[Congressional Record Volume 144, Number 45 (Wednesday, April 22, 1998)]
[Senate]
[Pages S3429-S3442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS OF INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. MOSELEY-BRAUN:
  S. 1965. A bill to prohibit the publication of identifying 
information relating to a minor for criminal sexual purposes; to the 
Committee on the Judiciary.


              the internet predator prevention act of 1998

  Ms. MOSELEY-BRAUN. Mr. President, I am pleased to introduce the 
Internet Predator Prevention Act of 1998. This legislation will give 
much needed protection to the millions of American families with 
children.
  In the past two decades, the Internet has grown dramatically. In 
1981, there were only 213 computers hooked into the Internet. In 
January of last year, it was estimated that 17,753,266 computers were 
wired into the Internet. And the number of web sites has also increased 
significantly in just the last several years: In June of 1993, there 
were only 130 reported web sites. By January 1996, that number had 
grown to more than 100,000. The Congressional Research Service reports 
that studies on the internet have found that 9 million to 47 million 
people are using the Internet each year.
  This enormous new ``cyberworld,'' which crosses state and national 
boundaries as well as race, gender and age barriers, has created a 
plethora of new communities, new business opportunities, and 
unfortunately, new crimes. It seems as if every month, we are hearing 
stories of children who have been exploited and hurt because of 
contacts they have made on the Internet.
  I am struck by two particular incidents that arose in my home state 
of Illinois in just the past year. In August of 1997, I was contacted 
by the mother of a 9-year-old Joilet girl whose name and number had 
been posted on a series of web pages, bulletin boards and chat rooms 
that was designed to attract child molesters. This family only learned 
of the posting when they began to receive illicit phone calls from 
strangers at odd times of the night. A second family from Illinois had 
a similar experience when a stranger began ``logging on'' using their 
10-year-old daughter's name. The child's name and the family's home 
telephone number was posted on the Internet in a chat room for 
pedophiles. These parents were lucky enough to learn that their child's 
name had been posted on one of these sites before their children were 
placed in greater danger.
  Across this nation, there have been numerous other instances in which 
parents have learned that their children's names, addresses, and phone 
numbers have been posted on Web pages, bulletin boards, and chat rooms 
where pedophiles and child molesters lurk.
  This ought to be a crime. No one should be allowed to set a child up 
for a potentially dangerous situation that could have a lasting and 
irrevocable impact. The Internet should serve as a resource and 
learning took, and not a vehicle for exploitation.
  Currently, there are very few state laws that exist that address this 
issue. The few laws that do exist are vague and do not carry the weight 
needed to prosecute pedophiles for their crimes. The quick growth of 
the Internet has made it difficult to control Internet postings and, in 
this case, state and other traditional boundaries cannot and do not 
apply. Often times, a child and his or her exploiter may live in 
different states on different sides of the country. The crime taking 
place, however, is not any less significant than if they were in the 
same room.
  I believe that the Federal government can play an important role in 
stopping child exploitation on the Internet. The federal government has 
the ability to regulate interstate activity and federal law has 
jurisdiction over all 50 states and territories. A federal law will be 
able to navigate the complexity of the issues the Internet raises 
regarding interstate commerce and can be used to prosecute criminals 
regardless of what state the perpetrator lives in.
  Today, I am introducing legislation which I believe will address this 
growing problem. My legislation would make it a crime to post a child's 
name, address, or telephone number on an Internet web site, chat room 
or bulletin board in order to make that child available for criminal 
sexual acts with an adult. This bill uses the least restrictive means 
of regulating against one of the most offensive acts a human being can 
commit toward another: the exploitation of a child.
  I urge all of my colleagues to join me in supporting the quick 
passage of this legislation.
  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. 1965

       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 ``Internet Predator Prevention 
     Act of 1998''.

     SEC. 2. PROHIBITION AND PENALTIES.

       (a) In General.--Chapter 110 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2261. Publication of identifying information relating 
       to a minor for criminal sexual purposes

       ``(a) Definition of Identifying Information Relating to a 
     Minor.--In this section, the term `identifying information 
     relating to a minor' includes the name, address, telephone 
     number, social security number, or e-mail address of a minor.
       ``(b) Prohibition and Penalties.--Whoever, through the use 
     of any facility in or affecting interstate or foreign 
     commerce (including any interactive computer service) 
     publishes, or causes to be published, any identifying 
     information relating to a minor who has not attained the age 
     of 17 years, for the purpose of soliciting any person to 
     engage in any sexual activity for which the person can be 
     charged with criminal offense under Federal or State law, 
     shall be imprisoned not less than 1 and not more than 5 
     years, fined under this title, or both.''.
       (b) Technical Amendment.--The analysis for chapter 110 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``2261. Publication of identifying information relating to a minor for 
              criminal sexual purposes.''.
                                 ______
                                 
      By Mr. FEINGOLD (for himself and Mr. Kohl):
  S. 1966. A bill to direct the Secretary of the Interior to study 
whether the Apostle Islands National Lakeshore should be protected as a 
wilderness area; to the Committee on Energy and Natural Resources.


       THE GAYLORD NELSON APOSTLE ISLANDS STEWARDSHIP ACT OF 1988

  Mr. FEINGOLD. Mr. President, I rise today to introduce ``The Gaylord 
Nelson Apostle Islands Stewardship Act of 1998.'' I am very pleased 
that my senior colleague from Wisconsin joins me as an original author 
of the bill, and also that my colleague in the other body, Congressman 
Obey is joining me in introducing the companion legislation as he 
represents the area of Wisconsin where the Apostle Islands are located.
  Mr. President, on this Earth Day, the 29th Earth Day, I have chosen 
to name this legislation in recognition of the accomplishments of Earth 
Day's founder, a former member of this body and former Governor of my 
state, Gaylord Nelson. Many outside Wisconsin may not know that, in 
addition to founding Earth Day, Senator Nelson was also the primary 
sponsor of the Apostle Islands National Lakeshore Act. That Act, which 
passed in 1970--the same year Earth Day was founded, protects

[[Page S3430]]

one of Northern Wisconsin's most beautiful areas, and it is a place 
where every year my family and I spend our favorite vacation.

  Though Senator Nelson has received many awards, I know that among his 
proudest accomplishments are those bills he crafted which have produced 
real and lasting change in preserving America's lands, such as the 
Apostle Islands.
  The Apostle Islands National Lakeshore includes 21 forested islands 
and 12 miles of pristine shoreline which are among the Great Lakes' 
most spectacular scenery. Centuries of wave action, freezing, and 
thawing have sculpted the shorelines and nature has carved intricate 
caves into the sandstone which forms the islands. Delicate arches, 
vaulted chambers, and hidden passageways honeycomb cliffs on the north 
shore of Devil's Island, Swallow Point on Sand Island, and northeast of 
Cornucopia on the mainland. The Apostle Islands National Lakeshore 
includes more lighthouses than any other coastline of similar size in 
the United States, and is home to diverse wildlife including: black 
bear, bald eagles and deer. It is an important recreational area as 
well. Its campgrounds and acres of forest, make the Apostles a favorite 
destination for hikers, sailors, kayakers, and bikers. The Lakeshore 
also includes the underwater lakebed as well, and scuba divers register 
with the National Park Service to view the area's underwater resources.
  I also know that Senator Nelson, if he were still a member of this 
body, would have been wholeheartedly pursuing the full implementation 
of the ecological vision that Wisconsinites and all Americans share for 
the Lakeshore. Unfortunately, as do many of the lands managed by the 
National Park Service, the Apostle Islands National Lakeshore finds 
itself, now 28 years later, with both some significant financial and 
legal resource needs. If we are to be true stewards of America's public 
lands, we need to be willing to make necessary financial investments 
and management improvements when they are warranted. Thus, I am 
introducing this legislation in an attempt to resolve the unfinished 
business that remains at the Lakeshore, as well as to renew our 
Nation's commitment to this beautiful place.
  Mr. President, the legislation has three major sections. First, it 
directs the Park Service to conduct a wilderness suitability study of 
the Lakeshore as required by the Wilderness Act. The legislation 
authorizes $200,000 for that purpose.
  This study mandate is needed to ensure that we have the appropriate 
level of management at the Apostle Islands National Lakeshore. The 
Wilderness Act and the National Park Service policies require the Park 
Service to conduct an evaluation of the lands it manages for possible 
inclusion in the National Wilderness system. Such a study would result 
in a recommendation to Congress about whether any of the federally-
owned lands currently within the Lakeshore still retain the 
characteristics that would make them suitable to be legally designated 
as wilderness. The Congress would then have an opportunity to review 
such information. If Congress found that such information indicated 
that some of the federal lands within the Lakeshore were in need of 
legal wilderness status, Congress would have to subsequently pass 
legislation to confer such status.
  We need this study, Mr. President because, though 28 years have 
passed, we are not certain whether we are under- or over-managing the 
Lakeshore. During the General Management Planning Process for the 
Lakeshore, which was completed nearly a decade ago in 1989, the need 
for a formal wilderness study was identified. Although a wilderness 
study has been identified as a high priority by the Lakeshore, it has 
never been funded.
  Since 1989, most of the Lakeshore, roughly 80 percent of the acreage, 
is being managed by the Park Service as if it were federally designated 
wilderness. As a protective measure, all lands which might be suitable 
for wilderness designation were zoned to protect any wilderness 
characteristics they may have pending completion of the study. However, 
we may be managing lands as wilderness in the Lakeshore that might, due 
to use patterns, no longer be suitable for wilderness designation. 
Correspondingly, some land area may have become more ecologically 
sensitive and may need additional legal protection.
  Second, this legislation also directs the Park Service to protect the 
historic Raspberry Island and Outer Island lighthouses. The bill 
authorizes $3.9 million for bluff stabilization and other necessary 
actions. There are six lighthouses in the Apostle Island National 
Lakeshore--Sand Island, Devil's Island, Raspberry Island, Outer Island, 
Long Island and Michigan Island. Engineering studies completed for the 
National Park Service have determined that several of these lighthouses 
are in danger of structural damage due to the continued erosion of the 
red clay banks upon which they were built. The situations at Outer 
Island and Raspberry Island, the two which this legislation addresses, 
were determined to be in the most jeopardy.

  The Raspberry Island situation is most critical. The Raspberry Island 
lighthouse was completed in 1863 to mark the west channel through the 
Apostle Islands. The original light was a rectangular frame structure 
surmounted by a square tower that held a lens 40 feet above the ground.
  A fog signal building was added to Raspberry Island in 1902. The red 
brick structure housed a ten-inch steam whistle and a hoisting engine 
for a tramway. The need for additional personnel at the station led to 
a redesign of the lighthouse building in 1906-07. The structure was 
converted to a duplex, housing the keeper and his family in the east 
half, with the two assistant keepers sharing the west half. A 23-
kilowatt, diesel-driven electric generator was installed at the station 
in 1928. The light was automated in 1947 and then moved to a metal 
tower in front of the fog signal building in 1952.
  Raspberry Island light is now the most frequently visited of Apostle 
Islands National Lakeshore's lighthouses. Recent erosion is threatening 
the access tram and the fog signal building.
  The Outer Island light station was built in 1874 on a red clay bluff 
40 feet above Lake Superior. The lighthouse tower stands 90 feet high 
and the watchroom is encircled by an outside walkway and topped by the 
lantern.
  Historic architects have indicated to the Park Service that Outer 
Island lighthouse may already be suffering some structural damage due 
to its location on the bluff and the situation would be much worse if 
Lake Superior were exceedingly high.
  Engineers believe that preservation of these structures requires 
protection of the bluff beneath the lighthouses, stabilization of the 
banks, and dewatering of the area immediately shoreward of the bluffs. 
Although the projects have in the past been included within the Park 
Service-wide construction priorities, they have never been funded.
  Finally, this legislation adds language to the act which created the 
Lakeshore allowing the Park Service to enter into cooperative 
agreements with state, tribal, local governments, universities or other 
non-profit entities to enlist their assistance in managing the 
Lakeshore. Some parks have specific language in the act which created 
the park allowing them to enter into such agreements. Parks have used 
them for activities such as research, historic preservation, and 
emergency services. Apostle Islands currently does not have this 
authority, which this legislation adds.
  Other National Park lands and lands which are managed by the Park 
Service, such as the Lakeshore, have such authority. Adding such 
authority to the Lakeshore will be a way to make Lakeshore management 
resources go farther. The Park Service has the opportunity to carry out 
joint projects with other partners which could contribute to the 
management of the Lakeshore including: state, local, and tribal 
governments, universities, and non-profit groups. Such endeavors would 
have both scientific management and fiscal benefits. In the past, the 
Lakeshore has had to pass over opportunities because the specific 
authority has been absent.
  In his 1969 book on the environment, entitled America's Last Chance, 
Senator Nelson issued a political challenge: ``I have come to the 
conclusion that the number one domestic problem facing this country is 
the threatened destruction of our natural resources

[[Page S3431]]

and the disaster which would confront mankind should such destruction 
occur. There is a real question as to whether the nation, which has 
spent some two hundred years developing an intricate system of local, 
State and Federal Government to deal with the public's problems, will 
be bold, imaginative and flexible enough to meet this supreme test.''
  Though, fortunately, the Apostle Islands are not, because of former 
Senator Nelson's efforts, ``threatened with destruction,'' I believe 
that Senator Nelson meant two things by his challenge. Not only did he 
mean that government must act immediately and decisively to protect 
resources in crisis, but he also meant that government must be 
responsible and flexible enough to remain committed to the protection 
of the areas we wisely seek to preserve under our laws.
  Thus, Mr. President, on this Earth Day I am proud to introduce this 
legislation as a renewal of the federal government's commitment to the 
Apostle Islands National Lakeshore. I look forward to working with my 
colleagues on this legislation.
  I ask unanimous consent that a copy of this legislation be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1966

       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 ``Gaylord Nelson Apostle 
     Islands Stewardship Act of 1998''.

