March 21, 1986 EXTENSIONS OF REMARKS 5973 EXTENSIONS OF REMARKS DO WE NEED MUSIC United States, i.e., stations not owned by had not sought to obtain performing rights COPYRIGHT REFORM? any of the three major television networks, via source licensing. Perhaps prompted by ABC, CBS, and NBC .... We conclude that the evidentiary gap emphasized in our deci­ the evidence Is insufficient as a matter of sion in CBS-remand or by the taunting of HON. JOHN BRYANT law to show that the blanket license Is an defendants in this litigation, plaintiffs OP TEXAS unlawful restraint of trade. . . . The blanket began in mid-1980, a year and one-half after IN THE BOUSE OF REPRESENTATIVES license has been challenged in a variety of the suit was filed, to create a paper record contexts. It has been upheld for use by designed to show the unavailability of Friday, March 21, 1986 nightclubs and bars, BMI v. Moor-Law, Inc., source licensing. Mr. BRYANT. Mr. Speaker, American music 527 F. Supp. 758 , aff'd mem., Various techniques were used. Inlti&lly, is dominant in its art form; its popularity tran­ 691 F~ 2d 490 <3d Cir. 1982), by radio sta­ some stations simply inserted into the scends continents, cultures, and political sys­ tions,- K-91, Inc. v. Gershwin Publishing standard form of licensing agreement for tems-it is heard over the global air waves. Corp., 372 F.2d 1 <9th Cir. 1967>, cert. syndicated programs a new clause specifying denied, 389 U.S. 1045 <1968), and by a televi­ Our music is in such global demand that it re­ that the producer has obtained music per­ sion network, CBS-remand, supra. Without forming rights and that the station need mains one of the dwindling number of winners doubting that the context in which the not do so. No offer of additional compensa­ in our balance-of-payments equation. blanket license Is challenged can have sig­ tion for the purchase of the additional This music springs from the creativity of our nificant bearing on the outcome, we hold rights was made. Not surprisingly most pro­ people, and that creativity is genuinely all­ that the local television stations have not ducers declined to agree to the proposed American, a product of our ethnic and geo­ presented evidence in this case permitting a clause. A vice-president of MCA Television graphic diversity and the demands of our conclusion that the blanket license Is a re­ Limited <"MCA">, one of the major syndica­ youth. What is critical, however, is that this all­ straint of trade in violation of section 1. tors, replied to KAKE-TV, "It Is surprising American creativity takes place within the SOURCE UCENSING to me that the station would attach a Rider framework of the copyright law that encour­ of such magnitude without previously dis­ Mr. Speaker, the supporters of H.R. 3521 cussing it with us . . . [Ylou are apparently ages and nurtures it. The copyright system claim that alternatives to the blanket license asking us to undertake the clearance of the gives free reign to creativity, encourages com­ are not truly available. Yet the court found music performance rights in [the 'Rockford petition, and rewards success. In music, suc­ that there are three legitimate alternatives to Files' TV series] without offering any addi­ cess is popularity, and American music is the the blanket license. The legislation seeks to tional payment . . . [WJe are unable to most popular in the world. mandate one of those-source licensing-as accept the amendment . . . This does not Now that copyright system is under assault. the only way to license music to the exclusion mean, of course, that a different approach Is In October of 1985, the so-called source li­ of the blanket license and the other two alter­ unacceptable. It does, however, mean that a censing bill, H.R. 3521, was introduced. This change of this magnitude should be dis­ natives. Here is what the court said about cussed well in advance so that our respective bill will benefit fhose who profit from selling source licensing: concerns can be addressed." the creative efforts of others. It would inflict a As Judge Gagliardi noted, the "current Another approach, evidenced by King staggering blow on the copyright system availability and comparative efficiency of Broadcasting Co.'s letter to MCA, attached which has helped make the success of Ameri­ source licensing has been the focus of this a music performing rights rider to the can music possible. lawsuit." Id. at 291. The availability of standard syndication licensing agreement Mr. Speaker, none of the arguments ad­ source licensing Is significant to the inquiry and added, "If [sic] and additional fee Is in vanced by the proponents of the so-called as to whether the blanket license Is a re­ order, we would certainly consider favorable music copyright reform legislation are new. straint because so much of the stations' pro­ any such reasonable fee." Another ap­ They all have been made before impartial U.S. gramming consists of syndicated programs proach, adopted by Chronicle Broadcasting for which the producer could, if so inclined, Co. in letters· to various syndicators, was a courts. These courts have found them want­ convey music performing rights. Most of request for source clearance of music per­ ing. these syndicated programs use composer­ forming rights with the comment, "Chron­ The most recent, and the most definitive, of for-hire music. As to such music, the pro­ icle recognizes that this contemplated these court decisions was handed down by a ducer starts out with the rights of the copy­ change . . . may [sicl in some instances re­ unanimous Second U.S. Circuit Court of Ap­ right, including the performing right, by op­ quire an adjustment in the basic program li­ peals in September 1984. If space permitted, I eration of law ... unless the hiring agree­ cense fees.'' Metromedia, Inc., owner of sev­ would insert the entire opinion for the review ment otherwise provides. Thus it becomes eral stations, went further and asked Twen­ of my colleagues. But as this is not possible, I important to determine whether the sta­ tieth Century-Fox Television ("Fox">, would like to cite certain relevant findings here tions can obtain from the producer the "Since you are the 'seller', what Is the price music performing right, along with all of you would affix to the altered product [the refuting the key arguments advanced by the the other rights in a syndicated program syndication license including music perform­ proponents of music copyright reform. that are conveyed to the stations when the Ing rightsl?" In reply Fox made the entirely BLANKET UCENSE program Is licensed. As to "inside" music, valid point that since syndication licensing Mr. Speaker, the supporters of H.R. 3521 source licensing would mean that the pro­ without music performing rights had been claim that the blanket license, which is the ducer would either retain the performing the industry practice for years, it was Me­ method used throughout the world for music right and convey it to the stations, instead tromedia's 'responsibility to advise us in licensing, is somehow unfair, unreasonable, of following the current practice of assign­ what manner you would like' to change the Ing it to the composer and publishing com­ current arrangements. Notably absent from and monopolistic. In answer to these charges, pany, or reacquire the performing right all of the correspondence tendered by the the court stated the following: from the composer and publisher for con­ plaintiffs Is the customary indicator of a Once again we consider the lawfulness veyance to the stations. As to "outside" buyer's seriousness in attempting to make a under section 1 of the Sherman Antitrust music, source licensing would mean that the purchase-an offer of a sum of money. Act of the blanket license offered by the producer would have to acquire from the Judge Gagliardi properly declined to give American Society of Composers, Authors, copyright proprietor the performing right, any probative weight to the plaintiff's and Publishers and Broadcast in addition to the "synch" right now ac­ transparent effort to assemble in the midst Music, Inc. . The license permits the quired. of litigation evidence that they had serious­ licensee to perform publicly any musical Plaintiffs sought to prove that source li­ ly tried to obtain source licensing. He found composition in the repertory of the licensor. censing was not a re&llstic alternative by "plaintiffs" source licensing foray so dark­ In this litigation the blanket license Is chal­ presenting two types of evidence: "offers" ened by the shadow of the approaching trial lenged by a class of licensees comprising all from stations and analysis of the market. that its results may not be relied upon to owners of "local" television stations in the Prior to brlnging this lawsuit, the stations support either side. 546 F. Supp. at 292.

e This .. bullet.. symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 5974 EXTENSIONS OF REMARKS March 21, 1986 Nevertheless the District Court concluded plied to a station's total revenue; the pro­ ing of music needed for their locally pro­ that source licensing was not a realistic al­ gram license rate is applied only to revenue duced programming . . . if the stations can ternative because the syndicators "have no from a particular program. . . . realistically obtain direct licenses for local impetus to depart from their standard prac­ Second, the degree of difference between programming by offering reasonable tices and request and pay for television per­ the two rates is largely attributable to the amounts of money, they can avoid double forming rights merely in order to pass them stations themselves. In negotiating a revi­ payment by forgoing the blanket license. along to local stations." Id. This conclusion sion of license rates in the Shenandoah pro­ Their response is that they dare not do so does not follow from some of the Court's ceeding in 1969, the All-Industry Committee because they will then be unable to secure factual findings and rests on a view of the elected not to press for reduction of the pro­ performing rights to music on syndicated syndication market that is contradicted by gram license rate, believing, as it informed programs, which constitute the bulk of their other findings. the broadcasters it represented, that "the program day. But, as we have previously The District Court viewed the syndication critical matter at this time was to get the noted, the availability of the program li­ market as one in which the balance of best possible blanket license." Having pre­ cense enables them to forgo the blanket li­ power rests with the syndicators and the ferred to win a lower price for only the blan­ cense and still obtain music rights for any stations have no power to "compel" a reluc­ ket license, the stations are in no position to program for which direct licensing proves tant syndicator to change to source licens­ point to the widened differential between infeasible. Alternatively they can pursue ing. Id. Yet the Court found that there are rates to show that program licenses are not source licensing. . . . eight major syndicators, id. at n.13, and realistically available. that they distribute only 52% of all syndi­ Third, the only valid test of whether the CONCLUSION cated programs, id. at 281, hardly typical of program license is "too costly" to be a realis­ Mr. Speaker, the court in its September a non-competitive market. Moreover, the tic alternative is whether the price for such 1984 decision dissected each of the argu­ Court characterized production of syndicat­ a license, in an objective sense, is higher ments made today by the proponents of H.R. ed programs as a "risky business," id. at 282, than the value of the rights obtained. But a finding fully supported by the evidence. It plaintiffs presented no evidence that the 3521. This was an impartial body with no ax to may be that the syndicator of a highly suc­ price of the program license is "high" in grind. The language is clear and devastatingly cessful program has the upper hand in ne­ terms of value received . . . . powerful. Supporters of this legislation are gotiating for the syndication of that pro­ Fourth, even if there were evidence that asking this Congress to believe what they gram and would not engage in source licens­ showed the program license rate to be too have been unable to prove before an impartial ing for music in that program simply to "high.'' that price is always subject to down­ tribunal, and that is that they are the hapless please any one station, but it does not ward revision by Judge Conner, who cur­ follow that the market for the wide range of rently supervises the administration of the victims of a system stacked against them. syndicated programs would be unresponsive Amended Final Judgment. The aspects of Nothing could be further from the truth. The to aggregate demand from stations willing that judgment are especially pertinent to truth is that if H.R. 3521 succeeds, our coun­ to pay a reasonable price for source licens­ any claim that the price of the program li­ try's songwriters would become financially vic­ ing of music performing rights. cense is too "high." In a proceeding to rede­ timized, and the American copyright system, The District Court recognized that, even termine rates, the burden is on ASCAP to which has led to the preeminence of Ameri­ under its view of a syndication market prove the reasonableness of the rates can music throughout the world, would be weighted in favor of the syndicators, source charged, and the judgment expressly re­ shattered. licensing could be said to be unavailable quires ASCAP "to use its best efforts to only if stations would not offer "premium avoid any discrimination among the respec­ prices." Id. at 292. There is no subsidiary tive fees for the various types of licenses finding as to what prices the Court thought which would deprive the licensees or pro­ STUDENTS MEMORIALIZE stations would have to offer to obtain spective licensees of a genuine choice from HENRY CLAY LOUDENSLAGER source licensing. That is not surprising in among such various types of licenses," view of the failure of the plaintiffs to Amended Final Judgment . . . Mr. Speaker, when the administration sends that many of my colleagues feel likewise. views Savimbi and UNITA as part of a net­ its legislation to terminate the new Gl bill to Hopefully, the following article will help those work of right wing supported movements, Members who are yet undecided in coming to which include Contra forces in Nicaragua, Cspitol Hill, I urge my colleagues to