[Congressional Record Volume 144, Number 102 (Monday, July 27, 1998)]
[Senate]
[Pages S9045-S9058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   PERSIAN GULF VETERANS ACT OF 1998

  Mr. BYRD. Mr. President, not too long ago, the Senate returned to 
work from celebrating the Fourth of July, Independence Day. By now, the 
flags that flew so gaily in front of our houses have long since been 
furled or folded, tucked away in dark closets until next year. The 
banners and bunting that adorned main streets throughout the country 
have been taken down, and the high school band's uniforms are again 
hanging in orderly rows to await September's football games. Our 
military veterans, cheered at Fourth of July parades as the legacy of 
those proud men who wrested our freedom from the hands of Redcoats, 
have again been put out of most people's minds until somber Veterans 
Day rolls around in November. But it is with the memory of Independence 
Day still fresh in my mind that I consider how well we as a nation 
treat the veterans who have protected our freedoms so well.
  The Department of Veterans Affairs does a pretty good job of taking 
care of individual veterans, despite the fact that funding for veterans 
programs has been declining in real dollars for many years. But, like 
most bureaucracies, the VA does not always move nimbly and with great 
precision to identify big trends as quickly as one might like. In large 
part, that may be because the VA must depend on the even larger and 
more cumbersome Department of Defense to provide it with the background 
information on what happened to our veterans while they were on active 
duty that may require the ministrations of the VA after a conflict. In 
the case of the Persian Gulf War, the Department of Defense did not, by 
its own admission, do a very aggressive job early on in trying to get 
to the bottom of what happened in the Gulf. As a result, we have been 
engaged in a long and circular debate regarding the large numbers of 
sick Persian Gulf War veterans, and the trail that will lead us to the 
answers to what really happened in that theater of operations is 
growing colder by the day.
  Mr. President, I have been working with the Committee on Veterans' 
Affairs on this issue, and I am pleased that Senator Rockefeller, 
Senator Specter, and I have been able to draft a bill that will bring 
to a close a part of the debate that has been eroding the confidence of 
our soldiers in their government's support for them, and eroding the 
confidence of our veterans that their nation cares for them. I thank my 
colleague from West Virginia, Mr. Rockefeller, for his courtesy in 
working with me, and I thank Senator Specter also for his cooperation. 
The encouragement and support offered by the Chronic Illness Research 
Foundation and the veterans service organizations, particularly the 
American Legion, the National Gulf War Resources Center, Vietnam 
Veterans of America, and the National Vietnam and Gulf War Veterans 
Coalition, have also been critical to this joint effort. That debate is 
the now 7-year-old argument over what really happened to our soldiers, 
sailors, and airmen during the Operation Desert Storm to make so many 
of them sick. As of March 31, 1998, there were 112,123 active and 
former military personnel on the Department of Defense and Department 
of Veterans Affairs' Persian Gulf Registries. That is a lot of sick 
people, and I understand that new registrants continue to sign on at a 
rate of 80 to 90 each week.
  In the 7 years since the ``hot'' phase of that conflict ended, a fog 
of words has further obscured the fog of war that enveloped these 
military men and women in its fetid, inky grasp. Panel after panel has 
been convened, congressional committee after congressional committee 
has conducted hearings, report after report has been issued. Mountains 
of paper have been created. Yet, substantial, concrete action to end 
this debate has not been taken, though many recommendations have been 
issued.

  The President's own Advisory Committee on Gulf War Veterans' 
Illnesses warned in their October 1997 final report that the 
government's credibility was at stake and urged that a ``permanent, 
statutory'' program of benefits and health care for the sick Persian 
Gulf veterans be established. This bill that we have introduced today 
begins that important work. It ends the long argument about what 
happened in the Gulf and who might have been exposed to what, and 
focuses on the ``now what?'' phase. This bill establishes a mechanism 
for the National Academy of Sciences or some other comparable body to 
periodically review the scientific and medical literature to identify 
what specific illnesses or diseases might arise from exposure to all of 
those hazardous materials that were present in the Gulf or that can 
otherwise be associated with service in that theater of war. The 
experts provide the Secretary of Veterans Affairs with that list, and 
the Secretary reviews and establishes regulations to establish those 
illnesses and diseases as service connected for the purposes of 
providing medical care and other benefits to Gulf War veterans. The 
Secretary will also receive recommendations from the National Academy 
regarding further medical research needed to answer questions about 
illness and service in the Gulf. The Secretary, in conjunction with the 
Secretary of Defense and the Secretary of Health and Human Services, is 
requested to outline a program of medical research based on those 
recommendations and other information that may warrant further 
research.
  In an effort to jump-start this review process, the bill contains a 
lengthy list of materials to which numerous government and expert 
scientific panels have suggested the Gulf veterans may have been 
exposed. This list was drawn from legislation, H.R. 4036, introduced in 
the House of Representatives by Representative Christopher Shays and 
Representative Bernard Sanders of the Subcommittee on Human Resources 
of the House Committee on Government Reform and Oversight after 2 years 
of hearings and review. Their tireless efforts have been invaluable. 
This bill asks the National Academy to begin its review with that list, 
and to report within 6 months on its findings. Our concern is to 
expedite this process with as much speed as is prudent, given the long 
wait that these veterans have already faced.
  Remember the chiaroscuro images of that conflict--the bright sand 
inked over with grimy, oily debris, the road dust sprayed down with 
oil, chemical alarms blaring, pesticides and insecticides liberally 
sprayed to keep disease-carrying insects at bay, and of men and women 
pumped full of last minute vaccines and ordered to take nerve agent 
pretreatment pills whenever the chemical alarms sounded. Top it all off 
with the image of man-made thunderclouds forming over the vast 
ammunition pit at Khamisiyah when U.S. troops destroyed tons of 
captured Iraqi shells, some unknown quantity of which was loaded with 
chemical mustard and nerve agents. It was a dirty, dirty war, 
concentrated over a fairly compact area filled with almost 700,000 U.S. 
troops. We can be fairly confident on the basis of many previous 
studies that all of these listed hazards and potential hazards were 
present in that theater of war, even though we will never be able to 
say which hazards each individual soldier, sailor, and airman was 
exposed to and at what dosage. But wounds created by chemicals maim 
just as readily, if not as visibly, as bullets.

