[Congressional Record Volume 140, Number 124 (Thursday, August 25, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CONRAD:
  S. 2422. A bill to amend the Federal Election Campaign Act of 1971 to 
require lobbyists who represent foreign nationals to report to the 
Federal Election Commission contributions made to Federal election 
campaigns and other political committees; to the Committee on Rules and 
Administration.


              The foreign agent and interest reporting act

 Mr. CONRAD. Mr. President, today I introduce the Foreign Agent 
and Interest Reporting Act, FAIR, a bill to require increased 
disclosure of the foreign interests which may be attempting to 
influence policy making within our country.
  This bill amends the Federal Elections Campaign Act to include a 
provision requiring foreign lobbyists, known as registered foreign 
agents, to report to the Federal Elections Commission any contributions 
they make to candidates and political committees. My bill also requires 
that they disclose all foreign interests they represent to the FEC and 
to the candidates that receive their contributions.
  As you know Mr. President, foreign countries and companies spend 
hundreds of millions of dollars per year to hire thousands of 
lobbyists. Foreign lobbying efforts nearly always focus on influencing 
important international trade issues. For example, the Mexican 
Government spent $30 million on lobbyists, media experts, and 
consultants to promote passage of the North American Free Trade 
Agreement. While this massive effort did not influence my position on 
NAFTA, I do have concerns that this extraordinary lobbying effort may 
have influenced the passage of this bill.
  Our Nation has valued the free exercise of speech that is guaranteed 
by our Constitution. The right to free speech includes an individual's 
right to speak out on political issues. However, Mr. President, 
Congress may restrict the speech-oriented activities of foreigners. A 
dilemma arises when U.S. citizens become advocates for foreign 
interests. There are no restrictions for these foreign agents because 
they are also United States citizens.
  There are some things we can do within the Constitution to shed some 
light on the political contributions of those who represent foreign 
interests. There is an old saying, ``Sunlight is the best 
disinfectant.'' I think its time to shed some sunlight on this issue. 
It has been neglected for too long and it is time to bring this issue 
into the open. Congress can ensure that information detailing the 
efforts of foreign lobbyists to influence Federal legislation is 
available to the public. In a democracy, an informed public is the 
greatest weapon against special interests.
  Mr. President, the FAIR act will require full disclosure and 
reporting of political donations by foreign agents. This bill will 
disclose the ability of foreign interests to ``funnel'' funds into 
candidates' committees through a foreign agent.
  There are similar reporting requirements within the Foreign Agents 
Registration Act. Those reports must be submitted to, and violations of 
FARA are determined by the Attorney General. However, I believe my bill 
strengthens the current law by giving the FEC the job of oversight and 
enforcement. The FEC is our first line of defense against unfair 
campaigns.

  By including disclosure and reporting requirements for foreign 
lobbyists within the Federal Elections Campaign Act, violations will be 
pursued and penalties enforced by the FEC. The FEC is able to better 
police and enforce the reporting requirements of foreign agents. If the 
FEC believes a violation was knowing and willful, the civil penalty 
shall not exceed $10,000 or an amount equal to 200 percent of the 
contribution or expenditure, whichever is greater. The FEC may also 
refer violations to the Attorney General for enforcement.
  Mr. President, in addition to the reporting requirement to the FEC, 
this bill requires the foreign lobbyist to disclose the foreign 
interests the lobbyist represents to the political committee receiving 
such contribution.
  My bill also amends the section of the Federal Elections Campaign Act 
to include lobbyists who represent foreign nationals and expands the 
definitions within that section.
  Mr. President, I believe this bill will significantly improve the 
disclosure of foreign interest involvement in our country's political 
process. When this information is readily available, candidates, 
committees, campaigns, and most importantly the public, will make more 
informed choices regarding government. The Foreign Agent and Interest 
Reporting Act takes a much needed step to restoring the public 
confidence in political campaigns and government by making available 
information regarding foreign interest involvement in our political 
process.
  I urge my colleagues to support this bill, and I ask unanimous 
consent that this bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2422

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Foreign Agent and Interest 
     Reporting Act''.

     SEC. 2. REPORTING OF CONTRIBUTIONS TO FEDERAL ELECTION 
                   CAMPAIGNS AND OTHER POLITICAL COMMITTEES BY 
                   LOBBYIST WHO REPRESENT FOREIGN NATIONALS.

       Section 319 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441e) is amended--
       (1) in the heading by adding ``AND LOBBYISTS WHO REPRESENT 
     FOREIGN NATIONALS'' at the end;
       (2) by redesignating subsection (a) as subsection (b);
       (3) by redesignating subsection (b) as subsection (a) and 
     amending that subsection to read as follows:
       ``(a) In this section--
       ``(1) the term `agent of a foreign principal' has the 
     meaning stated in section 1 of the Foreign Agents 
     Registration Act of 1938 (22 U.S.C. 611);
       ``(2) the term `foreign national' means--
       ``(A) a foreign principal, but not including any individual 
     who is a citizen of the United States; or
       ``(B) an individual who is not a citizen of the United 
     States and who is not lawfully admitted for permanent 
     residence (as defined in section 1101(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)); and
       ``(3) the term `foreign principal' has the meaning stated 
     in section 1 of the Foreign Agents Registration Act of 1938 
     (22 U.S.C. 611);''; and
       (4) by adding at the end the following new subsection:
       ``(c) A person who is required to register under the 
     Foreign Agents Registration Act (22 U.S.C. 611 et seq.) who 
     makes a contribution to a political committee shall, within 
     10 days after making the contribution--
       ``(1) file with the Commission a report, in such form as 
     the Commission may require, stating--
       ``(A) the name of the political committee to which the 
     contribution was made;
       ``(B) the amount of the contribution; and
       ``(C) the name of each foreign national--
       ``(i) on behalf of whom or which the person acted as an 
     agent of a foreign national within the 12-month period 
     preceding the date on which the contribution was made; or
       ``(ii) with whom or which the person has an agreement or 
     understanding, as of the date on which the contribution is 
     made, to act as a foreign agent on the foreign national's 
     behalf within the 12-month period following the date on which 
     the contribution was made; and
       ``(2) provide a copy of the report to the political 
     committee.''.
                                 ______

      By Mr. DODD (for himself, Mr. Bingaman, and, Mr. Metzenbaum):
  S. 2423. A bill to amend the provisions of title 17, United States 
Code, to provide for the auction of certain copyrights to financially 
support the National Endowment for the Arts and the National Endowment 
for the Humanities, and for other purposes; to the Committee on the 
Judiciary.


                 the arts endowing the arts act of 1994

 Mr. DODD. Mr. President, I introduce a bill that without 
costing taxpayers one dime would establish a true endowment for the 
National Endowment for the Arts and the National Endowment for the 
Humanities.
  This legislation identifies a new, untapped resource--the extension 
of copyright protection for artistic works--to benefit the arts. In 
essence, today's art would be supporting tomorrow's through a true 
endowment.
  Authors and artists now enjoy exclusive copyright protection for 
their lives plus 50 years. After that period ends, the work enters the 
public domain.
  My bill would extend copyright protection for an additional 20 years. 
The rights to the extra 20 years would be auctioned, with the proceeds 
going to a Federal trust fund to benefit the National Endowment for the 
Arts [NEA] and the National Endowment for the Humanities [NEH].
  In this way, we would establish a new, stable source of funding for 
the arts and humanities, without increasing Government spending.
  This bill is in no way intended to deprive artists and writers of the 
fruits of their labor. It would not change in any way the rights they 
now have.
  Our copyright law is based on a balance between the rights of the 
creator and the rights of the public. Article one of the Constitution 
gives Congress the authority:

       To promote the progress of science and useful arts, by 
     securing for limited times to authors and inventors exclusive 
     right to their respective writings and discoveries.

  This provision of our Constitution ensures that creators receive 
compensation for their work for limited times--and that phrase is a key 
one. The Constitution establishes copyright protection, but it also 
establishes the principle that the protection is not indefinite.
  I see this bill as a realistic and sensible approach to arts funding. 
For the past decade, Federal funding for the arts has suffered through 
numerous cuts and controversies. Yet, I believe national support for 
the arts is crucial. Not only do the arts add substantially to the 
quality of our lives and the lives of all of our communities, they also 
contribute billions annually to the economy. Just in my State of 
Connecticut, it is estimated that the arts contribute nearly $500 
million to the economy each year.
  But we cannot fool ourselves about Federal resources. They are 
limited. And, while I believe most taxpayers support the good work done 
by the NEA and NEH, I also believe that artists feel a special need to 
help protect and promote our artistic heritage. Renewing our commitment 
to the arts requires creative thinking about new ways for us to 
accomplish this goal. That's what this proposal aims to do.
  I first introduced a bill on this topic in 1990. I have heard a 
number of comments and criticisms of the proposal since that time, and 
I have modified the legislation substantially to reflect some of these 
concerns. I plan to continue to solicit ideas and suggestions and work 
with members of the Labor Committee, Judiciary Committee, and others 
interested in arts and copyright law.
  I would like to outline in more detail how this proposal would work. 
The bill would establish a semiannual silent auction for expiring 
registered copyrights. Copyrights successfully bid upon would transfer 
to the highest bidder upon expiration and would be extended by 20 
years. Copyrights not successfully bid upon would enter the public 
domain, as under current law. In this way, we would ensure that at no 
time would the Government possess or hold any copyrights.
  The proceeds of the auction would be deposited into a trust fund 
established by this act. An advisory board would administer the 
activities under this act and make recommendations to Congress and the 
appropriators on how the trust fund should be distributed to the NEA 
and the NEH and how to cover the cost of administering the auction.
  I believe it is critically important that the final say over these 
dollars remain in the hands of the Congress. We have had many debates 
on funding for the arts over the years--and I have participated in most 
of those. While that process has not always been enjoyable and I have 
not always won, I believe continued congressional review and funding is 
critical to ensuring that NEA and NEH spending reflect the priorities 
of the Congress and the Nation.
  The bill would cover works registered with the Copyright Office as 
performing arts, periodicals and serials, sound recordings, non-
dramatic and literacy works, or visual arts.
  The rights of the copyright holder at the time of the auction would 
not be altered in any way. The holder would be able to exercise all 
rights associated with copyright ownership until the date of 
expiration. Those rights would then transfer to the successful bidder. 
In addition, creators' heirs would continue to be allowed non-
commercial use of the work through the fair use doctrine.
  In a time of scarce Federal resources, I see this initiative as a 
means to shore up our support for the arts and humanities in a fresh 
and creative way. I invite my colleagues' input and advice on this 
legislation.
                                 ______

      By Mr. SASSER (for himself and Mr. Mathews):
  S. 2424. A bill to expand the boundaries of the Stones River National 
Battlefield in Tennessee, and for other purposes; to the Committee on 
Energy and Natural Resources.


