[Congressional Record Volume 143, Number 145 (Friday, October 24, 1997)]
[Senate]
[Pages S11192-S11205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. FAIRCLOTH:
S. 1313. A bill to establish an Office of National Security within
the Securities and Exchange Commission, provide for the monitoring of
the extent of foreign involvment in U.S. securities markets, financial
institutions, and pension funds, and for other purposes; to the
Committee on Banking, Housing, and Urban Affairs.
THE U.S. MARKET SECURITY ACT OF 1997
Mr. FAIRCLOTH. Mr. President, on October 28 the President of the
People's Republic of China will begin an official state visit to this
country. Jiang Zemin is coming. It is reported, as a gift to him, the
Clinton administration will applaud China's policy on weapons
proliferation.
As a reward for China's responsible behavior, President Clinton and
Vice President Gore plan to willingly, without reservation, share our
most sensitive nuclear technology with China.
There is something very suspicious about this drastic shift in U.S.
foreign policy. I cannot understand why the administration would
negotiate this kind of deal?
Hasn't the CIA told us that China serves as the weapons clearinghouse
of the world? Why in the world would President Clinton seek to abandon
a longstanding Federal law that has prohibited American corporations
from selling nuclear technology to Communist China.
It appears this is payback time.
Senator Thompso9n and the Governmental Affairs Committee have spent
the last few months searching for why China would funnel illegal
contributions into American political campaigns. Perhaps the pieces of
the puzzle are starting to come together.
Clearly, the Chinese Government wants the best American technology
for both military and commercial use. China wants both nuclear weapons
and nuclear powerplants.
Apparently, President Clinton And vice President Gore are convinced
that the best American nuclear technology is none too good for Beijing.
Now I understand that there are some very good American companies
which stand to make billions from this deal. Certainly the foreign
policy establishment is excited about all of the new lobbying and
consulting possibilities. But aren't there some far more important
factors to be considered?
Let me remind the Clinton administration that its own Central
Intelligence Agency concluded in July that the People's Republic of
China had become the most significant supplier of nuclear and chemical
weapons technology to foreign countries.
Let me remind the Clinton administration that the People's Republic
of China sold chemical weapons materials to Iran and missiles and ring
magnets used to process uranium to Pakistan.
Let me remind the Clinton administration that the People's Republic
of China has a long history of misrepresenting the use of American
technology it buys and then reselling it to other nations, often
terrorist countries like Iran.
Mr. President, selling nuclear technology to the Chinese is a
terrible idea. Even worse, however, is the thought that Americans are
paying for it too.
Since 1989, the Peoples Republic of China and various businesses
connected to the Chinese Government have issued nearly $7 billion in
bonds denominated in United States dollars.
China itself has issued some $2.7 billion in such bonds.
The Chinese International Trading and Investment Co., Chaired by Wang
Jung, reportedly connected to the Chinese Army, has issued $800 million
in bonds in the United States during the past few years.
If Mr. Jung's name sounds familiar--its because he was at the White
House having coffee with the President on February 6, 1996. What a
delightful man for a tea party.
It was also discovered that Mr. Jung's other company, Poly
Technologies, was responsible for smuggling AK-47's to Los Angeles
gangs.
This is the man that was at the tea party.
The Bank of China has also issued some $80 million in dollar
denominated bonds in the United States. This is the same bank that
wired money to Charlie Trie on a regular basis.
Mr. President, my greatest concern is that American mutual funds and
pension funds will end up owning these bonds. Where else is there for
them to go except to mutual funds and pension funds? To say that these
bonds are risky is putting a nice face on them. If these companies
default, they will stick the American taxpayer with the bill on the
Chinese bonds.
Today, I am introducing legislation that will require the SEC to
establish an office of national security that will routinely report to
the Congress on security offerings by foreign governments and
companies. This will also require the Pension Benefit Guaranty
Corporation to annually review America's pension funds and report on
the number of foreign securities being held.
It is time that Congress and the American public start paying
attention to this quiet financial invasion. We need to pay attention to
what is in America's retirement funds because we know who will pick up
the deficit.
Already, it has been reported that the Arkansas State Teachers'
Retirement Fund is holding roughly 40 percent of its assets in Pacific
rim entities, several of which are Chinese.
If so, this is a tragedy for people who worked all their lives and
are counting on that pension for their retirement peace of mind, when
in reality it might not happen.
Mr. President, maybe this administration thinks the American people
don't care about China's activities. Maybe I'm wrong, but I believe the
American people do care. They know the Chinese people are oppressed by
a
[[Page S11193]]
Communist government that uses capitalism when it is convenient to
further their death grip on political power.
They know that China engages in unfair trading practices which result
in a $50 billion trade deficit with the American people on an annual
basis. They know that China oppresses their people and flagrantly
violates human rights. They know China uses slave labor to make
products for sale. They know that China sells the internal organs of
executed prisoners on the black market. They know China infringes
patents by selling pirated copies of American products. They know the
People's Liberation Army is buying businesses in the United States as
fronts for their secretive dealings. They know China persecutes
Christians and religious believers.
I say to President Clinton and Vice President Gore that the American
people do care. And remember that while the People's Republic of China
may have supported their reelection campaigns, they do not support the
freedom campaign of their own people.
Selling highly sensitive nuclear technology to China is a bad idea
with extremely dangerous consequences. Permitting the invasion of our
capital markets is another bad idea with worse potential consequences.
I also believe that allowing China to own ports on both ends of the
Panama Canal is another bad idea, from whence they could dominate the
canal and will bring dangerous consequences to our national security.
The Clinton administration and this Congress will face a difficult
decision between two very strong competing forces--money and morality.
I hope they decide to do what is in the best interests of the American
people, not their foreign campaign donors that have all fled the
country.
______
By Mr. FAIRCLOTH:
S. 1315. A bill to establish an Office of National Security within
the Securities and Exchange Commission, provide for the monitoring of
the extent of foreign involvement in United States securities markets,
financial institutions, and pension funds, and for other purposes; to
the Committee on Banking, Housing, and Urban Affairs.
the tobacco transition act
Mr. LUGAR. Mr. President, I rise today to introduce legislation to
reform the federal tobacco quota and price support programs. This
legislation would provide economic assistance to tobacco quota owners,
tobacco producers, and tobacco-dependent communities as they make the
transition to the free market.
Nearly every American is aware of the global tobacco settlement
between 40 States' attorneys general and cigarette companies. Tobacco
farmers and their communities were conspicuously omitted from these
negotiations. Yet the settlement offers Congress a unique opportunity
to provide economic assistance to tobacco farmers while ending the
federal government's support for tobacco production.
My legislation would buy out tobacco marketing quotas, provide
transition payments to tobacco producers, phase out the price support
program, and provide economic assistance to tobacco-dependent
communities. The cost of these reforms would be approximately $15
billion and would be paid for with funds from the tobacco settlement.
Because farmers were not considered in the negotiations that led to
this settlement, this amount would be added to the current $368.5
billion.
Under my legislation, the tobacco quota program would end in 1999
and, beginning that year, the price support program would be phased out
over three years. In 1999, price supports would decline by 25 percent,
then by an additional 10 percent in each of 2000 and 2001, and would
end thereafter.
Quota owners would receive $8 for every pound of quota they own. They
could elect to receive either first, a lumpsum payment in 1999 if they
agree to cease tobacco production altogether, or second, three equal
annual payments beginning in 1999 if they choose to continue to produce
tobacco.
Tobacco producers would receive transition payments of 40 cents per
pound over 3 consecutive years for tobacco quota that they lease or
rent on a cash-rent or crop-share basis. Transition payments would be
based on the average of at least 3 years of production over the 1993-97
period. Producers who both own and lease quota would receive transition
payments based on their leased quota and a buyout based on the quota
they own.
Under this legislation, producers would be able to grow whatever
amounts of tobacco they choose--free of Government control. Most other
farm programs went through a similar change just last year when
Congress passed the freedom-to farm legislation. The global tobacco
settlement would provide the funds to assist tobacco farmers as they
join other farmers in the free market.
Communities that are economically dependent on tobacco production
would receive $300 million in economic assistance. Eligible States
would receive block grants to facilitate the development of alternative
crops, industries, and infrastructure. Recipient States would then
determine the areas most in need of assistance.
Mr. President, with or without a settlement, the forces to reform the
tobacco program have been converging for some time now and they can no
longer be ignored. High-domestic price supports have hurt the
competitiveness of U.S.-grown tobacco. Exports of tobacco have fallen,
while imports have grown. Congress has already ended Government control
over nearly every other farm commodity. And, most importantly, Congress
cannot ask Americans to accept Federal support for tobacco production
when we are considering legislation to settle claims that stem directly
from tobacco use.
Clearly, the tobacco program may not be sustainable for much longer.
With that reality facing all tobacco producers, we should not pass up
this opportunity to provide economic assistance to farmers and their
communities.
Mr. President, I ask unanimous consent that the text of the bill be
included in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1315
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tobacco
Transition Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--TOBACCO PRODUCTION TRANSITION
Subtitle A--Tobacco Transition Contracts
Sec. 101. Tobacco Transition Account.
Sec. 102. Offer and terms of tobacco transition contracts.
Sec. 103. Elements of contracts.
Sec. 104. Buyout payments to owners.
Sec. 105. Transition payments to producers.
Subtitle B--Rural Economic Assistance Block Grants
Sec. 111. Rural economic assistance block grants.
TITLE II--TOBACCO PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAMS
Subtitle A--Tobacco Price Support Program
Sec. 201. Interim reform of tobacco price support program.
Sec. 202. Termination of tobacco price support program.
Subtitle B--Tobacco Production Adjustment Programs
Sec. 211. Termination of tobacco production adjustment programs.
TITLE III--FUNDING
Sec. 301. Trust Fund.
Sec. 302. Commodity Credit Corporation.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to authorize the use of binding contracts between the
United States and tobacco quota owners and tobacco producers
to compensate them for the termination of Federal programs
that support the production of tobacco in the United States;
(2) to make available to States funds for economic
assistance initiatives in counties of States that are
dependent on the production of tobacco; and
(3) to terminate Federal programs that support the
production of tobacco in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Association.--The term ``association'' means a
producer-owned cooperative marketing association that has
entered into a loan agreement with the Commodity Credit
Corporation to make price support available to producers.
(2) Buyout payment.--The term ``buyout payment'' means a
payment made to a quota owner under section 104 in 1 or more
installments in accordance with section 102(c)(1).
[[Page S11194]]
(3) Contract.--The term ``contract'' or ``tobacco
transition contract'' means a contract entered into under
section 102.
(4) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(5) Lease.--The term ``lease'' means a rental of quota on
either a cash rent or crop share basis.
(6) Marketing year.--The term ``marketing year'' means--
(A) in the case of Flue-cured tobacco, the period beginning
July 1 and ending the following June 30; and
(B) in the case of each other kind of tobacco, the period
beginning October 1 and ending the following September 30.
(7) Owner.--The term ``owner'' means a person who, at the
time of entering into a tobacco transition contract, owns
quota provided by the Secretary.
(8) Phaseout period.--The term ``phaseout period'' means
the 3-year period consisting of the 1999 through 2001
marketing years.
(9) Price support.--The term ``price support'' means a
nonrecourse loan provided by the Commodity Credit Corporation
through an association for the kind of tobacco involved.
(10) Producer.--The term ``producer'' means a person who
during at least 3 of the 1993 through 1997 crops of tobacco
(as determined by the Secretary) that were subject to quota--
(A) leased quota;
(B) shared in the risk of producing a crop of tobacco; and
(C) marketed the tobacco subject to quota.
(11) Quota.--The term ``quota'' means the quantity of
tobacco produced in the United States, and marketed during a
marketing year, that will be used in, or exported from, the
United States during the marketing year (including an
adjustment for stocks), as estimated by the Secretary.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(13) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other territory or
possession of the United States.
(14) Tobacco.--The term ``tobacco'' means any kind of
tobacco for which a marketing quota is in effect or for which
a marketing quota is not disapproved by producers.
(15) Tobacco transition account.--The term ``Tobacco
Transition Account'' means the Tobacco Transition Account
established by section 101(a).
