18790 EXTENSIONS OF REMARKS July 17, 1991 EXTENSIONS OF REMARKS THE TRAGEDY OF to the Federal army, Mr. Milosevic also em­ proval for unarmed European Community CONTINUES ploys the Chetniks, the ultraright wing Serbian observers to monitor a truce between the na­ militia, to help him build his Greater Serbia. Al­ tional army and the militias of the two secesionist republics.] HON. WM. S. BROOMFIELD ready, the Chetniks are urging the Serbian mi­ The situation here in Kosovo became more OF MICHIGAN nority in Croatia to declare independence from tense-and drew fury from neighboring Alba­ IN THE HOUSE OF REPRESENTATIVES Croatia. The Serbian army in Croatia, now nia-with the announcement by Serbian au­ dominated by nationalist Serbs, is also helping Wednesday, July 17, 1991 thorities that freshmen enrollment at the in this effort and would side with the Serbs if University of Kosovo will be cut by more Mr. BROOMFIELD. Mr. Speaker, in recent serious fighting broke out in Croatia. than two-thirds to 3,000. Half of those places years, I have called the attention of my col­ Is it surprising that the people of Croatia will be reserved for Serbo-Croat speakers, leagues to the human rights tragedy in the and Slovenia declared their independence on even though about 90 percent of Kosovo's 2 Yugoslav Province of Kosovo. Today, the situ­ million people are ethnic Albanians who June 25 after Milosevic had convinced them speak Albanian. ation there remains terrible. While the world that he and his Serbian followers would use all Albanians here say the Serbians aim to watches the democratic forces in Croatia and means necessary to gain total control of Yugo­ force them out of the university and, eventu­ Slovenia fight for self-determination, the ethnic slavia? Earlier in the year, supporters of de­ ally, out of Kosovo. Until now, the univer­ Albanians in the Province of Kosovo continue mocracy in Serbia held massive demonstra­ sity was the heart of what remained of to suffer under the harsh rule of Serbian na­ tions in Belgrade protesting Milosevic's fool­ Kosovo's Albanian culture and freedom dur­ tionalism and the destructive policies of Ser­ hardy policies. He is playing a dangerous ing an era that the locals view as military bian President Slobodan Milosevic. game, and it is directly contributing to the dis­ occupation. It was also the place the Serbian The human rights abuses in Kosovo are officials pointed to when they told human solution of the country. Milosevic's efforts to rights .investigators that ethnic Albanians well documented. In its "Country Reports on carve greater Serbia out of today's Yugoslavia were not being repressed. Human Rights Practices for 1990," the Depart­ are leading to blood and destruction. "It is the center of our culture and spirit," ment of State reported the following: While we monitor developments in Croatia said Jusuf Buxhovi, a leading politician and In the Province of Kosovo, Serbian au­ and Slovenia, Milosevic proceeds with his war historian. thorities continued and intensified repres­ against the ethnic Albanians in Kosovo. I want At the end of June, Serbia's government in sive measures that featured in 1990 thou­ to share with my colleagues in the House the Belgrade took direct control of the univer­ sands of political arrests, tens of thousands sity and replaced its rector with a non-Alba­ of politically motivated job dismissals, and following article that appeared in the Washing­ nian, who has begun firing Albanian profes­ widespread police violence against ethnic Al­ ton Post July 15 concerning the latest devel­ sors. According to Gazmend Pula, an Alba­ banians. This violence included the use of ex­ opments in Kosovo. nian engineering science professor and mem­ cessive force by the police to disperse peace­ SERBIANS PRESSING ETHNIC ALBANIANS IN ber of the Yugoslav Helsinki Watch Commit­ ful demonstrators, including random and at UNEASY Kosovo tee, about 30 of the university's most promi­ times unprovoked shooting by police, result­ (By Peter Maass) nent Albanian professors were fired last week, and more dismissals are expected. ing in at least 30 deaths and hundreds of in­ PRISTINA, YUGOSLAVIA.-Serbia, the domi­ jured. Serbian officials announced that the uni­ nant republic of the Yugoslav federation, is versity's name is to be changed, and they say Amnesty lnternational's rep<;>rt is equally crit­ bolstering a crackdown on ethnic Albanians it probably will be named after St. Sava, a ical of Serbian violations of human rights in in Kosovo by sending more security forces Serb. It is a gesture that Albanians view as that province. into the volatile province and excluding stu­ an intentional insult, an act of what one pro­ The chief architect of the problems in dents and professors from the main univer­ fessor calls "Serbian triumphalism." Some Kosovo is Milosevic. As a crypto Communist sity here, according to Serbian officials. Albanian- books are said to have and Serbian nationalist, he is determined to Although Croatia and Slovenia have cap­ been removed from the library shelves. tured international attention, Kosovo is also "Tensions have been running very high and rebuild the Serbian Kingdom of old at the ex­ an ethnic hotbed of antiSerbian sentiment pense of ethnic Albanians and other groups. will be even higher in September," said Pula, and could become a second front if full­ referring to the start of the school year. "If In response to ethnic Albanian efforts toward fledged combat occurs in the northern repub­ this trend continues, it won't be long until self-determination in 1990, Milosevic dissolved lics. Ethnic Albanians here are just as deter­ things explode into an open conflict." the 188-member Provincial Assembly, took mined as the Croats and Slovenes to find a Igic, the Serbian socialist, said the changes over the organs of the Kosovo Assembly and way out of Serbian-dominated Yugoslavia, are part of a "rationalization" program shut down news media. He but they are far weaker, politically and mili­ aimed at bringing the university closer into tarily. the Serbian educational system. Asked if the cruelly suppressed the ethnic Albanians in Serbia's moves appeared to be aimed at Kosovo, who represent over 90 percent of the shifts amount to a stepped-up Serbianization stemming secessionist pressures in a prov­ of Kosovo, he replied, "Absolutely." province's population, arresting hundreds and ince where the vast majority clearly is dis­ The moves come at the end of a decade­ killing many in the process. Thousands later satisfied with the status quo. long crackdown in which more than 80 ethnic lost their jobs, becoming second-class citizens Zivorad lgic, a senior official of the ruling Albanians have been killed and 11,000 sen­ in their own land. The provinces of Kosovo Socialist Party of Serbia, said additional tenced to jail terms, according to Helsinki and Vojvodina lost their autonomous status in forces and police have entered Kosovo since Watch, a human rights group. A Special Cir­ clear violation of the Yugoslav Constitution the independence declarations by Croatia cumstances Law passed by the Serbian As­ and Slovenia last month, although he would and were absorbed by Serbia against their sembly in June 1990 created an undeclared not say how many or from what units. state of emergency, according to a Helsinki people's wishes. Armed patrols and roadblocks have in­ Watch report, and led to the disbandment of Milosevic cleverly engineered a deadlock in creased, becoming as prevalent as stop signs the Kosovo legislature a few days later. the Federal Presidency in May by blocking a and traffic lights, according to ethnic Alba­ In practical terms, that meant the end of Croat, Stipe Mesic, from assuming the presi­ nians here in Kosovo. Kosovo's autonomous status within the Ser­ dency. Milosevic also exercises significant in­ [In Croatia, the Associated Press reported bian republic. Serbians now run the local fluence over the Yugoslav Federal Army. As from Zagreb, the republic's militia and Ser­ government, the police force and virtually Jacques Bacic recently reported in the New bian militants battled Sunday in clashes all key factories and businesses, according to that left at least two dead and many wound­ Serbians and Albanians. More than 70,000 York Times, "Under Milosevic, the Yugoslav ed in the Banija region, about 30 miles south ethnic Albanians have been fired from their People's Army whose officer corps is predomi­ of the Croatian capital. jobs, said Pula of Helsinki Watch. nantly Serbian, and other Federal institutions [The violence came after the federal gov­ The roots of the Kosovo conflict extend far lost their all-Yugoslav orientation." In addition ernment, Croatia and Slovenia gave final ap- into the past, which is the direction many

•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. July 17, 1991 EXTENSIONS OF REMARKS 18791 Yugoslavs look at when discussing modern Mr. Speaker, family reunions offer a special week for the 32d year in a row, we look for­ problems. Serbians regard Kosovo as their time for families to come together for celebra­ ward to the day when this commemoration will historical heartland, the seat of a great me­ tion and renewal of the ties that bind them. Al­ be a thing of the past. dieval kingdom that Serbian children learn though the Bagley family has endured trials about in grade school. Even though Alba­ Despite the great strides in recent years, we and tribulations over the years, the family has nians have lived here for centuries, and few must remember the people of those nations maintained their love, devotion, and commit­ Serbs now call it home, Kosovo is portrayed still under the heel of totalitarian communism. as inseparable from Serbia. ment to one another. I am certain that the re­ "Everybody is free to leave but nobody is union will be a very special and joyous occa­ Leading the list is the Soviet Union whose going to take an inch of Serbian land," said sion. people have made some progress in recent lgic. Mr. Speaker, I ask my colleagues to join years to break free of communism. Within the Because Serbia's Slavic grip is tightening with me in extending best wishes to the entire Soviet Union, are many nations which were il­ rather than loosening, the Albanians are Bagley family for a successful and heart­ legally incorporated into its borders by force. looking for a way out. Local leaders say pub­ lic opinion has swung firmly behind the idea warming family reunion. Chief among these are the Baltic States of of secession from Yugoslavia to unite with Lithuania, Latvia, and Estonia. , which is no longer Stalinist. A TRIBUTE TO ALBERT VANN These States were seized by force over 50 The Democratic Union of Kosovo, the larg­ years ago, as a result of the infamous Hitler­ est Albanian political party, says it want to avoid mass protests that could be crushed by HON. EDOLPHUS TOWNS Stalin pact signed in 1939. This pact which launched the world into its most destructive Serbian armed forces. Party leaders are OF NEW YORK seeking international pressure on Serbia to war was also responsible for the division of IN THE HOUSE OF REPRESENTATIVES ease the repression and prevent a potential Eastern into spheres of influence be­ disaster for their people. Wednesday, July 17, 1991 tween history's two most despicable dictators. The crackdown has raised new tensions be­ Mr. TOWNS. Mr. Speaker, today I rise to tween Serbia and Albania, which borders on The borders set by this pact, at least on the Kosovo. The Albanian government has ac­ recognize the outstanding achievements and Russian side, are one of the few legacies left cused Serbia of planning genocide. This contributions of Albert Vann, a man who has behind by Nazi Germany's policies. been involved in the field of education for 15 month Albania sent protests letters to the Soviet troops seized these small independ­ European Community, the permanent mem­ years as an administrator, counselor, and bers of the U.N. Security Council and to the teacher. ent nations in June 1940 and continue to oc­ 35-nation Conference on Security and Co­ Assemblyman Vann has played an impor­ cupy them today. Despite declaration of inde­ operation in Europe. tant role not merely in teaching, but in estab­ pendence and referendums in all three of the The Serbian government responded a few lishing schools as well. He played key roles in Baltic Republics, Soviet troops continue to days ago by accusing Albania of trying to establishing both the Boys and Girls Memorial harass the freedom loving people of this area. provoke an armed conflict and capture Even after the Hitler-Stalin pact was declared Kosovo, saying minorities in Serbia enjoy High School and Medgar Evers College in freedoms unparalleled anywhere else in the Brooklyn. illegal by the Commission of the Congress of world. Serbian authorities also accused Alba­ Elected to the New York Assembly in 1975, People's Deputies of the Soviet Union in 1989, nia of beefing up its border forces and start­ the Assemblyman continues to be a prominent the suppression of these independent states ing an exchange of rifle fire with Yugoslav and highly respected leader in the fight for has continued. soldiers early last week. educational gains and minority rights. He was It is estimated that in Estonia there is one Albania leaders in Pristina say they will recently elected to his seventh term as chair­ Soviet soldier for every five civilians. In Latvia, look to Albania for political and military man of the New York State Black and Puerto support if, as they fear, Serbian or federal 1 in every 1O people is estimated to be part troops initiate violent hostilities. Rican Legislative Caucus. Through this body he successfully fought the racial gerrymander­ of the Soviet military. Even before the violence "We will wait for our cha.nee," said Avni carried out by Soviet forces in January, Lithua­ Spahiu, foreign editor of the Albanian-lan­ ing of the New York City Council districts in guage newspaper Rilindja, which was closed 1981 and forced the adoption of a redistricting nia was home to at least 100,000 Soviet · last year by Serbia along with Kosovo's Al­ plan that dramatically increased minority rep­ troops as well as 10,000 Soviet Interior Min­ banian-language broadcasting. "We are for resentation on the council. istry troops and 5,000 paratroopers. This is dialogue and a peaceful solution. But in the Al Vann has also been influential in the na­ concrete proof, that despite the ' end, if this terror continues, we will have to tional and New York City political arenas. In longstanding policy of not recognizing Soviet defend ourselves." 