[Congressional Record Volume 145, Number 47 (Wednesday, March 24, 1999)]
[Senate]
[Pages S3251-S3260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     THE WOMEN'S ACCESS TO CARE ACT

 Mrs. BOXER. Mr. President, last week, the Senate Health, 
Education, Labor and Pensions Committee marked up managed care reform 
legislation. Unfortunately, this markup was characterized by the 
partisan politics that have plagued this issue for over a year now.
  I fear that this squabbling shows no signs of letting up, and I 
expect it to carry over onto the floor of the Senate. The result may be 
no action at all. And that, Mr. President, would be a tragedy. There 
are many individuals who need to be protected from some of the 
outrageous practices of managed care networks, and as long as we argue, 
they are not being helped.
  It is time to move beyond the squabbling and get something done. Do 
not get me wrong. I strongly support and am a cosponsor of the 
Patients' Bill of Rights Act, introduced by Senator Dashcle. I have no 
intention of renouncing my support for this excellent bill. Many of its 
provisions are based on a bill I introduced in 1997.
  But, I do believe that we need to start reaching across the aisle to 
find common ground in those areas where this is agreement. So, today, I 
am introducing, along with Senator Snowe, the Women's Access to Care 
Act--to guarantee that women in managed care plans can designate their 
ob/gyn as their primary care physician.
  Let me tell you, Mr. President, why this bill is so important, and I 
will start with this basic fact: Many women consider their ob/gyn their 
principal doctor. According to a 1993 Gallup Poll, 72 percent of women 
had a regular physical examination in the previous two years from an 
ob/gyn. And, three-fourths of all women object to restricted access to 
their ob/gyn.
  But, managed care companies are not paying attention.
  Sometimes, a managed care company requires a woman to get a referral 
in order to see her ob/gyn. Or, a managed care plan allows a woman to 
see an ob/gyn without a referral only under limited circumstances--such 
as for only a few visits each year or for only certain medical 
conditions. Or, a managed care network does not allow a woman's ob/gyn 
to refer her to a specialist.
  All of these hurdles placed between a woman and her doctor mean that 
a woman has to get a referral from another doctor just to see her 
doctor, and that she must, for all practical purposes, have two 
doctors.
  Let me give you an example that will illustrate how absurd this is.
  A 39-year-old woman--who considers her ob/gyn as her doctor--is in 
the office for a routine check-up. The ob/gyn discovers a lump in the 
woman's breast and tells her that she needs to get a mammogram. But, 
because the woman is under the age for automatic coverage of 
mammograms, she can only get one if her doctor says it is medically 
necessary. But, the managed care plan does not consider the ob/gyn as 
the woman's doctor--even though she does. So, this woman has to go find 
a primary care doctor just to get that doctor to okay a mammogram. And, 
the ob/gyn certainly cannot refer her to a specialist about the lump in 
her breast.

  That, Mr. President, is silly. It makes no sense. And, it is not even 
good health policy. According to the Commonwealth Fund, a woman whose 
ob/gyn is her regular doctor is more likely to have had a complete 
physical exam, a blood pressure reading, a cholesterol test, a clinical 
breast exam, a mammogram, a pelvic examination, and a Pap smear.
  In other words, a woman is more likely to receive the health care she 
needs when she can see her ob/gyn. Why? Because many woman consider 
their ob/gyn their principal doctor.
  The bill that Senator Snowe and I are introducing today recognizes 
this fact. The Women's Access to Care Act would provide a woman in a 
managed care plan with three options.
  First, she could designate an ob/gyn as her primary care physician. 
She would have the same right of access to--and the doctor would have 
the same right of referral as--any other primary care physician.
  Second, she could continue the practice common today. That is, she 
could designate a general practitioner as her primary care physician. 
But, if she does, she must be allowed to see an ob/gyn without a 
referral for all routine gynecological care and pregnancy related 
services. And, the ob/gyn could refer the woman to a specialist for any 
other needed gynecological care.
  Third, we would say that a woman could designate both an ob/gyn and a 
general practitioner as her primary care provider. Sometimes a woman 
considers her ob/gyn as her doctor but does not want to close off 
access to a general practitioner for other health care needs.
  Finally, Mr. President, let me briefly address what is known as 
direct access to an ob/gyn. Allowing a woman to go directly to her ob/
gyn without a referral would be an important step forward. But, keep in 
mind that it is not the full story. Even if the direct access were 
unlimited and unfettered, it would not allow an ob/gyn to refer a woman 
to the specialist she needs. To do that requires allowing an ob/gyn to 
be designated as a primary care physician.
  Mr. President, I believe the Women's Access to Care Act is a common 
sense approach that recognizes the reality of the way many women 
receive--and want to receive--their health care. It is also an 
opportunity to break through the partisan logjam on managed care and 
enact something meaningful to help the women of America.
  I urge my colleagues to join me and Senator Snowe in this bipartisan 
effort.
  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. 697

       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 ``Women's Access to Care 
     Act''.

     SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY 
                   ACT OF 1974.

       (a) In General.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.), as amended by the Omnibus Consolidated 
     and Emergency Supplemental Appropriations Act, 1999 (Public 
     Law 105-277), is amended by adding at the end the following:

     ``SEC. 714. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE.

       ``(a) In General.--If a group health plan, or a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, requires or provides for a participant

[[Page S3252]]

     or beneficiary to designate a participating primary care 
     provider--
       ``(1) the plan or issuer shall permit such an individual 
     who is a female to designate a participating physician who 
     specializes in obstetrics and gynecology as the individual's 
     primary care provider in lieu of or in addition to the 
     designation by such individual of a provider who does not 
     specialize in obstetrics and gynecology as the primary care 
     provider; and
       ``(2) if such an individual has not designated a physician 
     who specializes in obstetrics or gynecology as a primary care 
     provider, the plan or issuer--
       ``(A) may not require authorization or a referral by the 
     individual's primary care provider or otherwise for coverage 
     of routine gynecological care (such as preventive women's 
     health examinations) and pregnancy-related services provided 
     by a participating health care professional who specializes 
     in obstetrics and gynecology to the extent such care is 
     otherwise covered, and
       ``(B) may treat the ordering of other gynecological care by 
     such a participating health professional as the authorization 
     of the primary care provider with respect to such care under 
     the plan or coverage.
       ``(b) Construction.--Nothing in subsection (a)(2)(B) shall 
     waive any requirements of coverage relating to medical 
     necessity or appropriateness with respect to coverage of 
     gynecological care so ordered.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1001 note), as amended by the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (Public Law 
     105-277), is amended by inserting after the item relating to 
     section 713 the following new item:

``Sec. 714. Access to obstetrical and gynecological care.''.

     SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

       (a) Group Market.--Subpart 2 of part A of title XXVII of 
     the Public Health Service Act (42 U.S.C. 300gg-4 et seq.), as 
     amended by the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999 (Public Law 105-277), 
     is amended by adding at the end the following new section:

     ``SEC. 2707. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE.

       ``(a) In General.--If a group health plan, or a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, requires or provides for an enrollee to 
     designate a participating primary care provider--
       ``(1) the plan or issuer shall permit such an individual 
     who is a female to designate a participating physician who 
     specializes in obstetrics and gynecology as the individual's 
     primary care provider in lieu of or in addition to the 
     designation by such individual of a provider who does not 
     specialize in obstetrics and gynecology as the primary care 
     provider; and
       ``(2) if such an individual has not designated a physician 
     who specializes in obstetrics or gynecology as a primary care 
     provider, the plan or issuer--
       ``(A) may not require authorization or a referral by the 
     individual's primary care provider or otherwise for coverage 
     of routine gynecological care (such as preventive women's 
     health examinations) and pregnancy-related services provided 
     by a participating health care professional who specializes 
     in obstetrics and gynecology to the extent such care is 
     otherwise covered, and
       ``(B) may treat the ordering of other gynecological care by 
     such a participating health professional as the authorization 
     of the primary care provider with respect to such care under 
     the plan or coverage.
       ``(b) Construction.--Nothing in subsection (a)(2)(B) shall 
     waive any requirements of coverage relating to medical 
     necessity or appropriateness with respect to coverage of 
     gynecological care so ordered.''.
       (b) Individual Market.--The first subpart 3 of part B of 
     title XXVII of the Public Health Service Act (42 U.S.C. 
     300gg-51 et seq.) (relating to other requirements), as 
     amended by the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999 (Public Law 105-277) is 
     amended--
       (1) by redesignating such subpart as subpart 2; and
       (2) by adding at the end the following:

     ``SEC. 2753. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE.

       ``The provisions of section 2707 shall apply to health 
     insurance coverage offered by a health insurance issuer in 
     the individual market in the same manner as they apply to 
     health insurance coverage offered by a health insurance 
     issuer in connection with a group health plan in the small or 
     large group market.''.

     SEC. 4. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

       Subchapter B of chapter 100 of the Internal Revenue Code of 
     1986 is amended--
       (1) in the table of sections, by inserting after the item 
     relating to section 9812 the following new item:

``Sec. 9813. Access to obstetrical and gynecological care.''; and
       (2) by inserting after section 9812 the following:

     ``SEC. 9813. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE.