    the boundary expansion of stones river national battlefield act

 Mr. SASSER. Mr. President, I introduce legislation to protect 
a part of our national heritage. My bill will expand the boundaries of 
Stones River National Battlefield in my home State of Tennessee where a 
key battle in the Civil War was fought.
  Companion legislation has been introduced in the House of 
Representatives by my good friend Bart Gordon. Subcommittee hearings 
have already been held on Congressman Gordon's bill, H.R. 4266.
  Now, I have discussed the historical significance of Stones River 
National Battlefield on previous occasions, but I would like to review 
it briefly because I believe it is important that we remember. It is 
important that we remember the 23,000 soldiers, some in Confederate 
uniforms and some in Union uniforms, who gave their lives on that 
battlefield. It is important that we remember the issues surrounding 
that struggle and it is important that we remember the indelible mark 
it has left on our great country.
  The Stones River Battle, which took place near what is now 
Murfreesboro, TN, was pivotal in the Civil War. As a result of the 
hard-won victory at Stones River, Union forces were able to establish a 
foothold in middle Tennessee which gave them easy access to the 
Nashville and Chattanooga Railroad. The ability of the Union forces to 
locate a supply base at this strategic site may well have influenced 
the outcome of the war. This battle, which was fought in the dead of 
winter between December 31, 1862, and January 2, 1863, was one of the 
bloodiest battles of the war. It resulted in the deaths of 28 percent 
of those who fought in the battle.
  Because of the battlefield's proximity to Murfreesboro--indeed parts 
of the battlefield lie within the city limits--it is increasingly 
threatened by encroaching development and rising real estate prices. Of 
the 3,700 acres that the battle encompassed only a small percentage has 
thus far been preserved.
  The bill I am introducing today, along with my good friend and 
colleague Senator Mathews, would protect land that is vital to 
interpreting Confederate actions on the first day of the battle. The 
Confederates originally surprised and overwhelmed two of the three 
divisions constituting Gen. Alexander McCook's right wing of the Union 
Army. However, Union leaders were able to mount a defense and push back 
the Confederate tide.
  At present, much of the land contained in this boundary expansion is 
open farmland. A dramatic vista opens to the land where the sweeping 
Confederate forces brushed through the crumbling Union forces. It is 
the most dramatic vista on Stones River National Battlefield and 
arguable the best vista on any major Civil War Battlefield.
  Acquisition of this land is crucial to understanding the fateful 
Civil War battle. It will allow visitors to experience the sense of 
scale and perspective that can only be attained by standing on the very 
ground where thousands of Union and Confederate soldiers fought.
  I urge expeditious action on this bill and I hope my Senate 
colleagues will join us in supporting this effort to protect Stones 
River National Battlefield for future generations.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2424

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXPANSION OF BATTLEFIELD.

       The first sentence of section 1(a) of the Act entitled ``An 
     Act to amend the boundaries of Stones River National 
     Battlefield, Tennessee, and for other purposes'', approved 
     December 23, 1987 (16 U.S.C. 426n(a)) is amended by striking 
     out ``numbered 327/80,004B, and dated November 1991'' and 
     inserting in lieu thereof ``numbered 327/80,011, and dated 
     May 1994''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the amendment made by this 
     Act.

  Mr. MATHEWS. Mr. President, I rise as an original cosponsor and 
strong supporter of a bill introduced today by the senior Senator from 
Tennessee, an act to amend the boundaries of Stones River National 
Battlefield, TN.
  The Stones River National Battlefield was the site of a fierce 
midwinter battle, from December 31, 1862, to January 2, 1863. This 
significant battle began the Federal offensive to trisect the 
Confederacy. Adjoining the battlefield is the Stones River National 
Cemetery with 6,831 interments, 2,562 of which are unidentified.
  Mr. President, my fellow Tennesseans and Americans across our country 
who have a keen interest in the history of the Civil War. The lessons 
of our history are of the utmost importance to the young people of our 
country and the preservation of our heritage is a source of pride for 
young and old. The bill introduced today by the senior Senator from 
Tennessee will improve the Stones River National Battlefield thereby 
increasing educational opportunities for the future and preserving the 
memory of those who gave their lives.
  Although this bill is being introduced late in the legislative 
session, I urge my colleagues to work for its rapid consideration and 
approval. Expansion of the boundaries to the Stones River National 
Battlefield will be a greater asset for Tennessee and the United States 
of America.
                                 ______

      By Mr. LAUTENBERG (for himself, Mr. Leahy, Mr. D'Amato, and Mr. 
        Wofford):
  S. 2426. A bill to amend the Housing and Community Development Act of 
1974 to prohibit the Secretary of Housing and Urban Development from 
recapturing, adjusting, withdrawing, or reducing any UDAG funds from 
recipients of UDAG grants, and for other purposes; to the Committee on 
Banking, Housing, and Urban Affairs.


                  the urban development action grants

 Mr. LAUTENBERG. Mr. President, I introduce legislation which 
would extend the Urban Development Action Grant Retention Program and 
waive the ``integrally related activities'' clause. Many projects which 
are essential to the economic development of some of the Nation's 
poorest cities depend on these UDAG funds. If these UDAG funds are 
lost, thousands of jobs and millions of dollars of private investment 
are at-risk of being lost as well.
  Initially, the UDAG Retention Program was due to expire on August 24, 
1994; I am pleased to report that at my and other Senators' request, 
including Senators Bradley, Sasser, Wofford, D'Amato, Levin, Ford, 
Bond, and Thurmond, HUD agreed to extend the deadline until October 17. 
At that time, unless the Congress acts, the U.S. Department of Housing 
and Urban Development will recapture up to $100 million in outstanding 
UDAG funds. Many cities have important and viable projects that depend 
upon these funds. If these funds are recaptured by HUD, these job 
producing projects will be lost, as will the millions of dollars in 
private investment that are part of these projects. Extending the UDAG 
Retention Program and waiving the integrally related requirement is 
vital to the economic health of some of our Nation's poorest cities.
  The UDAG program was initiated in 1978 to assist cities and to 
stimulate economic development activity needed to aid in economic 
recovery. The UDAG program was designed to foster cooperation between 
the public and private sectors and mandated that each public UDAG 
dollar must leverage at least $2.50 in private investments. Successful 
public-private partnerships are essential for the economic rebirth of 
our cities. We should strategically target public dollars in an effort 
to generate a flow of desperately needed private investment. If UDAG 
funds are lost, millions of dollars of vital private investment will be 
lost as well.
  My legislation will enable cities to work with the private sector on 
projects that will create jobs, aid existing businesses and retailers, 
and improve the lives of millions of urban residents. In New Jersey 
alone, these UDAG funds will assist in building an amphitheater, a 
performing arts center, a hotel and convention center, retail shopping 
space, and a senior housing development, to name just a few. 
Recapturing UDAG funds would cause some of the Nation's poorest cities 
to lose millions of dollars in Federal funding, potentially thousands 
of jobs would be lost, and the economic rebirth of these cities will be 
dealt yet another tragic blow.
  Mr. President, these UDAG funds have already been appropriated and 
this bill does not create any new spending. The remaining UDAG projects 
under discussion are in some of the Nation's poorest cities where 
attracting private investment has proven to be a difficult challenge. 
This has caused extensive delays in completing projects. However, the 
mayors of many of these cities are determined to see their efforts to a 
successful conclusion. In many cases, they already have commitments 
from private developers and investors and just need an exemption from 
the ``integrally related activities'' requirement in order to bring the 
project to completion. We must not desert our cities. We must give them 
every opportunity to put this money to work attracting private 
investment and creating jobs. I ask my fellow Senators for their 
support in protecting these essential UDAG funds.

  I ask unanimous consent to have the text of the bill printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2426

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. UDAG RECAPTURES.

       (a) In General.--Section 119(g) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5318(g)) is 
     amended by striking the second sentence and inserting the 
     following: ``Except as provided in section 232(c) of the 
     Multifamily Housing Property Disposition Reform Act of 1994, 
     during the 18-month period beginning on the date on which the 
     UDAG Retention Program authorized by such section expires, 
     the Secretary shall be prohibited from recapturing, 
     adjusting, withdrawing, or reducing any UDAG funds from 
     recipients of UDAG grants. For the duration of the UDAG 
     Retention Program, the Secretary--
       ``(1) shall provide technical assistance to grant 
     recipients to adjust, rework, relocate, refine, redefine, or 
     otherwise revise the original UDAG project description to 
     produce a viable UDAG project in accordance with the 
     requirements of this section; and
       ``(2) shall not impose regulatory requirements that are not 
     statutorily based if such requirements restrict the revision 
     or use of UDAG funding, including any requirement that 
     amendments to an urban development action grant agreement 
     must be for activities that are `integrally related 
     activities' in relation to the approved project.''.
       (b) Extension of Time Period.--Section 119(t) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5318(t)) is amended by striking ``90 days'' each place it 
     appears and inserting ``21 months''.
 Mr. LEAHY. Mr. President, I am pleased to join as an original 
cosponsor to the legislation offered by Senator Lautenberg concerning 
the recapture of unspent Urban Development Action Grant [UDAG] funds by 
the Department of Housing and Urban Development.
  The UDAG Program was particularly well and wisely used by several 
Vermont communities to provide critical ``gap'' funding to ensure the 
success of worthy, job-producing economic development projects that 
otherwise would not have been possible.
  Nowhere in Vermont was UDAG funding more important than in the town 
of Brattleboro. In 1989 a UDAG award--one of the last made under the 
program--allowed Brattleboro's leaders to retain more than 200 jobs at 
the Holstein Association, which was considering a move out of State. 
The project, construction of a new headquarters building by Holstein, 
was successful in several respects, including a cost saving of $238,000 
in UDAG funds resulting from lower than expected development costs--a 
rare phenomenon these days for a major commercial building project.
  Since October of 1993, town of Brattleboro officials have been 
discussing the ultimate disposition of these unspent UDAG funds with 
HUD personnel. The town has concrete plans to invest them in two 
commercial projects, both involving rehabilitation of two once-
productive mill buildings into incubator space for small to medium size 
companies. It is a worthy plan that has attracted both state and 
private investment and complements the economic benefits realized by 
Brattleboro from the Holstein UDAG.
  The town of Brattleboro has twice submitted this plan to HUD--first 
in a preliminary proposal submitted in December of 1993 and then in a 
final proposal dated June 29, 1994, which the Department is now 
considering. However, according to the Department, the plan may not 
strictly meet the Department's regulatory test that requires the new 
proposal to be ``integrally related activities'' to the original 
Holstein UDAG project.
  This concerns me for two reasons. First, the town of Brattleboro's 
proposal involves two bona fide, carefully planned economic development 
projects that have attracted considerable nonfederal investment. And 
second, I can find no statutory basis for the ``integrally related'' 
regulatory requirement that the Department applies as a test to 
proposals of this nature. In fact, the words ``integrally related'' 
appear only once in HUD's regulations and that is within the definition 
of a project.
  The term ``integrally related activities'' is a regulatory test which 
has prevented many communities like Brattleboro from investing unspent 
UDAG funds in job-creating and tax-generating projects. This 
legislation will release unspent UDAG funds to these communities, such 
as Brattleboro, and open the opportunity to invest public funds matched 
with private money in their local economies, as was originally intended 
by the Congress.
  Mr. President, today I join with Senator Lautenberg in sponsoring a 
bill that will resolve the UDAG recapture problem for Brattleboro and 
many other communities around the country. Its time to support their 
efforts to promote economic growth that has been inhibited by this 
nonstatutorily based regulatory requirement.
  The measure will be referred to the Senate Banking Committee. I urge 
my colleagues on the panel to report the legislation as soon as 
possible so that the full Senate can consider and approve this 
important economic development bill.
                                 ______

      By Mr. HEFLIN (for himself, Mr. Cochran, Mr. Pryor, Mr. 
        Durenberger, Ms. Mikulski, Mr. Grassley, Mr. Craig, and Mr. 
        Helms):
  S. 2427. A bill to require the Secretary of Agriculture to offer to 
enter into an agreement with the National Academy of Sciences to 
coordinate the development of recommendations to carry out an improved 
inspection program for meat and poultry products, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.


