[Pages S9960-S9963]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page S9960]]
DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998

The Senate continued with the consideration of the bill.
Mr. GRAHAM addressed the Chair.
The PRESIDING OFFICER. The Senator from Florida.
Mr. GRAHAM. Mr. President, I send an amendment to the desk----
Mr. COATS. Mr. President, parliamentary inquiry. What is the regular
order?
The PRESIDING OFFICER. Does the Senator from Florida yield for a
parliamentary inquiry?
Mr. GRAHAM. I yield for a parliamentary inquiry but retaining the
floor.
Mr. COATS. Mr. President, it was my understanding that we would
immediately return, after these votes, under the previous unanimous-
consent request, to consideration of the pending amendment and that
there was a little bit of time remaining. I only say that, not because
I want to use the time--I know Members want to speak on a number of
subjects--but because Senator Brownback had been on the list to speak.
He was precluded by the clock when we shifted over under the order. I
am just inquiring as to whether or not that is the case.
The PRESIDING OFFICER. The Senator is correct. There is a pending
amendment, and the Senator controls 29 minutes. It would take unanimous
consent to set it aside.
The Senator from Florida was the first Senator to seek recognition
when we returned to the amendment.
Mr. COATS. Mr. President, I want to, first of all, inform my
colleagues that I have no intention of using the 29 minutes.

I do, also, though, want to say that I had promised the Senator from
Kansas he would be first up. He has commitments. I have commitments. He
was in line, and the clock precluded him from getting his statement in.
I would be willing to forgo all but about 1 minute of my remarks if we
could go forward with this, and we will get to the other Senators as
quickly as possible. A lot of people have been waiting all afternoon to
speak, but they were not allowed to speak because of the unanimous
consent agreement. We had promised them, if they were here right after
the votes, they would be first up.
Mr. BUMPERS addressed the Chair.
The PRESIDING OFFICER. The Senator from Florida has the floor, having
been recognized. The Senator from Florida, having heard the
explanation, is in position to control the time.
Has unanimous consent been requested?
Mr. COATS. Mr. President, parliamentary inquiry. I do not mean to
drag this out here. I don't understand the procedure. I thought
anything other than the pending amendment was out of order without
unanimous consent, that recognition had nothing to do with it.
The PRESIDING OFFICER. The Senator from Florida achieved recognition.
If he wishes to set aside the pending amendment and proceed with an
amendment of his own, it would require unanimous consent.
Mr. COATS. On the part of the Senator from Florida.
The PRESIDING OFFICER. On the part of the Senator from Florida.
The Senator from Florida.
Mr. GRAHAM. Mr. President, my purpose, with my colleague, is solely
to introduce an amendment which we will then ask to be set aside for
consideration on Tuesday. We will be, I think, less than 90 seconds in
completing this task. So I ask unanimous consent to set aside the
pending amendment for the purpose of offering this amendment in hopes
that we complete this task, and then we will relinquish the floor.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered. The Senator from Florida.

Amendment No. 1252

(Purpose: To provide relief to certain aliens who would otherwise be
subject to removal from the United States)

Mr. GRAHAM. Mr. President, I send an amendment to the desk and ask
for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Florida [Mr. Graham], for himself, Mr.
Mack, and Mr. Kennedy, proposes an amendment numbered 1252.

Mr. GRAHAM. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place, insert the following new section:

``SEC.--. IMMIGRATION REFORM TRANSITION ACT OF 1997.

