Congressional Record, Volume 143 Issue 133 (Tuesday, September 30, 1997)

[Congressional Record Volume 143, Number 133 (Tuesday, September 30, 1997)]
[Senate]
[Pages S10211-S10216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998

The Senate continued with the consideration of the bill.
Mr. FAIRCLOTH. Mr. President, I yield to the Senator from Vermont 40
minutes.
The PRESIDING OFFICER. The Senator from Vermont is recognized for 40
minutes.
Mr. JEFFORDS. Mr. President, I don't anticipate taking very long. I
want to raise a very important issue relative to the District of
Columbia. First of all, I want to commend the subcommittee chairman. I
served just ahead of him in that capacity. I know of the tremendous
responsibility he has, and I have admired the way he has been handling
his job. I have also admired the way they have put the bill together
this year to help the city of Washington.
But there are problems that are really beyond the possibility of the
subcommittee to correct. These are what I want to discuss today. First
of all, let us remember what the important issues facing this Nation
are and reflect and look at the District of Columbia with respect to
those. The District of Columbia, as we all know, is the Nation's
Capital. But I think sometimes we Members have a tendency to forget
that we are responsible now for the city of Washington. We, in 1974,
turned the city over to home rule. As that experience turned out to be
rife with difficulty for the residents of D.C., Congress made efforts
to become more vigorously involved with the city's governance. By
getting more directly involved, particularly with regard to the
education system, we therefore made ourselves, the Members of this body
and the House, directly responsible to the people of the District of
Columbia. And furthermore, we became more directly responsible to the
people of the Nation overall that we would have to do what is necessary
to make this Capital a capital we can all be proud of.
Can you be proud of the United States Capital when the top issue in
this Nation right now is education and here in Washington we continue
to have some of the lowest educational scores and standards in the
country? We are doing our jobs as leaders in a major metropolitan area;
how can we turn this city into a model for the Nation to show how we
can take the cities and help them become educational enterprises that
are functioning well and that are delivering our young people into
society with the skills they need to be able to make this Nation
strong?
This is a national problem of the highest priority. But let us take a
look at the District of Columbia and where we stand as far as what we
are doing for it and the distance that we have to go. As I said, I had
the job that the Senator from North Carolina has, the chairmanship of
the subcommittee, and I took that responsibility very, very seriously.
Working with Congressman Gunderson on the other side, we developed an
educational program for the city. We worked long and hard at it. We got
it approved, and it is in law. It sets out the goals and methodology
and the means for us to take this city and turn it from the worst--and
I will explain that later--in educational results of any city in this
country.
Second--and I will talk about that even more quickly--we also have
about the worst infrastructure of any school system in this country--
the worst. So if we are going to make real progress in turning this
education system around we have a long way to go.
We set the framework a couple years ago when we took over the city.
We created, first, the Control Board, which now has more of the mayoral
responsibilities, or is more analogous to a board of aldermen. They
then created a school board to take a look and see what they could do
to take this city and to change it into a city that we could be proud
of.
We have all recently noted that the schools didn't open on time.
Children were ready to come in, but the roofs were leaking, books had
not been delivered. What happened? We had an amount of money for
emergency repairs that had been appropriated--but that money, about $86
million came from the remainder of existing funds, and other one-time
piece meal funding, not through a dedicated, sustainable revenue
stream. It will just not be the right way to go to meet the needs we
have, particularly with regard to infrastructure.
Take a look at this chart. You can see that if this situation is not
the worst in the Nation, it is pretty close.
Look at these statistics from a General Services Administration
study, which I will make a part of the Record, which goes through these
infrastructure categories item-by-item to show where this city is.
Exterior walls: The national average for having problems is 27
percent. We have 72 percent of our exterior walls and windows which are
bad and not meeting codes.
Next one: Roofs. This probably has improved a little since we spent
$70 million fixing roofs this fall. But a year ago, only 27 percent of
the schools in this country had poor roofs--but in the District we had
60-some percent of the roofs that were not meeting code. This does not
mean they are beautiful; they just do not meet the code and safety
violations.
Heating and ventilation, and air conditioning: The national average,
36 percent below code; Washington D.C., 66 percent.
Plumbing: Sixty-five percent of the plumbing doesn't meet code in
D.C.'s schools--65 percent.
Electrical and lighting: Fifty-three percent of the District's
school's are in code violations in this category
Life safety codes: Fifty-one percent of our schools are in violation
of life safety codes. Would you trust your own children to that? I
think not.
Power for technology: This is where we are doing the best,
fortunately. But, still, 41 percent of the schools don't have power to
utilize technology.
I am talking here about the Nation's Capital, the city that we would
like to point to to show as an example of how a school system should be
run.
Keep that in mind.
Let's take a look at this next chart to see what is going to happen.
For 3 years in a row we have had the schools not opened on time
because of violations. Well, this is according to the GSA. The amount
of repairs, cost of repairs to meet code, plus some other essential
repair: $2 billion--that is with a ``b''--2 billion dollars' worth of
repairs that are necessary in order to get our schools in compliance
with the safety codes and other codes.
We managed to get $86 million available this year. That was the high
point. We put $50 million the year before. Divide $86 million into $2
billion, and you will see that somewhere between 20, 30, or 40 years
from now depending on