       THE IMPROVED MEAT AND POULTRY INSPECTION PROGRAM STUDY ACT

  Mr. HEFLIN. Mr. President, today on behalf of Senators Cochran, 
Durenberger, Mikulski, Grassley, Pryor, Craig, Helms, and myself, I 
rise to introduce a bill which would authorize the National Research 
Council's National Academy of Sciences [NAS] to commission a study that 
would, in 6 months, result in a practical blueprint for an improved 
USDA meat and poultry inspection program. By improved, I mean one that 
is scientifically credible, addresses current risks to human health, 
and is acceptable to consumers, taxpayers, public health officials, 
producers, and processors.
  The purpose of this bill is to expedite meat inspection reforms by 
requiring a quick, thoughtful, and practical action plan for the 
Secretary of Agriculture. A modern inspection program should 
concentrate on the health risks of the 1990's, instead of those 
identified in 1906 when inspection first started. The current 
inspection program's institutional lack of focus on modern food safety 
concerns, such as microbiological hazards, threatens to undermine the 
credibility of an important Government program.
  The General Accounting Office [GAO] has stated ``resources that could 
be more effectively used in a risk-based system are drained away by 
labor-intensive inspection procedures and inflexible inspection 
frequencies.'' Both consumers and the regulated industry deserve more 
effective and efficient Government service.
  In the mid-1980's, the National Academy of Sciences [NAS] concluded 
in two separate studies that meat and poultry inspection should be 
converted to control ``hazards at their point of entry into the food 
chain.'' NAS observed that ``controlling, monitoring and verifying 
processing systems are more effective than relying upon end-product 
testing to assure a safe product.'' Yet, in the decade since these NAS 
reports, USDA has not substantially changed inspection.
  The GAO and numerous Senators and Congressmen have urged USDA to 
shift to a modern, risk-based, hazard analysis critical control point 
[HACCP] approach to meat and poultry inspection and to provide 
legislation which would reduce the pathogen problem. Nonetheless, to 
date, neither USDA nor Congress have acted to regulate or enact any 
significant statutory reform of the current system.
  Fine tuning the existing system through evolutionary change is not 
enough; fundamental and revolutionary changes are needed. The NAS can 
provide the forum and guidance necessary to implement such massive 
change, while assuring the public of the continued safety and integrity 
of our Nation's food products.
  In response to the lack of clear direction, I am introducing this 
bill as an alternative approach to bring about prompt inspection 
reform. This bill would require NAS to work with existing outside 
experts, the National Advisory Committee on Meat and Poultry 
Inspection, and the National Advisory Committee on Microbiological 
Criteria for Foods, to produce a blueprint for meat and poultry 
inspection reform.
  Pursuant to this legislation, the NAS would serve primarily as 
technical experts and facilitators. It would be responsible for the 
development in 6 months of an objective report laying out the issues in 
detail and proposing a range of legislative and regulatory options. To 
do this, NAS would provide a venue where all interests would be invited 
to work in a cooperative and constructive manner to review and critique 
these options.
  Final recommendations, legislative or regulatory, for action from a 
neutral, third party, such as NAS, could finally break apart the 
political and bureaucratic logjam has prevented needed reforms.
  I would hope the NAS report would establish a preeminent meat and 
poultry food safety system from farm to table. The improved inspection 
system would focus on preventing and reducing microbiological, 
chemical, and physical hazards that may endanger human health. Congress 
would then have the opportunity to act on the NAS recommendations early 
next year.
  In addition, the NAS would also be required to recommend changes to 
upgrade the current training, education, and management requirements 
for USDA inspectors, including, for example, the role of inspectors in 
monitoring, verifying, and auditing new systems such as HACCP. The 
recommendations would also include a suggested timetable for 
implementing the new inspection system.
  This bill will serve as the fundamental mechanism for moving the 
Government forward after years of delay. Congressman Charlie Stenholm 
has introduced similar legislation, H.R. 4562, in the House.
  I urge my colleagues to join us in cosponsoring this legislation and 
swift enactment.
                                 ______

      By Mr. AKAKA:
  S. 2428. A bill to provide for the management of the airspace over 
the units of the National Park System, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.


           the national parks airspace management act of 1994

 Mr. AKAKA. Mr. President, today I am introducing legislation 
designed to mitigate the impact of aircraft overflights over units of 
the National Park System. The National Parks Airspace Management Act of 
1994 would create a new statutory framework for minimizing the 
environmental effects of air tour activity on park units.
  Briefly, my bill would: Specify the respective authorities of the 
National Park Service and the Federal Aviation Administration [FAA] in 
developing and enforcing park overflight policy; impose a general, 
3,000-foot minimum altitude restriction on commercial air tour and 
military operations throughout the park system; establish a new, single 
standard governing the certification and operation of all commercial 
air tour operators that conduct flights over national parks; establish 
a process for developing individualized airspace management plans at 
parks experiencing significant commercial air tour activity; provide 
for the designation of flight-free parks; require a variety of safety 
measures, such as improved aircraft markings, maintenance of accurate 
aeronautical charts, and installation of flight monitoring equipment; 
and, establish a National Park Overflight Advisory Council.
  As my colleagues are aware, aircraft activity over noise-sensitive 
areas such as national parks has been increasing in scope and intensity 
for a number of years, sparking significant public debate and 
controversy about the safety and environmental impact of overflights. 
The focus of much of the debate, and much of the controversy, has been 
the commercial air tour sightseeing industry, which has experienced 
explosive growth in some areas, most notably at the Grand Canyon and in 
my own State of Hawaii.
  According to a memorandum prepared for a recent House Aviation 
Subcommittee hearing, the air tour industry has become a $500 million 
business nationwide; fully half of that revenue, amounting to 800,000 
passengers annually, is generated in the Grand Canyon area. Likewise, 
local news reports indicate that the Hawaii air tour industry, which is 
centered around tours of Haleakala and Volcanoes National Parks, is 
projecting record numbers of customers and revenues this year--a 
staggering 700,000 passengers and $100 million, respectively.
  But Arizona and Hawaii are not the only States affected. The House 
memorandum I referred to earlier also noted significant activity 
developing in such widely-dispersed locations as Glacier National Park 
in Montana, the Utah national parks, the Alaska national parks, Mount 
Rushmore in South Dakota, and the Statute of Liberty and Niagara Falls 
in New York. In fact, at Great Smoky Mountains National Park, 
commercial air tour overflights have fostered such opposition that 
Tennessee has passed legislation attempting to restrict such flights.

  Thus, the problems that my bill attempts to address are national, not 
merely local, in scope and interest. I would venture to say that every 
Member of this body has, or will soon have, a park in his or her State 
that is impacted, to a greater or lesser degree, by commercial air tour 
operations.
  Mr. President, the legislation I am offering is by no means the first 
attempt to deal with this issue through legislation. In 1987 Congress 
passed the National Parks Overflights Act, Public Law 100-91, which 
established certain flight restrictions at three parks which were 
experiencing heavy air traffic. Flights below-the-rim at Grand Canyon 
were permanently banned and a Special Federal Aviation Regulation 
[SFAR] was established creating flight-free zones and air corridors 
there. Less stringent, temporary altitude restrictions were established 
for Yosemite in California and Haleakala in Hawaii. At Haleakala, all 
helicopters and fixed-wing aircraft were restricted from flying at 
altitudes under 9,500 feet above mean-sea-level over Haleakala Crater 
and other sensitive points.
  In addition, the act mandated a 3-year study to determine appropriate 
minimum altitudes for aircraft overflying national parks. The study was 
supposed to evaluate the impact of aircraft noise on the safety of park 
system users and on park values, and provide recommendations to 
Congress and the administration on ways to mitigate the effects of 
aircraft noise.
  Unfortunately, the minimum altitude restrictions placed on Haleakala, 
Yosemite, and Grand Canyon as well, by Public Law 100-91 have not 
adequately addressed the noise and safety problems there, given the 
explosive growth in air tour activity at these parks. And, of course, 
the act did not provide mitigation measures for other parks 
experiencing high levels of air traffic, such as Hawaii volcanoes. As 
for the park overflights study, which presumably could have provided 
guidance on this matter, it has yet to be completed, and is now 4 years 
overdue.
  Meanwhile, in Hawaii, outcry over low-level aircraft flights impelled 
the FAA, the Park Service, the State, and community groups to convene a 
number of public hearings; all have been characterized by sharp 
differences of opinion between air tour supporters and anti-noise 
proponents. It is the safety issue, however, that has taken center 
stage in my State recently, with two tour helicopters having crashed on 
the same day last July. Tragically, the crash off the island of Kauai 
claimed three lives, including that of the pilot and two passengers. 
According to an article in the Honolulu Star Bulletin, these three 
deaths raise the fatality count from tour aircraft crashes in Hawaii to 
23 since 1992. The FAA has documented 11 accidents in Hawaii in the 
past 6 months which have resulted in serious injuries or fatalities.
  Alarmed by these statistics, the FAA recently advised my office of 
its plans to: Initiate a comprehensive review of operations and 
maintenance practices of the Hawaii air tour industry; issue an 
emergency rulemaking to require that all air tour operators conduct 
operations under Federal Aviation Regulation part 135; and, establish 
minimum altitude, weather, and site ``stand off'' distances to address 
safety and noise considerations of the community. The FAA's ``white 
glove'' inspection has already begun, and the National Transportation 
Safety Board [NTSB] has announced plans to review the commercial air 
tour industry in both Hawaii and the Grand Canyon, with hearings to be 
held in both the Aloha State and Arizona.
  Given the number of accidents and resulting fatalities in the last 
several years, I have welcomed both the FAA's action plan and the NTSB 
review. I also welcomed, and endorsed the well-documented 
recommendations the Board has already made as a result of its 
investigations of air tour accidents in Hawaii. I intend to follow up 
with the FAA on the status of the Board's recommendations, a number of 
which have national implications.
  Aside from safety, it is also time to act on the environmental 
impacts of overflights, with particular emphasis on the noise issue. A 
number of our colleagues, including Congresswoman Patsy Mink, 
Congressman Pat Williams, and Senator John McCain, have authored 
legislation that addresses different aspects of the park overflights 
problem: Congresswoman Mink proposes to regulate airspace over national 
parks in Hawaii; Congressman Williams wishes to establish air tourism 
as a park concession; and, Senator McCain encourages the development of 
quiet aircraft technology. Their leadership on this issue is a major 
reason why the Clinton administration, in sharp contrast to previous 
administrations, has made a good faith effort to address the noise and 
environmental impacts of commercial air tour overflights through 
existing regulatory authorities and mechanisms. The interagency working 
group formed last December by Secretary Babbit and Secretary Pena has 
demonstrated that a measure of cooperation between the FAA and Park 
Service can be achieved in addressing this issue.
  Nevertheless, while I appreciate the administration's sincere efforts 
to address the overflights issue on its own, I believe that only 
Congress, through legislation, can produce lasting, effective policy on 
this matter. The simple truth is, this issue cannot be resolved 
administratively. The FAA and the Park Service, the two agencies with 
the greatest responsibility in this area, are governed by vastly 
different statutory mandates. On the one hand, the FAA is responsible 
for the safety and efficiency of air commerce; on the other, the Park 
Service is charged with protecting and preserving park resources; at 
some point--in this case the regulation of airspace over noise 
sensitive areas--their interests are mutually incompatible. Only by 
changing or clarifying their statutory responsibilities with respect to 
the management of park airspace can they be expected to work together 
to address the overflights problem.