  This situation, and this legislation addressing it, are similar to 
the way that the terrible legacy of Agent Orange from the Vietnam War 
was finally, agonizingly, resolved. In that case, finally, Congress 
simply declared that we know that these herbicides were present in 
country in enormous quantities, but we do not know, and likely never 
will know, precisely who may have been exposed to them and in what 
dosage. Therefore, we will simply acknowledge that if you were there 
during the time that Agent Orange and the other similar herbicides were 
being used, you may well have been exposed, and if you come down with a 
disease or illness which can be plausibly linked to that exposure, we 
will assume that you may have gotten it as a result of that exposure 
and act accordingly.
  It took a long time to get to that point, but it was the right thing 
to do, and it helped to restore the crisis in confidence that had 
shaken our servicemen and our veterans. The situation in the Gulf is 
hauntingly similar, a refrain from the same song. Almost

[[Page S9046]]

700,000 men and women were in the Gulf when the shooting started and 
operated in a fluid battlefield that included many potential hazards. 
Collection of data was not done or could not be done in a way that 
allows us to reconstruct every nuance of that situation 7 years later. 
Even veterans medical records are not as complete as we would now like 
them to be. So we find ourselves in a chicken soup of possibilities, 
debating endlessly about whether this pea or this carrot or this piece 
of meat was here or there in the soup at any point in time, when really 
all we know is that all the ingredients for a soup were in the pot. So, 
let us stop analyzing that broth at the expense of taking any further 
action and get on with turning it into a restorative and nourishing 
balm for our ailing veterans. This legislation does not presume 
exposure of every veteran to every possible hazard. Rather, it looks at 
these hazards and to the illnesses already being seen in the veteran 
population and determines what diseases and illnesses can be associated 
with that service or those hazards. If the veteran has that disease or 
illness, then it is presumed to have been as a result of his exposure 
to that hazard or hazards or to that service.
  Vietnam veterans had to wait almost 20 years before their medical 
crisis was resolved, and is still being resolved. We must show that we 
as a Government can learn from that experience and push forward so that 
the veterans from the Persian Gulf War do not have to wait so long. I 
think it is possible to learn from history, and recent history provides 
the freshest lessons. If we do not act decisively now, these newest 
veterans will be one more year closer to reaching that sorry halfway 
hurdle. That is why I am proud to cosponsor this bill with Senator 
Rockefeller and Senator Specter, the Persian Gulf War Veterans Act of 
1998, to be considered by the Committee on Veterans' Affairs as it 
meets to address pending legislation. I hope that the Committee will 
receive it favorably, and that the Senate can move to address the needs 
of our nations newest conflict veterans and stem the crisis of 
confidence that the slow and often stumbling Government response to 
this health care dilemma has created in our servicemen and women, and 
in our veterans.
  Mr. President, the men and women who go into combat for the rest of 
us deserve our lasting gratitude. They also deserve to have their 
wounded compatriots properly and aggressively taken care of and that is 
what President Lincoln meant when he said, ``To take care of him who 
has borne the battle, and his widow and children'' which the Department 
of Veterans Affairs has adopted as its motto. When we fail to do this, 
we undermine that covenant, and we put cold and daunting doubt in the 
hearts of those who might otherwise consider volunteering for that hard 
duty.
  To those who are concerned, as I am, about readiness in our military, 
I say that this is the final element of all the recruiting, 
advertising, and patriotic appeals to join the military and serve the 
nation in uniform. This is the element that seals the deal--the 
commitment to care for our soldiers who are wounded in service. It must 
be there, and our men and women in uniform must be confident in its 
compassion and in its endurance, or no signing bonus will keep 
volunteers in the military. We took too long to follow through with our 
veterans from Vietnam, and we are in danger of making the same mistake 
with our veterans from the Persian Gulf:

       A man who is good enough to shed his blood for his country 
     is good enough to be given a square deal afterwards. More 
     than that no man is entitled to, and less than that no man 
     shall have.

