36646 EXTENSIONS OF REMARKS December 19, 1987 EXTENSIONS OF REMARKS THE TREATY TERMINATION process. In 1978, President Carter unilaterally TRIBUTE TO F. JOSEPH RIGNEY PROCEDURE ACT OF 1987 abrogated our mutual defense treaty with Taiwan, in order to recognize the People's Re HON. RON PACKARD public of China. In 1984, the Reagan adminis HON. EDWARD F. FEIGHAN tration unilaterally withdrew the United States OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES OF OHIO from the International Court of Justice, at IN THE HOUSE OF REPRESENTATIVES tempting to avoid an impending Court decision Friday, December 18, 1987 Friday, December 18, 1987 that the United States' mining of Nicaraguan Mr. PACKARD. Mr. Speaker, today I rise on harbors violated international law. Mr. FEIGHAN. Mr. Speaker, for almost two the occasion of the upcoming retirement of centuries, cooperation between the executive Yet despite these recent executive attempts Mr. F. Joseph Rigney, a dedicated husband, and legislative branches has been a corner to monopolize the treaty termination power, father, and educator, from the Fallbrook Union stone of American foreign policy. This coop the courts have nevertheless strongly en High School District. Mr. Rigney has served eration has helped contribute to our standing dorsed a legislative role. In Goldwater versus his country with both an honorable military as a leader among nations. Indeed, it has set Carter (1979), the Supreme Court reviewed a career as well as a successful civilian career an example for other constitutional democra suit by Members of Congress challenging the in education. cies around the world. exclusion of the legislative branch from the In November 1942, Mr. Rigney answered the call of his country and enlisted in the U.S. However, recent administrations have failed decision to terminate the treaty with Taiwan. Marine Corps. He joined the 1st Marine Para to continue this tradition of cooperation, par The Court dismissed the case without reach chute Battalion, seeing action in the Valla La ticularly with respect to the termination of ing the merits. Nevertheless, a plurality con valla and Bougainvillia campaigns. After an treaties. If this disturbing trend is allowed to cluded that the issue was a nonjusticiable po honorable discharge in January 1946, Mr. continue, it would be possible for an unrea litical question better left for Congress and the Rigney rejoined the Marines in September sonable President to withdraw us from a cru President to settle themselves. 1948 and participated in the Inchon and cial international commitment without the con With this legislation, Congress takes the ap stitutional balance of legislative advice, and Wonsan landings of the Korean conflict. Sev propriate formal action necessary to preserve with potentially tragic consequences. Today, eral Pacific assignments later, Joe Rigney re its constitutional role in the treaty termination we are introducing legislation to ensure con tired from his post in Hawaii as a gunnery ser gressional participation-and mandate presi process. The bill would simply require con geant. dential accountability-in the treaty termina gressional approval to terminate any treaty or His relationship with education began in tion process. treaty provision approved by Congress. It 1965 when the Fallbrook Union High School would not affect routine, nonpolitical executive District named him as their business manager. Congress has a long and well-established agreements. Nor would it affect treaties that Showing much dedication and commitment to role in foreign policy decision making. Yet cur may be abrogated by their own terms, or trea his school district, Mr. Rigney was promoted rent practice allows a treaty that is painstak ties that are superseded by subsequent, in in 1977 to be assistant superintendent for ingly negotiated by the executive branch and business services. It was not long before his ratified by Congress to be unilaterally termi consistent statutes. Finally, by requiring a con gressional rather than only a Senate role in reputation for keen foresight and personal in nated by the stroke of a President's pen. This volvement in school financing planning spread practice, because it circumvents Congress, treaty termination, it would avoid running afoul of the constitutional prohibition on one-House throughtout California. may undermine the integrity of the entire ratifi For his school district of Fallbrook, Mr. Joe legislative vetoes. cation process. The proposed legislation Rigney's accomplishments are numerous. He would correct this imbalance. Recent American history underscores the played a vital role when the Fallbrook district Although the Constitution does not explicitly importance of cooperation between the Con was selected to pilot the planning, program provide for the termination of treaties, the writ gress and the President in the conduct of for ming