  Mr. President, incompatibility between the FAA and Park Service 
missions is the single most important reason why an effective, long-
term park overflights policy cannot be developed by the administration 
absent statutory guidance from Congress. It explains why there is such 
a sharp division on this issue in the community as well, since both 
proponents and opponents of commercial air tours can call upon their 
agency of choice to support their respective positions.
  Mr. President, the legislation I am proposing today would address 
this and other barriers to the development of a comprehensive park 
overflights policy. My bill deals with the commercial air tour 
overflights issue in a national context, since the safety and 
environmental concerns which are being debated so vociferously in 
Hawaii are being echoed at park units scattered throughout the National 
Park System.
  At the outset, my bill establishes a finding that ``natural quiet'' 
is a park resource which warrants the same protection afforded other 
park resources and values.
  It creates a new statutory framework for minimizing the environmental 
effects of air tour activity on units throughout the National Park 
System, and establishes a 3,000-foot minimum altitude for air tour 
operations over all units of the National Park System, unless a lower, 
or higher, minimum altitude is specified in an agreement for a specific 
park unit among air tour operators, the FAA and the Park Service. In 
addition, a 3,000-foot minimum altitude is established for military 
aircraft, unless otherwise agreed to between the Defense Department and 
the Interior Department.
  The bill articulates a regulatory scheme under which the Park Service 
and the FAA are required to work in tandem to develop operational 
policies with respect to the overflights problem. It provides for joint 
administration in many areas while clearly denoting the FAA's primacy 
on matters related to safety and air efficiency and the Park Service's 
lead role in identifying the resources to be protected and the best 
means of protecting them.
  My legislation requires the FAA to implement a single standard, 
through a new subpart of part 135, title 14, Code of Federal 
Regulations, for certifying commercial air tour operators. Such a 
uniform standard, which has been recommended by the NTSB, will 
substantially enhance safety by providing essential consistency in such 
areas as pilot qualifications, training, and flight and duty time 
limitations.
  It mandates the development by the FAA of a generic operational rule 
for commercial air tour operations at all National Park System units, 
subject to modification at individual park units based on negotiations 
among air tour operators, the FAA, and the Park Service.

  The bill requires the development, with public involvement, of 
individually-tailored park airspace management plans for units 
significantly affected by overflight activity, as determined by the 
Director of the Park Service. It calls for good faith negotiations 
between commercial air tour operators and both the Park Service and the 
FAA to reach agreement on flights over park areas.
  It specifies that the Park Service, in consultation with the FAA and 
with opportunity for public comment, to develop criteria for, and to 
designate, ``flight-free'' parks.
  The legislation invokes a three-tiered ``enforcement'' mechanism--
including voluntary compliance with negotiated agreements, imposition 
of operational rules developed and enforced by FAA, and establishment 
of Special Federal Aviation Regulations developed and enforced by FAA--
in the event that agreement cannot be reached or the impacts of agreed 
upon overflights are greater than anticipated.
  My bill also requires the use of alternative dispute resolution 
procedures to resolve interagency disagreements as well as those 
between commercial air tour operators and the regulatory agencies.
  It mandates commercial air tour safety initiatives recommended by the 
National Transportation Safety Board and others, including the 
installation of a flight monitoring system and the use of 
identification markings unique to a commercial air tour operator, and 
the development of aeronautical charts which reflect airspace 
management provisions with respect to individual park units.
  Last but by no means least, the bill establishes a National Park 
Overflight Advisory Council that would provide advice and 
recommendations to the Park Service and the FAA on all issues related 
to commercial air tour flights over park units, and serve as a national 
forum for interest groups--including representatives of the air tour 
industry and the environmental community--to constructively exchange 
views.
  Mr. President, I believe that the legislation I am offering today 
will minimize the adverse effects of commercial air tour flights on 
park resources as well as on the ground visitor experience, while 
enhancing the safety of such flights. I believe it is a balanced 
measure that, through extensive opportunity for public involvement, 
attempts to accommodate the legitimate concerns of all park users.
  Nevertheless, my bill's central premise is that the 367 park units of 
the National Park System were created because of their exceptional 
natural or cultural significance to the American people. All of the 
provisions of the National Parks Airspace Management Act are therefore 
designed with the protection of park resources as its essential, if not 
exclusive, goal. For it is self-evident that a park whose values have 
been corrupted is a park ultimately not worth visiting, by air or land.
  Mr. President, as the population soars, and we begin to inhabit lands 
that were once free of human intrusion, fewer and fewer places remain 
where we can seek refuge from the demands of civilization and renew our 
spirits in nature. If each park is a cathedral, Mr. President, then we 
in Congress are their deacons. It is therefore up to us, the guardians 
of these supreme natural legacies, to make certain that there will 
always be sanctuaries in this great land of ours where park visitors 
can still hear the cry of the eagle on the wing, the plaintive howl of 
the wolf at sunset, or the wind rustling through a pine forest--places 
where natural quiet, that ineffable, inimitable quality, is the only 
fitting condition.
  Thank you, Mr. President. I ask unanimous consent that a copy of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2428

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Parks Airspace 
     Management Act of 1994''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Air tour flights over units of the National Park System 
     may have adverse effects on such units.
       (2) Congressional concern over the effects of low-level 
     flights on the units of the National Park System led to the 
     enactment of the Act entitled ``An Act to require the 
     Secretary of the Interior to conduct a study to determine the 
     appropriate minimum altitude for aircraft flying over 
     national park system units'', approved August 18, 1987 
     (Public Law 100-91; 101 Stat. 674; 16 U.S.C. 1a-1 note). The 
     Act required the Director to identify problems associated 
     with flights by aircraft in the airspace over the units of 
     the National Park System.
       (3) The number of flights by aircraft over units of the 
     National Park System has increased rapidly since the 
     enactment of the Act, and the National Park Service continues 
     to struggle to develop a policy which would achieve an 
     acceptable balance between flights over such units by 
     commercial air tour operators and the protection of the 
     resources in such units and the experiences of visitors to 
     such units.
       (4) Visitors to certain units of the National Park System 
     may reasonably expect quiet during their visits to such 
     units, particularly visitors to units established with the 
     specific goal of providing visitors to the units with an 
     opportunity for solitude.
       (5) Natural quiet is an inherent resource of certain units 
     of the National Park System. It is in the public interest 
     that natural quiet at such units be conserved in the same 
     manner as other resources under the care and jurisdiction of 
     the National Park Service.
       (6) The public has registered a significant number of 
     complaints about commercial air tour flights over certain 
     areas under the jurisdiction of the National Park Service.
       (7) Such flights may degrade the experiences of visitors to 
     the affected areas and may have adverse effects on wildlife 
     and cultural resources in such areas.
       (8) The Federal Aviation Administration continues to have 
     difficulty controlling adequately commercial air tour flights 
     by aircraft over units of the National Park System that are 
     adversely affected by such flights.
       (9) There are significant and continuing concerns about the 
     safety of commercial air tour flights over some units of the 
     National Park System, including concerns for the safety of 
     occupants of the flights, of visitors to such units, of 
     Federal Government employees at such units, and of the 
     general public.

     SEC. 3. MINIMIZATION OF EFFECTS OF COMMERCIAL AIR TOUR 
                   FLIGHTS OVER UNITS OF THE NATIONAL PARK SYSTEM.

       (a) Prohibition on Flights Below Certain Altitudes.--(1) 
     Notwithstanding any other provision of law and subject to 
     paragraph (2), a commercial air tour operator may not conduct 
     the portion of a commercial air tour flight that takes place 
     over a unit of the National Park System at an altitude that 
     is less than 3,000 feet above ground level.
       (2) The prohibition in paragraph (1) may not be construed 
     to prohibit an agreement among a commercial air tour 
     operator, the Administrator, and the Director which 
     establishes a minimum flight altitude for commercial air tour 
     flights of the operator over a particular unit of the 
     National Park System that differs from the minimum flight 
     altitude set forth in that paragraph.
       (b) Additional Actions To Minimize Effects.--
     Notwithstanding any other provision of law, the Administrator 
     and the Director shall jointly take such actions as the 
     Administrator and the Director determine appropriate in 
     order--
       (1) to determine the most practical and effective means of 
     minimizing the effects of commercial air tour flights over 
     units of the National Park System;
       (2) to implement such means; and
       (3) to conduct periodic training of the employees of the 
     Federal Aviation Administration and the National Park Service 
     on matters relating to the implementation of such means.

     SEC. 4. DEVELOPMENT OF SINGLE STANDARD FOR CERTIFYING 
                   COMMERCIAL AIR TOUR OPERATORS.

       (a) Commencement of Rulemaking.--Not later than 90 days 
     after the date of the enactment of this Act, the 
     Administrator shall initiate formal rulemaking procedures for 
     the purpose of prescribing a new subpart of part 135 of title 
     14, Code of Federal Regulations (relating to air taxi 
     operators and commercial operators), which would specifically 
     cover all commercial air tour operators (as that term will be 
     defined by the Federal Aviation Administration under the 
     subpart) that conduct commercial air tour flights over units 
     of the National Park System.
       (b) Covered Matters.--The subpart prescribed under 
     subsection (a) shall contain regulations that address safety 
     and environmental issues with respect to commercial air tour 
     flights over units of the National Park System. In 
     prescribing the subpart, the Administrator shall attempt to 
     minimize the financial and administrative burdens imposed on 
     commercial air tour operators by such regulations.
       (c) Completion.--The Administrator shall--
       (1) complete prescription of the regulations referred to in 
     subsection (a) not later than the end of the 1-year period 
     beginning on the date of the enactment of this Act; or
       (2) if the Administrator does not complete the prescription 
     by the end of that period, submit to Congress a report at the 
     end of that period which report shall--
       (A) provide an explanation of the failure of the 
     Administrator to complete the prescription within that 
     period; and
       (B) describe the status of the regulations to be 
     prescribed.

     SEC. 5. DEVELOPMENT OF OPERATIONAL RULE FOR COMMERCIAL AIR 
                   TOUR OPERATIONS OVER UNITS OF THE NATIONAL PARK 
                   SYSTEM.