consider that are hoping to receive covert aid from Master Sergeant Tinkle's comments. the realization that funding UNITA is not in the the Reagan adlninistration, with congres­ WASHINGTON AIR NATIONAL GUARD, best interests of Angola, the southern region sional approval. These forces are attempting BeUingham ANG., WA, February 28, 1986. of Africa or the United States. The article fol­ to topple governments who fought valiantly Hon. G.V. MONTGOMERY, lows: for many years to oust U.S. supported dicta­ Howe Of/ice Building, SAVIMBI, REAGAN, AND ArlucA torship and colonial powers. Washington, DC. The Reagan adlninistration told Congress DEAR REPRESENTATIVE MONTGOMERY: The last week that it has decided to provide Washington Air National Guard recruiters In 1884 the former slave trading nations UNITA with an estimated $15 million for thank you for your continued support of such as France, England, Germany, Portu­ anti-aircraft and anti-tank missiles. the reserve forces. Your concern and effec­ gal, Splilil, etc. called a meeting in Berlin, African people worldwide must unite tive support of our veterans and service Germany, to deal with the issue of dividing firmly behind the efforts of the Angolan members is greatly appreciated. up Africa among thexnselves. After over people to continue their fight for seU-deter­ I wish you continued success especially in 2,000 years of invasions, intrusions and for­ Inination. The Angolan people have a right your efforts to convince President Reagan eign intervention in Africa, African people to deterlnine the destiny of their own coun­ to continue funding of the New GI Bill. En­ had virtually lost control of this great conti­ try. closed is a copy of my letter to President nent to the former European slave traders. Dr. Savimbi has been shunned by African Reagan in that regard. The Berlin Conference gave the Europeans heads of state and most recently by the Sincerely, an opportunity to debate with each other Congressional Black caucus, whose actions MARY E. TINKLE, MSGT., WA ANG, over who would control which part of we overwheliningly applaud. Recruiter. Africa. This is called the colonial period in No amount of material aid from this coun­ Enclosure. African history. try will stop the Angolan people from re­ WASHINGTON AIR NATIONAL GUARD, The Portuguese were granted the territo­ building their society in their own image Bellingham ANG., WA, February 28, 1986. ries of what is called Angola, Mozambique and interests. We must support them. Call Hon. RoNALD REAGAN, and Guinea-Bissau. Through the revolution­ 268-7500 ext. 144 for more information. Commander-in-Chief, ary spirit and self-determination of the Afri­ The White Howe, 1600 Penmylvania can people in these territories, an armed re­ Avenue, Washington, DC. sistance movement unfolded in the 1960's NURSING HOME RESIDENT DEAR PREsmENT REAGAN: From July 1985 culminating in the defeat of the Portuguese PROTECTION ACT OF 1986 through February 1986 I have enlisted or by the Inid-1970's in Guinea-Bissau, Mozam­ reenlisted 25 individuals in the Washington bique and Angola. Air National Guard, 262 Combat Informa­ The people of Mozambique, Guinea­ HON. CLAUDE PEPPER tion System Squadron, whose final impetus Bissau and Angola chose their own leader­ or FLORIDA was the implementation of the New GI Bill. ship through their liberation movement or­ IN THE HOUSE OF REPRESENTATIVES As I'm sure you're aware, the Veterans ganizations when they reclaimed their coun­ Education Assistance Program did tries back from the Portuguese. Friday, March 21, 1986 not apply to reservists and participation by The United States' involvement in Angola Mr. PEPPER. Mr. Speaker, I am introducing eligible active duty members was at a 6 per­ has been in the news in recent weeks. On today legislation which I believe will afford our cent rate. January 28, Jonas Savimbi, head of the Na­ Nation's 1.5 million nursing home residents The 262 CISS is a high technology squad­ tional Union for the Total Independence of ron in a low technology area of the country. Angola arrived in the United the protection they so rightfully deserve. I must get out and really "beat the bushes" States to seek support for his continued Over the past 20 years, numerous congres­ for the quality recruit that I require for the counter-revolutionary war against the new sional and State investigations have revealed electronic mission. This also is a high unem­ government of Angola . subject to neglect, abuse, and denial of rights. do so without help of the New GI Bill. During the war against the Portuguese in The findings of these investigations have re­ As a Washington Air National Guard re­ Angola there were three liberation move­ cen~y been independently confirmed by a 2- cruiter, I urge you to continue funding for ment groups that fought for the reclaiming the new GI Bill so that I can continue to of their country. They were the MPLA year study performed by the National Acade­ enlist quality recruits for our demanding . FMLA , and UNITA. When the ing nursing home operators, nursing home MARY E. TINKLE, MsGT, WA ANG, war was over and the Portuguese were resident advocates, State inspection officials, Recruiter. forced to flee Angola, the majority of Ango­ and medical and health policy experts. The lans backed the MPLA to become the new study is the first ever independent national government. review of nursing horne care and the role of ANTI-UNITA FUNDING It has become generally known that even before the Angolan people won their coun­ Government in assuring quality. try back that UNITA was receiving aid from Along with my distinguished colleagues, the HON. CHARLES A. HAYES the United States through the CIA. Pro­ Honorable JOHN OINGELL, chairman of the Or ILLINOIS gressive world opinion was mounted against House Energy and Commerce Committee and IN THE HOUSE 01' REPRESENTATIVES UNITA and its leader Savb'nbi as a reaction­ the Honorable HENRY WAXMAN, chairman of ary force in Angola. the Subcommittee on Health and the Environ­ Friday, March 21, 1986 The Angolan people since 1976 have been ment of that distinguished committee, I called in the process of rebuilding their nation. for this study in 1983 in response to attempts Mr. HAYES. Mr. Speaker, as many of our One of the major problems has been the colleagues continue to prepare themselves for fact that UNITA, who at one point had by the Reagan administration to disman~e the the critical debate of aid to Jonas Savimbi and their guns pointed toward the Portuguese Government's system to protect nursing home his national union for the total independence during the war, has now been turning their residents. This report sends a clear and uni­ of Angola [UNITA], I would like to share with guns against their own people, backed by fied answer from consumers, providers, and them an article written by Dr. Conrad W. Wor- the CIA. regulators that the current system is grossly 5978 EXTENSIONS OF REMARKS March 21, 1986 inadequate and that it must be significantly eral standards measure the actual perform­ require that all nursing home inspections be strengthened rather than diluted. ance of nursing homes. Under the Pepper unannounced and on a random basts. In­ The Nursing Home Resident Protection Act proposal current federal standards would be spections could be from 9-15 months apart, of 1986 is a comprehensive legislative pack­ rewritten to emphasize the measurement of but the average interval for all homes in a actual nursing home performance and not age to forth and expand upon the Na­ state could not exceed 12 months. This carry just the capacity to perform. would allow problem nursing homes to be tional Academy of Science's recommenda­ <6 > It is the consensus of national experts inspected more frequently and provide in­ tions. I am pleased to see that the Institute of that regular assessments of residents are es­ centives for good performance while assur­ Medicine recognized the need for better en­ sential to proper care and could serve as the ing that inspections are truly unannounced. forcement It must be recognized that there future basis of regulation. Pepper's package <2> It is frequently following such a are six essential ingredients for effective requires all nursing homes to provide for change in owners and/or key staff of nurs­ reform: specific and uniform resident-centered regular assessments of an individual pa­ ing homes that facilties encounter serious standards of nursing home care; a full range tient's medical and social condition and management and/or patient care problems. needs. The Pepper proposal would require that of applicable penalties for poor care with spe­ nursing homes receive an additional short cific criteria as to how and when they should II. MANDATE THE ESTABLISHMENT OF A FULL RANGE OF PENALTIES FOR UNACCEPTABLE inspection following a change in its owner­ be applied; reliable methods of inspection; NURSING HOKE CARE ship or in key staff Require that all inspections be focused ers; and, increased consumer and community and continue providing unacceptable care. on the quality of care provided residents involvement in nursing homes. One cause for this inaction is the very limit­ and the physical environment of the nurs­ I've based my legislative reform package on ed nature of penalties available to the feder­ ing home. my fundamental belief that it is the responsi­ al and state governments. Currently, the <4> Require that inspectors interview resi­ the only options available to the federal dents and community representatives pri­ bility of Government to guarantee the protec­ vately about the quality of care they receive tion of the rights of the frail vulnerable people government are to either close a nursing home or let it go unpunished. Because of and that this information be used in deter­ who reside in nursing homes primarily support­ the critical shortage of nursing homes, the mining compliance with standards. Resident ed by the Federal dollar. federal government has chosen to take the and community representatives would be al­ A summary of the major provisions of the latter approach. In 1984, only 32 of the lowed to participate in the "exit confer­ Nursing Home Resident Protection Act of 154,000 nursing homes in the nation were ence" between inspectors and facility offi. 1986 follows: closed. Most of these 32 nursing homes were cials to discuss inspection findings. closed only temporarily and were back in (5) State inspectors are now required to I. ESTABLISH EFFECTIVE AND UNIFORM act both as consultants policemen. This cre­ STANDARDS OF NURSING HOKE CARE business a few days later. Therefore, Pepper would require that both the federal and ates an obvious confict of interest. Pepper (1 > Today there exists a strictly paper dis­ would require that states' inspection and tinction between levels of care offered in state governments have at their disposal a set of graduated intermediate sanctions consulting responsibilities be strictly sepa­ nursing homes. "Intermediat~" level nurs­ rate. ing homes in most cases are providing the which would include at a minimum civil same level of care as "skilled" nursing fines, ban on new admissions, receivership, V. PROVIDE PROPER RESOURCES FOR homes, yet are required to meet fewer and and monitorship. These sanctions would INSPECTIONS AND ENFORCE.KENT ACTIONS less demanding standards. Recognizing this have uniform wording and federally speci­ <1 > There are no federal requirements as unfair fabricated distinction, the Pepper fied criteria for their application. For states, to the background or qualifications of nurs­ proposal would require all nursing homes this would be required as a condition for ap­ ing home inspectors and those hired receive seeking government approval to meet the proval of state Medicaid plans. little training. Pepper would require that in­ same federal standards. (2) Pepper's investigations have found spections be conducted by a multidiscipli­ (2) Current federal laws allow many nurs­ that those charged with the responsibility nary team of professionals which must in­ ing homes to leave the sole supervision of for providing care in nursing homes, owners clude a nurse, dietician, and sanitarian who frail ill nursing home residents during the and operators of these facilities, bear little have passed a federally designed and admin­ nighttime in the hands of untrained nurse personal or legal liability when abuse is un­ istered competency exam. Pepper would aides. Congressional investigations have re­ covered or death is due to questionable cir­ also mandate and provide 100 percent feder­ vealed that the lack of round the clock cumstance . Owners often simply sell the training. This training would be specifically essary resident deaths and injuries. To ad­ "problem" nursing home and buy another. geared toward improving uniformity of find­ dress this problem, all nursing homes would Pepper's plan would make nursing home ings among inspectors and to documenta­ be required to have a registered nurse on owners and operators criminally liable for tion of problems to be used in enforcement duty at all times. harm to residents of their facilities caused actions against facilities. (3) Nurse aides provide nearly 90 percent by facility negligence or other wrongdoing. <3> Last year the federal government in­ of all direct care to nursing home residents. <2> Establish a private right of action spected only 278, or less than 2 percent, of Nurses spend less than one-half an hour under the Medicare and Medicaid programs the nation's 15,000 nursing homes. This is caring for resident each day, while doctors to facilitate nursing home residents and not an adequate validation of the findings provide less than half a minute daily with their advocates to sue nursing home provid­ of the states. Pepper would require that the residents. Despite this, nurse aides are typi­ ers for the provision of care which does not federal government perform "look behind" cally untrained and poorly educated. There­ meet federal minimum standards. inspections of at least 5 percent of all nurs­ fore Chairman Pepper is proposing that all (3) Many inspections are performed by ing homes annually. This will require the nurse aides complete a federally prescribed nurses and social workers not trained in in­ hiring of additional federal inspection staff. 