       ``(a) In General.--If a group health plan, or a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, requires or provides for a participant or 
     beneficiary to designate a participating primary care 
     provider--
       ``(1) the plan or issuer shall permit such an individual 
     who is a female to designate a participating physician who 
     specializes in obstetrics and gynecology as the individual's 
     primary care provider in lieu of or in addition to the 
     designation by such individual of a provider who does not 
     specialize in obstetrics and gynecology as the primary care 
     provider; and
       ``(2) if such an individual has not designated a physician 
     who specializes in obstetrics or gynecology as a primary care 
     provider, the plan or issuer--
       ``(A) may not require authorization or a referral by the 
     individual's primary care provider or otherwise for coverage 
     of routine gynecological care (such as preventive women's 
     health examinations) and pregnancy-related services provided 
     by a participating health care professional who specializes 
     in obstetrics and gynecology to the extent such care is 
     otherwise covered, and
       ``(B) may treat the ordering of other gynecological care by 
     such a participating health professional as the authorization 
     of the primary care provider with respect to such care under 
     the plan or coverage.
       ``(b) Construction.--Nothing in subsection (a)(2)(B) shall 
     waive any requirements of coverage relating to medical 
     necessity or appropriateness with respect to coverage of 
     gynecological care so ordered.''.

     SEC. 5. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsection (c), the 
     amendments made by this Act shall apply with respect to plan 
     years beginning on or after the date of enactment of this 
     Act.
       (b) Special Rule for Collective Bargaining Agreements.--In 
     the case of a group health plan maintained pursuant to 1 or 
     more collective bargaining agreements between employee 
     representatives and 1 or more employers ratified before the 
     date of enactment of this Act, the amendments made by this 
     Act shall not apply to plan years beginning before the later 
     of--
       (1) the date on which the last collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of enactment of this Act), or
       (2) January 1, 2000.

     For purposes of paragraph (1), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement added by this Act shall not be treated as a 
     termination of such collective bargaining agreement.
       (c) Individual Market.--The amendment made by section 3(b) 
     shall apply to health insurance coverage offered, sold, 
     issued, renewed, in effect, or operated in the individual 
     market on or after the date of enactment of this Act.

     SEC. 6. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to require a 
     participating physician to accept designation as a primary 
     care provider.
                                 ______
                                 
      By Mr. MURKOWSKI:
  S. 698. A bill to review the suitability and feasibility of 
recovering costs of high altitude rescues at Denali National Park and 
Preserve in the state of Alaska, and for other purposes; to the 
Committee on Energy and Natural Resources.


high altitude rescues at denali national park and preserve in the state 
                               of alaska

 Mr. MURKOWSKI. Mr. President, today I am introducing 
legislation that would require the Secretary of the Interior to report 
to Congress on the feasibility and desirability of recovering the cost 
to taxpayers of rescuing high altitude climbers on Mt. McKinley in 
Denali National Park and Preserve in the State of Alaska.
  Mr. President, Denali National Park and Preserve attracts 
approximately 355,000 visitors per year who come to see the wildlife, 
the grandeur of our State, and to gaze at America's highest peak. Most 
are unaware that while they are taking in the breathtaking vista that 
is Mt. McKinley, there are approximately another 1,100 persons per year 
that are attempting to attain the 20,320 summit.
  Climbing Mt. McKinley is certainly no easy walk in the Park. A 
typical year sees a dozen major rescue incidents and one or two fatal 
accidents. Extreme and unpredictable weather on Mt. McKinley make high 
altitude rescues very dangerous and very expensive.
  Over the last few years the National Park Service has actively and 
successfully worked to reduce the loss of life and injury to climbers 
who have attempted to climb this mountain. The NPS spends more than 
$750,000 per year for education; pre-positioning supplies and materials 
at various altitudes on the mountain; the positioning of a special high 
altitude helicopter in the Park; and actual rescue attempts.
  Just last year the military and the Park Service spent four days and 
$221,818 rescuing 6 sick and injured

[[Page S3253]]

British climbers who disregarded warnings and advice from park rangers 
stationed on the mountain. This rescue included what is probably the 
world's highest short haul helicopter rescue at 19,000 feet and 
entailed a very high level of risk for the rescue team. This is just 
one example of many rescues the Park Service conducts each year on Mt. 
McKinley.
  Mr. President, I personally do not feel that the American taxpayer 
should be left with the bill for rescues on this mountain. The Federal 
Government does not force these climbers to climb; they engage in this 
activity voluntarily and with full knowledge of the risks. While I 
admire the courage and tenacity of mountain climbers, I do not think it 
is fair to divert scarce park funds from services that benefit the 
majority of park visitors for the purpose of providing extraordinarily 
expensive services to a small number of users who put themselves in 
harm's way with their eyes wide open. Mountain climbers are a special 
breed who are proud of their self-sufficiency and independence-- and 
rightly so. For that reason I think they should recognize the simple 
equity of paying their fair share of the public costs of their sport.
  As a result of a recent field hearing on this issue, I found that 
while I have received many letters of support, there are a few stalwart 
individuals who do not agree with my point of view and have raised some 
legitimate questions. That is why I want the Secretary of the Interior 
to look at the feasibility and desirability of some sort of a cost 
recovery system that puts a minimal burden on climbers, whether it be 
an insurance requirement, bonding, or any other proposal. The pros and 
cons of these cost recovery mechanisms need to be carefully explored 
before we act.
  Last but not least, Mr. President, I want the Secretary to evaluate 
requiring climbers to show proof of medical insurance so that hospitals 
in Alaska and elsewhere are not left holding the bag as they sometimes 
are under present circumstances. It is a good neighbor policy that 
should be put into effect at the earliest opportunity.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Breaux):
  S. 699. A bill to protect the public, especially senior citizens, 
against telemarketing fraud, including fraud over the Internet, and to 
authorize an educational campaign to improve senior citizens' ability 
to protect themselves against telemarketing fraud; to the Committee on 
the Judiciary.


           THE TELEMARKETING FRAUD AND SENIORS PROTECTION ACT

  Mr. WYDEN. Mr. President, online consumer purchases are exploding, 
having topped more than $8 billion last year. But the goldrush in 
cyberbuying is likely to carry along with it a boom in cyberfraud. As 
with telemarketing fraud, fraudulent schemes over the Internet are 
increasingly aimed at seniors--some of our most vulnerable citizens. 
Congress can help head-off this cybercrime by extending our current 
telemarketing laws to encompass fraud on the Net. That is the purpose 
of the legislation I am introducing today.
  In response to the staggering $40 billion consumers lose in telephone 
fraud each year, Congress passed the l998 Telemarketing Fraud 
Prevention Act. I strongly supported that effort. The new law builds 
upon the four federal laws enacted since the early 1990s that deal 
directly with telemarketing fraud. The 1998 law stiffens penalties for 
telemarketing fraud by toughening the sentencing guidelines--especially 
for crimes against the elderly, requires criminal forfeiture to ensure 
the booty of telemarketing crime is not used to commit further fraud, 
mandates victim restitution to ensure victims are the first ones 
compensated, adds conspiracy language to the list of telemarketing 
fraud penalties so that prosecutors can find the masterminds behind the 
boiler rooms, and will help law enforcement zero in on quick-strike 
fraud operations by giving them the authority to move more quickly 
against suspected fraud.
  The 1998 law is a good step forward but it's not enough to deal with 
today's digital economy. As more Americans--and especially seniors--go 
online, cyberscams are proliferating. The Congressional crackdown on 
telemarketing fraud will only encourage cyberscammers to migrate to the 
Net unless the law gets there first. That is the purpose of the 
legislation I am pleased to introduce today with Senator Baucus.
  The Telemarketing Fraud and Seniors Protection Act, which I 
introduced last year as S. 2587, simply extends current law against 
telemarketing fraud to include the same crimes committed over the 
Internet. The approach expands the existing law applicable to mail, 
telephone, wire, and television fraud to fraud over the Internet, and 
its enforcement would follow the same division of labor there is today 
between the Federal Trade Commission (FTC) and the Department of 
Justice. The bill would apply the same tough penalties that Congress 
enacted in l998 to cyberscams. The growth of Internet telephony makes 
it more attractive for cyberscammers to set up shop offshore, beyond 
the reach of U.S. law. My bill would address this problem by allowing 
law enforcement to freeze the assets and deny entry to the United 
States of those convicted of cyberfraud.
  The bill takes special aim against those attempt to defraud one of 
our most vulnerable groups--our senior citizens. Seniors are the target 
for more than 50 percent of telemarketing fraud. Although telemarketers 
convicted of fraud face stiff penalties--a minimum of 5-10 years in 
jail and restitution payments to their victims, we also need to better 
educate and inform senior citizens on how to avoid becoming victims of 
telemarketing fraud in the first place, and how to assist law 
enforcement in catching the perpetrators.
  The legislation would also authorize the Administration on Aging, 
through its network of area agencies of aging, to conduct an outreach 
program to senior citizens on telemarketing fraud. Seniors would be 
advised against providing their credit card number, bank account or 
other personal information unless they had initiated the call 
unsolicited. They would also be informed of their consumer protection 
rights and any toll-free numbers and other resources to report 
suspected illegal telemarketing.
  Mr. President, the Federal Trade Commission is off to a good start 
against cyberscammers. Some of the operations the FTC has targeted are 
not companies at all, but merely websites that promise consumers 
everything from huge new consulting contracts to the elimination of bad 
credit reports. They may use scare tactics to frighten consumers into 
sending important personal financial information and hundreds of 
dollars for services the consumer will never see, or attempt to lure 
consumers with the promise of helping them cash in on the Internet 
explosion. The FTC also has a strong operation going against junk e-
mailers. My legislation will complement and strengthen the FTC's effort 
to target telemarketing fraud over the Internet and especially when 
such fraud is aimed at seniors.
  I am pleased to be joined in this effort by Senator Baucus. This 
legislation is similar to that which Rep. Weygand has introduced in the 
House of Representatives. I urge my colleagues in the Senate to 
cosponsor this important legislation, and ask unanimous consent that a 
copy of the legislation be printed in the Record.
  There being no objection, the bill was ordered to printed in the 
Record, as follows:

                                 S. 699

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
        TITLE I--TELEMARKETING FRAUD AND SENIORS PROTECTION ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Telemarketing Fraud and 
     Seniors Protection Act''.