[[Page S10212]]

what you spend each year, those schools are going to be in code--our
Nation's Capital.
That is inexcusable. You tell me how we are going to get $2 billion
to be able to fix those schools. Is this subcommittee going to
appropriate $2 billion? Of course not.
I went from the Appropriations Committee to the Finance Committee,
because I knew that was where the action was going to be. There is a
lot of money out of there--$35 billion for education.
So to the Finance Committee, I said, ``Hey. We ought to fix these
schools.'' So I had an amendment to get $1 billion--only one $1
billion--to get half the job done. I came within one vote of passing
that in the Finance Committee. That was one of those meetings in the
middle of the night where nobody was quite present. But, anyway, I came
within one vote of getting it. I finally got $50 million. That would
have paid part of this year.
We went to conference. And they said, ``No. We would much rather
create more jobs in the city. We would much rather give things like tax
credits for buying new houses, and all of these kinds of things.'' So I
went after the $50 million. But I did get a commitment from the head of
OMB. I will get into that in the later part of the discussion here. But
he agreed with me that we ought to do something, and that he would go
with me and travel and talk with the Governors of Maryland and
Virginia. I intend to do that, and see whether we can work something
out. That will get to the solution which I will get to a little later.
Now let's take a look at where we are as far as the achievement of
our young people and take a look at this, if you want to get depressed.
This chart shows where the District of Columbia is in red. We put the
District of Columbia in red each time where it belongs. And this shows
the Northeast average; the national average levels. These are fourth
grade students scored at or above basic reading achievement levels. And
it was down 6 percent from 1992. We took these from 1994. Twenty-eight
percent of the children in the District of Columbia were passing the
assessment for reading. In 1993, it went down 6 percent to 22 percent.
If we are going to make the District of Columbia the model for the
Nation to follow, we are kind of headed in the wrong direction.
So what are we going to do about that? I will also get to that in a
little bit. Right now I think it would be appropriate to go to the next
phase where I am going to offer the amendment.

Amendment No. 1266

(Purpose: To provide for a regional education and work force training
system in the metropolitan Washington area, to improve the school
facilities of the District of Columbia, and to fund such activities in
part by an income tax on nonresident workers in the District of
Columbia)

Mr. JEFFORDS. Mr. President, I have an amendment at the desk. I would
especially want to alert my Virginia and Maryland Senators that they
don't need to jump out of their chairs and run over to the floor right
now because I intend to withdraw it when I am finished. I offer the
amendment.
The PRESIDING OFFICER. Is there objection to setting aside the
pending amendment? Without objection, it is so ordered.
Mr. JEFFORDS. I ask unanimous consent to set aside temporarily the
pending amendment and I will withdraw it so it will be back pending at
the time.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Vermont [Mr. Jeffords] proposes an
amendment numbered 1266.

Mr. JEFFORDS. Mr. President, I ask unanimous consent that the purpose
be read. It is relatively short. The amendment is unfortunately quite
long.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:

Mr. JEFFORDS. I ask unanimous consent that reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. JEFFORDS. Mr. President, I thought that last sentence might stir
up some anxiety. So I wanted to make sure that I reassured Senators
that I would withdraw it.
But I did want to reemphasize that I intend to meet with the OMB
director and with the Governors of Maryland and Virginia, and lay out
this plan which will help the District. But it will also help the two
surrounding States. So hopefully we can get an agreement to go forward
with this, if we could, one, raise the $2 billion to take care of the
infrastructure problem; and, two, share 50-50 the ability to create the
kind of skilled training that is necessary in this metropolitan area in
order to provide skilled workers for the 50,000 jobs that are available
in this region which are not being filled at this time.