1984 he served as vice-chairman of the New sovereignty over the Baltic countries, Estonia, York State Democratic Convention in San Latvia, and Lithuania remain occupied by So­ A SALUTE TO THE BAGLEY Francisco. In 1989 he played a key role in the v:et troops. election of David Dinkins as the first African­ FAMILY REUNION One thing gives us hope that the Baltic American Mayor of New York City. countries, as well as the other captive nations, Al's vast influence in the New York State will soon join Eastern Europe in breaking free HON. LOUIS STOKES Assembly is reflected in the importance of his OF OHIO committee assignments. As chairman of the of the yoke of communist oppression. And that IN THE HOUSE OF REPRESENTATIVES Assembly's Children and Families Committee is that despite 50 years of oppression, the his­ Wednesday, July 17, 1991 and a member of the Health, Education, and tory of the Baltic States shows that no govern­ Ways and Means Committees, Mr. Vann has ment can stamp out the natural human desire Mr. STOKES. Mr. Speaker, the tradition of been successful in enacting numerous legisla­ to be free and independent. family unity reaches back to our earliest mo­ tive measures to help New York residents. ments as a people, and it lives on in all the We look forward to that day when the tide I salute Al Vann's lifelong committment to many cultures we embrace today. From July of freedom will inevitably wash over all the education and to serving the residents of New captive nations. We ask that President Bush 18-21, 1991, the Bagley family reunion will be York State. · held in Calverton, MD. This marks the third re­ and the other leaders meeting this week work union of the descendants of William Albert and toward hastening that goal. Let us hope that Georgia Ogburn Bagley. I am proud to salute CAPTIVE NATIONS WEEK 1991 A next year at this time we will be celebrating the Bagley family on this important occasion. LOOK FORWARD the freedom of all the nations once held cap­ More than 100 family members will travel tive by communism. from as far away as Denver, CO, to attend the HON. ILEANA ROS.LEHTINEN Bagley reunion, which is being hosted by fam­ OF ily members in Washington, DC, Maryland and IN THE HOUSE OF REPRESENTATIVES Virginia. The theme for the celebration is "Family Unity." During the reunion, special Wednesday, July 17, 1991 recognition will be given Claudine Booker, the Ms. ROS-LEHTINEN. Mr. Speaker, as we most senior member of the family. commemorate Captive Nations Week this 18792 EXTENSIONS OF REMARKS July 17, 1991 THE NAVY AND U.S.-FLAG SEA­ shipment of her cargo to other ships. Despite colleagues to read Robyn's essay and to take LIFT FLEETS AND HO SPITAL these impediments, the movement of the en­ her words to heart. As we continue our work SHIPS IN DESERT SHIELD/STORM tire division over the 8,700 miles to Saudi in the House of Representatives, each one of AS REPORTED BY THE NAVY Arabian ports was completed by 23 Septem­ ber, only six weeks from the time the first us can be inspired by her eloquence and her LEAGUE vehicle was put aboard. And during the wisdom. movement of troops, vehicles, and equipment DEMOCRACY-THE VANGUARD OF FREEDOM HON. C~ E. BENNETI from Europe during Phase II of the build-up, (By Robyn R. Juba, Colorado winner, 1990/91 OF FLORIDA mariners had to cope with the normal bitter VFW Voice of Democracy Scholarship Pro­ winter conditions of northern Europe, which IN THE HOUSE OF REPRESENTATIVES gram) included below-freezing temperatures, 50--ro­ Up until a few nights ago, I honestly didn't Wednesday, July 17, 1991 knot gales, and 30-foot seas. think too much about the word "democ­ An overwhelming success in all respects Mr. BENNETT. Mr. Speaker, the Navy racy". I came home from school one day and was the first use of the 13 Maritime I sat down on the couch and turned on the League's report "The Sea Services' Role in Prepositioning Ships, all of which were com­ Desert Shield/Storm" contains a section on T.V.; something that I usually do when I pleted and loaded with equipment for Marine come home from school and there was a the importance of the Navy and U.S.-flag sea­ expeditionary brigades from 1984-1986 but woman crying about her son. Her son was in lift fleets and the Navy's two hospital ships. had not been used except in limited exer­ the reserves and being sent over to Saudi The entire report will be printed in the Septem­ cises. The five ships of MPS Squadron TWO Arabia, and I felt really bad for her. Then, it ber issue of the Navy League's Sea Power arrived at Saudi Arabian ports from Diego hit me. I don't know why it took me so long, magazine . . Garcia on 15 August, and by 25 August the but I thought, we're helping to win another 7th Marine Expeditionary Brigade, whose country's freedom. Winning freedom. Hmm. THE SEA SERVICES' ROLE IN DESERT SIIlELD/ personnel had been flown to the Middle East, STORM Something I never really concentrated on had been linked up with its equipment and unless I was studying for a history test. I Sealift: When the Desert Shield build-up was ready for combat-the first heavy began to think about all the things that I commenced, that aspect of the operation ground combat capability in theater. The couldn't do if America wasn't a free country. which initially was criticized the most was four ships of MPS Squadron THREE from I couldn't write editorials in the school sealift. However, that criticism was for the Guam were close behind, and during Phase II newspaper as I do now. I couldn't choose my most part focused on the absence of enough the four ships of MPS Squadron ONE, which college major. I couldn't even drive into the immediately available sealift assets to move sailed in Atlantic waters, were deployed to next state. What would happen to Oprah Army and Air Force equipment to the Middle the combat theatre. Delivering all of the Winfrey? Then, once I started to think about East more rapidly. Even so, Gen. Colin Pow­ equipment those ships contained to the 45,000 all of this, I began to think about the trip ell, Chairman of the Joint Chiefs of Staff, men of the 1st Marine Division would have my ancestors made for freedom. They risked would testify before Congress in December taken 2,100 flights of giant C-5 aircraft, the so much; possible starvation and disease, that the first phase of the build-up was com­ largest U.S. transport aircraft. even death, to be free. What a trip to make! pleted a month earlier than expected. But by Backing up these ships were 12 Afloat But can you imagine how beautiful the Stat­ the time the ground campaign began, at Prepositioning Ships (Prepo) based in Diego ue of Liberty must have looked to them? which time the necessary ground forces were Garcia, which contained ordnance, supplies, They were free at last. in place, the Military Sealift Command had and fuel for the Army and the Air Force and I really felt guilty after thinking of all of utilized 21 chartered U.S.-flag ships, 162 for­ a field hospital which was in place and oper­ this and the many freedoms that I have all eign charters, and 106 ships of its own to ating only 16 days after being offloaded from too often taken for granted. move 2,424,700 short tons of dry cargo and the 450 international containers in which it So now I have this wonderful sense of ammunition to the Middle East in 551 lifts. was stored. The presence of all 25 pride. On Monday morning when we said The It also had moved with its own tankers mil­ prepositioned ships, with their invaluable as­ Pledge of Allegiance, instead of concentrat­ lions of tons of POL within theater. Interest­ semblage of cargo vital to combat oper­ ing on my test that hour, I concentrated on ingly, only 4.4 percent of all cargo moved ations, in relatively nearby waters and ready every single word of the Pledge. I realized was for naval forces. Another 600,000 short for immediate deployment to this particular that I was getting louder and louder and a tons of containerized cargo was lifted by crisis area, clearly justified beyond all doubt few people were looking at me kind of funny, U.S.-flag container ships. The movement of the concept that had led to their procure­ but I didn't care. I'm free; that's all that I cargoes originated in 19 U.S. ports and 22 in ment and creation and undoubtedly made could think of. foreign countries; they included everything mandatory the future construction and To think that we have set such an example from helicopters to howitzers to hospitals, equipping of additional ships for use by the for other countries. Everywhere you turn from tanks that had to be moved hurriedly Army. America's either trying to win freedom in from Europe or else be destroyed under an Also used for the first time were the another country, or we're watching walls arms-control agreements to minesweepers Navy's two hospital ships, Mercy (TAH 19) come down. Personally, I think that I'm liv­ moved by heavy-lift ship. Ships utilized and Comfort (TAH 20) based on the west and ing in a phenomenal time. Much of the world ranged from just-completed Henry J. Kaiser­ east coasts respectively. Underway within 5 is taking a closer look at democracy and see­ class tankers to one 45 years old, from the days of the order for their deployment, they ing how great it really is. eight fast-sealift ships, which carried 13 per­ were active in theater by 23 September. After thinking of all of this, I know that I cent of all cargo moved, to 74 ships activated Thankfully, at no time did these 1,000-bed can do anything that I want to. I can choose from the Ready Reserve Force, most with floating hospitals, with their tremendous any career and travel just about anywhere to relatively ancient steam-propulsion plants medical support systems, have to be used to pursue that career. that required equally ancient mariners re­ anywhere near the full capacity for treating So I think that I'll continue to say the called from civilian life, one of whom was 83, those wounded and injured in combat. Pledge of Allegiance as loud as I have been. to operate them. Of particular note was the Who knows? Maybe someone else might real­ shortage of roll-on/roll-off ships needed for ly start to think about the word "democ­ rolling stock. Only 17 were in the RRF; as a ROBYN JUBA-PROUD TO BE AN racy". consequence, 47 were chartered, 41 ·from al­ AMERICAN lied-flag shipping companies. Although the media often focused on the length of time required to load ships and sail HON. BEN NIGHTIIO~E CAMPBEil SPORTSMEN NEED PUBLIC LANDS them to the Middle East, they rarely de­ OF COLORADO FOR WILDLIFE HABITAT scribed conditions attendant to both loading IN THE HOUSE OF REPRESENTATIVES and sailing that resulted in unanticipated Wednesday, July 17, 1991 HON. RICHARD T. SCHUllE delays. For example, in Savannah, where OF PENN SLYV ANIA commencing on 11 August the equipment of Mr. CAMPBELL of Colorado. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES the Army's 24th Mechanized Division was rise today to share with my .colleagues an loaded aboard the eight fast-sealift ships, essay by one of my constituents, Robyn Juba. Wednesday, July 17, 1991 only two berths were available for loading, and these frequently were unavailable for as In March, Robyn was declared the Colorado Mr. SCHULZE. Mr. Speaker, as chairman of much as six hours a day because of tide con­ winner of the Veterans of Foreign Wars' Voice the Congressional Sportsmen's Caucus in the ditions and ramp angles. Further, one of the of Democracy Broadcast Scriptwriting Pro­ House of Representatives, I, along with my FSS broke down halfway across the Atlantic gram. I wish to congratulate Robyn on this caucus member colleagues, have been con­ and had to be towed to Rota for trans- outstanding achievement and to also urge my cerned about the intensified attack by the July 17, 1991 EXTENSIONS OF REMARKS 18793 antisportsman groups to eliminate hunting and marily fearful of injury to people and prop­ mandatory, not optional, condition prece­ trapping on Federal lands, and, more recently, erty in the vicinity, although some individ­ dent for suit." 110 S.Ct. at 309. For this on national wildlife refuges. With the material uals apparently share the Humane Society's Court's purposes, the holding of Hallstrom is loss of wildlife habitat, our Nation's sportsmen abhorrence of animal hunting generally. equally clear, and plaintiffs make no effort Plaintiffs bring this action under an array to distinguished Hallstrom. need access to public lands in order to have of federal statutes respecting the Nation's ESA clearly states that "written notice" a quality hunting experience where the renew­ wilderness assets. Each statute cited imposes of the violation must be given to the Sec­ able wildlife resources are managed properly, some obligation or duty upon inter alia, the retary and to the violator as a condition where hunting pressure is controlled and safe­ Secretary and the Service, of which defend­ precedent to suit. It was not given here. A ty is a paramount concern. Our National Wild­ ants' decision to open the Refuge to deer party's "comment," submitted to an agency life Refuge System offers thousands of men, hunting, according to plaintiffs, arguably in the course of a rule-making, does not con­ women and young people possibly their only places them in breach. If, for example, bald stitute for formal per-suit notice required opportunity to pursue their sporting heritage. eagles should be adversely affected by the bvy ESA, no matter how vehemently it may hunt, accidentally or otherwise, the defend­ have conveyed the party's intention to go to Such uses of wildlife refuges are certainly not ants will have been accomplices to a viola­ court if the rule ultimately adopted were not incompatible with the purpose and intent of tion of the Bald and Golden Eagle Protection to its liking. Count IV of the complaint will the National Wildlife Refuge System estab­ Act of 1940, 16 U.S.C. §§668-668d. So also with be dismissed. lished more than 85 years ago. respect to the Migratory Bird Treaty Act of II I was extremely pleased to note that such 1918, 16 U.S.C. §§703-712. The Endangered Spe­ Other counts in the complaint, however, compatibility determination was recently recog­ cies Act of 1973, 16 U.S.C. §§ 1531-1544, re­ are based on the Refuge Recreation Act of nized in Federal litigation where the Humane quires all federal agencies to "conserve" en­ 1982, 16 U.S.C. §460k; the National Wildlife Society of the United States sued the Depart­ dangered species. The hunt, plaintiffs say, Refuge System Administration Act of 1966, will actually place bald eagles in jeopardy, ment of Interior to ban whitetail deer hunting 16 U.S.C. §§668dd~ee; the National Envi­ not "conserve" them. Moreover, plaintiffs on the 2,300 acre Mason Neck Wildlife Refuge ronmental Policy Act, 42 U.S.C. §§ allege defendants' finding that the hunt will and a FWS regulation. "Agency action" al­ in Fairfax County, VA. The opinion of the court have no "significant" environmental impact provides a thorough and thoughtful analysis of leged to be in contravention of those stat­ is simply wrong. It most assuredly will have utes is presumably amenable to judicial re­ the parameters the Fish and Wildlife Service such an impact-on deer, on eagles, and pos­ view under the Administrative Procedure employs in determining whether or not hunting sibly on people and property-and, thus, the Act, 5 U.S.C. §706(2)(A) ("APA"). The parties is a compatible use of a given refuge. I com­ decision contravenes the National Environ­ have cross-moved for summary judgment on mend its reading to my distinguished col­ mental Policy Act of 1970, 42 U.S.C. §§4321- these remaining counts. leagues: 4335, by the absence of an environmental im­ In reviewing the FWS' decision to open the pact statement in the administrative record Mason Neck Refuge to deer hunting, the [U.S. District Court for the District of compiled in conjunction with the rule-mak­ Columbia, Civil Action No. 89-2772) Court is, of course, obliged to apply the APA ing process resulting in the decision to im­ standard of review, VIZ., whether the agency THE HUMANE SOCIETY OF THE UNITED STATES, plement the hunt. acted "arbitrarily or capriciously, commit­ ET AL., PLAINTIFFS.. v. MANUEL LUJAN, JR., I. ted an abuse of discretion, or acted otherwise ET AL., DEFENDANTS The Secretary and FWS have moved to dis­ not in accordance with law." 5 U.S.C. MEMORANDUM AND ORDER miss Count IV of the complaint on proce­ §706(2)(A).s As always under the APA, the re­ This case is brought by a public interest dural grounds. Count IV purports to assert a viewing court is expected to limit itself to organization, the Humane Society of the direct cause of action under the Endangered the contents of the administrative record.a United States, and various coalitions of Species Act of 1973, 16 U.S.C. §§1531-1544 Camp v. Pitts, 411 U.S. 138 (1973). The review­ homeowner/citizens, against the United ("ESA"), the statute imposing the general ing court is also not to substitute its judg­ States Secretary of the Interior and the Di­ obligation upon federal departments and ment for that of the agency. It is simply to rector of the Fish and Wildlife Service agencies to "conserve" endangered species of ascertain whether the agency has examined ("FWS" or "the Service") to prevent the im­ wildlife, 16 U.S.C. §1531(a)(l). The bald eagle the relevant data and articulated a satisfac­ plementation of defendants' decision to per­ is an endangered species, and ESA makes it tory explanation for its actions, including a mit limited public deer hunting on a na­ unlawful for anyone to "take" a specimen of rational connection between the facts found tional wildlife refuge in Fairfax Couty, Vir­ such species, 16 U.S.C. § 1532(a)(l)(B). It also and the choice made. Only a "clear error of ginia. The case is now before the Court on provides expressly for its enforcement by judgment" may be set aside. Motor Vehicle the parties' dispositive cross-motions for "citizen" civil suits commenced by "any per­ Manufacturers Assoc. v. State Farm Mutual final judgment on the record, having been son" against any other person, including the Ins. Co., 463 U.S. 29, 43 (1983) (quotation preceded by some evidentiary proceedings in United States and its officials, to enjoin its marks and citations omitted). open court on plaintiffs' several attempts to violation. 16 U.S.C. § 1540(g)(l)(A). The final The National Wildlife Refuge System Ad­ obtain preliminary injunctive relief.7 For the rule, the plaintiffs allege, does nothing to ministration Act of 1966, 16 U.S.C. §§668dd-ee, reasons to follow, the Court will deny plain­ "conserve" the endangered bald eagles; to and the Refuge Recreation Act of 1962, 16 tiffs' motion and grant the defendants' mo­ the contrary, it poses a significant danger U.S.C. §460k, authorize the Secretary of the tion, dismissing the complaint with preju­ that bald eagles will be "taken," even if in­ Interior to permit "appropriate incidental or dice. advertently. secondary use(s)" of wildlife refuges, even In August, 1989, the FWS issued a final "Citizen suits" to enforce the ESA, how­ though "recreational" in character, includ­ rule, 54 Fed. Reg. 36032 (Aug. 31, 1989), open­ ever, are required by the Act itself to be pre­ ing hunting, which are "compatible with, ing the Mason Neck National Wildlife Refuge ceded by at least 60 days' written notice of and will not prevent accomplishment of, the ("the Refuge") for deer hunting during the the violation to the Secretary and to the primary purpose for which the[Se] areas fall hunting season in Virginia. The Refuge, "alleged violator" (in this case, presumably were established." 16 U.S.C. §§460k, 668dd(d). comprising approximately 2300 acres of the FWS). 16 U.S.C. § 1540(g)(2)(A). Defend­ The applicable regulation provides that any Mason Neck, an 8000-acre peninsula on the ants assert that plaintiffs failed to give the action the Secretary takes must be "consist­ south shore of the Potomac River 18 miles required 60-day pre-suit notice before com­ ent with principles of sound wildlife manage­ downstream from Washington, D.C., was es­ mencing this action; indeed, they have yet to ment, and must otherwise be in the public tablished in 1969 as a habitat and sanctuary give it. Plaintiffs respond that their an­ interest." 50 C.F.R. 32.1. for bald eagles. It has been altogether closed nounced intention to sue, made in the com­ The parties are in voluble disagreement as to hunting for the first 20 years of its exist­ ments they submitted to FWS during the no­ to how to ascertain whether a secondary use ence. The decision in 1989 to open it to deer tice-and-comment period of the rulemaking of a wildlife refuge is "compatible" with its hunting was impelled, in principal part, by in opposing the idea of a hunt, sufficed as no­ primary purpose.7 Plaintiffs postulate the FWS' desire to find an expedient to control tice to the Secretary and FWS that litiga­ existence of an "almost absolute presump­ the Refuge's burgeoning white-tailed deer tion would be forthcoming if the final rule tion" against secondary uses of wildlife ref­ population. were adopted. uges, a phrase derived from the case of De­ The Humane Society questions the legit­ In Hallstrom v. Tillamook County, 493 U.S. fenders of Wildlife v. Administrator, Environ­ imacy of the Service's justification for the 20, 110 S.Ct. 304 (1989), however, the Supreme mental Protection Agency, 685 F. Supp. 1334, hunt, as well as its refusal to acknowledge Court interpreted a similar statutory pre­ 1355 (D. Minn. 1988), aff'd in relevant part, 882 the potential for harm to the wildlife species suit notice requirement, observing that the F.2d 1294, 1299-1301 (8th Cir. 1989). They also to which the Refuge is dedicated, the bald statutory provision "could not be clearer." cite an earlier decision of another judge of eagle. The homeowner organizations are pri- The Supreme Court continued to hold that, this district court in Defenders of Wildlife v. by the literal language of the statute, "com­ Andrus, No. 78-1220 (D.D.C. July 14 & Aug. 18, Footnotes at end of article. pliance with the 60-day notice provision is a 1978) ("Ruby Lake"), permanently enjoining 18794 EXTENSIONS OF REMARKS July 17, 1991 the FWS from permitting recreational land areas, away from the eagles' preferred ery hunts and the 1990 shotgun hunt which the Court motorboating at the Ruby Lake National roosting sites near the river shore. The sin­ permitted to go forward while the case was pending. 7 Wildlife Refuge in Nevada. The Ruby Lake gle extant eagles' nest would be cir­ The ADA states that secondary uses of wildlife refuges may be regarded as " compatible" with their court declared that the " burden of proof is cumscribed by a buffer zone in which neither primary purposes 1f they would (1) " not prevent ac­ 1 necessarily on [the Service) to demonstrate hunting nor transit would be permitted. 0 complishment of," (2) are " not inconsistent with," that [recreational) use is incidental to, com­ And boundaries would be fixed, and well­ or (3) "will not interfere with" the primary pur­ patible with, and does not interfere with the marked, to keep hunters away from dwell­ pose." 16 U.S.C. §460(k). The term is not otherwise, primary purpose of the refuge," and that the ings and roads adjacent to the Refuge.11 See, however, further statutorily defined. RRA " does not permit [FWSJ to weigh or generally, AR 25-42. 