  So said President Theodore Roosevelt on another Independence Day 95 
years ago, on July 4, 1903, following the Spanish-American War. I 
believe that this Congress wants to, and will, live up to that 
sentiment.
  Mr. ROCKEFELLER. Mr. President, along with Senator Byrd and Senator 
Specter, I am proud to introduce today the ``Persian Gulf War Veterans 
Act of 1998.'' This bipartisan legislation establishes a clear 
framework for the compensation and health care needs of Gulf War 
veterans. This bill would 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 and builds upon S. 1320, which I introduced last October.
  The bill we introduce today is an even more comprehensive effort to 
address the needs of our Nation's Gulf War veterans. Senator Byrd's and 
Senator Specter's many contributions have served to make this an even 
stronger bill that will help to expedite the process of scientific 
review of possible wartime hazards and exposures that may have 
contributed to illnesses in our Gulf War veterans, which in turn 
expedites compensation to ill veterans. It will also help ensure health 
care for these men and women in the years to come, and improves the 
current program for evaluating the health of families of Gulf War 
veterans.
  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.
  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 seven 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.
  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.
  This bill tasks the NAS with first reviewing a list of likely 
exposures. Such a step will jump start their review and provide NAS 
with an initial blueprint to build upon. This is important because it 
will speed up the process of providing compensation to veterans, and 
our veterans should not have to wait any longer.
  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

[[Page S9047]]

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 extends VA's authority to provide health care to 
Gulf War veterans through December 31, 2001. 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. Gulf War veterans' 
access to health care through VA must be continue to be ensured.
  Fourth, 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.
  Fifth, 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.
  In addition, this legislation calls for the establishment of a system 
to monitor the health status of Persian Gulf War veterans over time. 
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 health care utilization of veterans with chronic 
undiagnosed illnesses to better evaluate these veterans' health care 
needs. 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.
  Also, 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 additional services or benefits that are available.
  This bill also extends and improves upon VA's Persian Gulf War Spouse 
and Children Evaluation Program to allow VA greater flexibility in the 
implementation of this important program and to allow for greater 
access for the families who seek medical evaluations.
  Finally, this bill requires the Secretary of VA to enter into an 
agreement with the National Academy of Sciences to study the 
feasibility of establishing, as an independent entity, a National 
Center for the Study of Military Health. The proposed center would 
evaluate and monitor interagency coordination on issues relating to 
post-deployment health concerns of members of the Armed Forces. In 
addition, this center would evaluate the health care provided to 
members of the Armed Services both before and after their deployment on 
military operations. It could also monitor and direct government 
efforts to evaluate the health of servicemembers upon their return from 
military deployments, for purposes of ensuring the rapid identification 
of any trends in diseases or injuries that result from such operations. 
Finally, such an independent health center could also serve an 
important role in providing training of health care professionals in 
DoD and VA in the evaluation and treatment of post-conflict diseases 
and health conditions, including nonspecific and unexplained illnesses.
  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 ever changing 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. I ask 
my colleagues in the Senate to join Senator Byrd, Senator Specter, and 
me in supporting this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2358

       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 ``Persian 
     Gulf War Veterans Act of 1998''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

           TITLE I--SERVICE CONNECTION FOR GULF WAR ILLNESSES

Sec. 101. Presumption of service connection for illnesses associated 
              with service in the Persian Gulf during the Persian Gulf 
              War.
Sec. 102. Agreement with National Academy of Sciences.
Sec. 103. Monitoring of health status and health care of Persian Gulf 
              War veterans.
Sec. 104. Reports on recommendations for additional scientific 
              research.
Sec. 105. Outreach.
Sec. 106. Definitions.

TITLE II--EXTENSION AND ENHANCEMENT OF GULF WAR HEALTH CARE AUTHORITIES

Sec. 201. Extension of authority to provide health care for Persian 
              Gulf War veterans.
Sec. 202. Extension and improvement of evaluation of health status of 
              spouses and children of Persian Gulf War veterans.

                        TITLE III--MISCELLANEOUS

Sec. 301. Assessment of establishment of independent entity to evaluate 
              post-conflict illnesses among members of the Armed Forces 
              and health care provided by DoD and VA before and after 
              deployment of such members.
           TITLE I--SERVICE CONNECTION FOR GULF WAR ILLNESSES

     SEC. 101. 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--
       ``(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, 
     environmental or wartime hazard, or preventive medicine or 
     vaccine 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, hazard, 
     or medicine or vaccine.
       ``(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, hazard, or medicine or 
     vaccine 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, hazard, or medicine or vaccine by reason of such 
     service.