       (a) Requirement.--(1) Except as provided in paragraph (2), 
     the Administrator shall initiate formal rulemaking procedures 
     for the purpose of prescribing a single operational rule 
     which would govern the conduct of fixed-wing and rotorcraft 
     flights by commercial air tour operators over the units of 
     the National Park System. The Administrator shall initiate 
     such procedures not later than 90 days after the date of the 
     enactment of this Act.
       (2) The Administrator may prescribe separate operational 
     rules governing the conduct of flights by fixed-wing aircraft 
     and by rotorcraft if the Administrator determines under 
     subsection (b)(1) that separate rules are warranted.
       (b) Considerations.--In developing an operational rule 
     under subsection (a), the Administrator shall--
       (1) consider whether differences in the characteristics and 
     effects on the environment of fixed-wing aircraft and 
     rotorcraft warrant the development of separate operational 
     rules with respect to such craft;
       (2) provide a mechanism for the Director to recommend 
     individual units or geographically proximate groups of units 
     to be designated as aerial sightseeing areas, as defined by 
     Federal Aviation Administration Handbook 92.01, dated January 
     1992; and
       (3) provide a mechanism for the Director to obtain 
     immediate assistance from the Administrator in resolving 
     issues relating to the use of airspace above units which 
     issues are of a critical, time-sensitive nature.
       (c) Completion.--The Administrator shall--
       (1) complete prescription of the regulations referred to in 
     subsection (a) not later than the end of the 1-year period 
     beginning on the date of the enactment of this Act; or
       (2) if the Administrator does not complete the prescription 
     by the end of that period, submit to Congress a report at the 
     end of that period which report shall--
       (A) provide an explanation for the failure of the 
     Administrator to complete the prescription within that 
     period; and
       (B) describe the status of the regulations to be 
     prescribed.
       (d) Effect on Agreements.--Nothing in this section is 
     intended to preclude the Administrator, the Director, and a 
     commercial air tour operator from entering into an agreement 
     under section 7 (including an agreement under subsection 
     (c)(3) or (d)(1) of that section) on the conduct of air tour 
     flights by the air tour operator over a particular unit of 
     the National Park System under different terms and conditions 
     than those imposed by the operational rule or rules 
     prescribed under this section.

     SEC. 6. FLIGHT-FREE PARKS.

       (a) Designation of Units.--Not later than 1 year after the 
     date of the enactment of this Act, the Director, in 
     consultation with the Administrator, shall--
       (1) prescribe criteria to identify units of the National 
     Park System where air tour flights by commercial air tour 
     aircraft are incompatible with or injurious to the purposes 
     and values for which such units were established;
       (2) identify any units of the National Park System which 
     meet such criteria; and
       (3) designate such units as units of the National Park 
     System covered by this section.
       (b) Requirements relating to criteria.--In prescribing 
     criteria under subsection (a), the Director--
       (1) shall ensure sufficient opportunity for public comment;
       (2) shall give due consideration to the comments and 
     recommendations of the National Park Overflight Advisory 
     Council established under section 10 and of the Federal 
     Interagency Airspace/Natural Resource Coordination Group, or 
     any successor organization to that entity; and
       (3) may utilize the authority to engage in negotiated 
     rulemaking under subchapter III of chapter 5 of title 5, 
     United States Code.
       (c) Effect of Designation.--
       (1) Prohibition.--Except as provided in paragraphs (2) and 
     (3), commercial air tour flights may not be conducted in the 
     airspace over any unit of the National Park System designated 
     under subsection (a)(3).
       (2) Operators conducting flights before 1994.--
       (A) In general.--Subject to subparagraph (B) and paragraph 
     (4), a commercial air tour operator that conducted commercial 
     air tour flights in the airspace over a unit designated under 
     subsection (a)(3) as of December 31, 1993, may continue to 
     conduct flights in that airspace.
       (B) Limitation.--The number of commercial air tour flights 
     over a unit that a commercial air tour operator may conduct 
     under this paragraph in any year after 1994 may not exceed 
     the number of such flights that the operator conducted over 
     the unit during 1993.
       (3) Operators commencing flights after 1993.--
       (A) In general.--Subject to subparagraph (B) and paragraph 
     (4), a commercial air tour operator that commences, during 
     the period beginning on January 1, 1994, and ending on the 
     date of the enactment of this Act, the conduct of commercial 
     air tour flights in the airspace over a unit designated under 
     subsection (a)(3) may continue to conduct flights in that 
     airspace.
       (B) Limitation.--The number of commercial air tour flights 
     over a unit that a commercial air tour operator may conduct 
     under this paragraph in any month after December 1994 may not 
     exceed the average number of flights per month that the 
     operator conducted over the unit during the period referred 
     to in subparagraph (A).
       (4) Effect of sale or discontinuation of operations.--
       (A) Prohibition on sale.--The authority of a commercial air 
     tour operator to conduct commercial air tour flights under 
     paragraph (2) or (3) may not be sold, conveyed, or otherwise 
     transferred.
       (B) Discontinuation.--Upon the discontinuation by a 
     commercial air tour operator of commercial air tour flights 
     over a unit of the National Park System under paragraph (2) 
     or (3), the authority of the air tour operator to conduct 
     such flights over that unit shall terminate.

     SEC. 7. FLIGHTS OVER OTHER UNITS OF THE NATIONAL PARK SYSTEM.

       (a) National Park Airspace Management Plans.--
       (1) In general.--The Director and the Administrator shall 
     establish in accordance with this subsection a plan for the 
     management of the airspace above each unit of the National 
     Park System not designated under section 6 that--
       (A) is affected by commercial air tour flights to such an 
     extent that the Director considers the unit to be a unit 
     requiring an airspace management plan; or
       (B) is a unit over which--
       (i) no commercial air tour flights occurred on or before 
     the date of the enactment of this Act; and
       (ii) a commercial air tour operator proposes to conduct 
     commercial air tour flights after that date.
       (2) Plan purpose.--The purpose of a plan under this 
     subsection is to minimize the adverse effects of commercial 
     air tour flights on the resources of a unit of the National 
     Park System.
       (b) Development of Airspace Management Plans.--
       (1) In general.--
       (A) Affected units.--The Director and the Administrator 
     shall jointly develop a plan for the management of the 
     airspace above a unit of the National Park System referred to 
     in subsection (a)(1)(A) not later than 1 year after the date 
     of the determination by the Director under that subsection 
     that the unit requires such a plan.
       (B) Units subject to proposed operations.--In the case of a 
     unit referred to in subsection (a)(1)(B), the Director and 
     the Administrator shall jointly develop a plan for the 
     management of the airspace over the unit not later than 180 
     days after the date on which a commercial air tour operator 
     first submits to the Director a proposal referred to in that 
     subsection. The proposal shall include any information that 
     the Director and the Administrator consider necessary in 
     order to evaluate fully the proposal.
       (2) Treatment of relevant expertise.--In developing plans 
     under paragraph (1), the Administrator shall defer to the 
     Director in matters relating to the identification and 
     protection of park resources, and the Director shall defer to 
     the Administrator in matters relating to the safe and 
     efficient management of airspace.
       (3) Negotiated rulemaking.--In developing a plan for a 
     unit, the Director and the Administrator shall jointly--
       (A) determine whether the utilization of negotiated 
     rulemaking procedures under subchapter III of chapter 5 of 
     title 5, United States Code, in the development of the plan 
     is in the public interest; and
       (B) if the Director and the Administrator determine that 
     such utilization is in the public interest, develop the plan 
     utilizing procedures for such rulemaking under that 
     subchapter.
       (4) Comment on plans.--In developing a plan for a unit, the 
     Director and the Administrator shall--
       (A) ensure sufficient opportunity for public comment; and
       (B) give due consideration to the comments and 
     recommendations of the National Park Overflight Advisory 
     Council established under section 10 and the Federal 
     Interagency Airspace/Natural Resource Coordination Group, or 
     any successor organization to that entity.
       (5) Resolution of plan inadequacies.--If the Director and 
     the Administrator disagree with respect to any portion of a 
     proposed plan under this subsection, the Director and the 
     Administrator shall refer the proposed plan to the Secretary 
     of the Interior and the Secretary of Transportation who shall 
     jointly resolve the disagreement.
       (6) Assessment of effects of overflights.--The Director and 
     the Administrator may jointly conduct any studies to 
     ascertain the effects of low-level flights of commercial air 
     tour aircraft over units of the National Park System that the 
     Director and the Administrator consider necessary for the 
     development of plans under this subsection.
       (7) Periodic review.--The Director and the Administrator 
     shall periodically review each plan developed under this 
     subsection. The purpose of the review is to ensure that the 
     plan continues to meet the purpose of the plan under this 
     subsection. The Director and the Administrator may revise a 
     plan if they determine based on such review that such 
     revision is advisable.
       (c) Flights Over Units Requiring Management Plans.--
       (1) Flights over units covered by plans.--A commercial air 
     tour operator may not conduct commercial air tour flights in 
     the airspace over a unit of the National Park System covered 
     by an airspace management plan developed under subsection (b) 
     unless the commercial air tour operator enters into an 
     agreement with respect to the conduct of such flights under 
     paragraph (3).
       (2) Flights pending development of plans.--
       (A) Flights by existing operators.--
       (i) In general.--A commercial air tour operator described 
     in clause (ii) may conduct commercial air tour operations in 
     the airspace over a unit described in that clause during the 
     period of the development of an airspace management plan for 
     the unit under this section. The number of such flights 
     during any day in that period may not exceed the average 
     daily number of commercial air tour flights conducted by the 
     air tour operator during the 12-month period ending on the 
     date of the commencement of the development of the plan under 
     this section.
       (ii) Covered operators.--Clause (i) applies to any 
     commercial air tour operator that conducts commercial air 
     tour flights over a unit of the National Park System for 
     which the Director determines under subsection (a) that an 
     airspace management plan is required if the commercial air 
     tour operator conducts such flights over the unit as of the 
     date of that determination.
       (B) Flights by potential operators.--Except as provided in 
     subparagraph (A), a commercial air tour operator may not 
     conduct commercial air tour flights over a unit of the 
     National Park System referred to in clause (ii) of that 
     subparagraph during the period referred to in clause (i) of 
     that subparagraph.
       (3) Agreement.--An agreement referred to in paragraph (1) 
     is an agreement among a commercial air tour operator, the 
     Director, and the Administrator which provides for the 
     application of relevant provisions of the airspace management 
     plan for the unit concerned to the commercial air tour 
     operator entering into the agreement.
       (d) Flight Over Units Not Requiring Management Plans.--
       (1) Requirement for Agreement.--A commercial air tour 
     operator may not conduct commercial air tour flights over a 
     unit of the National Park System for which no airspace 
     management plan is required under this section unless the 
     commercial air tour operator enters into an agreement with 
     the Director and the Administrator relating to the conduct of 
     such flights. The terms and conditions of the agreement 
     shall, to the maximum extent practicable, provide for the 
     conduct of air tour flights by the air tour operator in a 
     manner that minimizes the adverse effect of such air tour 
     flights on the environment of the unit.
       (2) Flights pending agreement.--A commercial air tour 
     operator that conducts commercial air tour flights over a 
     unit referred to in paragraph (1) on the date of the 
     enactment of this Act may continue to conduct such flights 
     during negotiations for the agreement referred to in 
     paragraph (1). The number of such flights during any day in 
     that period may not exceed the average daily number of 
     commercial air tour flights conducted by the air tour 
     operator during the 12-month period ending on the date of the 
     commencement of negotiations for the agreement.
       (e) Resolution of Disputes in Entering into Agreements.--
       (1) Resolution.--In the event of a dispute between a 
     commercial air tour operator and the Director and the 
     Administrator during entry into an agreement under subsection 
     (c) or (d), the Director, the Administrator, and the air tour 
     operator shall attempt to resolve the dispute using the 
     dispute resolution proceedings authorized under subchapter IV 
     of chapter 5 of title 5, United States Code.
       (2) Failure of resolution.--If the Director, the 
     Administrator, and a commercial air tour operator are unable 
     to resolve a dispute referred to in paragraph (1) using the 
     dispute resolution procedures referred to in that paragraph, 
     the Administrator shall prescribe an operational rule for the 
     unit of the National Park System concerned in accordance with 
     subsection (f)(3).
       (f) Oversight.--
       (1) Assessment of effectiveness of agreements.--The 
     Director shall periodically carry out such studies as are 
     necessary to determine if agreements entered into under 
     subsections (c) and (d) are adequate to minimize the adverse 
     effects of commercial air tour flights on the resources of 
     the units of the National Park System covered by such 
     agreements.
       (2) Response to inadequacy.--If the Director determines 
     under paragraph (1) that one or more agreements referred to 
     in that paragraph are inadequate to minimize the effects 
     referred to in that paragraph, the Director shall--
       (A) notify the Administrator and the commercial air tour 
     operator concerned of that determination; and
       (B) attempt to resolve the inadequacy utilizing the dispute 
     resolution procedures authorized under subchapter IV of 
     chapter 5 of title 5, United States Code.
       (3) Additional resolution authority.--
       (A) Operational rule.--If the Director, the Administrator, 
     and a commercial air tour operator are unable to resolve an 
     inadequacy in an agreement utilizing the dispute resolution 
     procedures referred to in paragraph (2)(B), the Administrator 
     shall prescribe an operational rule for the unit concerned. 
     The purpose of the rule shall be to minimize the adverse 
     effects of commercial air tour flights on the resources of 
     the unit concerned.
       (B) Disputes relating to rule.--If the Director determines 
     that the implementation of an operational rule, and the 
     enforcement thereof by the Administrator, is inadequate in 
     whole or in part to minimize the adverse effects of 
     commercial air tour flights on the resources of the unit 
     concerned, the Director shall--
       (i) notify the Administrator and the commercial air tour 
     operator or operators concerned of that determination; and
       (ii) attempt to resolve the inadequacy utilizing the 
     dispute resolution procedures authorized under subchapter IV 
     of chapter 5 of title 5, United States Code.
       (C) Final resolution.--If the Director, the Administrator, 
     and the commercial air tour operator or operators concerned 
     are unable to resolve an inadequacy in an operational rule 
     under subparagraph (B), the Administrator shall develop a 
     Special Federal Aviation Regulation (SFAR) covering the unit 
     concerned.