60 hour preemployment training program in vestigative procedures or the documentation of cases for legal action. Also, neither the V. PENALIZE STATES WHICH DO NOT ADEQUATELY a state accredited institution. PROTECT NURSING HOKE RESIDENTS <4> Recent investigations by the Subcom­ states or the federal government specifically target bad nursing homes for legal action. (1) Although the federal government pays mittee on Health and Long-Term Care of nearly $12 billion dollars for nursing home the House Select Committee on Aging re­ Pepper's plan would require and provide 100% federal funding for special state in­ care, it often finds itself powerless to act vealed that frequently the perpetrators of against states which fail to adequately pro­ nursing home resident abuse have previous spection teams made up of lawyers, physi­ cians, investigators, and other health pro­ tect nursing home residents. Pepper would criminal or psychiatric records. To address fessionals to monitor, inspect, and prepare give the federal government authority to this problem the Pepper proposal would re­ withold survey and certification funding quire that all nursing home employees pro­ cases against targeted chronically substand­ ard nursing homes. from states which do not carry out enforce­ viding direct care to residents clear a back­ ment actions against noncompliant nursing ground check One of the persistent criticisms of fed­ (1) Numerous Congressional and state in­ VI. INCREASE CONSUIIER AND COMKUNITY IN­ eral nursing home regulations is that they vestigations have revealed that nursing VOLVEMENT IN PROTECTING NURSING HOlD: measure only the capacity to provide ade­ homes often know of impending inspections RESIDENTS quate care and not the actual provision of and "straighten up" just for the review by <1 > The protection of residents' rights, care. A review by Chairman Pepper indi­ hiring temporary staff and borrowing linens which should be the focal point of all nurs­ cates that fewer than one percent of all fed- from other facilities. Pepper's plan would ing home requirements, shares the same March 21, 1986 EXTENSIONS OF REMARKS 5979 level of importance in current federal stand­ Now is the time for action. The energy in­ permitting full deductibility of intangible drilling ards as does the requirement that nursing dustry of this country is crucial to national se­ costs and expansion of the definition of IDC's homes have a written plan of action for nat­ curity and economic growth. One need only to include geological, geophysical, and sur­ ural disasters. The only formal action re­ look back to the energy crisis of the 1970's to quired by the federal government for the face casing costs as deductible; and extend­ violation of residents' rights is that offend­ see what can happen if we allow our domestic ing to insolvent oil and gas producers the fa­ ing nursing homes submit a piece of paper production to drop to a level where we are vorable tax provisions that apply to insolvent saying that they will not allow violations to overdependent on foreign imports. farmers in the House-passed tax bill. recur. Pepper's plan would require that the My bill includes a package of tax incentives There is no single cause of the current de­ protection of residents' rights be a funda­ for production and exploration. The first is cline in the domestic energy industry, so I mental goal of federal regulation and thus marginal production tax credit. Currently, the have not offered a single solution. This is a be raised to a condition of participation for market price for domestic crude is lower than comprehensive bill that will do a great deal to all nursing homes, the violation of which the cost of production. Production costs are solve the short and long range difficulties of would trigger the application of specific particularly high for low-volume tertiary and penalties. the energy industry. With energy prices at an <2> Require all nursing homes to establish stripper wells. In order to keep these wells unrealistically and unexpectedly low level, the community advisory boards to assist in facil­ producing until prices stabilize at a normal time could not be more opportune to offer ity planning and to coordinate interaction level, this tax credit will serve to keep margin­ such a far-reaching proposal. between the community and the nursing al production profitable. home. The credit would be for the net loss to inte­ <3> Often those designated by the govern­ grated or independent producers incurred VOICE OF DEMOCRACY ESSAY ment to advocate and protect nursing home after applying the costs of production to gross residents are not even allowed entrance to income and would be limited to $5 per barrel. HON. DICK CHENEY facilities. Pepper would significantly One of the most serious long-term conse­ strengthen the long-term care ombudsman quences of the current drop in crude oil prices OF WYOMING program by assuring certified ombudsman IN THE HOUSE OF REPRESENTATIVES complete access to nursing homes and in­ is that many exploration companies are being creasing federal financial support and ad­ forced out of the industry permanently. In the Friday, March 21, 1986 ministration of the program. future we may face a critical lack of explorato­ <4> Inspection reports are often the only ry capability. Therefore, to encourage contin­ Mr. CHENEY. Mr. Speaker, I am honored to written information on the quality and past ued exploration activity, I propose a 15-per­ share with you Renee Annette Paravecchio's performance of nursing homes. However, cent tax credit for domestic exploration ex­ award winning Voice of Democracy essay. these reports are often not made available penses. Renee is from Cheyenne, WY, and submitted to the very people who need them. Chair­ My bill would also repeal the windfall profit her entry entitled "New Horizons for Ameri­ man Pepper recommends that nursing tax. I have opposed this tax since it was first ca's Youth" to the annual VFW competition. homes be required to post inspection reports She shares with us the idea that the youth of in a location accessible to nursing home resi­ proposed. Currently, virtually no windfall prof­ its are being made. Little tax is being collect­ our country are eager to work to see changes dents and their families and advocates as made in our Nation and the world. She com­ well as those comparing nursing homes for ed. Only the administrative burden of compli­ future use. ance remains. pares the tactics for change employed by the Repeal of the tax will remove this burden youth of the 1960's and 1970's to those used Mr. Speaker, I believe that we have a fun­ today and expresses her opinion that today's damental obligation to ensure the protection which is oppressive, not only on the oil indus­ try, but on the Federal Government as well. methods are more constructive. Renee is able of those in our society who cannot protect to convey the excitement and enthusiasm of themselves. We now have the opportunity to The Fuel Use Act would also be repealed under my bill. Natural gas producers are today's youth and I'd like to urge my col­ achieve meaningful reforms which are long leagues to read this fine essay. overdue. having great difficulty reaching domestic mar­ I strongly urge my colleagues to join me in kets. Repeal of the Fuel Use Act will allow NEW HORIZONS FOR AMERICA'S YoUTH supporting this timely and much needed natural gas to compete in all markets, includ­ The summer of 1985 was filled with the reform legislation. ing electric generating plants. musical echo of millions of people joining The deregulation of natural gas is another together. The words, "We are the World" became the trademark of a generation uni­ feature of my bill. This change is a long time fied by a cause. The climax of the USA for EMERGENCY ENERGY ACT OF coming. Natural gas regulation has not Africa drive came at the beginning of the 1986 worked. Now is the perfect time to allow Live Aid concert, when folk singer Joan market incentives to straighten out the regula­ Baez proclaimed: "This is your Woodstock". HON. W. HENSON MOORE tory mess that has resulted in gross distor­ But was it really? The purpose of Wood­ tions in natural gas markets. stock was individual gratification. The OF LOUISIANA youth of the late 60's and early 70's had IN THE HOUSE OF REPRESENTATIVES I also propose the continuation of construc­ tion and filling of the strategic petroleum re­ adopted the attitude of "if it feels good, do Friday, March 21, 1986 it". Woodstock was a pleasure seeking expe­ serve. The Saudis are partially responsible for rience, Live Aid was a giving experience, an Mr. MOORE. Mr. Speaker, today I am intro­ current market conditions in their hope of re­ example of the new unselfish attitude ex­ ducing, with my colleague from Texas [Mr. gaining a larger share of the United States pressed by the youth of the 80's. Once the ARCHER] emergency legislation designed to market. If, because of a loss of production youth acted in this manner, the mainstream assist the survival of the domestic energy in­ and exploratory capability, we become de­ of society followed along. dustry. Our bill, H.R. 4476, offers tax incen­ pendent again on foreign imports, SPR could The young people of America are known tives and the repeal of laws that discourage be crucial to our national security. Now is not for their driving, influential force on the world. Not just the youth of the eighties, exploration, production, and marketing of oil the time to stop buying oil to fill SPR. but the flappers of the twenties, the hippies and natural gas in the United States. The Department of Energy should take ad­ of the sixties. An Irish proverb states, My home State of Louisiana has been vantage of low prices, while at the same time "Praise youth and it will prosper". The blessed with an abundance of natural re­ providing another market for domestic produc­ young people of America have proven this sources. For many years, the oil and gas in­ ers. Therefore, my proposal includes the con­ to be true before. But what about the dustry has served as the backbone of our dition that SPR be completed with domestical­ future? What are the new horizons for economy. These were good years and our ly produced oil. America's youth. people prospered. Other provisions of the bill include: eliminat­ Examining the past is one of the best ing property transfer rules that prevent inde­ ways to predict the future, and what the Times are tougher now. Crude oil prices are youth of the past did is very influential to dropping. Rigs are stacked. Gas producers pendent producers from taking percentage de­ us today. According to Dr. Morris Massey of can't sell their product Companies are going pletion on properties transferred to them by the University of Colorado, "you are what bankrupt People are out of work. While the integrated energy companies; repealing the you were, when". His analysis explains that rest of the economy is improving, the domes­ 50-percent net income limitation on the appli­ the environment a person is living is at age tic oil and gas industry is in a depression. cation of percentage depletion allowances; 10 directly affects the way a person reacts 5980 EXTENSIONS OF REMARKS March 21, 1986 and controls what they value for the rest of stepped down after serving as town select­ lems an asset as well as a liability. Despite their lives. man, a post his father held before him. its weaknesses, Johnson feels major changes Using this analysis, look at what was in­ Those of us who have worked with Cart will in town government are unlikely. fluencing teenagers of today when they "The town has had representative town were 10 years old. That would put us to the miss his contribution at town hall. But we also meeting since 1939. I don't think town meet­ time period around 1977 to 1978. recognize that his departure represents only ing will ever do anything with that,'' John­ Jimmy Carter was the President of the an interruption, not an end, to his public serv­ son said. One change that could centralize United States, and we witnessed his pardon­ ice. town government, he said, would be to give ing of Vietnam draft evaders, the signing of A reflection on his work on behalf of the more responsibilities to the executive secre­ the Panama Canal treaty, and his deferring town was published recently in the Patriot tary and planning director. production of the neutron bomb. We experi­ Ledger of Quincy, MA, and I would like it read Johnson has no immediate political plans. enced disaster, severe winter weather, inter­ into the RECORD at this point: Having unsuccessfully run for state repre­ national terrorism, and the crunch of the sentative twice, Johnson rules out serving in energy crisis and the worst airPlane crash in JOHNSON: TOWN HAs GROWN, MAruRED IN the Legislature. But the 37-year-old former history. Elvis Presley died, and Gary Gil­ LAST 10 YEARS selectman may yet make another bid for his more was the first man executed since 1967. old job, though not in the next three years. These occurrences showed those Impres­ BRAINTR.D.