and budgeting system, which is currently ings of the Founding Fathers evidence a clear eign policy. The War Powers Resolution, used by Fallbrook and many other districts. belief that Congress would play an active role. which balances these executive and legisla He has played a significant part in the devel Jefferson stated in his manual that, "Treaties tive powers, is a product of that history. opment of the Fallbrook campus and has being declared, equally with the laws of the Like the War Powers Resolution, this bill carefully monitored the costs and qualities of United States, to be the supreme law of the the campus which has more than doubled its would help guarantee Congress' role in the land, it is understood that an act of the legis facilities since his initial employment. lature along can declare them infringed and formulation of foreign policy. It would prevent The Federal Government honored Fallbrook rescinded." Madison concurred, explaining unilateral Presidential treaty terminations and with a designation as exemplary school in "That the contracting powers can annul the . ensure that decisions affecting foreign policy 1984 and a visit by then Secretary of Educa Treaty cannot, I presume, be questioned, the would be accountable to the people. tion Terrell Bell-a major accomplishment for same authority, precisely, being exercised in the district and a personal highpoint of Rig annulling as in making a treaty." Indeed, Con Mr. Speaker, although the task of formulat ney's tenure. He was recently presented with gress' function in the treaty termination proc ing the appropriate role of Congress with a plaque in gratitude for his outstanding serv ess derives from an additional basis: its power regard to treaty terminations is extraordinarily ice to the California Impact Aid Association to make all laws "necessary and proper." complex, we cannot afford to ignore it. If we and the National Association for Federally Im pacted Schools. Recognizing this constitutional underpinning allow this sweeping broad assertion of execu Mr. Rigney and his wife Audrey have three for Congress' role, the President has tradition tive authority to go unchallenged, the treaty children-each of whom have graduated from ally worked with Congress in terminating trea termination power will become a citadel of Fallbrook Union High School and later from ties. The vast majority of treaty terminations California Universities. has included some form of mutual action. Presidential authority. When Joe Rigney retires at the end of this I look forward to working with fellow Mem But for the past several years, administra year, he will leave behind a legacy that is the tions have attempted to short-circuit congres bers of Congress to enact this crucial legisla thriving Fallbrook Union High School campus. sional involvement in the treaty termination tion. We may rest assured however, that his efforts
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. December 19, 1987 EXTENSIONS OF REMARKS 36647 over the years will continue to touch the daily ployment rate. Federal financial participa ditions to the Federal Aviation Administration lives of the students on whose behalf he has tion would be on a sliding scale, replacing or to Congress. worked so hard. It is truly a pleasure to high the current 50-50 rate. The bill would allow This bill amends the Federal Aviation Act of a state to use its total unemployment rate light the achievements of F. Joseph Rigney.
91~59 0-89-58 (Pt. 25) 36656 EXTENSIONS OF REMARKS December 19, 1987 quirements-sometimes only "informal guid FEIGHAN DENOUNCES SYRIAN have been responsible for many theoretical ance" over the telephone. There have been ACTION IN NORTHERN LEBANON and experimental breakthroughs in the area. inconsistent definitions of the terms "home Equally significant, California leads the world bound," "medical necessity," "intermittent," HON. EDWARD F. FEIGHAN in the areas of computer science, chemistry, and "skilled nursing care"-all requirements OF OHIO mathematics, and engineering. Each of these for receiving home care under Medicare. disciplines are integral to the success of the IN THE HOUSE OF REPRESENTATIVES sse. Just consider a few examples of denials of Friday, December 18, 1987 benefits because people were not "home It is inconceivable to me that the National bound": Mr. FEIGHAN. Mr. Speaker, there are re Academies of Science and Engineering and One gentleman could only walk outside his ports that for five consecutive days Syrian the Department of Energy would fail to take home with help and up and down stairs with troops in northern Lebanon have harrassed in advantage of these resources. There are the assistance of two railings was not consid nocent Lebanese citizens in the privacy of many locations that are suitable to house the their homes and in the streets. About 10,000 SSC physically. But for the SSC to be a suc ered to