Before I go on, I want to say that the things which I am saying here
and recommending are not things that Jim Jeffords decided when he was
losing his mind or something, as somebody would think about standing up
here and trying to help the District of Columbia. But this book
everyone ought to be required to read in the Congress, which is ``The
Orphaned Capital,'' and it is by Carol O'Clanahan, at the Brookings
Institution.
This was done on behalf of the city to explain the mess we are in,
and possible solutions as to how to get out of the mess.
So, again I want to emphasize that what I am trying to do today is to
challenge the delegations from Maryland and Virginia, or anybody else,
to say show me if you have a better way to come up with $2 billion so
that we are not embarrassed by having our schools shut down. Let me
tell you why they will end up shutting down again if we don't come up
with something.
There is a group called Parents United. And they are upset with the
fact that their kids are going to schools that are unsafe. So each year
they go to a judge who is very friendly to them and who likes to make
us look stupid. So that judge shuts the schools down each year. And
they have about 20 to 40 years to go, depending on how much we put up
each year with these code violations.
So they will pick on a number of code violations. The boilers are
about to blow in several of the schools. So maybe this winter the
Christmas holidays may get extended, if they decide to go and get the
boilers fixed, although I hope they will be able to fix the boilers
without that.
But anyway, they will each time go, and they will get the court to
order the schools to be repaired. But as you say, with $2 billion to go
in doing it with $50 million to $80 million a year, it will take a
while. I don't want to have to spend the rest of my time here being
embarrassed every year about why these schools are not being opened.
So let's take a look at what the positive side of the events are. Let
me tell you what we have here, just to give you some credence on what I
am saying. Look at this Washington Post editorial the shortage of
workers in this regional area for the information technology jobs
available.
But, as I mentioned earlier, there is a serious labor market shortage
in this area. We have a burgeoning development of technology-based
jobs--not only in the information industry but in every sector of our
economy. These jobs are available in a location that's nice and
convenient to the Capitol. There are 50,000 jobs out there right now
that cannot be filled. And these are $20- $30- and $40-an-hour jobs
that cannot be filled because the schools, the high schools in this
area, even though we have some good ones out in the suburbs, are not
graduating people from high school with the capacity they should have
to take these jobs. I want to mention this to give you an idea of the
dimension of the problem.
If we could fill these jobs, it would increase the revenues in the
area available by $3.5 billion annually. We are talking about an
enormous amount. Keep that figure in mind. That is the potential that
we could do. Keep also in mind the fact that in this city now two-
thirds of the workers are living in the suburbs. That is up by one-half

[[Page S10213]]

from several years ago when everybody flooded out of the city.
I will remind you. Why did they flood out? Two reasons: One, crime;
and, back and forth between number one and two, the schools. The
schools are lousy. I am not going to bring my kids up here. I am taking
them to the suburbs.
So now two-thirds of the workers go out. Do you know what they take
with them? They take with them $20 billion a year--$20 billion a year
that goes out to be taxed by Virginia and Maryland. Do you want to know
why Virginia and Maryland are going to get upset? Because if I try to
take some of that, wow. That is going to be revenue out of their
pockets.

That is why I want to emphasize that if we increase the revenues by
$3.5 billion, it will help reduce the impact of removing it. And we are
not going to take all of it anyway. How much comes back in from people
working out? One percent of that. One percent comes from workers
working out of the District--outside the District, coming back into the
District. It is a huge disparity.
Another fact that I want to mention--this one is very, very important
to remember. Washington, DC, is the only city in America which is in an
interstate area where its workers cannot--cannot--be taxed on their
wages before they go home. It is the only city in America that is in
that situation. All of the cities that are in an interstate situation
have taxes on the nonresidents. So part of the work revenue stays. The
highest I think is 4 percent. The average is around 2 or 3 percent.
Just keep that figure in mind because you have a huge amount of money
that flows out of the District into Maryland and Virginia, which grab
hold of it and throw into their treasury. Everybody would like to be
able to do that.
So that is the situation we are in.
Now the question is, How can we make an equitable system, granted
that this city is restrained? How are we restrained? Let me tell you
how that happened. Back in 1974, when the District of Columbia went to
home rule, a very astute Member of the House said, ``Hey. Every other
city in this country grabs money from the workers.'' And that
Representative was from Virginia, naturally, and offered an amendment
which passed that said the District of Columbia is prohibited from
taxing workers, nonresident workers. And that is still in the law. So
right now, unlike any other city in America in a similar situation, the
District of Columbia cannot tax the nonresident income.