8The Ruby Lake Refuge's " primary purpose" was balance . . . recreational interest against This Court need only conclude that the to serve as a breeding ground and sanctuary for mi­ gratory birds, principally waterfowl. [that) purpose." Defenders of Wildlife v. agency took account of the relevant factors, 9 Plaintiffs actually find nothing about the deci­ Andrus, No. 78-1210, slip op. at 9 (D.C.C. July and that the decision was not arbitrary and sion to allow the hunt to be defensible. Not only is 14, 1978).S capricious, in order to sustain it. FWS ap­ the ostensible justification offered for it specious, Defendants reject plaintiffs' suggestion pears to have done as it was obliged to do they contend, but the precautions taken by FWS that anything resembling a formal " pre­ here, as this district court has concluded in against injuries to persons or property are inad­ sumption" against secondary uses is to be other cases challenging similar decisions by equate or futile; the disturbance of the bald eagles' found in the legislation. They submit that the Service to open other wildlife refuges to tranquility, not to mention their health, a virtual certainty; and the hunt as a means to an end, i.e., a the Act requires only that the Secretary deer hunting. See Friends of Animals, Inc. v. reduction of the deer herd, as cruel as it is ineffi­ make a "finding" that the proposed second­ Hodel, Civil Action 88-2978 (D.D.C. November cient. ary use is "compatible" with the primary 10, 1988) (Supawna Meadows, New Jersey); 10 Several studies contained in the record suggest purpose of the Refuge, as he has in this case, Humane Society of United States v. Clark, Civil that any human presence, and, in particular, gun­ and this Court must review that finding Action 84-3630, slip op. at 8-12 (D.D.C. Janu­ fire, disturb eagles, causing them to "flush'', or fly under the familiar inhibitions of APA re­ ary 27, 1987), aff'd in pertinent part, reversed on out of their roosts and flee from the disturbance. At view. See Humane Society of the United States other grounds sub nom. Humane Soceity of the preliminary injunction hearing in November, 1990, the Court received extrinsic evidence regarding v. Modal, 840 F.2d 45 (D.C. Cir. 1988); Friends United States v. Hodel, 840 F.2d 45 (D.C. Cir. eagles' sensitivity to the presence of humans, and it of Animals, Inc. v. Modal, Civil Action No. 88- 1988) (Chincoteague, Virginia). concurred with the Secretary's finding that the 2978 (D.D.C. Nov. 10, 1988). As was true in those cases, this con­ shotgun hunt would not unduly disturb the eagles. The Service has contended throughout troversy, too, it appears, is animated pri­ Experience with the 1990 shotgun hunt has not dis­ these proceedings that the hunt is actually marily by the plaintiffs fundamental philo­ proved that conclusion. part of an overall "refuge management sophical and public policy disagreement with 11 Plaintiffs contend that the proximity of private plan," and that the hunt will, in fact, further the government over the wisdom and perhaps dwellings to the Refuge, as well as a major thor­ oughfare which is traversed daily by school buses, the primary purpose of the Refuge in provid­ the morality, of the sanctioned killing of makes the hunt inordinately dangerous to humans. ing an authentic natural habitat for bald ea­ wild game on public lands ironically denomi­ Plaintiffs assert that the buffer zones which the gles. FWS asserts that deer overpopulation nated a "wildlife refuge." Neither wisdom FWS has established are inadequate to assure safe­ in the Refugre is causing its degradation; ex­ nor morality, however, is countenanced as a ty, because shotgun blasts can, according to plain­ cessive browsing has shorn away much ground upon which this court may substitute tiffs, travel distances in excess of the buffer zones, ground level new growth. Plaintiffs argue its judgment as to the proper uses to be and because certain hunters will "inevitably" either that the relevant data on the deer popu­ made of the Refuge for that of the defend­ not see or will ignore the markers delineating the buffer zones. lation at Mason Neck is too sparse, dated, ants, even were it wholly in sympathy with As the Court observed upon its own visit to the and sporadic to provide a reliable indication plaintiffs. premises of the hunt, the hunt area is separated of the size of the deer herd. Further, because For the foregoing reasons, therefore, it is, from homes and from the road by buffer zones of a deer are nomadic and can be found through­ this 18th day of June, 1991. minimum of 275 and 100 yards, respectively. The out the Mason Neck peninsula, including Ordered, that plaintiffs' motion for sum­ boundaries are well-marked by swatches of brightly other parklands adjacent to the Refuge, it is mary judgment is denied; and it is colored material every several yards, each visible far from certain that reducing the herd in­ Further ordered, That defendants' to dis­ from its nearest neighbor. Additionally, all hunters wishing to participate in the hunt must attend a digenous to or found in the Refuge itself will miss and motion for summary judgment is safety orientation session. solve the problem of overbrowsing. The hunt granted, and this case is dismissed with prej­ It is possible t hat some hunters may disregard the may not, therefore, significantly reduce the udice. markers or disrespect the rules, but as the Court has foraging deer population in the Refuge.e THOMAS PENFORD JACKSON, previously observed, the fact that some people will Nevertheless, the administrative record re­ District Judge. break the rules does not demonstrate the folly of promulgating such rules in the first place. And flects that the FWS has monitored the deer FOOTNOTES presence in the Refuge since the 1970's by again, experience with the 1990 shotgun hunt is reas­ 1 See Memorandum and Order of November 6, 1990, suring. several methods, all of which, flawed or not, the findings and conclusions of which are adopted showed it to be steadily increasing. By 1988 and incorporated herein. the size of the herd was estimated to be 2 To " take" a species is, inter alia, "harass" or roughly double the number the land area "harm" it in any way, not merely to shoot, kill, or A SALUTE TO FRANCESCO could comfortably support. Inspection of the capture it. 16 U.S.C. §1532(19). CANTARELLA vegetation reinforced the population esti­ 3 The Hallstrom case proceeded under the Resource mates; browsing to excess was, at least in Conservation and Recovery Act of 1976, 42 U.S.C. the Service's opinion, apparent, to knowl­ §6972 ("RCRA"), but the Supreme Cour t itself noted HON. EDOLPHUS TOWNS that the ESA notice provision would have compelled OF NEW YORK edgeable observers. Examination of deer car­ a similar result. 110 S. Ct. at 307, n.l. casses disclosed evidence of malnutrition, a 4 Defendants also move to dismiss those counts IN THE HOUSE OF REPRESENTATIVES sign, the Service said, that the deer, as well charging violations of the Bald and Golden Eagle Wednesday, July 17, 1991 as the flora upon which they fed, were suffer­ Protection Act, 16 U.S.C. §§668--668d ("BGEPA") ing as a result of their overabundance. (Count Ill), and the Migratory Bird Treat y Act, 16 Mr. TOWNS. Mr. Speaker, today I rise to Having concluded that the deer population U.S.C. §§703--712 ("MBTA" ) (Count V), neither of pay tribute to Francesco Cantarella. which provide expressly for private causes of action. must be reduced, the record shows, the FWS Plaintiffs respond that they are really proceeding in After obtaining a B.A. from Bard College did give thought to alternative means of Counts III and V via the Administrative Procedure and an M.S. from Columbia School of Journal­ doing so. Trapping and transportation were Act, 5 U.S.C. §706(2)(A), as a party aggrieved by ism, Mr. Cantarella began his working life as rejected as too time-consuming, labor-inten­ agency action that is "not in accordance with law," a reporter for a Newark, NJ newspaper. Fol­ sive, and costly, as was chemical steriliza­ i.e., the BGIFA and MBTA. The Court assumes with­ tion of the deer. The introduction of preda­ out deciding that plaintiffs may do so. But See De­ lowing a successful career as a journalist, Mr. tors was contraindicated by the proximity of fenders of Wildlife v. Administrator, Environmental Pro­ Cantarella changed careers to become a vice tection Agency, 882 F.2d 1294 (8th Cir. 1989). president with Chase Manhattan Bank. After human habitation. FWS was without suffi­ 5 See, e.g., Humane Society of United States v. Hodel , cient personnel at the Refuge to do the job 840 F .2d 45 (D.C. Cir. 1988). more than a decade of success in the financial in-house by itself. A well-controlled public 6 Although, in theory, judicial review under the industry, Mr. Cantarella joined Abraham & hunt was in its judgment, the optimum solu­ APA is confined to the administrative record, as a Straus in 1980. Through tireless and diligent tion. That it would simultaneously gratify practical matter in this case the administrative record has been abundantly supplemented by addi­ effort, he has risen to hold the office of the the desire of some local sportsmen for the vice president of Abraham & Straus, opportunity to hunt Mason Neck was merely tional filings by both sides; live testimony taken in a felicitous by-product. conjunction with plaintiffs' requests for preliminary Bloomingdales and Sterns. relief; the Court's own inspection on-site of the por­ In addition to his personal success, Mr. FWS then turned to the matters of the ea­ tions of the Refuge on which hunting has taken and gles' and public safety during the hunt. The will take place; and the prescience afforded for the Cantarella has vigorously contributed to the hunt territory was to be limited to the in- future by the actual experience with the 1989 arch- growth and development of the financial and July 17, 1991 EXTENSIONS OF REMARKS 18795 social of life his community. He has served on and flair, students dubbed him "Duke", after [From the Orange County Register, May 19, the board of directors of numerous organiza­ the legendary maestro Duke Ellington. 1991) tions including: the New York Urban Coalition; Jenkins, a native of Canton, soon returned THE BRADY BILL: IN SMALL INCREMENTS, WE to the Cleveland area, after three long enjoy­ the Better Business Bureau of Greater New SURRENDER FREEDOM able years in . Once back in Cleveland, (By Robert J. Ringer) York; Brooklyn Chamber of Commerce. As Jenkins replaced the popular Quintet with founder and co-chair of Career Opportunities the Organ Trio. Now that Congress has jumped on the gun­ for Brooklyn Youth and a vital member of the It was in 1962 when the Duke Jenkins Trio control bandwagon by passing the Brady Randolph Evans Memorial Scholarship Fund began playing area hot spots. The Duke Jen­ Bill, and President Bush is poised to sign it, kins Trio played the Marriott and Ramada the proponents of personal disarmament are he has served as an indispensable link be­ almost giddy with excitement. tween business leaders and civic leaders. His Inns in Cleveland for a combined period of five years. Hard-core gun-control advocates make no efforts have forged and polished this essential During the five years that The Jenkins bones about the fact that they want all guns partnership. Because of his sincere desire to Trio performed the Cleveland area clubs, outlawed. They would prefer to accomplish improve the life chances for economically dis­ Duke managed to record his first album enti­ their end quickly, but if the only way they advantaged students, countless young people tled, "Melodies to fit your mood," which was can do it is through time-tested gradualism, have benefitsed from educational and career recorded for Lanco Records. In 1980 Duke so be it. We Americans are easygoing, even opportunities. came back with another album called "Night lackadaisical. It seems we are willing to ac­ Songs". quiesce to just about any kind of moral out­ I rise to salute this renaissance man who rage, so long as we are given enough time to has rendered significant contributions to Duke then hit the public with what was to be his final album, entitled "Something digest it. Brooklyn. New" in 1985. This was something new for In another interview, a gun-control advo­ Duke; to finally receive recognition as a na­ cate said, "If the Brady Bill keeps just one tional recording artist-a new approach. person from acting on impulse and killing JAZZ GREAT DUKE JENKINS The Duke Jenkins Trio are still performing someone, it's worth it." Says who? I contend together, and can be "experienced" Tuesday that even if the Brady Bill saved thousands HON. LOUIS STOKFS through Sunday at the Quail Hollow Inn in of lives (which it wouldn't), it still should Painsville. not be enacted. Five times as many people OF OHIO For over one quarter of a century, Duke get killed in automobile accidents as by IN THE HOUSE OF REPRESENTATIVES Jen kins has been thrilling jazz lovers of all guns, but this unfortunate fact of life doesn't Wednesday, July 17, 1991 backgrounds with his smooth, melodic bari­ deny responsible individuals the use of auto­ tone voice. He has been described as being mobiles. Likewise, just because some people Mr. STOKES. Mr. Speaker, on Friday, July versatile enough to perform all phases of use guns for criminal purposes is no reason 19, 1991, citizens of Qleveland will pause to jazz, which is why he has such a loyal follow­ to deny prudent, honest people the right to pay tribute to one of this Nation's greatest jazz ing. own them. There seems to be an illogical as­ musicians, Duke Jenkins. Duke and his broth­ Duke and his lovely wife Christina (cred­ sumption in some quarters that just because er, Fred, and Ralph Jackson, who together ited with inventing the original hair weave something can be used to harm someone, it process) have two children, daughter Sheila will be used for that purpose. comprise the Duke Jenkins Trio, have become I wish the defenders of gun ownership legendary in the music field in our city. It has 42, and son Herman Jenkins, Jr. 40, and granddaughter Sheilly 19, who will be cheer­ would stop basing their arguments on statis­ been my personal pleasure to have been the ing