[[Page S9048]]

       ``(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 or animals to a biological, 
     chemical, or other toxic agent, environmental or wartime 
     hazard, or preventive medicine or vaccine 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 or animals.
       ``(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 102 of the Persian 
     Gulf War Veterans Act of 1998; 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 or animals and exposure to an agent, hazard, or 
     medicine or vaccine 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) Not later than 60 days after the date on which the 
     Secretary receives a report from the National Academy of 
     Sciences under section 102 of the Persian Gulf War Veterans 
     Act of 1998, the Secretary shall determine whether or not a 
     presumption of service connection is warranted for each 
     illness, if any, covered by the report.
       ``(2) If the Secretary determines under this subsection 
     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.
       ``(3)(A) If the Secretary determines under this subsection 
     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.
       ``(B) If an illness already presumed to be service 
     connected under this section is subject to a determination 
     under subparagraph (A), the Secretary shall, not later than 
     60 days after publication of the notice under that 
     subparagraph, issue proposed regulations removing the 
     presumption of service connection for the illness.
       ``(4) Not later than 90 days after the date on which the 
     Secretary issues any proposed regulations under this 
     subsection, 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 102 of the Persian 
     Gulf War Veterans Act of 1998.''.
       (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 under section 
     1118(c) of this title that a presumption of service 
     connection for an undiagnosed illness (or combination of 
     undiagnosed illnesses) previously established under this 
     section is no longer warranted--
       ``(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 102 of the Persian Gulf War Veterans Act of 
     1998.''.

     SEC. 102. 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, 
     environmental or wartime hazards, or preventive medicines or 
     vaccines 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 activities covered by 
     this section and sections 103(a)(6) and 104(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, environmental or wartime hazards, or preventive 
     medicines or vaccines 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)(A) and among other appropriate populations of 
     individuals, including mortality, symptoms, and adverse 
     reproductive health outcomes among such members and 
     individuals.
       (d) Initial Consideration of Specific Agents.--(1) In 
     identifying under subsection (c) the agents, hazards, or 
     preventive medicines or vaccines to which members of the 
     Armed Forces may have been exposed for purposes of the first 
     report under subsection (i), the National Academy of Sciences 
     shall consider, within the first six months after the date of 
     enactment of this Act, the following:
       (A) The following organophosphorous pesticides:
       (i) Chlorpyrifos.
       (ii) Diazinon.
       (iii) Dichlorvos.
       (iv) Malathion.
       (B) The following carbamate pesticides:
       (i) Proxpur.
       (ii) Carbaryl.
       (iii) Methomyl.
       (C) The carbamate pyridostigmine bromide used as nerve 
     agent prophylaxis.
       (D) The following chlorinated dydrocarbon and other 
     pesticides and repellents:
       (i) Lindane.
       (ii) Pyrethrins.
       (iii) Permethrins.
       (iv) Rodenticides (bait).
       (v) Repellent (DEET).
       (E) The following low-level nerve agents and precursor 
     compounds at exposure levels below those which produce 
     immediately apparent incapacitating symptoms:
       (i) Sarin.
       (ii) Tabun.
       (F) The following synthetic chemical compounds:
       (i) Mustard agents at levels below those which cause 
     immediate blistering.
       (ii) Volatile organic compounds.
       (iii) Hydrazine.
       (iv) Red fuming nitric acid.
       (v) Solvents.
       (vi) Uranium.
       (G) The following ionizing radiation:
       (i) Depleted uranium.
       (ii) Microwave radiation.
       (iii) Radio frequency radiation.
       (H) The following environmental particulates and 
     pollutants:
       (i) Hydrogen sulfide.
       (ii) Oil fire byproducts.
       (iii) Diesel heater fumes.
       (iv) Sand micro-particles.
       (I) Diseases endemic to the region (including the 
     following):
       (i) Leishmaniasis.
       (ii) Sandfly fever.
       (iii) Pathogenic escherechia coli.
       (iv) Shigellosis.
       (J) Time compressed administration of multiple live, 
     `attenuated', and toxoid vaccines.
       (2) The consideration of agents, hazards, and medicines and 
     vaccines under paragraph (1) shall not preclude the Academy 
     from identifying other agents, hazards, or medicines or 
     vaccines to which members of the

[[Page S9049]]