     SEC. 102. FINDINGS.

       Congress makes the following findings:
       (1) Telemarketing fraud costs consumers nearly 
     $40,000,000,000 each year.
       (2) Senior citizens are often the target of telemarketing 
     fraud.
       (3) Fraudulent telemarketers compile into so-called ``mooch 
     lists'' the names of consumers who are potentially vulnerable 
     to telemarketing fraud.
       (4) According to the American Association of Retired 
     Persons, 56 percent of the names on such ``mooch lists'' are 
     individuals age 50 or older.
       (5) The Department of Justice has undertaken successful 
     investigations and prosecutions of telemarketing fraud 
     through various

[[Page S3254]]

     operations, including ``Operation Disconnect'', ``Operation 
     Senior Sentinel'', and ``Operation Upload''.
       (6) The Federal Bureau of Investigation has helped provide 
     resources to assist organizations such as the American 
     Association of Retired Persons to operate outreach programs 
     designed to warn senior citizens whose names appear on 
     confiscated ``mooch lists''.
       (7) The Administration on Aging was formed, in part, to 
     provide senior citizens with the resources, information, and 
     assistance their special circumstances require.
       (8) The Administration on Aging has a system in place to 
     inform senior citizens of the dangers of telemarketing fraud.
       (9) Senior citizens need to be warned of the dangers of 
     telemarketing fraud before they become victims of such fraud.

     SEC. 103. PURPOSE.

       It is the purpose of this title to protect senior citizens, 
     through education and outreach, from the dangers of 
     telemarketing fraud and fraud over the Internet and to 
     facilitate the investigation and prosecution of fraudulent 
     telemarketers.

     SEC. 104. DISSEMINATION OF INFORMATION.

       (a) In General.--The Secretary of Health and Human 
     Services, acting through the Assistant Secretary of Health 
     and Human Services for Aging, shall publicly disseminate in 
     each State information designed to educate senior citizens 
     and raise awareness about the dangers of telemarketing fraud 
     and fraud over the Internet.
       (b) Information.--In carrying out subsection (a), the 
     Secretary shall--
       (1) inform senior citizens of the prevalence of 
     telemarketing fraud targeted against them;
       (2) inform senior citizens how telemarketing fraud works;
       (3) inform senior citizens how to identify telemarketing 
     fraud;
       (4) inform senior citizens how to protect themselves 
     against telemarketing fraud, including an explanation of the 
     dangers of providing bank account, credit card, or other 
     financial or personal information over the telephone to 
     unsolicited callers;
       (5) inform senior citizens how to report suspected attempts 
     at telemarketing fraud;
       (6) inform senior citizens of their consumer protection 
     rights under Federal law; and
       (7) provide such other information as the Secretary 
     considers necessary to protect senior citizens against 
     fraudulent telemarketing.
       (c) Means of Dissemination.--The Secretary shall determine 
     the means to disseminate information under this section. In 
     making such determination, the Secretary shall consider--
       (1) public service announcements;
       (2) a printed manual or pamphlet;
       (3) an Internet website; and
       (4) telephone outreach to individuals whose names appear on 
     so-called ``mooch lists'' confiscated from fraudulent 
     telemarketers.
       (d) Priority.--In disseminating information under this 
     section, the Secretary shall give priority to areas with high 
     concentrations of senior citizens.

     SEC. 105. AUTHORITY TO ACCEPT GIFTS.

       The Secretary of Health and Human Services may accept, use, 
     and dispose of unconditional gifts, bequests, or devises of 
     services or property, both real and personal, in order to 
     carry out this title.

     SEC. 106. DEFINITION.

       For purposes of this title, the term ``State'' includes the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     the Virgin Islands, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands.
            TITLE II--TELEMARKETING FRAUD OVER THE INTERNET

     SEC. 201. EXTENSION OF CRIMINAL FRAUD STATUTE TO INTERNET.

       (a) Extension.--Section 1343 of title 18, United States 
     Code, is amended by--
       (1) by inserting ``(a)'' before ``Whoever'';
       (2) in subsection (a), as so designated, by striking ``or 
     television communication'' and inserting ``television, or 
     Internet communication''; and
       (3) by adding at the end thereof the following:
       ``(b) For purposes of this section, the term `Internet' 
     means collectively the myriad of computer and 
     telecommunications facilities, including equipment and 
     operating software, which comprise the interconnected world-
     wide network of networks that employ the Transmission Control 
     Protocol/Internet Protocol, or any predecessor or successor 
     protocols to such protocol, to communicate information of all 
     kinds by wire or radio.''.
       (b) Conforming and Clerical Amendments.--(1) The section 
     heading of such section is amended to read as follows:

     ``Sec. 1343. Fraud by wire, radio, television, or Internet''.

       (2) The table of sections at the beginning of chapter 63 of 
     that title is amended by striking the item relating to 
     section 1343 and inserting the following new item:

``1343. Fraud by wire, radio, television, or Internet.''.

     SEC. 202. FEDERAL TRADE COMMISSION SANCTIONS.

       (a) Rulemaking to Apply Sanctions.--The Federal Trade 
     Commission shall initiate a rulemaking proceeding to set 
     forth the application of section 5 of the Federal Trade 
     Commission Act (15 U.S.C. 45), and other statutory provisions 
     within its jurisdiction, to deceptive acts or practices in or 
     affecting the commerce of the United States in connection 
     with the promotion, advertisement, offering for sale, or sale 
     of goods or services through use of the Internet, including 
     the initiation, transmission, and receipt of unsolicited 
     commercial electronic mail.
       (b) Internet Defined.--In this section, the term 
     ``Internet'' means collectively the myriad of computer and 
     telecommunications facilities, including equipment and 
     operating software, which comprise the interconnected world-
     wide network of networks that employ the Transmission Control 
     Protocol/Internet Protocol, or any predecessor or successor 
     protocols to such protocol, to communicate information of all 
     kinds by wire or radio.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 700. A bill to amend the National Trails System Act to designate 
the Ala Kahakai Trail as a National Historic Trail; to the Committee on 
Energy and Natural Resources.


                ala kahakai national historic trail act

  Mr. AKAKA. Mr. President, along with my senior colleague from Hawaii, 
Senator Dan Inouye, today I am introducing legislation to authorize 
designation of the Ala Kahakai (``Trail by the Sea''), on the Island of 
Hawaii, as a National Historic Trail.
  The Ala Kahakai is the modern name for an approximately 175-mile 
portion of the ancient shoreline footpath, the Ala Loa (``Long 
Trail''), that once circumscribed the island of Hawaii. The Ala Loa 
served as the major land route connecting more than 600 communities of 
the island kingdom of Hawaii between the 15th and 18th centuries. It is 
associated with many prehistoric and historic housing areas, most of 
the royal centers and temples of the island, a number of major battles, 
and the facilitation of government functions such as tax collection.
  Of more recent significance, a key section of the trail is associated 
with the series of events that unfolded between 1779 and 1820 that had 
lasting consequences for Hawaiian cultural evolution: Captain Cook's 
landing and subsequent death at Kealakekua Bay in 1779; Kamehameha's 
rise to power and consolidation of the Hawaiian Islands under 
monarchical rule; the death of Kamehameha I in 1819, followed by the 
overthrow of the ancient religious system, the kapu: and, finally, the 
arrival of the first Western missionaries in 1820.
  Interest in preserving this important Hawaiian cultural legacy has 
been growing since the 1970s, when the State of Hawaii began developing 
Na Ala Hele (``Trails for Walking''), a proposal for cooperative 
management of the statewide trail system. I 1988, the concept evolved 
into the Hawaii Statewide Trail and Access System, whose mission is to 
develop trail access while conserving Hawaii's environmental and 
cultural heritage.
  The Na Ala Hele planning process called for the development of a 
demonstration trail for each of Hawaii's major islands, including a 35-
mile demonstration trail on the Big Island of Hawaii. In introduced 
legislation (P.L. 120-361) in 1992 proposing that NPS study whether an 
expanded, 175-mile version of the Big Island trail, the Ala Kahakai, 
should be incorporated into the National Trails System.
  Pursuant to P.L. 120-461, the National Park Service undertook a study 
to evaluate the desirability and feasibility of establishing the Ala 
Kahakai as a national trail. In January 1998, after a long process of 
consultation with federal, state, local authorities and other 
interests, and after a period of public review, the study (``Ala 
Kahakai National Trail Study and Final Environmental Impact 
Statement'') was completed. In August 1998, the Secretary of the 
Interior, with the concurrence of the National Park System Advisory 
Board, endorsed the study's principle recommendation that the Ala 
Kahakai be designated a National Historic Trail.
  According to the study, the trail meets all of the three criteria for 
historic trail designation. To wit: it must be a trail or route 
established by historic use and must be historically significant as 
result of that use; it must be of national significance with respect to 
any of several broad facets of American history, such as trade and 
commerce, exploration, migration and settlement, or military campaigns; 
and, it must have significant potential for public recreational use or 
historical interest based on historic interpretation and appreciation.

