January 21, 1986 EXTENSIONS OF REMARKS 193 EXTENSIONS OF REMARKS THE CONSUMER FRAUD ACT OF H.R. 3913 for a contingency fee based on a per­ 1985 A bill to regulate commerce and to prohibit centage of the monetary relief awarded in unfair or deceptive acts or practices in the action involved; or commerce, and for other purposes on any other contingency fee basis, A. GILMAN unless, in the case of actions brought under HON. BENJAMIN Be it enacted by the Senate and House of OF NEW YORK section 4. the amount of the award of Representatives of the United States of a reasonable attorney fee to a prevailing IN THE HOUSE OF REPRESENTATIVES America in Congress assembled, plaintiff is determined by the court under section 4Cd)Cl). Tuesday, January 21, 1986 SHORT TITLE SECTION 1. This Act may be cited as the <10) The term "statement" means any rep­ Mr. GILMAN. Mr. Speaker, I recently intro­ "Consumer Fraud Act of 1985". resentation in any form of advertising, any oral or visual presentation, or any other rep­ duced legislation to protect the consumer DEFINITIONS from unfair or deceptive commercial practices. resentation, presentation, or conduct which SEC. 2. For purposes of this Act: is communicated to consumers. H.R. 3913, the Consumer Fraud Act of 1985, <1) The term "commerce" means trade, <11> The term "supplier" means any has the following four main provisions de­ traffic, commerce, or transportation- person who is in the business of making signed to identify consumer fraud and punish between a place in a State and any goods or services available to consumers. those responsible: place outside such State; <12) The term "unfair consumer practice" First, it would define consumer fraud. which affects trade, traffic, commerce, means any of the following: Second, consumer fraud would constitute or transportation described in subparagraph offering or advertising goods or serv­ : and ices for sale to a consumer and not selling grounds for cancellation of a contract be­ within the District of Columbia or such goods or services as so offered or adver­ tween an individual consumer or a small busi­ within any territory or possession of the tised, or without ability to supply reason­ nessman and a seller. If a consumer suffered United States. ably expectable public demands, unless the a loss as the result of fraud, treble damages <2> The term "consumer" means any indi­ offer or advertisement clearly and conspicu­ could be recovered from the responsible vidual who is offered or supplied any goods ously discloses the limitation; party. or services for personal, family, or house­ CB) making false or misleading statements hold purposes, and any small business con­ with respect to goods or services which are Third, State attorneys general could sue, as cern which is offered or supplied any goods offered for sale or sold to a consumer with parent patriae for the citizens of their State, to or services for use in connection with the respect to- enjoin the continuation of any consumer fraud business of such concern. m the need for such goods or services; and to recover damages, which may be dis­ <3> The term "goods" means personal and (ii) the need for repair or replacement of tributed to damaged parties under direction of real property, but such term does not in­ such goods or services; the court. The Attorney General of the United clude securities or interests in securities. (iii) rights, privileges, or remedies, in con­ <4> The term "organization" means an nection with the purchase of such goods or States could also bring such suits. entity, other than a government, estab­ services; Fourth, consumer fraud would be a Federal lished or organized for any purpose, and in­ the grade, age, quality, style, standard, ecute in State or Federal court. foundation, institution, trust, estate, socie­ or model of such goods or services; or Mr. Speaker, I ask my colleagues to please ty, union, club, church, and any other asso­ accepting consideration for goods or of consumer fraud being perpetrated upon the service, banking, accommodations in hotels, services and failing to deliver such goods or American public. The bill will assist consumers restaurants, or other places, admission to perform such services as promised or failing in protecting themselves against unfair or de­ exhibitions, performances, or other places, to return or refund deposits or advance pay­ ceptive trade practices, allowing a defrauded and the use of property owned by another ments for goods or services which are not consumer to void a contract, and to sue for person. rendered in absence of any default or <7> The term "small business concern" breach of obligation on the part of the con­ treble damages with legal fees. Should the shall have the meaning given it in section 3 sumer making such deposits or advance pay­ seller or his agent use either communication of the Small Business Act <15 U.S.C. 632). ments; or transportation, including the mails, for distri­ (8) The term "State" means each of the using physical force, threat of physical bution or collection of the product, they may several States, the District of Columbia, the force, tortious threats or harassment, or then be subject to either a $10,000 fine for an Commonwealth of Puerto Rico, Guam, the misrepresentation of law in the course of a . individual, a $500,000 fine for an organization, Virgin Islands, American Samoa, the Trust sale or attempted sale to a consumer of Territory of the Pacific Islands, the North­ goods or services or in the course of collec­ or a 3-year prison term, or both, These strin­ ern Mariana Islands, and any other terri­ tion of the purchase price or any portion of gent penalties should serve to stop those who tory or possession of the United States. the purchase price of goods and services willfully attempt to defraud customers. (9) The term "State attorney general" from a consumer: Mr. Speaker, I insert the text of H.R. 3913 means the chief legal officer of a State, or making a statement that goods are in the A ECORD and I invite my colleagues to any other person authorized by State law to original or new if such goods are deteriorat­ study it carefully and to follow with their strong bring actions under section 4 or section 5. ed, altered, reconditioned, reclaimed, or oth­ Such term includes the Corporation Coun­ erwise used; or support: sel of the District of Columbia. Such term

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. 194 EXTENSIONS OF REMARKS January 21, 1986 connection with the sale of any goods or end of the period specified in the notice nization', 'sale', 'services', and 'unfair con­ services. given under paragraph Cl). sumer practice' have the meanings given SANCTIONS RELATING TO UNFAIR CONSUMER <3) The final judgment in any action them in section 2 of the Consumer Fraud PRACTICES brought under subsection shall be res Act of 1985. SEc. 3. (a) Any contract or agreement in judicata as to any claim based upon an "(b)(l) Each State attorney general shall commerce which provides for the purchase unfair consumer practice under this Act by have authority to bring an action,· in the any person on behalf of whom such action name of the United States, in an appropri­ of goods or services and which results from was brought and who fails to give the notice a transaction involving an unfair consumer ate district court of the United States or in specified in paragraph <2> before the end of any State court of competent jurisdiction to practice by a supplier may be voided by the the period specified in the notice given affected consumer. enforce the provisions of this section. under paragraph <1 ). "(2) In any case in which a State attorney Cb) Any person who induces a consumer to Any action brought under subsection general brings an action under paragraph enter into a contract or agreement pursuant < 1) may not be dismissed or compromised <1 ), the State attorney general shall give to or in furtherance of an unfair consumer without the approval of the court. Notice of practice shall be liable to such consumer in notice of the commencement of such action any proposed dismissal or compromise shall to the United States by- an amount equal to 300 percent of the be given in such manner as the court di­ damage or loss sustained, together with an "CA> submitting a copy of the complaint rects. involved to the Attorney General of the amount equal to the cost of any legal action Cd) In any action brought under subsec­ United States < 1>- fee). Such amount may be recovered in a fied mail) and to the United States attorney <1) the amount of any attorney fee to the for the district in which such action is com­ civil action in an appropriate district court prevailing plaintiff shall be determined by of the United States or in any State court of menced; and the court; and "CB) submitting a written disclosure of competent jurisdiction. (2) the court may, in its discretion, award any evidence or information in his posses­ The district courts of the United a reasonable attorney fee to a dependent sion which is material to the effective pros­ States may have jurisdiction of any action upon a finding that the State attorney gen­ ecution of such action, to such United brought under this section without regard eral has acted in bad faith, vexatiously, States attorney or by registered mail or cer­ to the citizenship of the parties or the wantonly, or for oppressive reasons. tified mail to the Attorney General. amount in controversy. An action under this Any monetary relief recovered in any "(3)(A) The Attorney General may enter section may be brought not later than three action brought under subsection (a)(l) an appearance in any action brought under years after the date on which the unfair shall- paragraph <1) during the 45-day period fol­ consumer. practice was discovered or reason­ <1) be distributed in such manner as the lowing the receipt of notice under para­ ably should have been discovered. district court in its discretion may author­ graph <2>. The State attorney general in­ ACTIONS BY STATE ATTORNEYS GENERAL ize; or volved may prosecute such action if the At­ SEC. 4. < 1) Any State attorney general (2) be deemed a civil penalty by the court torney General fails to enter such an ap­ may bring a civil action in the name of the and deposited with the State as general rev­ pearance before the end of such period, or State, as parents patriae on behalf of con­ enues; notifies the court in writing during such sumers residing in the State, in any district subject to the requirement that any distri­ period that the Attorney General will not court of the United States having jurisdic­ bution procedure adopted by the court shall enter such an appearance. tion over the defendant or in any State afford each person involved a reasonable op­ "CB) If the Attorney General enters an ap­ court of competent jurisdiction, to secure portunity to secure his appropriate portion pearance in an action in accordance with monetary relief as provided for in this sec­ of the net monetary relief. subparagraph , then the action shall be tion for any damage or loss- INJUNCTIVE RELIEF prosecuted by or under the direction of the which is sustained by such consumers SEC. 5. The Attorney General of the Attorney General. The Attorney General by reason of an unfair consumer practice; United States, the appropriate United shall not be bound by any action taken by and States attorney, the Postal Service, or the the State attorney general involved, and with respect to which an action may State attorney general of any State in may proceed in such action as if such action be brought by any injured party under sec­ which a prohibited act or practice occurred had been commenced by the Attorney Gen­ tion 3. An action under this section may be State, after notifying the Attorney General "CC> If the Attorney General fails to pros­ brought not later than three years after the of the United States> may, upon a finding ecute an action with due diligence during date on which the unfair consumer practice that any person is engaged or is about to the six-month period following the entry of was discovered or reasonably should have engage in any act or practice which consti­ an appearance by the Attorney General in been discovered. tutes an unfair consumer practice, may accordance with subparagraph . or (3) The court shall exclude from the issue subpenas, and bring an action in the during such additional period as the court amount of monetary relief awarded in any appropriate district court of the United after notice may allow, then such action action brought under paragraph <1) any States, or in any State court of competent may be prosecuted by the State attorney amount of monetary relief which- jurisdiction, to enjoin such act or practice. general involved in accordance with para­ duplicates amounts which have been Such courts shall have jurisdiction over graph Cl). awarded for the same damage or loss; or such actions and shall provide appropriate "(4) For purposes of this subsection, the is properly allocable to consumers who relief. Such courts may grant a temporary term 'State attorney general' means the have excluded their claims in accordance restraining order, or a preliminary or per­ chief legal officer of a State, or any other with subsection Cb)(2). manent injunction without bond. person authorized by State law to bring ac- (4) The court shall award to the State as AMENDMENTS TO TITLE 18, UNITED STATES CODE tions under this subsection.". · monetary relief an amount equal to 300 per­ Cb) The table of sections for chapter 63 of cent of the total damage or loss sustained, SEC. 6. Chapter 63 of title 18, United· title 18, United States Code, is amended by together with an amount equal to the cost States Code, is amended by adding at the adding at the end thereof the following new of the action . "§ 1346. Unfair consumer practices "1346. Unfair consumer practices.". Cb)(l) In any action brought under subsec­ "(a)(l) Whoever, in connection with the tion < 1 ), the State attorney general shall, sale, attempted sale, or distribution of goods at such times, in such manner, and with or services to a consumer, or in connection SPECIAL EDUCATION such content, as the court may direct, cause with the collection or attempted collection PROGRAMS notice of such action to be given by publica­ of the purchase price or any portion of the tion. If the court finds that notice by publi­ purchase price of goods or services by the cation would deny due process of law to any use of any means or instrumentality of HON. LEE H. HAMILTON person, the court may direct further notice transportation or communication in com­ OF INDIANA to any such person according to the circum­ merce including the use of the mails, will­ stances of the case. fully or negligently engages in an unfair IN THE HOUSE OF REPRESENTATIVES (2) Any person on whose behalf an action consumer practice, shall be fined not more Tuesday, January 21, 1986 is brought under subsection may elect than $100,000 if an individual, or not more to exclude from adjudication the portion of than $500,000 if an organization, or impris­ Mr. HAMIL TON. Mr. Speaker, I would like to the State claim for monetary relief attribut­ oned for not more than three years, or both. insert my Washington Report for Wednesday, able to such person by filing notice of such "(2) For purposes of this subsection, the January 1, 1986, into the CONGRESSIONAL election with the court not later than the terms 'commerce,' 'consumer', 'goods', 'orga- RECORD: January 21, 1986 EXTENSIONS OF REMARKS 195 SPECIAL EDUCATION PROGRAMS rective, and other support services that help DAUGHTER OF SAN SEBASTIAN During the mid-1960s, I was struck by the a child benefit from the special education number of parents in every part of the dis­ programs. In one state, for example, 25 per­ trict asking for better public school pro­ cent of its school transportation budget is HON. BILL FRENZEL grams for their handicapped children. Few spent on handicapped children, though they OF schools had adequate special education pro­ make up only 3 percent of its school popula­ IN THE HOUSE OF REPRESENTATIVES grams, and many had none at all. The tion. Schools facing major problems among Tuesday, January 21, 1986 handicapped were often overlooked and not their traditional students-including low provided basic training. Today the situation achievement test scores and high drop-out Mr. FRENZEL. Mr. Speaker, Laurie Brown, has changed dramatically. Handicapped rates-are faced with increasingly difficult of Coon Rapids, MN, a suburb, children have been integrated into the funding decisions about programs for the public schools, giving them a new sense of completed a 2-year Peace Corps assignment self-esteem while giving others increased handicapped. in the Philippines in 1985. levels of understanding. The catalyst was Recent Supreme Court decisions have Her experience, in the town of Matag-ob, in passage by Congress in 1975 of the Educa­ stated that there are limits to the amounts Leyte Province, was typical of the Peace tion for All Handicapped Children Act, schools must spend on the handicapped, rec­ Corps. The work was hard, the privations were Public Law 94-142. Looking back over the ognizing that an exorbitant amount on one many, the pay was poor. past ten years, I can see remarkable child at the expense of all others. However, Often she found that when she could help the Court has also held that schools can be progress. But looking ahead, I see several to make life better for the people with whom challenges remaining. required to provide supportive services that Public Law 94-142 requires states to pro­ are not a major burden on school officials. she worked, it was in ways which had little re­ vide a free and appropriate public education The task for schools has been made more lationship to her skills and education. Other to every handicapped child aged 5-17. To re­ difficult by the federal government picking assets, like adaptability, patience, courtesy, ceive federal aid, states must ensure that up only about a quarter of its proposed judgment, and love were often more important handicapped children are educated in the share. A new concern is the possible impact than training. least restrictive environment possible, with of the recently-passed Gramm-Rudman bal­ When her time was up, the people with the goal of "mainstreaming" them into reg­ anced budget amendment, which mandates whom she worked drew a resolution of thanks ular classes. Today 68 percent of all handi­ sharp cuts in overall federal spending over to Laurie Brown. It calls her an "Ambassador capped students are in regular school classes the next 5 years to achieve a balanced feder­ and get only support services: 25 percent are of Goodwill," cites her good work, and desig­ al budget by 1991. Although many programs nates her as a "true daughter of our Barangay in separate classes in the school. The law re­ years, one of grams for the handicapped will be basically cially parents, teachers, and state and local their truest Ambassadors of Goodwill in the left to state and local education officials. school officials. The federal government person of Miss Lorie Brown, who despite our The federal role has been primarily one of should ensure adequate funding levels, and shortcomings and ways of life have stead­ trying to ensure the access of the handi­ local businesses can help by improving fastly withstood the rigors of our economic capped to public education, without impos­ conditions . the American Friends Serv­ in 1984 was "a political opening," concluded vail so as to not alienate what amounts to a ice Committee, and the YWCA. The coali­ a report by WOLA and IHRLG. Serious im­ 'loyal' opposition." tion, along with the Commission on U.S.­ pediments to free choice by the voters were The institute frequently attacks the con­ Central America Relations, published what minimized in the report. There was censor­ tras, but is squeamish about Sandinista it called a "basic information" book on Cen­ ship, but the parties were permitted "to abuses. In a rundown of contra leaders, it tral America. According to the book, the communicate to the Nicaraguan people" lists Lucia Cardenal de Salazar as "widow of Sandinista.s have done little wrong, and their "vision for the future" and "to criti­ Jorge Salazar, wealthy coffee grower killed when they have, it was only because the cize freely the performance of the govern­ in a November 1980 dispute with Nicara­ United States forced them to. ment." Repeated "incidents of harassment guan police." Shirley Christian of the New Take the massive Sandinista arms build­ and intimidation" occurred-Sandinista York Times reports in her book Nicaragua up. It began in 1979, at a time when the U.S. mobs broke up opposition rallies-but they that Jorge Salazar was assassinated by San­ government was reasonably friendly, and didn't affect much. The chief opposition dinista security forces. Baldizon confirmed has gone on unabated. Nicaragua now has party, the Coordinator, which dropped out that Sandinista leaders were involved in by far the largest military force in Central charging that the election wasn't free or plotting and carrying out Salazar's death. America. Yet the "basic information" book fair, acted for "political reasons." The biggest splash made by "the commu­ attributes the Sandinista buildup to fear of Eldridge says that half the leaders of the nity" has been with its well-timed reports of a U.S. invasion. "In short, the Nicaraguans Coordinator would rather have an invasion contra abuses. The most famous of these want to raise the military, and thereby the by U.S. Marines than participate in an elec­ was written by Reed Brody, a New York political, cost of a U.S.-sponsored invasion," tion. If so, then why did the Coordinator lawyer. He charged that the contras attack it says. Nor do the Nicaraguans threaten accept the Sandinista condition that the purely civilian targets, and he cited in­ their neighbors. "Despite the difficulty in contras be asked to lay down their arms for stances of killings of unarmed women and distinguishing between offensive and defen­ the election? In fact, the Coordinator's can­ children, rapes, beatings, kidnappings, sive weapons, it is clear that the military didate, Arturo Cruz, negotiated feverishly forced recruitment of new troops, disruption strengthening that Nicaragua has under­ for a postponed election in which the oppo­ of harvests, and intimidation of people join­ gone in the la.st few years is primarily defen­ sition would take part. At the key moment, ing government programs. With a congres­ sive, not offensive." Even MIGs from the though, the Sandinista.s backed out. sional vote on aid to the contras a few weeks Soviets, the book says, wouldn't give Nicara­ The Sandinista sympathizers continue to away la.st spring, the Brody report got big gua "a credible offensive force capable of in­ insist that political pluralism is the general play in the press. But it was, at best, open to vading any country in the region." rule in Nicaragua. America's Watch pro­ question. A Reagan administration exami­ The book is vague about the political lean­ claimed in July 1985 that "while prior cen­ nation of the report found that six incidents ings of the Sandinista directorate, vague in sorship has been imposed by emergency leg­ cited by Brody had been carried out by a a way that misleads. Borge, th.e interior islation, debate on major social and political contra officer later executed for murdering minister, is described as "a poet and a writer questions is robust, outspoken, even often civilians and that four incidents occurred Cwhol has studied law at the National Uni­ strident" in Nicaragua. In fact, just as under before the contras were constituted as an versity." This is the fellow who confided to Somoza's regime, debate is allowed only so organized force. Brody blames the contras Playboy magazine in 1983: "I told Cmy long as it doesn't threaten the r:.uthorities. for killing a French doctor with mortar fire, mother] that I would not be blackmailed by The America's Watch report claims that but the contras say they had no mortars in her gentleness and her naivete and that I the group does "not take a position on the that incident and that Sandinista fire killed January 21, 1986 EXTENSIONS OF REMARKS 199 him. Moreover, the administration says 48 CONGRESSMAN GILMAN SEEKS "section 2l IN GENERAL.