     SEC. 8. FLIGHTS BY OTHER AIRCRAFT OVER UNITS OF THE NATIONAL 
                   PARK SYSTEM.

       (a) Flight Emergencies.--No provision of this Act shall 
     apply to an aircraft experiencing an in-flight emergency.
       (b) Flights by Military Aircraft.--Notwithstanding any 
     other provision of law, military aircraft may not conduct 
     flights in the airspace over a unit of the National Park 
     System below an altitude that is 3,000 above ground level, 
     except as provided for in a Memorandum of Understanding 
     between the Director and the Secretary of Defense.
       (c) Flights for Commercial Aerial Photography.--
       (1) In general.--An aircraft or rotorcraft engaged in 
     commercial aerial photography may not conduct flights in the 
     airspace over a unit of the National Park Service below an 
     altitude that is 3,000 feet above ground level unless the 
     pilot of the aircraft or rotorcraft receives advance written 
     permission from the appropriate Flight Standards District 
     Office of the Federal Aviation Administration and from the 
     superintendent of the unit of the National Park System 
     concerned.
       (2) Fees.--The superintendents of the units of the National 
     Park System may collect fees from the operators of aircraft 
     and rotorcraft engaged in commercial aerial photography. The 
     fees shall be set at such amount as the Director determines 
     necessary to ensure that the United States will receive fair 
     market value for the use of the area concerned and shall, at 
     a minimum, cover all administrative and other costs of 
     providing necessary services associated with commercial 
     aerial photography at such units.

     SEC. 9. AIRCRAFT SAFETY.

       (a) Aircraft Markings.--
       (1) Requirement.--Each operator of commercial air tour 
     aircraft shall display on each air tour aircraft of the 
     operator the identification marks described in paragraph (2).
       (2) Identification marks.--The identification marks for the 
     aircraft of a commercial air tour operator shall--
       (A) be unique to the operator;
       (B) be not less than 36 inches in length (or a size 
     consistent with the natural configuration of the aircraft 
     fuselage);
       (C) appear on both sides of the air tour aircraft of the 
     air tour operator and on the underside of the aircraft; and
       (D) be applied to the air tour aircraft of the air tour 
     operator in a highly visible color that contrasts sharply 
     with the original base color paint scheme of the aircraft.
       (b) Flight Monitoring Systems.--
       (1) Requirement for study.--Not later than 1 year after the 
     date of the enactment of this Act, the Administrator shall 
     carry out a study of the feasibility and advisability of 
     requiring that aircraft and rotorcraft operating in the 
     airspace over units of the National Park System have onboard 
     an automatic flight tracking system capable of monitoring the 
     altitude and ground position of the aircraft and rotorcraft.
       (2) Installation of flight monitoring system.--If the 
     Administrator determines under the study required under 
     paragraph (1) that the use of automatic flight tracking 
     system in aircraft and rotorcraft is feasible and advisable, 
     then not later than 2 years after the date of the enactment 
     of this Act, each commercial air tour operator that conducts 
     air tour flights in the airspace above a unit of the National 
     Park System shall have an automatic flight tracking system 
     onboard each aircraft and rotorcraft of such air tour 
     operator that conducts such air tour flights.
       (3) Monitoring through systems.--
       (A) Monitoring.--The Director shall ensure that appropriate 
     personnel of the National Park Service monitor the altitude 
     and position of aircraft and rotorcraft, if any, having a 
     system required under paragraph (2) for purposes of 
     determining that the aircraft and rotorcraft comply with all 
     laws, regulations, and agreements on flights in the airspace 
     over units of the National Park System.
       (B) Violations.--The Director shall ensure that personnel 
     referred to in subparagraph (A) report to the Federal 
     Aviation Administration any apparent violations of the laws 
     and regulations referred to in that subparagraph.
       (c) Aeronautical Charts.--The Administrator shall ensure 
     that the boundaries of each unit of the National Park System 
     and the provisions of the airspace management plan, 
     operational rule, or Special Federal Aviation Regulation 
     (SFAR), if any, with respect to each such unit are accurately 
     reflected on aeronautical charts.
       (d) Park Visitor Education.--The Director shall develop 
     educational materials for public distribution on air tour 
     flights over units of the National Park System by commercial 
     air tour operators. Such materials shall include the most 
     common flight patterns and routes of such flights.
       (e) Data Collection.--
       (1) In general.--The Administrator shall collect and 
     publish each year statistical data on commercial air tour 
     flights over the units of the National Park System.
       (2) Requirement for information.--The information collected 
     under paragraph (1) shall include the following:
       (A) The units at which such flights occurred.
       (B) The flight hours flown during such flights.
       (C) The number of passengers carried during such flights.
       (D) The number and type of aircraft safety violations that 
     occurred during such flights.
       (E) The number and type of accidents or other incidents 
     involving air tour aircraft that occurred during such 
     flights.
       (F) The number and type of disciplinary actions, if any, 
     taken against the pilots of such aircraft with respect to 
     such flights.

     SEC. 10. NATIONAL PARK OVERFLIGHT ADVISORY COUNCIL.

       (a) Establishment.--There is hereby established a 
     commission to be known as the National Park Overflight 
     Advisory Council (in this section referred to as the 
     ``Council'').
       (b) Membership.--
       (1) Voting members.--The Council shall be composed of 20 
     voting members appointed jointly by the Director and the 
     Administrator as follows:
       (A) Five representatives of environmental or conservation 
     organizations, citizens' groups, and other groups with 
     similar interests.
       (B) Five representatives of the commercial air tour 
     industry and organizations with similar interests.
       (C) Five individuals from the private sector who--
       (i) have an interest in the effects on the units of the 
     National Park System of commercial air tour flights in the 
     airspace over such units;
       (ii) are not affiliated with the organizations or groups 
     referred to in subparagraph (A) or the industry or 
     organizations referred to in subparagraph (B); and
       (iii) have no substantial financial interest in the 
     management of the airspace over units of the National Park 
     System.
       (D) Five representatives of departments or agencies of the 
     Federal Government (other than individuals associated with 
     the Department of the Interior and the Department of 
     Transportation), with the consent of the head of the 
     department or agency concerned, who have regulatory 
     responsibility over land management matters, airspace 
     management matters, or both.
       (2) Ex officio members.--The Director, or the designee of 
     the Director, and the Administrator, or the designee of the 
     Administrator, shall be ex officio members of the Council.
       (3) Appointment date.--Members of the Council shall be 
     appointed under this subsection not later than 90 days after 
     the date of the enactment of this Act.
       (4) Selection of chair.--The Council shall elect a 
     Chairperson from among the voting members of the Council.
       (5) Meetings.--The Council shall first meet not later than 
     180 days after the date of the enactment of this Act and 
     shall meet thereafter at the call of a majority of the 
     members of the Council.
       (c) Duties.--The Council shall have the following duties:
       (1) To determine the effects on the environment of units of 
     the National Park System of commercial air tour flights in 
     the airspace over such units.
       (2) To determine the economic effects of restrictions or 
     prohibitions on such flights.
       (3) To solicit and receive comments from interested 
     individuals and groups on such flights.
       (4) To develop recommendations for means of reducing the 
     adverse effects of such flights on such units.
       (5) To explore financial and other incentives which could 
     encourage manufacturers to advance the state-of-the-art in 
     quiet aircraft and rotorcraft technology and encourage 
     commercial air tour operators to implement such technology in 
     flights over park units.
       (6) To provide comments and recommendations to the Director 
     and the Administrator under sections 6 and 7.
       (7) To provide advice or recommendations to the Director, 
     the Administrator, and other appropriate individuals and 
     groups on matters relating to such flights.
       (8) To carry out such other activities as the Director and 
     the Administrator jointly consider appropriate.
       (d) Administration.--
       (1) Compensation of non-federal members.--Members of the 
     Council who are not officers or employees of the Federal 
     Government shall serve without compensation for their work on 
     the Council, but shall be allowed travel expenses, including 
     per diem in lieu of subsistence, in the same manner as 
     persons employed intermittently in the Government service 
     under section 5703(b) of title 5, United States Code, to the 
     extent funds are available therefor.
       (2) Compensation of federal members.--Members of the 
     Council who are officers or employees of the Federal 
     Government shall serve without compensation for their work on 
     the Council other than that compensation received in their 
     regular public employment, but shall be allowed travel 
     expenses, including per diem in lieu of subsistence, as 
     authorized by law, to the extent funds are available 
     therefor.
       (3) Administrative support.--The Director and the 
     Administrator shall, to the extent permitted by law, provide 
     the Council with such administrative services, funds, 
     facilities, staff and other support services as may be 
     necessary for the performance of its functions.
       (e) Reports.--The Council shall annually submit to 
     Congress, the Administrator, and the Director a report that--
       (1) describes the activities of the Council under this 
     section during the preceding year; and
       (2) sets forth the findings and recommendations of the 
     Council on matters related to the mitigation of the effects 
     on the units of the National Park System of flights of 
     commercial air tour operators over such units.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the provisions of this section.