(16) Transition payment.--The term ``transition payment''
means a payment made to a producer under section 105 for each
of the 1999 through 2001 marketing years.
(17) Trust fund.--The term ``Trust Fund'' means the
National Tobacco Settlement Trust Fund established in the
Treasury of the United States consisting of amounts that are
appropriated or credited to the Trust Fund from the tobacco
settlement approved by Congress.
(18) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
TITLE I--TOBACCO PRODUCTION TRANSITION
Subtitle A--Tobacco Transition Contracts
SEC. 101. TOBACCO TRANSITION ACCOUNT.
(a) Establishment.--There is established in the Trust Fund
a Tobacco Transition Account.
(b) Use.--Funds appropriated or credited to the Tobacco
Transition Account shall be available for providing buyout
payments and transition payments authorized under this
subtitle.
(c) Termination.--The Tobacco Transition Account terminates
effective September 30, 2001.
SEC. 102. OFFER AND TERMS OF TOBACCO TRANSITION CONTRACTS.
(a) Offer.--The Secretary shall offer to enter into a
tobacco transition contract with each owner and producer of
tobacco.
(b) Terms.--Under the terms of a contract, the owner or
producer shall agree, in exchange for a payment made pursuant
to section 104 or 105, as applicable, to relinquish the value
of quota that is owned or leased.
(c) Rights of Owners and Producers.--
(1) Owners.--An owner shall elect to receive a buyout
payment in--
(A) 1 installment for the kind of tobacco involved, in
exchange for permanently foregoing production of tobacco; or
(B) 3 equal installments, 1 installment for each of the
1999 through 2001 crops of tobacco, in which case the owner
shall have the right to continue production of each of those
crops.
(2) Producers.--In the case of each of the 1999 through
2001 crops for the kind of tobacco involved, a producer who
is not an owner during the 1998 marketing year for the kind
of tobacco involved shall not be subject to any restrictions
on the quantity of tobacco produced or marketed.
SEC. 103. ELEMENTS OF CONTRACTS.
(a) Deadlines for Contracting.--
(1) Commencement.--To the maximum extent practicable, the
Secretary shall commence entering into contracts under this
subtitle not later than 90 days after the date of enactment
of this Act.
(2) Deadline.--The Secretary may not enter into a contract
under this subtitle after June 31, 1999.
(b) Duration of Contract.--
(1) Beginning date.--The term of a contract shall begin on
the date that is the beginning of the 1999 marketing year for
the kind of tobacco involved.
(2) Termination date.--
(A) In general.--Except as provided in subparagraph (B),
the term of a contract shall terminate on the date that is
the end of the 2001 marketing year for the kind of tobacco
involved.
(B) Exception.--In the case of an owner who enters into a
contract and elects to receive a buyout payment in 1
installment under section 102(c)(1)(A), the contract shall be
permanent.
(c) Time for Payment.--
(1) In general.--A buyout payment or transition payment
shall be made not later than the date that is the beginning
of the marketing year for the kind of tobacco involved for
each year of the term of a tobacco transition contract of an
owner or producer of tobacco.
(2) Applicability.--This subsection shall be applicable to
all payments covered by section 102(c).
SEC. 104. BUYOUT PAYMENTS TO OWNERS.
(a) In General.--During the phaseout period, the Secretary
shall make buyout payments to owners in accordance with
section 102(c)(1).
(b) Compensation for Lost Value.--The payment shall
constitute compensation for the lost value to the owner of
the quota.
(c) Payment Calculation.--Under this section, the total
amount of the buyout payment made to an owner shall be
determined by multiplying--
(1) $8.00; by
(2) the average annual quantity of quota owned by the owner
during the 1995 through 1997 crop years.
SEC. 105. TRANSITION PAYMENTS TO PRODUCERS.
(a) In General.--The Secretary shall make transition
payments during each of the 1999 through 2001 marketing years
for a kind of tobacco that was subject to a quota to a
producer who--
(1) produced the kind of tobacco during at least 3 of the
1993 through 1997 crop years; and
(2) entered into a tobacco transition contract.
(b) Transition Payments Limited to Leased Quota.--A
producer shall be eligible for transition payments only for
the portion of the production of the producer that is subject
to quota that is leased during the 3 crop years described in
subsection (a)(1).
(c) Compensation for Lost Revenue.--The payments shall
constitute compensation for the lost revenue incurred by a
tobacco producer during each of the 1999 through 2001
marketing years for the kind of tobacco involved.
(d) Election by Producer; Production.--
(1) Election.--The producer may elect which 3 of the 1993
through 1997 crop years shall be used for the calculation
under subsection (e).
(2) Production.--The producer shall have the burden of
demonstrating to the Secretary the production of tobacco for
each year of the election.
(e) Payment Calculation.--Under this section, each of the 3
transition payments made to a producer for the kind of
tobacco involved shall be determined by multiplying--
(1) 40 cents; by
(2) the average quantity of the kind of tobacco produced by
the producer during the 3 crop years elected by the producer
under subsection (d).
Subtitle B--Rural Economic Assistance Block Grants
SEC. 111. RURAL ECONOMIC ASSISTANCE BLOCK GRANTS.
(a) In General.--For each of fiscal years 1999 through
2001, the Secretary shall use funds in the Tobacco Transition
Account to provide block grants to tobacco-growing States to
assist areas of such a State that are economically dependent
on the production of tobacco.
(b) Funding.--To carry out this section, there shall be
credited to the Tobacco Transition Account, from the Trust
Fund, $100,000,000 for each of fiscal years 1999 through
2001.
(c) Payments by Secretary to Tobacco-Growing States.--
(1) In general.--The Secretary shall use the amount
available for a fiscal year under subsection (b) to make
block grant payments to the Governors of tobacco-growing
States.
(2) Amount.--The amount of a block grant paid to a tobacco-
growing State shall be based on--
(A) the number of counties in the State in which tobacco
production is a significant part of the county's economy; and
(B) the level of economic dependence of the county on
tobacco production.
(d) Grants by States to Assist Tobacco-Growing Areas.--
(1) In general.--A Governor of a tobacco-growing State
shall use the amount of the block grant to the State under
subsection (c) to make grants to counties or other public or
private entities in the State to assist areas that are
dependent on the production of tobacco, as determined by the
Governor.
(2) Amount.--The amount of a grant paid to a county or
other entity to assist an area shall be based on (as
determined by the Secretary)--
(A) the ratio of gross tobacco sales receipts in the area
to the total farm income in the area; and
(B) the ratio of all tobacco related receipts in the area
to the total income in the area.
[[Page S11195]]
(3) Use of grants.--A county or other entity that receives
a grant under this subsection shall use the grant in a manner
determined appropriate by the county or entity (with the
approval of the State) to assist producers and other persons
who are economically dependent on the production of tobacco,
including use for--
(A) on-farm diversification and alternatives to the
production of tobacco and risk management; and
(B) off-farm activities such as development of non-tobacco
related jobs.
(e) Termination of Authority.--The authority provided by
this section terminates October 1, 2001.
TITLE II--TOBACCO PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAMS
Subtitle A--Tobacco Price Support Program
SEC. 201. INTERIM REFORM OF TOBACCO PRICE SUPPORT PROGRAM.
(a) Price Support Rates.--Section 106 of the Agricultural
Act of 1949 (7 U.S.C. 1445) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The price support rate for each kind of
tobacco for which quotas have been approved shall be reduced
by--
``(1) for the 1999 crop, 25 percent from the 1998 support
rate for the kind of tobacco involved;
``(2) for the 2000 crop, 10 percent from the 1999 support
rate for the kind of tobacco involved; and
``(3) for the 2001 crop, 10 percent from the 2000 support
rate for the kind of tobacco involved.'';
(2) by striking subsections (b) and (f); and
(3) by redesignating subsection (c), (d), and (g) as
subsections (b), (c), and (d), respectively.
(b) Budget Deficit Assessment.--Section 106 of the
Agricultural Act of 1949 (7 U.S.C. 1445) (as amended by
subsection (a)(3)) is amended by striking subsection (d) and
inserting the following:
``(d) Tobacco Transition Payment.--Effective only for the
1998 crop of tobacco, the Secretary of the Treasury shall
transfer from the Tobacco Transition Account of the National
Tobacco Settlement Trust Fund an amount equal to the product
obtained by multiplying--
``(1) the amount per pound equal to 2 percent of the
national price support level for each kind of tobacco for
which price support is made available under this Act; and
``(2) the total quantity of the kind of tobacco that is
produced or purchased in, or imported into, the United
States.''.
(c) No Net Cost Tobacco Fund and Account.--
(1) No net cost tobacco fund.--Section 106A of the
Agricultural Act of 1949 (7 U.S.C. 1445-1) is amended to read
as follows:
``SEC. 106A. NO NET COST TOBACCO FUND.
``(a) Definitions.--In this section:
``(1) Association.--The term `association' means a
producer-owned cooperative marketing association that has
entered into a loan agreement with the Corporation to make
price support available to producers of a kind of tobacco.
``(2) Corporation.--The term `Corporation' means the
Commodity Credit Corporation, an agency and instrumentality
of the United States within the Department of Agriculture
through which the Secretary makes price support available to
producers.
``(3) Net gains.--The term `net gains' means the amount by
which the total proceeds obtained from the sale by an
association of a crop of quota tobacco pledged to the
Corporation for a price support loan exceeds the principal
amount of the price support loan made by the Corporation to
the association on the crop, plus interest, charges, and
costs of administering the price support program.
``(4) No net cost tobacco fund.--The term `No Net Cost
Tobacco Fund' means the capital account established within
each association under this section.
``(5) Purchaser.--The term `purchaser' means any person who
purchases in the United States, either directly or indirectly
for the account of the person or another person, Flue-cured
or burley quota tobacco.
``(6) Quota tobacco.--The term `quota tobacco' means any
kind of tobacco for which marketing quotas are in effect or
for which marketing quotas are not disapproved by producers.
``(7) Trust fund.--The term `Trust Fund' means the National
Tobacco Settlement Trust Fund established in the Treasury of
the United States consisting of amounts that are appropriated
or credited to the Trust Fund from the tobacco settlement
approved by Congress.
``(b) Price Support Program; Loans.--The Secretary--
``(1) may carry out the tobacco price support program
through the Corporation; and
``(2) shall, except as otherwise provided by this section,
continue to make price support available to producers through
loans to associations that, under agreements with the
Corporation, agree to make loan advances to producers.
``(c) Establishment of Fund.--
``(1) In general.--Each association shall establish within
the association a No Net Cost Tobacco Fund.
``(2) Amount.--There shall be transferred from the Trust
Fund to each No Net Cost Tobacco Fund such amount as the
Secretary determines will be adequate to reimburse the
Corporation for any net losses that the Corporation may
sustain under its loan agreements with the association, based
on--
``(A) reasonable estimates of the amounts that the
Corporation has lent or will lend to the association for
price support for the 1982 and subsequent crops of quota
tobacco, except that for the 1986 and subsequent crops of
burley quota tobacco, the Secretary shall determine the
amount of assessments without regard to any net losses that
the Corporation may sustain under the loan agreements of the
Corporation with the association for the 1983 crop of burley
quota tobacco;
``(B) the cost of administering the tobacco price support
program (as determined by the Secretary); and
``(C) the proceeds that will be realized from the sales of
tobacco that are pledged to the Corporation by the
association as security for loans.