on as the great Duke Jenkins is appre­ tics, which implies, through omission, that beneficiary of their friendship for many years. ciated on July 19th. they accept the moral position of the gun­ Additionally, they have been staunch support­ Duke Jenkins has been a pillar of Cleve­ control lobby. Instead, they should have the ers of my brother, Carl B. Stokes, during the land's jazz community since the early 1950's. courage to make their stand on moral period that he served as the mayor of Cleve­ He has since become a significant part of jazz grounds and let it be known that gun control land. history. Cleveland is truly richer for the mu­ is a freedom issue. The government simply It is indeed a great pleasure for me to share sical contributions he has made to our com­ has no right to forbid you to own a gun, for munity. the same reason it has no right to forbid you with my colleagues a recent article on Duke to own anything. Jenkins which appeared in the Call & Post In point of fact, the term gun control is a Showtime magazine on July 11, 1991. THE BRADY BILL: IN SMALL IN- misnomer. What advocates really mean by Mr. Speaker, I ask all my colleagues to join this term is people control. The right to bear CREMENTS, WE SURRENDER arms is not only a means of protecting one's me in paying tribute to a great musician and FREEDOM even greater human being, Duke Jenkins: life and property from other citizens; it is a last resort of defense against a repressive DUKE JENKINS TO BE HONORED AT THE government. People have learned this lesson STATLER HON. TOBY ROTH OF WISCONSIN the hard way throughout history-in Hitler's (By Tina Killings) Germany, in the Soviet Union and its east­ Jazz great Duke Jenkins, who is best IN THE HOUSE OF REPRESENTATIVES ern European satellites, and, most recently, known in the Cleveland area for his appear­ Wednesday, July 17, 1991 in Iraq. ances with his Qunitet back in the early Mr. ROTH. Mr. Speaker, I have here an arti­ Owning guns has nothing to do with crime. 1950's, and later for his television variety It has to do with preventing crime. Isn't it shows sponsored by area Dodge dealers, will cle written by author Robert Ringer that ap­ remarkable that there are laws preventing be honored at the Swingo's Ballroom at the peared recently in the May 19 issue of the Or­ law-abiding citizens from carrying "con­ Statler. Jenkins appeared on his variety ange County Register. cealed" weapons, yet in every city in Amer­ show for two years before he decided to take The article is entitled "The Brady Bill: In ica criminals walk the streets carrying such his now famous Quintet on the road. Duke Small Increments We Surrender Freedom," weapons? Thus, gun-control laws result in and his band went to Miami Beach, where and in it, Mr. Ringer speaks to us about the criminals having a one-sided advantage over they began playing at the ever popular "Har­ issue of gun control, and the need to protect noncriminals! ry's American Bar" inside the Eden Roe our individual freedoms against Government's Guns are a form of self-defense, and by re­ Hotel. The Quintet played at the Miami moving a tool of self-defense from someone, Beach Hotel for a lasting three-year engage­ natural tendency to restrict those freedoms. government not only violates his rights but ment. Government's attempt at gun control, Mr. endangers his life. A gun is an individual's While performing at "Harry's," the quintet Ringer points out, do not attack the problem of ultimate means of preserving his freedom. shared the spotlight with outstanding per­ crime. Rather, they erode the hard-won free­ Could there be a connection between govern­ formers such as, the late, great, Sammy doms secured by our Founding Fathers. What ment's increasing violation of our individual Davis Jr., musical legends, Pearl Bailey and is needed are tougher laws that hold individ­ rights and its stepped-up efforts toward gun Nancy Wilson, the musical and comedic tal­ uals responsible for their actions. Those who control? As Morgan Norval has said, "Ending ents of Dean Martin and Jerry Lewis, as well commit crimes should pay the price, not law­ violence may be the dream, but the night­ as the ever popular calypso sounds of Harry abiding citizens who want to exercise their mare of reality is total tyranny of the Belafonte, just to name a few. state." Duke Jenkins, born Herman Jenkins, re­ constitutional rights. For the media to tie their push for gun­ ceived the name "Duke" during his days at I commend this article to my colleagues as control legislation to tragedies like the Miami University of Ohio, while singing with we move toward consideration of the crime Stockton playground killings and accidental the campus orchestra. Because of his style bill. shootings by kids playing with their parents' 18796 EXTENSIONS OF REMARKS July 17, 1991 guns is shameless. There are thousands of His entry, a Pontiac, carries the black, approached Sabates and three others about criminals doing quite nicely without guns­ green and gold colors of Mello Yello, number marketing a battery-powered, talking bear. raping, beating, burning, strangling, and 42, and, normally, . On Saturday, Does the name Teddy Ruxpin ring a bell? smothering children. Should we outlaw Bobby Hillin Jr. will be at the wheel in the "We had one sample," Sabates said, chuck­ matches, handkerchiefs, and pillows, too? Or Pepsi 400 at the Daytona International ling. "And that didn't really work. All we how about just castrating the entire male Speedway, and will be until Petty recovers had to show customers was a concept. We population? The only sensible way to deal from the injuries he suffered in a crash May didn't even have a manufacturing company. with crime is through tougher crime laws 6 at the Winston 500 in Talladega, Ala. But we went out and sold $100 million in less and a system that strips criminals of most of Sabates believes in hiring people and then than six months." their rights. getting out of their way. But he always has That venture was separate from Sabates' It's nice to cheer the troops on their return his finger on the team's pulse, and he's al­ Top Sales Inc .. and led to Nintendo hiring from victory over a third-world potentate, ways visible, and excitable, on race day. Sabates as its Southeast representative wave American flags, and extol how wonder­ "I've had more highs and lows in five years when it first came to America. ful it is to live in a free country, but if the in auto racing than I've had in 25 years in "I can remember asking Walter Reich one governments can tell you what you can and the other businesses," he said, glee in his time, 'Do you think we'll ever do $5 million cannot own, what real meaning is there to voice. "Every race day you hold your breath. in [annual] sales? Now we have that in defec­ this so-called freedom? Every race day you experience the joy of vic­ tive returns," he joked. It would serve all of us well to stop being tory or the agony of defeat." Sabates decided to start his own Winston taken in by the moral droolings of Holly­ Felix Sabates radiates pride when he Cup team in 1988 and swore to apply the wood confuseniks and heed the words of speaks of his own father, a highly successful same business principals to stock car racing Etienne de la Boetie in the 16th century: "It businessman until Castro took power that served him well at Top Sales. Sabco is incredible how as soon as a people becomes and then, piece by piece, the senior Sabates' Racing is fully computerized, and every de­ subject, it promptly falls into such complete empire. partment produces a profit-and-loss state­ forgetfulness of its freedom that it can hard­ Sabates' mother, four sisters and two ment. ly be roused to the point of regaining it, brothers would follow Felix to the United But even in a business where a $3-million obeying so easily and so willingly that one is States in 1963, four years after he arrived. sponsorship is not rare, and Mello Yello is led to say .. . that this people has not so Sabates' father came to the United States in one of the best sponsors, Sabates admits: much lost its liberty as won its enslave­ 1965. His parents, four sisters and dozens of "You'll never show a big return on your in­ ment." other relatives still live in Miami, while his vestment.'' brothers work for him in Charlotte. But the man who has turned $25 and two "At one point, my father had four or five boxes of cigars into millions also admits the TRIBUTE TO FELICIANO SABATES, jewelry stores in Miami," he said. "I remem­ return on his stock car racing investment is JR., A PRODUCT OF THE AMER­ ber he first rented this little hole in the wall, much more a dollar-sign bottom line. ICAN DREAM at 141 NE First St. He's 73 now, but he still "The greatest thing that's happened to me has one jewelry and two optical stores. He in auto racing is the people I've met," goes to work at 9 in the morning and works Sabates said. " They're genuine." HON. ILEANA ROS.LEHTINEN until 8 at night. And when he was 69, he took OF FLORIDA Mr. Felix Sabates is an asset to our country refresher courses to pass the boards and be and an inspiration to its citizens. He gives IN THE HOUSE OF REPRESENTATIVES able to practice optometry." hope to the many immigrants seeking refuge Wednesday, July 17, 1991 Clearly, Sabates' zest for the business world is inherited. But beginnings get no every year in our great land of opportunity. Ms. ROS-LEHTINEN. Mr. Speaker, it is my humbler than those Felix endured. "My first pleasure to take this moment to tell the Nation job was in a hospital washing pots and pans," of a most inspiring citizen, Feliciano Sabates, he said. He's fond of adding that he quickly LOGISTIC CHALLENGES FOR NAVY Jr. The July 5, 1991, issue of the Miami Her­ got a promotion. "To washing dishes." AND DEFENSE DEPARTMENT ald featured an article about Mr. Sabates and Sabates stayed in Miami for only three PLANNERS IN DESERT SHIELD/ his struggle to the top as one of the leading days after arriving from , leaving to live STORM businessman in the United States. with an aunt and uncle in and later The article is as follows: in Columbia, Mo., where he worked as a hos­ pital orderly before going to work selling HON. CHARLFS E. BENNETT Daytona Beach.-Feliciano Sabates, Jr., pots and pans door-to-door-while still learn­ OF FLORIDA then 16 and a bit rebellious, had not yet ing English. IN THE HOUSE OF REPRESENTATIVES formed firm convictions about communism. In 1963, his mother, brother and sisters left He simply didn't like . In Cuba, Cuba and settled in Lexington, N.C., through Wednesday, July 17, 1991 in 1959, that was not a healthy attitude. a relocation program, and Mr. BENNETT. Mr. Speaker, logistics chal­ "I had gotten involved with some of the for a while Sabates became their sole sup­ underground people," Sabates said. "I want­ lenges were discussed in a segment of the port. He worked as many as 80 hours a week Navy League's report "the Sea Services' Role ed to go into the mountains and fight. That's sanding furniture. how stupid I was. My father figured I'd be Later that same year, the family moved to in Desert Shield/Storm." These challenges dead ifhe didn't get me out." Charlotte. Sabates first got a job parking faced both Navy and DOD planners. This part That's why Sabates flew into Miami Inter­ of the report is submitted for inclusion here national Airport late that year with $25 in cars for a rental agency. Then he began sell­ his pocket and two boxes of cigars. ing cars. That indirectly started him on tbe and the entire report will be printed in the Sep­ "They wouldn't let you take money out of business path that made it possible for him tember issue of the Navy League's Sea Power the country," he said. "But everyone in Cuba to own race cars. magazine: "I made a lot of money selling cars,'' knew cigars were like cash in the United THE SEA SERVICES' ROLE IN DESERT SHIELD/ States. A man came up to me in the airport Sabates said. "But I didn't like it." One of Sabates' customers, Walter Reich, STORM and said, 'I'll give you $20 for the cigars.' I Logistics: The massive, outstandingly suc­ said 'I'll take $25.' " also was a Cuban immigrant, and Reich had known Sabates' father. "I asked Walter, cessful logistics effort mounted to support He was born not to become a captain of all forces during Desert Shield/Storm per­ freedom fighters, it turns out, but a captain 'What do you do?' He said he was a manufac­ of American commerce. turer's rep." That sounded good to Sabates. haps served best to emphasize the impor­ Today, Felix Sabates heads a Charlotte, He asked Reich to hire him. A year later tance of the leadership and organization that N.C., company that does $400 million in an­ Reich had an opening and obliged. characterized the Navy during the decade of nual sales. His Top Sales Inc. deals in domes­ Sabates' sales ability transferred easily. the 1980s and the establishment and fine-tun­ tic and import products ranging from Reich first gave Sabates a small percentage ing of a system which, when called upon in Nintendo games to personal care items by of the