Well, it seemed to me that under that circumstance it would be
appropriate to take a look to see if we could not just nick it and take
some money back to float the bond for the $2 billion needed for the
infrastructure code repairs.
That is what this amendment does. But in addition to that, to be more
wise and also make it more appealing, my amendment will take money from
the nonresident workers, the tax money that goes to Annapolis and
Richmond, and bring it back into counties of Maryland and Virginia that
border the District of Columbia.
So in the final analysis we start out and ease it in, phase it in so
that it would have a slow differential in the impact it has on those
States starting off with money to repair the schools. That will take
about 1 percent. We could phase that in in a couple years. One percent
would take care of the bonds to raise $2 billion. Then, if we can go to
3 percent, split that so that it equals half the money going to the
suburbs and half to the District of Columbia--that is including the
infrastructure repairs--we can then create what needs to be done, a
system to be able to coordinate the schools in these areas to find out
where best to have skill training. For instance, I would recommend we
take UDC, the University of the District of Columbia, and make it into
a skill training center. Give it a new purpose. It could be used for
those purposes. And these grants would be given out in cooperation with
the Department of Education and the Department of Labor. I did not want
to give it to the Federal Government, but that does make it necessary
for interstate compacts. So then we could create the system.
Let's take a look back at the Washington Post. What it is talking
about is where the jobless could be given jobs. I want to give validity
to what I am saying. They are aware of this. The business community is
also aware of what I am trying to do and very supportive, and the
educators are, of course, too.

I have spoken with the leaders of the exploding high-
technology industry from Virginia and Maryland, and they note
that the boom has been so dramatic that they're worried about
finding enough people to work for them. Then note the plight
of the District, where businesses evaporate and unemployment
is the highest in the region. The obvious but so far elusive
solution: match the District of Columbia jobless with
Northern Virginia jobs.

So this is known as an area of need. So what I am recommending with
this amendment is that we ought to work together as a region. And this
can be done nationally. I would say the Senator from North Carolina,
when we discussed this some time ago, pointed out in North Carolina
they have developed these things, and the South has been very astute.
We in the Northeast and the rest of the country ought to be aware of
what they are doing. They are working together in a region. They are
inviting businesses to come in. They are creating skill training in
order to make sure that they can get the jobs and get the businesses to
locate in their States to provide them with what is necessary.
Now, I am hopeful that when the other States look at this they will
realize, if we come in and just take a little bit of the money, which
any other city in this country could do that is in this interstate
situation, we must make sure we turn this city around and move it in
the right direction, first, by fixing up the schools.
Now, certainly I am embarrassed, and I hope all of my colleagues are
embarrassed, by the fact that this city has the worst school
infrastructure in the country and that such a huge number of our
schools are unfit. With $2 billion, I hope they would take notice and
join me in trying to do something about it.
But I also point out that it does not make any difference to me how
we do it. I would challenge the Senators from Virginia and Maryland, if
they do not like the fact that some of the money may be taken from
their State capitals and moved down into their counties near here or
some into the District of Columbia, then suggest another alternative. I
urge any of my colleagues to figure out how we can raise $2 billion
over the next couple years so that we can get these schools fixed so we
do not have to go through the difficult period of time each year of
being embarrassed by the District of Columbia school system.
In winding up, I urge that we will get your attention because I think
it is easy for us, as so many Members do when I talk to them, to say,
``Oh, that's Mayor Marion Barry's problem. He made a mess out of it.''
That may be true. But that is not the solution. We are responsible. We
are the ones who have to come up with a solution, and if we do not do
it, then I am sad for the kids in these schools. I am sad for the city,
and I am sad for all of us who will be embarrassed, instead of having
the Nation's Capital pointed to, as it could be, as a model to follow,
and ridiculed and we feel so sorry for those kids.
Now, let me talk a little bit also about other things that can be
done to help the city and that are being done. I have lived here now
close to 25 years. I have lived right in the District. I have not gone
out to the suburbs so I know what's going on here and I have seen it
improved; I have seen it getting better; but I feel very responsible
for it. And so I hope that we will see as we move forward that we can
change this city around. I am hopeful that we will have that
responsibility, recognize it and do something about it.
In addition to what I have already told you about, I would also like
to mention what the private sector has been doing to assist. We ought
to keep our eye on the private sector because they are showing us their
ability through volunteering.
Let me talk about two programs that I have been working with the
private sector. One looks at one of the most difficult problems the
Nation has, and that is reading. You saw the record, the horrible
record of the District of Columbia in reading. We have started a
program called ``Everybody Wins!'' This is a lunchtime volunteer
reading program that pairs caring adults with

[[Page S10214]]

elementary school children in Title 1 schools to help them learn to
read and learn the value of reading and education. Senate volunteers go
every Tuesday to the Brent School to read over here on the Hill and the
House volunteers go down to the John Tyler school. All in all we now
have around 300 House and Senate staff who read in the program. We
began ``Everybody Wins!'' up here on the Hill to generate awareness
with the private sector and others of how fantastic a program it is and
how easy and effective it is to get involved and this year we will have
about 1,200 volunteers all across the city who are reading to kids in
first through sixth grades to make sure at the end of the third grade
they know how to read--a great program. It is a non-profit educational
foundation funded by the private sector, with the whole effort led by
the PGA Tour and the Tour Wives Association. The PGA Tour is under the
leadership of Commissioner Tim Finchem, who is really making children
and education a priority, and I commend him for all his help. We have
been able to raise some money each year at a fundraiser called ``Links
to Literacy.'' The entire House and Senate leadership from both sides
of the aisle joined me and Senator Kennedy in spearheading this event.
We will have another fundraiser this spring where ``everybody wins'' so
that we can make progress toward our goal of having every elementary
school child in the D.C. public schools read with an adult volunteer
once a week at lunchtime.
Secondly, the area of greatest difficulty--and here is another area
where the District of Columbia leads the Nation, I think--is school
dropouts. Forty percent of the kids in the District of Columbia system
who start do not finish, and that I tell you is very much related to
the serious crime problem because 80 percent of the people that are in
jails are school dropouts.