``(d) Administration.--The Secretary shall--
``(1) require that the No Net Cost Tobacco Fund established
by each association be kept and maintained separately from
all other accounts of the association and be used
exclusively, as prescribed by the Secretary, for the purpose
of ensuring, insofar as practicable, that the Corporation,
under its loan agreements with the association with respect
to 1982 and subsequent crops of quota tobacco, will suffer no
net losses (including recovery of the amount of loans
extended to cover the overhead costs of the association),
after any net gains are applied to net losses of the
Corporation under paragraph (3), except that, notwithstanding
any other provision of law, the association may, with the
approval of the Secretary, use funds in the No Net Cost
Tobacco Fund, including interest and other earnings, for--
``(A) the purposes of reducing the association's
outstanding indebtedness to the Corporation associated with
1982 and subsequent crops of quota tobacco and making loan
advances to producers as authorized; and
``(B) any other purposes that will be mutually beneficial
to producers and purchasers and to the Corporation;
``(2) permit an association to invest the funds in the No
Net Cost Tobacco Fund in such manner as the Secretary may
approve, and require that the interest or other earnings on
the investment shall become a part of the No Net Cost Tobacco
Fund;
``(3) require that loan agreements between the Corporation
and the association provide that the Corporation shall retain
the net gains from each of the 1982 and subsequent crops of
tobacco pledged by the association as security for price
support loans, and that the net gains will be used for the
purpose of--
``(A) offsetting any losses sustained by the Corporation
under its loan agreements with the association for any of the
1982 and subsequent crops of tobacco; or
``(B) reducing the outstanding balance of any price support
loan made by the Corporation to the association under the
loan agreements for 1982 and subsequent crops of tobacco; and
``(4) effective for the 1986 and subsequent crops of quota
tobacco, if the Secretary determines that the amount in the
No Net Cost Tobacco Fund or the net gains referred to in
paragraph (3) exceeds the total amount necessary for the
purposes specified in this section, suspend the transfer of
amounts from the Trust Fund to the No Net Cost Tobacco Fund
under this section.
``(e) Noncompliance.--
``(1) In general.--If any association that has entered into
a loan agreement with the Corporation with respect to any of
the 1982 or subsequent crops of quota tobacco fails or
refuses to comply with this section (including regulations
promulgated under this section) or the terms of the
agreement, the Secretary may terminate the agreement or
provide that no additional loan funds may be made available
under the agreement to the association.
``(2) Price support.--If the Secretary takes action under
paragraph (1), the Secretary shall make price support
available to producers of the kind or kinds of tobacco, the
price of which had been supported through loans to the
association, through such other means as are authorized by
this Act or the Commodity Credit Corporation Charter Act (15
U.S.C. 714 et seq.).
``(f) Termination of Agreement or Association.--If, under
subsection (e), a loan agreement with an association is
terminated, or if an association having a loan agreement with
the Corporation is dissolved, merges with another
association, or otherwise ceases to operate, the No Net Cost
Tobacco Fund or the net gains referred to in subsection
(d)(3) shall be applied or disposed of in such manner as the
Secretary may approve or prescribe, except that the net gains
shall, to the extent necessary, first be applied or used for
the purposes specified in this section.
``(g) Regulations.--The Secretary shall issue such
regulations as are necessary to carry out this section.''.
(2) No net cost tobacco account.--Section 106B of the
Agricultural Act of 1949 (7 U.S.C. 1445-2) is amended to read
as follows:
``SEC. 106B. NO NET COST TOBACCO ACCOUNT.
``(a) Definitions.--In this section:
``(1) Area.--The term `area', when used in connection with
an association, means the general geographical area in which
farms of the producer-members of the association are located,
as determined by the Secretary.
``(2) Association.--The term `association' has the meaning
given the term in section 106A(a)(1).
[[Page S11196]]
``(3) Corporation.--The term `Corporation' has the meaning
given the term in section 106A(a)(2).
``(4) Net gains.--The term `net gains' has the meaning
given the term in section 106A(a)(3).
``(5) No net cost tobacco account.--The term `No Net Cost
Tobacco Account' means an account established by and in the
Corporation for an association under this section.
``(6) Purchaser.--The term `purchaser' has the meaning
given the term in section 106A(a)(5).
``(7) Tobacco.--The term `tobacco' means any kind of
tobacco (as defined in section 301(b) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1301(b))) for which
marketing quotas are in effect or for which marketing quotas
are not disapproved by producers.
``(8) Trust fund.--The term `Trust Fund' has the meaning
given the term in section 106A(a)(7).
``(b) Price Support Program; Loans.--Notwithstanding
section 106A, the Secretary shall, on the request of any
association, and may, if the Secretary determines, after
consultation with the association, that the accumulation of
the No Net Cost Tobacco Fund for the association under
section 106A is, and is likely to remain, inadequate to
reimburse the Corporation for net losses that the Corporation
sustains under its loan agreements with the association--
``(1) continue to make price support available to producers
through the association in accordance with loan agreements
entered into between the Corporation and the association; and
``(2) establish and maintain in accordance with this
section a No Net Cost Tobacco Account for the association in
lieu of the No Net Cost Tobacco Fund established within the
association under section 106A.
``(c) Establishment of Account.--
``(1) In general.--A No Net Cost Tobacco Account
established for an association under subsection (b)(2) shall
be established within the Corporation.
``(2) Amount.--There shall be transferred from the Trust
Fund to each No Net Cost Tobacco Account such amount as the
Secretary determines will be adequate to reimburse the
Corporation for any net losses that the Corporation may
sustain under its loan agreements with the association, based
on--
``(A) reasonable estimates of the amounts that the
Corporation has lent or will lend to the association for
price support for the 1982 and subsequent crops of quota
tobacco, except that for the 1986 and subsequent crops of
burley quota tobacco, the Secretary shall determine the
amount of assessments without regard to any net losses that
the Corporation may sustain under the loan agreements of the
Corporation with the association for the 1983 crop of burley
quota tobacco;
``(B) the cost of administering the tobacco price support
program (as determined by the Secretary); and
``(C) the proceeds that will be realized from the sales of
the kind of tobacco involved that are pledged to the
Corporation by the association as security for loans.
``(3) Administration.--On the establishment of a No Net
Cost Tobacco Account for an association, any amount in the No
Net Cost Tobacco Fund established within the association
under section 106A shall be applied or disposed of in such
manner as the Secretary may approve or prescribe, except that
the amount shall, to the extent necessary, first be applied
or used for the purposes specified in that section.
``(d) Use.--Amounts deposited in a No Net Cost Tobacco
Account established for an association shall be used by the
Secretary for the purpose of ensuring, insofar as
practicable, that the Corporation under its loan agreements
with the association will suffer, with respect to the crop
involved, no net losses (including recovery of the amount of
loans extended to cover the overhead costs of the
association), after any net gains are applied to net losses
of the Corporation under subsection (g).
``(e) Excess Amounts.--If the Secretary determines that the
amount in the No Net Cost Tobacco Account or the net gains
referred to in subsection (g) exceed the total amount
necessary to carry out this section, the Secretary shall
suspend the transfer of amounts from the Trust Fund to the No
Net Cost Tobacco Account under this section.
``(f) Termination of Agreement or Association.--In the case
of an association for which a No Net Cost Tobacco Account is
established under subsection (b)(2), if a loan agreement
between the Corporation and the association is terminated, if
the association is dissolved or merges with another
association that has entered into a loan agreement with the
Corporation to make price support available to producers of
the kind of tobacco involved, or if the No Net Cost Tobacco
Account terminates by operation of law, amounts in the No Net
Cost Tobacco Account and the net gains referred to in
subsection (g) shall be applied to or disposed of in such
manner as the Secretary may prescribe, except that the net
gains shall, to the extent necessary, first be applied to or
used for the purposes specified in this section.
``(g) Net Gains.--The provisions of section 106A(d)(3)
relating to net gains shall apply to any loan agreement
between an association and the Corporation entered into on or
after the establishment of a No Net Cost Tobacco Account for
the association under subsection (b)(2).
``(h) Regulations.--The Secretary shall issue such
regulations as are necessary to carry out this section.''.
(3) Conforming amendments.--
(A) Section 314(a) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1314(a)) is amended in the first sentence--
(i) by striking ``(1)''; and
(ii) by striking ``, or (2)'' and all that follows through
``106B(d)(1) of that Act''.
(B) Section 320B(c)(1) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1314h(c)(1)) is amended by inserting after
``1445-2)'' the following: ``(as in effect before the
effective date of the amendments made by section 201(c) of
the Tobacco Transition Act)''.
(d) Administrative Costs.--Section 1109 of the Agriculture
and Food Act of 1981 (Public Law 97-98; 7 U.S.C. 1445 note)
is repealed.
(e) Crops.--This section and the amendments made by this
section shall apply with respect to the 1999 and subsequent
crops of the kind of tobacco involved.
SEC. 202. TERMINATION OF TOBACCO PRICE SUPPORT PROGRAM.
(a) Parity Price Support.--Section 101 of the Agricultural
Act of 1949 (7 U.S.C. 1441) is amended--
(1) in the first sentence of subsection (a), by striking
``tobacco (except as otherwise provided herein), corn,'' and
inserting ``corn'';
(2) by striking subsections (c), (g), (h), and (i);
(3) in subsection (d)(3)--
(A) by striking ``, except tobacco,''; and
(B) by striking ``and no price support shall be made
available for any crop of tobacco for which marketing quotas
have been disapproved by producers;''; and
(4) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) Termination of Tobacco Price Support and No Net Cost
Provisions.--Sections 106, 106A, and 106B of the Agricultural
Act of 1949 (7 U.S.C. 1445, 1445-1, 1445-2) are repealed.
(c) Definition of Basic Agricultural Commodity.--Section
408(c) of the Agricultural Act of 1949 (7 U.S.C. 1428(c)) is
amended by striking ``tobacco,''.
(d) Review of Burley Tobacco Imports.--Section 3 of Public
Law 98-59 (7 U.S.C. 625) is repealed.
(e) Powers of Commodity Credit Corporation.--Section 5 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714c)
is amended by inserting ``(other than tobacco)'' after
``agricultural commodities'' each place it appears.
(f) Transition Provisions.--
(1) Liability.--The amendments made by this section shall
not affect the liability of any person under any provision of
law as in effect before the effective date of this section.
(2) Tobacco stocks and loans.--The Secretary shall issue
regulations that require--
(A) the orderly disposition of tobacco stocks; and
(B) the repayment of all tobacco price support loans by not
later than 1 year after the effective date of this section.
(g) Crops.--This section and the amendments made by this
section shall apply with respect to the 2002 and subsequent
crops of the kind of tobacco involved.
Subtitle B--Tobacco Production Adjustment Programs
SEC. 211. TERMINATION OF TOBACCO PRODUCTION ADJUSTMENT
PROGRAMS.
(a) Declaration of Policy.--Section 2 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1282) is amended by striking
``tobacco,''.
(b) Definitions.--Section 301(b) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1301(b)) is amended--
(1) in paragraph (3)--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as subparagraph (C);
(2) in paragraph (6)(A), by striking ``tobacco,'';
(3) in paragraph (7), by striking the following:
``tobacco (flue-cured), July 1--June 30;
``tobacco (other than flue-cured), October 1-September
30;'';
(4) in paragraph (10)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B);
(5) in paragraph (11)(B), by striking ``and tobacco'';
(6) in paragraph (12), by striking ``tobacco,'';
(7) in paragraph (14)--
(A) in subparagraph (A), by striking ``(A)''; and
(B) by striking subparagraphs (B), (C), and (D);
(8) by striking paragraph (15);
(9) in paragraph (16)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B);
and
(10) by redesignating paragraphs (16) and (17) as
paragraphs (15) and (16), respectively.
(c) Parity Payments.--Section 303 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1303) is amended in the
first sentence by striking ``rice, or tobacco,'' and
inserting ``or rice,''.
(d) Marketing Quotas.--Part I of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et
seq.) is repealed.
(e) Administrative Provisions.--Section 361 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1361) is
amended by striking ``tobacco,''.
(f) Adjustment of Quotas.--Section 371 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1371) is amended--
[[Page S11197]]
(1) in the first sentence of subsection (a), by striking
``peanuts, or tobacco'' and inserting ``or peanuts''; and
(2) in the first sentence of subsection (b), by striking
``peanuts or tobacco'' and inserting ``or peanuts''.
(g) Reports and Records.--Section 373 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1373) is amended--
(1) by striking ``peanuts, or tobacco'' each place it
appears in subsections (a) and (b) and inserting ``or
peanuts''; and
(2) in subsection (a)--
(A) in the first sentence, by striking ``all persons
engaged in the business of redrying, prizing, or stemming
tobacco for producers,''; and
(B) in the last sentence, by striking ``$500;'' and all
that follows through the period at the end of the sentence
and inserting ``$500.''.
(h) Regulations.--Section 375(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1375(a)) is amended by
striking ``peanuts, or tobacco'' and inserting ``or
peanuts''.