     SEC. 2. GAYLORD NELSON APOSTLE ISLANDS.

       (a) Declarations.--Congress declares that--
       (1) the Apostle Islands National Lakeshore is a national 
     and a Wisconsin treasure;
       (2) the sesquicentennial year of the State of Wisconsin 
     provides an opportunity to reflect on and act to protect 
     important components of the State's ecological and cultural 
     identity, such as the Lakeshore;
       (3) the State of Wisconsin is particularly indebted to 
     former Senator Gaylord Nelson for his leadership in the 
     creation of the Lakeshore;
       (4) after 28 years of enjoyment, some issues critical to 
     maintaining the overall ecological, recreational, and 
     cultural vision of the Lakeshore need additional attention;
       (5) the general management planning process for the 
     Lakeshore has identified a need for a formal wilderness 
     study;
       (6) all lands within the Lakeshore that might be suitable 
     for designation as wilderness are currently zoned and managed 
     to protect wilderness characteristics pending completion of 
     such a study;
       (7) several historic lighthouses within the Lakeshore are 
     currently in danger of structural damage due to severe 
     erosion;
       (8) the Secretary of the Interior has been unable to take 
     full advantage of cooperative agreements with Federal, State, 
     local, and tribal governmental agencies, institutions of 
     higher education, and other nonprofit organizations that 
     could assist the National Park Service by contributing to the 
     management of the Lakeshore;
       (9) because of competing needs in other units of the 
     National Park System, the standard authorizing and budgetary 
     process has not resulted in updated legislative authority and 
     necessary funding for improvements to the Lakeshore; and
       (10) the need for improvements to the Lakeshore and 
     completion of a wilderness study should be accorded a high 
     priority among National Park Service activities.
       (b) Definitions.--In this section:
       (1) Lakeshore.--The term ``Lakeshore'' means the Apostle 
     Islands National Lakeshore.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (c) Wilderness Study.--In fulfillment of the 
     responsibilities of the Secretary under the Wilderness Act 
     (16 U.S.C. 1131 et seq.) and of applicable agency policy, the 
     Secretary shall evaluate areas of land within the Lakeshore 
     for inclusion in the National Wilderness System.
       (d) Apostle Islands Lighthouses.--The Secretary shall 
     undertake appropriate action (including protection of the 
     bluff toe beneath the lighthouses, stabilization of the bank 
     face, and dewatering of the area immediately shoreward of the 
     bluffs) to protect the lighthouse structures at Raspberry 
     Lighthouse and Outer Island Lighthouse within the Lakeshore.
       (e) Cooperative Agreements.--Section 6 of Public Law 91-424 
     (16 U.S.C. 460w-5) is amended--
       (1) by striking ``Sec. 6. The lakeshore'' and inserting the 
     following:

     ``SEC. 6. MANAGEMENT.

       ``(a) In General.--The lakeshore''; and
       (2) by adding at the end the following:
       ``(b) Cooperative Agreements.--The Secretary may enter into 
     a cooperative agreement with a Federal, State, tribal, or 
     local government agency or a nonprofit private entity if the 
     Secretary determines that a cooperative agreement would be 
     beneficial in carrying out section 7.''.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $200,000 to carry out subsection (c); and
       (2) $3,900,000 to carry out subsection (d).
                                 ______
                                 
      By Mr. SARBANES:
  S. 1967. A bill to provide for mass transportation in national parks 
and related public lands; to the Committee on Energy and Natural 
Resources.


                        the transit in parks act

  Mr. SARBANES. Mr. President, today I am introducing new legislation 
to help ease congestion, protect our nation's natural resources, and 
improve mobility and accessibility in our national parks and wildlife 
refuges. The ``Transit In Parks Act'' or TRIP bill is a new federal 
transit grant initiative that is designed to provide mass transit and 
alternative transportation services for our national parks, our 
wildlife refuges, federal recreational areas, and other public lands 
managed by three agencies of the Department of the Interior.
  When the parks first opened in the second half of the nineteenth 
century, visitors arrived by stagecoach along dirt roads. Travel 
through parklands, such as Yosemite or Yellowstone, was difficult and 
long and costly. Not many people could afford or endure such a trip.
  The introduction of the automobile gave every American greater 
mobility and freedom, which included the freedom to travel and see some 
of our nation's great natural wonders. Early in this century landscape 
architects from the National Park Service and highway engineers from 
the U.S. Bureau of Public Roads collaborated to produce many feats of 
road engineering that opened the national park lands to millions of 
Americans.
  Yet greater mobility and easier access now threaten the very 
environments that the National Park Service is mandated to protect. The 
on-going tension between preservation and access has always been a 
challenge for our national park system. Today, record numbers of 
visitors and cars has resulted in increasing damage to our parks. The 
Grand Canyon alone has five million visitors a year. It may surprise 
you to know that the average visitor stay is only three hours. As many 
as 6,000 vehicles arrive in a single summer day. They compete for 2,000 
parking spaces. Between 32,000 and 35,000 tour buses go to the park 
each year. During the peak summer season, the entrance route becomes a 
giant parking lot.
  In the decade from 1984 to 1994, the number of visits to America's 
national parks increased 25 percent, rising from 208 million to 269 
million a year. This is equal to more than one visit by every man, 
woman, and child in this country. This has created an overwhelming 
demand on these areas, resulting in severe traffic congestion, visitor 
restrictions, and in some instances vacationers being shut-out of the 
parks altogether. The environmental damage at the Grand Canyon is 
visible at many other parks: Yosemite, which has more than 4 million 
visitors a year; Yellowstone, which has more than 3 million visitors a 
year and experiences such severe traffic congestion that access has to 
be restricted; Zion; Acadia; Bryce; and many others. We need to solve 
these problems now or risk permanent damage to our nation's natural, 
cultural, and historical heritage.
  The legislation I am introducing builds upon two previous initiatives 
to address these problems. First is the study of alternative 
transportation strategies in our national parks that was mandated by 
the Intermodal Surface Transportation Efficiency Act of 1991, ISTEA. 
This study, completed by the National Park Service in May 1994, found 
that many of our most heavily visited national parks are experiencing 
the same problems of congestion and pollution that afflict our cities 
and metropolitan areas. Yet, overwhelmingly, the principal 
transportation systems that the Federal Government has developed to 
provide access into our national parks are roads primarily for private 
automobile access.
  Second, last November, Secretary of Transportation Rodney Slater and 
Secretary of the Interior Bruce Babbitt signed an agreement to work 
together to address transportation and resource

[[Page S3432]]

management needs in and around national parks. The findings in the 
Memorandum Of Understanding entered into by the two departments are 
especially revealing:

       Congestion in and approaching many National Parks is 
     causing lengthy traffic delays and backups that substantially 
     detract from the visitor experience. Visitors find that many 
     of the National Parks contain significant noise and air 
     pollution, and traffic congestion similar to that found on 
     the city streets they left behind.
       In many National Park units, the capacity of parking 
     facilities at interpretive or science areas is well below 
     demand. As a result, visitors park along roadsides, damaging 
     park resources and subjecting people to hazardous safety 
     conditions as they walk near busy roads to access visitor use 
     areas.
       On occasion, National Park units must close their gates 
     during high visitation periods and turn away the public 
     because the existing infrastructure and transportation 
     systems are at, or beyond, the capacity for which they were 
     designed.

  The challenge for park management is two-fold: to conserve and 
protect the nation's natural, historical, and cultural resources, while 
at the same time ensuring visitor access and enjoyment of these 
sensitive environments.
  The Transit in Parks Act will go far to meeting this challenge. The 
bill's objectives are to develop new and expanded mass transit services 
throughout the national parks and other public lands to conserve and 
protect fragile natural, cultural, and historical resources, to prevent 
adverse impact on those resources, and to reduce pollution and 
congestion, while at the same time facilitating appropriate visitor 
access and improving the visitor experience.

  This new federal transit grant program will provide funding to three 
Federal land management agencies in the Department of the Interior--the 
National Park Service, the U.S. Fish and Wildlife Service, and the 
Bureau of Land Management--that manage the 375 various parks within the 
National Park System, including national battlefields, monuments and 
national seashores, as well as the national wildlife refuges and 
federal recreational areas. The program will allocate capital funds for 
transit projects, including rail or clean fuel bus projects, joint 
development activities, pedestrian and bike paths, or park waterway 
access, within or adjacent to national park lands. The bill authorizes 
$50 million for this new program for each of the fiscal years 1999 
through 2003. It is anticipated that other resources--both public and 
private--will be available to augment these amounts in the initial 
phase.
  The bill formalizes the cooperative arrangement entered into last 
November between the Secretary of Transportation and the Secretary of 
the Interior to exchange technical assistance and to develop procedures 
relating to the planning, selection and funding of transit projects in 
national park lands.
  The projects eligible for funding shall be developed through the 
ISTEA planning process and selected in consultation with the Secretary 
of the Interior. The bill provides funds for planning, research, and 
technical assistance that can supplement other financial resources 
available to the Federal land management agencies.
  It is anticipated that the Secretary of Transportation shall select 
projects that are diverse in location and size. While major national 
parks such as the Grand Canyon or Yellowstone are clearly appropriate 
candidates for significant transit projects under this section, there 
are numerous small urban and rural Federal park lands that can benefit 
enormously from small projects, such as bike paths or improved 
connections with an urban public transit system. Project selection 
should include the following criteria: the historical and cultural 
significance of a project; safety; and the extent to which the project 
would conserve resources, prevent adverse impact, enhance the 
environment, improve mobility, and contribute to livable communities.
  The bill also identifies projects of regional or national 
significance that more closely resemble the Federal transit program's 
New Starts projects. Where the project costs are $25 million or 
greater, the projects shall comply with the transit New Starts 
requirements. No single project shall receive more than 12 percent of 
the total amount available in any given year. This ensures a diversity 
of projects selected for assistance.
  Finally, the bill directs the Secretary of Transportation, in 
coordination with the Secretary of the Interior, to undertake a 
comprehensive study of alternative transportation needs in the national 
parks and other public lands eligible for assistance under this 
program. The objective of this study is to better identify those areas 
with existing and potential problems of congestion and pollution, or 
which can benefit from mass transportation services, and to identify 
and estimate the project costs for these sites.
  This program can create new opportunities for the Federal land 
management agency to partner with local transit agencies in gateway 
communities adjacent to the parks, both through the ISTEA planning 
process and in developing integrated transportation systems. This will 
spur new economic development within these communities, as they develop 
transportation centers for park visitors to connect to transit links 
into the national parks and other public lands.
  The on-going tension between preservation and access has always been 
a challenge for the National Park Service. Today, that challenge has 
new dimensions, with overcrowding, pollution, congestion, and resource 
degradation increasing at many of our national parks. This 
legislation--the Transit in Parks Act--will give our Federal land 
management agencies important new tools to improve both preservation 
and access.
  Just as we have found in metropolitan areas, transit is essential to 
moving large numbers of people in our national parks--quickly, 
efficiently, at low cost, and without adverse impact. At the same time, 
transit can enhance the economic development potential of our gateway 
communities.
  So today, as we celebrate Earth Day and throughout this entire week 
as we mark National Parks Week, I cannot think of a more worthy 
endeavor to help our environment and preserve our national parks, 
wildlife refuges, and federal recreational areas than by encouraging 
alternative transportation in these areas. My bill is strongly 
supported by the American Public Transit Association, the National 
Parks and Conservation Association, the Surface Transportation Policy 
Project, the Natural Resources Defense Council, and the Environmental 
Defense Fund, and I ask unanimous consent that these letters and 
additional supporting material be included in the Record immediately 
following my remarks.
  Mr. President, I urge my colleagues to support this important 
legislation and to recognize the enormous environmental and economic 
benefits that transit can bring to our national parks.
  Mr. President, I ask unanimous consent that the following be printed 
in the Record:
  Text of the Bill;
  Section-by-section summary;
  Washington Post November 26, 1997, article: ``Strict Limits on Cars 
set for 3 National Parks''; and
  Letters of support; from the American Public Transit Association, 
from the National Parks and Conservation Association, Surface 
Transportation Policy Project, Natural Resources Defense Council and 
Environmental Defense Fund.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1967

       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 ``Transit in Parks (TRIP) 
     Act''.

     SEC. 2. MASS TRANSPORTATION IN NATIONAL PARKS AND RELATED 
                   PUBLIC LANDS.