[[Page S3255]]

  In addition, the study suggested that the trail not only qualifies 
for designation as a National Historic Trail, but that it has the 
potential to be designated a National Scenic Trail (although to do so 
would trivialize its historical and cultural significance) and may well 
be eligible for the National Register of Historic Places.
  The study presented four alternatives for the management of the Ala 
Kahakai: (a) no action, (b) a national historic trail (continuous), (c) 
a state historic trail, and a national historic trail (discontinuous)--
ultimately recommending alternative ``b'' as the best means to preserve 
and restore the trail and maximize public access to the entire route. 
The preferred alternative assumes recognition of a continuous route 
that, over time, could become continuous on the ground.
  It is fairly clear that reestablishing the 175-mile route is 
physically possible. Although some parts of the trail have been covered 
by lava, eroded by tides, or otherwise sustained damage from natural 
and human processes, these sections can be bridged through recreational 
trail links. In some cases, the trail can be rebuilt using traditional 
construction methods.
  About half (93 miles, or 53 percent) of the proposed trail is in 
local, state, or federal government ownership, and 82 miles cross 
private lands. Of the latter, 16 miles have been dedicated, through 
planning requirements, as public land. Of the remaining 66 miles of 
trail on private lands, as much as 35 miles are classified as ``ancient 
trail'' and thus claimable as state-owned under Hawaiian law. For the 
remaining sections of trail that are not ancient trail, or for which 
the state's claim has been forfeited in some way, landowner 
participation would be entirely voluntary.
  Mr. President, I urge my colleagues to support this legislation, 
which is key to preserving and interpreting an important Hawaiian 
legacy that is threatened by time, neglect, and modern activity. The 
Ala Kahakai boasts more cultural and historical resources than any 
other trail in the National Trails System. Its designation as a 
national historic trail would help us preserve one of the most 
important and evocative legacies of Hawaii's indigenous history and 
culture. I hope that Congress will act quickly on this measure, to 
ensure that the trail can be developed as a resource for all Americans 
to enjoy.
  Thank you, Mr. President. This measure is supported by State and 
local authorities as well as a wide spectrum of community 
organizations. I ask unanimous consent that the text of the bill, a 
letter of support from Hawaii Governor Ben Cayetano, as well as the 
Department of Interior's Record of Decision on this issue be printed in 
the Record.
  There being no objection, the material was ordered to printed in the 
Record, as follows:

                                 S. 700

       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 ``Ala Kahakai National 
     Historic Trail Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Ala Kahakai (Trail by the Sea) is an important part 
     of the ancient trail known as the ``Ala Loa'' (the long 
     trail), which circumscribes the island of Hawaii;
       (2) the Ala Loa was the major land route connecting 600 or 
     more communities of the island kingdom of Hawaii from 1400 to 
     1700;
       (3) the trail is associated with many prehistoric and 
     historic housing areas of the island of Hawaii, nearly all 
     the royal centers, and most of the major temples of the 
     island;
       (4) the use of the Ala Loa is also associated with many 
     rulers of the kingdom of Hawaii, with battlefields and the 
     movement of armies during their reigns, and with annual 
     taxation;
       (5) the use of the trail played a significant part in 
     events that affected Hawaiian history and culture, 
     including--
       (A) Captain Cook's landing and subsequent death in 1779;
       (B) Kamehameha I's rise to power and consolidation of the 
     Hawaiian Islands under monarchical rule; and
       (C) the death of Kamehameha in 1819, followed by the 
     overthrow of the ancient religious system, the Kapu, and the 
     arrival of the first western missionaries in 1820; and
       (6) the trail--
       (A) was used throughout the 19th and 20th centuries and 
     continues in use today; and
       (B) contains a variety of significant cultural and natural 
     resources.

     SEC. 3. AUTHORIZATION AND ADMINISTRATION.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended--
       (1) by designating the paragraphs relating to the 
     California National Historic Trail, the Pony Express National 
     Historic Trail, and the Selma to Montgomery National Historic 
     Trail as paragraphs (18), (19), and (20), respectively; and
       (2) by adding at the end the following:
       ``(21) Ala kahakai national historic trail.--
       ``(A) In general.--The Ala Kahakai National Historic Trail 
     (the Trail by the Sea), a 175 mile long trail extending from 
     Upolu Point on the north tip of Hawaii Island down the west 
     coast of the Island around Ka Lae to the east boundary of 
     Hawaii Volcanoes National Park at the ancient shoreline 
     temple known as `Wahaulu', as generally depicted on the map 
     entitled `Ala Kahakai Trail', contained in the report 
     prepared pursuant to subsection (b) entitled `Ala Kahakai 
     National Trail Study and Environmental Impact Statement', 
     dated January 1998.
       ``(B) Map.--A map generally depicting the trail shall be on 
     file and available for public inspection in the Office of the 
     National Park Service, Department of the Interior.
       ``(C) Administration.--The trail shall be administered by 
     the Secretary of the Interior.
       ``(D) Land acquisition.--No land or interest in land 
     outside the exterior boundaries of any federally administered 
     area may be acquired by the United States for the trail 
     except with the consent of the owner of the land or interest 
     in land.
       ``(E) Public participation; consultation.--The Secretary of 
     the Interior shall--
       ``(i) encourage communities and owners of land along the 
     trail, native Hawaiians, and volunteer trail groups to 
     participate in the planning, development, and maintenance of 
     the trail; and
       ``(ii) consult with affected Federal, State, and local 
     agencies, native Hawaiian groups, and landowners in the 
     administration of the trail.''.
                                  ____



                                           Executive Chambers,

                                           Honolulu, July 1, 1998.
     Subject: Congressional Nomination of the Ala Kahakai National 
         Historic Trail on Hawaii.
     John J. Reynolds,
     Regional Director, National Park Service, Pacific West 
         Region, Pacific Great Basin Support Office, San 
         Francisco, CA.
       Dear Mr. Reynolds: This letter is in regards to the 
     potential inclusion of the historic Ala Kahakai alignment on 
     the island of Hawaii as a part of the National Trail System. 
     Senator Daniel K. Akaka and Senator Daniel K. Inouye 
     introduced federal legislation in 1992, that authorized the 
     National Park Service (NPS) to conduct a National Trail Study 
     and Environmental Impact Statement (NTS/EIS) for the United 
     States Congress, to determine if the Ala Kahakai qualified as 
     a National Historic Trail and to also determine the 
     feasibility of implementing the project.
       During the NTS/EIS process, NPS conducted four 
     informational meetings on the island of Hawaii to solicit 
     public sentiment on the possible National Trail status and on 
     the four proposed management scenarios identified in the 
     draft NTS/EIS. The final NTS/EIS recommends inclusion of the 
     Ala Kahakai in the National Trail System, through 
     implementation of Alternative B, which establishes NPS 
     administration and oversight of the trail in coordination 
     with the state and county. The State of Hawaii concurs with 
     Alternative B, but with the following concerns: (1) 
     Congressional approval of Ala Kahakai as a National Trail, 
     without the commensurate funding, may actually contribute to 
     the decline of the associated natural and cultural resources 
     due to the probable resulting increase in public demand for 
     access to the trail and related resources, and (2) it is also 
     imperative that the concerns of native Hawaiians and adjacent 
     private landowners are addressed during development of the 
     management plan.
       I commend the NPS in their treatment of the Ala Kahakai in 
     the NTS/EIS, and support Congressional approval of the 
     National Trail designation. The Ala Kahakai is a very 
     significant cultural and recreational resource, and a formal 
     parthership among all the participating agencies, Hawaiian 
     cultural representatives, landowners, trail user groups and 
     individuals will help to assure the sustainability of this 
     valuable historic trail.
       With warmest personal regards,
           Aloha,
     Benjamin J. Cayetano.
                                  ____


        Final Environmental Impact Statement--Record of Decision

       Summary: Pursuant to Sec. 102(2)(C) of the National 
     Environmental Policy Act of 1969 and the regulations 
     promulgated by the Council on Environmental Quality (40 CFR 
     Part 1500), the Department of the Interior, National Park 
     Service has prepared this Record of Decision for the Final 
     Environmental Impact Statement for the National Trail Study 
     for Ala Kahakai. This 175-mile trail is located parallel to 
     the western and southern shoreline of the Island of Hawaii, 
     from Upolu Point on the north to the eastern boundary of 
     Hawaii Volcanoes National Park. This document is a concise 
     statement of decisions made, alternatives considered, basis 
     for the decision, and mitigating measures developed to avoid 
     or minimize environmental impacts.

[[Page S3256]]