(i) Eminent Domain.--Section 378 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1378) is amended--
(1) in the first sentence of subsection (c), by striking
``cotton, tobacco, and peanuts'' and inserting ``cotton and
peanuts''; and
(2) by striking subsections (d), (e), and (f).
(j) Burley Tobacco Farm Reconstitution.--Section 379 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1379) is
amended--
(1) in subsection (a)--
(A) by striking ``(a)''; and
(B) in paragraph (6), by striking ``, but this clause (6)
shall not be applicable in the case of burley tobacco''; and
(2) by striking subsections (b) and (c).
(k) Acreage-Poundage Quotas.--Section 4 of the Act entitled
``An Act to amend the Agricultural Adjustment Act of 1938, as
amended, to provide for acreage-poundage marketing quotas for
tobacco, to amend the tobacco price support provisions of the
Agricultural Act of 1949, as amended, and for other
purposes'', approved April 16, 1965 (Public Law 89-12; 7
U.S.C. 1314c note), is repealed.
(l) Burley Tobacco Acreage Allotments.--The Act entitled
``An Act relating to burley tobacco farm acreage allotments
under the Agricultural Adjustment Act of 1938, as amended'',
approved July 12, 1952 (7 U.S.C. 1315), is repealed.
(m) Transfer of Allotments.--Section 703 of the Food and
Agriculture Act of 1965 (7 U.S.C. 1316) is repealed.
(n) Advance Recourse Loans.--Section 13(a)(2)(B) of the
Food Security Improvements Act of 1986 (7 U.S.C. 1433c-
1(a)(2)(B)) is amended by striking ``tobacco and''.
(o) Tobacco Field Measurement.--Section 1112 of the Omnibus
Budget Reconciliation Act of 1987 (Public Law 100-203) is
amended by striking subsection (c).
(p) Liability.--The amendments made by this section shall
not affect the liability of any person under any provision of
law as in effect before the effective date under subsection
(q).
(q) Crops.--This section and the amendments made by this
section shall apply with respect to the 1999 and subsequent
crops of the kind of tobacco involved.
TITLE III--FUNDING
SEC. 301. TRUST FUND.
(a) Request.--The Secretary of Agriculture shall request
the Secretary of the Treasury to transfer, from the Tobacco
Transition Account in the Trust Fund, amounts authorized
under sections 104, 105, and 111, and the amendments made by
section 201, to the account of the Commodity Credit
Corporation.
(b) Transfer.--On receipt of such a request, the Secretary
of the Treasury shall transfer amounts requested under
subsection (a).
(c) Use.--The Secretary of Agriculture shall use the
amounts transferred under subsection (b) to carry out the
activities described in subsection (a).
(d) Termination of Authority.--The authority provided under
this section shall expire on September 30, 2001.
SEC. 302. COMMODITY CREDIT CORPORATION.
The Secretary may use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out
this Act and the amendments made by this Act.
______
By Mr. LAUTENBERG (for himself and Mr. Baucus):
S. 1317. A bill to amend the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 to expand the opportunity for
health protection for citizens affected by hazardous waste sites; to
the Committee on Environment and Public Works.
the environmental health protection act
Mr. LAUTENBERG. Mr. President, all across America toxic time bombs
lurk beneath the soil. Many of our families find their futures poisoned
by a long-gone industrial past.
And sadly we've made our families--especially our children--the
canaries in the coal mine. Only after they've been stricken, do we move
on the danger.
We need to change our emphasis.
Mr. President, we should help local communities meet the health
treats bubbling up from toxic waste sites. That is why I am today
introducing the Environmental Health Protection Act--legislation to
require the Agency for Toxic Substances and Disease Registry [ASTDR] to
actively work with local community health and safety leaders both to
design and train local health authorities to better manage a potential
toxic hazard and to design site-specific remedies and monitoring
systems.
Today, the ranking member of the Environmental and Public works
Committee, Senator Baucus, is joining with me in introducing
legislation to significantly boost the role that public health
considerations play in Superfund decisions.
Mr. President, the potential health hazard posed from toxic waste
dumps is great and growing.
According to a recent study of 136 Superfund toxic waste sites by the
Agency for Toxic Substance and Disease Registry [ASTDR], more than half
the sites they examined represent serious, ongoing public health
hazards. ATSDR placed an additional 23 percent of toxic waste sites in
an indeterminate hazard category because they potentially pose a long-
term risk to human life.
Communities and community leaders must have the tools and resources
to meet these potential disaster--just like we prepare communities to
meet potential natural disasters.
ATSDR recently determined that 11 million Americans reside within 1
mile of the 1,309 Superfund National Priority List [NPL] sites. These
families are at particular risk from the hazardous substances wafting
through the air they breath or oozing into water they drink.
The problems that communities face from toxic waste dumps are immense
and complicated by the need for specialized knowledge, training and
skills to address toxic waste problems. Dr. Barry Johnson of the ATSDR
recently testified before the Superfund Subcommittee of the Senate
Environment and Public Works Committee about the kinds of health
problems communities face. He told the committee that:
ATSDR health investigations at hazardous waste sites across the
country found that nearby residents were exposed to increased health
risk from a wide variety of maladies including: birth defects; nerve
damage; skin disorders; leukemia; cardiovascular abnormalities;
respiratory problems, and immune disorders.
Two sets of studies in my home State of New Jersey--one carried out
by the Environmental Protection Agency [EPA] and the other by the New
Jersey School of Medicine and Dentistry--showed an increase in cancer
cases in counties surrounding hazardous waste sites. The New Jersey
Medicine study by Dr. G. Najem found that age-adjusted gastrointestinal
cancer morality rates were higher in 20 of New Jersey's 21 counties
than national rates.
An ATSDR 1995 study of residents of Forest City and Glover, MO, who
live near Superfund sites, showed an increase in reports of breathing
disorders and decreased pulmonary function; especially among nonsmoking
women.
Compilation of studies in California report the occurrence of an
increased risk of birth defects in the children of women living near
the State's 700 hazardous waste sites.
The results of another recent study funded by ATSDR and performed by
the New Jersey Department of Health, are particularly disturbing and,
understandably, have frightened many of my constituents in the town of
Maywood, NJ. The study reviewed data gathered on 15,000 residents
living near Superfund sites and found the incidence of brain cancers
running at 50 percent above the expected level. In addition, the study
found cancer clusters--areas with unusually high rates of certain forms
of cancer--existing in Ocean County and distressing 50 percent increase
in various kinds of childhood cancers.
In short, ATSDR research demonstrates how important it is to the
health of Americans living near Superfund sites to clean up those sites
as quickly as possible. And this is no small task.
Communities struggling to come to grips with the potential health
hazards of a toxic waste dump are too often left to fend for
themselves. No one agency is specifically charged with coordinating the
various health-relief efforts these families need.
[[Page S11198]]
Currently, EPA uses a risk assessment process to write plans for
dealing with the problems posed by toxic sites. As a result, the
selection of containment as a remedy rather than removing the toxins
from a site has grown to 30 percent of the EPA remedy decisions. If
containment is to work for the communities surrounding Superfund and
other toxic sites, we must increase health monitoring and provide other
health care assistance, advice, and tools to those living with near
these sites.
Congress established ATSDR specifically to address possible health
problems arising from Superfund sites. Now is the time to use what we
have learned and to actively involve local communities in their efforts
to meet the health challenges posed by the hazardous waste sites. This
bill requires ATSDR to do just that.
First, my bill both allows ATSDR to study any location where there is
concern that hazardous wastes threatens public health and requires that
ATSDR work closely with State and local health officials in making its
assessment. Presently, Mr. President, State and local health and
environmental officials are only required to be involved at sites
listed on the Environmental Protection Agency's national list of
priority sites--the National Priority List [NPL]. By mandating that
ATSDR work with the State and local officials from the get-go at any
potential site, we will be insuring the understanding, cooperation, and
consultation necessary to effective environmental cleanup exists in a
community.
Second, critics frequently complain that ATSDR's health assessments
are completed too late in the process to be of any real use to the
local officials struggling to manage the health impact of a hazardous
waste site on a community. This bill changes the way EPA and the health
authorities do their job. It requires EPA to notify local and State
health officials early in the process that an investigation is
commencing and to better coordinate its activities with local
authorities so that EPA's proposed remedy better reflects local
conditions and needs.
Third, this bill requires EPA to directly involve State and local
health officials in decisions concerning analysis and sampling methods
used at hazardous sites. State and local health officials are often the
frontline experts. They have important first-hand information on how a
toxic waste dump affects their community. Working with EPA, they can
better determine and analyze possible health problems patterns in a
community and whether that arises from a toxic waste dump. With this
information, EPA can zero-in on those areas for additional sampling and
further studies and design a site appropriate remedy that meets the
special circumstances of the affected community.
Fourth--and this is critically important--better training and up-to-
date information are essential to helping communities deal with
hazardous waste sites. This legislation will ensure that State and
local health officials receive the training and technical information
they need to diagnose and treat environmental health problems, and it
will also empower local authorities to help EPA make appropriate, site-
specific decisions about clean up remedies.
Fifth, this bill requires that when EPA selects to leave toxic wastes
in place, then EPA must work with local health officials to design a
site specific health monitoring program. This will be paid for by the
parties responsible for the hazard, and those requirements will become
an enforceable part of any clean up agreement. It will no longer be
adequate for a polluter to simply build a fence around a toxic waste
site and hope the toxins stay in and community residents stay out.
EPA's remedy must now ensure that the health of the residents in the
line of fire is protected first, foremost, and always. And, when EPA
revisits a site to evaluate whether the clean up is working, EPA will
now specifically have to consider the recommendations of local health
officials on the effectiveness and appropriateness of the solution.
Since the Superfund amendments of 1986, the communities near
hazardous waste sites have appealed to us to strengthen the public
health requirements of the law. A major focus of our efforts in
cleaning up toxic waste must be the health of our people. This bill
will put community health and safety back at the top of the Superfund
agenda. It will increase the information available to the public and
cooperation between public health officials at all levels of
government. It will result in health considerations being made a
central part of any discussions of clean up strategies and effective
long-term monitoring of toxic waste sites. This bill will ensure that
the remedy chosen by EPA better protects the millions of Americans who
live around our nation's hazardous waste sites.
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. 1317
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 ``Environmental Health
Protection Act of 1997''.
SEC. 2. DEFINITIONS.
(a) General Definitions.--Section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601) is amended by adding at the end the
following:
``(39) ATSDR.--The term `ATSDR' means the Agency for Toxic
Substances and Disease Registry.''.
(b) Definitions in the Public Participation Section.--
(1) In general.--Section 117 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9617) is amended--
(A) by redesignating subsections (a) through (e) as
subsections (b) through (f), respectively; and
(B) by inserting after the section heading the following:
``(a) Definitions.--In this section:
``(1) Affected community.--The term `affected community'
means a group of 2 or more individuals who may be affected by
the release or threatened release of a hazardous substance,
pollutant, or contaminant from a covered facility.
``(2) Covered facility.--The term `covered facility' means
a facility--
``(A) that has been listed or proposed for listing on the
National Priorities List;
``(B) at which the Administrator is undertaking a removal
action that it is anticipated will exceed--
``(i) in duration, 1 year; or
``(ii) in cost, the funding limit under section 104; or
``(C) with respect to which the Administrator of ATSDR has
approved a petition requesting a health assessment or other
related health activity under section 104(i)(6)(B).
``(3) Waste site information office.--The term `waste site
information office' means a waste site information office
established under subsection (j).''.
(2) Conforming amendments.--
(A) Title I of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 is amended--
(i) in section 111(a)(5) (42 U.S.C. 9611), by striking
``117(e)'' and inserting ``117(f)'';
(ii) in section 113(k)(2)(B) (42 U.S.C. 9613)--
(I) in clause (iii), by striking ``117(a)(2)'' and
inserting ``117(b)(2)''; and
(II) in the third sentence, by striking ``117(d)'' and
inserting ``117(e)''.
(B) Section 2705(e) of title 10, United States Code, is
amended--
(i) by striking ``117(e)'' and inserting ``117(f)''; and
(ii) by striking ``(42 U.S.C. 9617(e))'' and inserting
``(42 U.S.C. 9617(f))''.