       (a) In General.--Chapter 53 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 5339. Mass transportation in national parks and 
       related public lands

       ``(a) Policies, Findings, and Purposes.--
       ``(1) Development of transportation systems.--It is in the 
     interest of the United States to encourage and promote the 
     development of transportation systems for the betterment of 
     the national parks and other units of the National Park 
     System, national wildlife refuges, recreational areas, and 
     other public lands in order to conserve natural, historical, 
     and cultural resources and prevent adverse impact, relieve 
     congestion, minimize transportation fuel consumption, reduce 
     pollution (including noise and visual pollution), and enhance 
     visitor mobility and accessibility and the visitor 
     experience.

[[Page S3433]]

       ``(2) General findings.--Congress finds that--
       ``(A) section 1050 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240) authorized a 
     study of alternatives for visitor transportation in the 
     National Park System which was released by the National Park 
     Service in May 1994;
       ``(B) the study found that--
       ``(i) increasing traffic congestion in the national parks 
     requires alternative transportation strategies to enhance 
     resource protection and the visitor experience and to reduce 
     congestion;
       ``(ii) visitor use, National Park Service units, and 
     concession facilities require integrated planning; and
       ``(iii) the transportation problems and visitor services 
     require increased coordination with gateway communities;
       ``(C) on November 25, 1997, the Department of 
     Transportation and the Department of the Interior entered 
     into a Memorandum of Understanding to address transportation 
     needs within and adjacent to national parks and to enhance 
     cooperation between the departments on park transportation 
     issues;
       ``(D) to initiate the Memorandum of Understanding, and to 
     implement President Clinton's `Parks for Tomorrow' 
     initiative, outlined on Earth Day, 1996, the Department of 
     Transportation and the Department of the Interior announced, 
     in December 1997, the intention to implement mass 
     transportation services in the Grand Canyon National Park, 
     Zion National Park, and Yosemite National Park;
       ``(E) many of the national parks and related public lands 
     are experiencing increased visitation and congestion and 
     degradation of the natural, historical, and cultural 
     resources;
       ``(F) there is a growing need for new and expanded mass 
     transportation services throughout the national parks and 
     related public lands to conserve and protect fragile natural, 
     historical, and cultural resources, prevent adverse impact on 
     those resources, and reduce pollution and congestion, while 
     at the same time facilitating appropriate visitor mobility 
     and accessibility and improving the visitor experience;
       ``(G) the Federal Transit Administration, through the 
     Department of Transportation, can assist the Federal land 
     management agencies through financial support and technical 
     assistance and further the achievement of national goals to 
     enhance the environment, improve mobility, create more 
     livable communities, conserve energy, and reduce pollution 
     and congestion in all regions of the country; and
       ``(H) immediate financial and technical assistance by the 
     Department of Transportation, working with Federal land 
     management agencies and State and local governmental 
     authorities to develop efficient and coordinated mass 
     transportation systems within and adjacent to national parks 
     and related public lands is essential to conserve natural, 
     historical, and cultural resources, relieve congestion, 
     reduce pollution, improve mobility, and enhance visitor 
     accessibility and the visitor experience.
       ``(3) General purposes.--The purposes of this section are--
       ``(A) to develop a cooperative relationship between the 
     Secretary of Transportation and the Secretary of the Interior 
     to carry out this section;
       ``(B) to encourage the planning and establishment of mass 
     transportation systems and nonmotorized transportation 
     systems needed within and adjacent to national parks and 
     related public lands, located in both urban and rural areas, 
     that enhance resource protection, prevent adverse impacts on 
     those resources, improve visitor mobility and accessibility 
     and the visitor experience, reduce pollution and congestion, 
     conserve energy, and increase coordination with gateway 
     communities.
       ``(C) to assist Federal land management agencies and State 
     and local governmental authorities in financing areawide mass 
     transportation systems to be operated by public or private 
     mass transportation authorities, as determined by local and 
     regional needs, and to encourage public-private partnerships; 
     and
       ``(D) to assist in the research and development of improved 
     mass transportation equipment, facilities, techniques, and 
     methods with the cooperation of public and private companies 
     and other entities engaged in the provision of mass 
     transportation services.
       ``(b) Definitions.--In this section--
       ``(1) the term `Federal land management agency' means the 
     National Park Service, the United States Fish and Wildlife 
     Service, or the Bureau of Land Management;
       ``(2) the term `national parks and related public lands' 
     means the national parks and other units of the National Park 
     System, national wildlife refuges, recreational areas, and 
     other public lands managed by the Federal land management 
     agencies;
       ``(3) the term `qualified participant' means a Federal land 
     management agency, or a State or local governmental 
     authority, acting alone, in partnership, or with another 
     Governmental or nongovernmental participant;
       ``(4) the term `qualified mass transportation project' 
     means a project--
       ``(A) that is carried out within or adjacent to national 
     parks and related public lands; and
       ``(B) that--
       ``(i) is a capital project, as defined in section 
     5302(a)(1) (other than preventive maintenance activities);
       ``(ii) is any activity described in section 5309(a)(1)(A);
       ``(iii) involves the purchase of rolling stock that 
     incorporates clean fuel technology or the replacement of 
     existing buses with clean fuel vehicles or the deployment of 
     mass transportation vehicles that introduce new technology;
       ``(iv) relates to the capital costs of coordinating the 
     Federal land management agency mass transportation systems 
     with other mass transportation systems;
       ``(v) involves nonmotorized transportation systems, 
     including the provision of facilities for pedestrians and 
     bicycles;
       ``(vi) involves the development of waterborne access within 
     or adjacent to national parks and related public lands, 
     including watercraft, as appropriate to and consistent with 
     the purposes described in subsection (a)(3); or
       ``(vii) is any transportation project that--

       ``(I) enhances the environment;
       ``(II) prevents adverse impact on natural resources;
       ``(III) improves Federal land management agency resources 
     management;
       ``(IV) improves visitor mobility and accessibility and the 
     visitor experience;
       ``(V) reduces congestion and pollution, including noise and 
     visual pollution;
       ``(VI) conserves natural, historical, and cultural 
     resources (other than through the rehabilitation or 
     restoration of historic buildings); and
       ``(VII) incorporates private investment; and

       ``(5) the term `Secretary' means the Secretary of 
     Transportation.
       ``(c) Federal Agency Cooperative Arrangements.--
       ``(1) In general.--The Secretary shall develop a 
     cooperative relationship with the Secretary of the Interior, 
     which shall provide for--
       ``(A) the exchange of technical assistance;
       ``(B) interagency and multidisciplinary teams to develop 
     Federal land management agency transportation policy, 
     procedures, and coordination; and
       ``(C) the development of procedures and criteria relating 
     to the planning, selection, and funding of qualified mass 
     transportation projects, and implementation and oversight of 
     the project plan in accordance with the requirements of this 
     section.
       ``(2) Project selection.--The Secretary, after consultation 
     with the Secretary of the Interior, shall determine the final 
     selection and funding of projects in accordance with this 
     section.
       ``(d) Types of Assistance.--
       ``(1) In general.--The Secretary may contract for or enter 
     into grants, cooperative agreements, or other agreements with 
     a qualified participant to carry out a qualified mass 
     transportation project under this section.
       ``(2) Other uses.--A grant or cooperative agreement or 
     other agreement for a qualified mass transportation project 
     under this section also is available to finance the leasing 
     of equipment and facilities for use in mass transportation, 
     subject to regulations the Secretary prescribes limiting the 
     grant or cooperative arrangement or other agreement to 
     leasing arrangements that are more cost effective than 
     purchase or construction.
       ``(e) Limitation on Use of Available Amounts.--The 
     Secretary may not use more than 5 percent of the amount made 
     available for a fiscal year under section 5338(m) to carry 
     out planning, research, and technical assistance under this 
     section, including the development of technology appropriate 
     for use in a qualified mass transportation project. Amounts 
     made available under this subsection are in addition to 
     amounts otherwise available for planning, research, and 
     technical assistance under this title or any other provision 
     of law.
       ``(f) Planning Process.--In undertaking a qualified mass 
     transportation project under this section--
       ``(1) if the qualified participant is a Federal land 
     management agency--
       ``(A) the Secretary, in cooperation with the Secretary of 
     the Interior, shall develop transportation planning 
     procedures that are consistent with sections 5303 through 
     5306; and
       ``(B) the General Management Plans of the units of the 
     National Park System shall be incorporated into the planning 
     process;
       ``(2) if the qualified participant is a State or local 
     governmental authority, or more than 1 State or local 
     governmental authority in more than 1 State, the qualified 
     participant shall comply with sections 5303 through 5306;
       ``(3) if the national parks and related public lands at 
     issue lie in multiple States, there shall be cooperation in 
     the planning process under sections 5303 through 5306, to the 
     maximum extent practicable, as determined by the Secretary, 
     between those States and the Secretary of the Interior; and
       ``(4) the qualified participant shall comply with the 
     public participation requirements of section 5307(c).
       ``(g) Government's Share of Costs.--
       ``(1) In general.--The Secretary shall establish the 
     Federal Government share of assistance to a qualified 
     participant under this section.
       ``(2) Considerations.--In establishing the Government's 
     share of the net costs of a qualified transportation project 
     under paragraph (1), the Secretary shall consider--

[[Page S3434]]