-Subsection of section scribed Brody in action to a House subcom­ ability can benefit. For the working poor and 46 of the Internal Revenue Code of 1954 by striking out the period at the end of supporter of the Sandinistas. Also, he centives to businesses to provide dependent paragraph <3> and inserting in lieu thereof always spoke badly about the policy of the care facilities as a business or, to provide day ",and". government of the United States and of care for their employees. My bill grants a 10- (b) DEPENDENT CARE PERCENTAGE.-Subsec­ President Ronald Reagan. percent tax credit for any investment now eli­ tion Cb) of section 46 of such Code , or the Nicaraguan government. But they man­ in supporting H.R. 3928 and insert the text at "(ii) 5 percent, in the case of dependent aged to corroborate some of the Brody care center property which as subsection "The community" does make some efforts Representatives of the United States of America in Congress assembled, and by inserting after subsection the fol­ to demonstrate evenhandedness. WOLA, El­ lowing new subsection: dridge says, has been "steadfastly encourag­ SECTION I. REFUNDABLE CREDIT FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT "(S) DEPENDENT CARE CENTER PROPERTY.­ ing dialogue in Nicaragua, as in El Salva­ CARE SERVICES NECESSARY FOR For purposes of this subpart- dor." Indeed, WOLA sponsored a visit to the GAINFUL EMPLOYMENT. "(!) TREATMENT AS SECTION 38 PROPERTY.­ United States by leaders of El Salvador's (a) SECTION MOVED TO APPROPRIATE PLACE For the period beginning after December 31, guerrilla forces. But the contra leaders in IN SUBPART C OF PART Ill OF SUBCHAPTER A 1985, dependent care center property shall Nicaragua are out of bounds. Eldridge is for OF CHAPTER 1 OF THE INTERNAL REVENUE be treated as meeting the requirements of a dialogue between Duarte and his Commu­ CODE OF 1954.- paragraph (1) of subsection and of section and military opposition to the Sandinistas (b) CONFORMING AMENDMENTS.- 21 of such "(B) more than 90 percent of the gross under little pressure in the talks to make Code ." GS-15, Physical Scientist, Defense Map­ He is listed in "Who's Who in the Mid (d) EFFECTIVE DATE.-The amendments ping Agency Headquarters, from Aug 1972 West." made by subsections . Cb), and shall to 20 June 1974. PROFESSIONAL SOCIETIES AND COMMITTEES apply to the period after December 31, 1985 GS-16, Chief Scientist, Defense Mapping Member, American Astronomical Society. <1972 to current). IN THE HOUSE OF REPRESENTATIVES PUBLICATIONS Dr. Martin's activities in the open nation­ Author: "Available Gravity Data," ACIC al and international scientific areas has Tuesday, January 21, 1986 Symposium Effects of Anomalous Gravity been curtailed with his spearhead activities Mr. CLAY. Mr. Speaker, there comes a time on Missile Trajectories, 1960. in the classified programs. His works in this in every generation when the inner qualities Co-Author: "Harmonic Analysis of the Se­ area have resulted in a series of highly clas­ and outward accomplishments of a few spe­ lenodetic Control System of the Department sified reports which one day, when released, will be recognized for their scientific and cial individuals allow them to rise above the of Defense, 1967." "A Study of the Rate of Rotation of the Earth from Occultations of technical achievements. normal aspects of everyday achievement and stars by the moon, 1627-1860," Doctoral Dis­ CIVIC AND COMMUNITY ACTIVITIES cause special attention to be focused upon sertation, 1969. "Uncertainties in the Lunar them. One of these individuals is Charles F. Ephemeris," Published in Science, 1970. April 1971, elected in a non-partisan race Martin from the First Congressional District of Papers: "A Study of the Rate of Rotation for City Council of Rock Hill, Missouri- 7 ,200 population. Missouri. of the Earth from Occultations of Stars by the Moon 1621-1850)," Commission 17 of 1970 to 1972 was member of Mayor's Com­ Charles F. Martin, was born in Carrollton, mittee on Parks and Recreation in Rock MO, on August 19, 1927. He completed his el­ the International Astronomical Union, 1964. "Determinations of the Earth's Gravita­ Hill, Missouri. ementary and secondary education in the Member of the Municipal Task Force of State of Missouri and upon graduation from tional Field from Satellite Orbits" presented Rock Hill, MO. at the International Union of Geodesy and high school was accepted at Lincoln Universi­ President of the Interested Citizens of the Geophysics, September 1967. Rock Hill, MO, Improvement Association. ty-Jefferson City, MO-from which he grad­ "Model Error Compensation in Orbit De­ uated in 1949 with a bachelor of arts degree Vice President and President for the termination" presented at the American As­ Schall School PTA. with a mathematical engineer major and later tronautical Society Seminar, December Assistant Cub Master of the Boy Scout received his masters and doctoral degrees 1969. Pack 318. from Yale University. "Impact on Navigation and Geodesy Com­ In 1971, received the alumni award for ex­ His first employment after graduation was in patibility on Geodetic Measurements." Pre­ emplary accomplishment in the field of sci­ a supervisory position for a major life insur­ sented at the International Symposium on ence. ance company for several years in the city of Geodetic Measurements and Computations. In 1972, received a fraternal achievement Ahmadu Bello University . Zaria, Ni­ award from Kappa Alpha Psi. St. Louis. But, due to his love for math and geria, 28 March-1 April 1978. science and a keen desire to use the tools 1976-77, Member, Area 5 Planning Com­ "GPS: Current and Future Applications." mittee for Montgomery County School that he had acquired at Lincoln University, he Presented at ASPI ACSM Convention, System. applied for and was accepted for a position as Denver, Colorado, 10 Jan. 1980. 1973-74, Assistant Scoutmaster, Troop a cartographic photogrammetric aid by the "Technological Developments in Surveys 480, Burtonsville, MD. Department of the Air Force. and Mapping over the next 20 years," pre­ 1975-76, Burtonsville E.S. PTA President. I include at this point the positions that he sented at the "Futures" Conference, Sur­ 1975-77, Scoutmaster, Troop 480, Burtons­ has held with the Department of the Air Force veys and Mapping; Energy, Mines and Re­ ville, MD. sources; Ottawa, Canada, 12-13 November 1977-78, Banneker JHS PTA President, and other Federal agencies and the various 1981. awards, achievements and publications he Burtonsville, MD. INTERNATIONAL SCIENTIFIC ACTIVITIES 1980-1984, President, St. Louis Club of has written, and other vital information. Washington, DC. DR. CHARLES F. MARTIN A. Represented the Yale University As­ tronomy Department: As you can tell by the above, Charles PREVIOUS POSITIONS 1. Greenwich, England, Astronomical Ob­ Martin has been a very active and busy indi­ Supervisor-Mammoth Life Ins. Co.: June servatory, July 1964. vidual who has dedicated himself to his job 1948-Jan 1951. 2. Paris, France, Astronomical Observato­ and country. Yet, in doing so he has still man­ 1st Lt, U.S. Army, Jan 1951-Sept 1953. ry, August 1964. aged to be a loving and devoted husband to GS-4/5, Cartographic Photogrammetric 3. West Berlin, Astronomical Observatory, his wit e Marge II and a caring father to his Aid, Department of Air Force, Jan 1954 to September 1964. Nov 1955. 4. Copenhagen, Denmark, Astronomical three children, and still somehow managed to GS-7 /9, Cartographer, Department of Air Observatory, September 1964. devote a portion of his leisure time to involve Force, from Nov 1955 to Jan 1958. B. International Astronomical Society, himself in community and civic activities. GS-11, Geodesist, Department of Air August 1964: Panel-Occultations of Moon Mr. Speaker, I ask that my colleagues join Force, from Jan 1958 to Mar 1960. by Stars. me in paying tribute to Charles F. Martin, who January 21, 1986 EXTENSIONS OF REMARKS 201 retired on December 31, 1985 after more than rate which is currently 10. 72 percent. This leg­ iture to offset the decrease. The result is 30 years of dedicated and devoted service to islation would affect all interest payments the anomaly of having amounts set aside for his country and in wishing him and his lovely made after January 1, 1986. interest actually reducing the principal. family many more years of success and happi­ While this bill does not transfer the $60 mil­ Each year, the revenues attributable to in­ ness. terest erode the U.S. investment in the lion to the general fund of the U.S. Treasury, it canal by that amount. He will be honored by coworkers and will restore the proper level of our principal in H.R. 664 is designed to stop this erosion friends at a retirement luncheon on the Panama Canal. by two relatively minor amendments to the Thursday, January 23, 1986, at the I have decided not to seek an immediate Act. The first requires that PCC interest Fort Myer's Officers Club. transfer of these funds because such an revenues be deposited into the miscellane­ action would have a highly adverse and nega­ ous receipts of the General Treasury, rather THE PANAMA CANAL INTEREST tive impact on the cash flow requirements of than into the PCC Fund. The second makes ACT OF 1986 the Panama Canal Commission. clear that the interest revenues deposited Mr. Speaker, because this is a somewhat into the miscellaneous receipts account do complex issue, I ask unanimous consent to not decrease the U.S. investment. Only de­ posits into the PCC Fund do so. The bill will HON. JACK FIELDS have printed in the RECORD the committee OF TEXAS not only halt further erosion of the U.S. in­ report on H.R. 664 which includes a narrative vestment in the canal, but will also ensure IN THE HOUSE OF REPRESENTATIVES history of the interest problem. that future interest revenues will be avail­ Tuesday, January 21, 1986 I would urge my colleagues to join with me able as General Treasury funds. Mr. FIELDS. Mr. Speaker, I am today intro­ in suppprting this effort to ensure that the tax­ The Committee intends that the enact­ payers of this Nation enjoy the benefits of a ment of H.R. 664 will have no effect on the ducing a bill to further resolve a problem in calculation of the so-called "contingent pay­ Public Law 96-70 dealing with the payment of full and accurate Pnnama Canal interest pay­ ment. ment" to Panama under paragraph 4 of interest on the U.S. investment in the Panama Article XIII of the 1977 Panama Canal Canal. AMENDING THE PANAMA CANAL ACT OF 1979 Treaty. That Treaty provision requires the REGARDING THE PAYMENT OF INTEREST ON PCC to pay Panama the excess, if any, of Due to an ambiguity in section 1302 of the THE U.S. INVESTMENT IN THE PANAMA CANAL Panama Canal Act of 1979, the portion of tolls canal operating revenues over operating April 22, 1985.-Committed to the Com- costs, up to a maximum of $10 million annu­ and other revenues collected by the Panama mittee of the Whole House on the State of Canal Commission that was attributable to the ally. Both the PCC and the General Ac­ the Union and ordered to be printed. counting Office testified in the 98th interest on our investment in the canal was Mr. JONES, of North Carolina, from the Congress that H.R. 5655 would not affect the way the con­ Treasury. company H.R. 664; Including cost estimate tingent payment is calculated. The Commit­ The effect of this action was to erode our of the Congressional Budget Office. tee agrees with the PCC and GAO analysis investment base by decreasing the level of The Committee on Merchant Marine and on this point. Fisheries, to whom was referred the bill our investment in the Panama Canal. As a to amend the Panama Canal Act LEGISLATIVE HISTORY result, some $60 million was diverted from the of 1979 regarding the payment of interest In the 98th Congress, on May 15, 1984, the general fund between October 1, 1979, and on the United States investment in the Honorable Jack Fields, Ranking Minority December 31, 1985. Panama Canal, having considered the same, Member of the Subcommittee on Panama These funds could only be used for those report favorably thereon without amend­ Canal/Outer Continental Shelf introduced expenditures authorized by the Panama Canal ment and recommend that the bill do pass. H.R. 5655, a bill essentially the same as H.R. Commission and were not available to finance PURPOSE 664. On May 16, 1984, the Subcommittee conducted a hearing on various aspects of other Federal programs nor to reduce our The purpose of H.R. 664 is to stop the ero­ the payment of interest on the investment staggering national deficit. sion of the United States investment in the of the United States in the Panama Canal. In an effort to correct this serious problem, I Panama Canal that is occurring as a result At that hearing, the GAO testified that the introduced H.R. 664, a bill which authorized of ambiguity in the Panama Canal Act of PCC should pay or transfer its interest col­ 1979, Public Law 96-70, . The bill lections from the PCC Fund into the Gener­ that the interest payment on our investment in accomplishes this purpose by requiring that the canal be paid directly into the general al Treasury as miscellaneous receipts. GAO the portion of tolls and other revenues col­ believes that the legislative history of the fund of the U.S. Treasury. lected by the Panama Canal Commission H.R. 664 was the subject of several con­ Act indicated that Congress intended that and attributable to interest on the the interest collections be transferred into gressional hearings, passed both Houses of U.S. Investment be deposited into the Gen­ the Treasury for the taxpayers' benefit. Congress, and on December 23, 1985, was eral Treasury as miscellaneous receipts. GAO feels that this can best be done by signed into law-Public Law 99-195-by the Under current law, these revenues are de­ transferring the collections into the Treas­ President. With its enactment, we have now posited into Panama Canal Commission ury as miscellaneous receipts. The GAO po­ Fund, resulting in a reduction of the sition on this matter is discussed at length ensured that our annual interest payment, of U.S. investment in the canal. about $10 million a year, will be properly de­ in a GAO paper entitled "Return on U.S. In­ posited and utilized for other Federal pro­ BACKGROUND vestment in the Panama Canal" of the Act requires the 83-36 dated March 22, 1983). With the problem of all future interest pay- PCC to take in revenues sufficient to cover The PCC, also citing the Act's legislative ments now resolved, the remaining issue is all costs of operating the canal, including in­ history, deposits the interest collections into terest on the U.S. investment in the canal. the PCC Fund as it believes the Act re­ the level of the U.S. investment upon which The interest rate is set annually by the Sec­ quires. The PCC does not believe that it has the interest payment is calculated. Currently retary of the Treasury pursuant to section the authority to make transfers from the that level has been reduced by the $60 million 1603 of the Act, which also specifies that Fund on its own volition. Nor does it have that is deposited in the Panama Canal Com­ the U.S. investment in the canal shall be in­ authority to make deposits in any fund mis.sion Fund. ceased by PCC expenditures and decreased other than the PCC Fund. The PCC indi­ The bill I am introducing today would raise by PCC revenues. Since revenues and ex­ cates that congressional action is necessary the principal on our investment in the canal to penditures are usually almost equal, they to state clearly that the Commission has au­ the level where it should have been had no in­ offset each other in adjusting the U.S. in­ thority to transfer its collections of interest terest funds been diverted for the past 6 vestment. from the PCC Fund to the General Treas­ years. PCC revenues attributable to interest on ury. With the passage of this legislation, the De- the U.S. investment are the exception to The Subcommittee marked up H.R. 5655 partment of the Treasury would be authorized this rule. Because the Act does not specify on June 12, 1984, adopting one amendment what is to be done with these revenues, the offered by Mr. Fields. The amendment to add the $60 million that is deposited in the PCC simply deposits them in the PCC Fund, struck the word "directly" from the lan­ Panama Canal Commission Fund to the level in accordance with section 1302 of the Act. guage requiring interest to be "deposited di­ of our principal, which is $76.9 million, and to Thus, the revenues collected for interest rectly into the Treasury as miscellaneous re­ calculate our annual interest payment by mul­ serve to decrease the U.S. investment in the ceipts." The purpose of the amendment was tiplying that figure by the prevailing interest canal, but there is no corresponding expend- to eliminate any possibility that use of the 202 EXTENSIONS OF REMARKS January 21, 1986 word "directly" could be construed as direct­ lCa) of the bill will have no impact on the side of the budget. Therefore, the budget ing the PCC to deposit the interest on the level of the U.S. investment. impact of the bill would appear as an in­ U.S. investment into the General Treasury Section 2.-Section 2 of the bill simply crease in receipts, as shown in the following on a daily basis. The PCC currently ac­ states that the provisions in the bill will table. counts for its deposits into the PCC Fund become effective when the bill is signed into on a monthly basis. The Fields amendment law. In other words, the changes made by would allow the PCC to account for the in­ the bill are prospective only. [By fiscal years. in millions of dollars] terest deposits into the General Treasury at Inflationary impact statement the same time that it accounts for deposits Pursuant to clause 2Ca> of Rule XI of 1986 1987 1988 1989 1990 into the PCC Fund. the Rules of the House of Representatives, On June 19, 1984, by unanimous voice the Committee estimates that the enact­ Estimated budget authority ...... - 0.4 - 1.2 -1.8 - 2.4 - 2.8 vote, the Full Merchant Marine and Fisher­ ment of H.R. 664 will have no significant Estimated outlays ...... - 0.4 - 1.2 - 1.8 - 2.4 - 2.8 ies Committee ordered H.R. 5655 reported effect on prices and costs in the operation of to the House as amended by the Subcom­ the national economy. The impact of this bill falls within budget mittee. See House Report 98-858. COMPLIANCE WITH CLAUSE 2 ( 1 l ( 3 l OF RULE XI function 400. On June 25, 1984, the House passed the Basis of estimate: The bill is assumed to bill under suspension, sent it to the Senate, In the consideration of H.R. 664, the Committee made no new oversight findings take effect at the beginning of fiscal year where it was never acted upon. and recommendations within the meaning 1986. In the absence of this bill, the invest­ On January 24, 1985, the Honorable Jack of clause 2(b)(l) of rule X. ment will continue to decrease each year by Fields introduced H.R. 664, a bill identical The requirements of H.R. 664 contain the amount of the interest credited to the to the version of H.R. 5655 which passed in no new budget authority or increased tax unappropriated balance of the Commission the House on June 25, 1984. On March 7, expenditure reportable under section 308 Fund; this will, in turn, diminish the 1985, the Subcommittee on Panama Canal/ of the Congressional Budget Act of 1974. amount of the annual interest obligation in Outer Continental Shelf held a hearing on The Committee on Government Oper­ the future. H.R. 664 prevents further de­ the 1986 Panama Canal Commission budget, ations has sent no report to the Committee creases in the investment and, therefore, re­ including a discussion of the $10 million in­ on Merchant Marine and Fisheries pursuant sults in an increase in receipts on the feder­ terest payment to the United States. The to clause 4<2> of rule X. al budget. two witnesses the Honorable William R. The estimate and comparison pre­ The deposit of interest income into the Gianelli, Chairman of the Board of the pared by the Director of the Congressional general fund of the Treasury instead of the Panama Canal Commission, and Dennis P. Budget Office under section 403 of the Con­ Panama Canal Commission Fund would not McAuliffe, Administrator of the Panama gressional Budget Act of 1974 is set out affect the budget totals. Canal Commission, testified that H.R. 664 below. 6. Estimated cost to State and local gov- will have no negative impact on the Com­ CONGRESSIONAL BUDGET OFFICE COST ESTIMATE ernments: None. mission's budget or financial procedures. On 7. Estimate comparison: None. April 3, 1985, the Subcommittee unanimous­ 1. Bill number: H.R. 664. 2. Bill title: A bill to amend the Panama 8. Previous CBO estimate: None. ly approved H.R. 664. On April 16, 1985, the 9. Estimate prepared by: Heidi E. Zukoski. Merchant Marine and Fisheries Committee Canal Act of 1979 with respect to the pay­ also unanimously approved H.R. 664, report­ ment of interest on the investment of the 10. Estimate approved by: James L. Blum, ing it to the House. United States. Assistant Director for Budget Analysis. 3. Bill status: As ordered reported by the DEPARTMENTAL REPORTS SECTION-BY-SECTION ANALYSIS House Committee on Merchant Marine and Section l.-Section 1302(b) of the Fisheries, April 16, 1985. No reports were received on H.R. 664 at Panama Canal Act of 1979 requires that all 4. Bill purpose: The bill requires the por­ the time this report was filed. tolls and other receipts of the Panama tion of tolls collected from the Panama CHANGES IN EXISTING LAW Canal Commission be deposited in the Canal to cover the interest on the United In compliance with clause 3 of rule XIII Panama Canal Commission Fund in the U.S. States' investment in the Canal to be depos­ of the Rules of the House of Representa­ Treasury. Section lCa) of the bill amends ited into the general fund of the Treasury. tives, changes in existing law made by the section 1302(b) of the Act to direct that the Under current law, the Panama Canal Com­ bill, as reported, are shown below. Existing portion of PCC tolls and revenues that rep­ mission computes interest on the federal in­ law proposed to be omitted is enclosed in resent the interest on the U.S. investment vestment based on a rate established by the black brackets, new matter is printed in in the Panama Canal be deposited into the Secretary of the Treasury, and recognizes italic, and existing law in which no change General Treasury as miscellaneous receipts. this as an operating cost. The Commission is proposed is printed in roman. The Committee intends to make clear that then collects tolls based on this and other this new language not be construed as di­ estimated operating costs and deposits the PANAMA CANAL ACT OF 1979, PuBLIC LAW 96- recting the PCC to deposit the interest on revenue in the Panama Canal Commission 70, 93 STAT. 452 the U.S. investment into the General Treas­ Fund in the Treasury. However, because TITLE 1.