     Armed Forces may have been exposed for purposes of any report 
     under subsection (i).
       (3) Not later than six months after the date of enactment 
     of this Act, the National Academy of Science shall submit to 
     the designated congressional committees a report specifying 
     the agents, hazards, and medicines and vaccines considered 
     under paragraph (1).
       (e) Determinations of Associations Between Agents and 
     Illnesses.--(1) For each agent, hazard, or medicine or 
     vaccine 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, hazard, or medicine or vaccine 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 or animal 
     populations exposed to the agent, hazard, or medicine or 
     vaccine; and
       (C) whether a plausible biological mechanism or other 
     evidence of a causal relationship exists between exposure to 
     the agent, hazard, or medicine or vaccine and the illness.
       (2) The Academy shall include in its reports under 
     subsection (i) a full discussion of the scientific evidence 
     and reasoning that led to its conclusions under this 
     subsection.
       (f) 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 other chronic illness that the Academy 
     determines to warrant such 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.
       (g) 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 
     areas of continuing scientific uncertainty relating to the 
     health consequences of exposure to toxic agents, 
     environmental or wartime hazards, or preventive medicines or 
     vaccines 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.
       (h) 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 (e), (f), and (g) that became 
     available since the last review of such evidence and data 
     under this section; and
       (B) make determinations under the subsections referred to 
     in subparagraph (A) on the basis of the results of such 
     review and all other reviews previously conducted for 
     purposes of this section.
       (i) Reports.--(1) Under the agreement under subsection (b), 
     the National Academy of Sciences shall submit to the 
     committees and officials referred to in paragraph (5) 
     periodic written reports regarding the Academy's activities 
     under the agreement.
       (2) The first report under paragraph (1) shall be submitted 
     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 (e);
       (B) the results of the review of models of treatment under 
     subsection (f); and
       (C) any recommendations of the Academy under subsection 
     (g).
       (3) Reports shall be submitted under this subsection at 
     least once every two years, as measured from the date of the 
     report under paragraph (2).
       (4) 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 ending on 
     the date of such report.
       (5) 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.
       (j) 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 (i).
       (k) 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 purposes of this section with 
     another appropriate scientific organization that is not part 
     of the Government, operates as a not-for-profit entity, and 
     has expertise and objectivity comparable to that of the 
     National Academy of Sciences.
       (2) If the Secretary enters into an agreement with another 
     organization under this subsection, any reference in this 
     section, sections 103 and 104, and section 1118 of title 38, 
     United States Code (as added by section 101), to the National 
     Academy of Sciences shall be treated as a reference to such 
     other organization.

     SEC. 103. MONITORING OF HEALTH STATUS AND HEALTH CARE 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 illnesses 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 health care utilization patterns of such members 
     with--
       (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 102(f).
       (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 health care utilization patterns referred to in 
     paragraph (1)(B); and
       (C) the changes in health status of veterans covered by 
     paragraph (1).
       (4) In order to meet the requirement under paragraph (3), 
     the plan shall ensure that the data base includes the 
     following:
       (A) 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).
       (B) 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).
       (C) Information derived from other examinations and 
     treatment provided by Department of Veterans Affairs health 
     care facilities to veterans who served in the Southwest Asia 
     theater of operations during the Persian Gulf War.
       (D) Information derived from other examinations and 
     treatment provided by military health care facilities to 
     current members of the Armed Forces (including members of the 
     active components and members of the reserve components) who 
     served in that theater of operations during that war.
       (E) 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 102 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 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) Annual Report.--Not later than April 1 each year after 
     the year in which operation of the data base under subsection 
     (a) commences, the Secretary of Veterans Affairs and the 
     Secretary of Defense shall jointly submit to the designated 
     congressional committees a report containing--
       (1) with respect to the data compiled under this section 
     during the preceding year--
       (A) an analysis of the data;
       (B) a discussion of the types, incidences, and prevalence 
     of the illnesses identified through such data;
       (C) an explanation for the incidence and prevalence of such 
     illnesses; and
       (D) other reasonable explanations for the incidence and 
     prevalence of such illnesses; and
       (2) with respect to the most current information received 
     under section 102(i) regarding treatment models reviewed 
     under section 102(f)--
       (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

[[Page S9050]]

       (C) in the event either such Secretary determines not to 
     implement such treatment models, an explanation for such 
     determination.

     SEC. 104. REPORTS ON RECOMMENDATIONS FOR ADDITIONAL 
                   SCIENTIFIC RESEARCH.

       (a) Reports.--Not later than 90 days after the date on 
     which the Secretary of Veterans Affairs receives any 
     recommendations from the National Academy of Sciences for 
     additional scientific studies under section 102(g), the 
     Secretary of Veterans Affairs, Secretary of Defense, and 
     Secretary of Health and Human Services shall jointly submit 
     to the designated congressional committees a report on such 
     recommendations, including whether or not the Secretaries 
     intend to carry out any recommended studies.
       (b) Elements.--In each report under subsection (a), the 
     Secretaries shall--
       (1) set forth a plan for each study, if any, that the 
     Secretaries intend to carry out; or
       (2) in case of each study that the Secretaries intend not 
     to carry out, set forth a justification for the intention not 
     to carry out such study.