       ``(A) visitation levels and the revenue derived from user 
     fees in the national parks and related public lands at issue;
       ``(B) the extent to which the qualified participant 
     coordinates with an existing public or private mass 
     transportation authority;
       ``(C) private investment in the qualified mass 
     transportation project, including the provision of contract 
     services, joint development activities, and the use of 
     innovative financing mechanisms;
       ``(D) the clear and direct benefit to a qualified 
     participant assisted under this section; and
       ``(E) any other matters that the Secretary considers 
     appropriate to carry out this section.
       ``(3) Non-federal share.--Notwithstanding any other 
     provision of law, Federal funds appropriated to any Federal 
     land management agency may be counted toward the non-Federal 
     share of the costs of any mass transportation project that is 
     eligible for assistance under this section.
       ``(h) Selection of Qualified Mass Transportation 
     Projects.--In awarding assistance for a qualified mass 
     transportation project under this section, the Secretary 
     shall consider--
       ``(1) project justification, including the extent to which 
     the project would conserve the resources, prevent adverse 
     impact, and enhance the environment;
       ``(2) the location of the qualified mass transportation 
     project, to assure that the selection of projects--
       ``(A) is geographically diverse nationwide; and
       ``(B) encompasses both urban and rural areas;
       ``(3) the size of the qualified mass transportation 
     project, to assure a balanced distribution;
       ``(4) historical and cultural significance of a project;
       ``(5) safety;
       ``(6) the extent to which the project would enhance livable 
     communities;
       ``(7) the extent to which the project would reduce 
     pollution, including noise and visual pollution;
       ``(8) the extent to which the project would reduce 
     congestion and improve the mobility of people in the most 
     efficient manner; and
       ``(9) any other matters that the Secretary considers 
     appropriate to carry out this section.
       ``(i) Projects of Regional or National Significance.--
       ``(1) General authority.--In addition to other qualified 
     mass transportation projects, the Secretary may select a 
     qualified mass transportation project that is of regional or 
     national significance, or that has significant visitation, or 
     that can benefit from alternative transportation solutions to 
     problems of resource management, pollution, congestion, 
     mobility, and accessibility. Such projects shall meet the 
     criteria set forth in paragraphs (2) through (5) of section 
     5309(e), as applicable.
       ``(2) Project selection criteria.--
       ``(A) Considerations.--In selecting a qualified mass 
     transportation project described in paragraph (1), the 
     Secretary shall consider, as appropriate, in addition to the 
     considerations set forth in subsection (h)--
       ``(i) visitation levels;
       ``(ii) the use of innovative financing or joint development 
     strategies;
       ``(iii) coordination with the gateway communities; and
       ``(iv) any other matters that the Secretary considers 
     appropriate to carry out this subsection.
       ``(B) Certain locations.--For fiscal years 1999 through 
     2003, projects described in paragraph (1) may include the 
     following locations:
       ``(i) Grand Canyon National Park.
       ``(ii) Zion National Park.
       ``(iii) Yosemite National Park.
       ``(iv) Acadia National Park.
       ``(C) Limit.--No project assisted under this subsection 
     shall receive more than 12 percent of the total amount made 
     available under this section in any fiscal year.
       ``(D) Full funding grant agreements.--A project assisted 
     under this subsection whose net project cost is greater than 
     $25,000,000 shall be carried out through a full funding grant 
     agreement in accordance with section 5309(g).
       ``(j) Undertaking Projects in Advance.--
       ``(1) In general.--The Secretary may pay the Government's 
     share of the net project cost to a qualified participant that 
     carries out any part of a qualified mass transportation 
     project without assistance under this section, and according 
     to all applicable procedures and requirements, if--
       ``(A) the qualified participant applies for the payment;
       ``(B) the Secretary approves the payment; and
       ``(C) before carrying out that part of the project, the 
     Secretary approves the plans and specifications in the same 
     way as other projects assisted under this chapter.
       ``(2) Interest.--The cost of carrying out a part of a 
     project referred to in paragraph (1) includes the amount of 
     interest earned and payable on bonds issued by the State or 
     local governmental authority, to the extent proceeds of the 
     bond are expended in carrying out that part. However, the 
     amount of interest under this paragraph may not exceed the 
     most favorable interest terms reasonably available for the 
     project at the time of borrowing. The applicant shall 
     certify, in a manner that is satisfactory to the Secretary, 
     that the applicant has shown reasonable diligence in seeking 
     the most favorable financial terms.
       ``(3) Cost change considerations.--The Secretary shall 
     consider changes in project cost indices when determining the 
     estimated cost under paragraph (2).
       ``(k) Project Management Oversight.--The Secretary may use 
     not more than 0.5 percent of amounts made available under 
     this section for a fiscal year to oversee projects and 
     participants in accordance with section 5327.
       ``(l) Relationship to Other Laws.--
       ``(1) In general.--Except as otherwise specifically 
     provided in this section, but subject to paragraph (2) of 
     this subsection, the Secretary shall require that all grants, 
     contracts, cooperative agreements, or other agreements under 
     this section shall be subject to the requirements of sections 
     5307(d), 5307(i), and any other terms, conditions, 
     requirements, and provisions that the Secretary determines 
     are necessary or appropriate to carry out this section, 
     including requirements for the distribution of proceeds on 
     disposition of real property and equipment resulting from the 
     project assisted under this section.
       ``(2) Labor standards.--Sections 5323(a)(1)(D) and 5333(b) 
     apply to assistance provided under this section.
       ``(m) State Infrastructure Banks.--A project assisted under 
     this section shall be eligible for funding through a State 
     Infrastructure Bank or other innovative financing mechanism 
     otherwise available to finance an eligible mass 
     transportation project under this chapter.
       ``(n) Asset Management.---The Secretary may transfer the 
     Department of Transportation interest in and control over all 
     facilities and equipment acquired under this section to a 
     qualified participant for use and disposition in accordance 
     with property management rules and regulations of the 
     department, agency, or instrumentality of the Federal 
     Government.
       ``(o) Coordination of Research and Deployment of New 
     Technologies.--The Secretary may undertake, or make grants or 
     contracts (including agreements with departments, agencies, 
     and instrumentalities of the Federal Government) or other 
     agreements for research, development, and deployment of new 
     technologies that will conserve resources and prevent adverse 
     environmental impact, improve visitor mobility, accessibility 
     and enjoyment, and reduce pollution, including noise and 
     visual pollution, in the national parks and related public 
     lands. The Secretary may request and receive appropriate 
     information from any source. This subsection does not limit 
     the authority of the Secretary under any other provision of 
     law.
       ``(p) Report.--The Secretary, in consultation with the 
     Secretary of the Interior, shall report annually to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and to the Committee on Banking, Housing, 
     and Urban Affairs of the Senate, on the allocation of amounts 
     to be made available to assist qualified mass transportation 
     projects under this section. Such report shall be included in 
     the report required under section 5309(m)(3).
       ``(q) Study of Transit Needs in National Parks and Related 
     Public Lands.--
       ``(1) In general.--The Secretary, in coordination with the 
     Secretary of the Interior, shall undertake a comprehensive 
     study of alternative transportation needs in national parks 
     and related public lands managed by Federal land management 
     agencies. The study shall be submitted to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate not later than January 1, 2000.
       ``(2) Study elements.--The study required by paragraph (1) 
     shall--
       ``(A) identify transportation strategies that improve the 
     management of the national parks and related public lands;
       ``(B) identify national parks and related public lands with 
     existing and potential problems of adverse impact, high 
     congestion, and pollution, or which can benefit from 
     alternative transportation modes;
       ``(C) assess the feasibility of alternative transportation 
     modes; and
       ``(D) identify and estimate the costs of alternative 
     transportation modes for each of the national parks and 
     related public lands referred to in paragraph (1).
       ``(3) Funding.--From amounts made available under section 
     5338(m), $500,000 shall be made available in fiscal year 1999 
     to carry out this subsection.''.
       (b) Authorizations.--Section 5338 of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(m) Section 5339.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out section 5339 $50,000,000 for each of fiscal 
     years 1999 through 2003.
       ``(2) Availability.--Amounts made available under this 
     subsection for any fiscal year shall remain available until 
     expended until the last day of the third fiscal year 
     commencing after the last day of the fiscal year for which 
     the amounts were initially made available under this 
     subsection.''.
       (c) Conforming Amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended by adding at the end 
     the following:

``5339. Mass transportation in national parks and related public 
              lands.''.

[[Page S3435]]

                Section-by-Section--Transit in Parks Act

       I. Amends Federal Transit laws by adding new section 5339, 
     ``Mass Transportation in National Parks and Related Public 
     Lands.''
       II. Statement of Policies, Findings, and Purposes:
       To encourage and promote the development of transportation 
     systems for the betterment of national parks and related 
     public lands and to conserve natural, historical, and 
     cultural resources and prevent adverse impact, relieve 
     congestion, minimize transportation fuel consumption, reduce 
     pollution and enhance visitor mobility and accessibility and 
     the visitor experience.
       To that end, this program establishes federal assistance to 
     certain Federal land management agencies and State and local 
     governmental authorities to finance mass transportation 
     capital projects, to encourage public-private partnerships, 
     and to assist in the research and deployment of improved mass 
     transportation equipment and methods.
       III. Definitions:
       (1) eligible ``Federal land management agencies'' are: 
     National Park Service, U.S. Fish and Wildlife Service, Bureau 
     of Land Management (all under Department of the Interior).
       (2) ``national parks and related public lands''; eligible 
     areas under the management of these agencies.
       (3) ``qualified mass transportation project''; a capital 
     mass transportation project carried out within or adjacent to 
     national parks and related public lands, including rail 
     projects, clean fuel vehicles, joint development activities, 
     pedestrian and bike paths, waterborne access, or projects 
     that otherwise better protect the national parks and related 
     public lands and increase visitor mobility and accessibility.
       IV. Federal Agency Cooperative Arrangements:
       Implements the Memorandum of Understanding between the 
     Departments of Transportation and the Interior for the 
     exchange of technical assistance, the development of 
     transportation policy and coordination, and the establishment 
     of criteria for planning, selection and funding of capital 
     projects under this section. The Secretary of Transportation 
     selects the projects, after consultation with Secretary of 
     the Interior.
       V. Assistance:
       To be provided through grants, cooperative agreements, or 
     other agreements, including leasing under certain conditions, 
     for an eligible capital project under this section. Not more 
     than 5% of the amounts available can be used for planning, 
     research and technical assistance, and these amounts can be 
     supplemented from other sources.
       VI. Planning Process:
       The Departments of Transportation and Interior shall 
     cooperatively develop a planning process consistent with the 
     ISTEA planning process in sections 5305 through 5306 of the 
     Federal Transit laws.
       VII. Government's Share of the Costs:
       In determining the Federal Transit Administration share of 
     the project costs, the Secretary of Transportation must 
     consider certain factors, including visitation levels and 
     user fee revenues, the coordination in the project 
     development with a public or private transit authority, 
     private investment, and whether there is a clear and direct 
     financial benefit to the applicant. The intent is to 
     establish criteria for a sliding scale of assistance, with a 
     lower Government share for large projects that can attract 
     outside investment, and a higher Government share for 
     projects that may not have access to such outside resources. 
     In addition, funds from the Federal land management agencies 
     can be counted as the local share.
       VIII. Selection of Projects:
       The Secretary shall consider: (1) project justification, 
     including the extent to which the project conserves the 
     resources, prevents adverse impact and enhances the 
     environment; (2) project location to ensure geographic 
     diversity and both rural and urban projects; (3) project size 
     for a balanced distribution; (4) historical and cultural 
     significance; (5) safety; (6) the extent to which the project 
     would enhance livable communities; (7) the reduction of 
     pollution, including noise and visual pollution; (8) the 
     reduction of congestion and the improvement of the mobility 
     of people in the most efficient manner; and (9) any other 
     considerations the Secretary deems appropriate. Projects 
     funded under this section must meet certain transit law 
     requirements.
       IX. Projects of Regional or National Significance
       This is a special category that sets forth criteria for 
     special, generally larger, projects or for those areas that 
     may have problems of resource management, pollution, 
     congestion, mobility, and accessibility that can be addressed 
     by this program. Additional project selection criteria 
     include: visitation levels; the use of innovative financing 
     or joint development strategies; coordination with the 
     gateway communities; and any other considerations the 
     Secretary deems appropriate. Projects under this section must 
     meet certain Federal Transit New Starts criteria. This 
     section identifies some locations that may fit these 
     criteria. Any project in this category that is $25 million or 
     greater in cost will have a full funding grant agreement 
     similar to Federal Transit New Starts projects. No project 
     can receive more than 12% of the total amount available in 
     any given year.
       X. Undertaking Projects in Advance:
       This provision applies current transit law to this section, 
     allowing projects to advance prior to receiving Federal 
     funding, but allowing the advance activities to be counted so 
     the local share as long as certain conditions are met.
       IX. Project Management Oversight:
       This provision applies current transit law to this section, 
     limiting oversight funds to 0.5% per year of the funds made 
     available for this section.
       XII. Relationship to Other Laws:
       This provision applies certain transit laws to all projects 
     funded under this section and permits the Secretary to apply 
     any other terms or conditions he deems appropriate.
       XIII. State Infrastructure Banks:
       A project assisted under this section can also use funding 
     from a State Infrastructure Bank or other innovative 
     financing mechanism that funds eligible transit projects.
       XIV. Asset Management:
       This provision permits the Secretary of Transportation to 
     transfer control over a transit asset acquired with Federal 
     funds under this section in accord with certain Federal 
     property management rules.
       XV. Coordination of Research and Deployment of New 
     Technologies:
       This provision allows grants for research and deployment of 
     new technologies to meet the special needs of the national 
     park lands.
       XVI. Report:
       This requires the Secretary of Transportation to submit a 
     report on projects funded under this section to the House 
     Transportation and Infrastructure Committee and the Senate 
     Banking, Housing, and Urban Affairs Committee, to be included 
     in the Department's annual project report.
       XVII. Study of Transit Needs in National Park Lands:
       This authorizes $500,000 for a comprehensive study of 
     alternative transportation needs in national parks and 
     related public lands to be completed by January 1, 2000, and 
     specifies the study elements.
       XVIII. Authorization:
       $50,000,000 is authorized to be appropriated for the 
     Secretary to carry out this program for each of the fiscal 
     years 1999 through 2003.
                                                                    ____


               [From the Washington Post, Nov. 26, 1997]

Strict Limits on Cars Set for 3 National Parks--Rail and Bus Systems To 
                           Ease Traffic Jams

                           (By Joby Warrick)

       The Clinton administration is imposing a virtual ban on 
     cars in busy sections of the Grand Canyon and two other 
     national parks as part of a strategy to ease the traffic jams 
     that have tarnished America's most spectacular natural 
     attractions.
       Interior Secretary Bruce Babbitt and Transportation 
     Secretary Rodney E. Slater yesterday jointly announced plans 
     for mass transit systems that will dramatically change the 
     way most visitors experience the Grand Canyon, Yosemite 
     National Park in California and Zion National Park in 
     southwestern Utah. The plans call for ripping up roads and 
     dozens of acres of existing parking lots and using buses and 
     trains to ferry tourists into the parks.
       The transit systems--which could be introduced in other 
     parks--are designed to relieve the chronic congestion that is 
     one of the most serious challenges facing park 
     administrators. Because of record numbers of visitors, many 
     of the nation's most-beloved tourist destinations are in 
     danger of being ``loved to death,'' Babbitt said.
       ``The road to [Grand Canyon's] South Rim is now jammed with 
     cars,'' Babbitt said. ``The once fresh and clear air now 
     smells of diesel fumes and asphalt, the stunning view now 
     marred by filling stations and smog, the sound of breeze-
     rustled pines now drowned by the echo of engines and horns.''
       Ever-larger crowds forced Yosemite officials to begin 
     turning away visitors on the busiest days. But Babbitt said 
     buses and trains will allow all the parks to ``keep the 
     `Welcome' sign out.''
       Under the pilot programs announced yesterday, visitors to 
     the parks could be riding trains or buses by 2001. At Grand 
     Canyon National Park, a $14 million light rail line would 
     carry up to 4,000 riders an hour from a remote parking lot to 
     a new visitor center at the park's South Rim. The center will 
     be paid for with funds from park entry fees, which are not 
     expected to increase.
       Once in the park, visitors can travel to destinations using 
     a fleet of clean-burning buses that will run on electricity 
     or natural gas. Overnight guests could continue to use cars 
     to drive to hotels or campsites within the park.
       Similar systems using buses will be established at Zion and 
     at Yosemite, which two weeks ago announced a plan designed to 
     cut traffic levels by 50 percent.
       The announcement comes a year after President Clinton 
     ordered the agencies to develop alternative transportation 
     strategies to curb overcrowding in the most popular national 
     parks. The administration also has banned some flights at the 
     Grand Canyon.
       Park officials applauded details of the new transit plans. 
     Robert Arnberger, superintendent of Grand Canyon National 
     Park, said the park's resources were being ``hammered'' by a 
     daily onslaught of 6,100 vehicles. Competition among 
     motorists for the park's 2,000 parking spaces have prompted 
     fights, at least one attempted murder charge and ``God knows 
     how many divorces.''
       Environmental groups also praised the decision and urged 
     the administration to push for more aggressive restrictions 
     in air traffic around national parks.