(a) In General.--Section 240A, subsection (e), of the
Immigration and Nationality Act is amended--
(1) in the first sentence, by striking ``this section'' and
inserting in lieu thereof'' section 240A(b)(l)'';
(2) by striking '', nor suspend the deportation and adjust
the status under section 244(a) (as in effect before the
enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996),''; and
(3) by striking the last sentence in the subsection and
inserting in lieu thereof: ``The previous sentence shall
apply only to removal cases commenced on or after April 1,
1997, including cases where the Attorney General exercises
authority pursuant to paragraphs (2) or (3) of section 309(c)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (P.L. 104-208, Division C, 110
Stat. 3009).''.
(b) Repealers.--Section 309, subsection (c), of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(P.L. 104-208, Division C, 110 Stat. 3009) is amended by
striking paragraphs (5) and (7).
(c) Special Rule.--Section 240A of the Immigration and
Nationality Act is amended--
(1) In subsection (b), paragraph (3), by striking ``(1) or
(2)'' in the first and third sentences of that paragraph and
inserting in lieu thereof ``(1), (2), or (3)'', and by
striking the second sentence of that paragraph;
(2) In subsection (b), by redesignating paragraph (3) as
paragraph (4);
(3) In subsection (d), paragraph (1), by striking ``this
section.'' and inserting in lieu thereof'' subsections (a),
(b)(1), and (b)(2).'';
(4) in subsection (b), by adding after paragraph (2) the
following new paragraph--
``(3) Special rule for certain aliens covered by the
settlement agreement in American Baptist Churches et al. v.
Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991)--
``(A) The Attorney General may, in his or her discretion,
cancel removal and adjust the status from such cancellation
in the case of an alien who is removable from the United
States if the alien demonstrates that--
(i) the alien has not been convicted at any time of an
aggravated felony and
``(I) was not apprehended after December 19, 1990, at the
time of entry, and is either
``(aa) a Salvadoran national who first entered the United
States on or before September 19, 1990, and who registered
for benefits pursuant to the ABC settlement agreement on or
before October 31, 1991, or applied for Temporary Protected
Status on or before October 31, 1991; or
``(bb) a Guatemalan national who first entered the United
States on or before October 1, 1990, and who registered for
benefits pursuant to the ABC settlement agreement by December
31, 1991; or
``(cc) the spouse or unmarried son or daughter of an alien
described in (aa) of this subclause, provided that the
spouse, son or daughter entered the United States on or
before September 19, 1990, or the spouse or unmarried son or
daughter of an alien described in (bb) of this subclause,
provided that the spouse, son or daughter entered the United
States on or before October 1, 1990; or
``(II) is an alien who
(aa) is a Nicaraguan, Guatemalan, or Salvadoran who filed
an application for asylum with the Immigration and
Naturalization Service before April 1, 1990, and the
Immigration and Naturalization Service had not granted,
denied, or referred that application as of April 1, 1997; or
(bb) is the spouse or unmarried son or daughter of an alien
described in (aa) of this subclause, provided that the
spouse, son or daughter entered the United States on or
before April 1, 1990; and
``(ii) the alien is not described in paragraph (4) of
section 237(a) or paragraph (3) of section 212(a) of the Act;
and
``(iii) the alien
``(I) is removable under any law of the United States
except the provisions specified in subclause (II) of this
clause, has been physically present in the United States for
a continuous period of not less than seven years immediately
preceding the date of such application, and proves that
during all of such period he was and is a person of good
moral character, and is a person whose removal would, in the
opinion of the Attorney General, result in extreme hardship
to the alien or to his spouse, parent, or child, who is a
citizen of the United States or an alien lawfully admitted
for permanent residence; or
``(II) is removable under paragraph (2) (other than section
237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of
section 237(a), or paragraph (2) of section 212(a), has been
physically present in the United States for a continuous
period of not less than 10 years immediately following the
commission of an act, or the assumption of a status,
constituting a ground for deportation, and proves that during
all of such period he has been and is a person of good moral
character, and is a person whose removal would, in the
opinion of the Attorney General, result in exceptional and
extremely unusual hardship to the alien or to his spouse,
parent or child, who is a citizen of the United States, or an
alien lawfully admitted for permanent residence.
``(B) Subsection (d) of this section shall not apply to
determinations under this paragraph, and an alien shall not
be considered

[[Page S9961]]

to have failed to maintain continuous physical presence in
the United States under clause (A)(iii) of this paragraph if
the alien demonstrates that the absence from the United
States was brief, casual, and innocent, and did not
meaningfully interrupt the continuous physical presence.
``(C) The determination by the Attorney General whether an
alien meets the requirements of subparagraph (A) or (B) of
this paragraph is final and shall not be subject to review by
any court. Nothing in the preceding sentence shall be
construed as limiting the application of subparagraph (B) of
section 242(a)(2) to other eligibility determinations
pertaining to discretionary relief under this Act.''
(d) Effective Date of Subtitle (c).--The amendments made by
subtitle (c) shall be effective as if included in Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(P.L. 104-208, Division C, 110 Stat. 3009).
(e) Appeal Process.--Any alien who has become eligible for
suspension of deportation or cancellation of removal as a
result of the amendments made by subsection (b) and (c) may,
notwithstanding any other limitations on motions to reopen
imposed by the Immigration and Nationality Act or by
regulation file one motion to reopen to apply for suspension
of deportation or cancellation of removal. The Attorney
General shall designate a specific time period in which all
such motions to reopen must be filed. The period must begin
no later than 120 days after the date of enactment of this
Act and shall extend for a period of 180 days.