SEC. 3. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.
(a) Notice to Health Authorities.--Section 104(b) of
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(b)) is amended by
adding at the end the following:
``(3) Notice to health authorities.--The President shall
notify State, local, and tribal public health authorities
whenever a release or a hazardous substance, pollutant, or
contaminant has occurred, is occurring, or is about to occur,
or there is a threat of such a release, and the release or
threatened release is under investigation pursuant to this
section.''.
(b) Amendments Relating to ATSDR.--Section 104(i) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(i)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by striking ``and appropriate
State and local health officials'' and inserting ``the Indian
Health Service, and appropriate State, tribal, and local
health officials'';
(B) in subparagraphs (A) and (C), by inserting ``and Indian
tribes'' after ``States''; and
(C) by striking the last sentence and inserting the
following flush sentence: ``In a public health emergency,
exposed persons shall be eligible for referral to licensed or
accredited health care providers.'';
(2) in paragraph (3)--
(A) in the matter following subparagraph (C)--
(i) by striking the sentence beginning ``The profiles
required'';
[[Page S11199]]
(ii) in the sentence beginning ``The profiles prepared'',
by inserting before the period at the end the following:
``and of substances not on the list, but that have been
detected at covered facilities (within the meaning of section
117) and are determined by the Administrator of ATSDR to pose
a significant potential threat to human health due to their
known or suspected toxicity to humans and the potential for
human exposure to such substances at such facilities.'';
(iii) in the sentence beginning ``Profiles required
under'', by striking ``, but no less often'' and all that
follows through the period at the end and inserting ``if the
Administrator of ATSDR determines that there is significant
new information.''; and
(iv) in the last sentence, by inserting ``and Indian
tribes'' after ``States''; and
(B) by inserting after subparagraph (C) the following:
``(D) Evaluations of the cumulative effects (including
synergistic effects) of other chemicals.'';
(3) in paragraph (4)--
(A) in the first sentence, by striking ``State officials''
and inserting ``State, tribal,''; and
(B) in the second sentence, by inserting ``or Indian
tribes'' after ``States'';
(4) in paragraph (5)(A)--
(A) in the first sentence, by inserting ``and the Indian
Health Service'' after ``Public Health Service'';
(B) in the second sentence, by inserting after ``program of
research'' the following: ``conducted directly or by such
means as cooperative agreements and grants with appropriate
public and nonprofit institutions. The program shall be'';
and
(C) in the last sentence--
(i) in clause (iii), by striking ``and'' at the end;
(ii) by redesignating clause (iv) as clause (vi); and
(iii) by inserting after clause (iii) the following:
``(iv) laboratory and other studies that can lead to the
development of innovative techniques for predicting organ-
specific, tissue-specific, and system-specific acute and
chronic toxicity associated with a covered facility; and
``(v) laboratory and other studies to determine the health
effects of substances commonly found in combination with
other substances, and the short, intermediate, and long-term
cumulative health effects (including from synergistic
impacts).'';
(5) in paragraph (6)--
(A) by striking ``(6)(A) The Administrator'' and all that
follows through the end of subparagraph (A) and inserting the
following:
``(6) Health assessments and related health activities.--
``(A) Requirements.--The Administrator of ATSDR shall
perform a health assessment or related health activity
(including, as appropriate, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
health care providers or any other health activity authorized
in this subsection) for each covered facility (as defined in
section 117(a)).'';
(B) in subparagraph (B)--
(i) in the first sentence, by inserting ``or other health
related activity'' after ``health assessments'';
(ii) in the second sentence, by inserting ``or other health
related activity'' after ``health assessment''; and
(iii) in the third sentence--
(I) by inserting ``or other health related activity'' after
``health assessment'' the first place it appears; and
(II) by striking ``a health assessment'' the second place
it appears and inserting ``the requested activity'';
(C) in subparagraph (C)--
(i) in the first sentence--
(I) by inserting ``or other health related activity'' after
``health assessments''; and
(II) by striking ``existing health assessment data'' and
inserting ``data from existing health assessments or related
activity''; and
(ii) in the second sentence, by inserting ``or other health
related activity'' after ``health assessments'';
(D) in subparagraph (D), by adding at the end the
following: ``The President and the Administrator of ATSDR
shall obtain and exchange facility characterization data and
other information necessary to make a public health
determination sufficiently before the completion of a
remedial investigation and feasibility study to allow full
consideration of the public health implications of a release,
but in no circumstance shall the President delay the progress
of a remedial action pending completion of a health
assessment or other health related activity. When
appropriate, the Administrator of ATSDR shall, in cooperation
with State and local health officials, provide to the
President recommendations for sampling environmental media.
To the extent practicable, the President shall incorporate
the recommendations into facility characterization
activities.'';
(E) in the first sentence of subparagraph (E), by striking
``or political subdivision carrying out a health assessment''
and inserting ``Indian tribe, or political subdivision of a
State carrying out a health assessment or related health
activity'';
(F) in subparagraph (F)--
(i) by striking ``(F) For the purpose of health
assessments'' and inserting the following:
``(F) Definition of health assessments.--
``(i) In general.--For the purpose of health assessments or
related activity'';
(ii) in the first sentence--
(I) by inserting ``(including children and other highly
susceptible or highly exposed populations)'' after ``human
health'';
(II) by striking ``existence of potential'' and inserting
``past, present, or future potential'';
(III) by striking ``and the comparison'' and inserting
``the comparison''; and
(IV) by striking the period at the end and inserting ``and
the cumulative effects (including synergistic effects) of
chemicals.''; and
(iii) by striking the second sentence and inserting the
following:
``(ii) Provision of data.--The Administrator shall consider
information provided by State, Indian tribe, and local health
officials and the affected community (including a community
advisory group, if 1 has been established under subsection
(g)) as is necessary to perform a health assessment or other
related health activity.'';
(G) in the last sentence of subparagraph (G)--
(i) by striking ``In using'' and all that follows through
``to be taken'' and inserting ``In performing health
assessments''; and
(ii) by inserting before the period at the end the
following: ``and shall give special consideration, where
appropriate, to any practices of the affected community that
may result in increased exposure to hazardous substances,
pollutants, or contaminants, such as subsistence hunting,
fishing, and gathering''; and
(H) in subparagraph (H)--
(i) in the first sentence--
(I) by inserting ``or other health related activity'' after
``health assessment''; and
(II) by striking ``each affected State'' and inserting
``appropriate State, Indian tribe, and local health officials
and community advisory groups and waste site information
offices; and
(ii) in the second sentence, by inserting ``or other health
related activity'' after ``health assessment'';
(7) in paragraph (7)--
(A) by striking ``pilot'' each place it appears;
(B) by inserting ``or other related health activity'' after
``health assessment'' each place it appears; and
(C) in subparagraph (A), by inserting ``covered
facilities'' after the ``individuals'';
(8) in paragraph (10)--
(A) by striking ``two years'' and all that follows through
``thereafter'' and inserting ``Every 2 years'';
(B) by striking ``and'' at the end of subparagraph (D);
(C) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(F) the health impacts on Indian tribes of hazardous
substances, pollutants, and contaminants from covered
facilities.'';
(9) in paragraph (14)--
(A) by striking ``distribute to the States, and upon
request to medical colleges, physicians, and'' and inserting
the following: ``distribute--
``(A) to the States and local health officials, and upon
request to medical colleges, medical centers, physicians,
nursing institutions, nurses, and'';
(B) by striking ``methods of diagnosis and treatment'' and
inserting ``methods of prevention, diagnosis, and
treatment'';
(C) by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(B) to the community potentially affected by a facility
appropriate educational materials, facility-specific
information, and other information on human health effects of
hazardous substances using available community information
networks, including, if appropriate, a community advisory
group or a waste site information office established under
section 117.'';
(10) in the last sentence of paragraph (15), by striking
``through cooperative'' and all that follows through ``which
the Administrator'' and inserting the following: ``through
grants to, or cooperative agreements or contracts with,
States (or political subdivisions of States) or other
appropriate public authorities or private nonprofit entities,
public or private institutions, colleges or universities
(including historically black colleges and universities), or
professional associations that the Administrator''; and
(11) by adding at the end the following:
``(19) Community health programs.--When appropriate, using
existing health clinics and health care delivery systems, the
Administrator of ATSDR shall facilitate the provision of
environmental health services (including testing, diagnosis,
counseling, and community health education) in communities
that--
``(A) may have been, or may be, subject to exposure to a
hazardous substance, pollutant, or contaminant from a covered
facility; and
``(B) have a medically underserved population (as defined
in section 330(b) of the Public Health Service Act (42 U.S.C.
254b(b)) or lack sufficient expertise in environmental
health.
``(20) Public health education.--
``(A) In general.--If the Administrator of ATSDR considers
it appropriate, the Administrator of ATSDR, in cooperation
with State, Indian tribe, and other interested Federal and
local officials, shall conduct health education activities to
make a community near a covered facility aware of the steps
the community may take to mitigate or prevent
[[Page S11200]]
exposure to hazardous substances and the health effects of
hazardous substances.
``(B) Environmental medical experts.--The health education
activities may include providing access and referrals to
environmental health experts.
``(C) Dissemination.--In disseminating public health
information under this paragraph relating to a covered
facility, the Administrator of ATSDR shall use community
health centers, area health education centers, or other
community information networks, including a community
advisory group, a technical assistance grant recipient, or a
waste site information office established under section
117.''.
(b) Public Health Recommendations in Remedial Actions.--
Section 121(c) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9621(c))
is amended in the first sentence by inserting after ``such
remedial action'' the second place it appears the following:
``, including public health recommendations and decisions
resulting from activities under section 104(i),''.
(c) Study of Multiple Sources of Risk.--
(1) In general.--The Administrator of the Agency for Toxic
Substances and Disease Registry (referred to in this
subsection as ``ATSDR''), in consultation with the
Administrator of the Environmental Protection Agency, shall
conduct a study relating to the identification, assessment,
and management of, and response to, multiple sources of
exposure affecting or potentially affecting a community.
(2) Components.--In conducting the study, the Administrator
of ATSDR may--
(A) examine various approaches to protect communities
affected or potentially affected by multiple sources of
exposure to hazardous substances; and
(B) include recommendations that the President may consider
in developing an implementation plan to address the effects
or potential effects of exposure at covered facilities (as
defined in Section 117(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9617(a)).
______
By Mr. ABRAHAM (for himself and Ms. Landrieu):
S. 1318. A bill to establish an adoption awareness program, and for
other purposes; to the Committee on Labor and Human Resources.
the adoption promotion awareness act
Mr. ABRAHAM. Mr. President, I rise to urge my colleagues' support for
the Adoption Promotion Awareness Act. This legislation will provide the
means necessary to keep women fully informed concerning all their
options regarding any unexpected pregnancy.
Mr. President, each year more than a million couples eagerly await
the opportunity to adopt a child. Unfortunately, only 50,000 domestic,
nonrelated adoptions occur each year. That means that only 5 percent of
American couples willing and able to open their hearts and homes to a
child who needs them are able to do so.
As a result, Mr. President, would-be parents often must wait several
years for the opportunity to adopt a healthy child. For the anxious
parents, the waiting seems to last an eternity. And their waiting is
made even more tragic by the fact that only 4 percent of women in
America choose adoption as an option for an unplanned pregnancy. We
have hundreds of thousands of empty homes, waiting to welcome children
who are never born.
There are many reasons for the sharp disparity between the relatively
limited number of children available for adoption and the growing
number of families anxiously waiting to adopt a child. Crucial is the
fact that many women are not provided adequate information about
adoption when they are making the crucial decision of how to deal with
an unexpected pregnancy. Too few women are fully informed concerning
the adoption option. If we could get the news out to these women that
couples are waiting with open arms to welcome their children into a
loving home, more would chose to have their babies and release them for
adoption.
This is not mere speculation, Mr. President, it is supported by the
facts. Michigan's private adoption agencies, for instance, report that
21 percent of the women seen for services decide to release their
children for adoption. Studies have shown that women are more likely to
choose adoption when clear, positive information is provided concerning
that option.