[[Page S3436]]

       ``We want to see the sun reflecting off waterfalls and 
     canyons--not the bumper of the car in front of us,'' said 
     Bill Meadows, president of The Wilderness Society. ``Even in 
     Disney World, cars don't go right to the heart of the park.''
                                                                    ____

                                                   American Public


                                          Transit Association,

                                    Washington, DC, April 1, 1998.
     Hon. Paul S. Sarbanes,
     Ranking Minority Member, Committee on Banking, Housing, and 
         Urban Affairs, U.S. Senate, Washington, DC.
       Dear Senator Sarbanes: Thank you for forwarding us a draft 
     copy of the ``Transit in Parks (TRIP) Act'' which would amend 
     federal transit law at chapter 53, title 49 U.S.C.
       The Act would authorize federal assistance to certain 
     federal agencies and state and local entities to finance mass 
     transit projects generally for the purpose of addressing 
     transportation congestion and mobility issues at national 
     parks. Among other things, the bill would implement the 
     recent Memorandum of Understanding between the Department of 
     Transportation and Interior regarding joint efforts of those 
     federal agencies to encourage the use of public 
     transportation at national parks.
       In December 1997, I was pleased to write to the Secretaries 
     of Transportation and Interior in support of their MOU, and I 
     am just as pleased to support your efforts to improve 
     mobility in our national parks. Public transportation clearly 
     has much to offer citizens who visit these national 
     treasures, where congestion and pollution are significant--
     and growing--problems. Moreover, this legislation should 
     broaden the base of support for public transportation, a key 
     principle APTA has been advocating for many years. In that 
     regard, we will be reviewing your bill with APTA's 
     legislative leadership.
       I applaud you for introducing the legislation, and look 
     forward to continuing to work with you and your staff.
           Sincerely,
                                                William W. Millar,
     President.
                                                                    ____

                                                    National Parks


                                 and Conservation Association,

                                                   April 20, 1998.
     Hon. Paul Sarbanes,
     U.S. Senate Office Building, Washington, DC.
       Dear Senator Sarbanes: On behalf of the National Parks and 
     Conservation Association and its nearly half a million 
     members, I want to thank you for your foresight and 
     leadership in proposing a bill that would enhance transit 
     options for access to America's national parks.
       As you know, from 1975 to 1996, the national parks have 
     experienced a surge in visitation, from 190.4 million to 
     265.8 million visitors per year. With this increased public 
     interest in these special places has come substantial 
     additional burdens on the resources that have drawn such 
     public acclaim. As more people crowd into our national parks 
     (typically by auto) fragile habitat, endangered plants and 
     animals, unique historical treasures, and nationally 
     recognized symbols of our cultural heritage will become 
     damaged from air and water pollution, noise intrusion, and 
     inappropriate use.
       Your bill's establishment of a new program within the 
     Federal Transit Administration, dedicated to enhancing 
     transit options in and adjacent to the national parks, can 
     have a powerful, positive effect on the future integrity of 
     the parks and their resources by reducing the need for access 
     by automobile. Development of transportation centers and auto 
     parking lots outside the parks, and the use of buses, vans, 
     and rail systems would provide much more efficient means of 
     handling the crush of visitation. As a complement to the 
     Federal Lands Highway Program which provides funds 
     principally for park road projects through the Federal 
     Highway Administration, your legislation would properly 
     recognize the critical role that mass transit can play in 
     protecting the parks and enhancing the visitor experience.
       In accomplishing its goal, your bill would further the 
     Memorandum of Agreement signed by the U.S. Department of the 
     Interior and the U.S. Department of Transportation last 
     December. This memorandum would boost the role of alternative 
     transportation solutions for national parks, particularly 
     those most heavily impacted by visitation, including 
     Yellowstone, Yosemite, the Grand Canyon, and Zion. Your bill 
     would also provide an excellent opportunity for the National 
     Park Service to enter into public/private partnerships 
     between the federal government and states, localities, and 
     the private sector to provide a fuller range of 
     transportation options than exists today. These partnerships 
     could leverage funds that the National Park Service currently 
     has great difficulty accessing.
       NPCA looks upon your bill as a creative new mechanism to 
     fulfill the principal federal mandate governing the national 
     parks, which is ``to conserve the scenery and the natural and 
     historic objects and the wildlife therein, and to provide for 
     the enjoyment of the same in such manner and by such means as 
     will leave them unimpaired for the enjoyment of future 
     generations.'' We look forward to working with you to move 
     this legislation to enactment.
           Sincerely,
                                                Thomas C. Kiernan,
     President.
                                                                    ____

                                            Surface Transportation


                                               Policy Project,

                                                   April 21, 1998.
     Hon. Paul Sarbanes,
     U.S. Senate, Washington, DC.
       Dear Senator Sarbanes: On behalf of the Surface 
     Transportation Policy Project, a coalition of over 30 
     national and 200 local and regional groups that work to make 
     transportation policy contribute to healthy communities and a 
     healthy environment, I would like to commend you for the 
     legislation you are introducing to provide a direct funding 
     source for alternative transportation projects in our 
     national parks. Your leadership in bringing attention to this 
     emerging issue will be a major building block in what we hope 
     will be a broad effort to lessen the environmental impacts of 
     visitation on these most important natural areas.
       We believe that public transportation can be the right 
     choice for many parks, particularly those where visitors 
     enter from only one or two major access corridors, and a 
     majority of them visit a small number of popular destinations 
     within the park. In these circumstances, allowing people to 
     leave their cars behind will both enhance the park experience 
     for all visitors, who will not have to negotiate heavy 
     traffic in order to have a quality outdoor experience, and 
     will benefit visitors who will not have to fight for parking 
     spaces at popular attractions.
       The STPP coalition appreciates your leadership on this 
     issue. Please let me know if there is anything we can do to 
     help you advance this important piece of legislation.
           Sincerely,
                                                      Roy Kienitz,
     Deputy Director.
                                                                    ____

         Natural Resources Defense Council--Environmental Defense 
           Fund,
                                                   April 22, 1998.
     Senator Paul Sarbanes,
     U.S. Senate, Washington, DC.
       Dear Senator: On behalf of the Natural Resources Defense 
     Council and the Environmental Defense Fund, we are writing to 
     express our support for your bill, the Transit in Parks Act, 
     which will provide dedicated funding for transit projects in 
     our national parks. Too many of our parks suffer from the 
     consequences of poor transportation systems: traffic 
     congestion, air and water pollution, and disturbance of the 
     natural ecosystem. We believe that increased funding for 
     transit will help mitigate some of these problems. A good 
     working transit system in a number of our national parks will 
     make the park experience not only more enjoyable for the many 
     families that travel there, it will help improve 
     environmental conditions. High ozone (smog) levels that 
     impair peoples breathing and exacerbates asthma, and haze, 
     which can obliterate the views at our parks, will both be 
     abated by a decrease in the number of cars and congestion 
     levels.
       We appreciate your leadership on this issue and your 
     dedication to the health of our national parks. We look 
     forward to working with you to move your legislation forward.
           Sincerely,
     John Adams,
         Executive Director, Natural Resources Defense Council.
     Fred Krupp,
         Executive Director, Environmental Defense Fund.
                                 ______
                                 
      By Mr. FORD (for himself, Mr. Rockefeller, Mr. Dorgan, Mr. 
        Hollings, and Mr. Harkin):
  S. 1968. A bill to amend title 49, United States Code, to authorize 
the Secretary of Transportation to implement a pilot program to improve 
access to the national transportation system for small communities, and 
for other purposes; to the Committee on Commerce, Science, and 
Transportation.


                    the air service restoration act

  Mr. FORD. Mr. President, today I am pleased to introduce the Air 
Service Restoration Act. Over the last several months, there has been a 
growing debate about the airline industry, competition, slots and 
service. This Act seeks to reshape this debate by focusing on problems 
that small communities have with a deregulated aviation system. 
Deregulation has provided many benefits to many communities. But, as 
the General Accounting Office has noted, there are many small 
communities which have been left behind.
  Some of these communities, these ``pockets of pain'' as noted by the 
GAO, would like nothing better than for the Congress to re-regulate the 
industry. However, Mr. President, I do not believe that is the answer--
and that is not what this bill seeks to do. Rather, our legislation 
proposes to facilitate public-private actions which focus on developing 
market opportunities for small communities. In this way, communities 
can develop air service that fits the needs and desires of the 
community; rather than Washington regulating service.

[[Page S3437]]

  This bill is not about competition, but rather the lack of service. 
As the General Accounting Office noted, since deregulation, communities 
have seen a decline in the types of service and quality of service. 
That decline can be attributed to a variety of factors: airports nearby 
with better, or cheaper, service, the loss of a major employer in the 
community, or a lack of information about what it takes to create a 
market.
  But, there are ways to reverse these trends. Let me give you an 
example. One town in Virginia had about 18,000 enplanements annually, 
but gradually declined to under 10,000. The airport set out very 
aggressively to find out what happened, and why. Ultimately, the 
enplanements went back up, and service is now increasing.
  Unfortunately, Mr. President, not all our communities have the 
resources to aggressively pursue or create market needs. The Federal 
government must play a role in helping our small communities. It can 
not stand by as communities lose service, or get cut off from the 
national air transportation system. Travel, tourism and businesses are 
too dependent on the system, and each of our small communities must be 
a part of the system.
  This legislation brings together the Federal government, local 
government, airports, air carriers and the business communities in 
partnership to develop ways to increase the use of our nation's small 
airports. Without these services, small communities can not attract new 
jobs. It is that simple. We have too much invested in our small towns 
to let them simply lose their access to the national air transportation 
system.
  In Owensboro, Kentucky, our airport, in conjunction with community 
business leaders, is developing an air park: attracting businesses, and 
creating jobs. That type of activity should be encouraged.
  There are a number of carriers that will not like some of the 
provisions in the bill--for example, the bill gives DOT the authority 
to require joint fares and interlining. These provisions may be 
necessary to make sure that a small community has the ability to 
connect with major hubs. Such authority would only be required in 
limited circumstances.
  Mr. President, we need to begin to look at solutions to the problems 
faced by our small communities--and the need for these communities to 
have access to our national aviation transportation system. The 
economic survival of these communities in a global marketplace depends 
on the ability to connect to the marketplace. It is my hope and belief 
that this legislation re-focuses the debate on this issue--connecting 
America's small communities to the greatest, most efficient, and safest 
air transportation system in the world.
  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. 1968

       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 ``Air Service Restoration 
     Act''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) a national transportation system providing safe, high 
     quality service to all areas of the United States is 
     essential to interstate commerce and the economic well-being 
     of cities and towns throughout the United States;
       (2) taxpayers throughout the United States have supported 
     and helped to fund the United States aviation infrastructure 
     and have a right to expect that aviation services will be 
     provided in an equitable and fair manner to every region of 
     the country;
       (3) some communities have not benefited from airline 
     deregulation and access to essential airports and air 
     services has been limited;
       (4) air service to a number of small communities has 
     suffered since deregulation;
       (5) studies by the Department of Transportation have 
     documented that, since the airline industry was deregulated 
     in 1978--
       (A) 34 small communities have lost service and many small 
     communities have had jet aircraft service replaced by 
     turboprop aircraft service;
       (B) out of a total of 320 small communities, the number of 
     small communities being served by major air carriers declined 
     from 213 in 1978 to 33 in 1995;
       (C) the number of small communities receiving service to 
     only one major hub airport increased from 79 in 1978 to 134 
     in 1995; and
       (D) the number of small communities receiving multiple-
     carrier service decreased from 136 in 1978 to 122 in 1995; 
     and
       (6) improving air service to small and medium-sized 
     communities that have not benefited from fare reductions and 
     improved service since deregulation will likely entail a 
     range of Federal, State, regional, local, and private sector 
     initiatives.

     SEC. 3. PURPOSE.

       The purpose of this Act is to facilitate, through a pilot 
     program, incentives and projects that will help communities 
     to improve their access to the essential airport facilities 
     of the national air transportation system through public-
     private partnerships and to identify and establish ways to 
     overcome the unique policy, economic, geographic, and 
     marketplace factors that may inhibit the availability of 
     quality, affordable air service to small communities.

     SEC. 4. ESTABLISHMENT OF SMALL COMMUNITY AVIATION DEVELOPMENT 
                   OFFICE.