       Recommendation: This National Trail Study (Study) and Final 
     Environmental Impact Statement (FEIS) were prepared to 
     provide the United States Congress and the public with 
     information about the resources in the study area and how 
     they relate to criteria for the National Trails System 
     (System). The decision on whether to designate the Ala 
     Kahakai as a National Historic Trail will be made by Congress 
     after transmittal of the Study and Record of Decision (ROD) 
     by the Secretary of the Interior. The National Park Service 
     (NPS) recommends Alternative B, National Historic Trail 
     (continuous), as the environmentally preferred alternative 
     (and which is described in the FEIS for which the Notice of 
     Availability was published in the Federal Register on April 
     29, 1998). Out of four alternatives identified and analyzed, 
     the recommended alternative offers the best opportunity to 
     protect trail resources, educate the public about the history 
     and significant of the island shoreline trail, or ala loa, 
     and the Hawaiian culture, and provide high quality 
     recreation. The Draft Environmental Impact Statement (DEIS) 
     for the Study did not recommend on alternative. The DEIS was 
     issued in July 1997, and the public review period ended on 
     October 17, 1997.
       Findings: The NPS concludes that the Ala Kahakai meets the 
     three criteria as a National Historic Trail as outlined in 
     the National Trails System Act. The NPS also concludes that 
     establishing a continuous trail is physically feasible.
       The NPS concludes that desirability of recognizing the 
     trail rest on two key items: first; communities along the 
     way, native Hawaiians, and landowners all be involved in 
     planning and implementing the trail; and second, adequate 
     funding must be ensured at the time the trail is designated 
     to protect cultural and natural resources. If the trail is 
     designated without adequate funding at the outset, resources 
     may be more threatened by unregulated increase public use 
     then they already are.
       The National Park System Advisory Committee agreed at their 
     November 1997 meeting that the Ala Kahakai does have National 
     Historic Significance based on the criteria developed under 
     the Historic Sites Act of 1935.
       Recommended Alternative: Under this alternative, National 
     Historic Trail (continuous), Alternative B, the trail would 
     be recognized as a continuous route and over time would 
     become continuous on the ground. Intact segments of the 
     prehistoric and historic ala loa would be preserved and 
     protected in place. These segments would be linked with later 
     trails or reconstructed trails, as feasible, to create a 
     continuous trail. It is anticipated that, once records of 
     title are reviewed, most of the trail will be owned in fee 
     simple by the state and reserved for use of the public under 
     the Highways Act of 1892. The NPS would administer and have 
     oversight of the trail in close coordination with the state 
     and county. Nonfederally-owned portions of the trail would 
     become official components of the National Trail only through 
     agreements with landowners or land managers.
       The NPS would prepare a management plan with the active 
     involvement of native Hawaiians, landowners, trail users, and 
     other interested groups and individuals. An advisory council 
     would be appointed by the Secretary of the Interior. The 
     National Trail would be interpreted as a portion of the 
     ancient ala loa and as a traditional cultural property of 
     continuing importance to native Hawaiians. The management 
     plan would include a uniform marker for identifying the 
     trail. State and local agencies, private landowners, local 
     groups, and individuals would manage the trail on the ground. 
     Natural, cultural, and ethnographic resources would be 
     inventoried and protected before trail segments would be 
     promoted for public use. No Federal land acquisition is 
     anticipated (it is expected that any legislation designating 
     the trail would include language prohibiting land acquisition 
     except with the consent of the owner). All current State and 
     County land use regulations would continue to apply to lands 
     adjacent to the trail.
       Estimated federal costs for this alternative (presented in 
     the FEIS in 1997 dollars) are as follows: management plan and 
     initial brochure, $275,000; phased costs (archaeological 
     surveys and ethnography, trail identification, restoration, 
     and construction), trailhead and campsite development, 
     facility planning) $3,679,000; and annual operations cost, 
     $265,000.
       Other Alternatives Considered: Three other alternatives 
     were considered. The No-Action Alternative, Alternative A, 
     would result in continuing the present conditions. The Ala 
     Kahakai would remain as the 35-mile state demonstration 
     trail. Piecemeal trail and resource protection would be 
     reactionary as development or other threats occur. The trail 
     would be a disconnected series of trail segments emphasizing 
     lateral shoreline access. Over time, as records of title are 
     researched for various reasons, most of the 175-mile trail 
     would be owned in fee simple by the state and reserved for 
     public use, but the ala loa and its role in the lives of 
     ancient and contemporary Hawaiians would not be consistently 
     recognized and interpreted. There would be no overall 
     administration of the trail as a unified whole as part of a 
     system of island trails.
       The State Historic Trail Alternative, Alternative C, would 
     require state legislation to recognize the 175-mile trail as 
     a continuous portion of the ala loa. The legislation would 
     outline the requirements of a state management plan and the 
     needs for protection of resources. It is anticipated that the 
     state trails and access program, Na Ala Hele, would 
     administer the trail. To achieve the vision for the trail, 
     the state would need to appropriate funds specifically for 
     the planning, protection, development, interpretation, and 
     maintenance of the trail. Since the state is likely to own 
     most of the trail in fee simple, this alternative would 
     appear to be viable.
       The National Historic Trail (discontinuous) Alternative, 
     Alternative D, would be similar to Alternative B, except that 
     the trail would be recognized as a continuous route, but only 
     intact prehistoric and historic sections would be protected 
     and interpreted for the public. The trail would not be 
     continous on the ground.
       Four additional options were considered but rejected as 
     non-viable.
       Basis for the Recommendation: In 1992, the U.S. Congress 
     enacted legislation providing for a study of the potential 
     inclusion of the Ala Kahakai into the System. National Trail 
     Studies must determine whether a trail meets eligibility 
     requirements and whether it is feasible and desirable to add 
     it to the System. The NPS found the trail meets the 
     eligibility criteria, and determined it to be feasible and 
     desirable to designate it as a unit of the System if certain 
     conditions are met.
       In addition, National Trail Studies analyze a range of 
     conceptual alternatives for managing the trail, including a 
     no-action, a national trail, and other feasible alternatives. 
     It is NPS policy to fulfill its conservation planning-impact 
     analysis and other stewardship obligations through preparing 
     an EIS for National Trail Studies. Also as a matter of 
     policy, the NPS recommends an alternative, fully recognizing 
     that Congress is the decision-making body.
       Each alternative in the Ala Kahakai FEIS considers natural, 
     cultural, scenic and visual, and recreational resources, and 
     the socio-economic environment. Of the four alternatives, the 
     recommended alternative offers the best opportunity to 
     protect trail resources, educate the public about the history 
     and significance of the ala loa and the Hawaiian culture, and 
     provide high quality recreation. It would treat the 175-mile 
     trail as a single system, rather than as a series of 
     unrelated segments, providing a context for protection and 
     interpretation. This approach would better protect the 
     resources than the piecemeal approach provided under 
     Alternative A, No-Action, or the segmented approach under 
     Alternative D, National Historic Trail (discontinuous). Under 
     the No-Action Alternative, trail resources could be lost to 
     continuing development and lack of public awareness of trail 
     resource values. Opportunities would be lost to interpret the 
     Ala Kahakai as part of the ala loa. Further, Alternative C, 
     State Historic Trail, may appear to be a likely management 
     scenario (since the state anticipates that it will own most 
     of the trail once land titles are investigated), but the 
     State does not appear to have the funds or enough staff to 
     plan for and manage the entire trail. The recommended 
     alternative would allow NPS administration, coordination, 
     oversight, and technical assistance to bolster state and 
     local management of the trail.
       Measures to Minimize Harm: The FEIS addresses conceptual 
     management options for the Ala Kahakai. Supplementary 
     conservation planning and impact analysis would be necessary, 
     in conjunction with preparing a management plan; tiered 
     environmental documents for specific trail projects would be 
     prepared as they occur and as appropriate. The FEIS includes 
     practicable means at a programmatic level to avoid or 
     minimize environmental harm. For instance, it is essential 
     that no section of trail be opened for public use unless and 
     until a management plan, prepared in concert with landowners 
     and native Hawaiians along the segment, is completed and 
     maintenance and protection of cultural and natural resources 
     provided for. Cultural resources and traditional cultural 
     properties would be identified and ethnographies prepared. 
     Native Hawaiian cultural experts would advise on planning and 
     managing the trail. Native Hawaiians, landowners, communities 
     along the way, trail users, and others would be involved in 
     planning for and managing the trail. Natural resources (which 
     are often perceived as cultural resources to Native 
     Hawaiians) would be inventoried and measures taken to protect 
     archaeological sites and threatened and endangered species 
     before any portion of the trail is promoted for public use. 
     Anchialine ponds would be identified and inventoried and a 
     range of protection measures considered before encouraging 
     trail use near them. Effects of trail use on cultural and 
     natural resources would be monitored as feasible and 
     appropriate.
       Public Review: The DEIS was developed after public scoping 
     through five public meetings, numerous agency and 
     organization meetings, distribution of meeting summaries, and 
     a newsletter series. Alternatives were developed through a 
     workshop process, and an initial opportunity for public 
     contributions was afforded through a newsletter with response 
     form. The DEIS was issued in late July 1997 and the public 
     review period ended on October 17, 1997. Also during this 
     period the NPS conducted four public meetings and received 67 
     written comments during the 60-day public review period. The 
     FEIS (noticed in the Federal Register on April 29, 1998) 
     included responses to 39 letters from agencies, landowners, 
     organizations,

[[Page S3257]]

     and individuals who raised specific issues. In general, the 
     landowners who commented on the DEIS preferred the No Action 
     Alternative, and the organizations and individuals who 
     responded preferred the National Historic Trail (continuous) 
     Alternative. No significant new issues were raised which 
     would require the development of a new alternative, although 
     the FEIS clarified the impacts to land use section, the 
     intent of Alternative B, and revised the cost estimate. The 
     30-day no-action period began on April 3, 1998 and ended on 
     May 4, 1998.
       During the no-action period, two typographic corrections 
     were noted (and are incorporated by reference):
       1. On page 39, the abbreviation for MLCD is reversed 
     several times.
       2. On page 49, the name ``Kekaha Kai'' is misspelled.
       Also during this period several comments were received. 
     These communications neither surfaced new issues or concerns, 
     nor provided information to add to the FEIS. However, since 
     the FEIS provided the first public opportunity to review the 
     NPS recommendation, all comments received are summarized 
     below to ensure that Congress and interested parties are 
     fully apprised of all views. Moreover, all written 
     communications received during the entire environmental 
     compliance process are on file in the NPS's Pacific Great 
     Basin Support Office in San Francisco.


                 comments supporting the recommendation

       The U.S. Fish and Wildlife Service supported the 
     recommendation and expressed interest in working with the 
     NPS, the state, and all cooperators on management strategies 
     to protect endangered plants and animals, and their habitats, 
     if the trail is designated a National Historic Trail.
       A Hawaii County Council member supported of the 
     recommendation; his letter is attached to the Record of 
     Decision at the request of Senator Daniel Akaka.
       E Mau Na Ala Hele, a non-profit trails support group, 
     supported the recommendation and emphasized the need for 
     local control and management.
       Wailea Property Owners' Association generally supported the 
     recommendation, but noted concerns for litter, waste, and 
     crime, and requested that the trail be non-motorized.
       Several individuals wrote, e-mailed, or telephoned their 
     support for the recommendation.