business. In 1973, Sabates bought out time of crisis, worked almost flawlessly. As Windmere, a Hialeah-based company. Reich, who was retiring. hosts of statistical data bear out, the Navy He has the country's largest dealership in One of the products Sabates reluctantly was out in front logistically from the time Hatteras yachts and sportfishing boats. He is agreed to market as the company gradually President Bush ordered U.S. forces deployed a minor partner in the NBA's Charlotte Hor­ grew in those early years was a game called to the Middle East and remained in front nets. And he has a zest for life and adventure Pong. The manufacturer? Atari. " I was in­ throughout the build-up and the ultimate that has steered him onto thunder road. volved with Atari from the beginning when conflict. You can't really call Felix Sabates a good it came to this country in 1976." The scope of the logistics effort was so ol' boy. But in three short years, he has man­ But the first great financial windfall for broad it almost defies being encompassed aged to fit right in on the NASCAR circuit. Sabates came when a former Atari employee into a brief commentary. However, a focus July 17, 1991 EXTENSIONS OF REMARKS 18797 on a few areas of diverse logistics endeavor Navy once again called on its cargo-handling A BILL TO ESTABLISH THE does make possible a better understanding of battalions, 80 percent of whom are Naval Re­ CURECANTI NATIONAL RECRE- what was done even before a shot was fired, servists. More than 2,400 were airlifted to ATION AREA and after hostilities began, to help bring Saudi Arabia along with 40 tons of equip­ about the smashing victory that ensured. ment; once there, they were moved where Long before Desert Shield began, and as a needed. It was they who made possible the HON. BEN NIGHTHORSE CAMPBEil result of the experience gained in the more tremendously quick link-up of Marines and OF COLORADO than 40 years of operating in Middle Eastern their combat equipment by offloading ships IN THE HOUSE OF REPRESENTATIVES waters and the large and lengthy naval pres­ of MPS squadrons TWO and THREE with ence there during the escorting of Kuwaiti amazing speed. These cargo handlers were Wednesday, July 17, 1991 tankers in 1987-1988, many steps had been used as far afield as Rota, too, where they Mr. CAMPBELL of Colorado. Mr. Speaker, taken to prepare for logistical emergencies. transshipped 24th Division equipment from last year the people who live near the Contracts had been completed for repair the disabled fast-sealift ship Antares for the work to be accomplished on battle-damage onward voyage to Saudi Arabia. In all, they Curecanti National Recreation Area [NRA] ships, if necessary in shipyards and drydocks operated out of 21 different ports. celebrated its 25th anniversary. The Curecanti in Bahrain and Dubai in the Persian Gulf To build practically anything that anyone National Recreation Area was first recognized area and in Turkey and Israel in the eastern asked for the ubiquitous and ever-responsive through an agreement between the National Mediterranean. Many fuel-supply outlets had Seabees-5,000 in all, of whom 1,000 were Park Service and the Bureau of Reclamation. been arranged for. The future use of count­ Naval Reservists-were called upon. They re­ This 40,000-acre recreation area served more less airfields and naval facilities had been sponded with the zeal for which they became coordinated. And the magnificant Saudi Ara­ known throughout island campaigns in the than a million visitors last year, making it one bian ports of Al Jubayl and Ad Damman on Pacific in World War II and with new tech­ of the most popular attractions in Colorado. the Persian Gulf were more than ready for niques as well, including the use of arches Although the area has been operating under any kind of onslaught of cargo ships. produced by automatic building machines a cooperative agreement, approved by the Meanwhile, carriers departing the United that made possible the erection of buildings Secretary of the Interior, Congress has never States were sailing routinely with 90 days of 80 percent faster than with older methods. formally recognized it, making it difficult for the aviation supplies, 75 days of provisions, 60 They built, among other things, hospitals, Park Service to secure adequate funding. days of ship supplies, 30-60 days of medical barracks, messhalls, security towers, and Today, I am introducing a bill to accomplish supplies, and 30 days of ammunition. Their parking aprons, and provided water piping escorts were supplied accordingly, as were and power lines for all. They laid 7 million this unfinished goal. other combatants headed for the Middle square feet of matting for Marine aircraft This proposal legislatively establishes the East. And combat logistics forces ships parking and taxiways, enough to cover 233 boundaries of the NRA on existing Federal (CLF) sailing with those task forces carried football fields. They moved over 3 million lands and acknowledges the recreational pur­ another 90 days of ship supplies and 30 more cubic yards of sand for fill and 255,000 cubic pose for which the land has been set aside. of ammunition. To support them as nec­ yards of select fill. The latter amount alone Recreation and tourism have become a essary Military Airlift Command channel would have required a 120-mile column of mainstay of Colorado's economy. The visita­ services were expanded and established, from dump trucks bumper to bumper. They used Norfolk to Bahrain in the Atlantic, from 7.7 million board feet of lumber, representing tion at federally owned and State-run recre­ Subic Bay in the Philippines to Al Fujayrah enough 2 by 4s to stretch from Pittsburgh to ation facilities far exceeds any original pre­ in the United Arab Emirates in the Pacific, Los Angeles, and 262 miles of electric wire. dictions. For instance, even at the small Rifle and from Sigonella, Sicily, to Jiddah, Saudi They created mock gun turrets and tanks to Gap Project the Government estimated that Arabia, in the Mediterranean. Additionally, deceive the enemy. But their crowning feat only 16,000 people a year would visit the "Desert Express" air service was established was the most dramatic-the construction project, yet annual visitation exceeds 100,000. from Charleston to Bahrain for the move­ just before the ground campaign began of 200 Fortunately, the Aspinall Unit and Curecanti ment of small, critical items of supply. At miles of four-lane highway out into the were built with more than just water storage, the time the Navy began using the 12,000-foot desert, over which Army forces would sweep runway at the ultra-modern new Al Fujayrah in their dramatic flanking move that would irrigation, and hydropower in mind. In fact, all airport, and also its vast and unused ware­ envelop Iraqi forces. new Army Corps of Engineers and Bureau of house, it was handling only two commercial One action that typified logisticians' inge­ Reclamation water projects have a significant flights a day. That situation changed quick­ nuity and resolve was the movement from recreation component. This area was de­ ly! Also used to good advantage by the am­ the darkness of northern in Decem­ signed with the comfort and enjoyment of the phibious-ship armada were the Omani air­ ber of Field Hospital 15, which had been public in mind. It was designed to be a place field and naval facility at Masira, on the stored in caves carved out of rock along with where families could come to rest and recre­ other Marine Corps equipment that might Gulf of Oman. ate. To augment the 24 fleet replenishment have had to be used in event of a Soviet ships that were in constant use, 10 tankers strike against Scandinavia. The officer who Tragically, at most other recreation areas, and six other ships of MSC's Naval Fleet supervised its loading aquired the nickname the Federal Government has turned the oper­ Auxilary Force were used, as were sizeable of "The Arctic Camel", and in preparation ation of the areas over to the States, but has numbers of MPS and RRF ships after they for his foray into the snows had encountered not ensured an adequate level of Federal were offloaded. Seven repair ships, including a laughable bureaucratic bottleneck, name­ funding to maintain them. two which were veterans of World War II, ly, a reluctance on the part of supply person­ The legislation I have introduced will ensure Korea, and Vietnam, performed yeoman serv­ nel to issue cold-weather gear to one who that will never be the case at Curecanti. I have ice. One, for example, completed 10,000 repair carried orders to Saudi Arabia! also introduced the Bureau of Reclamation jobs on 30 U.S. and allied ships. Another re­ Defense industry, too, was responsive. On Recreation Act, H.R. 2368, to permit up to 50 turned Tripoli to full duty 6 April, just two 21 separate occasions in January 1991 the months after she has sustained severe hull Navy went to defense manufacturers and ex­ percent Federal cost-sharing to operate, main­ damage from an Iraqi mine. ercised priorities with regard to the manu­ tain, replace, and expand recreation facilities To ensure there were no aircraft grounded facture of equipment, weapons, and supplies associated with Federal water projects through because of shortages of engines, aircraft-re­ that might be required during hostilities. partnerships with non-Federal sponsors. The work facilities at Rota and Sigonella had The overall response was immediate and bill will also give the Bureau needed authority their work days extended to 20 and 24 hours postiive. And in one instance, a defense con­ to manage its lands for recreation, fish and tractor who had in the past manufactured a daily, respectively, seven days a week. As a wildlife, wetlands, cultural resources, and other consequence, asserted a senior Navy logisti­ particular item utilized frequently by naval cian, "We never came close to having a bare forces, but which he was not then building purposes, while still meeting its first mission to firewall." for the Navy (although he was for a foreign provide water. Also supporting afloat forces were over navy), elected on his own to increase the pro­ My Curecanti legislation accomplishes this 5,000 measurement tons of dry and frozen duction of that item-just in case. His hunch goal in accordance with section 1 of the Park provisions, ship's store stock, high-usage was right, and in time the Navy bought what Parkway, and Recreation Area Study Act of consumable items, and many bulk petroleum he had produced and contracted for more. June 23, 1936, and section 8 of the Upper Logisticians pointed out, justifiably, that items stocked in warehouses at Jiddah after Colorado River Storage Project Act [CRSP] of Desert Shield began. The provisions rep­ "the system was revalidated by Desert resented over two months of anticipated de­ Storm". Now what was needed was assurance April 11, 1956. I believe it will also gain admin­ mand. that there was no return to the "hollow" istration support because the Park Service To handle the tons of Marine Corps combat forces of the late 1970s which never could and the Bureau agree this legislation is nec­ equipment being moved to Saudi Arabia, the have accomplished these logistics feats. essary.

49-059 0-95 Vol. 137