       Section 102 of title 49, United States Code, is amended by 
     adding at the end thereof the following:
       ``(g) Small Community Air Service Development Office.--
       ``(1) Establishment.--The Secretary shall establish within 
     the Department of Transportation an Office of Aviation 
     Development. The Office shall be headed by a Director, 
     designated by the Secretary.
       ``(2) Functions.--The Director shall--
       ``(A) function as a facilitator between small communities 
     and air carriers;
       ``(B) carry out section 41743 of this title;
       ``(C) carry out the airline service restoration program 
     under subchapter III of chapter 417 of this title;
       ``(D) ensure that the Bureau of Transportation Statistics 
     collects data on passenger information to assess the service 
     needs of small communities;
       ``(E) work with and coordinate efforts with other Federal, 
     State, and local agencies to increase the viability of 
     service to small communities and the creation of aviation 
     development zones; and
       ``(F) provide policy recommendations to the Secretary and 
     the Congress that will ensure that small communities have 
     access to quality, affordable air transportation services.
       ``(3) Reports.--The Director shall provide an annual report 
     to the Secretary and the Congress beginning in 1999 that--
       ``(A) analyzes the availability of air transportation 
     services in small communities, including, but not limited to, 
     an assessment of the air fares charged for air transportation 
     services in small communities compared to air fares charged 
     for air transportation services in larger metropolitan areas 
     and an assessment of the levels of service, measured by types 
     of aircraft used, the availability of seats, and scheduling 
     of flights, provided to small communities;
       ``(B) identifies the policy, economic, geographic and 
     marketplace factors that inhibit the availability of quality, 
     affordable air transportation services to small communities; 
     and
       ``(C) provides policy recommendations to address the 
     policy, economic, geographic, and marketplace factors 
     inhibiting the availability of quality, affordable air 
     transportation services to small communities.''.

     SEC. 5. COMMUNITY-CARRIER AIR SERVICE PROGRAM.

       (a) In General.--Subchapter II of title 49, United States 
     Code, is amended by adding at the end thereof the following:

     ``Sec. 41743. Air service program for small communities

       ``(a) Communities Program.--Under advisory guidelines 
     prescribed by the Secretary of Transportation, a small 
     community or a consortia of small communities or a State may 
     develop an assessment of its air service requirements, in 
     such form as the Director of the Office of Aviation 
     Development may require, and submit the assessment and 
     service proposal to the Office.
       ``(b) Selection of Participants.--In selecting community 
     programs for participation in the communities program under 
     subsection (a), the Director shall apply criteria, including 
     geographical diversity and the presentation of unique 
     circumstances, that will demonstrate the feasibility of the 
     program.
       ``(c) Carriers Program.--The Director shall invite part 121 
     air carriers and regional/commuter carriers (as such terms 
     are defined in section 41715(d) of this title) to offer 
     service proposals in response to, or in conjunction with, 
     community aircraft service assessments submitted to the 
     office under subsection (a). A service proposal under this 
     paragraph shall include--
       ``(1) an assessment of potential daily passenger traffic, 
     revenues, and costs necessary for the carrier to offer the 
     service;
       ``(2) a forecast of the minimum percentage of that traffic 
     the carrier would require the community to garner in order 
     for the carrier to start up and maintain the service; and
       ``(3) the costs and benefits of providing jet service by 
     regional or other jet aircraft.
       ``(d) Office Support Function.--The Director shall work 
     with small communities and air carriers, taking into account 
     their proposals and needs, to facilitate the initiation of 
     service. The Director--
       ``(1) may work with communities to develop innovative means 
     and incentives for the initiation of service;
       ``(2) may obligate funds available to carry out this 
     subchapter to make up the difference between the carrier's 
     forecast and

[[Page S3438]]

     the community's ability to generate the necessary percentage 
     of traffic;
       ``(3) shall continue to work with both the carriers and the 
     communities to develop a combination of community incentives 
     and carrier service levels that--
       ``(A) are acceptable to communities and carriers; and
       ``(B) do not conflict with other Federal or State programs 
     to facilitate air transportation to the communities;
       ``(4) may designate an airport in the program as an Air 
     Service Development Zone and work with the community on means 
     to attract business to the area surrounding the airport, to 
     develop land use options for the area, and provide data, 
     working with the Department of Commerce and other agencies;
       ``(5) may take such other action under subchapter III of 
     this chapter as may be appropriate.
       ``(e) Limitations.--
       ``(1) Community support.--The Director may not provide 
     financial assistance under subsection (c)(2) to any community 
     unless the Director determines that--
       ``(A) a public-private partnership exists at the community 
     level to carry out the community's proposal;
       ``(B) the community will make a substantial financial 
     contribution that is appropriate for that community's 
     resources;
       ``(C) the community has established an open process for 
     soliciting air service proposals; and
       ``(D) the community will accord similar benefits to air 
     carriers that are similarly situated.
       ``(2) Amount.--The Director may not provide financial 
     assistance under subsection (d)(2) to any community in excess 
     of the lesser of--
       ``(A) up to 75 percent of the financial contribution made 
     by the community; or
       ``(B) $500,000 per year.
       ``(f) Report.--The Director shall report through the 
     Secretary to the Congress annually on the progress made under 
     this section during the preceding year in expanding 
     commercial aviation service to small communities.''.
       ``(b) Conformaing Amendment.--The chapter analysis for 
     chapter 417 of such title is amended by inserting after the 
     item relating to section 41742 the following:

``41743. Air service program for small communities''.

       (c) Waiver of Local Contribution.--Section 41736(b) of 
     title 49, United States Code, is amended by inserting after 
     paragraph (4) the following:
     ``Paragraph (4) does not apply to any community approved for 
     service under this section during the period beginning 
     October 1, 1991, and ending December 31, 1997.''.

     SEC. 6. AIRLINE SERVICE RESTORATION PILOT PROGRAM.

       (a) In General.--Chapter 417 of title 49, United States 
     Code, is amended by adding at the end thereof the following:

             ``SUBCHAPTER III. AIRLINE SERVICE RESTORATION

``41761. Pilot program project authority
``41762. Assistance to communities for service
``41763. Additional authority
``41764. Air traffic control services pilot program

     ``Sec. 41761. Pilot program project authority

       ``(a) In General.--The Director of the Office of Aviation 
     Development shall establish a pilot program--
       ``(1) to assist communities and States with inadequate 
     access to the national transportation system to improve their 
     access to that system; and
       ``(2) to facilitate better link-ups to support the improved 
     access.
       ``(b) Project Authority.--Under the pilot program 
     established pursuant to subsection (a), the Director may--
       ``(1) provide financial assistance by way of grants to 
     small communities under section 41743; and
       ``(2) take such other action as may be appropriate.
       ``(c) Other Action.--Under the pilot program established 
     pursuant to subsection (a), the Director may facilitate 
     service by--
       ``(1) working with airports and air carriers to ensure that 
     appropriate facilities are made available at essential 
     airports;
       ``(2) requiring interline or joint-fare agreements between 
     air carriers for domestic United States service if necessary 
     to facilitate access to essential facilities for participants 
     in the program subject to the right of a carrier being 
     required to enter into such agreements to impose reasonable 
     safety, service, and other obligations on the potential 
     partner;
       ``(3) collecting data on air carrier service to small 
     communities; and
       ``(4) providing policy recommendations to the Secretary to 
     stimulate air service and competition to small communities.

     ``Sec. 41762. Assistance to communities for service

       ``(a) In General.--Financial assistance provided under 
     section 41743 during any fiscal year as part of the pilot 
     program established under section 41761(a) shall be 
     implemented for not more than--
       ``(1) 4 communities within any State at any given time; and
       ``(2) 40 communities in the entire program at any time.

     For purposes of this subsection, a consortium of communities 
     shall be treated as a single community.
       ``(b) Eligibility.--In order to participate in a pilot 
     project under this subchapter, a State, community, or group 
     of communities shall apply to the Secretary in such form and 
     at such time, and shall supply such information, as the 
     Secretary may require, and shall demonstrate to the 
     satisfaction of the Secretary that--
       ``(1) the applicant has an identifiable need for access, or 
     improved access, to the national air transportation system 
     that would benefit the public;
       ``(2) the pilot project will provide material benefits to a 
     broad section of the travelling public, businesses, 
     educational institutions, and other enterprises whose access 
     to the national air transportation system is limited;
       ``(3) the pilot project will not impede competition; and
       ``(4) the applicant has established, or will establish, 
     public-private partnerships in connection with the pilot 
     project to facilitate service to the public.
       ``(c) Coordination With Subchapter II.--The Secretary shall 
     carry out this subchapter in such a manner as to complement 
     action taken under subchapter II of this chapter. To the 
     extent the Secretary determines to be appropriate, the 
     Secretary may adopt criteria for implementation of this 
     subchapter that are the same as, or similar to, the 
     criteria developed under subchapter II for determining 
     which airports are eligible under that subchapter. The 
     Secretary shall also, to the extent possible, provide 
     incentives where no direct, viable, and feasible 
     alternative service exists, taking into account 
     geographical diversity and appropriate market definitions.
       ``(d) Maximization of Participation.--The Secretary shall 
     structure the program established pursuant to section 
     41761(a) in a way designed to--
       ``(1) permit the participation of the maximum feasible 
     number of communities and States over a 5-year period by 
     limiting the number of years of participation or otherwise; 
     and
       ``(2) obtain the greatest possible leverage from the 
     financial resources available to the Secretary and the 
     applicant by--
       ``(A) progressively decreasing, on a project-by-project 
     basis, any Federal financial incentives provided under this 
     chapter over the 5-year period; and
       ``(B) terminating as early as feasible Federal financial 
     incentives for any project determined by the Secretary after 
     its implementation to be--
       ``(i) viable without further support under this subchapter; 
     or
       ``(ii) failing to meet the purposes of this chapter or 
     criteria established by the Secretary under the pilot 
     program.
       ``(e) Success Bonus.--If Federal financial incentives to a 
     community are terminated under subsection (d)(2)(B) because 
     of the success of the program in that community, then that 
     community may receive a one-time incentive grant to ensure 
     the continued success of that program.
       ``(f) Program to Terminate in 5 Years.--No new financial 
     assistance may be provided under this subchapter for any 
     fiscal year beginning more than 5 years after the date of 
     enactment of the Air Service Restoration Act.

     ``Sec. 4163. Additional authority

       ``In carrying out this chapter, the Secretary--
       ``(1) may provide assistance to States and communities in 
     the design and application phase of any project under this 
     chapter, and oversee the implementation of any such project;
       ``(2) may assist States and communities in putting together 
     projects under this chapter to utilize private sector 
     resources, other Federal resources, or a combination of 
     public and private resources;
       ``(3) may accord priority to service by jet aircraft;
       ``(4) take such action as may be necessary to ensure that 
     financial resources, facilities, and administrative 
     arrangements made under this chapter are used to carry out 
     the purposes of the Air Service Restoration Act; and
       ``(5) shall work with the Federal Aviation Administration 
     on airport and air traffic control needs of communities in 
     program.

     ``Sec. 4164. Air traffic control services pilot program

       ``(a) In General.--To further facilitate the use of, and 
     improve the safety at, small airports, the Administrator of 
     the Federal Aviation Administration shall establish a pilot 
     program to contract for Level I air traffic control services 
     at 20 facilities not eligible for participation in the 
     Federal Contract Tower Program.
       ``(b) Program Components.--In carrying out the pilot 
     program established under subsection (a), the Administrator 
     may--
       ``(1) utilize current, actual, site-specific data, forecast 
     estimates, or airport system plan data provided by a facility 
     owner or operator;
       ``(2) take into consideration unique aviation safety, 
     weather, strategic national interest, disaster relief, 
     medical and other emergency management relief services, 
     status of regional airline service, and related factors at 
     the facility;
       ``(3) approve for participation any facility willing to 
     fund a pro rata share of the operating costs used by the 
     Federal Aviation Administration to calculate, and, as 
     necessary, a 1:1 benefit-to-cost ratio, as required for 
     eligibility under the Federal Contract Tower Program; and
       ``(4) approve for participation any facility willing to 
     fund a pro rata share of construction used by the Federal 
     Aviation Administration to calculate, and, as necessary, a 
     1:1

[[Page S3439]]

     benefit-to-cost ratio, as required for eligibility under the 
     Federal Contract Tower Program.
       ``(c) Report.--One year before the pilot program 
     established under subsection (a) terminates, the 
     Administrator shall report to the Congress on the 
     effectiveness of the program, with particular emphasis on the 
     safety and economic benefits provided to program participants 
     and the national air transportation system.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     417 of title 49, United States Code, is amended by adding at 
     the end thereof the following:

             ``SUBCHAPTER III. AIRLINE SERVICE RESTORATION

``41761. Pilot programs
``41762. Financial assistance to States
``41763. Additional authority
``41764. Air traffic control services pilot program''.

     SEC. 7. FUNDING AUTHORITY.

       (a) In General.--The Secretary of Transportation may 
     obligate not more than $20,000,000 for each of fiscal years 
     1999 through 2002 to carry out subchapter III of chapter 417 
     of title 49, United States Code, out of funds otherwise 
     available for aviation programs other than funds 
     appropriated, obligated, or made available to carry out 
     subchapter II of such chapter.
       (b) Success Bonus.--If the Secretary determines that the 
     program carried out under such subchapter III is successful 
     in providing enhanced air carrier service to small 
     communities, then the Secretary may obligate an additional 
     amount, not in excess of $5,000,000, for each of fiscal years 
     2001 and 2002 to carry out that subchapter out of such funds.

     SEC. 8. JOINT FARES AND INTERLINE AGREEMENTS.

