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My office provides first aid instruction and instruction in cardio-pulmonary resuscitation to the Doorkeepers and U.S. Capitol Police. In addition during the past year, we have had a very successful cardio-pulmonary resuscitation training program in which several hundred staff members have been trained in this life saving technic. This is an ongoing program at the present time.

We provide medical coverage for Joint Sessions of Congress and we are largely responsible for planning and providing medical coverage for Inaugurations and other special events.

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My office, along with the Staff Clubs are responsible for providing the various medical screening programs that are held on Capitol Hill throughout the year, such as hearing tests for Hill employees, the National High Blood Pressure Month program, breast cancer screening tests, eye screening programs, etc. are presently working on plans to provide clinical programs for those who desire to quit smoking.

We

Last year we took on the additional responsibility of performing pre-employment physical examinations on recruits for the U.S. Capitol Police Department, as well as performing annual physical examinations on U.S. Capitol Police personnel 55 years of age and older.

Although we are handling an ever increasing workload, two assistant physicians and myself have refined our procedures where we can continue to see more patients without additional help. I am an Internist with a sub-specialty in cardiology. The two assistant physicians are fully trained, Board certified Internists. In addition to my administrative assistant and the above physicians my staff includes thirteen registered nurses, three medical technicians and seven Navy Hospital Corpsmen.

The enlisted staff are highly trained technicians who not only function as first aid and emergency paramedics for the Congress, its staff and tourists, but also each is highly qualified in special technology i.e. laboratory, x-ray, pharmacy, physio

therapy, etc.

Additionally, all are ready and able to perform

in many capacities such as licensed ambulance drivers, certified cardio-pulmonary resuscitation technicians, medical transcribers, along with being able to perform numerous other duties.

We are constantly trying to update the services which can be provided to Members in the office. Based on the premise that each Members represents an average of 475,000 constituents, it is obvious that any procedure that we can do to save the Members time, is important. To preclude the Member of having to travel to Bethesda or Walter Reed for his consultations, we have regular surgery, surgical proctology, orthopedic, dermatology and podiatry clinics held in my office. Other clinics are held periodically. We provided an estimated $975,000 worth of services last Fiscal

Year.

Mr. Chairman, as you may recall, the House provided funds in the Legislative Appropriation Bill, 1979, to continue paying allowances to the active duty military personnel assigned to my office, but in their Committee Report directed that the allowances be phased out. This subcommittee did not mention the allowances in their report. I have subsequently asked relief from the language in the Committee print which preclude the paying of the special allowances for military personnel assigned to my office after 1 October 1978.

These allowances, paid to active duty military personnel assigned to the Attending Physician's Office have been traditional for over fifty years. These men, along with my assistant physicians worked between 350-400 hours overtime last year requiring an estimated 109 evening meals to be taken at the office. In addition, while assigned to my staff, the military uniform is not worn so that an extensive civilian wardrobe is required. Personnel assigned to my office are precluded from using car pools and in most cases public transportation because of the irregular hours. The highest paid

enlisted personnel presently assigned to my office receives
$1292.10 per month without the allowance; the lowest paid
enlisted personnel receives $838.50 per month. One assistant
physician receives $2250.00 per month while the other assistant
physician receives $1810.10 per month without the allowance.

Although this restriction has only been in effect for four months, I have already encountered severe problems resulting in personnel asking to be relieved and reassigned as well as difficulty in recruiting replacements. Because of the sensitivity of

these assignments to my office, we do not retain personnel who desire reassignment. We have enjoyed having an outstanding, dedicated Navy team, work tirelessly and without complaint for many years so I view this development with great concern.

Undoubtedly, I will have to either enlarge my staff to cut back on the number of excess hours that staff members must work or reduce some of the services offered by my office, if relief is not forthcoming.

Mr. Chairman, I would like to comment on one more area of operation, that of the pharmacy operation in the Office of the Attending Physician. Last May and in each subsequent issue of Pharmacy Times, the editor urged its readers to write Members of Congress concerning the employment of a Registered Pharmacist in the Capitol Pharmacy. Members have received letters from their constituents urging the employment of a Registered Pharmacist in our pharmacy. I have been assured that the Capitol Pharmacy is operated legally under the jurisdiction of the U.S. Navy Medical Department. Chapter 21, U.S. Navy Manual of the Medical Department is the basic governing document for the operation of Navy pharmacies.