...... ,..~ .... _...... , - ...__ . - - - July 17, 1991 EXTENSIONS OF REMARKS 18825 TRIBUTE TO SHANNIE SLOAN and the legislation I offer to the House today Mr. Speaker, it is unfortunate that to this BARNETT will accomplish that goal. date, we have received no response to this In 1984, my predecessor, Mel Price, and letter. In addition, Secretary Lujan seems re­ HON. MARCY KAP11JR then-Congressman PAUL SIMON introduced luctant to use the tools available to him to OF OHIO legislation to expand the JNEM and establish designate this extension. That is why, with the IN THE HOUSE OF REPRESENTATIVES a commission to develop the boundaries of assistance of my three House colleagues in the future park. In 1987, the Commission com­ Wednesday, July 17, 1991 the downtown metropolitan area-Congress­ pleted its work and submitted its plan to then­ men GLENN POSHARD, DICK GEPHARDT, and Ms. KAPTUR. Mr. Speaker, On July 2, Secretary of the Interior Donald Hodel. After a BILL CLAY-this bill is introduced today. It is Ohio's Ninth District lost one of the most valu­ lengthy review of the plan, Secretary Hodel my understanding that a Senate companion able members of its community with the death said he could not support the "final plan" be­ of Shannie Barnett. During his lifetime he gave cause of two conditions in the law: that "bind­ may be introduced in the near future as well. so much to those who knew him. He was truly ing commitments" were not in place from pri­ This legislation makes three vital changes to a man of honor; a man devoted to his family vate sources for park development, nor from present law. It designates the Illinois exten­ and friends, and to those whose lives he the city of East St. Louis or State of Illinois for sion; removes the "binding commitments" pro­ touched through his dedication to humankind. annual operation and maintenance costs. visions; and raises the park authorization lev­ Born in Pine Bluff, AR, and raised in Toledo, Secretary Hodel's decision returned the els from $2.25 to $7.5 million. OH, Shannie Sloan Barnett was an active process back to the Congress. In early 1989, Mr. Speaker, this bill represents an oppor­ member of a number of organizations in our legislation was introduced to remove the tunity to fulfill the dream of Eero Saarinen, as area. A 42-year veteran of the Jeep plant, "binding commitments" clause, but Members Shannie started his career in the press shop of Congress from the St. Louis metropolitan well as the original designers of the JNEM, of and retired as a representative for the United area, as well as House Interior subcommittee implementing a bistate park to commemorate Auto Workers at the plant in 1984. During his Chairman BRUCE VENTO, felt that newly-ap­ America's westward expansion. This park will years at Jeep, he left his mark by helping to pointed Interior Secretary Manuel Lujan de­ not only be an outstanding source of beauty establish a job training program that helped served an opportunity to work with the Con­ and recreation, and Illinois' first national park, hundreds of men and women obtain job skills. gress in moving forward on the Illinois JNEM, but in attracting many of the 2.5 million visitors Many in our area know Shannie for his su­ so the legislation did not receive a hearing. to the Gateway Arch each year, it will help to perb basketball talent. He played on many In June of 1989, myself, Chairman VENTO, revitalize the distressed economy of East St. local teams including the Brown Buddies, and Senators ALAN DIXON and PAUL SIMON Louis, IL. Ciralsky's Meats, and the Indiana Y Big Five. met with Secretary Lujan to express our desire It is estimated that a $30 million Federal in­ His basketball talent was so great that he was to work together to move the park forward. In vestment in the JNEM on the west side of the even invited to play as a pivot man for the an August, 1989 response letter to our meet­ river has been the catalyst for over $2.5 billion Harlem Globetrotters. But Shannie chose to ing, Secretary Lujan indicated a desire to of private and public investment in downtown use his athletic talent to help young people in progress on the project once two conditions St. Louis. Surely Congress and the Bush ad­ our community by serving on a number of ath­ were met: that the land be tested and deemed letic commissions in Toledo. environmentally safe; and that landowners be ministration can envision the valuable possi­ Shannie was involved in a number of other contacted, organized and urged to come forth bilities of such a similar investment on the local organizations including the Metropolitan with property to be offered to the National east side. I urge my colleagues to support this Men's Club, the NAACP, the Frederick Doug­ Park Service under the 100-acre plan. worthwhile legislation. lass Community Center, the Third Baptist In August of 1989, I requested that the Church, and the New Convenant Baptist Southwestern Illinois Development Authority, Church. headed by Dr. Earl Lazerson, oversee the en­ A TRIBUTE TO MICHEL YISSACHAR Mr. Speaker, Shannie Barnett's passing has vironmental testing and begin negotiations left a tremendous void in the lives of many with the landowners. Earlier this year, Dr. residents of Ohio's Ninth District. Our thoughts Lazerson informed me that the land had been HON. RONALD K. MACHTI.EY and prayers go out to his wife Doris; daugh­ tested, and at this point I can inform my col­ ters Linda Dent, Patricia Barnett, and Karen leagues that all environmental testing is com­ OF RHODE ISLAND Barnett; grandchildren Jeffrey and Crystal pleted. In addition, 17 acres has been donated IN THE HOUSE OF REPRESENTATIVES Whitlow; Dwayne, Dawn, and Deanna Barnett; to SWIDA as part of the land negotiations. one great-grandson; brother Fred Allen; step­ In an effort to give the Secretary of the Inte­ Wednesday, July 17, 1991 brother Eunice Allen; stepsister Mary Allen rior the ability to acquire lands within the 100- and his vast network of friends who will deeply acre boundary by means other than donation, Mr. MACHTLEY. Mr. Speaker, it is my dis­ miss him. Individuals like Shannie Barnett do which the 1984 law specifically allows him to tinct pleasure to rise today and congratulate not come along too often, and I am thankful I do, as it reads, "within the area designated in Michel Yissachar, of Allentown, PA, this year's had the opportunity to know such a great and accordance with this section, the Secretary of recipient of the Ronald K. Machtley Academic caring man. the Interior may acquire lands and interests by and Leadership Excellence Award for the donation, purchase with donated or appro­ Providence Hebrew Day School. priated funds,* ...... at my request and with This award is presented to the student cho­ ILLINOIS EXTENSION OF JNEM the assistance of Congressman SID YATES sen by the Providence Hebrew Day School and our two Senators, Congress appropriated who demonstrates a mature blend of aca­ HON. JERRY F. COSTELLO $1.325 million for land acquisition and devel­ demic achievement, community involvement, OF ILLINOIS opment in fiscal year 1991. and leadership qualities. IN THE HOUSE OF REPRESENTATIVES As the 1984 law reads, "funds appropriated under subsection (b) of this section shall re­ Michel Yissachar has more than fulfilled this Wednesday, July 17, 1991 main available until expended," these funds criteria. She has maintained a 4.0 average Mr. COSTELLO. Mr. Speaker, today I am are available now for the Secretary to use for and has been selected to the National Honor introducing legislation which will ease the designation. Unfortunately, the Interior Depart­ Society. Michel Yissachar participated on the prC>Qess of designating an Illinois extension of ment has not utilized these funds as an option mock trial team, was secretary of the student the Jefferson National Expansion Memorial. to move ahead on the park plan. council, and coeditor of the yearbook. In addi­ As many of my colleagues are aware, the On April 30, 1991, in a final, bipartisan effort tion she was a peer tutor and a leader of a JNEM is now home to the Gateway Arch in by Members of Congress on both sides of the student youth group. downtown St. Louis, directly across the river river to seek the Department of Interior's as­ I commend Michel Yissachar on her out­ from my congressional district. The designers sistance on this proposal, a letter was sent to of the JNEM and the Arch have always envi­ the Secretary asking that he designate ·the Illi­ standing achievements and wish her all the sioned an Illinois extension of this memorial, nois JNEM. best in her future endeavors. 18826 EXTENSIONS OF REMARKS July 17, 1991 TRIBUTE TO TYRONE K. BACKERS, Scouts of America for establishing the Eagle that the Baltic years of independent statehood PRESIDENT OF ROTARY CLUB OF Scout Award and the strenuous criteria its as­ were simply an anomaly and that the only de­ MIAMI-GOLDEN GLADES pirants must meet. This program has through sires of the proletariat in Estonia, Latvia, and its 80 years honed and enhanced the leader­ Lithuania were to unite with the Soviet State. HON. WIWAM LEHMAN ship skills and commitment to public service of The Baltic countries have made long strides OF FLORIDA many outstanding Americans, two dozen of forward to restore their independence from the IN THE HOUSE OF REPRESENTATIVES whom now serve in the House. Soviet Union; however, several events prove It is my sincere belief that Joshua Mork will the Soviet Union is still unwilling to free the Wednesday, July 17, 1991 continue his public service and in so doing will captive nations within its empire. Mr. LEHMAN. Mr. Speaker, I am pleased to further distinguish himself and consequently Most recently, on June 26, 1991, Soviet note the recent installation of Tyrone K. Back­ better his community. I am proud that Joshua military units occupied the central telephone ers as president of the Rotary Club of Miami­ Mork undertook his Scout activity in my rep­ and telegraph exchange in Vilnius, thus cutting Golden Glades. resentative district, and I join friends, col­ off all communication between Lithuania and As you know, the Rotarians are a service leagues, and family who this week salute him. the outside world. Lesser communication serv­ organization dedicated to improving the quality ice facilities outside of Vilnius and in Kaunas of life in our communities, developing the tal­ were also occupied. ents and potential of our youth and promoting CAPTIVE NATIONS WEEK In January 1991, the Soviet Union deployed the highest ethical standards in business. Mr. paratroops and carried out other unusual mili­ Backers has demonstrated a longstanding in­ HON. DENNIS M. HERTEL tary movements in an attempt to enforce the volvement in our community, particularly in the OF MICHIGAN conscription of Baltic citizens into the Soviet areas of drug education and drug abuse pre­ IN THE HOUSE OF REPRESENTATIVES Army. An estimated 14 people were killed at vention. He is currently executive director of this time, some of which when Soviet tanks lit­ Wednesday, July 17, 1991 the Community Crusade Against Drugs of erally rolled over them in a successful attempt South Florida, Inc., and chairman of the Mr. HERTEL. Mr. Speaker, I rise today to to take over the Lithuanian State television Crestview/Rolling Oaks Citizens Crime Watch. commemorate the 33d year in a row that the station. Mr. Speaker, I would like to point out Mr. Speaker, I extend to President Backers United States has designated July 14-20 as that this action alone was not only uncon­ and the other Officers of the Miami-Golden Captive Nations Week. As chairman of the ad scionable, but a blatant violation of inter­ Glades Rotary Club-Dr. Stefano DiMauro, hoc committee on the Baltic States and the national law, as the Geneva accord of 1949 president-elect; Mary Kay Gallagher, vice Ukraine, I am deeply concerned about the forbids the conscription of occupied people president secretary; Steve Dante, Treasurer; plight of the Baltic and Ukrainian people. into the army of occupation. I agreed with and Marty Leitzes, sergeant-at-arms, my con­ Every year since becoming a Member of Con­ many organizations dedicated to the establish­ gratulations and best wishes for continued gress, I have introduced a resolution declaring ment of democratic governments in the Baltic success in the coming year. June 14, Baltic Freedom Day. States when they felt the Soviets hoped their Earlier this year, I had the opportunity to crackdown on the independence movements visit Latvia, Lithuania, and Estonia and to wit­ in the Baltic States would go unnoticed, since SALUTE TO JOSHUA MORK ness first hand the appalling destruction the world's attention was focused on the Per­ caused by the Soviet military's occupation of sian Gulf war. HON. JACK REED the Baltic States. I met with several members In July 1990, Gorbachev introduced a plan OF RHODE ISLAND of the democratically elected governments to for a New Union Treaty in which the central IN THE HOUSE OF REPRESENTATIVES express my unconditional support of their Soviet Government would retain control of independence movements. most aspects of political, economic, and relat­ Wednesday, July 17, 1991 The Baltic countries became captive nations ed policy decisions in the Baltic Republics. Mr. REED. Mr. Speaker, I rise today to sa­ on August 23, 1939, when the infamous Molo­ None of the Baltic countries has agreed to lute a distinguished young man from Rhode tov-Ribbentrop Pact was signed between the sign the treaty, but Gorbachev continues to Island who has attained the rank of Eagle governments representing Nazi Germany and exert pressure upon them to do so. Scout in the Boy Scouts of America. He is Stalin's Soviet Union. Stalin and Hitler divided Mr. Speaker, these are just a few of the Joshua Mork of Troop 50 in a Narragansett Eastern Europe into spheres of influence cre­ many examples of the Soviet Union's attempt and he is honored this week for his note­ ating a pretext for the illegal occupation of Es­ to, at best, intimidate the Baltic people, and at worthy achievement. tonia, Latvia, and Lithuania in 1940. The So­ worst, overthrow the democratic governments Not every young American who joins the viet Union consolidated power over the Baltic of these nations. I sincerely hope that this is boy Scouts earns the prestigious Eagle Scout countries in 1940, and has attempted to hold the last year Congress recognizes Captive Na­ Award. In fact, only 2.5 percent of all Boy these three Western nations captive ever tions Week. I pray that the aspirations of the Scouts do. To earn the award, a Boy Scout since. Baltic people to obtain self-determination is a must fulfill requirements in the areas of leader­ Mr. Speaker, even though a commission es­ reality far before July 14-21, 1992. ship, service, and outdoor skills. He must earn tablished by the Congress of the People's 21 merit badges, 