                   comments supporting other options

       The President of Ka Ohana O KaLae, a Puna District kinship 
     group, rejected all alternatives because the coastal area 
     ``must fall under jurisdiction of the Native Hawaiian tenant 
     living in that particular portion of ahupuaa.''
       Waikoloa Resort supported Alternative A and indicated it 
     would not cooperate with Federal designation of the trail.
       Kona Kohala Resort Association supported Alternative A and 
     expressed concern about increased landowner burden under the 
     recommended alternative.
       Chalon International continued to question not including 
     the entire ``Cordy report'' in the FEIS.
       Kamehameha Schools Bernice Pauhai Bishop Estate reiterated 
     their belief that the Ala Kahakai is a collection of 
     fragmented remnants and thus opposed designation of a 
     National Trail along the Hawaii coastline.
       Skycliff Investment, L.L.C. questioned the listing in 
     Appendix G of 0.89 miles of the Ala Kahakai passing over 
     their property. As new owners they did not have the 
     opportunity to comment on the DEIS. They cautioned avoidance 
     of regulatory taking without compensation and asked to be 
     consulted on any developments related to the Ala Kahakai 
     Study.
       The Hawaii Leeward Planning Conference restated concerns 
     noted in the FEIS.
       Oceanside 1250 wrote three letters: one commented on other 
     letters included in the FEIS; the other two restated concerns 
     noted in the FEIS.
       Conclusion: The National Trail Study, Draft and Final EIS, 
     and Record of Decision will be transmitted to Congress by the 
     Secretary of the Interior. The decision on whether to 
     designate the Ala Kahakai as a National Historic Trail will 
     be made by Congress.
                                  ____



                                                  U.S. Senate,

                                   Washington, DC, April 24, 1998.
     Superintendent,
     Pacific Great Basin Support Office, National Park Service, 
         San Francisco, CA.
       Dear Superintendent: Please include the enclosed remarks of 
     J. Curtis Tyler III, Council Member, County Council of 
     Hawaii, as part of the public comment record on the National 
     Trail Study and Final Environmental Impact Statement for the 
     Ala Kahakai.
       Thank you for your attention to this matter.
           Aloha pumehana,
                                                  Daniel K. Akaka,
                                                     U.S. Senator.
       Enclosure.
                                  ____

                                                   County Council,


                                             County of Hawaii,

                                          Hilo HI, April 13, 1998.
     Re: Final EIS, Ala Kahakai, Hawai'i Island.
     Daniel K. Akaka,
     U.S. Senate,
     Washington, DC.
       Dear Senator Akaka: I have reviewed a copy of the above 
     referenced study and wish to submit the following brief 
     comments:
       As a Native Hawaiian and an elected public official, I 
     encourage the Congress and National Park Service to include 
     Ala Kahakai in the National Trail System. I believe that, as 
     both a traditional cultural and public resource, this trail 
     is totally unique and of enormous significance and value. 
     Therefore, its conservation and protection are extremely 
     important, not only to present and future generations of 
     Native Hawaiians, but to the general public as well.
       I believe that inclusion of this trail will afford greater 
     opportunities to attract the resources necessary to conserve 
     and protect it. This is especially important in light of the 
     fiscal and other constraints now being experienced in the 
     State of Hawaii.
       I am aware that some feel inclusion may further compromise 
     this special asset, but I am confident that, as long as the 
     the trail remains a part of the public trust, and there is a 
     willingness and open mechanism to consider and implement the 
     perspectives and wishes of local residents, including Native 
     Hawaiians, the end result will be superior to leaving this 
     matter only in the hands of state and local governments.
       Finally, I wish to commend you and all those who have 
     worked on this project. In my opinion, the work has been done 
     in a sensitive and thorough manner, and demonstrates a true 
     commitment on your part to seek and ensure that the life of 
     this land will continue to be perpetuated in that which is 
     pono.
       Thank you for the opportunity to comment on this important 
     matter. Please do not hesitate to contact me if I can be of 
     further assistance.
           Sincerely,
                                             J. Curtis Tyler, III,
                                       Council Member, District 8.
                                 ______
                                 
      By Mr. MOYNIHAN (for himself and Mr. Schumer):
  S. 701. A bill to designate the Federal building located at 290 
Broadway in New York, New York, as the ``Ronald H. Brown Federal 
Building''; to the Committee on Environment and Public Works.


                    RONALD H. BROWN FEDERAL BUILDING

  Mr. MOYNIHAN. Mr. President, I rise with my colleague Senator Schumer 
to introduce a bill to honor and remember a truly exceptional American, 
Ronald H. Brown. The bill would designate the newly constructed Federal 
building located at 290 Broadway in the heart of lower Manhattan as the 
``Ronald H. Brown Federal Building.''
  It is a fitting gesture to recognize the passing of this remarkable 
American, and I would ask for my colleagues' support for this 
legislation to place one more marker in history on Ron Brown's behalf.
  Ron Brown had a great love for enterprise and industry as reflected 
in his achievements as the first African-American to hold the office of 
U.S. Secretary of Commerce. His was also a life of outstanding 
achievement and public service: Army captain; vice president of the 
National Urban League; partner in a prestigious law firm; chairman of 
the Democratic National Committee; husband and father. And these are 
but a few of the achievements that demonstrated Ron Brown's spirited 
and sweeping pursuit of life.
  To have held any one of these posts in the government, and in the 
private sector, is extraordinary. To have held all of the positions he 
did and prevail as he did, is unique. Ron Brown was tragically taken 
from us too soon; we are diminished by his loss. I cannot think of a 
more fitting tribute to this uncommon man.
  I ask unanimous consent that the text of the Ronald H. Brown Federal 
Building Designation Act of 1999, be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 701

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

     SECTION 1. DESIGNATION OF RONALD H BROWN FEDERAL BUILDING.

       The Federal building located at 290 Broadway in New York, 
     New York, shall be known and designated as the ``Ronald H. 
     Brown Federal Building''.

     SEC. 2 REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the building referred 
     to in section 1 shall be deemed to be a reference to the 
     ``Ronald H. Brown Federal Building''.

   Mr. SCHUMER. Mr. President, I am honored to join my 
colleague, the Senior Senator from New York, Pat Moynihan, to introduce 
this bill to honor Ronald H. Brown, a gifted and committed public 
servant. This legislation, which we offer in concert with a similar 
measure authored by our friend and House colleague Congressman Charles

[[Page S3258]]

Rangel, would designate the newly constructed Federal building at 290 
Broadway in Manhattan as the ``Ronald H. Brown Federal Building.''
  A New Yorker raised on Lennox Avenue in Harlem, Ron Brown loved his 
country and ultimately gave his life in service to it. An Army captain, 
vice-president of the National Urban League, Chairman of the Democratic 
National Committee, Ron Brown became the first African-American to 
serve as Secretary of Commerce in 1993, breathing new life and purpose 
into that agency. President Clinton, in praising Brown's work there, 
once told Commerce Department employees that Brown ``was one of the 
best advisors and ablest people I ever knew.''
  Brown's life was marked by a passion, and determination, to ensure 
that the promise of liberty and opportunity rang true for all 
Americans. At the Urban League and then at the DNC, he worked 
ceaselessly to promote civil rights and economic development for 
minorities. Later as Secretary of Commerce, Ron Brown traversed the 
globe in efforts to remove trade barriers and reinforce the American 
values of fair labor practices and human rights.
  Less than three years ago, we lost Secretary Brown and 32 American 
businessmen, Commerce employees, and military personnel in a tragic 
plane crash in Croatia. Today we offer this measure as our tribute. A 
uniquely talented and beloved man, Ron Brown is sorely missed.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mrs. Boxer, Mr. Kerry, Mr. Leahy, Mr. 
        Inouye, Mr. Torricelli, Mr. Kennedy, Ms. Mikulski, and Mrs. 
        Murray):
  S. 702. A bill to amend the Fair Labor Standards Act of 1938 to 
prohibit discrimination in the payment of wages on account of sex, 
race, or national origin, and for other purposes; to the committee on 
Health, Education, Labor, and Pensions.


                          fair pay act of 1999

  Mr. HARKIN. Mr. President, there is perhaps no other form of 
discrimination that has as direct an impact on the day-to-day lives of 
workers as wage discrimination. A recent survey of working women found 
receiving fair pay is one of their top concerns. When women aren't paid 
what they're worth, we all get cheated. That's why we are introducing 
the Fair Pay Act of 1999--to ensure equal pay for work of equal value 
for all Americans.
  The Equal Pay Act of 1963 prohibits sex-based discrimination in 
compensation for doing the same job. However, this statute fails to 
address other major parts of the pay equity problem such as job 
segregation. Current law has not reached far enough to combat wage 
discrimination when employers routinely pay lower wages to jobs that 
are dominated by women. More than 30 years after the passage of the 
Equal Pay Act, women's wages still seriously lag behind their male 
counterparts' wages. The central problem is that we continue to 
undervalue and underpay work done by women.
  The Fair Pay Act is designed to pick up where the Equal Pay Act left 
off. The heart of the bill seeks to eliminate wage discrimination based 
upon sex, race or national origin. This important legislation would 
amend the Fair Labor Standards Act of 1938 to make it illegal for 
employers to discriminate against women and minorities by paying them 
less in jobs that are comparable in skill, effort, responsibility and 
working conditions.
  The Fair Pay Act would apply to each company individually and would 
prohibit companies from reducing other employees' wages to achieve pay 
equity. Seven states have passed and implemented laws to close the wage 
gap for state employees and they didn't go bankrupt doing it. Canada 
also passed similar pay equity laws that apply to both the government 
and private sectors.
  Wage gaps can result from differences in education, experience or 
time in the workforce and the Fair Pay Act in no way interferes with 
that. But just as there is a glass ceiling in the American workplace, 
there is also a ``Glass Wall'' encountered by women who have similar 
skills and have the similar responsibilities as their male 
counterparts, but still do not receive the same pay.
  For example, a study of Los Angeles County employees showed social 
workers were paid $35,000 a year while probation officers were paid 
$55,000. That's a $20,000 difference, although the jobs required 
similar skills, education and working conditions. This is what the Fair 
Pay Act aims to fix.
  A February 1999 report by the Institute for Women's Policy Research 
and the AFL-CIO found that families lose an average of $3,446 a year 
because of unequal pay in female-dominated jobs. That's $420,000 over a 
lifetime of the average woman.
  Mr. President, persistent wage gaps for working women and people of 
color and the earnings inequality these gaps connote translate into 
lower pay, less family income and more poverty for working families. 
The solution, long overdue, is fair pay for women and minority workers.
  Please join us in support of Fair Pay Act of 1999.
  Mr. President, I ask unanimous consent that the text of the bill and 
a summary of the legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 702

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

     SECTION 1. SHORT TITLE AND REFERENCE.