Mr. GRAHAM. Mr. President, I ask for the yeas and nays on this
amendment.
The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The yeas and nays were ordered.
Mr. MACK addressed the Chair.
The PRESIDING OFFICER. The Senator from Florida.

Amendment No. 1253 to Amendment No. 1252

(Purpose: To provide relief to certain aliens who would otherwise be
subject to removal from the United States)

Mr. MACK. Mr. President, I send a second-degree amendment to the
desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Florida [Mr. Mack] for himself, Mr.
Graham, and Mr. Kennedy proposes an amendment numbered 1253
to amendment No. 1252.

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

Strike all after the word ``SEC. . and insert the
following:

IMMIGRATION REFORM TRANSITION ACT OF 1997.

(A) In General.--Section 240A, subsection (e), of the
Immigration and Nationality Act is amended--
(1) in the first sentence, by striking ``this section'' and
inserting in lieu thereof ``section 240A(b)(1)'';
(2) by striking ``, nor suspend the deportation and adjust
the status under section 244(a) (as in effect before the
enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996),''; and
(3) by striking the last sentence in the subsection and
inserting in lieu thereof: ``The previous sentence shall
apply only to removal cases commenced on or after April 1,
1997, including cases where the Attorney General exercises
authority pursuant to paragraphs (2) or (3) of section 309(c)
of the illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (P.L. 104-208, Division C, 110
Stat. 3009).''.
(b) Repealers.--Section 309, subsection (c), of the illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(P.L. 104-208, Division C, 110 Stat. 3009) is amended by
striking paragraphs (5) and (7).
(c) Special Rule.--Section 240A of the Immigration and
Nationality Act is amended--
(1) In subsection (b), paragraph (3), by striking ``(1) or
(2)'' in the first and third sentences of that paragraph and
inserting in lieu thereof ``(1), (2), or (3)'', and by
striking the second sentence of that paragraph;
(2) In subsection (b), by redesignating paragraph (3) as
paragraph (4);
(3) In subsection (d), paragraph (1), by striking ``this
section.'' and inserting in lieu there of ``subsections (a),
(b)(1), and (b)(2).'';
(4) in subsection (b), by adding after paragraph (2) the
following new paragraph--
``(3) Special rule for certain aliens covered by the
settlement agreement in American Baptist Churches et al. v.
Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991).--
``(A) The Attorney General may, in his or her discretion,
cancel removal and adjust the status from such cancellation
in the case of an alien who is removable from the United
States if the alien demonstrates that--
``(i) the alien has not been convicted at any time of an
aggravated felony and--
``(I) was not apprehended after December 19, 1990, at the
time of entry, and is either--
``(aa) a Salvadoran national who first entered the United
States on or before September 19, 1990, and who registered
for benefits pursuant to the ABC settlement agreement on or
before October 31, 1991, or applied for Temporary Protected
Status on or before October 31, 1991; or
``(bb) a Guatemalan national who first entered the United
States on or before October 1, 1990, and who registered for
benefits pursuant to the ABC settlement agreement by December
31, 1991; or
``(cc) the spouse or unmarried son or daughter of an alien
described in (aa) of this subclause, provided that the
spouse, son or daughter entered the United States on or
before September 19, 1990, or the spouse or unmarried son or
daughter of an alien described in (bb) of this subclause,
provided that the spouse, son or daughter entered the United
States on or before October 1, 1990; or
``(II) is an alien who--
(aa) is a Nicaraguan, Guatemalan, or Salvadoran who filed
an application for asylum with the Immigration and
Naturalization Service before April 1, 1990, and the
Immigration and Naturalization Service had not granted,
denied, or referred that application as of April 1, 1997; or
(bb) is the spouse or unmarried son or daughter of an alien
described in (aa) of this subclause, provided that the
spouse, son or daughter entered the United States on or
before April 1, 1990; and--
``(ii) the alien is not described in paragraph (4) of
section 237(a) or paragraph (3) of section 212(a) of the Act;
and--
``(iii) the alien--
``(I) is removable under any law of the United States
except the provisions specified in subclause (II) of this
clause, has been physically present in the United States for
a continuous period of not less than seven years immediately
preceding the date of such application, and proves that
during all of such period he was and is a person of good
moral character, and is a person whose removal would, in the
opinion of the Attorney General, result in extreme hardship
to the alien or to his spouse, parent, or child, who is a
citizen of the United States or an alien lawfully admitted
for permanent residence; or--
``(II) is removable under paragraph (2) (other than section
237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of
section 237(a), or paragraph (2) of section 212(a), has been
physically present in the United States for a continuous
period of not less than 10 years immediately following the
commission of an act, or the assumption of a status,
constituting a ground for deportation, and proves that during
all of such period he has been and is a person of good moral
character, and is a person whose removal would, in the
opinion of the Attorney General, result in exceptional and
extremely unusual hardship to the alien or to his spouse,
parent or child, who is a citizen of the United States, or an
alien lawfully admitted for permanent residence.
``(B) Subsection (d) of this section shall not apply to
determinations under this paragraph, and an alien shall not
be considered to have failed to maintain continuous physical
presence in the United States under clause (A)(iii) of
this paragraph if the alien demonstrates that the absence
from the United States was brief, casual, and innocent,
and did not meaningfully interrupt the continuous physical
presence.
``(C) The determination by the Attorney General whether an
alien meets the requirements of subparagraph (A) or (B) of
this paragraph is final and shall not be subject to review by
any court. Nothing in the preceding sentence shall be
construed as limiting the application of subparagraph (B) of
section 242(a)(2) to other eligibility determinations
pertaining to discretionary relief under this Act.''.
(d) Effective Date of Subtitle (c).--The amendments made by
subtitle (c) shall be effective as if included in Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(P.L. 104-208, Division C, 110 Stat. 3009).
(e) Appeal Process.--Any alien who has become eligible for
suspension of deportation or cancellation of removal as a
result of the amendments made by subsection (b) and (c) may,
notwithstanding any other limitations on motions to reopen
imposed by the Immigration and Nationality Act or by
regulation file one motion to reopen to apply for suspension
of deportation or cancellation of removal. The Attorney
General shall designate a specific time period in which all
such motions to reopen must be filed. The period must begin
no later than 120 days after the date of enactment of this
Act and shall extend for a period of 180 days.
(f) Effective Date of Section.--This section shall take
effect one day after enactment of this Act.