-ADMINISTRATION AND ury on a daily basis. The PCC currently ac­ there is no mechanism to transfer the REGULATIONS counts for its deposits into the PCC Fund amount of the interest payment from the on a monthly basis. This section would Commission Fund to the general fund of • • • • allow the PCC to account for the interest the Treasury, the funds collected for the in­ CHAPTER 3.-FuNDS AND ACCOUNTS deposits into the General Treasury at the terest payment remain in the unappropriat­ same time that it accounts for deposits into ed balance of the Panama Canal Commis­ Subchapter I-Funds the PCC Fund. The procedure to be fol­ sion Fund. lowed by the PCC in depositing interest rev­ Furthermore, because of the methodology • • • • enues into the General Treasury and ac­ used to calculate the U.S. investment, the PANAMA CANAL COMPANY FUNDS; COMMISSION counting for them is detailed in a June 8, amount of interest accumulating in the un­ FUNDS 1984, letter to Chairman Walter B. Jones, a appropriated balance is reducing the SEc. 1302. • • • copy of which is appended to this report. amount of the U.S. investment. The (b) On or after the effective date of this Section l.-Section 1603(b)(2> of the Panama Canal Act of 1979 states that the Act, tolls for the use of the Panama Canal Act states that monies deposited into the U.S. investment in the Canal will be in­ and all other receipts of the Commission "Treasury" O». This section of the able on that investment. Consequently, pursuant to sections 1602 and 1603 of this bill strikes the word "Treasury" and inserts Panama Canal tolls would have to be higher Act shall be deposited into the Treasury as in lieu thereof "the Panama Canal Commis­ in order to generate sufficient receipts to miscellaneous receipts. sion Fund." This ensures that the deposit in cover the interest costs. Such tolls are the General Treasury required by section shown as offsetting receipts on the spending • • • January 21, 1986 EXTENSIONS OF REMARKS 203 CHAPTER 6.-TOLLS FOR USE OF THE PANAMA Commission as interest would no longer concessions, or whether Soviet compromises CANAL serve to reduce the United States' invest­ will be needed. • • • • ment in the Panama Canal. This revision Under the domestic limits each leader will be implemented in the following two CALCULATION OF INTEREST faces, neither side can credibly threaten ways: sharp increases in military spending. The SEC. 1603. Ca) • • • a. The Treasury, on the basis of the afore­ outlook here is for more cuts in the Presi­ Cb) The investment of the United States mentioned monthly report, will no longer dent's defense budget. Mr. Gorbachev does described in subsection Ca) of this section­ credit interest receipts to the account of the not hide his preoccupation with the stagnat­ <1) shall be increased by- Commission's special fund. ing Soviet economy, or his reluctance to see the amount of expenditures from ap­ b. The Commission will account for the military spending go up to keep pace with propriations to the Commission made on or change in a manner which will cause no fur­ U.S. technological efforts. after the effective date of this Act, and ther alteration in the investment base. Observers are alert for early signs of the value of property transferred to Both of these amendments would affect movement in superpower relations. U.S. the Commission by any other department or deposits of monies made on or after enact­ allies have already put forward a proposal agency of the United States, as determined ment of the legislation and thus would not in accordance with subsection of this sec­ at the Vienna talks on Mutual and Balanced present the Commission with the problem Force Reductions. It calls for a small reduc­ tion; and of having to implement their terms retroac­ (2) shall be decreased by- tion in U.S. and Soviet forces to precede an tively. agreement on verification measures. U.N.­ the amount of the fund covered into Please be advised that an identical letter the [Treasury] Panama Canal Commission sponsored talks on Afghanistan will resume has been sent to Congressman Hubbard. soon and could provide a post-summit test Fund pursuant to section 1302 of this Act, Sincerely, the value of property transferred to of Soviet intentions. At the Stockholm Con­ WILLIAM R. GIANELLI, ference on Disarmament in Europe, each the Republic of Panama pursuant to this or Chairman. any other Act on or after the date on which side has pledged to work on "confidence the Panama Canal Treaty of 1977 enters building" measures and the principle of non-use of force. Bilateral talks are also into force, and AFTER GENEVA the value of property transferred by planned on preventing the spread of nuclear the Commission to any other department or weapons and establishing centers to reduce agency of the United States. HON. LEE H. HAMILTON the risk of nuclear war. BOARD OF DIRECTORS, OF INDIANA In Geneva, nuclear· and space arms talks PANAMA CANAL COMMISSION, will resume in mid-January. Both sides IN THE HOUSE OF REPRESENTATIVES June 8, 1984. agreed at the summit to seek progress in Hon. wALTER B. JONES, Tuesday, January 21, 1986 areas of common agreement, including cut­ ting strategic arms by 50% and working out Chairman, Committee on Merchant Marine Mr. HAMILTON. Mr. Speaker, I would like to and Fisheries, House of Representatives, an interim agreement on intermediate range Washington, DC. insert my Foreign Affairs Newsletter for De­ weapons in Europe. Neither side budged on DEAR MR. CHAIRMAN. This is in reference cember 1985 into the CONGRESSIONAL the central issue of space-based defense, but to your letter of May 30, 1984 concerning RECORD: there is some room in U.S. and Soviet posi­ H.R. 5655, a bill that would amend the AFTER GENEVA tions to discuss the acceptability of SDI re­ Panama Canal Act of 1979 with respect to President Reagan deserves the praise of search. the payment of interest on the investment Americans for his "fresh start" at Geneva. There are major differences, however, in of the United States in the Panama Canal. Although the November summit produced the terms defining the reduction of U.S. and In your letter, you invite comments on how nothing concrete on the central issues of Soviet arsenals. The Soviet proposal would the Panama Canal Commission reads the re­ arms control and arms reduction, it im­ include U.S. weapons in Europe, and appar­ quirements of H.R. 5655 and how it would proved the mood in U.S.-Soviet relations, re­ ently allows the development of Soviet SS- go about implementing the legislation, if en­ ducing tension and signaling a return to di­ 24 and SS-25 missiles while prohibiting our acted in its present form. We appreciate the plomacy. The summit's significance depends MX, Trident II and the future Midgetman opportunity to provide the Committee with on what happens next. It is up to the U.S. missile. The U.S. proposal would ban all this information. and the Soviets to try to build on its mo­ Soviet mobile missiles including SS-24s and As we read it, H.R. 5655 would impose two mentum. SS-25s and the proposed U.S. Midgetman, new requirements on the Canal Commis­ The second summit, likely to be held next but permit other U.S. systems. These terms sion. First, the measure would make neces­ June or July, will be much tougher. It was of definition alone will be difficult to negoti­ sary the deposit into the General Fund of easy this time for the leaders to meet, shake ate. the Treasury of the part of Canal tolls and hands, exchange smiles and pledge to accel­ A further difference is compliance with other receipts of the Commission which rep­ erate arms control talks. Next time the past arms control agreements. In June, resent interest on the investment of the summit will be called a failure if it does not President Reagan announced a "no under­ United States in the waterway. Presently, produce real movement on arms control. A cut" policy of adhering to SALT I and II to all Commission receipts are deposited into a summit can spur bureaucracies into action, the extent that the Soviets did. He con­ special account known as the Panama Canal but it can also obscure inaction. Painstaking tends, however, that the Soviets have violat­ Commission Fund. The change would have diplomacy is not always advanced by highly ed SALT II by deploying two new types of the result of excluding interest collections visible public meetings. A second or third land-based missiles-SALT II allows only from the funding authority balance other­ summit, if unproductive, could unsettle one new type-and by encoding data from wise available to the Canal for financing ap­ Europe and increase East-West tension. missile tests. Some cite these as reasons for propriations. The President has his work cut out for U.S. abrogation of the SALT II Treaty. With respect to the manner in which this him. Preparation for the next meeting Others argue that without U.S. compliance requirement would be put into effect, the needs to begin now. The President must the Soviets could "break out" rapidly from Canal agency intends to establish a proce­ quickly assemble an arms control consensus SALT II, which would complicate arms talks dure whereby the minority report 1 used by within his own Administration, something and undermine the effectiveness of defense the Treasury to account for funds of Feder­ he has so far been unable to do. He must systems contemplated under SDI. al agencies will be utilized to effect the de­ give his negotiators guidance if progress is Another critical compliance issue concerns posit of interest collections into the General to occur before the next summit. He must the Anti-Ballistic Missile Treaty of Fund as miscellaneous receipts. This proce­ resist pressure to compromise, which our 1972. The U.S. charges that Soviet construc­ dure will fully meet the requirements of the allies will apply in coming months. He must tion of a large new radar system at Kras­ new law while, at the same time, take into choose whether to observe existing treaties noyarsk in Siberia violates the ABM Treaty. account the fact that interest cannot be cal­ while he accuses the Soviets of violating The Administration also decided this Octo­ culated more frequently than monthly them. Most importantly, he will have to ber that the testing and development of SDI therefore, cannot be segregated from other decide whether to accept limits on his Stra­ technologies is not a legal violation of the receipts on a daily-deposit basis. tegic Defense Initiative t0 achieve ABM Treaty, reversing the U.S. position of The second change to the existing law deep cuts in Soviet nuclear weapons. the previous 13 years. This change led to an would insure that monies collected by the Mr. Gorbachev has his own set of prob­ outcry here and in Europe, and the U.S. de­ lems. He must consolidate his power at the cided for policy reasons to return to the

1 Standard Form 1220, "Statement of Transac­ Party meetings in Moscow in February, original Treaty interpretation. How compli­ tions According to Appropriations, Funds and Re­ 1986. He must decide if NATO or the Con­ ance disputes such as these are resolved will ceipt Accounts." gress will induce President Reagan to make greatly affect the future of arms control. 204 EXTENSIONS OF REMARKS January 21, 1986 The summit's outcome on arms control H.R. 4020 vated employee. At present, more than has yet to be written. Will we be able to A bill to repeal the Balanced Budget and $31,700,000 in tax dollars is spent on subsist­ reach agreements that for the first time Emergency Deficit Control Act of 1985 ence benefits in the Rockaways, with virtu­ really cut arsenals, or will we begin an accel­ Be it enacted by the Senate and House of ally no visible improvement in the quality of erated arms race? Can we keep both nations life, either to the recipient, or the communi­ on the track started at Geneva or will the Representatives of the United States of America in Congress assembled, ty as a whole. This is a very expensive band next international incident derail us? Can aid. we translate the momentum of Geneva and SECTION 1. REPEAL. Our program will greatly reduce the tax what the President calls America's new Subject to section 2, the Balanced Budget drain, and at a fraction of the cost, go a long strength into specific agreements which will and Emergency Deficit Control Act of 1985 way toward improving the quality of life for manage the arms competition? is repealed, all Rockawayites. By joining the groups to­ The summit did not give us a break­ effective as of the date of its enactment. gether, and forming this Task Force, we through on arms control or the difficult re­ SEC. 2. EXCEPTION. agree on an agenda, then use each others lationship between the United States and Sections 261 and 272 of the Balanced strength and resources, in a united effort to the Soviet Union. But in an improved cli­ Budget and Emergency Deficit Control Act attain our goals. In the past, our beautiful mate it does give us a chance to keep trying. of 1985 (and section 275 of such Act to the peninsula has fallen prey to outside sources, extent that it relates to those sections> shall where decisions were made that have not be included in or affected by the repeal darned near ruined us. Our Task Force is DISABLED VETERAN HELPS of such Act under section l, and shall beef­ one giant step in returning the destiny of OTHERS fective as though this Act had not been en­ Rockaway to Rockawayites. acted. In closing, we at The Chamber are excited HON. GEORGE E. BROWN, JR. about the current interest in the Arverne OF CALIFORNIA Urban Renewal Area. Be assured that your WALTER J. ROBERTS LEADS Chamber of Commerce will take a strong IN THE HOUSE OF REPRESENTATIVES ROCKAWAY CHAMBER role in any decisions involving the use of Tuesday, January 21, 1986 this valuable land. Mr. ~ROWN of California. Mr. Speaker, I HON. JOSEPH P. ADDABBO w~uld hke to commend and recognize Mr. OF NEW YORK Fntz Kasa of Ontario, CA, in my congressional IN THE HOUSE OF REPRESENTATIVES AMENDING THE AGE RESTRIC­ TIONS FOR EMPLOYMENT IN district. Mr. Kasa is a collector extraordin­ Tuesday, January 21, 1986 aire-a collector of crutches, walkers, canes, THE FEDERAL PRISONS Mr. ADDABBO. Mr. Speaker, I am proud to and wheelchairs. call to the attention of my colleagues a very After searching through neighborhood special man in my community of Queens. HON. BENJAMIN A. GILMAN garage sales, Mr. Kasa repairs and cleans the OF NEW YORK crutches and other medical aids he has gath­ Since his election to president of the Rock­ away Chamber of Commerce last year, Mr. ered and then donates them to local Veter­ IN THE HOUSE OF REPRESENTATIVES Walter J. Roberts has earned the respect and ans' Administration hospitals, children's cen­ Tuesday, January 21, 1986 praise of many. Mr. Roberts has proven his ters, and schools. In light of recent administra­ dedication and devotion toward improving the Mr. GILMAN. Mr. Speaker, I rise today to tion cutbacks and the fact that Mr. Kasa is a quality of life within the Rockaway community share with the House legislation I have recent­ disabled veteran himself, his fellow disabled ly introduced to correct a discriminatory prac­ veterans especially appreciate his efforts. through his hard work in forming the Rock­ away Industrial Task Force. By making local ti~e utilized in the hiring and retirement poli­ As commendable as his actions are, Mr. cies of the Federal prison system. Kasa is not satisfied that he cannot do more. entrepeneurs aware of the vast opportunities that exist in the Rockaways and by establish­ In accordance with Public Law 93-350, the His next project is to charter a bus so that he ing an extensive Job and Motivational Training Attorney General is charged with the authority may transport handicapped children and vet­ to promulgate regulations which prohibit the erans on outings to museums and sporting ~r~gram, _the ta~~ force wil! help ignite a surge in industrial act1v1ty that will create a positive hiring of anyone over the age of 35 and man­ events. date the retirement of any one over the age of Mr. Kasa receives no remuneration for his change for all Rockawayites. I feel that both Mr. Roberts and the members of the Rock­ 55 in our Federal prison system. This restrjc­ efforts. No one told him to devote his spare tion encompasses all employees, regardless time and energy to helping those around him. away Chamber of Commerce should be com­ mended for their great effort. of their physical condition, experience, special He does it simply because he cares. He is not training, or other qualifications. alone in this endeavor. Unable to drive him­ I would like to share with you Mr. Robert's comments, which illustrate his excitement in Mr. Speaker, these regulations are a serious self, Mr. Kasa's former wife and Veterans of breech of our Nation's progress in ending, not Foreign Wars brethren help him to coilect his the chamber's role on the task force. I insert into the RECORD the text of his message: perpetuating discrimination-whether it be valuable gifts. based on race, religion, gender or age-wher­ These unselfish acts deserve to be ap­ PRESIDENT'S MESSAGE <By Walter J. Roberts> ever it may exist. I have introduced, H.R. plauded and appreciated. Mr. Kasa is not a 3911, to correct this injustice. talker, but a doer. If this spirit of generosity When I accepted the Presidency last year I promised you that the Chamber would b~ Currently all prison employees are classified and thoughtfulness were to spread across our as law enforcement officers. This includes country, all Americans would benefit greatly. in the forefront in attracting industrial de­ velopment to our community, to provide c~oks, janitors, secretaries, and prison guards Mr. Kasa, I salute you. much needed employment for our unem­ ahke. As such they are eligible for early retire­ ployed and underemployed neighbors. I can ment and augmented pensions. However, to GRAMM-RUDMAN MUST BE report to you now that we are on our way. extend the 35 age limit on hiring, and the 55 Together with the Far Rockaway Revital­ age limit on mandatory retirement, across the REPEALED ization Corp., Catholic Charities, Communi­ ty Board 14, and the Rockaway Local Devel­ b~ard, to. all o~ these individuals in these very HON. TED WEISS opment Corp., we have formed The Rock­ ~1fferent Jobs, 1s not only grossly unfair, but it OF NEW YORK away Industrial Task Force. Our purpose is 1s also bad management policy. H.R. provides that no one age or IN THE HOUSE OF REPRESENTATIVES to encourage, and assist local entrepreneurs 3911 45 to expand their businesses, to provide many under can be refused employment based on Tuesday, January 21, 1986 goods and service needed in the Rockaways. his or her age. My bill also raises the manda­ Mr. WEISS. Mr. Speaker, I today introduced We will take advantage of our proximity to t~ry retirement age from 55 to 65. My legisla­ JFK to entice industry that is being forced t1~~ reflects the need when making these de­ legislation to repeal the Gramm-Rudman Bal­ out of Manhattan, to relocate here where anced Budget Act. This legislation is urgently we are able to offer attractive costs and a c1s1ons, to approach each employee on the needed to protect American citizens from the ready labor force. basis of his. or her abilities and experience, devastation of massive budget cuts in this and Our program includes job training, and not on the b1rthdate placed on an employment the coming years. A copy of this legislation is most important, motivational training that application. The recent spate of disturbances printed below. will assure these businesses a highly moti- in our Federal prisons indicate to me that we January 21, 1986 EXTENSIONS OF REMARKS 205 need qualified, experienced men and women portant bill awaits action. It restates a THE THIRD ANNUAL MAYORAL to police our Federal prisons and that that cri­ policy that should be obvious: No federal CONFERENCE ON ALZHEIMER'S teria, in and of itself, should be our primary money should support institutions that dis­ DISEASE, A COMMITMENT TO concern. criminate on the grounds of race, sex, age or CARE Mr. Speaker, I encourage my colleagues to physical handicap. join me in holding to establish fair, sensible, For 20 years that had been a clearly ar­ age limits for the hiring and retirement of our ticulated national policy, starting with the HON. MARIO BIAGGI passage of the Civil Rights Act of 1964. OF NEW YORK Federal prisons employees. I am inserting the That policy was seriously eroded in a 1984 full text of H.R. 3911 at this point in the U.S. Supreme Court decision involving IN THE HOUSE OF REPRESENTATIVES RECORD, and commend it to my colleagues Grove City College in Pennsylvania. The Tuesday, January 21, 1986 for their attention: court held that while federal aid to students H.R. 3911 was indeed aid to the college, it triggered re­ Mr. BIAGGI. Mr. Speaker, on November 1, 1985, I was privileged to participate in the A bill to amend sections 3307<d> and 8335(b ~ strictions against discrimination only in the of title 5, United States Code, with respect program directly invloved. The student-aid Third Annual Mayoral Conference on Alzhei­ to the age limits for appointment and office thus was covered, but not the rest of mer's Disease and Related Disorders which mandatory retirement of law enforcement the school. took place at Columbia University in New York officers engaged in detention activities Many members of Congress said that this City. The theme for this conference was "A Be it enacted by the Senate and House of was too narrow an interpretation. Still, the Commitment to Care: Present Problems, Representatives of the United States of Justice Department indicated that the deci­ Future Focus" and it provided a vast and en­ America in Congress assembled, sion, which involved sex discrimination, lightening outlook on what victims, family SECTION I. APPOINTMENT. would be applied to similarly worded stat­ members, and care providers can expect from Section 3307<d> of title 5, United States utes barring federal subsidies to institutions their local, State and Federal governments in Code, is amended- that discriminate against minorities, the el­ the treating of researching this degenerative <1 > by striking out "The" and inserting in derly or the handicapped. disease that has ravaged the lives of 2.5 mil­ lieu thereof "( 1 > Except as provided in para­ Since the Grove City decision, the Depart­ graph (2), the"; and ment of Education has indeed dropped sev­ lion people in our country who have Alzhei­ (2) by adding at the end the following: \ eral key cases. One involved charges that mer's disease. We also heard personal testi­ "(2) The maximum limit of age for origi­ the University of Maryland's intercollegiate monials from family members of victims who nal appointments to a position as a law en­ athletic program did not provide the same suffer from this disease, as we learned from forcement officer whose duties primarily in­ travel allowances and support services to experts and professionals who have spent volve detention as defined by section female athletes that it did to males. Such many years of their careers studying this dev­ 8331<20> may not be fixed under paragraph sex discrimination had clearly been prohib­ astating disease and its effects in the hopes <1 >at an age lower than 45 years.". ited under Title IX of the Education of finding both the cause and the cure. SEC. 2. RETIREMENT. Amendments of 1972, which helped expand I was honored to represent the Federal The first sentence of section 8335<b> of opportunities for women and girls in sports. title 5, United States Code, is amended- Government's role in the research and treat­ The number of high school girls in sports ment of Alzheimers when I appeared as a re­ <1) by inserting ", or 65 years of age in the has increased from 7% to 