     SEC. 11. DEFINITIONS.

       In this Act:
       (1) The term ``Administrator'' means the Administrator of 
     the Federal Aviation Administration.
       (2) The term ``air tour aircraft'' means an aircraft 
     (including a fixed-wing aircraft or a rotorcraft) that makes 
     air tour flights.
       (3) The term ``air tour flight'' means a passenger flight 
     conducted by aircraft (including by fixed-wing aircraft or by 
     rotorcraft) for the purpose of permitting a passenger to the 
     flight to view an area over which the flight occurs.
       (4) Except as defined by the Federal Aviation 
     Administration under section 4, the term ``commercial air 
     tour operator'' means a company, corporation, partnership, 
     individual, or other entity that provides air tour flights 
     for hire to the public.
       (5) The term ``Director'' means the Director of the 
     National Park Service.
                                 ______

      By Mr. AKAKA:
  S. 2429. A bill to amend title 38, United States Code, to establish 
in the Department of Veterans Affairs an Office for Women Veterans and 
an Office for Minority Veterans, and for other purposes; to the 
Committee on Veterans Affairs.


                          veterans legislation

 Mr. AKAKA. Mr. President, I am today introducing legislation 
that would establish an Office for Minority Veterans and an Office for 
Women Veterans within the Department of Veterans Affairs. This bill 
expands on and modifies H.R. 3013, legislation introduced by 
Representative Maxine Waters and recently approved by the House, that 
would create a Center for Women Veterans. My bill also builds on Public 
Law 102-218, which established the position of Chief Minority Affairs 
Officer [CMAO] within the Department.
  Mr. President, women and minority veterans have traditionally been 
VA's stepchildren. VA has historically ignored the unique problems and 
needs of female and minority veterans which arise as a result of race, 
gender, history, geography, culture, or other circumstances. For 
example, native American veterans who live on reservations lack ready 
access to many VA facilities. Asian-Americans have been excluded from 
important medical research, such as research on post-traumatic stress 
disorder, that would have enabled VA to improve treatment for this 
particular group of veterans. Employment training services for Hispanic 
veterans have been hampered by the Department's ignorance of Hispanic 
culture and language. African-Americans, although overrepresented in 
the military, have suffered from higher rates of unemployment and 
homelessness, and filed fewer claims for education and home loan 
benefits, than any other racial group--problems which VA has yet to 
confront adequately. For their part, women veterans have suffered from 
an absence of gender-specific services at VA, such as mammography and 
sexual trauma counseling, even though women have officially 
participated in the Armed Forces since 1901.
  To address these and other concerns, 3 years ago Congress adopted the 
CMAO Act, which provided for the designation of an Assistant Secretary 
of Veterans Affairs who would have overall responsibility for assessing 
the needs of minority and women veterans, and for evaluating VA 
policies, regulations, programs, and other activities as they affect 
such veterans. The underlying purpose of the act was to 
institutionalize concern for minority and women veterans at a high 
policymaking level within the Department. Through the CMAO Act, the 
principal authors of the statute, including the late Senator Spark 
Matsunaga, Rep. Charles Rangel, and myself, hoped to cultivate 
sensitivity to the unique circumstances of minority and female 
veterans, in order that problems specific to such veterans could be 
anticipated and resolved before they occurred or, when discovered, 
addressed in routine, expeditious fashion.
  While a promising concept in theory, in practice the CMAO Act has 
been slow to achieve its high expectations. Although the CMAO position 
was established in December 1991, it was not until 5 months later that 
the function was assigned to the Assistant Secretary for Human 
Resources and Administration. However, since this official was also 
responsible for internal, equal employment opportunity issues, veterans 
and departmental employees alike confused the responsibility of the 
CMAO to promote the interests of minority and women consumers of VA 
services with the responsibility of the Assistant Secretary for Human 
Resources and Administration to protect the employment rights of 
minority VA employees. This confusion diluted the effectiveness, and 
reduced the visibility, of the CMAO position. In addition, no dedicated 
staff resources were provided to support the CMAO in carrying out his 
duties under Public Law 102-218. Consequently, the CMAO function was to 
all intents and purposes moribund during the last administration.

  It was not until the current administration, under the leadership of 
Secretary Jesse Brown, that the CMAO position received the attention 
and priority it deserved. To his credit, a year ago this month, the 
Secretary reassigned the CMAO function to the Assistant Secretary for 
Policy and Planning, to take advantage of that office's statistical and 
planning capabilities. Secretary Brown also administratively authorized 
the establishment of a minority affairs office and a women's program 
office, each staffed by a director and program analyst, to assist the 
CMAO. Unfortunately, early this year, before the new Assistant 
Secretary could fully undertake his new CMAO duties, illness tragically 
took his life. This position remains unfilled to this day, creating a 
leadership vacuum at the minority affairs and women's program offices.
  Today, there are strong indications that the CMAO Act is not 
functioning as intended. In addition to the absence of a permanent 
CMAO, veterans and VA employees alike continue to confuse the consumer 
advocacy role of the CMAO with the equal employment function. Moreover, 
it is increasingly clear that the budget and staffing for the minority 
affairs and women's programs offices are inadequate to support the 
CMAO's broad mandate to evaluate the innumerable policies and programs 
potentially affecting minority and women veterans. Also, travel and 
conference dollars are limited, inhibiting the staff's ability to 
outreach the widely scattered target populations, organize conferences 
and seminars, and generally educate veterans and Department personnel 
with respect to minority and women veterans' needs. Finally, because 
the Assistant Secretary/CMAO lacks operational authority over the 
respective health and benefits administrations, which actually provide 
veterans services and benefits offered by the Department, the 
recommendations of the minority affairs office and the women's programs 
office are not necessarily accorded the weight or priority they deserve 
by field personnel.
  For these and other reasons, I believe that the CMAO function, as 
embodied in the women's programs and minority affairs offices, should 
be elevated from the Assistant Secretary to the secretarial level. 
Under the scheme outlined in this bill, the Secretary would be directly 
responsible for the promotion of minority and women veterans' 
interests, and the respective women and minority veterans offices would 
be established as statutory rather than administrative entities. 
I believe that establishing the minority and women veterans' offices as 
statutory organizations, as well as placing them directly under the 
Secretary, will make it easier to resolve the problems of visibility, 
clout, and, presumably, resources that these offices faced under the 
CMAO.

  To underscore the importance of the minority and women veterans 
offices, to promote their credibility within the agency, and to ensure 
that the offices are led by competent professionals, the bill calls for 
them to be headed by career members of the Senior Executive Service. To 
ensure continuity in operations, the measure also provides for the 
position of Deputy Director.
  To encourage the assignment of adequate resources, the legislation 
requires that detailed budgets for each office be clearly identified in 
the Department's annual budget submission to Congress, together with a 
statement expressing the Secretary's opinion about the adequacy of the 
proposed budget relative to the offices' statutory duties.
  In addition to elevating the two offices, raising the status of the 
Directors, creating Deputy Director positions, and identifying annual 
budgets, the bill also establishes parity between women programs and 
minority programs. Under current law, VA is required to appoint women's 
coordinators at selected VA medical centers to assist women veterans 
seeking care. Also under current law, the concerns of women veterans 
are represented by a statutory advisory committee on women veterans. In 
the interests of equity and organizational simplicity, the legislation 
calls for the designation of minority affairs representatives at each 
regional office and medical center as well as for the establishment of 
an advisory committee on minority veterans.
  Finally, Mr. President, the legislation borrows language from H.R. 
3013, as passed by the House, that improves and expands the original 
CMAO mandate to evaluate and recommend changes in VA policies and 
programs with respect to women and minority veterans. Under the 
proposed bill, the women and minority veterans offices are also 
specifically tasked with disseminating information on, and serving as a 
clearinghouse for, minority and women's issues. In addition, it calls 
for the offices to: conduct social and demographic research on the 
needs of minority and women veterans; assess the adequacy and 
timeliness of VA services provided such veterans; promote the use of 
non-VA veterans programs which may assist minority and women veterans; 
publicize the results of medical research which are of particular 
significance to veterans who are females or minorities; and, encourage 
inclusion of women and minorities in VA research.
  Mr. President, I believe this legislation will significantly enhance 
VA's ability to provide minority and women veterans with equal access 
to the services and benefits available to other veterans. It builds 
logically on legislation I helped draft 3 years ago establishing the 
original CMAO position, which was enacted on a bipartisan basis. I hope 
that the measure I am offering today, which improves upon that 
groundbreaking measure, will again be supported by 
colleagues from both sides of the aisle.
  Mr. President. I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2429

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. OFFICE FOR MINORITY VETERANS.

       (a) In General.--Section 317 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 317. Office for Minority Veterans