-Ten years ago, when his "There's probably still 30 more years for sionable 10 year olds that our world was father was sick and had lost his seat on the me to run for selectman.'' crumbl.lng. In fact, this attitude was carry­ board of selectmen, Carl Johnson III made ing over from what the youth of the 1960's his first bid for the office. It was his fa­ felt. They saw the threat of the nuclear age, ther's defeat in 1975 that launched the JOSEPH NEWMAN the Vietnam war, racial turmoil, and our younger Johnson's career in politics. ecosystem polluted. But examine the way Soon afterward, his father-a former state they responded. Lock in's, protests, pickets, representative, selectman, moderator and HON. WIWAM E. DANNEMEYER riots. These actions became immortalized in town clerk-died. 011' CALIFORNIA the history books that my generation read. "There was a good deal of emotional in­ IN THE HOUSE OF REPRESENTATIVES We saw that the youth accomplished little volvement in that campaign. Through his from these methods of expressing them­ example, he excited me," Johnson said in Friday, March 21, 1986 selves. his Quincy law office last week. "He was a Mr. DANNEMEYER. Mr. Speaker, I am The effects of these influences are already very astute politician. He was a professional. proud to be the sixth Member of Congress to immersing in the 1980's. Look again at the I don't know if I was or ever will be a profes­ introduce a private bill for the relief of Joseph example of USA for Africa. The young sional politician. The room is named after my father and Newman. For nearly 7 years Joseph Newman, prior generations, that the government do that was a sort of a responsibility. an inventor from Lucedale, MS, has been un­ something. Instead, they took action, start­ Johnson, who stepped down last week justly denied a pioneer patent by the U.S. ed local drives and contributed to the cause. after a decade of service, reflected on his Patent and Trademark Office for a truly revo­ I believe the youth of today have learned to years as a second-generation selectman and lutionary machine. Mr. Newman believes his work with the system to accomplish great commented on the town's future. He said machine can safely and inexpensively create things. We are a unique group in that we business concerns and the need to spend more usable energy than it consumes. If his have explored varied options of expressing more time with his wife, Margaret, and claims are true, Mr. Newman's perpetual ourselves, we are creating new horizons. their two sons prompted his decision to quit. I feel that my generation is one that is "My youngest son used to say to me, 'Oh, motion machine can provide enough energy to aware of our world, and wants to better it. it's Monday night.' It's a way of life I grew enable all the people in the world to light, Unlike the past, we are not waiting for up with and I can empathize with them," heat, cool, or power their homes, businesses, action, instead, we are an instrumental force said Johnson. automobiles, airplanes, tractors, ships, trains, in change. I see examples of this everyday But business commitments also convinced space crafts, and so forth. in my peers, students that are giving, ac­ him it was time to step down. Mr. Newman applied for a patent in 1979 complishing and promoting change. We Johnson's involvement in converting the and was rejected in 1982. Since then he has have learned from looking at the past, that Duane salvage yard in Quincy into a condo­ appealed his case to the U.S. district court we are responsible for the world, that we minium development, as well as his law and the U.S. court of appeals to no avail. It are the leaders of the future. I also see a practice, factored into his decision. great desire by my age group to set a good "The opportunity was there (in the Duane seems to me that Mr. Newman has received example for the young children that are Im­ project> for me to be involved in a signifi­ arbitrary and unfair treatment from the Patent pressionable now. Many of us didn't like the cant development," he said. Office and the courts. No harm is done by im­ world we lived in when we were ten. Thus, Looking at the town's future, Johnson mediately granting Newman a patent. If his the reason we are ambitious to change now predicts Braintree will be an expensive com­ machine works then no more wars need to be and not walt for when we are adults. munity in which to live. "It was a blue-collar fought over our limited fuel supply. There will The future holds the excitement of seeing town and it has changed a lot in the past 25 be limitless, efficient and nonpolluting energy how these changes will progress. The youth years and a lot more in the past 10," John­ of today are taking control of their hori­ son said, adding that the town is unlikely to available to everyone. zons. We are creating new horizons. face massive development in the future. The Federal bureaucracy has had its "We've reached a point where we're a chance, now let's give Mr. Newman a try! mature town. The question now will be The article follows: CARL JOHNSON III 'What should the town do to reuse its old [From Regardie's magazine, December buildings?'" Johnson said. While truck traf­ 1985] ' fic will moderate as the town shifts from HON.B~J.DONNmLY heavy industry to more service-oriented PERPETUAL NOTION 011' IIASSACHUSETrS companies, he predicts traffic in general will increase. "People make planned visits to So far, inventor Joseph Westley Newman, IN THE HOUSE OF REPRESENTATIVES Braintree, whether to work or shop.'' Route 1, Box 52, Lucedale, Mississippi, has Friday, March 21, 1986 Calling himself a moderating influence on spent upwards of $250,000 and nearly seven the board in recent years, Johnson said his years of his life at war with the U.S. Patent Mr. DONNELLY. Mr. Speaker, local govern­ experience as a lawYer was a big contribu­ and Trademark Office. For the past three ment in most communities runs on the energy tion. He said he considered himself an inde­ years, Newman has duked it out with the and commitment of public-spirited citizens pendent voice on the board. PTO before a federal district court ln Wash­ who serve part time. They devote long hours "People could never say they could count ington, which he hopes will, once and for to town government, receiving little or no on my vote one way or the other," said all, order a patent on his Revolutionary compensation beyond the satisfaction of help­ Johnson. Energy Machine. On the subject of town government, John­ At this point, it seems likely that nothing ing their neighbors and seeing an important son admits there are problems. short of an order by a federal judge will per­ job well done. "The present system is cumbersome and suade the PTO to protect Joe Newman's I rise today to take a moment to recognize not conducive to the expeditious handling device. Through years of administrative ap­ the decade of service Cart Johnson Ill has of things," Johnson said. But he called peals and litigation, the Patent Office has provided to Braintree, MA. Cart has just Braintree's slow response to issues and prob- held fast to its belief that his energy ma- March 21, 1986 EXTENSIONS OF REMARKS 5981 chine "smacks of perpetual motion." And encouraging and protecting scientific study fleets its innards, which are downright page three of its handbook clearly states and inquiry, would refuse to consider an ap­ simple: eight miles of copper wire coiled that "alleged inventions of perpetual plication on its merits simply because it is around a bundle of six magnetic rods, each motion machines are refused patents"­ revolutionary." four feet long. Newman says, "Poor Ellen, it even, it seems, if they work. Congressmen aren't the only ones wonder­ took us weeks to install all that copper wire. Not that Newman would ever pin a shady, ing why the Patent Office, under no onus to She had blisters on top of blisters." derisive label like "perpetual motion" on his guarantee what it protects, appears hell­ The machine is hooked up to 150 six-volt invention. What he claims is that his amaz­ bent on thwarting the development of an in­ and nine-volt batteries lined up in neat ing machine operates with vastly greater ef­ vention that might someday put Pepco out rows, which Newman turns on before giving ficiency than your standard electromagnetic of business and tum the Middle East into the magnets a shove. Slowly they begin to engine-so much so that it puts out more one of the world's more superfluous spots. rotate on their own, picking up speed with a energy than it takes in, up to 25 times as "After everything is said and done, they rhythmic clanking. A row of light bulbs much. Strict adherents of the First Law of should find a way to put Joe's work out to around the top begins to blink.. An orange Thermodynamics needn't take exception, public scrutiny," says retired Washington fan attached to the machine by a belt starts however; Newman doesn't claim to be creat­ patent attorney Paul Gomory, a consultant to tum. Soon the clanking turns into a din, ing energy. He says his machine captures to Newman, "If he has something that as the furiously whirling magnets reach a subatomic "gyroscopic" particles orbiting in works we ought to find out and do some­ speed of 260 revolutions per minute. a magnetic field, and simply releases elec­ thing with it. If it doesn't work we ought to Before there was investor money, a crowd­ tromagnetic energy that's already in the find out about it and go on. We can't ed, dilapidated garage made do as Newman's system. The net effect, he claims, is the con­ hobnob on this thing for the next 15 years." research center. Newman is a full-time pro­ version of mass to energy, ala E=mc1 • Between Hattiesburg, Mississippi, and fessional inventor who has designed and If Newman's Revolutionary Energy Ma­ Mobile, Alabama, as the crow flies stretches patented several inventions, including plas­ chine does indeed. generate the cheap, non­ 100 miles of two-lane highway clogged by tic-coated barbells, a gadget that sucks juice polluting, virtually unlimited energy he says log trucks and lined with spread-eagled ar­ from oranges still hanging on the tree, and it can, its impact could be profound. Homes, madillos stiff with rigor mortis. Considered a rain deflector that keeps car windshields cars, even entire factories could be powered outlandish even by Southern standards, clear at drive-in movies. The profits from by self-contained, one-time-purchase units. southeast Mississippi never has been much those inventions kept food on the table, but Nuclear reactors and internal combustion more than some place you have to drive the energy machine is different. Newman engines would become as archaic as the through to get to Alabama and Florida Gulf calls it "foremost in my life, above all else. wood-burning stove. And since Newman Coast resorts. All my family know this comes first." claims that his machine represents the me­ Smack-dab in the middle of this outback, Newman seems younger than he is, more chanical unification of the gravitational, nu­ just past a stark black-and-white billboard like 39 than 49 years old. Crowned with a clear, and electromagnetic fields, a lot of announcing GOD MAKES HOUSE CALLS, straight, slicked-back pompadour, he resem­ physics textbooks would need revising. is Lucedale, Mississippi, population 2,500. A bles an incongruously healthy Jerry Lee All this may sound farfetched, but the while ago its main claim to fame was the Lewis. His sturdy frame tells of all those fact remains that some 30 engineers and sci­ public backscratching post at the Coffee Pot rounds with the punching bag, as well as entists, including a NASA aerospace engi­ Restaurant, upon which the likes of Tennes­ Ellen's widely acclaimed ways with black­ neer, a nuclear physicist, and an electrical see Ernie Ford, Dizzy Dean, and Ronald eyed peas and sweet potatoes. The tip of engineer who worked on the Saturn 5 Reagan have abraded themselves. But for Newman's right index finger is gone, project, have tested Newman's energy gen­ several years now a procession of outsiders crushed in an accident that happened when erator and swear it works. Roger Hastings, a has come to Lucedale and, instead of blow­ he was a teenager roughnecking on an oil physicist for the Sperry Univac Corpora­ ing through town loaded with Coppertone rig. tion, states in an affidavit: "Every experi­ and six-packs, stayed on to meet the man Newman is an engaging, straightforward ment that I have performed shows that the who made the Revolutionary Energy Ma­ man whose rough-hewn way of talking re­ energy output of the device is indeed larger chine. flects his lack of formal education. Nonethe­ than the energy input!' He adds, "The Newman lives beyond the edge of Luce­ less, a growing flock of true believers claims future of the human race may be dramati­ dale proper, down a mile of deeply rutted Newman is a genius, a modem-day Faraday cally uplifted by the large-scale commercial dirt road through the piney woods, past a whose academic credentials are irrelevant. development of this invention." gate and a few mildly intimidating KEEP "Joe has gone beyond what you can read in But before Newman starts mass-producing OUT signs. The term "backwoods inventor" textbooks," says Milton Everett, an engineer anything, he wants a patent to protect him­ is an accurate one for Newman, but forget with the Mississippi State Department of self from potential competitors. Patent Tobacco Road. Newman, his wife, Ellen, and Geology and one of the first to believe in Office officials, however, have stood their their two-year-old son, Gyromas . live in a and there's not many of those. I think Ein­ matter while it is in litigation-except for comfortable, brick ranch-style house guard­ stein's going to have to take a second seat to one PTO spokesman, who claims that "Mr. ed by a misanthropic Doberman pinscher Joe Newman." Newman's case isn't any more unusual than named Night. "I live secluded because I like It took 15 years for Newman to develop anyone else's." to be secluded," says Newman. "I like his radical theory of electromagnetism and L'affair Joe Newman might be run-of-the­ people, I like to help people, but I really then tum it into a working prototype of the mill stuff over at the Patent Office, but it's don't like them to make a whoop-de-do over Revolutionary Energy Machine. He has turned some heads on Capitol Hill. This me. That's not my cup of tea." been trying since the midsixties to get the past summer Newman's attorney, John P. In a clearing behind the main house is a scientific community to pay serious atten­ Flannery-a young, aggressive former feder­ brand-spanking-new pine-board building tion to his ideas, with less successful results. al prosecutor and an unsuccessful Virginia identified by a brass plaque as the "Re­ "I was very naive, and I went to many uni­ Democratic candidate for the U.S. House in search Center for the Energy Machine of versities to debate," he says. "I'd go in good 1984-asked every member of Congress to Joseph Newman." Inside is a conference faith thinking that if I'm wrong, they'll help his client. In October, Republican Rep­ table and some chairs, pieces of electrical show me I'm wrong-that's fine. I'll take resentative Dan Burton of Indiana intro­ equipment, and a 75-pound punching bag, that knowledge and utilize it. Then I started duced a bill to grant Newman a pioneering which Newman uses to let off steam. "I beat noticing that something's bad wrong here; patent. Burton says he would like to see a the hell out of it," he says. Across one wall these people are intimidated by my ques­ congressional investigation of the PTO's hang paper banners with quotes from the tioning." manhandling of Newman's patent applica­ two men Newman credits with inspiring his But tenacity will win out, says Newman: tion, and at least 10 other senators and rep­ work: 19th-century English scientist Mi­ "I'm like a bulldog. I'm going to win that resentatives have taken up Newman's cause chael Faraday <"How Few Understand the fight. You've got to kill me or I'm going to with Donald Quigg, the commissioner of the Physical Lines of Force!"), and mathemati­ win it. One of the two." PTO. cian James C. Maxwell <"The Energy in That kind of fierce determination is not "It is my understanding," wrote Demo­ Electromagnetic Phenomena is Mechanical new; Newman remembers constantly getting cratic Representative Norman Dicks of Energy"). into scrapes with neighborhood bullies Washington, "that despite physical evidence At the far end of the room stands the when he was young. "I'd fight automatical­ to the contrary, your office has taken the Revolutionary Energy Machine. This, the ly; not premediated. I'd just see somebody position that Mr. Newman's invention largest prototype of Newman's invention, getting picked on and it would offend me so cannot be scientif1cally possible." He added looks like a hot tub mounted on an oak plat­ much that I'd have to step in. And that's that "It is disconcerting to me to find that form. It weighs 9,000 pounds and cost him the same feeling I have when I fight the the Patent Office, although charged with $23,000 to build. An overhead mirror re- Patent Office: they can't whip me, but I 5982 EXTENSIONS OF REMARKS March 21, 1986 know they could step on people who don't hearing before the PTO's Board of Appeals. Gomory is kinder to the PTO: "I empha­ have that type of feeling." He brought his two pieces of evidence to the size that, on the whole, to examine some Newman also points out that this is not hearing, which was held in the fall of 1982: 110,000 patent applications each year, and the first time the Patent Office has clashed the 800-pound prototype of his energy gen­ of those to issue some 80,000 patents, is with an inventor making a wild claim; back erator and Roger Hastings. But both Hast­ quite a Herculean job," he says. But he calls around the turn of the century, the PTO ings and Newman feel that no serious effort the Patent Office's handling of the Newman was battling with the Wright brothers, who was made at that hearing to determine the case "not only wrong, but one could say out­ kept insisting that heavier-than-air ma­ validity of the machine. "One of the exam­ rageously wrong." chines could fly. Only after three years and iners stood behind a pillar the whole time," Joe Newman filed suit against the Patent as many PTO rejections were Wilbur and says Hastings. "He was afraid that 100- Office in U.S. District Court in Washington Orville finally allowed to patent the "inop­ pound magnet being rotated by Joe's ma­ on January 3, 1983; the case was assigned to erative" contraption they were already chine was going to fly off and hit him.'' Judge Thomas Jackson. During the pretrial flying at Kitty Hawk. "They sat over there like a bump on a period Patent Office lawyers submitted a Hostilities between Joe Newman and the log," Newman recalls angrily. "When we got report on the tests run on Newman's ma­ Patent Office commenced on March 22, through with the testing procedures, then chine-at Newman's invitation-by two Mis­ 1979, the date he first filed for a patent on they went over there and looked at the ma­ sissippi State University electrical engi­ the technical explanation of his Revolution­ chine. Didn't touch it; no way could they neers. "But the Patent Office admitted in ary Energy Machine . Assigned to evaluate New­ unlike what you would expect of profession­ the tests as 'inconclusive,'" says Flannery. man's 130-page application was the Patent al persons who were going to investigate The PTO also asked a National Bureau of Office's primary examiner, Donovan F. something that was supposed to put more Standards engineer named Jacob Rabinow Duggan. This was not his first experience energy out than in.'' At the close of the to review and criticize various test results with alleged inventions of suspiciously pro­ hearing, says Newman, "They gave me two submitted in support of Newman; his report digious energy efficiency. Several years ear­ minutes-two minutes-to try to discuss was also offered as "contradictory" evi­ lier he nixed the patent application of about 17 years of work." dence. Ralph E. Lindsey, who had his own version A few days after presenting his machine Meanwhile, a Texas engineer named S. of the electromagnetic engine. Lindsey sub­ to the appeals. board, Newman arranged to Mort Zimmerman who had met and talked sequently sued the Patent Office for negli­ have it examined at the National Bureau of with Newman, independently built a proto­ gence in a Texas federal district court, Standards. Hastings, who had gone home to type of the Revolutionary Energy Machine which in 1983 ruled in his favor. Minnesota, flew back to Washington to that, Zimmerman said, did indeed run at In its decision, the court was particularly attend the NBS testing, believing that there greater than 100 percent efficiency. Soon critical of Donovan Duggan: "Examiner would finally be an expert, impartial, con­ after submitting to the court an affidavit to Duggan's knowledge of electrical theory clusive evaluation of Newman's machine. "I that effect, Zimmerman got a phone call may have been inadequate for his responsi­ was expecting a bunch of people in white from a NASA scientist, Larry Wharton, who bilities. In any event, the examiner careless­ coats to come out, take the machine in, and quizzed him on his machine. Wharton never ly and incorrectly perceived the Lindsey give it a whole series of tests," says Hast­ mentioned to Zimmerman that he was design to be a 'perpetual motion machine.' ings. "But they didn't have the equipment acting on behalf of the PTO. Later, when a Once convinced of that, Examiner Duggan or the facilities to do anything.'' statement by Wharton Debunking Zimmer­ seemed unable to consider the design on its Instead, NBS officials suggested that own merits. . . . The actions of the Patent Newman stop on his way back home at man's testimony was introduced as evidence, Office-from the officious manner and care­ Auburn University in Alabama and have his Wharton recanted, saying he had made less processing of Examiner Duggan to the machine tested there. So Newman, another clear to PTO lawyers that there was a possi­ slothlike response of the Board of Appeals­ friend, and Hastings crammed into the cab bility that Zimmerman's prototype operated are deplorable. A citizen deserves better of a pickup truck and lugged the 800-pound at 600 percent efficiency. Wharton says he treatment from his government." prototype on what amounted to a 20-hour was told that such information wasn't nec­ It took two and a half years for Newman joyride. "The worst part was they wouldn't essary. to receive a 44-word handwritten rejection let me smoke," recalls Hastings. "First Rabinow comes up with his descrip­ from Duggan, who summed up his decision When they got to Alabama, Newman re­ tion, and after that, almost to answer it, an with these words: "More output than input fused to allow his invention to be tested. independent inventor creates a Newman attained smacks of 'perpetual motion.' " Neither Auburn University nor the profes­ device and it works," says Flannery. "Then Newman quickly responded, submitting a sor at Auburn could assure Joe of security the Patent Office lawyers get desperate and more detailed explanation of his invention, or confidentiality," says John Flannery. come up with a guy from NASA who says it along with a sworn statement from Robert "Nor was the Auburn professor associated doesn't work-and then he recants his testi­ E. Melton, a former Saturn 5 project electri­ with the NBS in any way-and that was the mony. There's something going on here that cal engineer now with the cmA-GEIGY point of the whole exercise." just ain't right.'' Corporation in Mcintosh, Alabama. In his As it turned out, the hearing before the Faced with a muddle of conflicting evi­ affidavit Melton stated he had carefully Patent Office's appeals board was equally dence, Judge Jackson decided to appoint a evaluated Newman's device "to present ar­ pointless; the board sustained the rejection special master to investigate Newman's guments against it" and "found none.'' Said of Newman's request for patent protection, claims. Over the objections of Newman's at­ Melton: "As a result of discussion, research, maintaining in its report that "such a ma­ torney, he gave that job to William E. and observation, I believe he has a valid dis­ chine is impossible.'' Among the attach­ Schuyler, Jr., a former head of the Patent closure.'' ments to its decision were some pages pho­ Office and prominent Washington patent Newman also offered Duggan an all-ex­ tocopied from a 1911 college physics text­ attorney who is an electrical engineer to pense-paid trip to Lucedale to personally ex­ book stating that "perpetual motion is a de­ boot. Jackson called Schuyler's credentials amine the machine. Ignoring this invitation, lusion.'' And two of the three examiners at "superb." Duggan issued a second thumbsdown, this the appeals hearing turned out to be the The report of the special master was time speculating the "possibility" of a same ones who sat on the "slothlike" ap­ issued in late September 1984. While refus­ hidden outside power source-even though peals board in the Lindsey case. ing to endorse Newman's theories, Schuyler he added that "the applicant's character is "The Patent Office set itself up to deviate found that the "evidence before the Patent not at issue here, only his disclosure." from procedure," insists patent attorney and Trademark Office and this court is Newman disagrees: "It was quite obvious Gomory. "It set itself up to say, 'This is im­ overwhelming that Newman has built and that he had deliberately attacked my hones­ possible.' The Board of Appeal's decision in tested a prototype of his invention; there is ty and integrity." effect took the position. 'We will defeat this no contradictory factual evidence.'' The Newman asked for and got a personal application no matter what.' It kept saying report called "clearly erroneous" the Patent interview with Duggan, referred by Dug­ there was no evidence. Of course there was Office Board of Appeals's contention that gan's supervisor. At that meeting. Newman evidence-there was Roger Hasting's affida­ Newman's machine is "impossible," and says, Duggan "told me to my face he doubt­ vit. They never mentioned the affidavit.'' stated Newman "is entitled to a patent ed he would ever allow a patent on my ma­ Flannery blames Newman's rejection on based upon his experiments and results pro­ chine no matter what proof I submitted.'' institutionalized incompetence at the PTO. vided he otherwise complies with the re­ Duggan has denied this in court documents; "This office is overworked, it has no ability quirements of the Patent Statute; it is not other than that, all he will say is, "New­ to search the documents, and who in their necessary that he be able to state the scien­ man's made a lot of charges, but I'm forbid­ right mind who has scientific ability­ tifi~. principles underlying his invention den to talk about it.'' whether it's a Donovan Duggan or anybody After exhausting every other administra­ else-goes to examine patents at the U.S. Jere Sears, a PTO attorney, responded to tive avenue of redress, Newman requested a Patent Office? " he says. the report by insisting that it be reJected. March 21, 1986 EXTENSIONS OF REMARKS 5983 Sears asked the court to "exercise some "The judge was saying he would draw the Newman. "Whether I'm dead or alive common sense and refrain from believing in conclusions that he was entitled to draw if I doesn't make any difference: this invention those who apparently still believe in the didn't tum my device over to the Patent is going forward, and no power on this earth tooth fairy." Newman's attorney, in turn, Office to give to the Bureau of Standards," is going to stop it." asked Jackson to order the Pl'O to grant say Newman. "What I did was carry it to Newman's machine a pioneering patent Washington and give a public demonstra­ based on the master's findings. tion showing I had nothing to hide-that I THE URGENT NEED TO ATTACK The judge declined both suggestions. "I put myself up to public ridicule. And that's am not prepared at this point to conclude not something somebody would do who has "CRACK" that there is no factual dispute and that it something to hide. So we exposed it, had can be said as a matter of law that ... other scientists there. This took away the Newman has produced a truly pioneering in­ judge's grounds that I had something to HON. CHARLES B. RANGEL vention of the order of magnitude of the hide." OF NEW YORK atomic and hydrogen bomb," Jackson said Patent Office lawYers have since asked IN THE HOUSE OF REPRESENTATIVES in a hearing held on Halloween 1984. "Nev­ the court to declare Newman's patent appli­ ertheless," he added, "I am also equally un­ cation abandoned. Jackson instead agreed to Friday, March 21, 1986 give Newman his "day in court," a nonjury prepared to say on this record, as the de­ Mr. RANGEL. Mr. Speaker, as chairman of fendant would have me say, that Mr. trial scheduled for late February next year. Newman is a crackpot as a matter of law But he also insisted, again, that Newman the Select Committee on Narcotics Abuse a·nd and that his invention cannot possibly, as a hand over his machine to the NBS. And the Control, I wish to bring to the attention of our matter of physical principles, operate under Patent Office told Newman he would have colleagues an article by Peter Kerr that ap­ any circumstances." to post a $50,000 bond to cover the cost of peared in the March 20, 1986, New York So Newman's patent application was the testing. Times, entitled "Extra-Potent Cocaine: Use bounced back to the Patent Office, with in­ "The special master's report comes down Rising Sharply Among Teen Agers." structions from the court to expeditiously and bang!