be "Homebound." Syrian troops patrol northern Lebanon, includ cess, the Department and the Academies A 78-year-old man with two broken hips ing some predominant Christian sectors. must also consider the educational and aca could only leave home to go to the doctor or According to reports, 350 homes have been demic infrastructure. DOE could not explain get a haircut was not considered "Home ransacked or destroyed and hundreds of how it could ignore California's unique scientif bound." people have been arrested and detained with ic contributions in determining the BQL. A 70-year-old man with bone marrow out charge. Some accounts indicate that In summary, I am pleased that the Depart cancer and dependent on an oxygen tank was Syrian troops have killed 20 people. To pro ment denied the reports of an existing BQL. I able to walk down 10 steps to a restaurant for test this action, elements opposed to the am convinced the Depe.rtment is doing a good meals, so he was not considered "home Syrian occupation of Lebanon have called for job and is doing all it can to keep the process bound." a nationwide general strike on Saturday, De fair. I look forward to seeing the BOL in Janu One elderly lady went to church once a cember 19. ary to justify my beliefs. week, so she was not considered "home Mr. Speaker, if these reports are true, and bound." evidence indicates that Syria is committing INFANT MORTALITY these brutal acts, I call upon the administra Examples abound around the country. I REDUCTION ACT have tried to take a number of approaches to tion to use its recently reopened diplomatic this problem. In July 1986, I wrote Administra channels to Syria, and condemn Syrian be tor Roper requesting clearer, more consistent havior in northern Lebanon in the strongest HON. BARBARA B. KENNELLY administration of these benefits. In February possible terms. OF CONNECTICUT 1987, I joined Congressmen STAGGERS and IN THE HOUSE OF REPRESENTATIVES PEPPER as a plaintiff in a suit seeking formal SUPERCONDUCTING SUPER Friday, December 18, 1987 promulgation of regulations regarding the re COLLIDER Mrs. KENNELLY. Mr. Speaker, today I am quirement that care be a "medical necessity." introducing the Infant Mortality Reduction Act, In October 1987, I met with HCFA officials HON. RON PACKARD a bill to provide financial assistance to along with a number of Pennsylvania home OF CALIFORNIA projects which provide comprehensive mater health providers to seek a clarification of IN THE HOUSE OF REPRESENTATIVES nal and infant health care services to high-risk HCFA's policies. And I have cosponsored populations in order to reduce infant mortality. Congressman PELLER's bill, H.R. 3451, to re Friday, December 18, 1987 This bill is necessary because the United quire that all denials based medical necessity. Mr. PACKARD. Mr. Speaker, today I would States has an unacceptably high infant mortal Along with others on the Health Subcommit like to refute reports seen in the news media ity rate-the highest rate of 20 industrialized tee, we made several changes in H.R. 3545 that the National Academies of Science and countries. As high as the U.S. rate is, it con that I hope will end some of these problems. Engineering have prepared a list of States ceals an even higher rate for certain sub We have tried to clarify the terms "intermit qualified as a site for the superconducting groups of our population. The infant mortality tent" and "homebound," conditions for receiv super collider. The Department of Energy has rate in some rural and inner-city areas is ing the home health benefit. We are putting adamantly denied that such a list exists. Fur double the national rate. into place clear deadlines for processing ap ther, the Department has stated that the Numerous studies have documented that peals of denials. We are requiring that HCFA States listed on the reported list have not, in early, continuous, high quality prenatal care publicly invite and respond to comments on all fact, received early approval. can contribute to a significant reduction in major policy changes so that policy will not be I am pleased that the Department moved infant mortality. They have also indicated that made over the phone or vary from region to quickly and decisively to deny the existence of prenatal care is cost effective. The cost sav region. We are requiring a toll-free hot line to such a list. As the Secretary of Energy is well ings that would result from assuring access to receive and investigate complaints about the aware, if such a list exists it would dramatical prenatal care for every pregnant woman are home health benefit. ly erode support for the project. It would be tremendous. Currently, the Federal Govern nearly impossible to convince representatives Mr. Speaker, we are talking about 3.2 mil ment is spending $638 million under Medicaid of other States that the process was not to pay for neonatal intensive care