35%, and the case of a law enforcement officer whose spondent along with staff representatives of duties primarily involve detention as de­ number on college athletic scholarships has my distinguished colleagues Representatives fined by section 8331<20)," after "55 years of grown from virtually none when Title IX EDWARD ROYBAL and THOMAS MANTON. It is age"; and was passed to more than 10,000 today. Many more women now attend medical, law, vet­ important to note that I am an original cospon­ (2) by striking out "that age" and insert­ sor of a bill authored by Chairman ROYBAL of ing in lieu thereof "the applicable age". erinary and graduate schools as well, thanks to federal efforts to end sex discrimination. the House Select Committee on Aging, H.R. To overturn the Supreme Court ruling 2280, the Comprehensive Alzheimer's Assist­ CIVIL RIGHTS POLICY SHOULD and correct any misapprehension that the ance and Research and Education Act, which BE PUT BACK ON TRACK Justice Department has about legislative is the main bill pending before Congress on intent, Congress has been· considering the this subject. HON. DON EDWARDS Civil Rights Restoration Act of 1985. The It is my pleasure to share some testimony bill would make it clear that if an institu­ OF CALIFORNIA that was presented that day, but before I do tion received federal money for any pro­ that, I would like to commend the mayor of IN THE HOUSE OF REPRESENTATIVES gram or activity, the entire institution the greatest city in the world, Edward Koch of Tuesday, January 21, 1986 would be covered by anti-discrimination New York, for his initiative in calling for this Mr. EDWARDS of California. Mr. Speaker, laws. The measure has wide bipartisan sup­ timely conference for the third time. His lead­ one of the major disappointments of the first port, which is appropriate because three of ership and commitment in this important area the four laws involved were signed by Re­ has been outstanding from the outset, and session of the 99th Congress was the failure publican Presidents. Fourteen high officials of the Congress to enact the Civil Rights Res­ from the Johnson, Nixon, Ford and Carter provides needed encouragement to the New toration Act to overturn the Supreme Court's Administrations have testified in favor of York City community. I would also like to com­ Grove City decision. Despite the bill's cospon­ the legislation, saying that they never had mend and praise my friend, Janet Sainer, sorship by over 200 Members of the House any problem with what Congress meant. commissioner of the New York City Depart­ and a majority of the Senate, efforts by some What should be obvious is not, however. ment for the Aging, whose opening remarks to bog the bill down with other issues that Some House members seek to entangle the provided great hope and impetus for the obvi­ miss the very point of the oill have prevented measure in the abortion debate, where it ous successful outcome of the conference. us from enacting this crucial legislation into does not belong. Others want to exempt in­ Commissioner Sainer's role has been vital to law. stitutions with religious affiliations. Institu­ the 1.3 million citizens in New York City who A January 3, 1986 editorial in the Los Ange­ tions controlled by religious groups are al­ are 60 years of age and older. I would also les Times addresses this dilemma, and points ready legitimately exempt; this amendment like to take a moment to extend my personal out the reasons why enactment of the bill is would broaden the loophole through which thanks to Randi Goldstein, director of the Alz­ so important. I share the editiorial's conclusion 800 to 900 institutions might escape cover­ heimer's Resource Center, without whose age. competent assistance and ability this confer­ that in the months ahead we must "put civil­ The bill has never come to the House rights policy back on a track that it should floor, because the civil-rights forces lack the ence would not have been a success. never have left." votes to beat back amendments that have At this time, I would like to share with you I commend the article to the attention of my little to do with the substance of the meas­ testimony from four key participants: colleagues. The article follows: ure. When Congress returns to work, it TESTIMONY OF MARION ROACH, AUTHOR AND SIDETRACKED CIVIL RIGHTS should resolve to clarify the law and put CAREGIVER Congress went home for the holidays civil-rights policy back on a track that it My name is Marion Roach. I am the without having passed a single piece of civil­ should never have left. author of a book, "Another Name for Mad­ rights legislation in 1985. Yet a critically im- ness." 206 EXTENSIONS OF REMARKS January 21, 1986 Seven years ago my mother's doctor told who have never been paid for, who have suf­ parts of them demolished. We are not even me that he thought that my mother was fered and been confused and caused finan­ asking this help for the victims now in nurs­ senile. I thought she was going mad. We cial ruin to their families and who have no ing homes. I am asking you so that next both were wrong. where to go but to the nursing homes be­ year, the victims can get the financial help My mother is one of the more than two cause we cannot afford to keep them at they need. We've given the families a lot of million victims of Alzheimer's disease in this home, are going to be shut out based on help. country-according to recent statistics, she reimbursment. And, you know what? I don't Only you can do this for us. is one of the seventy thousand victims living blame the nursing homes. They cannot in New York City. afford to take these patients if what they My mother in her life has been a newspa­ will be reimbursed is what is being proposed. TESTIMONY OF ROBERTA GOODMAN, ESQ. per reporter, a wife, a mother, a girl scout "It's like this. According to the New Re­ Good morning, my name is Roberta Good­ leader and a visiting nurse volunteer. source Utilization Groups, called "RUGS". man and I represent ADRDA-Ny. I am In the progression of her disease she the reimbursement system for long term also the daughter of an Alzheimer's disease became frightened, angry, paranoid, hostile care will be remodeled, making a system victim and for the past 7 years, I have wit­ and imcompetent. which everyone agrees is already unfair to nessed the devasting effects of this disease Then she became completely dependent the dementia patient, even more so. on my mother, my father and myself. When on the aid of others. She could not be left We, professionals and family members, one family member suffers from Alzhei­ alone. She became repetitive and confused. are against a system which is being put into mer's, all family members suffer. She became agitated. She stopped reading. effect whereby the types of care needed by We thank the legislators for their efforts She could not complete sentences. Then, for Alzheimer's patient is given such a low in proposing legislation designed to help, a while, she spoke rapid gibberish. rating as to be last on the list of what the but we need enacted legislation, not just She could not bathe properly and she had government will pay for. proposals. no memory. She had to be bathed, fed and For some inexplicable reason in this coun­ ADRDA is an organization dedicated to: dressed. try, we value intrusive medical procedures <1) Educating the public to medical, social, At last year's conference I spoke about over non-intrusive care-we would rather psychological and financial impication; <2> how she had just been admitted to a nursing pay for a limb to be replaced, a chest to be encouraging and supporting research into home. I spoke about when she went in, that opened, a machine to be attached, than we causes, improved diagnosis, therapy, cures she did not speak and barely walked, that would care which does not intrude on the for and prevention of AD; and <3> Providing she was incontinent and seemed dead and body. I don't know why. We don't seem to a network of support groups. that within two months she had recovered take seriously the hands-off care that some The City of NY is helping to achieve some her speech and was walking-that she recog­ illnesses require. of ADRDA's goals. We thank Mayor Koch nized me, but had not for the six months Here's my metaphor. The Alzheimer's and Commissioner Sainer for their commit­ prior to entering the home. I talked about victim needs medical care. Medical care ment to the elderly of our City. The Alzhei­ how the home saved what there was of comes in the form of another person. The mer's Resource Center, established by the her ... how it took the shreds of her intel­ person, is in the beginning of the illness a NYC Department for the Aging is one of a lect and used them to their maximum po­ cane, then a walker and then later a wheel­ kind in providing a vital public service. In 18 tential. chair. The other person is the victim's months, greater than 10,000 people have Before my mother went into the nursing kidney machine if you must, the person's been helped. Most recently, much needed home she was living in an apartment with seeing eye dog, the person's very link to any legal advice has become available to help in­ twenty four hour a day seven day a week type of proper care. Without it, they would dividuals wade through the myriad of infor­ care. She was protected from the world, and die. They would die early into the disease. mation to determine medical eligibility. it, was protected from her. She was, as I So, when the New York State people sat But we need more. This is a disease that said, almost dead. down and wrote out this new rating, they has reached epidemic proportions. Over 2 In two days living in the nursing home, figured numbers of hours of attention per million people diagnosed with AD and an my mother, for the first time in six months patient-and, here's the rub-the salary of untold number of victims. initiated a conversation. She recognized me the person required to give that attention. We need you to propose and enact legisla­ for the first time in six months. She is An AD patient doesn't need a RUN or LPN. tion which will allow people to remain inde­ happy, cared for, stimulated, safe and clean. They need an attendant, someone to bathe pendent and live with dignity. As the laws They cut her sedation in half and they them, someone to watch them in arts and are presently formulated a spouse must work with her every day to keep her crafts, someone to get them to do whatever spend down to near poverty levels before be­ stimulated ... art therapy, music therapy, it is they can do with what is left of their in­ coming eligible for assistance. dance, current events. Don't tell me it's not tellect, someone to watch them, to feed Recently, a NY Court recognized the in­ important. It's a right. She has every right them. They don't need transfusions for the equities of the provisions of the medicaid to whatever life she can have. AD, they need aid. laws and remedied this unfairness by allow­ My mother's at-home care bankrupt my So, of course they don't cost much. But ing an elderly healthy spouse of an institu­ family. It demolished my father's life sav­ they need as much. They cannot exist un­ tionalized medicaid recipient to receive the ings. It demolished my mother's consider­ aided. Based on the scales going into effect proceeds of her husband's pension despite able life savings. My sister and I were left to next year, the reimbursement for the AD the demands of the medicaid program for care for her. As a middle income family, we patient will be about one third that daily reimbursement. We applaud the Koch Ad­ were left to fend for ourselves. And we did rate for the highest rated group in the nurs­ ministration's decision not to challenge the not do very well. We were paying $360.00 ing home. So, nursing homes given the Court's opinion. But we cannot rely on the per week for a home attendant. Private in­ choice will choose the other patients, the beneficence of a single judge. surance does not cover these costs for long non-demented. It's not secret they prefer We need legislation to redefine eligibility term custodial care. Nor does Medicare. the non-demented, and frequently turn under the medicaid laws. Medicare is insuf­ Medicaid will-if you are virtually destitute. down the AD patient, saying they are too ficient and does not cover custodial care. We So, we set out to make my mother destitute. hard to handle. need tax credits or deductions for home It was easy. We paid for her care and in five So, at the last stages of the family's care. We need funding for establishment years the life saving of two working and battle, you are going to throw this at us. and operation of respite services. We need educated adults was gone and she was left, Not if we can help it. funding for research programs to conquer depending on two daughters both in their The way I look at all policy makers, you this disease. twenties to support her. We had a lawyer. are either with us, or you're going to have We urge you to propose and support a tax We did what we could and at the time she to change. Because we're not going to. We're credit or deduction to those who are able to was severe enough to qualify for a nursing not going to because the demands of this keep a family member at home and provide home we were also broke. The financial and disease won't let us. long term care. The savings in real dollars is emotional ruin came together. It doesn't go away. enormous. Apparently, next year, the payment pro­ I believe that there are no truths to be We urge you to provide respite services for gram for nursing homes in this state is learned without a challenge to one's cour­ those unable to hire outside help or get out going to change. Payment made by the type age and to one's intellect. This requires that of the house. They too have become prison­ of illness is being rescaled and you know we think beyond the usual bounds of medi­ ers of this disease. They desperately need who is going to suffer-you know who is cal care. But I believe that every truth, relief. We urge funding local model projects being put so low on the scale of payment every success, comes after pushing courage in each borough. that nursing homes will be acting in their another distance. Last and certainly not least, we urge you best interest by refusing these patients­ We are asking you to do the same. We to establish funding for research programs. that's right, the demented. Those patients have looked at our lives and we have seen The cause and cure for AD remains a mys- January 21, 1986 EXTENSIONS OF REMARKS 207 tery. Research grants are desperately TESTIMONY OF GLADYS HARBURGER, Diana Walcott, Information & Referral needed for developing treatments. CAREGIVER Specialist, Alzheimer's Resource Center. You can make the changes to help put an My name is Gladys Harburger. My hus­ Helene Wolff, Director, Public Affairs, end to the daily agony suffered by our fami­ band of forty five years is the AD patient. New York City Department for the Aging. lies. We urge you to propose and enact ef­ My parents were immigrants sent to these fective legislation. shores because in America people respected We do not know when AD will strike, or that an individual was "endowed with cer­ TRIBUTE TO JOSEPH who it will strike, but we do know it will tain inalienable rights"! To them that SYLVESTER CLAY strike. It may happen next year, or next meant each of us was entitled to personal month, or next week or tomorrow. But it dignity and respect. will happen. To put an end to the dread of Here I am-where I didn't expect to be­ HON. LOUIS STOKES tomorrow, we must do something today. needing help from others and to my amaze­ OF OHIO ment there is little or no help for me. IN THE HOUSE OF REPRESENTATIVES TESTIMONY OF JACK M. POLLOCK, PH.D. I doubt that there is anyone who doesn't recognize the need for homecare for AD pa­ Tuesday, January 21, 1986 I begin with the simple proposition that tients and even more unfortunately for the Mr. STOKES. Mr. Speaker, family, friends living with a victim of AD is impossible to caretakers: This is a relentless thirty six and the St. Louis community will pay tribute describe. By various knowledgeable people, hour a day experience. Alzhemier's has been termed "the disease of and give recognition to one of its influential If we are agreed that homecare is impera­ and solid citizens on Sunday, February 2, the century," "a funeral that never ends", tive-then why don't all of us avail ourselves "a sickness that robs the mind of the victim of this service. Some of us feel that we must 1986, with a Joseph Sylvester Clay, Sr., Day and breaks the hearts of the family," "a 36- assume this responsibility. It is our loved celebration in the city of St. Louis. hour day," "the plague of the unburied one and who can take care of our patient Mayor Vincent C. Schoemehl, Jr., has dead." with greater dedication than us? Then we issued a proclamation declaring February 2, I have lived with AD for over seven years. start worrying about our survival. What 1986, as Joe Clay Day in the city of St. Louis. The victim is my wife. She was only 53 would happen to our patient then. It is rare Joseph Sylvester Clay, Sr., was born in the when her brain began to crumble. that there is another family member to take city of St. Louis and is the son of the late In this country, there are 2112 million over. Irving Charles Clay, Sr., and Luella Hyatt. His people like my wife. Some are younger; most So now we have acknowledged the fact brothers and sisters include Congressman are older. All are without hope. that we must have help. If we are on Medic­ WILLIAM L. CLAY, Sr., Irving C. Clay, Jr., exec­ Are these people and their families aid with a great deal of effort, humiliation doomed to suffer alone? Does society owe and aggressiveness we can get a health aide. utive assistant to the mayor of St. Louis, Mary them nothing for a lifetime of toil? For all If we are not eligible for Medicaid we are E. Lloyd, retired from the Missouri State De­ they have given the community, is there no offered no assistance. We must then pay be­ partment of Health, Flora M. Everett, entrepre­ return? I speak not only of medical care and tween six and twelve dollars an hour-or neur and Hazel Brown and Norman Cain, both financial assistancP-. Though these are im­ about $75.00 a day for full time care. We are of whom are deceased. portant, I think that uppermost in the mind being asked to pauperize ourselves before Joe just recently retired after many years of of everyone who has a family member af­ we can get help. Once again the middle class successful employment as a skilled technician flicted with AD is the fervent prayer that a is being victimized. with the pipefitters of the city of St. Louis. He cure be found. There is an alternative to pauperization. We are being advised to divest ourselves of was known by his peers during his many Those who now have AD may be beyond years of employment as a sincere, consider­ redemption. But we worry about our chil­ our resources so that we may qualify for Medicaid. ate person who trained many young men in dren. And the chindren, the brothers and the development of their skills as pipefitter sisters, live with the sword of Damocles Over two million Americans are estimated hanging over their heads. "Will it happen to to suffer from this disease and with hospital technicians. It has been stated by his cowork­ me?" they ask. " If it does, I don't want to and institutional care costs escalating ers that he has left a positive imprint on those live." daily-how much more economical would it with whom he has been involved. be to provide home care. If a well thought He is married to Delores Carey and is de­ What we of this nation must do is to de­ out plan of home care were developed-a clare war on AD. The Disease threatens to voted to his family and children, Wanda and progressive plan responding to the needs of Joseph, Jr. Joe Clay was educated in the St. overwhelm us, both in terms of human the patient and caretaker at least 25 % of misery and financial loss. By the year 1990, the overhead costs of the many billions Louis Catholic parochial and public school 78 billion dollars will be spent to instit ution­ needed for institutionalized care-would be systems. Joe Clay, in addition to being a dedi­ alize AD patients. Yet the federal govern­ saved. Both the patient and the caretaker cated civic and community leader, is well ment has allotted only 50 million for re­ would fare better in their home surround­ known for his accomplishments in the area of search on AD, only a third of the amount ings. athletics. He excelled as a participant in many budgeted for research into AIDS. Please let this not be a pleasant exchange areas of athletic endeavors that include base­ How much longer do we have to wait? Like of concerns. Let it move us to action and we Macbeth to the physician, we cry out in ball, softball, basketball, football, swimming promise to support your actions in whatever and was lauded by all for his exceptional ath­ pain to the medical profession: way seems desirable. letic abilities and his keen sense and knowl­ "Canst thou not minister to a mind diseased The Third Annual Mayoral Conference on edge of the technical aspects of the various Pluch from the memory a rooted sorrow Alzheimer's Disease and Related Disorders Raze out the written troubles of the brain?" games. was made possible by the dedication and After a long and successful career as an My purpose in coming before you this commitment of the following individuals whose morning is simply to emphasize the terrify­ outstanding participant, he has continued his names I would also like to note: involvement in athletics as a developer and ing urgency of the problem. If we mobilize Carolyn Bottum, Public Affairs, New York our resources of money and talent, I am general manager of an athletic organzation. City Department for the Aging. Over the last several years, the Judy's softball convinced we shall find a treatment, a cure, Leane Cheek, Associate Director, Public or a prevention. We are spending countless Affairs, New York City Department for the team of St. Louis, under his guidance and billions in outer space. I submit that the few Aging. leadership, has emerged as a power in St. cubic centimeters of space encompassed by Mildred Evans, Administrative Assistant, Louis softball and has many championships to the human skull are far more complex, sig­ Alzheimer's Resource Center. their credit. nificant, and vital than a million light years Susan Goldfein, Conference Coordinator, The citizens of the St. Louis area have had of outer space. Whatever it may cost to Alzheimer's Resource Center. a longstanding and deep love for Joe Clay eradicate AD, the price will be cheap, the in­ Michael Helmers, Administrator, Alzhei­ and will come together on February 2, 1986, vestment wise. Unless we act now, and act mer's Disease and Related Disorders Asso­ to show their appreciation to him for the com­ decisively, the number of AD cases will ciation, Greater New York Chapter. mitment he has made to enhance the quality double. If we succeed, the dividends will be Pamela Jaffe, Family Counselor, Alzhei­ not only a saving of millions in the cost of mer's Resource Center. of life for his fellow man. health and nursing home care, but an allevi­ Jean Marks, Educational Director. Alzhei­ Mr. Speaker, I rise today to also pay tribute ation of human suffering that could well be mer's Disease and Related Disorders Asso­ to Joe Clay and I call now on my colleagues unparalleled in medical history. ciation, Greater New York Chapter. in the U.S. House of Representatives to join 208 EXTENSIONS OF REMARKS January 21, 1986 me