December 15, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2205 EXTENSIONS OF REMARKS

CLEVELAND VOUCHER who argued the case for a group of parents erished parents back vouchers as a free-mar- PROGRAM DECLARED UNCONSTI- and teachers challenging the vouchers. ‘‘The ket solution to what they see as the failure TUTIONAL message is, let’s focus on improving the pub- of inner-city ; the teachers’ unions lic schools and stop playing around with have spent millions of dollars fighting vouchers as a panacea.’’ vouchers, which they and many educators HON. JOHN CONYERS, JR. In the ruling, Judge Eric L. Clay of the believe would drain resources from the OF MICHIGAN United States Court of Appeals for the Sixth schools that most need them. IN THE HOUSE OF REPRESENTATIVES Circuit said the program did not Vouchers were a main point of fissure in present parents with a real set of options, be- the education debate of this fall’s presi- Friday, December 15, 2000 cause few nonreligious private schools and dential campaign. Vice President Al Gore ve- Mr. CONYERS. Mr. Speaker, today I am no suburban public schools had opened their hemently opposes the use of any public pleased to offer for the record my congratula- doors. In 1999–2000, 96 percent of the 3,761 money for private schools, while Gov. George tions to Judge Eric L. Clay of the United voucher students attended sectarian schools, W. Bush of Texas wants to give children in receiving up to $2,500 each to offset tuition. consistently failing schools $1,500 in federal States Court of Appeals for the Sixth Circuit, ‘‘This scheme involves the grant of state money to use however they like, including an outstanding judge, and a man who pos- aid directly and predominantly to the coffers for tuition. sesses a high degree of common sense and of private, religious schools, and it is un- Yesterday’s ruling in the Cleveland case, pragmatism. Judge Eric L. Clay ruled that the questioned that these institutions incor- Simmons-Harris v. Zelman, comes a year Cleveland school voucher program was un- porate religious concepts, motives and after a lower-court federal judge struck down constitutional, because it did not present par- themes into all facets of their educational the program, saying it had ‘‘the effect of ad- ents with a real set of options, and few non- planning,’’ wrote Judge Clay, a 1997 Clinton vancing religion through government-spon- religious private schools and no suburban appointee who was joined in the opinion by a sored religious indoctrination.’’ 1991 Bush appointee, Judge Eugene E. Siler. Judges Clay and Siler acknowledged in public schools had opened their doors. He ‘‘There is no neutral aid when that aid their opinion that vouchers had been ‘‘the wrote, and I quote, ``This scheme involves the principally flows to religious institutions,’’ subject of intense political and public com- grant of state aid directly and predominately to the decision said, ‘‘nor is there truly ‘private mentary, discussion and attention in recent the coffers of private, religious, schools, and it choice’ when the available choices resulting years’’ but said they could not take part in is unquestioned that these institutions incor- from the program are predominantly reli- the ‘‘academic discourse on practical solu- porate religious concepts, motives, and gious.’’ tions to the problem of failing schools.’’ themes into all facets of their educational plan- Voucher supporters promised to appeal the Instead, they based their opinion largely ruling and expressed confidence about their on a 1973 Supreme Court ruling in a New ning.'' Judge Clay is a 1997 Clinton appointee. chances at the high court, which has hinted York case, Committee for Public Education Given the current national debate around at its openness to vouchers in recent years v. Nyquist, which rejected a tuition-reim- school vouchers, his ruling is of critical impor- with several 5-to-4 decisions allowing public bursement program for parents of private tance to a full understanding of the issue. 82% money to be used in parochial schools for school students. Yesterday’s ruling also pays of the citizens of Detroit recently held a ref- textbooks, transportation and teachers’ close attention to the concurring opinion of erendum, and voted down the use of school aides. Justice Sandra Day O’Connor—widely seen vouchers. It is my firm belief all children ‘‘The day of reckoning is drawing closer,’’ as the swing vote on vouchers—in a case should have the opportunity to attend first said , a lawyer for the Wash- from last term, Mitchell v. Helms, which class public schools that have the highest aca- ington-based , which upheld the purchase of computers for paro- helped defend the voucher program. ‘‘This chial schools. demic standards, and the best learning envi- decision is a disaster for every schoolchild in ‘‘The voucher program at issue constitutes ronment possible. This can be best achieved America, but it will be short-lived.’’ the type of ‘direct monetary subsidies to re- by reducing class size, hiring more teachers, Students in the Cleveland program will ligious institutions’ that Justice O’Connor teaching phonics, implementing mentoring and probably be allowed to finish the year at found impermissible,’’ the Sixth Circuit after school academic enrichment programs, their current schools, lawyers for both sides judges said. ‘‘To approve this program would universal Head Start, increasing teacher's sal- said. The Supreme Court has already inter- approve the actual diversion of government aries, and creating a world class public school vened once in the case, to allow voucher re- aid to religious institutions in endorsement cipients to remain in parochial schools pend- of religious education, something ‘in tension’ infrastructure. School vouchers is a panacea ing the appeal, and an extension of that with the precedents of the Supreme Court.’’ that will only benefit a small percentage of our order is expected. Judge James L. Ryan, appointed to the kids, and therefore, should be discarded as a ‘‘Whatever I have to do to keep her there, bench by President Ronald Reagan in 1985, viable policy alternative once and for all. I’m going to do that,’’ said Roberta Kitchen, submitted a sharp dissent accusing his fellow guardian for Toshika Bacon, who uses a judges of ‘‘nativist bigotry’’ and denouncing A RULING VOIDS USE OF VOUCHERS IN voucher to attend a . the quality of Cleveland’s public schools. He SCHOOLS ‘‘If it means borrowing, second job, go fur- argued that the Supreme Court’s rulings [From the New York Times, Dec. 12, 2000] ther into debt, having to juggle my bills since the Nyquist case suggested a shift in By Jodi Wilgoren around,’’ Ms. Kitchen said, ‘‘whatever I need thinking on subsidies to private and paro- A Federal Appeals court declared a Cleve- to come up with that tuition.’’ chial schools and called the majority opinion land school voucher program unconstitu- Cleveland’s voucher program, which gives ‘‘absurd’’ and ‘‘meritless.’’ tional yesterday, upholding a lower court precedence to low-income families, has been ‘‘In striking down this statute today, the ruling that the use of public money to send in litigation since it began in 1995 and has majority perpetuates the long history of thousands of children to parochial schools long been seen by both sides as the likely lower federal court hostility to educational breaches the First Amendment’s separation test case bound for the Supreme Court. The choice,’’ Judge Ryan wrote, going on to call of church and state. justices have already declined to review the the ruling ‘‘an exercise in raw judicial power The 2-to-1 decision, which included a vitri- nation’s oldest and largest voucher program, having no basis in the First Amendment or olic exchange among the judges, sets the which began in in 1990 and was in the Supreme Court’s Establishment stage for a United States Supreme Court upheld by the State Supreme Court in 1998. Clause jurisprudence.’’ showdown on one of the most contentious In Florida, the legal battle over a statewide Judge Ryan’s harsh words prompted the issues in education politics today. It comes a voucher program has focused so far on the same from his colleagues. The majority com- month after voters in Michigan and Cali- mandate to provide public education, not the plained of ‘‘hyperbole’’ and ‘‘gratuitous in- fornia roundly rejected school voucher pro- church-state question; a state appellate sults,’’ saying ‘‘it is the dissent and its rhet- grams in ballot initiatives and is the most judge’s ruling that the program is acceptable oric which should not be taken seriously.’’ significant legal decision yet on the ques- is being appealed to the Florida Supreme Gov. Bob Taft of Ohio, a Republican, de- tion. Court. clined to comment on the case, other than to ‘‘We certainly hope everyone will get the Apart from the constitutional disputes, the express disappointment, as did the state’s message,’’ said Robert H. Chanin, general battle over vouchers concerns the very defi- top education official, Susan Tave Zelman, counsel for the National Education Associa- nition of the public-school system. A coali- who is named as a defendant. Neither Cleve- tion, the nation’s largest teacher’s union, tion of corporate philanthropists and impov- land’s mayor, Michael R. White, nor Barbara