I traveled out to San Diego and visited a program there which was set
up by the private sector called ``Operation FitKids.'' This program was
founded by a man named Ken Germano who works in the fitness industry
and who is passionately dedicated to underprivileged kids. He figured
out a way for the fitness industry to donate used equipment to schools
to create safe, educational fitness centers in the middle and high
schools. Now you have to have the biggest and best equipment in order
to attract people. I know I watch television. Every couple weeks there
is a new way to tread the mill and those kinds of things. My colleague
Senator Kohl has joined with me to bring this great program to the
District of Columbia. This summer we were able to have half a million
dollars worth of equipment that has been donated to four of the middle
schools and high schools in our city's worst areas to help young people
with a place to go to exercise and to communicate with each other and
to learn life-long healthy habits. To make this work we had to form a
partnership with a local university and American University stepped
right up to the plate and we now will have a big launch event this Fall
to get the word out about how more people can get involved.
Another area. Representative Cass Ballenger has been working with the
private sector and contractors, saying, will you help? Will you help do
things with a little money? In other words, try to get donated whatever
is needed to help fix these schools. And they say yes. Ballenger said,
well, the problem is we can't do much about it because of the Davis-
Bacon Act. And hopefully at the same time we do this we could get an
agreement to lift the Davis-Bacon Act, or at least the size of
contracts which are needed to be met so that we could take that money
and do it with much less by being able to get around the Davis-Bacon
Act.
So the private sector is ready to help. I am certainly ready to help.
A number of my colleagues are. But it is up to the rest of the Senate
and the House to really say we are going to make this capital the best
in the country, not the worst. And right now we are embarrassed, and I
am embarrassed, but I am hopeful a year from now we will be on the road
to progress and I am going to do everything I can to make sure that we
are on that road.
Mr. President, I am pleased to yield back the remainder of my time. I
withdraw my amendment.
The PRESIDING OFFICER. The amendment is withdrawn.
The amendment (No. 1266) was withdrawn.
Mr. FAIRCLOTH. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FAIRCLOTH. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Unanimous-Consent Agreement--H.R. 2203.

Mr. FAIRCLOTH. Mr. President, I ask unanimous consent that at 5
o'clock today, the Senate proceed to the consideration of the
conference report to accompany H.R. 2203, the Energy and Water
appropriations bill. I further ask that the reading be waived and the
conference report be limited to the following debate time: the two
managers, 10 minutes each; Senator McCain up to 10 minutes. I further
ask unanimous consent that immediately following the expiration of the
time, the Senate proceed to a vote on the adoption of the conference
report with no intervening action or debate.
The PRESIDING OFFICER. Is there objection? The Chair hears none, and
it is so ordered.
The PRESIDING OFFICER. The Senator from West Virginia.

Amendment Nos. 1267, 1268, 1269, En Bloc

Mr. BYRD. Mr. President, I send three amendments to the desk. I ask
unanimous consent they be considered en bloc. I have discussed this
with the manager of the bill. He understands that I am going to make
this request, and he has no objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:

The Senator from West Virginia [Mr. Byrd] proposes
amendments 1267, 1268, 1269, en bloc.

Mr. BYRD. Mr. President, I ask unanimous consent that reading of the
amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:

amendment no. 1267

(Purpose: To prohibit alcoholic beverage advertisements on billboards,
signs, posters, and other forms of advertising in certain publicly
visible locations in the District of Columbia where children are likely
to walk to school or play)