       (a) Short Title.--This Act may be cited as the ``Fair Pay 
     Act of 1999''.
       (b) Reference.--Except as provided in section 8, whenever 
     in this Act an amendment or repeal is expressed in terms of 
     an amendment to, or repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 201 et seq.).

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Wage rate differentials exist between equivalent jobs 
     segregated by sex, race, and national origin in Government 
     employment and in industries engaged in commerce or in the 
     production of goods for commerce.
       (2) The existence of such wage rate differentials--
       (A) depresses wages and living standards for employees 
     necessary for their health and efficiency;
       (B) prevents the maximum utilization of the available labor 
     resources;
       (C) tends to cause labor disputes, thereby burdening, 
     affecting, and obstructing commerce;
       (D) burdens commerce and the free flow of goods in 
     commerce; and
       (E) constitutes an unfair method of competition.
       (3) Discrimination in hiring and promotion has played a 
     role in maintaining a segregated work force.
       (4) Many women and people of color work in occupations 
     dominated by individuals of their same sex, race, and 
     national origin.
       (5)(A) A General Accounting Office analysis of wage rates 
     in the civil service of the State of Washington found that in 
     1985 of the 44 jobs studied that paid less than the average 
     of all equivalent jobs, approximately 39 percent were female-
     dominated and approximately 16 percent were male dominated.
       (B) A study of wage rates in Minnesota using 1990 Decennial 
     Census data found that 75 percent of the wage rate 
     differential between white and non-white workers was 
     unexplained and may be a result of discrimination.
       (6) Section 6(d) of the Fair Labor Standards Act of 1938 
     prohibits discrimination in compensation for ``equal work'' 
     on the basis of sex.
       (7) Title VII of the Civil Rights Act of 1964 prohibits 
     discrimination in compensation because of race, color, 
     religion, national origin, and sex. The Supreme Court, in its 
     decision in County of Washington v. Gunther, 452 U.S. 161 
     (1981), held that title VII's prohibition against 
     discrimination in compensation also applies to jobs that do 
     not constitute ``equal work'' as defined in section 6(d) of 
     the Fair Labor Standards Act of 1938. Decisions of lower 
     courts, however, have demonstrated that further clarification 
     of existing legislation is necessary in order effectively to 
     carry out the intent of Congress to implement the Supreme 
     Court's holding in its Gunther decision.
       (8) Artificial barriers to the elimination of 
     discrimination in compensation based upon sex, race, and 
     national origin continue to exist more than 3 decades after 
     the passage of section 6(d) of the Fair Labor Standards Act 
     of 1938 and the Civil Rights Act of 1964. Elimination of such 
     barriers would have positive effects, including--
       (A) providing a solution to problems in the economy created 
     by discrimination through wage rate differentials;
       (B) substantially reducing the number of working women and 
     people of color earning low wages, thereby reducing the 
     dependence on public assistance; and
       (C) promoting stable families by enabling working family 
     members to earn a fair rate of pay.

     SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.

       (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by 
     adding at the end the following:

[[Page S3259]]

       ``(h)(1)(A)(i) Except as provided in clause (ii), no 
     employer having employees subject to any provision of this 
     section shall discriminate, within any establishment in which 
     such employees are employed, between employees on the basis 
     of sex, race, or national origin by paying wages to employees 
     in such establishment in a job that is dominated by employees 
     of a particular sex, race, or national origin at a rate less 
     than the rate at which the employer pays wages to employees 
     in such establishment in another job that is dominated by 
     employees of the opposite sex or of a different race or 
     national origin, respectively, for work on equivalent jobs.
       ``(ii) Nothing in clause (i) shall prohibit the payment of 
     different wage rates to employees where such payment is made 
     pursuant to--
       ``(I) a seniority system;
       ``(II) a merit system; or
       ``(III) a system that measures earnings by quantity or 
     quality of production.
       ``(iii) The Equal Employment Opportunity Commission shall 
     issue guidelines specifying criteria for determining whether 
     a job is dominated by employees of a particular sex, race, or 
     national origin. Such guidelines shall not include a list of 
     such jobs.
       ``(B) An employer who is paying a wage rate differential in 
     violation of subparagraph (A) shall not, in order to comply 
     with the provisions of such subparagraph, reduce the wage 
     rate of any employee.
       ``(2) No labor organization or its agents representing 
     employees of an employer having employees subject to any 
     provision of this section shall cause or attempt to cause 
     such an employer to discriminate against an employee in 
     violation of paragraph (1)(A).
       ``(3) For purposes of administration and enforcement of 
     this subsection, any amounts owing to any employee that have 
     been withheld in violation of paragraph (1)(A) shall be 
     deemed to be unpaid minimum wages or unpaid overtime 
     compensation under this section or section 7.
       ``(4) As used in this subsection:
       ``(A) The term `labor organization' means any organization 
     of any kind, or any agency or employee representation 
     committee or plan, in which employees participate and which 
     exists for the purpose, in whole or in part, of dealing with 
     employers concerning grievances, labor disputes, wages, rates 
     of pay, hours of employment, or conditions of work.
       ``(B) The term `equivalent jobs' means jobs that may be 
     dissimilar, but whose requirements are equivalent, when 
     viewed as a composite of skills, effort, responsibility, and 
     working conditions.''.
       (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) 
     is amended in the matter before paragraph (1) by striking 
     ``section 6(d)'' and inserting ``sections 6(d) and 6(h)''.

     SEC. 4. PROHIBITED ACTS.

       Section 15(a) (29 U.S.C. 215(a)) is amended--
       (1) by striking the period at the end of paragraph (5) and 
     inserting a semicolon; and
       (2) by adding after paragraph (5) the following new 
     paragraphs:
       ``(6) to discriminate against any individual because such 
     individual has opposed any act or practice made unlawful by 
     section 6(h) or because such individual made a charge, 
     testified, assisted, or participated in any manner in an 
     investigation, proceeding, or hearing to enforce section 
     6(h); or
       ``(7) to discharge or in any other manner discriminate 
     against, coerce, intimidate, threaten, or interfere with any 
     employee or any other person because the employee inquired 
     about, disclosed, compared, or otherwise discussed the 
     employee's wages or the wages of any other employee, or 
     because the employee exercised, enjoyed, aided, or encouraged 
     any other person to exercise or enjoy any right granted or 
     protected by section 6(h).''.

     SEC. 5. REMEDIES.

       Section 16 (29 U.S.C. 216) is amended--
       (1) by adding at the end the following:
       ``(f) In any action brought under this section for 
     violation of section 6(h), the court shall, in addition to 
     any other remedies awarded to the prevailing plaintiff or 
     plaintiffs, allow expert fees as part of the costs. Any such 
     action may be maintained as a class action as provided by the 
     Federal Rules of Civil Procedure.'';
       (2) in subsection (b), by striking ``section 15(a)(3)'' 
     each place it occurs and inserting ``paragraphs (3), (6), and 
     (7) of section 15(a)''; and
       (3) in the fourth sentence of subsection (b), by striking 
     ``No employees'' and inserting ``Except with respect to class 
     actions brought under subsection (f), no employees''.

     SEC. 6. RECORDS.