We know that providing information to women on adoption as a choice
can increase the number of adoptions that occur each year and decrease
the number of abortions. I believe that this is an important goal. For
this reason, I have introduced, along with my colleague, Senator
Landrieu, legislation that authorizes an Adoption Awareness Promotion
Program. This program will provide $25 million in grants to be used for
adoption promotion activity. It will also require recipients to
contribute $25 million of in-kind donations. The total amount going to
adoption promotion will, therefore, be $50 million. This amount will
allow for a thorough information campaign to take place--reaching women
all over the country.
The legislation provides for grants to be used for public service
announcements on prints, radio, TV, and billboards. Grants will also be
provided for the development and distribution of brochures regarding
adoption through federally funded title X clinics. These provisions
will enable women to have accurate and clear information on adoption as
an alternative when at a crucial point in their pregnancies. Further,
the campaign will help to raise the level of awareness around the
country about the importance of adoption.
Mr. President, I believe that each and every one of us, whether pro-
life or pro-choice, should be working to reduce the number of abortions
that occur each year. Indeed, I have often heard on this floor that
abortion should be ``safe, legal and rare.'' I take my colleagues at
their word and urge them to join me in this voluntary information
program; a program designed to inform women of all their choices
regarding any unexpected pregnancy.
Too many women in America feel abandoned and helpless in the face of
an unexpected pregnancy. The father of the child may have left, the
woman's family and friends even may desert her. Even those who stay
with her may simply pressure her to end an embarrassing and troublesome
situation.
Too often, then, our women, in a vulnerable state, are left without
full, unbiased information and guidance concerning their options. I
think it is crucial in these circumstances that we keep these women
fully informed of all their options--including the option of releasing
their child into the arms of a welcoming couple, anxious to become
loving parents.
If we truly are committed to making every child a wanted child, Mr.
President, I believe it is our duty to see to it that pregnant women
know that there are couples out their who would love to care for their
children. It is time for us, as a nation, to make clear our commitment
to truly full information for expectant mothers, information that
includes the availability of safe, loving homes for their children.
______
By Mr. ROCKEFELLER (for himself, Mr. Daschle, Mr. Akaka, Mr.
Wellstone, and Mrs. Murray):
S. 1320. A bill to provide a scientific basis for the Secretary of
Veterans Affairs to assess the nature of the association between
illnesses and exposure to toxic agents and environmental or other
wartime hazards as a result of service in the Persian Gulf during the
Persian Gulf War for purposes of determining a service connection
relating to such illnesses, and for other purposes; to the Committee on
Veterans' Affairs.
the persian gulf veterans act of 1997
Mr. ROCKEFELLER. Mr. President, I am proud to introduce today the
Persian Gulf War Veterans Act of 1997, legislation which establishes a
clear framework for the compensation and health care needs of Persian
Gulf war veterans. This bill implements the recommendation of the
Presidential Advisory Committee on Gulf War Veterans' Illnesses to
create a permanent statutory authority for the compensation of ill gulf
war veterans. It builds upon the system of scientific review and
determinations for presumptive compensation that currently exists for
veterans exposed to agent orange during the Vietnam war.
As ranking member of the Committee on Veterans' Affairs, I have
witnessed firsthand the struggles of many of our Nation's gulf war
veterans. The Persian Gulf war will undoubtedly go down in history as
one of our country's most decisive military victories. Despite our
fears of potentially huge troop injuries and losses, the careful
planning and strategy of our military leaders paid off. The ground war
lasted only four days, and the casualties we experienced, while deeply
regrettable, were fortunately few. But as with any war, the human costs
of the gulf war have been high, and the casualties have continued long
after the battle was over.
[[Page S11201]]
Many of the men and women who served in the gulf have suffered
chronic, debilitating health problems. Unnecessarily compounding their
pain has been their difficulty in getting the government they served to
acknowledge their problems and provide the appropriate care and
benefits they deserve. This legislation will go a long way to address
some of these concerns. We can't wait the 20 years we waited after the
Vietnam war to assess the effects of agent orange, or the 40 years we
waited after World War II to concede the problems of radiation-exposed
veterans. We must learn from the lessons of the past and act now. We
have already waited too long.
For the past 6 years, we have looked to the leaders of the Department
of Defense and the Department of Veterans Affairs for a resolution of
these difficult issues. While they have made some progress, I think we
can all agree there is much more to be done. This legislation will
require VA to enlist the National Academy of Sciences--an independent,
nonprofit, scientific organization--to review and evaluate the research
regarding links between illnesses and exposure to toxic agents and
wartime hazards. Based on the findings of the NAS, VA will then
determine whether a diagnosed or undiagnosed illness found to be
associated with gulf war service warrants a presumption of service
connection for compensation purposes. This will provide an ongoing
scientific basis and nonpolitical framework for the VA to use in
compensating Persian Gulf war veterans.
SUMMARY OF PROVISIONS
Mr. President, I will now highlight some of the provisions contained
in this legislation.
First, this legislation calls for the Secretary of the Department of
Veterans Affairs to contract with the National Academy of Sciences
[NAS] to provide a scientific basis for determining the association
between illnesses and exposures to environmental or wartime hazards as
a result of service in the Persian Gulf. The NAS will review the
scientific literature to assess health exposures during the gulf war
and health problems among veterans, and report to Congress and the VA.
Second, this legislation authorizes VA to presume that diagnosed or
undiagnosed illnesses that have a positive association with exposures
to environmental or wartime hazards were incurred in or aggravated by
service even if there was no evidence of the illness during service.
Having that authority, VA will determine whether there is a sound
medical and scientific basis to warrant a presumption of service
connection for compensation for diagnosed or undiagnosed illnesses,
based on NAS' report. Within 60 days of that determination, VA will
publish proposed regulations to presumptively service connect these
illnesses.
Third, this bill requires NAS to provide recommendations for
additional research that should be conducted to better understand the
possible adverse health effects of exposures to toxic agents or
environmental or wartime hazards associated with gulf war service. The
VA, in conjunction with the Department of Defense (DOD) and the
Department of Health and Human Services [HHS], will review and act upon
the recommendations for additional research and future studies.
Fourth, this legislation tasks NAS with assessing potential treatment
models for the chronic undiagnosed illnesses that have affected so many
of our gulf war veterans. They will make recommendations for additional
studies to determine the most appropriate and scientifically sound
treatments. VA and DOD will review this information and submit a report
to Congress describing whether they will implement these treatment
models and their rationale for their decisions.
Fifth, this legislation calls for the establishment of a system to
monitor the health status of Persian Gulf war veterans. VA, in
collaboration with DOD, will develop a plan to establish and operate a
computerized information data set to collect information on the
illnesses and health problems of gulf war veterans. This data base will
also track the treatment provided to veterans with chronic undiagnosed
illnesses to determine whether these veterans are getting sicker or
better over time. VA and DOD will submit this plan for review and
comment by NAS. After this review, VA and DOD will implement the
agreed-upon plan and provide annual reports to Congress on the health
status of Persian Gulf war veterans.
Finally, this legislation requires that VA, in consultation with DOD
and HHS, carry out an ongoing outreach program to provide information
to gulf war veterans. This information will include health risks, if
any, from exposures during service in the gulf war theater of
operations, and any services or benefits that are available.
DISCUSSION
After the war, DOD and VA acknowledged that they couldn't define what
health problems were affecting Persian Gulf war veterans. Nonetheless,
we did not want to make these veterans wait for the science to catch up
before we could provide health care and compensation for their service-
related conditions.
That is why, back in 1993, we provided Persian Gulf war veterans with
priority health care at VA facilities for conditions related to their
exposure to environmental hazards. Congress went on to pass legislation
in 1994 that confirmed that VA could provide compensation to Persian
Gulf war veterans who suffered from chronic undiagnosed illnesses.
Prior to this authority, VA asserted that it could not compensate
veterans whose health problems could not be diagnosed.
However, some gulf war veterans are falling between the cracks and
still cannot receive compensation under current law. These veterans
have been diagnosed with a condition several years after leaving
service, such as chronic fatigue syndrome or migraines. Therefore, they
are not eligible for compensation under VA's undiagnosed illness
authority, nor are they eligible under the guidelines for diagnosed
illnesses because the diagnosis was not made within the proscribed
period following service. At the same time, these illnesses are due to
unknown causes which could, someday, be tied to their gulf service. We
cannot require veterans to wait for that day to arrive. This
legislation will address this unfortunate catch-22 unwittingly created
through previous legislation.
We will continue to retrace the steps and decisions that were made in
deploying almost 697,000 men and women to the Persian Gulf in 1990.
Hopefully, we will learn from the lessons of this war to prevent some
of these same health problems in future deployments where our troops
will again face the threat of an everchanging and increasingly toxic
combat environment. But we also must address what our ill gulf war
veterans need now. We need to provide a permanent statutory authority
to compensate them. We need to be able to answer the questions of How
many veterans are ill? and Are our ill veterans getting sicker over
time?
Mr. President, this legislation targets these important issues. As
Veterans' Day approaches, we prepare to honor those who offered to make
the ultimate sacrifice for our country. Many of us will be called upon
to make speeches in support of these brave men and women. I ask my
colleagues in the Senate to join me now in supporting this legislation.
Let us honor our gulf war veterans through our deeds--and not just our
words--this Veterans' Day.
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. 1320
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 ``Persian Gulf War Veterans
Act of 1997''.
SEC. 2. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES
ASSOCIATED WITH SERVICE IN THE PERSIAN GULF
DURING THE PERSIAN GULF WAR.
(a) In General.--(1) Subchapter II of chapter 11 of title
38, United States Code, is amended by adding at the end the
following:
``Sec. 1118. Presumptions of service connection for illnesses
associated with service in the Persian Gulf during the
Persian Gulf War
``(a)(1) For purposes of section 1110 of this title, and
subject to section 1113 of this title, each illness (if any)
described in paragraph (2) shall be considered to have been
incurred in or aggravated by service referred to in that
paragraph, notwithstanding that there is no record of
evidence of such illness during the period of such service.
``(2) An illness referred to in paragraph (1) is any
diagnosed or undiagnosed illness that--
[[Page S11202]]
``(A) the Secretary determines in regulations prescribed
under this section to warrant a presumption of service
connection by reason of having a positive association with
exposure to a biological, chemical, or other toxic agent or
environmental or wartime hazard known or presumed to be
associated with service in the Armed Forces in the Southwest
Asia theater of operations during the Persian Gulf War; and
``(B) becomes manifest within the period (if any)
prescribed in such regulations in a veteran who served on
active duty in that theater of operations during that war and
by reason of such service was exposed to such agent or
hazard.
``(3) For purposes of this subsection, a veteran who served
on active duty in the Southwest Asia theater of operations
during the Persian Gulf War and has an illness described in
paragraph (2) shall be presumed to have been exposed by
reason of such service to the agent or hazard associated with
the illness in the regulations prescribed under this section
unless there is conclusive evidence to establish that the
veteran was not exposed to the agent or hazard by reason of
such service.
``(b)(1)(A) Whenever the Secretary makes a determination
described in subparagraph (B), the Secretary shall prescribe
regulations providing that a presumption of service
connection is warranted for the illness covered by that
determination for purposes of this section.
``(B) A determination referred to in subparagraph (A) is a
determination based on sound medical and scientific evidence
that a positive association exists between--
``(i) the exposure of humans to a biological, chemical, or
other toxic agent or environmental or wartime hazard known or
presumed to be associated with service in the Southwest Asia
theater of operations during the Persian Gulf War; and
``(ii) the occurrence of a diagnosed or undiagnosed illness
in humans.
``(2)(A) In making determinations for purposes of paragraph
(1), the Secretary shall take into account--
``(i) the reports submitted to the Secretary by the
National Academy of Sciences under section 3 of the Persian
Gulf War Veterans Act of 1997; and
``(ii) all other sound medical and scientific information
and analyses available to the Secretary.
``(B) In evaluating any report, information, or analysis
for purposes of making such determinations, the Secretary
shall take into consideration whether the results are
statistically significant, are capable of replication, and
withstand peer review.
``(3) An association between the occurrence of an illness
in humans and exposure to an agent or hazard shall be
considered to be positive for purposes of this subsection if
the credible evidence for the association is equal to or
outweighs the credible evidence against the association.