       (a) In General.--Subchapter I of chapter 417 of title 49, 
     United States Code, is amended by adding at the end thereof 
     the following:

     ``Sec. 4176. Joint fares and interline agreements for 
       domestic transportation

       ``(a) In General.--In order to more effectively facilitate 
     service to small communities, the Secretary of Transportation 
     may, if necessary, require an air carrier that serves an 
     essential airport facility in the United States and an air 
     carrier that offers service in an under-served market within 
     the United States to enter into an agreement with a 
     qualifying air carrier that files a request with the 
     Secretary, in such form and manner and at such time as the 
     Secretary may require.
       ``(b) Secretary May Compel Joint Fare Structure.--If the 
     Secretary determines that it is necessary in order to 
     facilitate service to small communities, the Secretary may 
     require any air carrier to enter into a joint-fare or 
     interline agreement with any qualifying air carrier that 
     serves an under-served market to facilitate air 
     transportation.
       ``(c) Application Limited to Service to Communities 
     Receiving DOT Assistance.--The Secretary may not require an 
     air carrier to enter into an agreement under subsection (a) 
     or (b) except to the extent determined by the Secretary to 
     be necessary to the provision of air service to a 
     community receiving financial assistance under section 
     41761. Nothing in this section provides authority for the 
     Secretary to establish air fares for service to which this 
     section applies.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualifying air carrier.--The term `qualifying air 
     carrier' means an air carrier that operates pursuant to a 
     certificate of public convenience and necessity under chapter 
     411 of this title.
       ``(2) Under-served market.--The term `under-served market' 
     means a commercial service airport that is a nonhub airport 
     (as defined in section 41731(4) of this title), a small hub 
     airport (as defined in section 41731(5) of this title), or an 
     airport that is smaller than a nonhub or small hub airport.
       ``(3) Essential airport facility.--The term `essential 
     airport facility' means a hub airport (as defined in section 
     41731(a)(3) of this title).''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     417 of title 49, United States Code, is amended by inserting 
     after the item relating to section 41715 the following:

``41716. Joint fares and interline agreements for domestic 
              transportation''.

     SEC. 9. REVITALIZATION OF AIR SERVICE TO RURAL AREAS.

       Section 40101(a) of title 49, United States Code, is 
     amended by adding at the end thereof the following:
       ``(16) ensuring that consumers in all regions of the United 
     States, including those in small communities and rural and 
     remote areas, have access to affordable, regularly scheduled 
     air service.
       ``(17) ensuring that any slots given to air carriers to 
     provide small community air service are withdrawn if the 
     carrier fails to provide the service.''.

     SEC. 10. MARKETING PRACTICES.

       Section 41712 of title 49, United States Code, is amended 
     by--
       ``(1) inserting ``(a) In General.--'' before ``On''; and
       (2) adding at the end thereof the following:
       ``(b) Marketing Practices That Adversely Affect Service to 
     Small or Medium Communities.--Within 180 days after the date 
     of enactment of the Air Service Restoration Act, the 
     Secretary shall review the marketing practices of air 
     carriers that may inhibit the availability of quality, 
     affordable air transportation services to small and medium-
     sized communities, including--
       ``(1) marketing arrangements between airlines and travel 
     agents;
       ``(2) code-sharing partnerships;
       ``(3) computer reservation system displays;
       ``(4) gate arrangements at airports; and
       ``(5) any other marketing practice that may have the same 
     effect.
       ``(c) Regulations.--If the Secretary finds, after 
     conducting the review required by subsection (b), that 
     marketing practices inhibit the availability of such service 
     to such communities, then, after public notice and an 
     opportunity for a hearing, the Secretary shall promulgate 
     regulations that address the problem.''.

  Mr. ROCKEFELLER. Mr. President, I rise today to join a number of my 
colleagues, and most especially Senators Hollings, Ford, and Dorgan, in 
introducing the ``Air Service Restoration Act of 1997.'' This 
legislation is the result of many months of effort, first, to 
understand what has happened to air service in small and rural 
communities in the last twenty years and, then, to develop a 
comprehensive strategy for restoring and promoting air service to these 
areas--many of which have suffered such a dramatic decline in service 
and increase in fares that the U.S. Department of Transportation refers 
to them as ``pockets of pain.''
  By most accounts the 1978 deregulation of the airline industry has 
been a huge success--with lower fares, better service, and more 
competition enjoyed by most of the nation, as well as an airline 
industry that has reached unprecedented levels of financial success and 
stability. But for all its successes, airline deregulation has one, 
potentially fatal, flaw--the creation of an ever-widening gap between 
the air transportation ``haves'' and ``have-nots'', with small and 
rural communities across the nation left to choose between high-cost, 
poor-quality service or no service at all. Clearly we have not and are 
not meeting our responsibility to foster and maintain a truly national 
air transportation system.
  West Virginia's communities are unquestionably among the hardest hit 
in the nation when it comes to air service declines. Prior to 
deregulation, West Virginia was served by at least five major 
commercial air carriers. We enjoyed a comprehensive route structure and 
comfortable levels of jet service at competitive prices. In the twenty 
years since, every major carrier, with the notable exception of U.S. 
Airways, abandoned its direct service to West Virginia. Jet service all 
but disappeared. Three airports--Elkins, Martinsburg, and Wheeling--
lost commercial passenger service altogether.
  At the same time, West Virginia passengers experienced fare increases 
of 20-30 percent, in real terms, with service from regional or commuter 
airlines using smaller, turboprop planes. Some of these are solid 
airlines and offer good service, and we are thankful that they have 
stayed with us. But for many years their West Virginia product has been 
far inferior to that provided other communities--their planes are 
small, their schedules thin and their prices high. Not surprisingly, 
West Virginia businesses and passengers have responded by flying less 
or going elsewhere. At a time when the rest of the nation has 
experienced a 75 percent increase in air traffic, passenger 
enplanements in our state have declined at every airport, with a 
statewide decrease of nearly 40 percent.
  My top priority over the past twenty years--the same twenty years as 
airline deregulation--has been to bring good jobs and opportunity to 
West Virginia. Whether it's a specific project or a broad policy issue, 
from trade to connecting schools to the information highway, most of my 
work is about creating economic growth in my home state. In the last 
several years I have begun to see and hear more and more that the lack 
of convenient and affordable air service is holding us back, stunting 
economic growth in West Virginia just as it is in small and rural 
communities across the country. And unless we act now to restore and 
promote air service to under-served areas, we will never be able to 
close the economic development gaps in any meaningful and sustained 
way.
  Part of the change that I believe needs to take place can and must 
occur at the state and local level, where business and community 
leaders know

[[Page S3440]]

what their needs are and can develop a real stake in the future of 
their airports by educating consumers, attracting air service, and 
filling airplanes. But aviation is a national issue, with global 
implications. No small or rural community should be expected to 
overcome the cumulative effect of twenty years of deregulation on its 
own. They need help, they've asked for help, and they deserve help.
  The legislation that we introduce today is part of what I hope will 
be a new era in our national aviation policy--an era that builds on the 
successes of deregulation and takes responsibility for its failures. 
The centerpiece of the bill is a five-year $100 million pilot program 
for up to 40 communities, with grants of up to $500,000 to each 
community for local initiatives to attract and promote service. 
Communities would provide local matching funds of up to 25 percent, and 
could do so directly or indirectly, through mechanisms such as seat 
guarantees. The Department of Transportation would have the authority 
to facilitate links between pilot communities and major airports by 
requiring joint fares and interline agreements between dominant 
airlines and new service providers.
  To administer the grant program and provide a resource for small 
communities both in and out of the pilot program, the bill creates a 
new Office of Small Community Air Service Development at the Department 
of Transportation dedicated to promoting and restoring air service to 
small communities. Among other tasks, this office would be responsible 
for ensuring that accurate and meaningful passenger traffic data is 
available regarding service to small communities, as it is today for 
larger communities.

  To clarify the priority for small communities in receiving and 
retaining service to slot-controlled airports, the bill directs the 
Department to ensure that any slots given to air carriers for small 
community air service will be withdrawn if the carrier fails to provide 
the service.
  To address a major infrastructure concern of small and rural 
airports, the bill establishes a pilot program allowing communities 
that face the loss of an air traffic control tower to instead share the 
cost of funding the tower, on a contract basis, in proportion to the 
cost-benefit ratio of the tower.
  Finally, the bill calls on the Department to review the airline 
industry's current marketing practices--practices which many believe 
are exacerbating the decline in air service to small communities--and, 
if necessary, promulgate regulations to curb abuses that inhibit market 
entry.
  The legislation we introduce today will begin to afford small and 
rural community air service the priority they deserve in our national 
transportation policy. It is my hope and intent to pursue this 
legislation in the context of the 1998 reauthorization of the Federal 
Aviation Administration and Airport Improvement Program, and I look 
forward to working together with others of my colleagues, several of 
whom have shown a real commitment to achieving needed solutions in this 
area.
  In the global marketplace of today air service has become perhaps the 
single most important mode of mass transportation. When it comes to 
economic growth, there is no substitute for good air service. If we are 
to ensure that all communities throughout the nation are prepared to 
compete in the next century, we have no choice but to improve their 
transportation options.
                                 ______
                                 
      By Mr. KENNEDY:
  S. 1969. A bill to provide health benefits for workers and their 
families; to the Committee on Labor and Human Resources.


                THE HEALTH CARE FOR WORKING FAMILIES ACT

  Mr. KENNEDY. Mr. President, I rise to introduce the Health Care for 
Working Families Act.
  Today we resume the battle for health insurance for all Americans.
  We face a continuing crisis in health care for millions of workers 
and their families. Forty-one million Americans are uninsured. The 
number grew by more than one million last year, and if we do nothing, 
it will continue to grow at the same alarming rate.
  The vast majority--85%--of these uninsured Americans--are workers or 
members of their families. These citizens work hard--40 hours a week, 
52 weeks of the year in most cases--but all their hard work cannot buy 
them the health insurance they need to protect their families, because 
they can't afford it and their employers won't provide it.
  Every uninsured American is an American tragedy waiting to happen. 
Infants lose their chance to grow up strong and healthy because they do 
not get critical prenatal care. A young family loses its livelihood 
because a breadwinner cannot afford essential medical services. Middle-
aged parents see the savings set aside to send their children to 
college or pay for their retirement swept away by a tidal wave of 
medical debt.
  These conditions should be unacceptable in America today. The time 
has come to take a simple but important step toward the day when every 
job carries with it a guarantee of affordable family health care.
  Every business is expected to pay a minimum wage, and to obey the 
child labor laws. Every business is expected to provide safe and 
healthy working conditions, and to protect against injury on the job 
through worker's compensation. Every business is expected to contribute 
to retirement through Social Security, and to the health needs of the 
elderly through Medicare. It is long past time for businesses also to 
contribute to the cost of basic health insurance coverage for their 
workers.
  Some small firms have special problems that may call for special 
solutions. But there can be no excuse for large firms to shirk their 
responsibility to provide affordable health insurance for their 
workers.
  Under the bill we are introducing today, businesses with 50 or more 
workers will be required to provide health insurance coverage. 
Approximately half of all uninsured employees and their families--15 
million people--will gain the coverage they need and deserve. This 
legislation is a giant step toward the day when every American will be 
guaranteed the fundamental right to health care.
  Many--even most--businesses already provide insurance. The vast 
majority of large business, in particular, fulfill this obligation. But 
too many others do not. In more and more cases, unfair competition from 
firms that refuse to provide insurance for their workers is compelling 
other firms to reduce health benefits or drop coverage altogether.
  Health insurance for working Americans does not have to mean 
complicated regulations or excessive government intervention. The 
legislation we are introducing today is simple--less than ten pages. It 
will not cost taxpayers a dime. It includes no specific mandated 
benefits or burdensome red tape. It simply says that every business 
with 50 workers or more must offer its employees coverage equal in 
value to the Blue Cross/Blue Shield Standard Option Plan that is 
available to every Senator and Representative and must pay at least 72% 
of the cost--the same proportion that taxpayers contribute for every 
member of Congress.
  The American people deserve health care for their families that is 
every bit as good as the health care they provide to every member of 
Congress. The incremental reform enacted in recent years has helped 
many families, but it is far from sufficient. The time has come for 
Congress to take a larger step.
  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. 1969

       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 ``Health Care for Working 
     Families Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) every industrialized country in the world except the 
     United States guarantees the fundamental right to health care 
     to all its citizens;
       (2) 41,000,000 Americans are without health insurance 
     coverage;
       (3) the number of uninsured Americans is growing every 
     year;

[[Page S3441]]

       (4) the vast majority of uninsured Americans are workers or 
     dependents of workers;
       (5) for more than half a century, Congress has enacted laws 
     to ensure that work is appropriately rewarded, including laws 
     establishing a minimum wage and a 40 hour work week, laws 
     ensuring safe and healthy working conditions, and laws 
     requiring employers to contribute to the cost of retirement 
     security through Social Security and Medicare; and
       (6) as the United States approaches the 21st century, it is 
     time to enact requirements guaranteeing that jobs carry with 
     them affordable, adequate health insurance benefits.

     SEC. 3. HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES.