in congratulating Mr. Joseph Sylvester the time to truly care about them. And be­ economy. A recent report by the Congression­ Clay, Sr., for his contribution to the St. Louis cause of that, Mrs. Graham has had a positive al Research Service shows that the United community. impact on the Plymouth community. States uses nearly 11 O billion gallons of gaso­ But beyond that, I believe it bears mention­ line annually. Assuming a 10-percent alcohol A TRIBUTE TO THE 101ST AIR­ ing that this appreciation for an American mixture, CRS estimates that 11 billion gallons BORNE DIVISION AND SP4C MI­ town and American people comes from one of alcohol would then be required. At 2.55 gal­ CHAEL L. WHITEMAN who was born and raised in a different coun­ lons per bushel, 4.3 billion bushels of grain try. Mrs. Graham is a proud citizen of our would be needed to manufacture this amount neighbor to the north, Canada. of alcohol. Thus, 40 percent of the grain har­ HON. ROY DYSON I would like to join with the people from my vest of the United States could potentially be OF MARYLAND hometown in congratulating Ellie on her retire­ utilized to supplement our Nation's automotive IN THE HOUSE OF REPRESENTATIVES ment. It truly is to our benefit that years ago a fuel supply. Tuesday, January 21, 1986 schoolteacher from Essex County decided to While it may be many years before this Mr. DYSON. Mr. Speaker, I rise today to cross the Detroit River and make her resi­ amount of grain is put to use in the production honor the memory of the members of the dence in Michigan. of alcohol, there is already a proven market 101 st Airborne who lost their lives on Decem­ for ethanol in the United States with a tremen­ dous potential for future growth. Increased ber 12, 1985 in the service of their country. BTX'S: A THREAT TO HEALTH ethanol usage in recent years has already When loved ones answer the call to duty in AND THE ETHANOL INDUSTRY the face of danger, we are wont to know both proven to be an important market for corn pride and fear. Whether they be soldiers serv­ producers. Between 1980 and 1985, corn ing in distant lands, or police patrolling neigh­ HON. DOUG BEREUTER used in production of ethanol rose from 16 borhood streets, we are all too aware of their OF NEBRASKA million to nearly 200 million bushels annually. vulnerability. We are heartened by their cour­ IN THE HOUSE OF REPRESENTATIVES With the phaseout of lead as an octane en­ age, but we are also anxious for their return. Tuesday, January 21, 1986 hancer in gasoline, the potential exists for the Knowing what we may, when tragedy is vis­ amount of corn used in ethanol refining to Mr. BEREUTER. Mr. Speaker, today I am in­ double, or even possible triple, over the next ited, the grief is no less. And so it is for the troducing legislation that will prohibit oil refin­ families of the 248 fine young soldiers whose few years. ers from introducing benzene, toluene, and In light of our current huge surpluses of mission of peace ended abruptly in e quiet, xylene, commonly known in the industry as snow covered field in Gander, Newfoundland. grain, ethanol production is a safe, efficient BTX's, into commercial gasoline. I introduce and economical means of utilizing excess ag­ Our hearts go out to the loved ones who this legislation for two primary reasons: One, grieve the untimely loss of these brave sol­ ricultural products. The use of corn in ethanol is environmental; the other is economic. production also helps to increase farm income diers. Though it does little to lessen the From an environmental standpoint, all of us sorrow of their loss, I know I join with the and reduce the cost of Federal farm pro­ are aware that the Environmental Protection grams. However, if oil refiners are allowed to entire country in expressing my deep sympa­ Agency has mandated that oil companies thy to each family. While we will never know manufacture and use BTX's on an economi­ phase out the use of lead as an octane en­ cally large scale, then ethanol will cease to be what accomplishments they might have hancer in gasoline. The EPA mandated this achieved had they lived, we will always re­ a viable alternative to lead as an octane en­ phaseout because it has been determined hancer and a market for surplus grain produc­ member the cause for which they served so that lead is a toxin and that its use in gasoline proudly. tion. is detrimental to both air quality and individual The legislation which I am introducing today health. is a simple, straightforward means to both TRIBUTE TO ELLIE GRAHAM The EPA lead phaseout has left oil compa­ protect public health and insure a future for nies with two basic alternatives for increasing our developing ethanol refining industry. My HON. CARL D. PURSELL the octane level in the production of gasoline. bill would prohibit any petroleum refiner from OF MICHIGAN One is the use of ethanol manufactured from introducing benzene, tolulene, or xylene into IN THE HOUSE OF REPRESENTATIVES agricultural products such as grain or sugar gasoline for the purpose of increasing its cane. The other is the use of one or more Tuesday, January 21, 1986 octane ratings. Naturally occuring BTX's al­ BTX's-benzene, toluene, or xylene. The first ready present in gasoline would be limited to Mr. PURSELL. Mr. Speaker, I would like to is a clean and efficient method for increasing the following amounts: benzine-1 percent to­ take this opportunity to pause and comment the octane ratings in gasoline. The other lulene-3 percent and xylene-3 percent by on the career of a woman from my hometown raises potentially serious health consequences weight. of Plymouth-Ellie Graham. for Americans because benzene is a proven I urge all my colleagues who are concerned Mrs. Graham is retiring from her work at the carcinogen and toluene and xylene are sus­ about the environmental health consequences Observer & Eccentric Newspapers this month pected carcinogens. of BTX's and the future of the ethanol industry and I believe it fitting to comment on her out­ Because BTX's are naturally present in gas­ to support this legislation. standing work and dedication as a community oline and a by product of petroleum refining, journalist. the major oil companies during the past year Mrs. Graham went to work at the Observer have tended to invest in the development of HONORING BERTRAND E. Newspapers in May of 1967. Then headquar­ STX facilities rather than turn to ethanol as an STEWART, JR. tered in Plymouth, she was no stranger to the octane enhancer for gasoline. The increased community-having raised her family there use of BTX's, however, raises several poten­ HON. VIC FAZIO and having been active in Plymouth events. tial health concerns. The carcinogenic conse­ OF CALIFORNIA Ellie spent most of her time working on the quences of BTX's are currently being investi­ IN THE HOUSE OF REPRESENTATIVES central copy desk until 1976, when she gated by EPA, OSHA, and other Federal and became the suburban life editor of the Plym­ State agencies. Recent cancer biopsies from Tuesday, January 21, 1986 outh edition. This was a natural role for a animal studies show that benzene causes leu­ Mr. FAZIO. Mr. Speaker, I would like to pay woman who already was involved with the kemia, and a variety of other cancers includ­ tribute to a good friend and outstanding civil Plymouth Symphony, the Plymouth Historical ing lymphoid cancers, cancers of the skin, servant, Mr. Bert Stewart, Jr. After nearly four Society, Plymouth Fall Festival, and other or­ ovary, oral cavity lip, tongue, lung, and mam­ decades of distinguished service in the Feder­ ganizations. mary gland. al work force, Bert retired on December 31, The distinguishing part of Mrs. Graham's While it appears that the regulation of BTX's 1985. work is her dedication to the community and would have positive health benefits, it is also Bert enjoyed an exemplary career as a civil the people who live there. It is rare to find a apparent that their limitation, or even com­ servant. His 38 years of service featured nu­ community journalist who, beyond writing plete phaseout, would have positive economic merous honors that highlight the outstanding about a town's people and their events, takes consequences for our depressed agricultural contributions he has made to our Nation. In- January 21, 1986 EXTENSIONS OF REMARKS 209 eluded in this list of accomplishments is his will ask Congress once again for a major in­ [From The New York Times, Jan. 19, 19861 selection as the California Air Force Associa­ crease in defense. Star wars is sacrosanct, "THE FALL OF THE HOUSE OF BINGHAM" tion's USAF Civilian of the Year in 1982, the leaving an innovative and stable deterrent­ [By Alex S. Jones] Air Force Award for Meritorious Service in the Midgetman-open to slashes. Readiness Lou1sv1LLE, KY.-"lt's a sad day for all of 1984, and the Commander-in-Chief's Installa­ and spare parts and manpower will suffer. us," said Paul Janensch, executive editor of tion Excellence Award in 1985. Simply put, This will leave us in the uneviable position of The Courier-Journal and The Louisville these awards recognize Bert's willingness to having a 600-ship Navy without the personnel Times, hoarsely addressing several hundred tackle a variety of demanding leadership posi­ to staff it. somber co-workers who had jammed the tions and the challenges that accompany Our national debt is a gun pointed at the company cafeteria to consider their uncer­ them. heart of our economy, of that there is no tain future. It was 3 P.M. on Friday, Jan. 10, Furthermore, as Deputy Director of Mainte­ doubt. But we are heartless if we continue to the day after the abrupt announcement nance since 1976, Bert played a key role in waste human potential. And what does the that the Bingham family, the glamorous and tortured clan that had owned the news­ revitalizing McClellan Air Force Base. In fact, administration do? It hides behind Gramm­ papers for almost 70 years, was selling out. his efforts were instrumental in turning McClel­ Rudmann. We should all remember: you can The decision to sell was a shock, but not a lan into the most progressive center in the lo­ run, but you can't hide. surprise. For two years the staff · had gistics command system. While these leader­ There has got to be a better way to deal watched as the Binghams warred with each ship skills will be sorely missed, I am confi­ with our economic and fiscal difficulties. That other over the family holdings. Finally, in dent that his efforts have helped build a solid is the challenge both the executive and legis­ desperation, Barry Bingham Sr., the 79- framework for the continued growth and suc­ lative branches of Government face in the year-old patriarch, decided to sell, hoping cess of McClellan. next few months. that his decision would somehow bring a semblance of peace to the family. What it Mr. Speaker, it has been a great pleasure to brought initially was a blistering accusation work with Bert over the years. He has been a THE BINGHAM FAMILY EMPIRE of betrayal from Barry Bingham Jr., the son tremendous asset to the Federal Government, who has run the family companies since the McClellan Air Force Base, and the Sacramen­ SELF-DESTRUCTS early 1970's. to community. On this special occasion, I Barry Jr. resigned in anger and was in the would like to extend my personal thanks and HON. CARROLL HUBBARD, JR. cafeteria to speak. "In my proprietorship appreciation to Bert, his wife, Willodean, his OF KENTUCKY here," he said, "I've tried to operate these companies so that none of you would be son, Fendley, and his daughter, Marcia. I wish IN THE HOUSE OF REPRESENTATIVES ashamed of the man you work for." them all the very best of luck! Tuesday, January 21, 1986 When he had finished, the employees rose Mr. HUBBARD. Mr. Speaker, on January 10, as one in a standing ovation. Many wept. GRAMMBO But the applause was not entirely for Barry 1986, the headline of the Courier-Journal, a Jr., it was also for his stand against selling. Louisville, KY daily newspaper read: " Bingham And the tears were for themselves, for the HON.THOMASJ.DOWNEY family to sell newspapers, other holdings." uncertain future of the newspapers, for the OF NEW YORK Thus it was officially announced that the tragedy of the Binghams and for the pass­ ing of an era. IN THE HOUSE OF REPRESENTATIVES family of Barry Bingham, Sr. , would be selling the media empire the Bingham family had ac­ News of the sale prompted a flood of ex­ Tuesday, January 21, 1986 cumulated during the past three generations. pressions of grief, mostly from Kentuckians, mourning the end of the Bingham steward­ Mr. DOWNEY of New York. Mr. Speaker, The decision to sell was received by many ship. Under the Binghams, the Courier­ now that OMB has informed us of the cuts Kentuckians with mixed emotions and reac­ Journal won eight Pulitzer Prizes, establish­ which are necessary to meet the requirements tions. ing the newspaper as one of the finest in of the Gramm-Rudman budget balancing Another lead story in the January 10 edition America. act-or "Grammbo" for short-we can exam­ of the Courier-Journal on the the top-half of For large families struggling with the ine what exactly wasteful Government spend­ the front page read: "State's leaders are sad­ problems of multi-generational ownership ing is. dened by decision." Typical of the long-stand­ of a business, the saga of the Binghams and What is wasteful spending? Spending on ing one-sided news coverage by the giant their failure to hold together was particu­ larly poignant. And for the dwindling wasted youth is a waste. The cuts in the alco­ Bingham media, the reporters for the Bingham number of families still operating their own hol, drug abuse and mental health administra­ morning newspaper quoted a few Kentucky newspapers, the news from Lousiville was tion and juvenile justice and delinquency pre­ leaders expressing their dismay at the deci­ chilling. vention programs clearly demonstrate this. Is sion by Barry Bingham, Sr., to sell the Courier­ For the proud Binghams-a clan of south­ the First Lady aware of these planned cuts in Journal, the Louisville Times, WHAS radio, ern patricians who are often compared to her pet project? Let's not kid ourselves: photo WHAS-TV, and Standard Gravure, the printing the Kennedys because they share a history ops and press events that highlight the perils company. of tragic death and enormous wealth-the of drugs are welcome. But refining an image Indeed, there are tens of thousands of Ken­ pain of selling was redoubled because it may have been avoidable. It is not financial at the expense of America's wasted youth is tuckians who are overjoyed with the news that duress forcing the sale, but implacable an outrage. the Bingham family will no longer control the family strife, as ancient as the struggle be­ After the year of the crash we are informed news in Kentucky. tween Cain and Abel. that air safety must be cut. I humbly submit In fact there are tens of thousands of con­ A week of interviews with the key family that draconian cuts in the FAA budget, includ­ stituents in my 24-county western Kentucky members, with many of their employees and ing the elimination of air traffic controllers, is district who look forward to the time when the with their friends has revealed the details of not the way to promote the general welfare. Louisville newspapers are owned by a corpo­ the Bingham family feud. From the inter­ The American dream, a good job and a ration or individuals who will give our portion views comes a portrait of a family both hugely blessed and critically flawed, a home, is wasteful. The Federal Housing Ad­ of the State fair news coverage. family caught in a dispute that it was ministration will be sold-merger mania has For several days I shall share with my col­ unable to resolve. hit the Feds-and the Job Corps will be leagues in the 99th Congress and later with "It became increasingly clear that there gutted. Perhaps we don't need a trained work my constituents the news coverage about the was just no way out of the emotional tangle force to compete with nations like Japan and Bingham empire which has so boldly been we'd fallen into," Barry Sr. said. "In bring­ West Germany for jobs. printed by newspapers that do not fear the ing up my children, I somehow did not get Education spending is a waste. Guaranteed Bingham empire of Kentucky, including such across to them that people have to make student loans, aid to the handicapped, block outstanding daily newspapers as the New compromises." In the drama, there is no single villain, grants, bilingual education, and vocational and York Times and the Washington Post. nor a hero or healer who might have adult education will all be severely hit. A mind, First from the New York Times of last bridged the gulf of distrust and anger. In it seems, is not such a terrible thing to waste. Sunday, January 19, a lengthy news article the end, a powerful gridlock developed What does the President consider not to be written by Alex S. Jones and headlined "The among the three Bingham children-Barry a waste? Weapons, of course. The President Fall of the House of Bingham": Jr., Sallie and Eleanor. Their parents, con- 210 EXTENSIONS OF REMARKS January 21, 1986 vinced that no amicable way could be found amendment requiring a balanced budget by ited deployment to 50. The President to keep the business in the family, elected 1991, a House-passed bill to reform the tax wanted military aid for Nicaraguan rebels, to sell all the holdings. It was a decision code by reducing the top individual tax but settled for only non-military aid. He was that Barry Sr. said he made now so that he rates while repealing many deductions, and refused permission to sell advanced arms to and his 81-year-old wife could face the farm bills to continue the present farm pro­ Jordan. He was also forced to change his trauma together. grams for five years and to aid financially policy toward South Africa, and imposed In part, the roots of the crisis may lie in the troubled Farm Credit System. The big­ limited economic sanctions to head off more the family's enormous wealth that allowed gest policy change this session was the slow­ drastic action by Congress. Congress reject­ the Bingham children to grow up in what down in the military buildup after defense ed his campaign stand that deficits would Sallie calls a "golden dream," creating a spending had nearly doubled in the Presi­ solve themselves. My impression is that he generation of Binghams used to their own dent's first term. Defense still fared better made a major mistake by making tax reform way. The parents' insistence on unruffled than domestic programs, which were frozen (instead of deficit reduction) his highest, family relations and their distaste for overt or cut, but military spending grew barely and almost only, domestic priority. emotion left Barry Jr. and his sisters with­ enough to cover inflation. Congress left plenty to do in 1986, includ­ out the need to forge deep relationships My major disappointment this session was ing immigration reform, higher education, a with each other as children-relationships the way Congress did-or failed to do-its new federal retirement system, tax reform, they might have called upon to resolve their work. Congress and the President often a Superfund toxic waste bill, and a civil impasse as adults. leave work to the final days, but this year it rights bill revising the Supreme Court's Running through the Binghams' story are seemed everything had to be resolved in the Grove City decision. Congress passed, but the devastating deaths of two sons. The last week of the session. Five major bills, the President vetoed, legislation restricting death of Worth Bingham, the first-born, summing up the entire year's work, were on haunted Barry Jr., who eventually took over imports of textiles and other items. More the agenda for the final five days: a bill to action on trade is expected in 1986. My stewardship of the newspapers, the role in­ raise the debt ceiling with the Gramm­ tended for his older brother. In recent guess is that 1986 will be a year of increas­ Rudman deficit reduction amendment; a ingly hard choices for Members of Congress. years, Barry Jr.'s devastating sense that he "continuing resolution" to fund half of the was losing the family's confidence seemed to government not funded by appropriations make him dig in his heels so rigidly that he bills already enacted; a "reconciliation bill" invited the decision to sell-perhaps, as restructuring a range of domestic programs FRINGE BENEFIT EXCEPTIONS Sallie says, in an unconscious wish to be de­ to meet new budget targets; an omnibus REQUIRED FOR CERTAIN EM­ livered of his burden. farm bill; and a tax reform bill. PLOYEE USES OF VEHICLES Crowding everything into the last few days is a terrible way to govern. These five THE FIRST SESSION IN REVIEW bills are enormously important, containing HON. HAL DAUB thousands of provisions that affect every OF NEBRASKA HON. LEE H. HAMILTON American. In the closing hours of the ses­ OF INDIANA sion, I asked myself repeatedly why the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Congress is unable to act except in the rush Tuesday, January 21, 1986 to adjourn. The unwillingness of the Con­ Tuesday, January 21, 1986 gress to make a decision until seized by a Mr. DAUB. Mr. Speaker, last year, this Con­ Mr. HAMILTON. Mr. Speaker, I would like to deadline, the cumbersome inefficiency of gress passed and sent to the President, H.R. insert my Washington Report for Wednesday, the process, and the physical exhaustion 1869, legislation to repeal the contemporane­ January 15, 1986 into the CONGRESSIONAL that apparently must set in before adjourn­ ous recordkeeping requirements added by the ment can be reached impressed me more Tax Reform Act of 1984. The repeal of these RECORD: than ever in 1985. THE FIRST SESSION IN REVIEW For example, the budget emerges from a recordkeeping requirements was a significant The first session of the 99th Congress was complex, almost incoherent, and unending step toward eliminating the complexity of tax one of the least productive and most frus­ process. Deadlines are set, then not met; reporting for the business use of automobiles. trating in recent years. Congress enacted debt ceilings are extended for a few days at On the other hand, this bill also reaffirmed our only a few major laws, repeatedly missed a time, then raised at one minute to mid­ intent to require some minimal evidence of deadlines, and often deadlocked to the point night. Last minute, catch-all continuing res­ business expenditures to substantiate busi­ of crisis. It began the year in a fierce parti­ olutions, financial much of the government ness deductions. san fight over Indiana's 8th Congressional and containing thousands of important pro­ District and ended it with all night sessions visions, are made available only hours, Last year's bill, however, was only directed and last minute solutions. It left for next sometimes minutes, before members vote. at one portion of the taxpayer uncertainty re­ year the biggest problem on its agenda: $200 Such procedures are not the best way to lated to the use of employer-provided vehi­ billion annual deficits. govern. cles-recordkeeping. The other portion of the The absence of a clear agenda, antiquated Few ironies are greater than Congress issue which the Ways and Means Committee congressional procedures, sharp disagree­ mandating future deficit cuts, while failing and Congress chose not to address was that ments on the substance of the major issues, to make immediate cuts because it cannot of when does an employee's use of a vehicle and the tough choices those issues pose con­ agree on steps to be taken in the reconcilia­ constitute fringe