At the appropriate place, insert the following:
Sec. . (a) Chapter 29 of title 12A of the District of
Columbia Municipal Regulations (D.C. Building Code Supplement
of 1992; 39 DCR 8833) is amended by adding the following 2
new sections 2915 and 2916 to read as follows:
``2915.0 Alcoholic Beverage Advertisements.
``2915.1 Notwithstanding any other law or regulation, no
person may place any sign, poster, placard, device, graphic
display, or any other form of alcoholic beverage
advertisements in publicly visible locations. For the
purposes of this section `publicly visible location' includes
outdoor billboards, sides of buildings, and freestanding
signboards.
``2915.2 This section shall not apply to the placement of
signs, including advertisements, inside any licensed premises
used by a holder of a licensed premises, on commercial
vehicles used for transporting alcoholic beverages, or in
conjunction with a one-day alcoholic beverage license or a
temporary license.
``2915.3 This section shall not apply to any sign that
contains the name or slogan of the licensed premises that has
been placed for the purpose of identifying the licensed
premises.
``2915.4 This section shall not apply to any sign that
contains a generic description of beer, wine, liquor, or
spirits, or any other generic description of alcoholic
beverages.
``2915.5 This section shall not apply to any neon or
electrically charged sign on a licensed premises that is
provided as part of a promotion of a particular brand of
alcoholic beverages.
``2915.6 This section shall not apply to any sign on a
WMATA public transit vehicle or a taxicab.
``2915.7 This section shall not apply to any sign on
property owned, leased, or operated by the Armory board.
``2915.8 This section shall not apply to any sign on
property adjacent to an interstate highway.
``2915.9 This section shall not apply to any sign located
in a commercial or industrial zone.
``2915.10 Any person who violates any provision of this
section shall be fined $500. Every person shall be deemed
guilty of a separate offense for every day that violation
continues.''.
(b) The amendment made by subsection (a) shall take effect
180 days after the date of enactment of this Act.

[[Page S10215]]

____
amendment no. 1268

(Purpose: To increase the number of ABC inspectors in the District of
Columbia and focus enforcement on sales to minors)

On page 49, between lines 13 and 14, insert the following:
Sec. 148. There are appropriated from applicable funds of
the District of Columbia such sums as may be necessary to
hire 12 additional inspectors for the Alcoholic Beverage
Control Board. Of the additional inspectors, 6 shall focus
their responsibilities on the enforcement of laws relating to
the sale of alcohol to minors.
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amendment no. 1269

(Purpose: To require the General Accounting Office to study the effects
of the low rate of taxation on alcohol in the District of Columbia)

At the appropriate place, insert the following:
Sec. . (a) Not later than 6 months after the date of
enactment of this Act, the General Accounting Office shall
conduct and submit to Congress a study of--
(1) the District of Columbia's alcoholic beverage tax
structure and its relation to surrounding jurisdictions;
(2) the effects of the District of Columbia's lower excise
taxes on alcoholic beverages on consumption of alcoholic
beverages in the District of Columbia;
(3) ways in which the District of Columbia's tax structure
can be revised to bring it into conformity with the higher
levels in surrounding jurisdictions; and
(4) ways in which those increased revenues can be used to
lower consumption and promote abstention from alcohol among
young people.
(b) The study should consider whether--
(1) alcohol is being sold in proximity to schools and other
areas where children are likely to be; and
(2) creation of alcohol free zones in areas frequented by
children would be useful in deterring underage alcohol
consumption.