``(c)(1)(A) Not later than 60 days after the date on which
the Secretary receives a report from the National Academy of
Sciences under section 3 of the Persian Gulf War Veterans Act
of 1997, the Secretary shall determine whether or not a
presumption of service connection is warranted for each
illness (if any) covered by the report.
``(B) If the Secretary determines that a presumption of
service connection is warranted, the Secretary shall, not
later than 60 days after making the determination, issue
proposed regulations setting forth the Secretary's
determination.
``(C)(i) If the Secretary determines that a presumption of
service connection is not warranted, the Secretary shall, not
later than 60 days after making the determination, publish in
the Federal Register a notice of the determination. The
notice shall include an explanation of the scientific basis
for the determination.
``(ii) If an illness already presumed to be service
connected under this section is subject to a determination
under clause (i), the Secretary shall, not later than 60 days
after publication of the notice under that clause, issue
proposed regulations removing the presumption of service
connection for the illness.
``(2) Not later than 90 days after the date on which the
Secretary issues any proposed regulations under paragraph
(1), the Secretary shall issue final regulations. Such
regulations shall be effective on the date of issuance.
``(d) Whenever the presumption of service connection for an
illness under this section is removed under subsection (c)--
``(1) a veteran who was awarded compensation for the
illness on the basis of the presumption before the effective
date of the removal of the presumption shall continue to be
entitled to receive compensation on that basis; and
``(2) a survivor of a veteran who was awarded dependency
and indemnity compensation for the death of a veteran
resulting from the illness on the basis of the presumption
before that date shall continue to be entitled to receive
dependency and indemnity compensation on that basis.
``(e) Subsections (b) through (d) shall cease to be
effective 10 years after the first day of the fiscal year in
which the National Academy of Sciences submits to the
Secretary the first report under section 3 of the Persian
Gulf War Veterans Act of 1997.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1117 the following new item:
``1118. Presumptions of service connection for illnesses associated
with service in the Persian Gulf during the Persian Gulf
War.''.
(b) Conforming Amendments.--Section 1113 of title 38,
United States Code, is amended--
(1) by striking out ``or 1117'' each place it appears and
inserting in lieu thereof ``1117, or 1118''; and
(2) in subsection (a), by striking out ``or 1116'' and
inserting in lieu thereof ``, 1116, or 1118''.
(c) Compensation for Undiagnosed Gulf War Illnesses.--
Section 1117 of title 38, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Whenever the Secretary determines as a result of a
determination under section 1118(c) of this title that a
presumption of service connection for an undiagnosed illness
(or combination of undiagnosed illnesses) is no longer
warranted under this section--
``(A) a veteran who was awarded compensation under this
section for such illness (or combination of illnesses) on the
basis of the presumption shall continue to be entitled to
receive compensation under this section on that basis; and
``(B) a survivor of a veteran who was awarded dependency
and indemnity compensation for the death of a veteran
resulting from the disease on the basis of the presumption
before that date shall continue to be entitled to receive
dependency and indemnity compensation on that basis.
``(2) This subsection shall cease to be effective 10 years
after the first day of the fiscal year in which the National
Academy of Sciences submits to the Secretary the first report
under section 3 of the Persian Gulf War Veterans Act of
1997.''.
SEC. 3. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.
(a) Purpose.--The purpose of this section is to provide for
the National Academy of Sciences, an independent nonprofit
scientific organization with appropriate expertise, to review
and evaluate the available scientific evidence regarding
associations between illnesses and exposure to toxic agents
or environmental or wartime hazards associated with Gulf War
service.
(b) Agreement.--The Secretary of Veterans Affairs shall
seek to enter into an agreement with the National Academy of
Sciences for the Academy to perform the services covered by
this section and sections 4(a)(6) and 5(d). The Secretary
shall seek to enter into the agreement not later than two
months after the date of enactment of this Act.
(c) Identification of Agents and Illnesses.--(1) Under the
agreement under subsection (b), the National Academy of
Sciences shall--
(A) identify the biological, chemical, or other toxic
agents or environmental or wartime hazards to which members
of the Armed Forces who served in the Southwest Asia theater
of operations during the Persian Gulf War may have been
exposed by reason of such service; and
(B) identify the illnesses (including diagnosed illnesses
and undiagnosed illnesses) that are manifest in such members.
(2) In identifying illnesses under paragraph (1)(B), the
Academy shall review and summarize the relevant scientific
evidence regarding illnesses among the members described in
paragraph (1)(B) and among other appropriate populations of
individuals, including mortality, symptoms, and adverse
reproductive health outcomes among such members and
individuals.
(d) Determinations of Associations Between Agents and
Illnesses.--(1) For each agent or hazard and illness
identified under subsection (c), the National Academy of
Sciences shall determine, to the extent that available
scientific data permit meaningful determinations--
(A) whether a statistical association exists between
exposure to the agent or hazard and the illness, taking into
account the strength of the scientific evidence and the
appropriateness of the scientific methodology used to detect
the association;
(B) the increased risk of the illness among human
populations exposed to the agent or hazard; and
(C) whether a plausible biological mechanism or other
evidence of a causal relationship exists between exposure to
the agent or hazard and the illness.
(2) The Academy shall include in its reports under
subsection (h) a full discussion of the scientific evidence
and reasoning that led to its conclusions under this
subsection.
(e) Review of Potential Treatment Models for Certain
Illnesses.--Under the agreement under subsection (b), the
National Academy of Sciences shall separately review, for
each chronic undiagnosed illness identified under subsection
(c)(1)(B) and for any chronic illness that the Academy
determines to warrant the review, the available scientific
data in order to identify empirically valid models of
treatment for such illnesses which employ successful
treatment modalities for populations with similar symptoms.
(f) Recommendations for Additional Scientific Studies.--(1)
Under the agreement under subsection (b), the National
Academy of Sciences shall make any recommendations that it
considers appropriate for additional scientific studies
(including studies relating to treatment models) to resolve
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areas of continuing scientific uncertainty relating to the
health consequences of exposure to toxic agents or
environmental or wartime hazards associated with Gulf War
service.
(2) In making recommendations for additional studies, the
Academy shall consider the available scientific data, the
value and relevance of the information that could result from
such studies, and the cost and feasibility of carrying out
such studies.
(g) Subsequent Reviews.--(1) Under the agreement under
subsection (b), the National Academy of Sciences shall
conduct on a periodic and ongoing basis additional reviews of
the evidence and data relating to its activities under this
section.
(2) As part of each review under this subsection, the
Academy shall--
(A) conduct as comprehensive a review as is practicable of
the evidence referred to in subsection (c) and the data
referred to in subsections (d), (e), and (f) that became
available since the last review of such evidence and data
under this section; and
(B) make its determinations on the basis of the results of
such review and all other reviews conducted for the purposes
of this section.
(h) Reports.--(1) Under the agreement under subsection (b),
the National Academy of Sciences shall submit to the
committees and officials referred to in paragraph (4)
periodic written reports regarding the Academy's activities
under the agreement.
(2) The first report under paragraph (1) shall be
transmitted not later than 18 months after the date of
enactment of this Act. That report shall include--
(A) the determinations and discussion referred to in
subsection (d);
(B) the results of the review of models of treatment under
subsection (e); and
(C) any recommendations of the Academy under subsection
(f).
(3)(A) Reports shall be submitted under this subsection at
least once every two years, as measured from the date of the
report under paragraph (2).
(B) In any report under this subsection (other than the
report under paragraph (2)), the Academy may specify an
absence of meaningful developments in the scientific or
medical community with respect to the activities of the
Academy under this section during the 2-year period preceding
the date of such report.
(4) Reports under this subsection shall be submitted to the
following:
(A) The designated congressional committees.
(B) The Secretary of Veterans Affairs.
(C) The Secretary of Defense.
(i) Sunset.--This section shall cease to be effective 10
years after the last day of the fiscal year in which the
National Academy of Sciences submits the first report under
subsection (h).
(j) Alternative Contract Scientific Organization.--(1) If
the Secretary is unable within the time period set forth in
subsection (b) to enter into an agreement with the National
Academy of Sciences for the purposes of this section on terms
acceptable to the Secretary, the Secretary shall seek to
enter into an agreement for the purposes of this section with
another appropriate scientific organization that is not part
of the Government and operates as a not-for-profit entity and
that has expertise and objectivity comparable to that of the
National Academy of Sciences.
(2) If the Secretary enters into such an agreement with
another organization, any reference in this section and in
section 1118 of title 38, United States Code (as added by
section 2), to the National Academy of Sciences shall be
treated as a reference to the other organization.
SEC. 4. MONITORING OF HEALTH STATUS AND TREATMENT OF PERSIAN
GULF WAR VETERANS.
(a) Information Data Base.--(1) The Secretary of Veterans
Affairs shall, in consultation with the Secretary of Defense,
develop a plan for the establishment and operation of a
single computerized information data base for the collection,
storage, and analysis of information on--
(A) the diagnosed and undiagnosed illnesses suffered by
current and former members of the Armed Forces who served in
the Southwest Asia theater of operations during the Persian
Gulf War; and
(B) the treatment provided such members for--
(i) any chronic undiagnosed illnesses; and
(ii) any chronic illnesses for which the National Academy
of Sciences has identified a valid model of treatment
pursuant to its review under section 3(e).
(2) The plan shall provide for the commencement of the
operation of the data base not later than 18 months after the
date of enactment of this Act.
(3) The Secretary shall ensure in the plan that the data
base provides the capability of monitoring and analyzing
information on--
(A) the illnesses covered by paragraph (1)(A);
(B) the treatments covered by paragraph (1)(B); and
(C) the efficacy of such treatments.
(4) In order to meet the requirement under paragraph (3),
the plan shall ensure that the data base includes the
following:
(i) Information in the Persian Gulf War Veterans Health
Registry established under section 702 of the Persian Gulf
War Veterans' Health Status Act (title VII of Public Law 102-
585; 38 U.S.C. 527 note).
(ii) Information in the Comprehensive Clinical Evaluation
Program for Veterans established under section 734 of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (10 U.S.C. 1074 note).
(iii) Information derived from other examinations and
treatment provided veterans who served in the Southwest Asia
theater of operations during the Persian Gulf War.
(iv) Information derived from other examinations and
treatment provided current members of the Armed Forces
(including members on active duty and members of the reserve
components) who served in that theater of operations during
that war.
(v) Such other information as the Secretary of Veterans
Affairs and the Secretary of Defense consider appropriate.
(5) Not later than one year after the date of enactment of
this Act, the Secretary shall submit the plan developed under
paragraph (1) to the following:
(A) The designated congressional committees.
(B) The Secretary of Veterans Affairs.
(C) The Secretary of Defense.
(D) The National Academy of Sciences.
(6)(A) The agreement under section 3 shall require the
evaluation of the plan developed under paragraph (1) by the
National Academy of Sciences. The Academy shall complete the
evaluation of the plan not later than 90 days after the date
of its submittal to the Academy under paragraph (5).
(B) Upon completion of the evaluation, the Academy shall
submit a report on the evaluation to the committees and
individuals referred to in subparagraphs (A) through (D) of
paragraph (5).
(7) Not later than 90 days after receipt of the report
under paragraph (6), the Secretary shall--
(A) modify the plan in light of the evaluation of the
Academy in the report; and
(B) commence implementation of the plan as so modified.
(b) Compilation and Analysis of Information in Database.--
(1) The Secretary of Veterans Affairs shall compile and
analyze, on an ongoing basis, all clinical data in the data
base under subsection (a) that is likely to be scientifically
useful in determining the association, if any, between the
illnesses (including diagnosed illnesses and undiagnosed
illnesses) of veterans covered by such data and exposure to
toxic agents or environmental or wartime hazards associated
with Gulf War service.
(2) The Secretary of Defense shall compile and analyze, on
an ongoing basis, all clinical data in the data base that is
likely to be scientifically useful in determining the
association, if any, between the illnesses (including
diagnosed illnesses and undiagnosed illnesses) of current
members of the Armed Forces (including members on active duty
and members of the reserve components) and exposure to such
agents or hazards.