     SEC. 105. 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 of the active components 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, environmental or wartime hazards, or preventive 
     medicines or vaccines associated with Gulf War service; and
       (2) any services or benefits available with respect to such 
     health risks.

     SEC. 106. DEFINITIONS.

       In this title:
       (1) The term ``toxic agent, environmental or wartime 
     hazard, or preventive medicine or vaccine associated with 
     Gulf War service'' means a biological, chemical, or other 
     toxic agent, environmental or wartime hazard, or preventive 
     medicine or vaccine 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, 
     whether such association arises as a result of single, 
     repeated, or sustained exposure and whether such association 
     arises through exposure singularly or in combination.
       (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.
       (3) The term ``Persian Gulf War'' has the meaning given 
     that term in section 101(33) of title 38, United States Code.
TITLE II--EXTENSION AND ENHANCEMENT OF GULF WAR HEALTH CARE AUTHORITIES

     SEC. 201. EXTENSION OF AUTHORITY TO PROVIDE HEALTH CARE FOR 
                   PERSIAN GULF WAR VETERANS.

       Section 1710(e)(3)(B) of title 38, United States Code, is 
     amended by striking out ``December 31, 1998'' and inserting 
     in lieu thereof ``December 31, 2001''.

     SEC. 202. EXTENSION AND IMPROVEMENT OF EVALUATION OF HEALTH 
                   STATUS OF SPOUSES AND CHILDREN OF PERSIAN GULF 
                   WAR VETERANS.

       (a) Extension.--Subsection (b) of section 107 of the 
     Persian Gulf War Veterans' Benefits Act (title I of Public 
     Law 103-446; 38 U.S.C. 1117 note) is amended by striking out 
     ``ending on December 31, 1998.'' and inserting in lieu 
     thereof ``ending on the earlier of--
       ``(1) the date of the completion of expenditure of funds 
     available for the program under subsection (c); or
       ``(2) December 31, 2001.''.
       (b) Termination of Certain Testing and Evaluation 
     Requirements.--Subsection (a) of that section is amended by 
     striking out the flush matter following paragraph (3).
       (c) Outreach.--Subsection (g) of that section is amended--
       (1) by inserting ``(1)'' before ``The Secretary'';
       (2) by redesignating paragraphs (1) and (2) of paragraph 
     (1), as designated by paragraph (1) of this subsection, as 
     subparagraphs (A) and (B) of that paragraph; and
       (3) by adding at the end the following new paragraphs:
       ``(2) In addition to the outreach activities under 
     paragraph (1), the Secretary shall also provide outreach with 
     respect to the following:
       ``(A) The existence of the program under this section.
       ``(B) The purpose of the program.
       ``(C) The availability under the program of medical 
     examinations and tests, and not medical treatment.
       ``(D) The findings of any published, peer-reviewed research 
     with respect to any associations (or lack thereof) between 
     the service of veterans in the Southwest Asia theater of 
     operations and particular illnesses or disorders of their 
     spouses or children.
       ``(3) Outreach under this subsection shall be provided any 
     veteran who served as a member of the Armed Forces in the 
     Southwest Asia theater of operations and who--
       ``(A) seeks health care or services at medical facilities 
     of the Department of Veterans Affairs; or
       ``(B) is or seeks to be listed in the Persian Gulf War 
     Veterans Registry.''.
       (d) Enhanced Flexibility in Examinations.--That section is 
     further amended--
       (1) by redesignating subsections (i) and (j) as subsections 
     (k) and (l), respectively; and
       (2) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i) Enhanced Flexibility in Examinations.--In order to 
     increase the number of diagnostic tests and medical 
     examinations under the program under this section, the 
     Secretary may--
       ``(1) reimburse the primary physicians of spouses and 
     children covered by that subsection for the costs of 
     conducting such tests or examinations, with such rates of 
     reimbursement not to exceed the rates paid contract entities 
     under subsection (d) for conducting tests or examinations 
     under the program;
       ``(2) conduct such tests or examinations of spouses covered 
     by that subsection in medical facilities of the Department; 
     and
       ``(3) in the event travel is required in order to 
     facilitate such tests or examinations by contract entities 
     referred to in paragraph (1), reimburse the spouses and 
     children concerned for the costs of such travel and of 
     related lodging.''.
       (e) Enhanced Monitoring of Program.--That section is 
     further amended by inserting after subsection (i), as amended 
     by subsection (d) of this section, the following new 
     subsection (j):
       ``(j) Enhanced Monitoring of Program.--In order to enhance 
     monitoring of the program under this section, the Secretary 
     shall provide for monthly reports to the Central Office of 
     the Department on activities with respect to the program by 
     elements of the Department and contract entities under 
     subsection (d).''.
                        TITLE III--MISCELLANEOUS

     SEC. 301. ASSESSMENT OF ESTABLISHMENT OF INDEPENDENT ENTITY 
                   TO EVALUATE POST-CONFLICT ILLNESSES AMONG 
                   MEMBERS OF THE ARMED FORCES AND HEALTH CARE 
                   PROVIDED BY DOD AND VA BEFORE AND AFTER 
                   DEPLOYMENT OF SUCH MEMBERS.