11 of which are required Deputies of the U.S.S.R. to examine the Hit­ from areas such as citizenship in the commu­ ler-Stalin pact of 1939 declared the pact ille­ SENATE COMMITTEE MEETINGS nity, citizenship in the Nation, citizenship in the gal, and despite the United State's longstand­ Title IV of Senate Resolution 4, world, safety, environmental science, and first ing policy of not recognizing Soviet sov­ agreed to by the Senate on February 4, aid. ereignty over the Baltic countries, there is con­ 1977, calls for establishment of a sys­ As he progresses through the Boy Scout crete evidence that suggests the Salties still tem for a computerized schedule of all ranks, a Scout must demonstrate participation remain captives of Soviet military occupation. meetings and hearings of Senate com­ in increasingly more responsible service It is estimated that there is one Soviet soldier mittees, subcommittees, joint commit­ projects. He must also demonstrate leadership for every five Estonian civilians. One in every tees, and committees of conference. skills by holding one or more specific youth 1O people is estimated to be military in Latvia. This title requires all such committees leadership positions in his patrol and/or troop. Lithuania was home to at least 100,000 Soviet to notify the Office of the Senate Daily These young men have distinguished them­ troops, 10,000 Soviet Interior Ministry troops, Digest-designated by the Rules Com­ selves in accordance with these criteria. and 5,000 paratroopers prior to the violence mittee-of the time, place, and purpose For his Eagle Scout project, Joshua Mork carried out by Soviet forces in January. of the meetings, when scheduled, and landscaped a courtyard at South Kingstown One Soviet leader after another has tried by any cancellations or changes in the High School in memory of two deceased stu­ various means to erase the memories of free­ meetings as they occur. dents. dom and prosperity from the minds of the Bal­ As an additional procedure along Mr. Speaker, I ask you and my colleagues tic people, but the Baltic spirit has proven to with the computerization of this infor­ to join me in saluting Eagle Scout Joshua be indomitable. For over 50 years, Soviet his­ mation, the Office of the Senate Daily Mork. In turn, we must duly recognize the Boy torians have attempted to propagate the myth Digest will prepare this information for July 17, 1991 EXTENSIONS OF REMARKS 18827 printing in the Extensions of Remarks projects, and to consider other pending Driftnets in the South Pacific (Treaty section of the CONGRESSIONAL RECORD legislative and administrative busi- Doc. 102-7). on Monday and Wednesday of each ness. SD-419 SR-301 Judiciary week. 10:00 a.m. Patents, Copyrights and Trademarks Sub­ Meetings scheduled for Thursday, Environment and Public Works committee July 18, 1991, may be found in the Daily To hold hearings on S. 481, to authorize a Technology and the Law Subcommittee Digest of today's RECORD. two-phase program of research and de­ To hold joint hearings on S. 1096, to en­ velopment to produce water of a cer­ sure the protection of motion picture MEETINGS SCHEDULED tain quality from saline or biologically copyrights. impaired waters. SD-226 JULY 19 SD-124 2:00 p.m. 9:30 a.m. Judiciary Energy and Natural Resources Governmental Affairs To hold hearings on proposed legislation To hold hearings on S. 1351, to encourage Permanent Subcommittee on Investiga­ providing compensation for victims of partnerships between Department of tions sexual crime, including S. 983, to pro­ Energy laboratories and educational To resume hearings to examine efforts to vide a cause of action against produc­ institutions, industry, and other Fed­ combat fraud and abuse in the insur­ ers, distributors, exhibitors or sellers eral laboratories in support of critical ance industry. of pornographic material by a victim of national objectives in energy, national SD-342 rape, murder, or sexual assault. security, the environment, and sci­ Judiciary SD-226 entific and technological competitive- To hold hearings on the nominations of Joint Economic ness. Andrew J. Kleinfeld, of Alaska, to be To hold hearings to examine the eco­ SD-366 United States Circuit Judge for the nomic outlook at midyear. 2:30 p.m. Ninth Circuit, Benson Everett Legg, to SD--U28 Judiciary be United States District Judge for the 2:00 p.m. Courts and Administrative Practice Sub­ District of Maryland, Dee V. Benson, to Energy and Natural Resources committee be United States District Judge for the To hold hearings on Senate Joint Resolu­ To hold hearings to examine certain District of Utah, and Donald L. Gra­ tions 23 through 34, to consent to cer­ problems in bankruptcy, focusing on ham, to be United States District tain amendments enacted by the legis­ airline leasing, the interaction of Judge for the Southern District of lature of the State of Hawaii to the Ha­ ERISA law in bankruptcy proceedings, Florida. waiian Homes Commission Act of 1920. and whether "Evergreen Trusts" are au­ SD-226 SD-366 thorized by bankruptcy codes. 10:00 a.m. 2:30p.m. SD-226 Finance Judiciary Medicare and Long-Term Care Subcommit­ To hold hearings on the nominations of JULY25 tee Eugene E. Siler, Jr., of Kentucky, to be 9:30 a.m. To resume hearings on the Heal th Care United States Circuit Judge for the Energy and Natural Resources Administration's proposal to institute Sixth Circuit, William G. Bassler, to be a prospective payment system for inpa­ Public Lands, National Parks and Forests United States District Judge for the Subcommittee tient hospital capital costs under the District of New Jersey, and Jorge A. To hold hearings on S. 621 and H.R. 543, Medicare program. Solis, to be United States District to establish the Manzanar National SD-215 Judge for the Northern District of Foreign Relations Historic Site in California, S. 870, to Texas. authorize the inclusion of a tract of To hold closed hearings to examine Chi­ SD-226 land in the Golden Gate National nese nuclear involvement in the Middle Recreation Area in California, S. 1254, East. JULY 24 S-116, Capitol to increase the authorized acreage 9:30 a.m. limit for the Assateague Island Na­ Commerce, Science, and Transportation tional Seashore on the Maryland main­ JULY 22 Communications Subcommittee land, S. 1344, to require the Secretary 9:30a.m. To hold hearings on S. 1410, to protect of the Interior to conduct a study of Small Business the rights of consumers from unsolic­ nationally significant places in Japa­ To hold hearings to examine the small ited telephone marketing calls, and S. nese-American history, and H.R. 848, to business impact of proposed enterprise 1462, to revise the Communications Act authorize the establishment of a me­ zone legislation, including S. 1032, to of 1934 to prohibit certain practices in­ morial at Custer Battlefield National stimulate employment in, and to pro­ volving the use of telephone equipment Monument to honor the Indians who mote revitalization of, economically for advertising and solicitation pur­ fought in the Battle of the Little Big­ distressed areas designated as enter­ poses. horn. prise zones, by providing tax relief for SR-253 SD-366 employment and investments. Environment and Public Works Rules and Administration SR--428A Environmental Protection Subcommittee To hold hearings on S. 165, to direct the To resume hearings on S. 976, authorizing Secretary of the Senate or the Clerk of JULY 23 funds through fiscal year 1996 for pro­ the House of Representatives, when 9:30 a.m. grams of the Solid Waste Disposal Act, any appropriations bill or joint resolu­ Commerce, Science, and Transportation focusing on toxics use and source re­ tion passes both Houses in the same Communications Subcommittee duction provisions. form, to cause the enrolling clerk of To hold hearings on proposed legislation SD-406 the appropriate House to enroll each authorizing funds for the Corporation Special on Aging item of the bill or resolution as a sepa­ for Public Broadcasting. To hold hearings to examine the treat­ rate bill or resolution. SR-253 ment of low-income medicare bene­ SR-301 Energy and Natural Resources ficiaries. 10:00 a.m. Public Lands, National Parks and Forests S_H-216 Environment and Public Works Subcommittee Joint Printing Environmental Protection Subcommittee To hold hearings on S. 140, to increase To resume hearings to examine the tech­ To hold hearings on proposed legislation Federal payments in lieu of taxes to nological future of the Government to implement the Basel Convention on units of general local government for Printing Office. the Control of Transboundary Move­ entitlement land, and S. 927, to provide B-318 Rayburn Building ments of Hazardous Wastes and their for a transfer of lands between the U.S. 10:00 a.m. Disposal. Forest Service and Eagle and Pitkin Foreign Relations SD-406 Counties in Colorado. To hold hearings on the Amendment to Veterans' Affairs SD-366 the Montreal Protocol on Substances To hold hearings to examine readjust­ Rules and Administration that Deplete the Ozone Layer (Treaty ment problems of Persian Gulf War To hear and consider a report from the Doc. 102--4), and the Convention for the veterans and their families. Architect of the Capitol on current Prohibition of Fishing with Long SR--418 18828 EXTENSIONS OF REMARKS July 17, 1991 10:30 a.m. JULY29 Finance Rules and Administration 2:00 p.m. To resume hearings on S. 612, to encour­ To hold hearings on S. Res. 82, to estab­ Environment and Public Works age savings and investment through in­ lish the Senate Select Committee on Water Resources, Transportation, and In­ dividual retirement accounts (IRAs) in POW/MIA Affairs. frastructure Subcommittee an effort to stimulate economic growth S&-301 To hold hearings on oversight of the Gen­ for Americans and the nation. 2:00 p.m. eral Services Administration's (GSA's) · SD-215 Energy and Natural Resources planning and management procedures To continue hearings on S. 1351, to en­ and the condition of the Federal Build­ AUGUST! courage partnerships between Depart­ ing Fund. 9:30a.m. ment of Energy laboratories and edu­ SD-406 Energy and Natu.ral Resources cational institutions, industry, and Public Lands, National Parks and Forests other Federal laboratories in support JULY30 Subcommittee To hold hearings on S. 1156, to provide of critical national objectives in en­ 9:30 a.m. ergy, national security, the environ­ for the protection and management of Energy and Natural Resources certain areas on public domain lands ment, and scientific and technological To hold oversight hearings on the reset­ managed by the Forest Service in the competitiveness. tlement of the Rongelap, Marshall Is­ States of California, Oregon, and Wash­ SD-366 lands. ington. Environment and Public Works SD-366 SD-366 Nuclear Regulation Subcommittee Environment and Public Works 10:00 a.m. To hold hearings on international com­ Environmental Protection Subcommittee Environment and Public Works mercial nuclear reactor safety. To hold hearings to examine and evalu­ Water Resources, Transportation, and In­ SD-406 ate recent developments relating to frastructure Subcommittee Labor and Human Resources international negotiations on global To hold hearings on a proposed Depart­ Employment and Productivity Sub­ climate change and stratospheric ozone ment of Transportation headquarters, committee depletion. and the relationship between the Judi­ To hold joint hearings with the Select SD-406 ciary and the Government Services Ad­ Committee on Indian Affairs on em­ 2:30 p.m. ministration for the provision of space ployment on Indian reservations. Energy and Natural Resources for the Courts. SR-485 Mineral Resources Development and Pro­ SD-406 Select on Indian Affairs duction Subcommittee To hold joint hearings with the Commit­ To hold hearings on S. 1179, to stimulate tee on Labor and Human Resources' the production of geologic-map infor­ SEPTEMBER 24 Subcommittee on Employment and mation in the United States through 9:00 a.m. Productivity on employment on Indian the cooperation of Federal, State, and Veterans' Affairs reservations. academic participants, and S. 1187, to To hold joint hearings with the House SR-485 revise the Stock Raising Homestead Committee on Veterans' Affairs to re­ Act to provide certain procedures for view the legislative recommendations JULY26 entry onto the Stock Raising Home­ of the American Legion. stead Act lands. 334 Cannon Building 10:00 a.m. SD-366 Environment and Public Works Environmental Protection Subcommittee JULY 31 POSTPONEMENTS To hold hearings on S. 58, to establish a 10:00 a.m. national policy for the conservation of Commerce, Science, and Transportation JULY 19 biological diversity. Merchant Marine Subcommittee 10:00 a.m. SD-406 To hold hearings on proposed legislation Foreign Relations Joint Economic authorizing funds for the Maritime Ad­ To hold hearings to review Ambassador To resume hearings to examine the eco­ ministration, Department of Com- Glaspie's July 25, 1990 meeting with nomic outlook at midyear. merce. Saddam Hussein. SD--628 S&-253 Room to be announced