and rehos lion elderly people who earned this benefit rigged from the beginning. With the site selec pitalization of low birth weight infants during from years of hard work and need it desper tion process in question, it would not be possi the first year of life. This figure could be re ately to recover their health. We are talking ble to proceed with the project. Congress duced to only $90 million if comprehensive about molding a health care system that helps would neither authorize the project nor appro prenatal care were available to all low income people stay in their own homes and stay out priate the moneys to fund it. women. of institutions. Home care has proven time Fortunately, I believe the Department will ul In 1979, the Surgeon General established a and time again to be better in every way than timately put all questions to rest by publishing national goal that by 1990, 90 percent of all institutional care when the individual has the a different list of States on the best qualified pregnant women would begin prenatal care in right kinds of support. list [BQL]. I believe this because I am con the first 3 months of pregnancy. A GAO report This society should be finding ways to vinced California will appear on the BQL. Cali released last month stated that as of 1985, no expand home care benefits-not cut them fornia's academic and educational resources progress has been made toward meeting that back. I hope these steps will just be the be are unique in the world. These academic goal. The report further stated that despite ex ginning of a movement to provide an ade assets will provide an essential foundation for isting Federal, State, and local efforts to im quate home health care system in this coun the largest scientific project in the history of prove access to prenatal care, 63 percent of try. Otherwise, the administration has created the world. In addition, scientists in California Medicaid recipients and uninsured women a truly "catastrophic health care policy" for have been working on high energy physics who participated in the GAO study did not re millions of elderly and sick Americans. projects since the inception of the field and ceive sufficient care. December 19, 1987 EXTENSIONS OF REMARKS 36657 Research has identified several barriers to recreation special uses in the special fund; Currently, section 4(b) of the Land and prenatal care. For some women, lack of edu and sixth, return the withholding of 25 percent Water Conservation Fund Act of 1965, as cation regarding the importance of prenatal of receipts for payments to States and coun amended, authorizes the collection of daily ties. recreation use fees for the use of specialized care is a major factor affecting utilization. outdoor recreation sites, facilities, equip However, even when women are knowledgea This proposal would result in fees being ment, and services. However, fees may not ble there are additional barriers present in vir charged at approximately 1,000 to 1,200 addi be collected under section 4 for the use of tually all communities. tional recreation sites. Receipts are expected facilities such as campgrounds that do not In some cases, appropriate and comprehen to increase to $52 million. Most importantly, have specific components such as potable sive services are simply not available, or are the overall quality of outdoor recreation expe water, picnic grounds, boat launches except available on a limited basis. More usual rienced by national forest visitors would be im those with hydraulic or mechanized lifts, though is low utilization of existing services proved. and visitor centers. Section 4 also prohib either because women lack the financial re This proposal would not authorize charging its fees from being charged in areas which do not contain highly developed facilities sources to utilize the services, or lack trans fees for: first, hunting and fishing permits; second, use of areas without facilities or sig but require expenditures to ensure the portation to reach the services. safety of visitors or to protect natural re It is clear that much more needs to be done nificant services; third, to enter or drive sources. to ensure that all pregnant women receive through the national forests; fourth, use of a The proposed legislation would expand early and continuous prenatal care. Communi wilderness area or wild and scenic river. the scope of National Forest System recrea ties must identify existing barriers to care, de In addition this proposal is not without prec tion sites, areas, facilities, equipment and velop programs to overcome those barriers edence. H.R. 3545, the Omnibus Budget Rec services for which use fees could be collect and evaluate their effectiveness in improving onciliation Act of 1987, also contains amend ed. However, the authorities for charging access to prenatal care. ments to the Land and Water Conservation for recreation special uses