-the thing works, you guys are all This dramatic piece confirms what many of reexamine his case "in light" of the special wet, you've ignored your own procedures, master's recommendations. Incredibly, that examiner is no good, a patent should us in the Congress who have the responsibil­ Newman was also ordered to cough up be issued," says Flannery. "Then, all of a ity for reviewing Federal drug abuse policy $11,602.20 to pay for the report. sudden, these guys scramble around. Now have known for some time; that the availability Such a financial imposition would have they want to test it. But they don't want to of "crack" -cocaine in its purest state-at low left Newman sorely strapped, but at that just test it. They want to seize it; they want street prices will only expand the abuse of co­ point, like the U.S. cavalry coming to the to dismantle it; they want to destroy it; they caine nationwide. rescue of a beleaguered wagon train, bigtime want to hold off until after the trial starts, Increasingly, Mr. Speaker, Members are in­ investor money suddenly appeared. A Sacra­ and then they're going to put their expert mento, California real estate broker and de­ witnesses on the stand. quiring of the select committee; What is veloper named Dan Benvenuti, whose "That's not fair. It's not common sense. It crack? How is it different from cocaine? family owns the Sacramento Kings and entered the treatment program. were actually leaving the continent of In dramatically rising numbers in the last "You are willing to do anything to get it," North America, leaving behind the United five months, teen-agers in New York City he recalled. "We just had to get more." States-leaving McDonald's, MTV, and the and its suburbs have been using "crack," an MOVING TO THZ SUBURBS Boston Celtics. I cried, I screamed, I even especially potent and addicting form of co­ Experts say few statistics are available on ran away, but to not avail. Two months caine, according to state and local drug offi­ the use of crack. But drug hot lines in the later we were on the plane heading for our cials, educators and experts on drug abuse. area have recorded a steady rise since No­ new destination. From the wealthiest suburbs of West­ vember in the proportion of callers who say In time, I came to accept my new home, chester County to the Bedford Stuyvesant they use crack. but I'm ashamed to say, it wasn't for awhile section of Brooklyn, drug experts and com­ Another recent change is the proliferation later that I realized I had missed the United munity groups say the growth of crack use of crack in the suburbs. States for all the wrong reasons. Oh, sure in has been so great that it is fast outpacing "It was pretty much a city problem until the beginning I longed for a Burger King or the ability of educational efforts and reha­ four to six months ago," said Harold E. even K-Mart, but as I grew older, I found bilitation programs to cope with the prob­ Adams, the Commissioner of the Nassau there was also the American Flag, freedom lem. County Division of Drug and Alcohol Addic­ of speech, and a democracy. Also, what "It's all over the place," said John French, tion. "Now it is a Long Island problem. It is became most important to me as an inspired the chief of research and evaluation for the steadily increasing and we are very. very American youth, was the wide spectrum of New Jersey Health Department's alcohol, concerned." opportunities available to me only in Amer­ narcotics and drug abuse unit. "There are Between 65 and 70 crack users a month ica. simply not enough treatment programs to are now being treated at the Nassau County New windows and new scopes can be found handle the demand." Medical Center, he said. in all endeavors of American life. Since In recent weeks, reports of growing use of "In the morning these days the phone we're aided not only by the awesome ad­ crack among youth has also brought state­ doesn't stop ringing," said James P. O'Han­ vances in techology. but also by the democ­ ments of concern from officials of the New ion, director of alcohol and substance abuse racy of our government. we youth of today York City Board of Education, the New programs for Westchester County. Mr. are faced with ever-expanding challenges­ York State Division of Substance Abuse O'Hanion said he feared there would not be and unbridled horizons. Horizons available Services and the county drug-control agen­ enough programs to treat the wave of only in America. cies in Nassau and Westchester. The agen­ people addicted to crack. For instance, there is the opportunity of cies say they are looking for new ways to education. In the United States today there educate young people about the dangers of WOEFULLY SHORT OP' RESOURCES are thousands of colleges, all willing to cater crack addiction. "We have a large methadone treatment to aspiring young students. The colleges Cocaine treatment programs around the network that responds to opiate problems," even offer help for those in financial trou­ area are reporting a rise in serious addic­ he said. But for cocaine, which is not an ble, through scholarships and literary con­ tion, together with a wide range of physical opiate, he said, "We are woefully short of tests. and psychological problems and criminal be­ resources and we are short throughout the There are work study programs, and com­ havior, in youths between 13 and 19 years state." munity involvement programs, all designed old The proliferation of crack has presented a to support the rising young scholar. Athletic As recently as last fall, government offi­ burgeoning problem for the New York City programs promoted by schools project the cials who monitor drug abuse warned of the school system as well, according to Levander "sound mind and body". Contests sponsored growing popularity of crack among cocaine Lilly, an assistant to the school chancellor. by Universities and Corporations encourage users generally. But the speed with which "A lot of kids are playing hooky and stay­ healthy competitiveness between young crack use spread to teen-agers, including ing out in the crack houses." Mr. Lilly said, people, a necessary ingredient for the youths who had little or no previous in­ referring to apartments where crack is sold growth of our nation. volvement with drugs, has alarmed experts. and smoked. Girls are turning to prostitu­ And there are still more opportunities for "It's growing much more rapidly than we tion and boys are resorting to robberies and us youth in other varied professions. In the had thought," said William Hopkins, the di­ burglaries to get the money to buy crack, he world of science, there is no end to the swirl rector of the street-research unit of the said of questions surrounding our world. A State Divison of Substance Abuse Services. In Community District 16 in Bedford young mind is always welcome. In the world "We are seeing kids who are college­ Stuyvesant, crack is being sold openly from of physiology, the studies made on the brain bound, with 85 averages or better," said Dr. dozens of storefronts and apartments, many everyday increase the questions, therefore Arnold M. Washton, the director of addic­ less than a block from elementary and the horizons. In the world of computers the tion research and treatment at Regent Hos­ junior high schools, according to Walter introduction of technology has made this pital on East 61st Street in Manhattan and Johnson. the treasurer of the district school field perhaps one of the greatest potentials Stony Lodge Hospital in Ossining, N.Y. board. for youth. Crack is purified cocaine in pellet form He said sellers of the drug stand on street Another of the many admirable attributes that sells in vials for as little as $5. Users comers and offer business cards advertising of the United States is the heavy emphasis smoke it, creating a powerful stimulating $5 and $10 vials. The cards read "Jumbo placed on human individuality. Only in effect on the nervous system. Unlike regular Crack, nickels and dimes." America can we be what we want to be, say cocaine, crack takes effect in seconds and in­ what we feel and do as we say-no restric­ duces a greater high, experts say. Compared tions, no limitations. As built into the Amer­ with users of regular cocaine, Dr. Washton NEW HORIZONS FOR AMERICA'S ican tradition. the horizons offered in the said, crack users experience a stronger YOUTH United States are available to all of us re­ yearning for the drug and become addicted gardless of race, creed, or color. There are more quickly. HON.JOHNJ.DUNCAN young people in such professions as law. A 15-year-old boy, now in treatment at the OP' TZNlOSSD: medicine, sports, and even politics. Stony Lodge Hospital, recalled how he first But \here are still many horizons that are tried crack last November and found it far IN THJ: HOUSE OF REPRESENTATIVES yet untouched. That most mysterious fron­ more addicting than powdered cocaine. Friday, March 21, 1986 tier ever-space-has still to be fully ex­ "My friends said, 'What do you want to do plored Perhaps, it is time for xny generation on your birthday?' I said, 'Lets do crack,' " Mr. DUNCAN. Mr. Speaker, I wish to high­ to begin our own explorations. I have a sug­ said the youth, a resident of a middle-class light the winner of the Voice of Democracy gestion. neighborhood in the Bronx. "You get a scriptwriting contest from the Second District To increase the ever-expanc:Una numbers head rush and your ears pop and you get a of Tennessee, Deborah Marie Shahid. The of opportunities available only in America, I real up. But when you run out of crack. you contest was conducted by the Veterans of hope the United States will add one more to March 21, 1986 EXTENSIONS OF REMARKS 5985 its list. That is, allow the next civillan in Mr. Speaker, Douglas DeYoung is an indi­ follow in due course, as the cornerstone of space to be an American youth! In this way, vidual who cares enough about our world to economic well-being is the integrity of could the United States show how far the take the time and effort to make a difference promises men live by. American youth are able to go, how much for all of us. I salute him for his commitment But the Deputy Treasurer, Dong, was an they can achieve. The sky is no llmlt. I know ambitious man and he saw that Ding had I'd gladly volunteer myself! It would be a and dedication. painted himself into a comer. Dong threw small step for me, but a giant slgnificant himself at the feet of the Emperor, pleading step for the young people of America. It thus: "Sire! Let me issue further promises to seems like a m1lllon years since I first THE THIRD PILLAR OF SOUND pay silver coins against the cutlery, cande­ boarded the plane that took me overseas. MONEY larba. and other silveware of the Celestial But I can say of my beloved nation, what Court! The Emperor prompty fired Ding, Robert Emmet once said of his Irlsh Home­ HON. WIWAM E. DANNEMEYER and rewarded Dong for his resourcefulness land. "My country is my idol". OF CALIFORNIA by making him Treasurer. I have come to realize that everything I Dong could not enjoy his newly found do or have stems from my American roots­ IN THE HOUSE OF REPRESENTATIVES glory and power long. Other ambitious men my ideas, my rights, my golden opportuni­ Friday, March 21, 1986 in the Court took careful note of what hap­ ties, my choice of horizons. Everything I pened at the Treasury. They got the ear of live for comes only from America. I will give Mr. DANNEMEYER. Mr. Speaker, the Amer­ the Emperor in suggesting that even more something back. ican Economic Foundation was established in paper money could be issued against silver 1939 for the purpose of explaining economic that had not yet been brought out of the theory to the general public in simplified, un­ imperlal mines, as well as against the silver HONORING DOUG DEYOUNG derstandable language. Soon after, it brought in the Moon. Since the Moon was consid­ out a booklet entitled "How We Uve-The ered a province of the Celestial Empire, and Ten Pillars of Economic Wisdom," which it was thought to consist of silver 95% pure, HON. TOM LANTOS a belief confirmed by a recent scientific OF CALIFORNIA became a bestseller, as it was sold and dis­ tributed at home and abroad in millions of study released by the Heavenly Research IN THE HOUSE OF REPRESENTATIVES Council, there was a plausible case for ex­ copies. It is still in print. panding the issue of paper money. The Em­ Friday, March 21, 1986 The present chairman of the foundation, Mr. peror fired Dong, and thereafter a change Mr. LANTOS. Mr. Speaker, the beautiful Homer W. Giles, commissioned Prof. Antal E. of the guard at the Treasury became a fre­ San Francisco Peninsula is a magnet that has Fekete of the Memorial University of New­ quent ritual, each time a more unscrupulous drawn interesting and talented people from foundland to write a new series with the title adventurer succeeding a less unscrupulous around our Nation and around the world. Ten "The Ten Pillars of Sound Money and Credit." one. The promises of the Treasury to pay silver coins on demand have lost all their re­ years ago, one of those talented individuals The first four parts of this series have already been inserted in the CONGRESSIONAL RECORD malnlng value. who came to San Mateo County and who has In the aftermath of the depreciation of contributed to the caliber and diversity of our (Vol. 131, No. 156, p. E 5158; No. 159, p. E paper money, a Great Cultural Revolution area is Douglas DeYoung. 5254; No. 160, p. E 5283; Vol. 132, No. 35, p. engulfed the Celestial Empire. People took A native of Manhattan, KS, Doug has E 889.) to the streets, purged the Heavenly Re­ always been on the cutting edge of life. He The next part of this series follows. search Council, and hanged all the past began is professional career with the Owens­ THE Tlmm Pl:I.I.AR OF Sotnm MONEY AND Treasurers on makeshift gallows erected CREDIT: THE PRINciPd: OF REDRKABILITY along the Square Heavenly Peace, stuffing Illinois and was a pioneer in their computer their mouths with the paper promises that program. Politics and public service, however, down," said Firestone. "He's been allowed to enough to cause widespread distrust, cyni­ It was the oppression, the particular nasti­ get mail in jail. supersedes section 105 of the to claim that they desire a negotiated settle­ farmer and the father of a 1-year-old son, was Intelligence Authorization Act for Fiscal ment with the Sandinista government. kidnaped by the Contras. His body was found Year 1986 shall rejected a policy of military escalation. I was help redress the devastating effect of the be used to assist in the safe and orderly re­ proud to be a part of that majority, and my hat Contra presence. location and resettlement of Nicaraguans goes off to the Democratic leadership. And the Honduran military is becoming in­ who are currently in Honduras or Costa But yesterday's vote will be a hollow victory creasingly concerned, too. Armed forces Rica . Al­ "aware of the problem, and a little fearful of though resettlement should be expedited, The danger is that in the aftermath of yes­ it." He says that in the long term, the Contras those functs may also be used to provide terday's vote, we will spend the next several cannct "stay here armed. They would have to food, medicine, and similar humanitarian weeks arguing about what is the best blueprint accept being disarmed, or they would be assistance for those Nicaraguans until they for war. We should be debating a blueprint for acting against our security." are resettled. peace. For these reasons, I cannot agree with (b) LuuTATIONS.