       (a) Technical Amendment.--Section 11(c) (29 U.S.C. 211(c)) 
     is amended by inserting ``(1)'' after ``(c)''.
       (b) Records.--Section 11(c) (as amended by subsection (a)) 
     is further amended by adding at the end the following:
       ``(2)(A) Every employer subject to section 6(h) shall 
     preserve records that document and support the method, 
     system, calculations, and other bases used by the employer in 
     establishing, adjusting, and determining the wage rates paid 
     to the employees of the employer. Every employer subject to 
     section 6(h) shall preserve such records for such periods of 
     time, and shall make such reports from the records to the 
     Equal Employment Opportunity Commission, as shall be 
     prescribed by the Equal Employment Opportunity Commission by 
     regulation or order as necessary or appropriate for the 
     enforcement of the provisions of section 6(h) or any 
     regulation promulgated pursuant to section 6(h).''.
       (c) Small Business Exemptions.--Section 11(c) (as amended 
     by subsections (a) and (b)) is further amended by adding at 
     the end the following:
       ``(B)(i) Every employer subject to section 6(h) that has 25 
     or more employees on any date during the first or second year 
     after the effective date of this paragraph, or 15 or more 
     employees on any date during any subsequent year after such 
     second year, shall, in accordance with regulations 
     promulgated by the Equal Employment Opportunity Commission 
     under subparagraph (F), prepare and submit to the Equal 
     Employment Opportunity Commission for the year involved a 
     report signed by the president, treasurer, or corresponding 
     principal officer, of the employer that includes information 
     that discloses the wage rates paid to employees of the 
     employer in each classification, position, or job title, or 
     to employees in other wage groups employed by the employer, 
     including information with respect to the sex, race, and 
     national origin of employees at each wage rate in each 
     classification, position, job title, or other wage group.''.
       (d) Protection of Confidentiality.--Section 11(c) (as 
     amended by subsections (a) through (c)) is further amended by 
     adding at the end the following:
       ``(ii) The rules and regulations promulgated by the Equal 
     Employment Opportunity Commission under subparagraph (F), 
     relating to the form of such a report, shall include 
     requirements to protect the confidentiality of employees, 
     including a requirement that the report shall not contain the 
     name of any individual employee.''.
       (e) Use; Inspections; Examinations; Regulations.--Section 
     11(c) (as amended by subsections (a) through (d)) is further 
     amended by adding at the end the following:
       ``(C) The Equal Employment Opportunity Commission may 
     publish any information and data that the Equal Employment 
     Opportunity Commission obtains pursuant to the provisions of 
     subparagraph (B). The Equal Employment Opportunity Commission 
     may use the information and data for statistical and research 
     purposes, and compile and publish such studies, analyses, 
     reports, and surveys based on the information and data as the 
     Equal Employment Opportunity Commission may consider 
     appropriate.
       ``(D) In order to carry out the purposes of this Act, the 
     Equal Employment Opportunity Commission shall by regulation 
     make reasonable provision for the inspection and examination 
     by any person of the information and data contained in any 
     report submitted to the Equal Employment Opportunity 
     Commission pursuant to subparagraph (B).
       ``(E) The Equal Employment Opportunity Commission shall by 
     regulation provide for the furnishing of copies of reports 
     submitted to the Equal Employment Opportunity Commission 
     pursuant to subparagraph (B) to any person upon payment of a 
     charge based upon the cost of the service.
       ``(F) The Equal Employment Opportunity Commission shall 
     issue rules and regulations prescribing the form and content 
     of reports required to be submitted under subparagraph (B) 
     and such other reasonable rules and regulations as the Equal 
     Employment Opportunity Commission may find necessary to 
     prevent the circumvention or evasion of such reporting 
     requirements. In exercising the authority of the Equal 
     Employment Opportunity Commission under subparagraph (B), the 
     Equal Employment Opportunity Commission may prescribe by 
     general rule simplified reports for employers for whom the 
     Equal Employment Opportunity Commission finds that because of 
     the size of the employers a detailed report would be unduly 
     burdensome.''.

     SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE 
                   PROGRAM; REPORT TO CONGRESS.

       Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the 
     end the following:
       ``(4) The Equal Employment Opportunity Commission shall 
     conduct studies and provide information and technical 
     assistance to employers, labor organizations, and the general 
     public concerning effective means available to implement the 
     provisions of section 6(h) prohibiting wage rate 
     discrimination between employees performing work in 
     equivalent jobs on the basis of sex, race, or national 
     origin. Such studies, information, and technical assistance 
     shall be based on and include reference to the objectives of 
     such section to eliminate such discrimination. In order to 
     achieve the objectives of such section, the Equal Employment 
     Opportunity Commission shall carry on a continuing program of 
     research, education, and technical assistance including--
       ``(A) conducting and promoting research with the intent of 
     developing means to expeditiously correct the wage rate 
     differentials described in section (6)(h);
       ``(B) publishing and otherwise making available to 
     employers, labor organizations, professional associations, 
     educational institutions, the various media of communication, 
     and the general public the findings of studies and other 
     materials for promoting compliance with section 6(h);
       ``(C) sponsoring and assisting State and community 
     informational and educational programs; and
       ``(D) providing technical assistance to employers, labor 
     organizations, professional associations and other interested 
     persons on


[[Page S3260]]

     means of achieving and maintaining compliance with the 
     provisions of section 6(h).
       ``(5) The report submitted biennially by the Secretary to 
     Congress under paragraph (1) shall include a separate 
     evalution and appraisal regarding the implementation of 
     section 6(h).''.

     SEC. 8. CONFORMING AMENDMENTS.

       (a) Congressional Employees.--
       (1) Application.--Section 203(a)(1) of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1313(a)(1)) is amended--
       (A) by striking ``subsections (a)(1) and (d) of section 6'' 
     and inserting ``subsections (a)(1), (d), and (h) of section 
     6''; and
       (B) by striking ``206 (a)(1) and (d)'' and inserting ``206 
     (a)(1), (d), and (h)''.
       (2) Remedies.--Section 203(b) of such Act (2 U.S.C. 
     1313(b)) is amended by inserting before the period the 
     following: ``or, in an appropriate case, under section 16(f) 
     of such Act (29 U.S.C. 216(f))''.
       (b) Executive Branch Employees.--
       (1) Application.--Section 413(a)(1) of title 3, United 
     States Code, as added by section 2(a) of the Presidential and 
     Executive Office Accountability Act (Public Law 104-331; 110 
     Stat. 4053), is amended by striking ``subsections (a)(1) and 
     (d) of section 6'' and inserting ``subsections (a)(1), (d), 
     and (h) of section 6''.
       (2) Remedies.--Section 413(b) of such title is amended by 
     inserting before the period the following: ``or, in an 
     appropriate case, under section 16(f) of such Act''.

     SEC. 9. EFFECTIVE DATE.

       The amendments made by this Act shall take effect 1 year 
     after the date of enactment of this Act.
                                  ____
                                  

                         Fair Pay Act--Summary

       The bill amends the Fair Labor Standards Act of 1938 to 
     prohibit discrimination in wages paid to employees within a 
     workplace in equivalent/comparable jobs solely on the basis 
     of a worker's sex, race or national origin.
       It requires employers to preserve records on wage setting 
     practices and file annual reports with the EEOC. Reports 
     would disclose the wage rates paid for jobs within the 
     company as well as the sex, race and national origin of 
     employees within these positions. Confidentiality of the 
     names is mandated.
       The bill exempts small businesses that have 25 employees or 
     less the first two years and 15 employees or less after the 
     second year the legislation is enacted.
       It directs the EEOC to provide technical assistance to 
     employers and report to Congress on the progress of the Act's 
     implementation. However, it is up to the individual business 
     to determine wages and job equivalency within the 
     organization.
       The bill includes non-retaliation protections for employees 
     inquiring about or assisting in investigations related to the 
     Act.
       It prohibits companies from reducing wages to achieve pay 
     equity.
                                 ______
                                 
      By Mr. SMITH of New Hampshire (for himself, Mr. Craig, Mr. 
        Inhofe, and Mr. Helms):
  S. 703. A bill to amend section 922 of chapter 44 of title 18, United 
States Code; to the Committee on the Judiciary.


                      Brady Act Amendments of 1999

  Mr. SMITH of New Hampshire. Mr. President, I rise to introduce a bill 
that I am calling the ``Brady Act Amendments of 1999,'' which would 
remove ``long guns'' from the requirements of the National Instant 
Criminal Background Check System (NICS). I am pleased to be joined by 
my distinguished colleagues, Senators Craig, Inhofe, and Helms, as 
original co-sponsors.
  Mr. President, Congress has imposed many restrictions on firearms 
sales over the years, with no apparent effect on reducing crime. By 
contrast, the most effective crime fighting initiatives have been 
undertaken at the state and local levels. Many states have dramatically 
reduced crime by increasing their incarceration rates. Local 
governments, such as that of Richmond, Virginia, reduced crime rates by 
aggressively prosecuting cases involving possession of firearms by 
convicted felons and drug dealers--not by imposing any new restrictions 
on the purchase of firearms.
  In fact, Mr. President, states that have fewer restrictions on the 
purchase of firearms have more favorable crime reduction trends than 
other states. Despite all of the favorable media fanfare over the Brady 
Act, states that were covered by its ``waiting period'' phase until the 
NICS went into effect late last year actually had worse crime trends 
than other states.
  The Federal Bureau of Investigation notes that out of the total 
number of homicides in a recent reporting period that were committed 
with firearms, less than 7% were committed with rifles, and less than 
7% were committed with shotguns. Out of the total number of homicides, 
rifles and shotguns each were used in 4%, while knives, which may be 
purchased without clearance by the NICS, were used in 13% of such 
cases.
  Mr. President, my bill would amend the Brady Act to make the NICS 
apply not to firearms in general, but only to handguns.
  Mr. President, I ask unanimous consent to have the text of my bill 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 703

       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 ``Brady Act Amendments of 
     1999.''

     SEC. 2. LIMITATION OF COVERAGE OF BRADY ACT TO HANDGUNS.

       Subsection (t) of section 922 of chapter 44 of Title 18, 
     United States Code, is amended by striking ``firearm'' in 
     paragraphs (1), (2), (4), (5), and (6), and the first time it 
     appears in paragraph (3), and inserting in lieu thereof 
     ``handgun.''
                                 ______
                                 
      By Mr. KYL (for himself, Mr. Johnson, Mr. Hatch, Mr. Thurmond, 
        Mr. Inouye, Mr. Grassley, Mr. Dorgan, Mr. Sessions, Mr. 
        Cleland, Mr. Ashcroft, Mrs. Lincoln, and Mr. Abraham):
  S. 704. A bill to amend title 18, United States Code, to combat the 
overutilization of prison health care services and control rising 
prisoner health care costs; to the Committee on the Judiciary.

                          ____________________