benefit income? tributed to the poor record. The year was tion bill. The reconciliation bill was Con­ also a potent reminder of the way fiscal con­ gress's best opportunity to do something While commentators and subsequent Treas­ straints remove easy alternatives. Passing about the red ink, but in the end Congress ury regulations have generally tended to com­ out benefits is easier than distributing sacri­ did not do it. From the standpoint of actual bine recordkeeping and fringe benefit issues fices. deficit reduction, the Congress failed in in a singular approach, these areas represent The Congress and the President have 1985. Yet the promise of the Gramm­ two distinct tax policy questions. The question tried to cut taxes, increase military spend­ Rudman amendment is that it will force the of whether a taxpayer should document a ing, retain the safety net to protect the President and the Congress to finance the business deduction and the question of poor, and balance the budget. But they are government without huge deficits. whether an employee has taxable income realizing that these goals cannot be recon­ The President did not have a good year in from the use of a vehicle should in fact bear ciled. The Senate wanted to cut domestic the Congress in 1985. He was unable to programs, including social security benefits; translate his personal popularity into enact­ no relationship to each other. the House ruled out cutting social security ment of his legislative programs. Repeated­ Recently, the Department of Treasury re­ benefits and wanted to cut military spend­ ly, on trade, taxes, foreign policy, the leased proposed regulations in the fringe ben­ ing; the President agreed with the House on budget, and defense, he was on the defen­ efit area. While these regulations manifest a not cutting social security benefits, but he sive, fending off political attacks, and strug­ good faith effort to resolve many of the fringe insisted on more military spending without gling to regain momentum. He certainly did benefit concerns which have been raised, an increase in taxes. The result has been a not control the legislative agenda as he did more can be done. It is my hope that improve­ political gridlock, nearly bringing the legis­ in the first years of his presidency. With his ments can be made through constructive dis­ lative process to a halt, with not one of the budget for 1986 dead on arrival on Capitol top political leaders able or willing to break Hill, he was forced to accept a defense cussions with the Department of Treasury and it. budget that allowed an increase only for in­ through legislation, if necessary. The session's major accomplishments flation. In foreign policy, the President re­ In this regard, I am today introducing legis­ were the enactment of the Gramm-Rudman quested 100 MX missiles, but Congress lim- lation H.R. 4013 which would provide a few January 21, 1986 EXTENSIONS OF REMARKS 211 specific nontaxable fringe benefit uses of vehi­ This year, to fulfill the spiritual aims of thank you for a constituent who retires today cles, as follows: America and of this season, we must surely after serving the State of California for 36 Certain uses of public law enforcement put the quest of peace at the forefront. If years. Mr. Rex N. Griggs is retiring as the Cali­ we give glory to God and earnestly seek and emergency vehicles, Vehicles used by fornia Department of Forestry's regional chief employees who are off duty but on call, Use goodwill among men, we will assuredly meet with success. for southern California after starting his career of certain "special use" vehicles, and Use of at the age of 17 as a seasonal firefighter. farm use vehicles. Christmas has many meanings to people. In the minds of most of us it is a time of Rex Griggs fought fires and drove forestry These exceptions are only a beginning in giving-not of having or of getting. We are trucks and took on other seasonal work while this area. During the coming weeks, I intend indeed more blessed with happiness in attending college until 1955. His career took to work closely with my colleagues who are giving than we are in receiving. him from forestry firefighter foreman and on to interested in this issue and are seeking con­ Christmas is a time of spirituality. In this the Conservation Camp Program. In just 2 structive changes. I hope each of my col­ season we look at our religion-whatever re­ ligion that may be. While acknowledging years, he was promoted to assistant forestry leagues will be able to support this effort. spiritual life to be a fact, we recognize that superintendent at Oak Glen. Through the spiritual attainments may be judged differ­ years, he moved to Los Banos and Riverside ently by various religions. At this season, we while he started his work as a fire prevention DEMOCRATIC RESPONSE TO forget about differences and accentuate our specialist. It's been 20 years since he devel­ THE PRESIDENT'S DECEMBER enthusiasms. Christians celebrate the birth oped fire prevention displays, programs, and 21 RADIO ADDRESS of Christ, but we in no way detract from procedures that remain in active use today. other religions. We Americans are glad that In 1971, Rex Griggs moved to northern Cali­ we live in a nation which is not only sup­ HON. CHARLES E. BENNETT portive of religion and spiritual attain­ fornia to continue his career advancement OF FLORIDA ments, but which is also at the same time before coming to San Bernardino County as IN THE HOUSE OF REPRESENTATIVES supportive of religious freedom. ranger-in-charge and county fire warden for Christmas is a time of faith. It is a time the largest county in the United States. Tuesday, January 21, 1986 when we emphasize what our spirituality In just a little over 1 year from the time he Mr. BENNETT. Mr. Speaker, for the purpose tells us rather than what we reason out by was named assistant deputy State forester for of the RECORD, I submit herewith, the Demo­ intellect. the southern California region, he was promot­ Sometimes we worry about our lack of cratic Party's response which I was honored faith and feel insufficient in our failures. ed to regional chief. His responsibility for the to make on December 21 to the President's But at Christmas, all of us as brothers and Department of Forestry covered the counties radio message of that same date: sisters renew our faith and are grateful for of Inyo, Mono, Ventura, Los Angeles, Orange, The President is certainly to be congratu­ our spiritual roots. San Bernardino, Riverside, San Diego, and lated on his political leadership in moving Christmas is a time of hope-a time for Imperial. He was actively involved in the de­ the tax reform bill this year. So too, is Con­ optimism. Those of us who have experi­ velopment and implementation of the Fire­ gressman <a href="/tags/Dan_Rostenkowski/" rel="tag">Dan Rostenkowski</a>. Together enced failure <and who has not?) need a par­ scope Program, an innovative fire-fighting con­ these two men, Democrat and Republican, ticular time of hope. Christmas is such a trol system. Chief Griggs is widely acknowl­ have moved us forward. time. Hope is of the best of our blessings; edged for his expertise in fire protection and Some further amendments to the bill are for without it we have nothing. needed, however. Democrats would like to Tennyson speaks of "The mighty hopes other emergency services. have a real minimum tax in the bill, so that that make us men!" He was one of three experts sent to Portu­ corporations could not evade their tax duty. Great hopes do not tarry in small souls. gal to advise the Government on methods to Also, dollar-wise, lower-income families did Hope is a part of the spirit of Christmas for improve their wildland fire protection. Acting not fare that well in the bill and we would it is a time of birth-a time of new begin­ with the Agency for International Develop­ hope that this could be improved in the con­ nings. We all need new beginnings. ment, Chief Griggs not only helped improve ference with the Senate. Christmas is above all a celebration of Portugal's fire protection, but put into place an In any event, tax reform, now a real prob­ love. We celebrate a birth described in the exchange program that was educational and ability, should help us get rid of the uncon­ scriptures in terms of love: "For God so scionable loopholes that have existed for loved the world that he gave his only begot­ beneficial to the firefighters of both nations. many years. ten son." Love is the dominant theme Rex Griggs has served the State of Califor­ On the Gramm-Rudman bill, as the Presi­ throughout all our scriptures. In the 19th nia with a long and distinguished career. I dent said, he and the Congress deserve Chapter of Leviticus, the Lord spoke to wish Rex and his wife, Shirley, good health credit for coming to grips with the very seri­ Moses saying: "Thou shalt love thy neigh­ and good luck. ous budgetary problems our country now bor as thyself. While faith may vanish with has. These resulted from excessive spending sight and hope with fruition, love will over many years-but mostly from the always endure, at the heart of the spirit of AN EXPLANATION OF VETER­ President's 1981 tax cut which slashed Gov­ Christmas. ANS' COMPENSATION AND PEN­ ernment revenues but not Government So, at this Christmas season, we Demo­ SION INCREASES AND HEALTH spending. crats, and our Republican colleagues, pledge CARE IMPROVEMENTS The Gramm-Rudman bill can help-but ourselves to join together not only to meet the solutions are not in some quick gimmick our challenges here at home, but also to lay but in thoughtful legislation against exces­ the foundations for lasting peace world HON.FREDJ.ECKERT sive Government. wide. OF NEW YORK The President also spoke of the emer­ This is Congressman Charles Bennett IN THE HOUSE OF REPRESENTATIVES gence of a new foreign policy to help free­ wishing for you, the full blessings of this dom fighters around the globe. Democrats happy season and the joys of faith, hope, Tuesday, January 21, 1986 can buy that policy if it is done consistent and love; knowing full well that the greatest Mr. ECKERT of New York. Mr. Speaker, in with international law. We can hardly criti­ of these is love. Merry Christmas! the recent session Congress approved the cize the Soviets for intervention against es­ tablished governments if we do the same Veterans' Compensation Rate Increase and thing ourselves. It is important for our own EXPRESSION OF THANKS TO Job Training Improvements Act of 1985, and security to support our international com­ REX GRIGGS FOR A DISTIN­ the Veterans' Health Care Admendments of mitments in our treaties and under interna­ GUISHED CAREER AS REGION­ 1985. The President has signed these into tional law. AL CHIEF FORESTER law. I supported those measures and am Now there is yet time to talk about the pleased they are now in effect for the benefit Christmas season, now with us. The Christ­ HON. GEORGE E. BROWN, JR. of our veterans. mas season was heralded 2000 years ago by The Veterans' Compensation Rate Increase the words: "Glory to God in the highest, OF CALIFORNIA and Job Training Act will provi1Je a needed 3.1 and on earth peace, goodwill toward men." IN THE HOUSE OF REPRESENTATIVES percent cost-of-living adjustment [COLA] for The central goal of the season being peace, Tuesday, January 21, 1986 this is even more meaningful this year, so compensation to over 2.2 million service-con­ soon after the Geneva summit and the Mr. BROWN of California. Mr. Speaker, nected disabled veterans and over 300,000 promise of future summits to seek peace. today, I would like to take a moment to say widows and children of veterans who lost their 212 EXTENSIONS OF REMARKS January 21, 1986 lives in service. A similar increase will apply to While the economic recovery has seen the section 121 and inserting in lieu thereof the pension benefits for certain other veteran de­ overall pace of inflation slow, housing costs following: pendents and non-service-connected disabled have continued to remain exorbitant. Indeed "Sec. 121. One-time exclusion of veterans. The 3.1-percent COLA included in Americans are forced to pay taxes on the gain from sale of principal this legislation is equal to the COLA for Social price increases of their homes and other prop­ residence." Security recipients, based on the increase in erties which are the direct result of inflation. <4> Sections 1033(h)(3), 1034<1), the cost-of-living between October 1984 and No homeowner should receive less for their 1038<e><l)(A>. 1250<d>C7><B>. and 6012Cc> of September 1985. The payment of the com­ home than they paid for it due to unfair taxes such Code are each amended by striking out "by individual who has attained age 55". pensation COLA under this legislation is retro­ which have been leveled on it. Until Congress Cc> The amendments made by this Act active to December 1, 1985. can act decisively on legislation to establish a shall apply to sales or exchanges after De­ The extension of the Job Training Act per­ system of indexing capital gains so as to cember 30, 1984 in taxable years ending mits cash incentives to employers who hire avoid these deleterious effects, we should after such date. and train certain long-term unemployed Viet­ protect homeowners from being unfairly penal­ nam-era and Korean conflict veterans. Over ized when they do choose to sell their single 400,000 veterans have applied for participa­ most valuable investment-their home. EVAN BAYH tion and training under the Emergency Veter­ Adoption of this bill would allow Americans ans' Job Training Act since its inception. the freedom to decide at which point in their HON. ANDREW JACOBS, JR. The Veterans' Health Care Admendments lives they could best utilize the one-time ex­ OF INDIANA of 1985 will make it easier for veterans to get clusion. For a young family making the move IN THE HOUSE OF REPRESENTATIVES medical care in non-VA facilities and will im­ from their starter home to a larger residence, prove the quality of care in VA medical facili­ extension of the one-time exclusion could help Tuesday, January 21, 1986 ties. These are the chief provisions: them realize their dreams. The bill is equally Mr. JACOBS. Mr. Speaker, the following In­ Requires the VA to monitor and evaluate advantageous to single, recently divorced, or dianapolis News article about our friend, Evan the quality of its health care and requires the recently widowed homeowners who need Bayh, is a nostalgic tonic to all of us who en­ inspector general to monitor the quality assur­ access to the capital and/or cannot afford to joyed the fellowship of our former colleague ance program. maintain a multiperson residence. Birch E. Bayh of Indiana. Expands the number of geriatric research, H.R. 3912 would also have the direct effect The story of this outstanding Hoosier family education and clinical centers from 15 to 25. of freeing up the housing market in cases is a story of excellence and the warmth of Permits veterans receiving nursing home where homeowners a few years under 55 are human concern. care to be eligible for VA outpatient care for holding onto their residences so as to be able The article follows: up to 12 months following discharge from a to take advantage of the one-time exclusion. [From the Indianapolis News, Jan. 9, 19861 hospital. This increased availability would in turn foster EVAN BAYH-HIS PARENTS SET THE Extends eligibility for health care for veter­ lower cost housing and enel:>le those who STANDARDS HIGH ans exposed to the herbicide agent orange could not previously afford to own their own <By Nelson Price> through fiscal year 1989. home an opportunity to do so. The style. Increases from $35,000 to $50,000 the Mr. Speaker, I urge the Ways and Means That is what hit you first about the maximum coverage of the serviceman's group Committee to consider this legislation in a father- an aw-shucks campaigner with a life insurance programs and make the insur­ timely manner. I commend H.R. 3912 to my flair for flesh pressin', winkin' his blue eyes ance available to the Reserves and inactive colleagues' attention for their support and and slippin' in stories about the Hoosier ·National Guard. insert the text in full at this point in the hogs at his Shirkieville farm. Directs the VA to set up a pilot program of RECORD. The style. chiropractic services to veterans who received H.R. 3912 That is what hit you about the mother-a treatment in a VA hospital in the previous 12 poised, polished perfectionist who charged A bill to amend the Internal Revenue Code through public appearances with chin up, a months for neuromusculoskeletal condition of of 1954 to eliminate the age requirement polite smile and, as her husband used to say, the spine. for eligibility for the one-time exclusion of "a 100-mile-per-hour engine in a 30-mile-per­ Mr. Speaker, I am committed to supporting gain from the sale of a principal residence hour chassis." legislation such as these measures that pro­ Be it enacted by the Senate a·ttd House of The style. vide adequate benefits in health care for the Representatives of the United States of That is what hits you about their son, a veterans of our wars, particularly those with America in Congress assembled, That <a> young man described by lifelong acquaint­ service-connected disabilities and those in the section heading and subsection <a> of ances as respectful, well-groomed and cour­ need. Medical services and compensation to section 121 of the Internal Revenue Code of teous almost from the day he could form his 1954 <relating to one-time exclusion of gain first word. veterans are obligations and debts which the from sale of principal residence by individ­ "He is very much his mother's son, far U.S. Government must maintain at adequate ual who has attained age 55) are amended more like Marvella than Birch," observed levels during these trying years of necessary to read as follows: Larry Conrad, former Democratic secretary budgetary readjustment. "SEC. 121. ONE-TIME EXCLUSION OF GAIN FROM of state whose friendship with the Bayh SALE OF PRINCIPAL RESIDENCE. family stretches back to Birch's first U.S. "(a) GENERAL RuLE.-At the election of Senate campaign in 1962. "Evan has always GILMAN LEGISLATION EXTEND­ the taxpayer, gross income does not include been unfailingly polite, kind of the perfect ING THE CAPITAL GAINS EX­ gain from the sale or exchange of property child, the kid you always hoped your own CLUSION FOR ALL HOMEOWN­ if, during the 5-year period ending on the children would behave like." ERS date of the sale or exchange, such property Birch Evan Bayh III, known as Evan, lives has been owned and used by the taxpayer as in an immaculate downtown condominium his principal residence for periods aggregat­ with furnishings that include a framed print HON. BENJAMIN A. GILMAN ing 3 years or more." of the signing of the Declaration of Inde­ OF NEW YORK <b><l> Paragraph <l> of section 12l<d> of pendence and a sign on his desk that insists IN THE HOUSE OF REPRESENTATIVES such Code <relating to special rules> is "Something Good is Going to Happen to amended by striking out "age, holding, and You." Tuesday, January 21, 1986 use" each place it appears and inserting in None of this, however, is what you notice Mr. GILMAN. Mr. Speaker, I have recently lieu thereof "holding and use". first. introduced legislation to allow all homeowners (2) Paragraphs (2) and <3> of section Second only to his startling good looks the option to keep, tax free, up to $125,000 12l<d> of such Code are each amended by Cone local Republican gripes that Evan and striking out "subsection <a><2)" each place it his blonde bride "remind me of Ken and from the profit from the sale of a principal res­ appears and inserting in lieu thereof "sub­ Barbie dolls") you notice the framed photo­ idence. My bill, H.R. 3912, extends the current section <a>". graphs. eligibility for the one-time capital gains tax ex­ <3> The table of sections for Part III of There is Marvella Bayh with Birch, Mar­ clusion from those 55 years of age and older, subchapter B of chapter 1 of such Code is vella with Lyndon Johnson, Marvella by to homeowners of all ages. amended by striking out the item relating to herself, Marvella in profile. January 21, 1986 EXTENSIONS OF REMARKS 213 Marvella. tell he has the talent and the mind to Although Mrs. Bayh, wrote that Evan With mention of her name, young Bayh's handle public office." begged his father not to run for president in voice softens. He talks extensively about his "The public is intelligent" Evan says. 1972 [Birch bowed out after the diagnosis of trip to Scandinavia and the Soviet Union, a "People are not going to vote for you be­ Marvella's breast cancer), young Bayh jaunt shared just by the two of them. cause of who your parents are. stresses that he enthusiastically supported "It is a special journey between two com­ "I'm very proud of my father, but the the 1976 attempt-and even left I.U. for a patible friends," his mother, a second-gen­ issues he confronted-and the world he semester to campaign. eration Norwegian, wrote in an autobiogra­ served as a public official-were much dif­ Noting that Birch finished second only to phy published posthumously in 1979. ferent than the ones today. My father and I an unknown named Jimmy Carter in Iowa. Evan points out that relatives of his wife share many values, but we differ somewhat Evan says he still believes if Bayh had en­ Susan, a Pasadena, Calif., native, met his on the way to achieve them." tered the race a few weeks earlier-and mother at the 1968 Democratic national Is that a way of saying he is more conserv­ pushed a smidgen harder-the outcome convention. ative than Birch Bayh? <and, perhaps, national history) would have He volunteers that, to acquaint his wife "More moderate, I guess," he responds, changed. Susan <they were married in April) with pointing to his college major <he graduated Stung by the loss, Evan signed up as a Marvella roots, they traveled over the from Indiana University in 1978 with a deck hand on an American freighter bound Thanksgiving holiday to the Enid, Okla., degree in business) as a possible explana­ for Germany. farmlands where she was raised. tion. "On the whole, though, I think ideo­ "People don't realize this, but I am no He notes that, because so much of his logical labels are meaningless. If anything, stranger to hard physical labor," he said, mother's adult life was spent in the glare of call me more of a pragmatist. noting he worked heavy construction jobs press conferences and talk shows, he owns "Even though I tend not to be partisan, I during summers as a teen-ager. an array of videotapes with her answering think having different points of view in the A tackle on the St. Albans football team, questions, greeting the public or crusading Statehouse is crucial. We have had just one Evan considered suiting up in the mid-1970s against the disease-cancer-that ultimately point of view <Republican> in almost all for Lee Corso, then I.U.'s football coach. overtook her. state offices for too long." "I have a lot of interests, and we both Momentarily surprised, a visitor blurts Born in Terre Haute, Evan Bayh moved to enjoy meeting people," Evan says, referring out. "Can you bear to watch those tapes?" Washington at age 7 when his father to his father. "Maybe it is true, that I am Evan's lower lip trembles and, for only a stunned Indiana politicians by narrowly de­ more reserved than he is. He is easy-going, moment or two, the formality falters. f eating Republican Sen. Homer Capehart. and I tend to be a perfectionist, to pay at­ "I can't look at them without getting all Educated at St. Albans, a private prep tention to the details." choked up," he confides, and his eyes mist. school near the nation's capital, Evan's Observing Evan on the campaign stump "It's been more than five years, and I still classmates included Marvin Bush, son of last May, Ed Ziegner of The News wrote, can't do it. Vice President George Bush. "You know what really hurts? It's when Young, energetic and handsome, Birch "There was no 'raw meat' in the speech, you hear the voice. The voice can really get and Marvella were linked closely with the something which the elder Bayh almost to you ..." Kennedys <particularly after a 1964 airplane always got in . . . <Evan> needs more rap­ He stops and struggles for control. accident in which Birch pulled Ted Kenne­ port with his audience, some jokes to toss in "Evan is a gentle person," said Sally Kirk­ dy from the wreckage and was credited with here and there. He is a bit too sober-sided.'' patrick, former aide to ex-Rep. Dave Evans, saving the senator's life) and the Lyndon "I think I've.livened up since then," Evan D-Ind., and press secretary to John Liven­ Johnsons. responds. "For someone to expect me, at age good, chairman of the Indiana Democratic Intertwined with the glamor, however, 30, to be the same finished product as my Party. were bouts with tragedy. In Oklahoma, father, well, that's a bit rough on me. If I "But I don't think gentleness or compas­ Evan's maternal grandfather slid into alco­ came across as a jokester, people would say, sion should be confused with weakness. He holism, married a second wife younger than "Who does this young guy think he is?' " is firm in knowing what he wants." daughter Marvella, attempted suicide and Asked about political aspirations, Evan What Evan Bayh wants, at age 30, is to be eventually succeeded, shooting his bride and says, "I have no agenda beyond secretary of secretary of state. An attorney with the In­ himself in a scandal that became front-page state. I have seen too many people in the dianapolis firm of Bingham, Summers, news in Indiana. public eye become captives of their ambi­ Welsh & Spilman, he has been spending In her autobiography, Marvella Bayh re­ tion." many of his evenings and weekends on what counts her fatht!r's first suicide attempt, He also rules out further attempts at politicos call the rubber-chicken circuit. when he gulped down the contents of a public office by his father. Now married to a Indiana politicians say Evan Bayh could jumbo-sized aspirin bottle-while she and 6- former ABC News official and the father of be the only bright spot on a Democratic year-old Evan were visiting. 