       (a) Agreement for Assessment.--The Secretary of Veterans 
     Affairs shall seek to enter into an agreement with the 
     National Academy of Sciences, or other appropriate 
     independent organization, under which agreement the Academy 
     shall carry out the assessment referred to in subsection (b).
       (b) Assessment.--(1) Under the agreement, the Academy shall 
     assess the need for and feasibility of establishing an 
     independent entity to--
       (A) evaluate and monitor interagency coordination on issues 
     relating to the post-deployment health concerns of members of 
     the Armed Forces, including coordination relating to outreach 
     and risk communication, recordkeeping, research, utilization 
     of new technologies, international cooperation and research, 
     health surveillance, and other health-related activities;
       (B) evaluate the health care (including preventive care and 
     responsive care) provided to members of the Armed Forces both 
     before and after their deployment on military operations;
       (C) monitor and direct government efforts to evaluate the 
     health of members of the Armed Forces upon their return from 
     deployment on military operations for purposes of ensuring 
     the rapid identification of any trends in diseases or 
     injuries among such members as a result of such operations;
       (D) provide and direct the provision of ongoing training of 
     health care personnel of the Department of Defense and the 
     Department of Veterans Affairs in the evaluation and 
     treatment of post-deployment diseases and health conditions, 
     including nonspecific and unexplained illnesses; and
       (E) make recommendations to the Department of Defense and 
     the Department of Veterans Affairs regarding improvements in 
     the provision of health care referred to in subparagraph (B), 
     including improvements in the monitoring and treatment of 
     members referred to in that subparagraph.
       (2) The assessment shall cover the health care provided by 
     the Department of Defense and, where applicable, by the 
     Department of Veterans Affairs.
       (c) Report.--(1) The agreement shall require the Academy to 
     submit to the committees referred to in paragraph (3) a 
     report on the results of the assessment under this section 
     not later than one year after the date of enactment of this 
     Act.
       (2) The report shall include the following:
       (A) The recommendation of the Academy as to the need for 
     and feasibility of establishing an independent entity as 
     described in subsection (b) and a justification of such 
     recommendation.

[[Page S9051]]

       (B) If the Academy recommends that an entity be 
     established, the recommendations of the Academy as to--
       (i) the organizational placement of the entity;
       (ii) the personnel and other resources to be allocated to 
     the entity;
       (iii) the scope and nature of the activities and 
     responsibilities of the entity; and
       (iv) mechanisms for ensuring that any recommendations of 
     the entity are carried out by the Department of Defense and 
     the Department of Veterans Affairs.
       (3) The report shall be submitted to the following:
       (A) The Committee on Veterans' Affairs and the Committee on 
     Armed Services of the Senate.
       (B) The Committee on Veterans' Affairs and the Committee on 
     National Security of the House of Representatives.