The Capitol Pharmacy is one of several regional satellite pharmacies that is staffed by Navy Pharmacy Technicians and supervised by a Navy Registered Pharmacist. It is not unique for the Navy to have satellite pharmacies staffed by pharmacy

technicians.

Many outpatient clinics and small dispensaries

operate in this manner. It is however, unique for any pharmacy operation to have such close physician supervision as our pharmacy here in the Capitol since myself and my two assistant physicians see all the patients and do all the prescribing.

In view of the concern over our pharmacy operation, I have asked that a full-time Registered Naval Pharmacist be assigned to my staff.

This, Mr. Chairman, concludes my statement. I will be glad to answer any further questions or supply any additional information the Subcommittee may wish to include in the hearing record.

FREEMAN H. CARY, M.D.

MEDICAL CARE PROVIDED MEMBERS OF CONGRESS

Senator SASSER. Thank you, Dr. Cary, for your testimony. Your prepared statement will be placed in the record at the conclusion of your summary. I think it answers most of the questions which I might have had.

But one point that I believe is largely misunderstood by the public is the so called free medical care provided Members of Congress. Now it is my understanding that if a Member of Congress is stricken ill and is authorized admittance by the Secretary of the Navy to the Naval Hospital in Bethesda, then such medical care is provided at no expense to the Government. Currently, a Member of Congress would be charged the going rate as established by the President's Office of Management and Budget, which is $242 a day. Is my understanding correct?

Dr. CARY. That is correct, Senator.

Senator SASSER. In other words, the Member who is hospitalized at Bethesda Naval Hospital would be charged $242 per day? Dr. CARY. Yes, sir.

Senator SASSER. Dr. Cary, thank you for your fine presentation today. I believe that you and your staff are doing an admirable job of serving the health needs of the citizens who visit the Nation's Capital, as well as doing a splendid job of serving those who work here. Thank you very much, Dr. Cary.

Dr. CARY. Thank you.

COPYRIGHT ROYALTY TRIBUNAL

STATEMENT OF DOUGLAS COULTER, CHAIRMAN

ACCOMPANIED BY FRANCES GARCIA, COMMISSIONER

1978 APPROPRIATION AND 1979 BUDGET REQUEST

Senator SASSER. The next item is a fiscal year 1980 budget request in the amount of $631,000 for the Copyright Royalty Tribunal, a decrease of $174,000 below the previous year. The witness is Mr. Douglas Coulter, the chairman of the Tribunal. In view of your request for less funds in fiscal year 1980, you are especially welcome here today.

You might want to introduce your colleague, I believe Ms. Garcia.

Mr. COULTER. Yes, sir, Mr. Chairman, I am accompanied by Commissioner Frances Garcia, who is the commissioner responsible for our budget matters.

The entire budget submitted for 1980 is 22 percent less than the funds appropriated for the current fiscal year.

I have a prepared statement here, but in the interest of your time, I shall paraphrase.

COMPULSORY LICENSING

The Copyright Royalty Tribunal is responsible for certain aspects of the new copyright law which went into effect on January 1, 1978, specifically, the areas of cable television, phonorecords, jukeboxes and noncommercial broadcasting.

A principal aspect of the new copyright act is compulsory licensing. Compulsory licensing enables a user of certain copyrighted works to pay a given fee and then automatically have the right to use those works; and the owner of the work may not deny such use unless the fee is not paid. Both sides find their ability to negotiate restricted, but the result is that there is now free and easy use of copyrighted works which before were embroiled in disputes. Without compulsory licensing, it is doubtful the Copyright Act would have passed, and without the creation of the Copyright Royalty Tribunal, it is doubtful the differing sides on the issue would have accepted compulsory licensing.

The Tribunal is responsible for reviewing and adjusting the compulsory licensing fees for cable television, phonorecords, jukeboxes and noncommercial broadcasting, and in the case of cable television and jukeboxes distributing the royalties. The Tribunal is governed by the statute as to when it must hold proceedings.

The composition of the Tribunal is 5 commissioners, appointed by the President with the advice and consent of the Senate, and 5 personal assistants, for a total of 10.

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