4-year-old Christopher, Birch Bayh is an at­ ticket that still has no announced challeng­ "My mind was a tug of war, torn between torney in private practice in Washington. er to U.S. Sen. Dan Quayle. loves and responsibilities a thousand miles Birch Bayh was best man at his son's wed­ Gordon Durnil, chairman of the Indiana apart," she wrote, referring to her father's ding. Although Marvella wrote extensively Republican Party, professes not to be wor­ demands and the duties of a politican's wife. about her husband's absences from family ried about young Bayh: "Evan, at 6, standing behind me in that car, activities because of his rigorous agenda, "His father never won an election by any proved to be of enormous comfort. Evan shares different memories: large margin, and, in fact, was defeated the "When he discovered I had left our suit­ "I remember when there would be only last time he ran <by Quayle in 1980). Plus, case at Mother's house, when we couldn't two parents at a Little League game-and the liberal perception of his father might be find a place to spend the night, when my he would be one of them. I never felt ne­ more of a negative. double vision <caused by an earlier car glected. "Indiana voters are more Republican and crash> came back as it got dark and I began "We talk on the phone all the time. more conservative now than they were. I to panic. Evan said, "Now, it's going to be all Mostly about fundamental values, about want to add that we're not like the South, right, Mother. Don't worry. And he kept how all-consuming public life can be, about where there are political dynasties based on patting me on the shoulder, like my father how nothing is worth neglecting your name. You don't just get Indiana votes would have done.'' family." based on a last name." Asked about his grandfather, Evan says Susan Bayh, an associate with the Indian­ On that final point-and that point simply, "His life was a tragedy in the truest apolis law firm of Barnes & Thornburg, says alone-Evan Bayh concurs. sense of the word.'' she enthusiastically supports Evan's candi­ "You can't be propped up by someone As the son of a controversial politican. dacy. else," he insists. "I intend to work for this, Evan also learned to cope with-although "When you marry someone, you marry and I intend it earn it. he says he never accepted-vituperative at­ the whole person," she explained. "Part of "My father has not made one phone call tacks on his father. Here is Marvella's ac­ that person is his aspirations and dreams." or one contact on my behalf-at my re­ count of one such incident, which occurred "People sometimes say to me, "No one can quest." while she and Evan were home alone watch­ be polite all the time,' " Evan concedes. "I But what if he were Evan Smith? ing TV commentator Eric Sevareid laud do have moments where I fall short. Wouldn't his odds-and his starting base of Birch as a "Midwestern John Kennedy": "But growing up in the public eye, you campaigning for a top state office-be dif­ "The phone rang, and Evan answered it. A always know that you are a reflection of ferent? man's voice said. 'You tell your father that your parents. I never wanted to let them "He is Evan Bayh," Conrad counters. if he is going to be a Midwestern JFK, I am down.'' "You can't change who you are. That argu­ going to be another Lee Harvey Oswald,' There is silence for a moment, and you ment is petty. Anybody who meets Evan can and hung up." suspect his thoughts have strayed. 214 EXTENSIONS OF REMARKS January 21, 1986 Evan Bayh is staring at the pictures on It is with great pleasure that I bring to the CHRISTMAS GIFTS ARE STILL the wall, the photographs of a delicate but attention of my colleagues the highlights of BEING PASSED OUT driven woman. A woman who won honors for courage, whipped her husband in college Mr. Gilbert's long and distinguished career. speaking contests, coped with car wrecks, a A veteran of 2112 years in the 99th Infantry HON. FORTNEY H. (PETE) ST ARK Division in Europe and an alumnus of Stevens plane crash and cancer-and shaped a son. OF CALIFORNIA Institute of Technology, Mr. Gilbert has lived an eventful life. He has tirelessly devoted his IN THE HOUSE OF REPRESENTATIVES CONGRESSIONAL SALUTE TO energies to countless civic, charitable, and po­ Tuesday, January 21, 1986 THE UNITED STROKE FOUNDA­ litical organizations. TION OF LONG BEACH, CA Mr. STARK. Mr. Speaker, last week the Na­ In addition to his tenure on the Secaucus tional Highway and Traffic Safety Administra­ Council, Mr. Gilbert has served as secretary to tion [NHTSA] proposed an extension of the HON. GLENN M. ANDERSON the board of adjustment, former chairman of corporate average fuel economy standard OF CALIFORNIA the town's Green Acres Program, chairman of [CAFE] at the demand of General Motors and IN THE HOUSE OF REPRESENTATIVES the local Red Cross campaign, regional chair­ Ford Motor Co. As you know the initial roll­ man of the Red Cross, vice chairman of the back came last fall upon their earlier cry, that Tuesday, January 21, 1986 Cancer Fund, and Heart Fund chairman. He for financial reasons they couldn't meet the Mr. ANDERSON. Mr. Speaker, I rise to pay has been a devoted member of the American law. And, once again General Motors and tribute to the United Stroke Foundation's Legion memorial post 118 and former national Ford used this excuse to get NHTSA's most branch in Long Beach, CA, which will be cele­ vice commander of the Catholic War Veter­ recent proposal. brating its sixth anniversary at an installation ans, U.S.A. NHTSA announced the proposal last week. dinner on January 30. He is married to the former Vera Klink and This was the same week in which many Six years ago, 32 residents of Long Beach a member of the accounting staff of Scholas­ began to feel the real effects of the Gramm­ joined together to form the first branch of the tic Magazine, Inc. Rudman-Hollings Deficit Act. It is no wonder United Stroke Foundation. With the parent or­ Mr. Gilbert has been a dedicated public then that the administration failed to report ganization located in Los Angeles, the Long servant for these many years. He richly de­ that these car manufacturers-which showed Beach branch was asked to serve as a model serves the recognition being bestowed upon their most profitable years ever last year­ for future branches and established them­ him and I am pleased to join in the tribute to would owe the Federal Government over half selves as an autonomously functioning branch him. a billion in fines were the rollback not granted. of the United Stroke Foundation. At the same time that most of the Federal Because a stroke can have a dramatic Government is being asked to make drastic impact on the emotional well-being of the at - TRIBUTE TO GARDNER L. cuts in their budgets as a result of Gramm­ fected person and his family, the Long Beach HUTCHINS Rudman, the administration is considering branch of the United Stroke Foundation has over a half a billion dollar gift to General endeavored to help patients and their families Motors and Ford. cope with these feelings and has provided HON. TONY COELHO The CAFE standards were established in ;e­ hope, support, understanding, and encourage­ OF CALIFORNIA sponse to the Arab oil embargoes and the re­ ment. All these services are provided at no sulting energy crisis in the United States in the IN THE HOUSE OF REPRESENTATIVES cost to the patient or his family. mid-seventies. They were primarily created for The program in Long Beach began with a Tuesday, January 21, 1986 a better national energy conservation policy number of stroke patients from the veterans Mr. COELHO. Mr. Speaker, next month, Mr. and to ease our dependence on foreign oil. hospital, and has grown to serve over 200 pa­ Gardner L. Hutchins will retire from his posi­ Not only has the Transportation Department thrown this energy conservation policy by the tients in its 6 years. The group helps patients tion as chief administrative officer for the find their way back into the mainstream of so­ wayside, it's right hand obviously doesn't County of Stanislaus, CA, after 20 years of ciety after they suffer a stroke. Following com­ know what the left hand is doing. On one service to the county. pletion of the United Stroke Foundation pro­ hand, air traffic safety will have millions cut During World War II Gardner served in the gram, the patients are encouraged to join a from their budget, as will the Coast Guard and stroke activity center which focuses on activi­ U.S. Air Force with valor. He continued to many others under the DOT. Yet DOT has ties and events for stroke patients. serve in the Air Force until 1963, when he ac­ found it in their hearts to seriously consider In its 6 years, the Long Beach branch of the cepted a position as senior safety representa­ granting these profitable car manufacturers a United Stroke Foundation has helped many tive for the State compensation insurance half a billion dollars relief in fines. patients and their families recover from the fund in Stockton. In 1966 Gardner began his emotionally stressful stroke experience. My career of service to the County of Stanislaus wife, Lee, joins me in saluting the fine work of as the county's safety and civil defense coor­ STILL NEED FOR TAX REFORM the officers and members of the United Stroke dinator. Over the years he has held such posi­ Foundation's Long Beach branch and in wish­ tions as county librarian, principal administra­ HON. HOWARD COBLE tive analyst, acting mental health director, and ing them continued success and all the best OF NORTH CAROLINA in the years ahead. acting hospital administrator. In 1975 Gardner was appointed to the position of deputy ad­ IN THE HOUSE OF REPRESENTATIVES ministrative officer for the county, and in 1979 Tuesday, January 21, 1986 H. ROGER GILBERT RETIRES he accepted the position he now holds, chief Mr. COBLE. Mr. Speaker, the consideration administrative officer. of tax legislation consumed the House of Rep­ HON. ROBERT G. TORRICELLI Gardner has also been active in several resentatives during the last 2 weeks of this OF NEW JERSEY local community service organizations. He is a last session of Congress, and I fear that we, member of the Modesto Rotary Club, the IN THE HOUSE OF REPRESENTATIVES as Members, permitted the tail of "reform" to American Legion, and the Elks Club. He is wag the dog. Tuesday, January 21, 1986 also a member of the California County Ad­ The well-intentioned advocates of tax Mr. TORRICELLI. Mr. Speaker, I rise today ministrative Officers Association and the Na­ reform, including the President, Members of to recognize a distinguished individual who tional Association of County Administrators. Congress, leaders of business and industry has been deemed a friend of progress and of On behalf of the citizens of Stanislaus and taxpayers throughout the country, often the people. Mr. H. Roger Gilbert is retiring County, I would like to extend my deepest ap­ plead the case for reform using words such as after eight consecutive 2-year terms as coun­ preciation to Gardner Hutchins for the dedicat­ "historic" and "revolutionary." Although we cilman of the second ward in Secaucus, NJ. ed service he has given to our county over struggle with issues that inevitably divide our On January 25, 1986, a retirement dinner will the last two decades. I wish him continued people, I'm sure all Americans might agree be held in his honor. health and happiness in his retirement. that our system of taxation should be fair and January 21, 1986 EXTENSIONS OF REMARKS 215 simple. To achieve these goals would truly be percent, compared to the 38 percent bracket THE TAX BILL historic and revolutionary. in H.R. 3838. While shifting $11 O billion in The House recently approved the most In the closing days of this session, we were taxes from individuals to corporations, it would sweeping tax-overhaul bill in four decades. lured by the appeal and attraction of the not have placed an additional $30 billion on A few months ago many were declaring the ideals of fairness and simplicity when, actual­ the back of our expanding economy as the package dead, and even in the final few days ly, those qualities were absent. In the dark of committee bill did. Moreover, unlike the com­ before passage its outcome was very uncer­ night, pressed by the clock, we yielded to the mittee bill, the Republican alternative con­ tain. Its passage by the House ranks as a temptation of a bill presented to us in haste major legislative achievement. tained a "super minimum tax," thereby ensur­ Overall, the package would cut back tax by the House Ways and Means Committee ing that all individuals and corporations pay preferences enjoyed by some, in order to which was said to be fair and simple; it was some tax. In a study comparing the two bills, reduce tax rates for all. The primary benefi­ neither. taxpayers who earned less than $75,000 a ciaries are individuals, as the number of tax A bill containing more than 1,300 pages, of­ year received better treatment from the Re­ brackets would be cut from 14 to 4, and the fered to supplement hundreds and hundreds publican alternative. While the House voted it maximum rate reduced from 50% to 38%, of other pages of statutes and regulations, down, this was the better bill. the lowest since 1931. For business, the layer upon layer since 1954, cannot be said to The complicated process of passing tax leg­ maximum tax rate would drop from 46% to offer simplicity. If it contains elements of fair­ islation was itself taxing. Arguments on every 36%, the lowest since 1941. Graduated rates would be provided to small businesses, as ness, then Members should be given a fair side were mixed with personalities, personal opportunity to examine every page. Instead of well as a simplified accounting method. In loyalties, and any number of conflicting sig­ exchange for the lower rates, various tax the necessary deliberation, Members were ex­ nals from our constituents. As the process preferences would be reduced, primarily on horted to "just pass something" before ad­ continues, I counsel more deliberation so that the business side. The largest are acceler­ journment and "get it over to the Senate" we can come closer to those elusive and ated depreciation, saving $25 billion over 5 where problematic portions of the bill could be sometimes illusory goals of fairness and sim­ years, the second-earner deduction ($27 bil­ addressed. plicity. lion), the completed-contract method of ac­ Further, while the committee dropped plans counting <$50 billion>. and the investment to change the tax treatment of such items as tax crecit <$120 billion>. The bill preserves insurance inside interest buildup, State and TEYON McCOY WELCOMED TO the major deductions of individuals, includ­ local tax deductions, and employee benefits, THE UNIVERSITY OF MARY­ ing those for home mortgage interest, state these positive measures do not outweigh the LAND BASKETBALL PROGRAM and local taxes, and employer-provided health benefits. bill's weaknesses. H.R. 3838 is not a profami­ Although I was not happy with every pro­ ly, progrowth tax bill. It denies a $2,000 per­ HON. ROY DYSON vision in the 1379-page House bill, and was sonal exemption for those who do not itemize. OF MARYLAND concerned about its restrictive floor proce­ New dollar limitations are imposed on invest­ dure that did not allow separate votes on ment retirement accounts [IRA's] and 401 (k) IN THE HOUSE OF REPRESENTATIVES the major policy issues, I supported it on savings plans. The bill repeals the investment Tuesday, January 21, 1986 final passage. The proper basis for compari­ tax credit and radically revises depreciation Mr. DYSON. Mr. Speaker, I would like to son is between the bill and present law, not rules, which will make America less produc­ bring to the attention of my colleagues the up­ between the bill and other tax reform pro­ tive. The U.S. Chamber of Commerce and the posals. In my judgement, the House package coming addition of Teyon McCoy to the Uni­ is an improvement in fairness and simplicity National Association of Manufacturers point versity of Maryland basketball program. over current law, in several ways. out that implementation of H.R. 3838 will sig­ While some of us in Maryland may not be First, it helps the beleaguered middle nificantly lower economic growth. Because the familiar with Teyon's sharp shooting and domi­ class, whose tax burden has grown sharply Senate has yet to consider the bill, it will prob­ nating defense, his heroics are well known by in recent years. The bill shifts $141 billion ably not be sent to the President until the fall high school basketball players and coaches in taxes from individuals to corporations of 1986. This will create a planning nightmare throughout the State of Indiana. over the next 5 years. More than half of the for all businesses, increasing the possibility of At 6 feet 1 inch, Teyon plays point guard, a bill's tax relief goes to taxpayers earnings between $20,000 and $75,000. Families a recession. position well suited to his extraordinary quick­ On two occasions, I was given the opportu­ making between $20,000 and $30,000, for ex­ ness and superb ball-handling skills. ample, would on the average get a 10% tax nity to vote on the rule for the consideration Hailing from Bishop Noll High School in cut. of the Ways and Means Committee bill. I Hammond, IN, Teyon is the proud recipient of Second, more than 6 million families voted "no" each time because we were not the BC All-Star Camp outstanding player below the poverty line will no longer pay providing this House with ample time to study award and the leading candidate for "Mr. Bas­ income taxes. They generally did not pay the alternatives before us. ketball" in Indiana. taxes in the 1970s, but have begun to since. Now that the Ways and Means Committee As T eyon prepares to tackle both books This will take pressure off welfare pro­ bill, H.R. 3838, has passed the House, I do and basketball at the University of Maryland, I grams, plus give needed relief to those bene­ fitting the least from the 1981 tax cut. hope that the Senate will improve this legisla­ wish him, as well as his future teammates, tion. However, I was not sent to Congress to Third, it makes all pay a fairer share of great success. taxes. Reports of millionaires and profitable vote half-heartedly for legislation which cannot Congratulations, Teyon. And congratula­ corporations avoiding all taxes have fueled stand on its own merits with the mere hope tions, Coach Driesel!, for providing the people cynicism about the persent tax code. The that it will be improved somewhere else in the of Maryland with so many years of exciting bill contains a tougher minimum tax on legislative process. basketball. The University of Maryland basket­ higher-income individuals and corporations I hope that the Senate will provide a means ball program has been, and will continue to that will pull in $25 billion over the next 5 to promote free enterprise, encourage savings be, a source of great pride for all of us in years. and planning, and stimulate the creation of Maryland and the Washington, DC, area. Fourth, it reduces the attractiveness of jobs. More specifically, I hope that the Senate tax shelters. It does so by lowering the tax rates, which dilutes the value of tax deduc­ will restore full contributions to 401 (k) plans. THE TAX BILL tions, and by strengthening the minimum Our timber and real estate industries should tax. It also revises specific provisions that not bear an undue share of the tax burden as encourage tax shelters, such as by limiting the committee bill would require. HON. LEE H. HAMILTON the interest deductions they provide. The The Senate should borrow liberally from the OF INDIANA bill means that money will be put more into the most productive investment, rather Republican alternative. This bill was concise, IN THE HOUSE OF REPRESENTATIVES pro-family, and pro-growth. It would remove than the largest tax shelter. 