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 112000 04:26 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A15DE8.000 pfrm04 PsN: E15PT2 E2206 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2000 Byrd-Bennett, the chief executive officer of broken only by state-coloured rivers. Look try to dislodge him. But this time Angola, the Cleveland Municipal School District, down two hours later, and nothing has Zimbabwe, Namibia, Sudan and Chad sent could be reached for comment. changed. It is as if the plane hasn’t moved. troops to defend him. They said they were Betty D. Montgomery, Ohio’s attorney Congo is big. Lay a map of Europe across acting on principle, to protect a general, released a statement saying, ‘‘The Congo, with London at its western end, and neighbouring state from invasion. The war voucher pilot program empowers low-income the eastern border falls 200 miles beyond reached a stalemate with the country di- Cleveland-area families whose children are Moscow. vided. In the western half, trapped in a failing public school system.’’ War in Congo does not involve huge armies Mr. Kabila was backed by Zimbabwe, An- As thousands of Cleveland families won- and terrible battles, but a few guns can send gola and Namibia (Sudan and Chad with- dered how the decision might affect them, hundreds of thousands fleeing their homes. It drew). The east was controlled by three rebel the combatants in the nation’s voucher wars threatens Congo’s nine neighbours with movements and their creators and control- unleashed a sheaf of faxes celebrating or destabilisation, and with thousands of refu- lers, Uganda and Rwanda. Burundi also has criticizing the latest legal salvo. gees pouring into their border areas. In the troops in Congo allied to the Rwandans, but ‘‘This is a great early Christmas present first week of December alone, by UN esti- these stay close to the Burundi border. for America’s public schools and our con- mates, more than 60,000 refugees fled into In June and July last year, a peace agree- stitutional principles,’’ Barry W. Lynn, exec- Zambia from fighting that has just delivered ment was signed in Lusaka by the govern- utive director of Americans United for Sepa- the town of Pweto to Congo’s anti-govern- ment of Congo, the three rebel groups and ration of Church and State, said in a press ment rebels. War in Congo means a genera- five intervening nations. It provided a time- release. tion growing up without inoculation or edu- table for a ceasefire, the deployment of Afri- The Center for , a con- cation and the rapid spread of AIDS, the can military observers supported by UN servative group in Washington, described the camp-follower of war in Africa. A recent monitors, the disarming of ‘‘negative forces’’ Cleveland program as a ‘‘lifeline for thou- United Nations report described Congo’s war (the militia gangs that roam eastern Congo), sands of disadvantaged young people.’’ as one of the world’s worst humanitarian cri- and the eventual withdrawal of all foreign ‘‘We’ve always believed and continue to be- ses, affecting some 16m people. forces. It also prescribed a national dialogue lieve that parents are a child’s first teach- THE LEGACY OF GREED between Mr. Kabila and the armed and un- er,’’ said the group’s president, Jeanne Allen. armed opposition. ‘‘And as such they and only they should de- Congo was only briefly a nation state. For cide where and how their children are edu- most of history it was a blank on the map, NEIGHBOURS ON THE TAKE cated.’’ luring in the greedy and unwary. It was first Unsurprisingly, it has not worked. The On the other side was Ralph G. Neas, presi- pillaged by the slave kingdoms and foreign ceasefire has been persistently broken by all dent of People for the American Way Foun- slavers; then by predators looking for ivory, sides, most recently with the fighting around dation, who hailed the ruling as ‘‘a victory rubber, timber, copper, gold and diamonds. Pweto. Although the defense chiefs of six of for the First Amendment and a victory for Leopold, king of the Belgians, grabbed it in the intervening countries, led by Zimbabwe, public education.’’ 1885 to make himself a private kingdom. and several rebel groups signed a deal in But it was a defeat for Mr. Bolick of the That sparked the imperial takeover of Africa Harare on December 6th to pull back their Institute for Justice. ‘‘The same Constitu- by Europeans at the end of the 19th century. forces from front-line positions, it is still un- tion that guarantees educational opportuni- Leopold’s agents cut off hands and heads to likely to happen. The exploitation of the ties has been turned on its head to subvert force the inhabitants to deliver its riches to country by the intervening armies reinforces them,’’ he said. him. Then came Belgian state rulers. They the imperialist nature of the invasion, as do built some roads and brought in health and their disparaging comments about the Congo f education programmes, but blocked any po- * * * ‘‘A hopeless people,’’ remarked one CONGO: THE HEART OF litical development. When Congo was pitched Rwandan. ‘‘All they want to do is drink and DARKNESS? into independence in 1960, there was chaos. dance.’’ Congo nearly broke up; then out of the Each of the interveners in Congo has com- chaos came Mobutu Sese Seko, one of the plex and different reasons for being there. At HON. FRANK R. WOLF more grotesque rulers of independent Africa. one level, they have been sucked into the OF VIRGINIA America and Europe supported him because vacuum; social and population pressure east IN THE HOUSE OF REPRESENTATIVES he was anti-communist; but he was Leopold’s of Congo has drawn the neighbours towards a Friday, December 15, 2000 true successor, regarding the country as his country with few people for its size and no personal possession. He renamed it Zaire, state structures. But each also had internal Mr. WOLF. Mr. Speaker, I want to share used the treasury as his bank account and political reasons for going to Congo. with you this informative article from The ruled by allowing supporters and rivals to The Rwandans want to track down the per- Economist magazine that describes the critical feed off the state. If they became too greedy petrators of genocide and either drive them problems facing the Congo and the Great or powerful, he would have them thrown into back to Rwanda or kill them. The success of Lakes region of Africa. The humanitarian crisis prison for a while before being given another the 1996 invasion and American support has post to plunder. On two occasions he encour- made them over-confident. President Yoweri in the Congo is startling as between 1.7±2 mil- aged his unpaid, disgruntled soldiers to sat- Museveni of Uganda also has ambitions big- lion people have died in the past several isfy themselves by looting the cities. He ger than his own country. He wants the econ- months. Thirty percent of those who died were built himself palaces and allowed the roads omy of eastern Congo to link up with East under the age of 5. Clearly, the situation in the the Belgians had built to disintegrate. This Africa, and wants to replicate his own polit- Congo deserves the attention of the West and helped break up Congo into fiefs. When ical system in Congo. The rebel Movement I hope every Member will have an opportunity Mobutu’s rule ended in 1997, the nation state for the Liberation of Congo (MLC) was cre- to read this article. was dead. The only national organisation ated by Uganda, and mimics Mr. Museveni’s was the Catholic church. political analysis and ideology. [From the Economist, Dec. 9, 2000] One of his fiefs was Hutu-ruled Rwanda. On the other side, Mr. Kabila’s allies also IN THE HEART OF DARKNESS Mobutu called its president, Juvenal have domestic reasons for being in Congo. The hefty cargo plane grinds on across Af- Habyarimana, his baby brother. In 1994 Sudan, engaged in a proxy war with Uganda, rica, the deafening monotony of its engines Habyarimana was killed in a plane crash, wanted another way to attack it. Angola never changing. The hold is stuffed with and the rump of his regime carried out geno- wanted to get into Congo to stop its own drums of fuel and crates of ammunition, cide against Rwanda’s Tutsi minority. But, rebel movement, UNITA, from using Congo- spare parts for weapons and medical sup- with Ugandan help, the Tutsis triumphed. lese territory as a supply route and rear plies. Perched among them are a dozen sol- The old Rwandan army and the gangs of kill- base. Namibia got involved because it is in- diers, one of whom is carrying a suitcase full ers fled into Congo, where Mobutu gave them debted to Angola. President Robert Mugabe of dollars. Three young women, one of them shelter and weapons. In 1996 the new Tutsi- of Zimbabwe, jealous of South Africa’s new with a child, crouch among the drums with dominated Rwandan army crossed the border power in southern Africa, wanted to make wrapped-up bundles, a couple of live chick- and attacked the Hutu camps, intending to himself the region’s military leader. Others ens and several bunches of bananas. set up a buffer zone to protect its western loiter in the background: North Korea has The old Russian-made plane is flown by border. The attack worked better than an- sent some 400 soldiers to help train Mr. Ukrainians. They and the plane have been ticipated and the Rwandans, Ugandans and Kabila’s fledgling army and tons of weapons, rented in Kiev by a Greek entrepreneur who their Congolese allies kept walking west- reportedly in exchange for future sales of also deals in coffee, timber and arms. This wards until they took the capital, Kinshasa. copper, cobalt and uranium. time he has hired it out to the Ugandan Mortally ill, Mobutu fled and the Rwandans Many western diplomats and analysts, as army, but it could have been made available installed Laurent Kabila as president. well as most Congolese, suspect that Amer- to any one of the seven national armies at A year later, Mr. Kabila tried to wriggle ica is secretly funding Rwanda and Uganda. war in Congo. His business prospects look out of the control of the Rwandans and State Department officials deny this, but it good. Peace is impossible just now. Ugandans. He allied himself with their en- is hard to see how these poor countries can Below, the forest stretches to the horizon emies, the Hutu militias in eastern Congo. In fight without outside resources. Their mea- in all directions, a vast head of dark trees response they launched another rebellion to gre defence budgets (Uganda’s is allegedly

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