[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:

 (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. 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.
                                                                    ____



                           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.

                          ____________________