(c) Annual Report.--Not later than April 1 of each year
after a year in which the Secretary of Veterans Affairs and
the Secretary of Defense carry out activities under
subsection (b), the Secretaries shall jointly submit to the
designated congressional committees a report containing--
(1) with respect to the data compiled in accordance with
subsection (b) during the preceding year--
(A) an analysis of the data;
(B) a discussion of the types, incidences, and prevalence
of the disabilities and illnesses identified through such
data;
(C) an explanation for the incidence and prevalence of such
disabilities and illnesses;
(D) other reasonable explanations for the incidence and
prevalence of such disabilities and illnesses; and
(E) an analysis of the scientific validity of drawing
conclusions from the incidence and prevalence of such
disabilities and illnesses, as evidenced by such data, about
any association between such disabilities and illnesses, as
the case may be, and exposure to a toxic agent or
environmental or wartime hazard associated with Gulf War
service; and
(2) with respect to the most current information received
under section 3(h) regarding treatment models reviewed under
section 3(e)--
(A) an analysis of the information;
(B) the results of any consultation between such
Secretaries regarding the implementation of such treatment
models in the health care systems of the Department of
Veterans Affairs and the Department of Defense; and
(C) in the event either such Secretary determines not to
implement such treatment models, an explanation for such
determination.
SEC. 5. SCIENTIFIC RESEARCH FEASIBILITY STUDIES PROGRAM.
(a) Establishment of Program.--The Secretary of Veterans
Affairs, the Secretary of Defense, and the Secretary of
Health and Human Services shall jointly carry out a program
to provide for the conduct of studies of the feasibility of
conducting additional scientific research on health hazards
resulting from exposure to toxic agents or environmental or
wartime hazards associated with Gulf War service.
(b) Program Requirements.--(1) Under the program under
subsection (a), the Secretaries shall, pursuant to criteria
prescribed pursuant to paragraph (2), jointly award contracts
or furnish financial assistance to non-Government entities
for the conduct of studies referred to in subsection (a).
(2) The Secretaries shall jointly prescribe criteria for--
(A) the selection of entities to be awarded contracts or to
receive financial assistance under the program; and
[[Page S11204]]
(B) the approval of studies to be conducted under such
contracts or with such financial assistance.
(c) Report.--The Secretaries shall jointly report the
results of studies conducted under the program to the
designated congressional committees.
(d) Consultation With National Academy of Sciences.--(1) To
the extent provided under the agreement entered into by the
Secretary of Veterans Affairs and the National Academy of
Sciences under section 3--
(A) the Secretary shall consult with the Academy regarding
the establishment and administration of the program under
subsection (a); and
(B) the Academy shall review the studies conducted under
contracts awarded pursuant to the program and the studies
conducted with financial assistance furnished pursuant to the
program.
(2) The agreement shall require the Academy to submit any
recommendations that the Academy considers appropriate
regarding any studies reviewed for purposes of this
subsection to the following:
(A) The designated congressional committees.
(B) The Secretary of Veterans Affairs.
(C) The Secretary of Defense.
(D) The Secretary of Health and Human Services.
SEC. 6. OUTREACH.
(a) Outreach by Secretary of Veterans Affairs.--The
Secretary of Veterans Affairs shall, in consultation with the
Secretary of Defense and the Secretary of Health and Human
Services, carry out an ongoing program to provide veterans
who served in the Southwest Asia theater of operations during
the Persian Gulf War the information described in subsection
(c).
(b) Outreach by Secretary of Defense.--The Secretary of
Defense shall, in consultation with the Secretary of Veterans
Affairs and the Secretary of Health and Human Services, carry
out an ongoing program to provide current members of the
Armed Forces (including members on active duty and members of
the reserve components) who served in that theater of
operations during that war the information described in
subsection (c).
(c) Covered Information.--Information under this subsection
is information relating to--
(1) the health risks, if any, resulting from exposure to
toxic agents or environmental or wartime hazards associated
with Gulf War service; and
(2) any services or benefits available with respect to such
health risks.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``toxic agent or environmental or wartime
hazard associated with Gulf War service'' means a biological,
chemical, or other toxic agent or environmental or wartime
hazard that is known or presumed to be associated with
service in the Armed Forces in the Southwest Asia theater of
operations during the Persian Gulf War.
(2) The term ``designated congressional committees'' means
the following:
(A) The Committees on Veterans' Affairs and Armed Services
of the Senate.
(B) The Committees on Veterans' Affairs and National
Security of the House of Representatives.
Mr. DASCHLE. Mr. President, several years ago, I authored legislation
that today allows Vietnam veterans to receive disability compensation
for their exposure to Agent Orange and other toxic herbicides. This
legislation, known as the Agent Orange Act of 1991, called for the
National Academy of Sciences to review scientific and medical
information related to the health effects of exposure to Agent Orange.
In addition, it provided permanent presumptions of service connection
for soft-tissue sarcoma, non-Hodgkin's lymphoma, chloracne, and any
additional diseases the Secretary of Veterans Affairs, based on the
Academy review and other relevant information, may determine to be
associated with such exposure.
For more than a decade, many in Congress and the Department of
Veterans Affairs [VA] debated whether there was a connection between
exposure to Agent Orange and other toxic herbicides and the illnesses
suffered by Vietnam veterans. There were allegations of bureaucratic
attempts to thwart scientific investigations of the issue and alter,
bury, or delay Government reports that did exist. Ultimately,
independent scientific evidence and a long-term effort to uncover
Government information convinced Congress to pass the Agent Orange Act
of 1991.
With the help and guidance of Senator Rockefeller and many others who
cosponsored this legislation in the House and Senate, Vietnam veterans
exposed to Agent Orange and other herbicides are beginning to receive
the treatment and compensation they deserve. And, with the passage of
additional legislation last year, approximately 2,800 children of
Vietnam veterans whose exposure to Agent Orange has been linked to
their children's diagnosis of spina bifida, a congenital defect in the
spine, are now eligible for health care and related services from the
VA.
Although we have made great strides to determine the cause of
illnesses suffered by Vietnam veterans and their children and agreed to
provide them with just compensation, we have yet to do the same for
those men and women who served in the Persian gulf war. When the first
reports of gulf war illness emerged, several of us warned that we
needed to be sure that we did not repeat the mistakes that were made
with respect to Agent Orange. We needed to act quickly to ask all the
appropriate questions and secure timely answers. Whatever our
investigation might reveal, we needed to uncover the truth and act
accordingly. Our Nation's veterans deserve no less.
Unfortunately, the effort to get to the truth has been undermined by
actions painfully reminiscent of the Agent Orange experience. I am
hopeful, though, that those actions are behind us and that we are now
moving ahead with a single-minded commitment to the truth.
Countless studies have been conducted to determine whether there is a
connection between a wide range of toxins as well as environmental and
wartime hazards and the illnesses suffered by Persian Gulf war veterans
and their families. Despite these efforts, the actual causes of Persian
Gulf war illnesses remain unknown, and many veterans and their families
continue to suffer.
Mr. President, it is time for Congress, the VA, the Department of
Defense [DOD] and the Department of Health and Human Services [HHS] to
step up their efforts to find the causes of Persian Gulf war illnesses.
More importantly, we must provide veterans and their families with
proper medical care and compensation regardless of whether we know the
particular causes of their illnesses.
That is why I am proud to join my friend and colleague from West
Virginia, Senator Rockefeller, in introducing the Persian Gulf War
Veterans Act of 1991. As ranking member of the Senate Veterans' Affairs
Committee, Senator Rockefeller has been a tireless advocate for all
veterans. His commitment and dedication to improving the lives of
veterans and their families is well known, and he and his staff on the
Veterans' Affairs Committee deserve to be commended for their work in
drafting this important legislation.
Since the Persian Gulf war ended in 1991, many veterans have been
suffering from a variety of symptoms, including extreme fatigue, joint
and muscle pain, short-term memory loss, diarrhea, unexplained rashes,
night sweats, headaches, and bleeding gums. Many believe that these
illnesses may be caused by exposure to a wide range of toxins as well
as environmental and wartime hazards. Among the potentially hazardous
substances to which United States servicemembers may have been exposed
are smoke from oil-well fires set by retreating Iraqi soldiers;
pesticides and repellents; depleted uranium used in munitions;
infectious diseases; petroleum products; and vaccines to protect
against chemical warfare agents.
U.S. servicemembers may have also been exposed to chemical warfare
agents. For 5 years, the Pentagon had steadfastly insisted that no
United States soldiers had been exposed to chemical weapons in Iraq. In
June of last year, however, the Pentagon revealed that chemical
munitions had been unknowingly destroyed near an ammunition dump at
Khamisiyah in southern Iraq and that 20,000 United States troops may
have been exposed. In July of this year, the Pentagon changed its
assessment again and announced that nearly 100,000 U.S. servicemembers
may have actually been exposed to trace levels of poisonous sarin gas.
Much like the Agent Orange Act of 1991, the Persian Gulf War Veterans
Act of 1997 calls for the Department of Veterans Affairs to contract
with the National Academy of Sciences to evaluate the available
scientific evidence regarding associations between illnesses suffered
by Persian Gulf war veterans and their exposure to toxins or
environmental or wartime hazards. Specifically, the Academy would
identify the biological, chemical, or other
[[Page S11205]]
toxic agents or environmental or wartime hazards to which U.S. service
members may have been exposed during the Persian Gulf war.
The National Academy of Sciences would be required to identify those
diagnosed and undiagnosed illnesses among Persian Gulf war veterans. In
addition, it would be responsible for reviewing potential treatment for
chronic undiagnosed illnesses. As it did under the Agent Orange
legislation, the Academy would also be authorized to make
recommendations for additional scientific studies regarding the
exposure that Persian Gulf war veterans may have had to toxic agents or
environmental or wartime hazards.
Based upon the assessments of the National Academy of Sciences and
any other relevant scientific and medical information, the Secretary of
Veterans Affairs would then determine whether a presumption of service
connection is warranted for various diagnosed or undiagnosed illnesses.
The Secretary would provide compensation when there is a positive
association between the illness and exposure to one or more toxic
agents or environmental or wartime hazards during the Persian Gulf war.
A positive association is regarded as one where credible evidence for
the association is equal to or outweighs credible evidence against the
association. Like the Agent Orange Act, this legislation provides for
ongoing Academy reviews and puts a mechanism in place whereby the
Secretary may provide compensation for additional illnesses as the
scientific evidence warrants.
The bill Senator Rockefeller and I are introducing today also
requires the VA to collaborate with the Pentagon to operate a
computerized database for the collection, storage, and analysis of
information on the diagnosed and undiagnosed illnesses suffered by
Persian Gulf war veterans. I should point out that the database would
also include information on the treatment veterans receive for chronic
undiagnosed illnesses. The VA would be required to continuously compile
and analyze the information in this database that is likely to
determine the association between the diagnosed and undiagnosed
illnesses suffered by veterans and their exposure to toxic agents or
environmental or wartime hazards during the Persian Gulf war.
In June, the General Accounting Office issued a report stating that,
``although efforts have been made to diagnose veterans' problems and
care had been provided to many eligible veterans, neither DOD nor VA
has systematically attempted to determine whether ill Gulf War veterans
are any better or worse today than when they were first examined.'' The
database we are proposing would correct that deficiency. It would
permit VA and DOD to determine whether Persian Gulf war veterans are
getting better over time and whether they are responding to the
treatment they are receiving.
The bill we are introducing today also calls for enhanced outreach to
those who served in the Persian Gulf war. Specifically, it would
require the VA to consult with DOD and HHS to create an ongoing program
to provide information to veterans and their families. For example,
they would receive information pertaining to the possible health risks
to Persian Gulf war veterans who were exposed to toxic agents or
environmental or wartime hazards. In addition, veterans would receive
valuable information on any services or benefits available to them.
Mr. President, as I mentioned previously, we have made great strides
to determine the cause of illnesses suffered by Vietnam veterans and
their children and agreed to provide them with just compensation. We
must now enhance our efforts to help those who served our country
during the Persian Gulf war. Passage of this legislation is essential
to providing answers to the many questions we have about the causes of
Persian Gulf war illnesses. More importantly, it will ensure that our
veterans are receiving proper medical care and the compensation they
have earned. I again thank Senator Rockefeller for his leadership on
this issue and hope my colleagues will support this important
legislation.
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