Mr. MACK. Mr. President, I ask unanimous consent that both the first-
and second-degree amendments be temporarily set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BUMPERS addressed the Chair.
The PRESIDING OFFICER. The underlying business is the amendment of
the Senator from Indiana.

Amendment No. 1249

Mr. COATS. Mr. President, I thank the Chair. I again inform my
colleagues that we will be brief. I am just trying to fill some
commitments we made earlier. I will dispense with my ringing,
articulate, persuasive rebuttals to the opponents of this

[[Page S9962]]

amendment that I have ready to go here, to Senator Boxer and Senator
Kennedy and others who spoke against the amendment, and save those
until Tuesday. Even though I have the attention of my colleagues who
are in the Chamber that I might not have on Tuesday, I will have to
trust that yielding the time is probably more persuasive in getting
support for my amendment than giving those arguments at this particular
point. So, I will defer that. However, I have made a commitment to the
Senator from Kansas. I think he is going to be relatively brief. I
yield to him such time as he may consume. Then, if no one else wants to
speak on this particular amendment, I will be happy to yield back.

Mr. LAUTENBERG. Mr. President, I have a question to the Senator from
Indiana. Is there currently a time agreement?
Mr. COATS. Yes.
The PRESIDING OFFICER (Mr. Sessions). There is.
Mr. LAUTENBERG. May I ask further how much time is left?
The PRESIDING OFFICER. There remain 25 minutes for the Senator from
Indiana.
Mr. COATS. We have no intention, I tell the Senator, of using that
much time. I think the Senator from Kansas has less than 10 minutes and
I will defer my time until tomorrow.
Mr. LAUTENBERG. I can hardly wait, and I thank the Senator.
The PRESIDING OFFICER. The Senator from Kansas. Mr. Brownback. Mr.
President, I thank my colleague from Indiana for yielding this time and
bringing forward this amendment. I think it is a very important,
excellent amendment and I rise in support of it. I chair the Senate
subcommittee that has oversight over the District of Columbia. I, and
Senator Lieberman who is the ranking Democrat on that committee, are
both cosponsors of the Coats amendment.
I would just like to inform the Members of this body and others that
we have had extensive hearings on the D.C. Public School System. We
have been out and looked at the schools. We have been in the public
schools. We have been in the charter schools. We have looked at the
D.C. Public School System. My conclusion of the D.C. School System is
the same as the D.C. Control Board's conclusion, that is that this
system has failed the students.