       (a) In General.--The Fair Labor Standards Act of 1938 (29 
     U.S.C. 201 et seq.) is amended by adding at the end thereof 
     the following new title:
      ``TITLE II--HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES

     ``SEC. 201. HEALTH BENEFITS.

       ``(a) Offer to Enroll.--
       ``(1) In general.--Each large employer, in accordance with 
     this title, shall offer to each of its employees the 
     opportunity to enroll in a qualifying health benefit plan 
     that provides coverage for the employee and the family of the 
     employee.
       ``(2) Qualifying health benefit plan.--For purposes of this 
     title, the term `qualifying health benefit plan' means a plan 
     that provides benefits for health care items and services 
     that are actuarily equivalent or greater in value than the 
     benefits offered as of January 1, 1998 under the Blue Cross/
     Blue Shield Standard Plan provided under the Federal 
     Employees Health Benefit Program under chapter 89 of title 5, 
     United States Code, and that meets the requirements of title 
     XXVII of the Public Health Service Act applicable to the 
     plan.
       ``(b) Contribution and Withholding.--
       ``(1) In general.--Each large employer, in accordance with 
     this title, shall--
       ``(A) contribute to the cost of any qualifying health 
     benefit plan offered to its employees under subsection (a); 
     and
       ``(B) withhold from the wages of an employee, the employee 
     share of the premium assessed for coverage under the 
     qualifying health benefit plan.
       ``(2) Required contribution.--Except as provided in 
     paragraphs (3) and (4), the portion of the total premium to 
     be paid by a large employer under paragraph (1)(A) shall not 
     be less than the portion of the total premium that the 
     Federal Government contributes under the Blue Cross/Blue 
     Shield Standard Plan provided under the Federal Employees 
     Health Benefit Program under chapter 89 of title 5, United 
     States Code.
       ``(3) Part-time employees.--With respect to an employee who 
     works less than 30 hours per week, the employer contribution 
     required under paragraph (2) shall be equal to the product 
     of--
       ``(A) the contribution required under paragraph (2); and
       ``(B) the ratio of number of hours worker by the employee 
     in a typical week to 30 hours.
       ``(4) Limitation.--No employer contribution shall be 
     required under this subsection with respect to an employer 
     who works less than 10 hours per week.
       ``(c) Employee Obligation Under Certain Programs.--
       ``(1) In general.--With respect to an employee covered 
     under a Federal health insurance program (as defined in 
     paragraph (3)), such employee shall accept an offer of health 
     insurance coverage under subsection (a) and agree to the 
     appropriate payroll withholdings under subsection (b)(1)(B) 
     for such coverage or provide for the payment of the employee 
     share of premiums under paragraph (2), except that this 
     subsection shall not apply--
       ``(A) with respect to an employee who is otherwise covered 
     under an employment-based qualified health benefit plan; or
       ``(B) with respect to the coverage of a family member of an 
     employee if the employee does not elect coverage for such 
     family member and the family member is otherwise covered 
     under an employment-based qualified health benefit plan.
       ``(2) Payment of premiums.--At the request of an employee 
     to which paragraph (1) applies, the relevant Federal 
     administrator of the Federal health insurance program 
     involved shall provide for the payment of the employee share 
     of the premium assessed for coverage under the qualifying 
     health benefit plan involved. For purposes of title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.), the 
     requirement of this paragraph shall be deemed to be a 
     requirement under the appropriate State plan under such title 
     XIX.
       ``(3) Federal health insurance program.--As used in this 
     subsection, the term `Federal health insurance program' 
     means--
       ``(A) the medicare or medicaid program under title XVIII or 
     XIX of the Social Security Act (42 U.S.C. 1395 or 1396 et 
     seq.);
       ``(B) the Federal employee health benefit program under 
     chapter 89 of title V, United States Code; or
       ``(C) the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS), as defined in section 1073(4) 
     of title 10, United States Code.
       ``(d) Large Employers.--
       ``(1) In general.--The provisions of this title shall only 
     apply to large employers.
       ``(2) Definition.--
       ``(A) In general.--As used in paragraph (1), the term 
     `large employer' means, with respect to a calendar year and 
     plan year, an employer that employed an average of at least 
     50 full-time employees on business days during the preceding 
     calendar year and who employs not less than 50 employees on 
     the first day of the plan year.
       ``(B) Exception.--The provisions of this title shall apply 
     with respect to an employer that is not a large employer 
     under subparagraph (A) if the majority of the services 
     performed by such employer consist of services performed on 
     behalf of a single large employer.
       ``(3) Contract workers.--For purposes of this title, a 
     contract worker of an employer shall be considered to be an 
     employee of the employer.

     ``SEC. 202. REQUIREMENTS RELATING TO TIMING OF COVERAGE AND 
                   WITHHOLDING.

       ``(a) Date of Initial Coverage.--In the case of an employee 
     enrolled under a qualifying health benefit plan provided by a 
     large employer, the coverage under the plan must begin not 
     later than 30 days after the day on which the employee first 
     performs an hour of service as an employee of that employer.
       ``(b) Withholding Permitted.--No provision of State law 
     shall prevent an employer of an employee enrolled under a 
     qualifying health benefit plan established under this title 
     from withholding the amount of any premium due by the 
     employee from the payroll of the employee.

     ``SEC. 203. ENFORCEMENT.

       ``(a) Civil Money Penalty Against Private Employers.--The 
     provisions of section 502--
       ``(1) relating to the commencement of civil actions by the 
     Secretary under subsection (a) of such section;
       ``(2) relating to civil money penalties under subsection 
     (c)(2) of such section; and
       ``(3) relating to the procedures for assessing, collecting 
     and the judicial review of such civil money penalties;

     shall apply with respect to any large employer that does not 
     comply with this title.
       ``(b) Injunctive Relief.--The provisions of section 17 
     shall apply with respect to violations of this title.

     ``SEC. 204. PREEMPTION.

       ``Nothing in this title shall be construed to prevent a 
     State from establishing, implementing, or continuing in 
     effect standards and requirements relating to employer 
     provided health insurance coverage unless such standards and 
     requirements prevent the application of a requirements of 
     this title.

     ``SEC. 205. DEFINITION AND EFFECTIVE DATE.

       ``(a) Definition.--In this title the terms `family' and 
     `family member' mean, with respect to an employee, the spouse 
     and children (including adopted children) of the employee.
       ``(b) Effective Date.--
       ``(1) In general.--Except as provided in paragraph (2), 
     this title shall apply with respect to employers on January 
     1, 1999.
       ``(2) Collective bargaining agreements.--This title shall 
     apply with respect to employees covered under a collective 
     bargaining agreement on the first day of the first plan year 
     beginning after the date of enactment of this Act, or January 
     1, 1999, whichever occurs later.''.
       (b) Conforming Amendments.--
       (1) The Fair Labor Standards Act of 1938 is amended by 
     striking out the first section and inserting in lieu thereof 
     the following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Fair Labor Standards Act of 
     1938'.
                     ``TITLE I--WAGES AND HOURS''.
       (2) The Fair Labor Standards Act of 1938 is amended by 
     striking out ``this Act'' each place it occurs and inserting 
     in lieu thereof ``this title''.
       (3) Section 17 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 217) is amended by inserting ``or violations of title 
     II'' before the period.

     SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

       Title II of the Public Health Service Act (42 U.S.C. 202 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 247. REQUIREMENT FOR HEALTH INSURANCE COVERAGE.

       ``A health insurance issuer (as defined in section 2791(a)) 
     that offers health insurance coverage (as defined in section 
     2791(a)) to an employer on behalf of the employees of such 
     employer shall ensure that such coverage complies with the 
     requirements of title II of the Fair Labor Standards Act of 
     1938.''.
                                 ______
                                 
      By Mr. ABRAHAM for himself and Mr. Daschle:
  S. 1970. A bill to require the Secretary of the Interior to establish 
a program to provide assistance in the conservation of neotropical 
migratory birds; to the Committee on Environment and Public Works.


        the neotropical migratory bird conservation act of 1998

  Mr. ABRAHAM. Mr. President, I rise today to introduce the 
``Neotropical Migratory Bird Conservation Act of 1998.'' This 
legislation, which I am introducing today with my distinguished 
colleague, Senator Daschle, is designed to protect over 90 endangered 
species of bird spending certain seasons in the United States and other 
seasons

[[Page S3442]]

in other nations of the Western Hemisphere. I think it is fitting that 
we introduce this legislation on Earth Day, that day we have dedicated 
to increasing awareness of environmental issues.
  Every year, approximately 25 million Americans travel to observe 
birds, and 60 million American adults watch and feed birds at home. 
Birdwatching is a source of great pleasure to many Americans, as well 
as a source of important revenue to states, like my own state of 
Michigan, which attract tourists to their scenes of natural beauty. 
Birdwatching and feeding generates fully $20 billion every ear in 
revenue across America.
  Birdwatching is a popular activity in Michigan, and its increased 
popularity is reflected by an increase in tourist dollars being spent 
in small, rural communities. Healthy bird populations also prevent 
hundreds of millions of dollars in economic losses each year to farming 
and timber interests. They help control insect populations, thereby 
preventing crop failures and infestations.
  Despite the enormous benefits we derive from our bird populations, 
many of them are struggling to survive. Ninety species are listed as 
endangered or threatened in the United States. Another 124 species are 
of high conservation concern. The primary reason for these declines is 
the degradation and loss of bird habitat.

  What makes this all the more troubling is that efforts in the United 
States to protect these birds' habitats can only be of limited utility. 
Among bird watches' favorites, many neotropical birds are endangered or 
of high conservation concern. And several of the most popular 
neotropical species, including bluebirds, robins, goldfinches, and 
orioles, migrate to and from the Caribbean and Latin America.
  Because neotropical migratory birds range across a number of 
international borders every year, we must work to establish safeguards 
at both ends of their migration routes, as well as at critical stopover 
areas along their way. Only in this way can conservation efforts prove 
successful.
  Mr. President, that is why Senator Dashle and I have introduced the 
``Neotropical Migratory Bird Conservation Act.'' This legislation will 
protect bird habitats across international boundaries by establishing 
partnerships between the business community, nongovernmental 
organizations and foreign nations. By teaming businesses with 
international organizations concerned to protect the environment we can 
combine capital with know-how. By partnering these entities with local 
organizations in countries where bird habitat is endangered we can see 
to it that local people receive the training they need to preserve this 
habitat and maintain this critical natural resource.
  This act establishes a three year demonstration project providing $4 
million each year to help establish programs in Latin America and the 
Caribbean. These programs will manage and conserve neotropical 
migratory bird populations. Those eligible to participate will include 
national and international nongovernmental organizations and business 
interests, as well as U.S. government entities.
  The key to this act is cooperation among nongovernmental 
organizations. The federal share of each project's cost is never to 
exceed 33 percent, and half the nonfederal contribution must be in 
cash, not in-kind contributions.
  The approach taken by this legislation differs from that of current 
programs in that it is proactive and, by avoiding a crisis management 
approach, will prove significantly more cost effective. In addition, 
this legislation does not call for complicated and expensive 
bureaucratic structures such as councils, commissions or multi-tiered 
oversight structures. Further, this legislation will bring needed 
attention and expertise to areas now receiving relatively little 
attention in the area of environmental degradation.
  This legislation has the support of the National Audobon Society, the 
American Bird Conservancy and the Ornithological Council. These 
organizations agree with Senator Daschle and I that, by establishing 
partnerships between business, government and nongovernmental 
organizations both here and abroad we can greatly enhance the 
protection of migratory bird habitat.
  I urge my colleagues to support this bill.
  Mr. DASCHLE. Mr. President, it is my pleasure today to join Senator 
Spencer Abraham to introduce the Neotropical Migratory Bird 
Conservation Act.
  First, let me commend my colleague, Senator Abraham, for all of his 
work to develop this legislation. This bill addresses some of the 
critical threats to wildlife habitat and species diversity and 
demonstrates his commitment, which I strongly share, to solving the 
many challenges we face in this regard.
  The Neotropical Migratory Bird Conservation Act will help to ensure 
that some of our most valuable and beautiful species of birds--those 
that most of us take for granted, including bluebirds, goldfinches, 
robins and orioles--may overcome the challenges posed by habitat 
destruction and thrive for generations to come. It is not widely 
recognized that many North American bird species once considered common 
are in decline. In fact, a total of 90 species of migratory birds are 
listed as endangered or threatened in the United States, and another 
124 species are considered to be of high conservation concern.
  The main cause of this decline is the loss of critical habitat 
throughout our hemisphere. Because these birds range across 
international borders, it is essential that we work with nations in 
Latin America and the Caribbean to establish protected stopover areas 
during their migrations. This bill achieves that goal by fostering 
partnerships between businesses, nongovernmental organizations and 
other nations to bring together the capital and expertise needed to 
preserve habitat throughout our hemisphere.
  As we celebrate Earth Day, I urge my colleagues to support this 
legislation. It has been endorsed by the National Audobon Society, the 
American Bird Conservancy and the Ornithological Council. I believe 
that it will substantially improve upon our ability to maintain 
critical habitat in our hemisphere and help to halt the decline of 
these important species.

                          ____________________