-Assistance pursuant to I believe that the vast majority of my col­ those who would simply cut and run. To aban­ subsection may be provided only leagues, on both sides of the aisle, would sup­ don the Contras at this point is to abandon through the International Committee of port a solution that protects our legitimate se­ the Red Cross or the United Nations High our friends in Honduras and Costa Rica. Commissioner for Refugees, and only upon curity interests, while pursuing a negotiated Therefore, the second section of my bill calls its determination that such assistance is peace in Central America. There is a consen­ upon the United States to take the responsi­ necessary for the relocation and resettle­ sus among our Latin American allies that bility to disband, disarm, and disperse the ment of those Nicaraguans or to meet their ending the Contra war is the essential first Contra forces. humanitarian needs. To the maximum step toward such a solution. Most of the Contras would not be where extent feasible, assistance to meet humani­ Therefore I am introducing a bill today they are today were it not for U.S. policies. tarian needs should be provided to those or­ which would set the stage for successful Con­ Our tax dollars and our CIA were essential in ganizations in kind rather than in cash. As­ tadora negotiations by legislating an end to building the Contra army. We have been sistance may not be provided under this sec­ tion with the intent of provisioning combat U.S. support for the Contra war. stringing them along, telling them that some forces. On March 31 funding for the Contras day they would triumph. They have suffered TRANsFER OP' FuNDs.-In order to carry through the so-called "Nicaraguan Humanitari­ enough from our Government's deceit, and out this section, the President may transfer an Assistance Office" will run dry. Under my now we must take a responsible stand. If up to $10,000,000 of the funds appropriated bill, this office would not be reauthorized, and we've created a Frankenstein, I think we're by the Department of Defense Appropria­ most certainly, no Pentagon or CIA support obligated to protect our friends from its de­ tions Act, 1986 may be obligated March 21, 1986 EXTENSIONS OF REMARKS 5991 and expended notwithstanding section 10 of MODERNIZE PERMITTING OF it any easier or more difficult to get a permit Public Law 91-672 or section 15 of the State SKI AREAS IN NATIONAL FOR­ for a new ski area or to expand an existing ski Department Basic Authorities Act of 1956 ESTS (prohibiting the use of funds in excess of area. Neither does this bill in any way affect the amounts authorized to be appropriated the environmental laws that must be satisfied for foreign assistance or for the Department HON. TIMOTHY E. WIRTH before the Forest Service can issue a permit of State, respectively>. OF COLORADO for a ski area. And my bill certainly does not IN THE HOUSE OF REPRESENTATIVES short cut the consultation that must take place Friday, March 21, 1986 between the ski area operator and the re­ JOSE H. CARREON DEDICATED sponsible officials from State and Federal HISPANIC LEADER Mr. WIRTH. Mr. Speaker, today I am intro­ agencies. ducing legislation to modernize and consoli­ My bill does recognize that skiing is one of date the process for issuance of permits to ski the most popular uses of our national forests. HON.EDWARDF.~GffiL~ areas that operate within our national forests. By modarnizing and consolidating the permit­ My bill, titled the "National Forest Ski Area OF OHIO ting process, this legislation would make it Permit Act of 1986," has broad and bipartisan IN THE HOUSE OF REPRESENTATIVES easier for ski area operators to obtain the support. I urge all of our colleagues to join as long-term financing they need to provide an Friday, March 21, 1986 sponsors and to support swift action on this enjoyable and safe experience for the millions vital legislation. Mr. FEIGHAN. Mr. Speaker, on March 12, of Americans, from my home State of Colora­ A few statistics illustrate how many Ameri­ do and from every other State, who choose to 1986, the Greater Cleveland area lost one of cans take to the slopes every winter, and the its most respected and appreciated Hispanic ski amidst our Nation's spectacular mountain need to insure that ski areas are not hindered lands. I encourage our colleagues to join me leaders, Jose H. Carreon. Mr. Carreon's un­ by redtape in making the capital investments timely death of a heart attack, leaves the city in supporting this legislation. that are needed to keep this a safe and ex­ The text of the bill follows: of Cleveland and the Hispanic community with hilarating pastime. At last count, there were a profound loss that cannot be calculated. 526 ski areas in 40 States across the country. H.R. 4489 Jose H. Carreon was born in Edcouch, TX, More than 21 million Americans, from literally A bill to provide for ski areas on national near the Mexican border. He moved to Cleve­ every State, are downhill skiers, and another 6 forest lands, and for other purposes land in the late fifties to accept a job with the million or more enjoy cross-country, or Nordic, Be it enacted by the Senate and House of Pennsylvania Railroad. Upon his arrival, Mr. skiing. And just last year, the country's down­ Representatives of the United States of Carreon immediately became involved with hill ski areas recorded more than 51 million America in Congress assembled, the Hispanic community, bring his patience skier visits. Clearly, skiing is one of the Na­ SECTION 1. SHORT TITLE. and understanding to a variety of projects. It is tion's growing participation sports-a sport This Act may be cited as the "National said that "Joe" Carreon was liked by every­ that fosters an appreciation of the outdoors Forest Ski Area Permit Act of 1986". one, and it is hard to doubt it. One could only and enriches the human spirit. SEC. 2. FINDINGS AND PURPOSES. watch in appreciation and gratitude for the Many commercial ski areas, which provide FnmiNas.-The Congress finds and de­ energy and enthusiasm that Joe brought to opportunities for both downhill and cross clares that: the various causes for social justice, ethnic country skiing as well as many other recre­ <1 > Commercial alpine and nordic skiing ational opportunities for entire families, are lo­ operations are among the fastest growing pride and political progress for which he cared and most popular multiple uses of national so deeply. cated on national forest land. In fact, 114 re­ forest lands. Along with his wife Zulema (Sue), his great­ sorts in 17 States rely upon national forest (2) Alpine and nordic skiing are healthful est love was their work for the Azteca Club, lands. The operators of these areas must activities which promote physical well­ the oldest Mexican club in Ohio. The club, a secure special use permits from the Forest being, contribute to the enrichment of the social and civic organization, became their Service. That requirement is both appropriate human spirit, and foster an appreciation of voluntary, part-time devotion. And for their and reasonable, and my bill would not change the outdoor environment and the aesthetic service, Mr. and Mrs. Carreon were honored that requirement. The legislation I am intro­ and other outdoor recreation values which ducing today, however, would modernize and constitute prime uses of national forest with a Certificate of Achievement in 1984, lands. from the mayor of Cleveland, George Voino­ consolidate the process for issuing permits. (3) Commercial alpine and nordic ski oper­ vich. Currently, under two laws that literally date ations occupy less than five one-hundredths Mr. Carreon served on Governor Celeste's from the turn of the century, ski area opera­ of one percent of all national forest lands, task force coalition of Hispanic leaders and tors can get one 30-year permit for up to 80 but account for almost six percent of cur­ was an organizer director for the Midwest acres, but almost all areas are larger than rent overall national forest visitor use days. that. As a result, the ski area operators have <4> Commercial nordic, and particularly voter registration project of Ohio. More recent­ to get a second, year-to-year permit for the alpine, ski operations are distinguishable ly, he assisted in fundraising efforts for Mexi­ part of the operation not covered by the 30- from most other multiple use activities on can and Puerto Rican families suffering after year permit. national forest lands in that they generally the tremendous devastation of floods and entail a far greater degree of construction of This simply doesn't make good sense. large-scale and permanent or semi-perma­ earthquakes. Whenever there was a need, While we must be wise stewards of the public Joe Carreon was lending assistance. His nent facilities (including ski lifts, trails, lands, we ought not create unnecessary ob­ access roads, warming shelters and restau­ caring and concern for others will not soon be stacles to management of ski areas, especial­ rants), and require long-term private invest­ forgotten. For these reasons-his spirit of ly in an era when Americans increasingly are ments and other long-term operating com­ giving, kindness and quiet uncomplaining tem­ searching for opportunities to enjoy the splen­ mitments. perment-Joe Carreon will be sorely missed dor of our natural heritage. My bill would au­ (5) Existing and proposed changes in con­ by everyone who had the great privilege of thorize the Forest Service to issue one con­ gressional budget procedures and tax laws may reduce Forest Service personnel avail­ knowing him. solidated permit for the entire area that is nec­ Mr. Speaker, I know that my colleagues will able for ski area permitting and planning essary to operate a ski resort within our na­ activities and may limit traditional methods join me in extending our sincere condolences tional forests. It would also reflect the current of ski area financing and investment absent and prayers to Mr. Carreon's family, his wife financial realities of raising the capital needed remedial legislation. and children, his father and his brothers and to maintain these recreational areas by ex­ <6> Current laws governing and permitting sister. Their loss at this time can not be calcu­ tending the combined term of the permits to and operation of commercial nordic and lated. Yet they can be satisfied in knowing 55 years. alpine ski activities on national forest land, that through his life of service and concern for Mr. Speaker, we have the responsibility to while they have in most cases sufficed to adequately permit ski area and facility de­ others, Jose H. Carreon exemplified what is manage these lands in a way that protects the velopment in the past, are in need of con­ finest in the American character and left a fish and wildlife resources and the clean air solidation and modernization. lasting model of character for others to emu­ and water that attracts us all to these sanctu­ PuRPosES.-The purposes of this Act late and strive to achieve. aries in the first place. My bill does not make are to- 5992 EXTENSIONS OF REMARKS March 21, 1986 <1> consolidate exJsting laws pertalnlng to for 75 years of dedicated service to the Bronx joyous and successful years of delivering qual­ aid areas on national forest lands and pro­ community which I represent. ity education to our students of all ages. vide a unified and modem nordic and alpine Mount St. Vincent, the first Catholic aid area and facillty permitting process; <2> provide for ski area permits which women's college in New York City, has con­ more closely refiect the acreage and other ferred approximately 8,500 baccalaurate de­ PROMISES, PROMISES physical requirements of modem ski area grees since its founding in 1911. A 4-year co­ and facillty development; and educational, liberal arts college, Mount St. Vin­ <3> provide a permit which w1ll be more cent is a private, independent institution with a HON. AL SWIFI' commensurate with the long-term construc­ total enrollment of approximately 1,000 stu­ OP WASHINGTON tion. financing, and operation needs of ski dents representing various religious, racial, IN THE HOUSE 01' RJ:PRESDTATIVJ:S areas on national forest lands. and ethnic backgrounds. Nestled on 70 SEC. 3. SKI AREA PERMITS. wooded acres overlooking the Hudson River, Friday, March 21, 1986 (a) LAW APPLICABLE TO PERKrrs.-The pro­ visions of the Acts of June 4, 1897 <30 Stat. the college offers an integrated liberal arts Mr. SWIFT. Mr. Speaker, 3 weeks ago the 34> and March 4, 1915 <16 U.S.C. 497) not­ program based on traditional values. While Energy Conservation and Power SUbcommit­ withstanding, the issuance of permits for Mount St. Vincent has retained its firm com­ tee received a bit of seemingly good news the operation of commercial nordic and mitment to the liberal arts as the basis for an from Secretary of Energy John Herrington. alpine ski areas and facillties on National education providing breadth and depth, it has When I asked the Secretary about the fair­ Forest System lands shall henceforth be developed selected career-oriented majors, ness of the administration's plans to unilater­ governed by this Act and other applicable such as business, communications, nursing, law. ally increase electric power rates for consum­ AUTHORITY.