The D.C. Control Board, in their own statements regarding the D.C.
Public School System, said this: They said that the longer students
stay in the District of Columbia public schools, the worse they do.
That is the Control Board's own assessment of what has happened to the
D.C. public schools. I think that is a crime to the students, to the
children of the District of Columbia who are in these schools. We
should not be putting them in a situation where the school system has
failed them. That is wrong. That is wrong of us to allow it to take
place.
We have also had hearings with General Becton, who has been put in
charge of the District of Columbia public schools. He is an admirable
man. He is a good man who believes he is on the toughest assignment he
has ever had. He has been a general in the military and he's a quality
individual. The general says to us: Give me 3 years to fix this system
up. Give me 3 years to be able to get the system back correct. I know
it is a failed system. I know it's not working for the children in the
District. I know we have failures in it, that the test scores are not
what they should be, that the schools have not performed, that they are
not as safe as they should be, that we are having repair problems to
the point that we can't get students in for 3 weeks--but give me 3
years to be able to fix this system up.
I sit out, as a parent who has three children, and ask myself, does
my child get a second shot at the first grade during those 3 years? Or
the second? Or the third grade? Those are formative, key years for
students, for pupils. They don't get 3 years to wait.

I am saying, and I said this to the general, in hearings, I said:
General, is it right for us to condemn that student to this system that
you admit and state has failed these students? Is that fair to the
student? You are saying give us 3 years to improve the school system,
and I know he is going to try to do everything he can. But is it fair
to this poor child? You have to stare in the face of that child and
say, ``I am sorry, you are not going to be able to get the quality of
education that you need to have because it is going to take us some
time to fix these schools or this school system.'' I don't think that
is fair to these students. It is not fair to these pupils.
I think, frankly, if most of us in this body had children and we were
living in the District of Columbia, we would not think it would be fair
to our kids either to put them into the public school system in this
particular situation where we have--and listen to these statistics.
They are really frightful.
Let me say as well, this is about improving public education. We have
to have better education in this country. We have to have better
education for our children. That is what we are after. What I am after,
chairing this subcommittee, is to make the District of Columbia a
shining example around the world for everything, and in particular, as
well, in education. But we are not there now.
Look at some of these statistics. We have fourth graders in the D.C.
public school system--78 percent of fourth graders are not at basic
reading levels, 78 percent. We have violence problems in the D.C.
public schools. We have 26 percent of the teachers surveyed in 1995 say
that they were threatened, injured, or attacked in the past year--26
percent. The national average is too high, it's at 14 percent; but 26
percent, 1 of 4 of the teachers. Of the students, 11 percent of the
students were threatened or injured with a weapon during the past
year--11 percent of the students. And 11 percent were avoiding school
for safety reasons during the past 30 days.

Then you have the horrendous incidents that happen when you had
students having sexual activity in grade school during the school day.
That happened in the District of Columbia. That just touched all of us,
saying this cannot be allowed to continue to take place.
This amendment is a simple amendment to try to provide a choice, an
opportunity to some students who do not have it and are not able,
financially. Their parents are not in a position to be able to do what
most Members of Congress do. I say that on a basis of surveys that have
been done of Members of Congress. Of those Members of Congress who have
responded to a survey, 77 percent of Senators responded and 50 percent
had sent or are sending their children to a private school. They had
that option because financially we are in a position to be able to do
it. And unfortunately, too many of our D.C. children are not in a
financial position to be able to do this.
We need to look in their eyes and provide them a choice and provide
them this option. This amendment is a simple one, to try to do that. I
think it also will help us make better public schools in the District
of Columbia by providing some incentive and some competition into the
school system in the District of Columbia.
Mr. President, I have other points I may be making next week on this.
But I simply say we cannot wait and imprison a student in a system that
is a failed system. The people looking over it have already stated this
is a failed system. It is not fair to the kids.
Let's say who we are protecting here. We ought to be looking exactly
in that child's eye when we vote on this amendment, and say let's give
this child a choice and give this child a chance and not put him in a
system which, according its own people, is a failed system.
There are some good public schools in the District of Columbia but
overall this system has failed. That is why I plead with my colleagues
to look at this amendment and give these kids a chance. With that, I
yield the floor.
Mr. STEVENS addressed the Chair.
THE PRESIDING OFFICER. The Senator from Alaska is recognized.
Mr. STEVENS. I thank the Chair.
(The remarks of Mr. Stevens and Mr. Murkowski pertaining to the
introduction of legislation are located in today's Record under
``Statements on Introduced Bills and Joint Resolutions.'')
The PRESIDING OFFICER. The Senator from Arkansas.
Mr. BUMPERS. Mr. President, I ask unanimous consent the pending
amendment be temporarily laid aside in order for me to proceed for 1
minute.

[[Page S9963]]

The PRESIDING OFFICER. Without objection, it is so ordered.

____________________