[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

[[Page S11203]]

     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.

                          ____________________