Mr. BYRD. Mr. President, I rise today to address an issue that
concerns me and, in my opinion, does not receive enough attention,
enough attention or enough action by the Congress. This is the issue of
youth alcohol use. It is a serious problem in the District of Columbia,
as it is throughout the Nation.
Alcohol is the drug that is used most by teens. If we are concerned
about drug use by teens, this is the drug that is used most by teens.
Information compiled by the National Center on Addiction and Substance
Abuse indicates that, among children between the ages of 16 and 17,
69.3 percent have at one point in their lifetime experimented with
alcohol.
Let me say that again. Among children between the ages of 16 and 17,
69.3 percent have at one point in their lifetime experimented with
alcohol. That is not a very good reflection on their parents, I would
say. In the last month, approximately 8 percent of the Nation's eighth
graders--now, get that--in the last month, approximately 8 percent of
the Nation's eighth graders have been drunk. What are we coming to?
Eighth graders--8 percent of the Nation's eighth graders have been
drunk. What does that say about the parents? What does it say about
this Nation of ours? Eighth graders are generally 13-year-olds. Every
State has a law prohibiting the sale of alcohol to individuals under
the age of 21. Unfortunately, though, two out of every three teenagers
who drink report that they can buy their own alcoholic beverages.
Alarmingly, junior and senior high school students drink 35 percent
of all wine coolers and consume 1.1 billion cans of beer a year. Yet,
again, every State and the District of Columbia have laws prohibiting
the sale of alcohol to individuals under the age of 21. Alcohol is a
factor in the three leading causes of death for 15- to 24-year-olds:
accidents, homicides, and suicides. In approximately 50 to 60 percent
of youth suicides, alcohol is a factor. Alcohol is involved. In 1995,
there were 1,666 alcohol-related fatalities of children between the
ages of 15 and 19. Drinking and driving kills. Links have also been
shown between alcohol use and teen pregnancies. And links have been
shown between alcohol use and sexually transmitted diseases.
According to a Washington Post article from July 17, 1997, entitled,
``The Corner Store,'' the District outranks every State with regard to
deaths and diseases related to alcohol. In addition, according to Joye
M. Carter, chief D.C. medical examiner, in 1993, 50 percent of the
homicide victims had consumed alcohol.
In order to begin to address the distressing cost of alcohol to this
city, and its children, I am offering three commonsense amendments to
this bill, the District of Columbia Appropriations Act for fiscal year
1998. The amendments I have sent already to the desk.
The first one would prohibit alcoholic beverage advertisements on
billboards, signs, and posters and other forms of advertising in
certain publicly visible locations in the District of Columbia where
children are likely to walk to school or to play. I believe this is an
important, commonsense measure to help to shelter innocent children of
the District of Columbia from the daily bombardment of messages
tempting them to partake of alcoholic beverages. There is a lot of fuss
made about advertisements concerning smoking. Nothing is said about
advertisements concerning alcohol. That, apparently, is taboo.
Competitive Media Reporting estimates that the alcoholic beverage
industry spent more than $1 billion on alcohol advertising in 1995.
That is an enormous amount of money, and this advertising is often
crafted to particularly appeal to impressionable children. Our children
are bombarded with slick and ingenious messages that drinking alcohol
will lead to popularity; you will be popular; it leads even to good
looks, and leads to a magnetic personality. Nothing could be further
from the truth, of course. Drinking alcohol more often leads to wrecked
automobiles, unwanted sex, coarse and stupid behavior, and more often
than we like to contemplate, a space in the cemetery with a tombstone
resting above--especially in the case of young drinkers. Ads filled
with singles playing exciting outdoor sports, or sophisticated adults
combining alcohol with an elegant evening out, mask the darker view of
children cringing and hiding when Daddy weaves drunkenly through the
door from a bleary-eyed evening spent in the company of a bottle, or
several bottles.
Similar bans have been enacted in Baltimore and Chicago to protect
children in those cities. Why not here? Given the large number of
liquor stores in the District and the number of signs enticing children
to try a substance that they are barred from using by law, it is
important that we take action now. Let us not delay and miss this
opportunity to make a positive difference for the District's children.
It is my understanding that similar legislation is currently pending
before the D.C. Council. It is not clear whether the council will act
expeditiously on this important matter. Thus, it is incumbent upon the
Congress to provide this important protection to the District of
Columbia's children as they walk to school and as they play in their
neighborhoods. In my opinion, the amendment, although I believe it is
crafted to survive legal challenges, does not go as far as I would like
in protecting the District's children. I urge the council to explore
additional ways to expand this protection.

I am sure that some will challenge this amendment, arguing that
commercial speech is protected from such bans under the First
Amendment. As a matter of fact, the beer industry challenged the
Baltimore ordinance banning outdoor, stationary alcoholic beverage
advertising which is almost identical to my amendment. The circuit
court has upheld the Baltimore ordinance as constitutional.
Children cannot readily interpret media messages. Their ability to
analyze information is not yet fully developed, and, thus, they are
more vulnerable to being swayed by advertisements. This fact is of
particular concern when the substances being advertised are illegal for
consumption by minors. According to the U.S. Court of Appeals, Fourth
Circuit, in Anheuser-Busch, Incorporated versus Schmoke:

This decision thus conforms to the Supreme Court's repeated
recognition that children deserve special solicitude in the
First Amendment balance because they lack the ability to
assess and to analyze fully the information presented through
commercial media.

The Fourth Circuit decision goes on:

After our own independent assessment, we recognized the
reasonableness of Baltimore City's legislative finding that
there is a ``definite correlation between alcoholic beverage
advertising and underage drinking.'' We also concluded that
the regulation of commercial speech is not more extensive
than necessary to serve the governmental interest. . .

[[Page S10216]]