6.5 million poor Americans from the tax rolls, Tuesday, January 21, 1986 Fifth, it makes corporations pay a larger share of taxes. Income taxes paid by corpo­ delivering an 86 percent rate-reduction to the Mr. HAMILTON. Mr. Speaker, I would like to rations have dropped from about 25% of working poor. It implemented a $2,000 per­ insert my Washington Report for Wednesday, federal revenue in the 1950s and 1960s to sonal exemption for everyone, including non­ January 8, 1986, into the CONGRESSIONAL below 10% currently. The bill would reverse itemizers. The highest marginal ·rate was 35 RECORD: this trend, raising their share to 13% over 216 EXTENSIONS OF REMARKS January 21, 1986 the next 5 years, largely by increasing taxes selves to the continued pursuit of his philoso­ not a single encouraging word from Reagan, paid by profitable corporations that have phy and his dream. who told California voters that he would avoided paying taxes in the past. President Ronald Reagan, at first reluctant not have voted for the Civil Rights Act of 1964. Nor was Reagan a champion of the Sixth, it evens out the tax burdens among to support the entire notion of a holiday in different industries. In the past, some sec­ Voting Rights Act of 1965, the single most tors, such as banking, real estate, and de­ honor of the slain civil rights leader, participat­ transforming piece of civil rights legislation fense, had low, and at times even negative, ed in a few events calling Dr. King, "a great that King marched onto the books. tax rates, while others, such as high tech­ man". Perhaps he really meant that. In fact, as president, when the renewal of nology and service businesses, paid heavy However, his actions suggest something en­ the Voting Rights Act came due, Reagan taxes. The bill "levels the playing field" and tirely different. As we review the track record tried to weaken it, declaring that examples reduces unfair tax advantages given some of the Reagan administration in the areas that of its violation required proof of the over others. Dr. King lived and died for, we have to ques­ "intent" of the authorities to deprive citi­ Finally, the bill trims various provisions, tion the sincerity of his remark. Are we to be­ zens of their right to vote. that, while not the biggest revenue losers, Reagan's antipathy toward King did not foster the impression that the code gives lieve that the President finally shares the be­ end in 1968 with King's assassination. The unfair breaks to a special few. For example, liefs and principles of Dr. King? Or is the president was vehemently opposed to the it trims tax breaks for business entertain­ American public to assume that President King national holiday. And in one of the ment, such as season sports tickets, or for Reagan called Dr. King a great man because most reprehensible uses of the "bully cruise ship conventions. the significance of the historic holiday and his pulpit" of the White House, he cast asper­ I do not want to suggest that the bill public relations staff mandated it? sions on King's loyalty and patriotism. makes all these changes as well as it should. In today's Washington Post, columnist Mary On Oct. 19, 1983, at one of his infrequent In some cases, it does not go far enough: McGrory writes a particularly insightful column news conferences, Reagan was asked about Tax shelters could be cut back more and an which underscores the drastic differences be­ North Carolina Republican Sen. Jesse even stronger minimum tax could be adopt­ Helms' charges that King was at least a ed. In other cases, such as its trimming busi­ tween the record of the President and the ef­ fellow-traveler. ness incentives for investments, especially forts of Dr. King. Reagan's reply was snide and airy: "We'll for heavy industries, the bill may go too far. Mr. Speaker, at this time, I would like to know in about 35 years, won't we?" Moreover, the final package simplifies the insert the aforementioned column for the He defended Helms as someone zealously rate structure a lot, but the tax code only a RECORD. guarding the national calendar from intru­ little. But overall, it follows closely the basic [From the Washington Post, Jan. 21, 1986] sion by someone whose FBI records cannot outline of the President's tax reform pro­ A GIFT FOR SHAMELESSNESS yet be opened because of an agreement be­ posal. It is an important step toward lower­ tween the family and the government. ing tax rates and closing loopholes. <By Mary McGrory) Reagan made a single, unadorned refer­ The outlook for the tax bill in the Senate It was entirely appropriate that the First ence to King's "accomplishments" and is uncertain. The Senate has generally been Citizen of the country should participate in "what he meant in a stormy period in our cooler to tax reform than the House, and a events surrounding the first observance of history." need to raise revenues may loom over the Martin Luther King Jr.'s birthday as a na­ One of Reagan's earliest acts as president debate; yet several factors are working in tional holiday. It also was fitting that he was to seek tax-exempt status for a segre­ the bill's favor. These include the surprising should have told students at the King Ele­ gated southern school. He quit in his efforts margins on the final House votes in favor of mentary School here that the slain civil to subvert the Voting Rights Act only after the package, the difficulty Senators would rights leader was "a great man." Senate GOP leader Robert J. Dole <R-Kan.) have in voting against major tax cuts for in­ The decent thing would have been to add, swamped him in Republican votes. dividuals, the concern that the Republican­ "I didn't always think so.'' . Today, of course, his attorney general, controlled Senate would be blamed for kill­ The Rev. Jesse L. Jackson was the only Edwin Meese III, is attempting to roll back ing tax overhaul, and especially the willing­ public figure to comment on the "hypocri­ affirmative action. Meese puts his claims on ness the President showed at the end to sy" of the president's remarks last week. He the "original intent" of the founders. The fight hard for his chief domestic initiative. observed that Ronald Reagan "never sup­ founders' intent, at the time of the writing To a large extent, the bill is moving forward ported a movement Dr. King stood for in of the Constitution, was to preserve slavery, because of concern about negative political life.'' so it is blindingly irrelevant. Reagan babbles consequences rather than a positive interest Other blacks let it go. Maybe they were happily about a "colorblind society." in tackling the tax code. content to revel in the fact that in the last Reagan apologized to Coretta Scott King Yet it would be a mistake to think that week Americans could not turn on their tel­ for smearing her husband. But he never the package faces smooth sailing in the evision sets or radios without hearing King's apologized to the rest of us. He has joined Senate. Tax reform will be neither quick, compelling voice telling of his "dream" or the King festivities as if he had been cheer­ easy, nor perfect. The main factor remains someone reading the noble "Letter from ing from the sidelines all along. how hard the President will fight for his Birmingham Jail.'' White politicians have He has many gifts as a politician, not the plan. If he continues to push for it, we could long since given up on pointing out the least of which is shamelessness. It is good to by the end of this year have a new tax president's imprecisions, contradictions and hear him say, at last, that King was "a great system-a fairer system with lower rates, misstatements, for which other public men, man." He would be a bigger man himself if more equal tax burdens, and fewer distor­ Sen. Gary Hart <D-Colo.) noted ruefully, he admitted he was late in reaching that tions of investment decisions. Its passage "would get their heads taken off." A 70 per­ universal judgment. would be a giant step towards restoring cent public approval rating has effectively public confidence in the tax code as well as silenced what the public regards as "petty criticism" of a nice man. in government's ability to resist special in­ TRIBUTE TO SANFORD M. terests. King, of course, never troubled to answer detractors in high places. He carried his phi­ SHAPERO losophy of nonviolence over into his rheto­ PRESIDENT REAGAN AND THE ric, which was singularly free of self-pity. MARTIN LUTHER KING FEDER­ He was a dreamer, but he was without illu­ HON. TONY P. HALL AL HOLIDAY sions, especially about presidents. OF OHIO The Kennedys were opposed to the great IN THE HOUSE OF REPRESENTATIVES march on Washington in August 1963. King HON. LOUIS STOKES went ahead with it. When he criticized the Tuesday, January 21, 1986 OF OHIO Vietnam war, he incurred the enmity of Mr. HALL of Ohio. Mr. Speaker, at the be­ IN THE HOUSE OF REPRESENTATIVES President Lyndon B. Johnson, who had done as much for civil rights as any of his ginning of this year, Dr. Sanford M. Shapero Tuesday, January 21, 1986 predecessors. King persisted in pointing out began serving as executive director of the City Mr. STOKES. Mr. Speaker, yesterday the injustice and only much later com­ of Hope, an institution which provides free marked the first observance of the Federal plained that Johnson had jammed his lines medical care and sponsors medical research. holiday in honor of Dr. Martin Luther King, Jr. with all the other black ministers in the Dr. Shapero grew up in Dayton, OH, the prin­ country. Across America and around the world, people cipal city in my district. But Jackson's point about "hypocrisy" is Dr. Shapero brings to his new position a of good will used this historic occasion to not well-taken. only commemorate the monumental achieve­ When King was being beaten and jailed unique combination of talents demonstrating a ments of Dr. King but also to rededicate them- for his views-and his effectiveness-he got breadth of medical knowledge and spiritual January 21, 1986 EXTENSIONS OF REMARKS 217 commitment. He has held high level manage­ The underlying theme has been the in­ tals have a large number of uninsured pa­ ment positions in the health care field. As a creasingly critical problem of paying for the tients and the neurosurgeons are likely to world renowned specialist on gerontology, he medical care of the poor and the unin­ be paid nothing at all for getting up in the sured-about 15 to 27 percent of the na­ middle of the night and performing an ardu­ has written and lectured widely on the health tion's population. ous operation for which they would normal­ problems of the elderly. He is an ordained Cuts in state and federal government pro­ ly receive $5,000. rabbi, and has held leadership positions with grams have forced people off the welfare In addition, the surgeon must render the Union of American Hebrew Congregations. rolls and substantially reduced payments to weeks of intensive, follow-up care. Hospitals Dr. Shapero holds a doctorate in education, hospitals. like Brookside have so few neurosurgeons and he is the author of books and articles on Those cuts plus changes in the way insur­ on staff that the surgeons they do have religious law, health, sociology, and music. He ance companies pay hospitals have also eventually "burn out" when it comes to in­ is a public speaker of rare quality, and has forced private hospitals to be much more digent care. competitive and to try to find ways to As a result of the stories, the state Divi­ spoken in more than 200 cities before college reduce the amount of free care they provide groups, service clubs, and gerontology organi­ sion of Hospital Licensing and Certification to the poor. cited Brookside and Merithew Memorial zations. That underlying financial reality has col­ hospitals. In his new position, Dr. Shapero will be able ored the major medical stories of the year: The state intervention and The Tribune to use his many talents to direct the work of trauma care, the plight of Alameda Coun­ coverage produced results. the 72-year-old City of Hope, which is head­ ty's Highland Hospital, and the rising Merithew signed a new contract with a quartered in Duarte, CA, and has an annual number of cases in which private hospitals group of neurosurgeons. "dump" uninsured, critically injured pa­ Providence initially stopped handling operating budget of $100 million. Dr. Shapero tients on public hospitals. has been a member of the senior staff of the Following is a recap of the problem and head injuries and then signed a contract City of Hope since 1979, serving as director of the progress towards a solution in each of with its neurosurgeons guaranteeing them community affairs and subsequently as asso­ these areas. payment for treating uninsured patients. ciate executive director. The agreement makes Providence, Mer­ TRAUMA CARE ithew and Alameda County's Highland hos­ I join his many friends and relatives in The problem has been evident since at pitals the only Eastbay hospitals with such Dayton in offering congratulations to Dr. Sha­ least 1982 when a study by the American payment guarantees. pero on this new opportunity for him to contin­ College of Surgeons found that 42 percent Brookside tried for several months to ar­ ue his long record of service to his fell ow of the people who died in Eastbay emergen­ range a helicopter transfer agreement with man. cy rooms could have been saved if they'd trauma center hospitals in other counties. been taken directly to a trauma center hos­ But, The Tribune found, the transfer agree­ pital with surgeons and specialists always on ments still involved one- to three-hour OUTSTANDING WORK OF THE hand. The local findings mirrored those in delays in treatment. OAKLAND TRIBUNE IN EXPOS­ studies of emergency room deaths in other Brookside was cited again by the state ING AND DOCUMENTING communities. after The Tribune reported that the agree­ PROBLEM OF HOSPITAL DUMP­ But, despite that spotlight on the extent ment had broken down altogether and a ING OF INDIGENT PATIENTS of the problem in the Bay Area, very little brain-injured patient had waited four hours was done. before being transferred to Highland. That Contra Costa and Alameda counties set up prompted the 240-bed community hospital HON. FORTNEY H. (PETE) STARK committees to study the problem. But their to close its emergency room to people in OF CALIFORNIA work was hampered by bureaucratic inertia need of emergency chest or brain surgery. IN THE HOUSE OF REPRESENTATIVES and the resistance of hospital administra­ That left Doctor's Hospital in Pinole as tors who feared they would lose paying pa­ the only full-service emergency room in the Tuesday, January 21, 1986 tients to the trauma center. Another obsta­ region of 200,000. That's about half as many Mr. STARK. Mr. Speaker, during 1985, the cle has been a turf battle between surgeons emergency room beds as recommended in Oakland Tribune, and its reporter, Peter Al­ and emergency physicians, since the emer­ state guidelines, making West Contra Costa shire, ran an outstanding series of articles gency room doctors fear that they would County the only underserved area in the lose money and authority if surgeons are documenting the deaths and injuries and pain state. continually on hand. The continuing attention had much caused to people in the Eastbay part of Cali­ Then, last January, Eugene Barnes died. impact on the plans for a trauma center. fornia because of improper hospital dumping Barnes was stabbed in the head in a seedy Contra Costa County formed a committee and transfers. building in Richmond. He staggered for sev­ of county officials, doctors and private hos­ Mr. Alshire's work is one of the reasons that eral blocks before he collapsed. pital administrators, and the panel rapidly we have been able to include in the reconcili­ Barnes was rushed to Brookside Hospital, cut through issues. On Oct. 20, it recom­ ation bill (H.R. 3129) "antidumping" language where emergency room doctors tried in vain mended that the county establish a single designed to stop hospitals from dumping poor for more than four hours to get a neurosur­ trauma center, probably in Central County. patients on other public and charity hospitals. geon to come in to operate. Neither of the Both Mt. Diablo in Concord and John two neurosurgeons with staff privileges was For anyone who doubts that dumping con­ Muir Hospital in Walnut Creek have shown available and no area hospitals would ini­ interest in becoming that center, which is stitutes an enormous problem or believes that tially accept the transfer. expected to be in operation this summer. we should delay in moving the antidumping Barnes was eventually transferred to San The issue of trauma centers also became a provisions of H.R. 3128 forward, I would like Francisco General Hospital, where he died high priority in Alameda County. to include at this point in the record the De­ two days after undergoing brain surgery. In On June 21, the Board of Supervisors cember 29, 1985, summary of the horror sto­ the initial news report, Barnes' death agreed to designate two trauma centers by ries uncovered by Mr. Alshire and the Oakland seemed like a fluke tragedy, at most, an ex­ this spring. Tribune: ample of how the system sometimes fails. Washington Hospital in Fremont, Eden But a closer look revealed a very different [From the Oakland <CA> Tribune, Dec. 29, Hospital in Castro Valley, St. Rose Hospital 1985) picture. in Hayward, Valley Memorial Hospital in That became obvious when The Tribune Livermore and possibly Kaiser Hospital in INDIGENT HEALTH CARE ISSUE TAKES reported the case of Tom Homan, a Rich­ Hayward are all vying to be designated the SPOTLIGHT mond man who in January was shot in the South County's trauma center. (By Peter Alshire) head and was shuttled from Brookside Hos­ Highland Hospital and Providence Hospi­ It's either been a horrible year, or a prom­ pital to Contra Costa County's Merithew tal in Oakland have both expressed interest ising year for health care in the Eastbay, Memorial Hospital in Martinez and then to in the North County designation. depending on how you want to look at it. San Francisco General in a frantic search If all goes as scheduled, the Eastbay will On the one hand, The Tribune this year for a neurosurgeon who would treat his have three trauma centers operating by the has reported a succession of medical trage­ wound. summer of 1986. dies as people have been caught in the Similar delays were found at other hospi­ throes of a transformation of the medical tals, including Providence Hospital in Oak­ HOSPITAL DUMPING system. land and Oakland Naval Hospital. The final, and perhaps most sensational, On the other hand, the reports have The essential problem is that neurosur­ medical issue to break into the headlines spurred a strong movement toward reform geons generally are reluctant to practice at was the growing problem of hospital dump­ on several fronts. hospitals in low income areas. Such hospi- ing-the medically hazardous transfer of 218 EXTENSIONS OF REMARKS January 21, 1986 critically ill or injured patients from private vate hospitals and doctors generally were re­ These and other cases resulted in state li­ hospitals to public hospitals solely because imbursed by MediCal for treating indigents. censing citations against St. Rose Hospital they have no medical insurance. The county and private hospital officials in Hayward, Providence, Merritt, Herrick in The pattern here was distressingly famil­ did set up a task force to talk about the Oakland, Alta Bates in Berkeley, and Brook­ iar-a report documented the problem but problem. But the task force accomplished side in San Pablo. no changes were triggered until tragic cases little. Partly as a result of these revelations: were reported in. The Tribune. Then in November The Tribune began re­ Representative Fortney Stark, D-Oakland, In this case, the report was published in porting cases in which uninsured patients lobbied through a bill that would impose the New England Journal of Medicine in were transferred under questionable circum­ new $25,000 penalties on both hospitals and 1983. A survey of medical records during a stances to Highland. The transfers included: doctors who engage in patient dumping and six-month period found that 7 percent of A nine-month-pregnant woman who lost provided the grounds for revocation of the the indigent patients transferred from pri­ her baby after a three-hour ordeal in which ability to take Medicare patients. The bill vate hospitals to Highland Hospital were en­ she was turned away from two private hos­ got caught in a last-minute confrontation dangered by the transfer. The report was pitals because she couldn't prove she had between the House and the Senate about filled with shocking, but anonymous, case medical insurance. toxic waste taxes, but it is expected to be re­ A man who was shot in the chest and introduced in January and adopted in Feb­ studies. It detailed people with heart at­ spent three hours at a private hospital tacks, head wounds, collapsed wounds and before being transferred near death with a ruary. stomachs full of blood transferred near collapsed lung, in shock, and with about Two new state measures that would set death to the county hospital. two-thirds of the blood in his veins filling aside extra state funds to offset emergency And once again, nothing happened. his chest cavity. room indigent care are also now being con­ None of the cases were investigated by A man who lost whatever chance he had sidered. hospital licensing officials or the district at­ of getting three mangled fingers reattached The Alameda County District Attorney torney's office. because he spent nearly three hours in the has undertaken an investigation to find out In fact, the potential for problems got emergency room of a private hospital before whether criminal charges can be brought in worse in 1983 when the state transferred re­ being transferred to Highland where it was any of the incidents reported by The Trib­ sponsibility for indigent patients on the discovered there was no hand surgeon avail­ une. counties along with only 70 percent of the able anyway. The task force on transfers has been reju­ money it used to spend on those patients. A man who lay in a private hospital for 17 venated and is expected to make a report The state saved $100 million a year, but the hours with a shotgun wound in the back soon on joint county-private hospital trans­ number of transfers from private hospitals who was finally transferred to Highland fer guidelines. to Highland doubled. when a bed in the intensive care ward Highland Hospital has clarified transfer Part of the reason for the increase was Al­ became available. At Highland, doctors dis­ guidelines and directed nurses not to accept ameda County's decision not to pay private covered dirt, pieces of clothing and shotgun transfers without the specific authorization hospitals for emergency room care of the in­ pellets in the infected wound and spinal of a doctor. digent. Contra Costa County will pay for fluid leaking from his spinal cord. Each of the cited hospitals has filed a the emergency room care of the indigent, A man who had been kicked in the stom­ plan of correction with the state. The meas­ but only if the uninsured people are already ach was examined in a private hospital and ures in those plans include meetings with enrolled in the county's health plan. The told to go home. He came back a week later the county about transfer guidelines, giving situation varies from county to county, but in severe pain, and was told to go to High­ the emergency room doctor more responsi­ few counties pay much for the emergency land where it was discovered that the initial bility for approving a transfer and the au­ room care of the indigent. kick had ruptured his intestine. When he thority to call in the president of the medi­ When the state was paying for the care of arrived he was within hours of death with a cal staff if there's any question, and a host the so-called Medically Indigent Adults, pri- massive amount of infection in his stomach. of other specific changes. </p> </div> </article> </div> </div> </div> <script type="text/javascript" async crossorigin="anonymous" src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js?client=ca-pub-8519364510543070"></script> <script src="https://cdnjs.cloudflare.com/ajax/libs/jquery/3.6.1/jquery.min.js" crossorigin="anonymous" referrerpolicy="no-referrer"></script> <script> var docId = 'a982183694308f093e502fb02ca3eec8'; var endPage = 1; var totalPage = 26; var pfLoading = false; window.addEventListener('scroll', function () { if (pfLoading) return; var $now = $('.article-imgview .pf').eq(endPage - 1); if (document.documentElement.scrollTop + $(window).height() > $now.offset().top) { pfLoading = true; endPage++; if (endPage > totalPage) return; var imgEle = new Image(); var imgsrc = "//data.docslib.org/img/a982183694308f093e502fb02ca3eec8-" + endPage + (endPage > 3 ? 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