-The Secretary of Agricul­ computer science, and special education. ers of federally marketed power, he respond­ ture for the use and occupancy of suit­ sizing the integration of classroom knowledge tratively. That is why we are putting in leg­ able lands within the National Forest with practical experience, Mount St. Vincent islation on repayment, and we w1ll act 1n System for commercial nordic and alpine concert with Congress on this issue. skllng operations and purposes. A ski area offers a program of nearly 250 established in­ permit shall- ternships, available in such areas as account­ This commitment by the Secretary of <1> ordinarily be issued for a term of 55 ing, advertising, biological science, computers, Energy seemed to be good news until the years ; <2> shall encompass such acreage as the Mount St. Vincent serves about 760 men derstanding is that Mr. Wright went out of his Secretary determines sufficient and appro­ and women full time; this provides for the ex­ way to imply that the Secretary's commitment priate to accommodate the permittee's cellent student-faculty ratio of 12:1. Students was not administration policy. He said, I am needs for ski operations and ancillary facW­ have a variety of opportunities that are not told that if Congress doesn't approve of the ties; possible in larger institutions, opportunities for administration's rate increase proposal, the <3> may be renewed at the discretion of involvement in student government, service administration might just increase the rates the Secretary; and organizations, and clubs, including a better anyway. <4> may be cancelled by the Secretary in chance to influence others and make a differ­ whole or in part for any violation of the What happened in a week's time that ac­ permit terms or conditions or for nonpay­ ence. counts for Mr. Wright's apparent repudiation ment of permit fees. Mount St. Vincent has planned a variety of of the Secretary of Energy's commitment? I The acreage under permit may be increased activities to commemorate this historic occa­ have been impressed with Secretary Herring­ or decreased from time to time by the Secre­ sion, beginning with a birthday celebration last ton's personal integrity, so I know that he was tary to accommodate changes in plans or September, including a 400-pound, six-tier trying his best to be frank and honest with the operations as the Secretary deems appropri­ birthday cake. During this ceremony the fresh­ subcommittee on which I sit. On the other ate in consultation with the permittee. man, sophomore, junior, and senior classes, hand, if we have learned one thing about (C) RUI.ES AND RZGULATIONS.-Within one along with the faculty and various depart­ year of the date of enactment of this Act, OMB in recent years, it is their total disregard the Secretary shall promulgate rules and ments donated a number of gifts to the col­ for anything other than achieving their ideolog­ regulations to implement the provisions of lege. During November, Mount St. Vincent ical goals. this Act, and shall, within 2 years of the held a Thanksgiving mass at St. Patrick's Ca­ I can see two possible explanations, both of thedral, where Sr. Doris Smith, S.C., the presi­ date of enactment of this Act, convert all which are disturbing: Either Mr. Wright was im­ existing ski area permits or leases on Na­ dent of the college, summed up the feeling of plying a false threat in order to put pressure tional Forest System lands into ski area per­ all those present: "* • • We celebrate, with on Congress to support the administration mits which conform to the permit term and utmost joy, the passage of time and the fulfill­ proposal, or the Deputy Director of OMB has other provisions of this Act. ment of dreams * * * we exult in our tradition been given veto power over the Secretary of and rejoice in our vision of the Mure * * * Energy's decisions on energy policy. THE COLLEGE OF MOUNT ST. we give thanks to and for all who have ever VINCENT-75 YEARS OF EXCEL­ been a part of the College of Mount St. Vin­ Actually, there is one more possible expla­ LENCE cent * * •." Other celebrations include a four­ nation, and it is the one that I hope represents part lecture series with programs entitled "The the real reason for Mr. Wright's contradiction HON. MARIO BIAGGI Teacher," "The Volunteer," "The Healer," of Secretary Herrington's commitment. Per­ and "The Business Professional." Photo­ haps the administration simply got its signals OJ' lOW YORK crossed, and Mr. Wright was unaware that IN TBJ: HOUSE 01' lli:PRESDTATIVJ:S graphs and other memorabilia, illustrating the college's presence in Riverdale, has been on Secretary Herrington has given his assurances Fr1.d.a'l/, March 21, 1986 exhibit. to act in concert with congressional will on Mr. BIAGGI. Mr. Speaker, I have the privi­ Mount St. Vincent's presence and contribu­ this matter. lege and honor of attending the gala 75th an­ tions are strongly felt and appreciated by the Any other explanation would bring Into niversary dinner for the College of Mount St. Riverdale and the entire Bronx/Yonkers com­ question the administration's good faith and Vincent at the Waldorf Astoria Hotel on April munities. Therefore, I call upon my colleagues credibility on this issue of such fundamental 19. I would like to take this opportunity to con­ in the House of Representatives to pay tribute Importance to the economies of the Pacific gratulate the College of Mount St Vincent on to the College of Mount St. Vincent on their Northwest and other areas served by Federal theM' 75th anniversary, and to commend them 75th anniversary. We wish you many more power marketing administrations. March 21, 1986 EXTENSIONS OF REMARKS 5993 RETIREMENT HOUSING community. With customary energy and skill, na markets within the last year. But, as a FOUNDATION he lobbied for the successful passage in 1965 result of this large import, that market is now of California's Williamsom Act, which is a lost and chance of recovery are dismal. HON. EDWARD R. ROYBAL major program to prevent the loss of agricul­ North Dakota has a 100-million bushel or CALD'ORNIA ture land to urban development In addition, larger carryover supply than it had last year at IN THE HOUSE 01' REPRESENTATIVES Hank has supplied artichokes for the Califor­ this time. The State has the available stock to nia delegation's annual picnic here in Wash­ Friday, March 21, 1986 fill California's requirements. While Continental ington, DC. Thanks to his generosity, San Grain could profit as much as $600,000 on Mr. ROYBAL Mr. Speaker, I recently had Mateo artichokes have a fine reputation in our this venture, the State of North Dakota stands Nation's the privilege of attending the 25th anniversary Capital. to lose up to $5 million in revenue. Hank has shown great ability to master celebration of the Retirement Housing Foun­ I want the Secretary of Agriculture to take dation-a California-based organization dedi­ whatever problems face him. While serving in action to stop this sort of thing. cated to meeting the housing needs of senior the U.S. Air Force during World War II, his B- citizens. 24 was shot down while on a bombing raid I was very impressed by the work of this re­ over Munich. As navigator, Hank guided the SALUTE TO THE 21ST CENTURY markable organization and believe their suc­ plane to a safe crash landing on an Italian INSTITUTE FOR POLITICAL cess can serve as a model for other organiza­ beach. Hank, the son of Swiss-Italian immi­ ACTION tions thoughout the Nation. grants, used his Italian to help the crew evade Over the past 25 years, the foundation has a German search party, that was so close that provided dignity and comfort to the elderly. Hank could smell the German cigarettes. HON. WIWAM H. GRAY, m dedication, aggressive work and tireless Hank Sciaroni is truly an outstanding and Wrth or PENNSYLVANIA energy, the founders of the Retirement Hous­ dedicated American. I am delighted to join in a ing Foundation have grown since 1961 from tribute to this man, who has not only enriched IN THE HOUSE OF REPRESENTATIVES an organization with a mere $7,000 in property so many individuals, but also contributed so Friday, March 21, 1986 holdings to a major provider of elderly hous­ much to San Mateo County. Mr. GRAY of Pennsylvania. Mr. Speaker, I ing, health care, nutrition and support services rise today to salute a select group of young with more than 50 facilities located in 13 CONTINENTAL GRAIN COMPANY States. But the most impressive thing about black Americans, professionals from the legal, SHORTCHANGES AMERICAN business, medical, and academic communi­ the foundation is not its size--or even the FARMERS range of quality services it provides. The Re­ ties. This group, the 21st Century Institute for tirement Housing Foundation is worthy of such Political Action, was organized in July 1983, to special notice because as they have housed HON. BYRON L DORGAN help the black community develop an inde­ and served the elderly, they have nurtured or NORTH DAKOTA pendent intellectual and financial resource dignity and independence. They have re­ IN THE HOUSE OP REPRESENTATIVES base, from which to support accountable mained true to and deepened their commit­ Friday, March 21, 1986 black candidates for State, local, and Federal ment to enrich the lives of senior citizens. office. While we are all concerned with meeting Mr. DORGAN of North Dakota. Mr. Speaker, Most important, this group of men and the growing need of caring for an aging popu­ Continental Grain Co. plans to import about women are the direct beneficiaries of the 1.4 million bushels of New Zealand feed lation, the Retirement Housing Foundation is Martin Luther King, Jr., and civil rights era, the barley into the United States on Friday, March busy building solutions. "Children of the Sixties." Unlike some of their 21, 1986. The grain is scheduled to arrive at I sincerely hope their next quarter century is counterparts, they have retained a sense of as successful as their first and that their the Port of Stockton in California. I am absolutely appalled that one of our Na­ their responsibility for the well-being of the standard for improving the quality of life for black community and its place in the future of the elderly is widely emulated. tion's grain companies would import foreign­ produced barley at a time when American this great Nation. farmers face severe economic woes and in­ The institute's vision is unique in both a HONORING HANK SCIARONI creasing grain surpluses. Furthermore, these short- and long-term sense. It's one of the few imports will only encourage other foreign na­ black groups discussing the 1990 census and HON. TOM LANTOS tions to take advantage of our domestic grain redistricting. It's one of the few young black organizations developing a concrete program, or CALirORNIA markets. over the long term, to increase black congres­ IN THE HOUSE OP REPRESENTATIVES I join Mr. CoELHO from California and other colleagues in urging the Secretary of Agricul­ sional representation in the South. Already, in Friday, March 21, 1986 ture to immediately use his existing authority addition to making financial contributions, it Mr. LANTOS. Mr. Speaker, during the last and institute temporary duties or take emer­ has developed a resourceful and long-overdue 38 years, the agricultural community of San gency action to prevent the import of this candidates training program to help candi­ Mateo County has benefited from the guid­ barley. I cannot stress enough that the United dates and their staffs. ance and help of a dedicated individual. Hank States must take affirmative action in disallow­ This group is special because it is a product Sciaroni is a tireless specialist who is recog­ ing foreign grain imports in this country and of the labors of my father's generation and my nized, not only as one of California's leading curtail the shortchanging of the American own. Its intellectual and political potential is experts, but also as an international leader in family farmer. unprecedented and desperately needed in his field. How can Continental Grain ignore the trau­ today's black America. Hank Sciaroni is the author of 462 articles mas that our Nation's farmers are facing? May Mr. Speaker, I am particularly proud when I remind them that prices farmers get for raw on such topics as California agriculture, flori­ young black men and women become in­ culture, and the agriculture industry. His products dropped 2.4 percent in February, fall­ spe­ volved in the American political process and cial efforts to encourage greenhouse farming ing to 10 percent below the level of 1 year assume some responsibility for the future of have contributed significantly to the economy ago. Net farm income dropped sharply in their communities. To do so with vision of San Mateo County and helped to make 1985, probably totaling $25 billion to $29 bil­ deep California one of the leading States in green­ lion, according to USDA estimates, and for of its place in the next century deserves com­ house farming. 1986, USDA economists project another de­ mendation. Its theme says it all: "Everyone to Hank's efforts have not been limited to cline. whom much is given, of him (and her), will narrow technical matters. He has generously As a result of domestic shipping rates being much be required. • • • "-Luke 12:48. given of his time and shared his experience reduced in the Northwest, North Dakota has with organizations and individuals throughout become quite competitive in grain sales to San Mateo County. He has been active politi­ California. In fact, North Dakota has marketed cally in issues of importance to the agricultural 1.5 to 3.6 million tons into the California-Arizo- 5994 EXTENSIONS OF REMARKS March 21, 1986 THE OMNIBUS DIPLOMATIC SE­ manity has been disregarded, and the inno­ Lawrence Martin Jenco. As you know, Father CURITY AND ANTI-TERRORISM cent have become direct targets. Jenco is one of the six Americans who is ACT OF 1986 Acts of terrorism have sadly become a being held captive in Lebanon. Even though I commonplace occurrence. The number of ter­ represent a predominantly rural district, and HON. J. ROY ROWLAND rorist acts directed at our citizens has in­ one in which I would not expect to be touched OF GEORGIA creased dramatically. None of us are safe in by terrorist acts, Father Janco's situation con­ IN THE HOUSE OF REPRESENTATIVES overseas travel, and our Embassies can easily firms that none of us are safe from the threat fall prey to terrorists. Friday, March 21, 1986 of international terrorism. I urge the adminis­ When terrorist acts occur, as in the Rome tration to rededicate itself to achieving the Mr. ROWLAND of Georgia. Mr. Speaker, I airport attack in which an 11-year-old Ameri­ swift release of Father Jenco and the other in­ rise in strong support of the Diplomatic Securi­ can girl was murdered, the Nation's attention nocent victims, and the prosecution of those ty and Anti-Terrorism Act of 1986. In our mili­ is riveted on the horror of the incident and for responsible. tary history, we, as Americans have always a period of time we are caught up in the The legislation we are considering today is believed that war, while the final and most de­ media accounts. For some, however, the an­ certainly not the ultimate solution to this frus­ structive solution to conflict, should be con­ guish does not end. I am speaking of the fam­ ducted with respect for innocent civilians. ilies of those killed, injured or held hostage. trating and complex problem. It is, however, a However, today, we have found ourselves in­ Recently, Mr. Speaker, I spoke again with a step that must be taken in the continuing volved in a war in which all respect for hu- constituent of mine who is related to Father battle against this scourge of terrorism.