       ``(a) There is in the Department an Office for Minority 
     Veterans.
       ``(b)(1) There is at the head of the Office a Director who 
     shall be appointed by the Secretary. The Director shall be a 
     career appointee in the Senior Executive Service. In 
     appointing the Director, the Secretary shall give preference 
     to the appointment of a veteran. The Director shall be 
     appointed for a term of six years and may be reappointed for 
     an additional term.
       ``(2) There is in the Office a Deputy Director who is the 
     principal assistant of the Director. The Deputy Director 
     shall perform such functions as the Director shall prescribe.
       ``(c) The Director reports directly to the Secretary or the 
     Deputy Secretary concerning the activities of the Office.
       ``(d) The Director shall perform the following functions 
     with respect to veterans who are minority group members:
       ``(1) Serve as principal adviser to the Secretary on the 
     adoption and implementation of policies and programs 
     affecting veterans who are minority group members.
       ``(2) Make recommendations to the Secretary, the Under 
     Secretary for Health, the Under Secretary for Benefits, and 
     other Department officials for the establishment or 
     improvement of programs in the Department for which veterans 
     who are minority group members are eligible.
       ``(3) Promote the use of benefits authorized by this title 
     by veterans who are minority group members and the conduct of 
     outreach activities to veterans who are minority group 
     members, in conjunction with outreach activities carried out 
     under chapter 77 of this title.
       ``(4) Disseminate information and serve as a resource 
     center for the exchange of information regarding innovative 
     and successful programs which improve the services available 
     to veterans who are minority group members.
       ``(5) Conduct and sponsor appropriate social and 
     demographic research on the needs of veterans who are 
     minority group members and the extent to which programs 
     authorized under this title meet the needs of those veterans, 
     without regard to any law concerning the collection of 
     information from the public.
       ``(6) Analyze and evaluate complaints made by or on behalf 
     of veterans who are minority group members about the adequacy 
     and timeliness of services provided by the Department and 
     advise the appropriate official of the Department of the 
     results of such analysis or evaluation.
       ``(7) Consult with, and provide assistance and information 
     to, officials responsible for administering Federal, State, 
     local, and private programs that assist veterans, to 
     encourage those officials to adopt policies which promote the 
     use of those programs by veterans who are minority group 
     members.
       ``(8) Advise the Secretary when laws or policies have the 
     effect of discouraging the use of benefits by veterans who 
     are minority group members.
       ``(9) Publicize the results of medical research which are 
     of particular significance to veterans who are minority group 
     members.
       ``(10) Advise the Secretary and other appropriate officials 
     on the effectiveness of the Department's efforts to 
     accomplish the goals of section 492B of the Public Health 
     Service Act (relating to the inclusion of women and 
     minorities in clinical research) and of particular health 
     conditions affecting the health or minority group members 
     which should be studied as part of the Department's medical 
     research program and promote cooperation between the 
     Department and other sponsors of medical research of 
     potential benefit to veterans who are minority group members.
       ``(11) Perform such other duties consistent with this 
     section as the Secretary shall prescribe.
       ``(e) The Secretary shall ensure that the Director is 
     furnished sufficient resources to enable the Director to 
     carry out the functions of the Office in a timely manner.
       ``(f) The Secretary shall include in documents submitted to 
     Congress by the Secretary in support of the President's 
     budget for each fiscal year--
       ``(1) detailed information on the budget for the Office;
       ``(2) the Secretary's opinion as to whether the resources 
     (including the number of employees) proposed in the budget 
     for that fiscal year are adequate to enable the Office to 
     comply with its statutory and regulatory duties; and
       ``(3) a report on the activities and significant 
     accomplishments of the Office during the preceding fiscal 
     year.
       ``(g) In this section, the term `minority group member' 
     means an individual who is--
       ``(1) Asian American;
       ``(2) Black;
       ``(3) Hispanic;
       ``(4) Native American (including American Indian, Alaskan 
     Native, and Native Hawaiian); or
       ``(5) Pacific-Islander American.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by striking out the item 
     relating to section 317 and inserting in lieu thereof the 
     following:

``317. Office for Minority Veterans.''.

     SEC. 2. ADVISORY COMMITTEE ON MINORITY VETERANS.

       (a) Establishment.--Subchapter III of chapter 5 of title 
     38, United States Code, is amended by adding at the end the 
     following:

     ``Sec. 544. Advisory Committee on Minority Veterans

       ``(a)(1) The Secretary shall establish an advisory 
     committee to be known as the Advisory Committee on Minority 
     Veterans (hereinafter in this section referred to as ``the 
     Committee'').
       ``(2)(A) The Committee shall consist of members appointed 
     by the Secretary from the general public, including--
       ``(i) representatives of veterans who are minority group 
     members;
       ``(ii) individuals who are recognized authorities in fields 
     pertinent to the needs of veterans who are minority group 
     members;
       ``(iii) veterans who are minority group members and who 
     have experience in a military theater of operations; and
       ``(iv) veterans who are minority group members and who do 
     not have such experience.
       ``(B) The Committee shall include, as ex officio members--
       ``(i) the Secretary of Labor (or a representative of the 
     Secretary of Labor designated by the Secretary after 
     consultation with the Assistant Secretary of Labor for 
     Veterans' Employment);
       ``(ii) the Secretary of Defense (or a representative of the 
     Secretary of Defense designated by the Secretary of Defense);
       ``(iii) the Secretary of the Interior (or a representative 
     of the Secretary of the Interior designated by the Secretary 
     of the Interior);
       ``(iv) the Secretary of Commerce (or a representative of 
     the Secretary of Commerce designated by the Secretary of 
     Commerce);
       ``(v) the Secretary of Health and Human Services (or a 
     representative of the Secretary of Health and Human Services 
     designated by the Secretary of Health and Human Services); 
     and
       ``(vi) the Under Secretary for Health and the Under 
     Secretary for Benefits, or their designees.
       ``(C) The Secretary may invite representatives of other 
     departments and agencies of the United States to participate 
     in the meetings and other activities of the Committee.
       ``(3) The Secretary shall determine the number, terms of 
     service, and pay and allowances of members of the Committee 
     appointed by the Secretary, except that a term of service of 
     any such member may not exceed three years. The Secretary may 
     reappoint any such member for additional terms of service.
       ``(4) The Committee shall meet as often as the Secretary 
     considers necessary or appropriate, but not less often than 
     twice each fiscal year.
       ``(b) The Secretary shall, on a regular basis, consult with 
     and seek the advice of the Committee with respect to the 
     administration of benefits by the Department for veterans who 
     are minority group members, reports and studies pertaining to 
     such veterans and the needs of such veterans with respect to 
     compensation, health care, rehabilitation, outreach, and 
     other benefits and programs administered by the Department.
       ``(c)(1) Not later than July 1 of each even-numbered year, 
     the Committee shall submit to the Secretary a report on the 
     programs and activities of the Department that pertain to 
     veterans who are minority group members. Each such report 
     shall include--
       ``(A) an assessment of the needs of veterans who are 
     minority group members with respect to compensation, health 
     care, rehabilitation, outreach, and other benefits and 
     programs administered by the Department;
       ``(B) a review of the programs and activities of the 
     Department designed to meet such needs; and
       ``(C) such recommendations (including recommendations for 
     administrative and legislative action) as the Committee 
     considers appropriate.
       ``(2) The Secretary shall, within 60 days after receiving 
     each report under paragraph (1), submit to Congress a copy of 
     the report, together with any comments concerning the report 
     that the Secretary considers appropriate.
       ``(3) The Committee may also submit to the Secretary such 
     other reports and recommendations as the Committee considers 
     appropriate.
       ``(4) The Secretary shall submit with each annual report 
     submitted to the Congress pursuant to section 529 of this 
     title a summary of all reports and recommendations of the 
     Committee submitted to the Secretary since the previous 
     annual report of the Secretary submitted pursuant to such 
     section.
       ``(d) In this section, the term `minority group member' 
     means an individual who is--
       ``(1) Asian American;
       ``(2) Black;
       ``(3) Hispanic;
       ``(4) Native American (including American Indian, Alaskan 
     Native, and Native Hawaiian); or
       ``(5) Pacific-Islander American.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 543 the following new item:

``544. Advisory Committee on Minority Veterans.''.

     SEC. 3. REPRESENTATIVES FOR MINORITY VETERANS AT DEPARTMENT 
                   FACILITIES.

       The Secretary of Veterans Affairs shall designate an 
     appropriate official at each regional office of the 
     Department of Veterans Affairs and at each medical facility 
     of the Department to serve as the minority affairs officer of 
     the Department at the office or facility. The officials shall 
     perform such functions as the Secretary shall prescribe.

     SEC. 4. OFFICE FOR WOMEN VETERANS.

       (a) In General.--(1) Chapter 3 of title 38, United States 
     Code, as amended by section 1(a) of this Act, is further 
     amended by adding at the end the following new section:

     ``Sec. 318. Office for Women Veterans

       ``(a) There is in the Department an Office for Women 
     Veterans.
       ``(b)(1) There is at the head of the Office a Director who 
     shall be appointed by the Secretary. The Director shall be a 
     career appointee in the Senior Executive Service. In 
     appointing the Director, the Secretary shall give preference 
     to the appointment of a veteran. The Director shall be 
     appointed for a term of six years and may be reappointed for 
     an additional term.
       ``(2) There is in the Office a Deputy Director who is the 
     principal assistant of the Director. The Deputy Director 
     shall perform such functions as the Director shall prescribe.
       ``(c) The Director reports directly to the Secretary or the 
     Deputy Secretary concerning the activities of the Office.
       ``(d) The Director shall perform the following functions 
     with respect to veterans who are women:
       ``(1) Serve as principal adviser to the Secretary on the 
     adoption and implementation of policies and programs 
     affecting veterans who are women.
       ``(2) Make recommendations to the Secretary, the Under 
     Secretary for Health, the Under Secretary for Benefits, and 
     other Department officials for the establishment or 
     improvement of programs in the Department for which veterans 
     who are women are eligible.
       ``(3) Promote the use of benefits authorized by this title 
     by veterans who are women and the conduct of outreach 
     activities to veterans who are women, in conjunction with 
     outreach activities carried out under chapter 77 of this 
     title.
       ``(4) Disseminate information and serve as a resource 
     center for the exchange of information regarding innovative 
     and successful programs which improve the services available 
     to veterans who are women.
       ``(5) Conduct and sponsor appropriate social and 
     demographic research on the needs of veterans who are women 
     and the extent to which programs authorized under this title 
     meet the needs of those veterans, without regard to any law 
     concerning the collection of information from the public.
       ``(6) Analyze and evaluate complaints made by or on behalf 
     of veterans who are women about the adequacy and timeliness 
     of services provided by the Department and advise the 
     appropriate official of the Department of the results of such 
     analysis or evaluation.
       ``(7) Consult with, and provide assistance and information 
     to, officials responsible for administering Federal, State, 
     local, and private programs that assist veterans, to 
     encourage those officials to adopt policies which promote the 
     use of those programs by veterans who are women.
       ``(8) Advise the Secretary when laws or policies have the 
     effect of discouraging the use of benefits by veterans who 
     are women.
       ``(9) Publicize the results of medical research which are 
     of particular significance to veterans who are women.
       ``(10) Advise the Secretary and other appropriate officials 
     on the effectiveness of the Department's efforts to 
     accomplish the goals of section 492B of the Public Health 
     Service Act (relating to the inclusion of women and 
     minorities in clinical research) and of particular health 
     conditions affecting womens' health which should be studied 
     as part of the Department's medical research program and 
     promote cooperation between the Department and other sponsors 
     of medical research of potential benefit to veterans who are 
     women.
       ``(11) Provide support and administrative services to the 
     Advisory Committee on Women Veterans established under 
     section 542 of this title.
       ``(12) Perform such other duties consistent with this 
     section as the Secretary shall prescribe.
       ``(e) The Secretary shall ensure that the Director is 
     furnished sufficient resources to enable the Director to 
     carry out the functions of the Office in a timely manner.
       ``(f) The Secretary shall include in documents submitted to 
     Congress by the Secretary in support of the President's 
     budget for each fiscal year--
       ``(1) detailed information on the budget for the Office;
       ``(2) the Secretary's opinion as to whether the resources 
     (including the number of employees) proposed in the budget 
     for that fiscal year are adequate to enable the Office to 
     comply with its statutory and regulatory duties; and
       ``(3) a report on the activities and significant 
     accomplishments of the Office during the preceding fiscal 
     year.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter, as amended by section 1(b) of this 
     Act, is further amended by adding at the end the following 
     new item:

``318. Office for Women Veterans.''.

     SEC. 5. ADVISORY COMMITTEE ON WOMEN VETERANS.

       (a) Members.--Paragraph (2)(A) of section 542(a) of title 
     38, United States Code, is amended--
       (1) by striking out ``and'' at the end of clause (ii);
       (2) by striking out the period at the end of clause (iii) 
     and inserting in lieu a semicolon; and
       (3) by adding at the end the following:
       ``(iii) women veterans who have experience in a military 
     theater of operations; and
       ``(iv) women veterans who do not have such 
     experience.''.

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