Mr. President, in addition to its decision, the Court determined that
Baltimore's ordinance was not more restrictive than necessary to
accomplish the stated goal of protecting children from alcoholic
beverage advertising.
The Court of Appeals specifically cited the ordinance's inclusion of
an exemption, which is also included in my amendment, for commercial
and industrial areas. According to the decision, ``* * * Baltimore's
efforts to tailor the ordinance by exempting commercial and industrial
zones from its effort renders it not more extensive than is necessary
to serve the governmental interest under consideration.''
The exceptions to the ban included in my amendment are numerous and
result in a narrowly tailored approach to achieving the goal of
protecting children in areas they frequent while staying within the
confines of permissible restrictions on commercial speech under the
Constitution. Banning billboard advertisements for alcoholic beverages
where children play and go to school are reasonable safeguards that
communities can take to address youth alcohol use. So, I urge my
colleagues to join me in this worthwhile and narrowly tailored effort
to protect the children of our Nation's Capital.
My second amendment, Mr. President, would increase the number of
Alcohol Beverage Control Board inspectors in the District and focus
enforcement on the sale of alcoholic beverages to minors. The D.C.
Alcohol Beverage Control Board has just three inspectors in the field
in addition to their chief, who also performs inspections of alcohol
outlets. These four inspectors are responsible for monitoring over
1,600 alcoholic beverage outlets. This is a sad state of affairs for a
city that has more alcohol-influenced crime than any other city of
comparable size. In contrast, Baltimore employs 18 regular inspectors
in addition to a number of part-time inspectors.
It is illegal for persons under the age of 21 to purchase, possess,
or consume alcoholic beverages in the District. In addition, the sale
of alcoholic beverages to minors is prohibited. However, these laws are
not being adequately enforced.
In May of this year, the Center for Science in the Public Interest
[CSPI] conducted a sting operation at small grocery and convenience
stores in which alcoholic beverages are sold. The sting operation used
youthful looking twenty-one-year-olds to purchase beer. In 63 percent
of the cases, the young looking subjects were able to buy beer without
presenting age identification--63 percent of the cases. Clearly this is
not good news. It is not legal to sell alcoholic beverages to minors.
The low probability of enforcement of this law results in lax age
identification checks. My amendment strengthens the District's ABC
enforcement efforts by bringing the number of inspectors up to a level
comparable to other cities of this size. It is my hope that my
colleagues will join me in this important effort to address the serious
issue of alcoholic beverage sales to minors.
My third amendment calls for the General Accounting Office [GAO] to
conduct a study on the District's alcoholic beverage excise taxes. It
is my understanding that the level of taxation in the District is
amongst the lowest in the Nation. According to local activists
concerned about the effects of alcohol consumption on the District,
raising the excise tax on alcohol could be the single most effective
means of reducing alcohol consumption in the District. This amendment
would require the General Accounting Office to study: (1) the District
of Columbia's alcoholic beverage tax structure and its relation to
surrounding jurisdictions; (2) the effect of D.C.'s lower excise taxes
on alcoholic beverages on consumption of alcoholic beverages in D.C.;
(3) ways in which the District of Columbia's tax structure can be
revised to bring it into conformity with the higher levels in
surrounding jurisdictions; and (4) ways in which those increased
revenues can be used to lower consumption and promote abstention from
alcohol amongst young people.
The study would also explore whether alcohol is being sold in
proximity to schools and other areas where children are likely to be.
In addition, would the creation of alcohol free zones in areas
frequented by children be useful in deterring under-age alcohol
consumption?
These are important issues. They are important issues that ought to
be explored. The information obtained in the study will be useful in
determining the need for possible future adjustments of the excise
taxes in the District on alcohol that might reduce the high costs that
alcohol abuse imposes on the District of Columbia.
The District of Columbia is our Nation's Capital, a centerpiece for
our Nation's Government, as well as a hometown for 600,000 people. It
should be a shining star in the constellation of American cities, but
it is not. Sadly, that star is tarnished by neglect, abuse, and by the
complex forces that hold sway over and within it. The corrosive effects
of alcohol abuse further erode its beauty and grandeur. I believe that
these three amendments make a positive step toward repairing the
District so that it might claim its rightful place at the pinnacle of
American metropolitan areas.
Mr. President, I ask for the yeas and nays on the amendments en bloc.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. BYRD. Mr. President, I ask unanimous consent that the amendments,
en bloc, be set aside temporarily to a time when the leadership would
find it most convenient for Members to have the vote.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FAIRCLOTH. Mr. President, the three amendments offered by Senator
Byrd will be voted on en bloc, and we want to set them aside until the
leadership arranges a vote.
The PRESIDING OFFICER. The amendments have been set aside.
Mr. FAIRCLOTH. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FAIRCLOTH. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Unanimous-Consent Agreement

Mr. FAIRCLOTH. Mr. President, I ask unanimous consent that the votes
occur on the amendments offered and considered en bloc by Senator Byrd
immediately following the vote on the energy and water appropriations
conference report and that one vote count as three votes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FAIRCLOTH. Mr. President, again, I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FAIRCLOTH. Mr. President, I ask unanimous consent that the order
for the quorum be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FAIRCLOTH. Mr. President, I modify my consent request with
respect to the Byrd votes, that one vote count as only one vote.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FAIRCLOTH. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. HOLLINGS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HOLLINGS. Mr. President, I ask unanimous consent to proceed for 5
minutes as in morning business and my remarks not interrupt the pending
amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.

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