  Mr. SPECTER. Mr. President, I am very pleased to join my colleagues 
Senator Byrd and Senator Rockefeller who have worked so carefully in 
crafting this legislation, the Persian Gulf War Veterans Act of 1998. 
Thus, I am pleased to be an original co-sponsor on this bill.
  This is a major piece of legislation on behalf of a very important 
group of veterans. For too long, many Gulf War veterans unsuccessfully 
have sought promised assistance from our government for the troubling 
and unexplained health problems they have suffered since they returned 
home from the Gulf War conflict seven years ago. This bill will fill 
important gaps in the current health care services and compensation 
benefits actually being provided to these veterans. It will advance 
efforts to determine what happened to these veterans during their 
deployment that may have affected their current health. It also 
provides a mechanism for an independent scientific entity--the National 
Academy of Sciences--to identify on a scientific basis linkages between 
toxic substances to which Gulf War veterans were exposed during their 
deployment and the illnesses that many now suffer, and for the 
Secretary of Veterans Affairs to issue regulations based on the NAS's 
findings creating presumptions of service connection for health care 
and benefits purposes for Gulf War veterans.
  This bill is the latest in a series of laws we have passed in 
recognition of the deep debt we owe those brave men and women who 
answered their country's call and put their lives on the line on behalf 
of us all during the Gulf War. Although that war ended quickly with 
relatively few immediate casualties, the long term impact of that 
deployment--which had as a daily reality the very real threat that Iraq 
would use chemical or biological weapons--was immense and 
unanticipated. The casualties now are those Gulf War veterans who, 
several years after the war, have a variety of symptoms and illnesses 
that fall into no set pattern but for which they still cannot get 
effective help from our government. This is, unfortunately, 
particularly true at the Department of Veterans Affairs, which has as 
its mission the care for and compensation of veterans who fall ill as a 
result of their military service, and is why this bill focuses on 
directing the VA to take steps to remedy the situation that many Gulf 
War veterans find themselves in. It is clear that many Gulf War 
veterans are suffering from very real physical problems, many of which 
are still-evolving and the cause of which remains unclear. Effective 
treatments in many cases have yet to be identified, and even where 
treatment could be helpful it is not yet uniformly provided to all Gulf 
War veterans who seek it. And, individuals who develop health problems 
after their service in the Gulf continue to encounter significant 
problems in obtaining adequate and timely compensation benefits.
  It is true that the Department of Veterans Affairs has instituted 
programs and made efforts to treat Gulf War veterans. But clearly, the 
current realization of those efforts is not worthy of what these 
veterans--who have been identified as a high priority group by VA 
itself--deserve. As I travel through my home state of Pennsylvania, I 
hear over and over again the heartbreaking stories of ill Gulf War 
veterans and their families, who are understandably frightened about 
their future health prospects and are frustrated by their attempts to 
get timely and effective health care assistance and compensation 
benefits. This bill should help remove some of the barriers to 
obtaining these services from the VA. It should also help shift to the 
government the burden that in the past has too often fallen on the 
veteran to demonstrate that he or she is ill and why. It does this by 
establishing a structured means for seeking potential positive 
associations between troop exposures to one or more environmental 
hazards in the Gulf region and the unexplained illnesses that many now 
face every day. It compels VA to not just treat these ill veterans in 
isolation and on an ad hoc basis but to monitor their health status 
over time, and requires more research and outreach programs to make 
sure every potentially useful area of research into treatment as well 
as causation is pursued, and that Gulf War veterans know how to obtain 
the VA's services that are provided on their behalf. It also enhances 
VA's authority to implement the program for examinations of the spouses 
and children of these veterans under a program that we established some 
years ago but that VA has utterly failed to implement in a truly 
effective way.
  This is another opportunity for us to learn from the past and not 
repeat the delays or mistakes that were made in helping the veterans of 
previous conflicts who have suffered long term, adverse health 
consequences as a result of their military service. America's Gulf War 
veterans deserve no less.
                                 ______
                                 
      By Mr. INHOFE (for himself, Mr. Faircloth, Mr. Lugar, Mr. Kerry, 
        Mr. Baucus, Mr. Lautenberg, Mr. Wyden, Mr. Graham, Mr. 
        Jeffords, and Mr. Domenici):
  S. 2359. A bill to amend the National Environmental Education Act to 
extend the programs under the Act, and for other purposes; to the 
Committee on Environment and Public Works.


             national environmental amendments act of 1998

 Mr. INHOFE. Mr. President, today I introduce legislation to 
reauthorize the National Environment Education Act. I am joined by my 
colleagues Senators Faircloth, Lugar, Kerry, Baucus, Lautenberg, Wyden, 
Graham, Jeffords, and Domenici.
  Over the last few years environmental education has been criticized 
for being one-sided and heavy-handed. People have accused environmental 
advocates of trying to brainwash children and of pushing an 
environmental agenda that is not supported by the facts or by science. 
They also accuse the Federal government of setting one curriculum 
standard and forcing all schools to subscribe to their views. This is 
not how these two environmental education programs have worked, and I 
have taken specific steps to ensure that they never work this way.
  This legislation accomplishes two important functions. First, it 
cleans up the current law to make the programs run more efficiently. 
And second, it places two very important safeguards in the program to 
ensure its integrity in the future.
  I have placed in this bill language to ensure that the EPA programs 
are ``balanced and scientifically sound.'' It is important that 
environmental education is presented in an unbiased and balanced 
manner. The personal values and prejudices of the educators should not 
be instilled in our children. Instead we must teach them to think for 
themselves after they have been presented with all of the facts and 
information. Environmental ideas must be grounded in sound science and 
not emotional bias. While these programs have not been guilty of this 
in the past, this is an important safeguard to protect the future of 
environmental education.
  Second, I have included language which prohibits any of the funds to 
be used for lobbying efforts. While these programs have not used the 
grant process to lobby the government, there are other programs which 
have been accused of this and this language will ensure that this 
program never becomes a vehicle for the executive branch to lobby 
Congress.
  This is an important piece of legislation, and I hope both the Senate 
and the House can act quickly to reauthorize these programs.
  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:

[[Page S9052]]

                                S. 2359

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Environmental 
     Education Amendments Act of 1998''.

     SEC. 2. OFFICE OF ENVIRONMENTAL EDUCATION.

       Section 4 of the National Environmental Education Act (20 
     U.S.C. 5503) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1) by inserting after ``support'' the 
     following: ``balanced and scientifically sound'';
       (B) by striking paragraph (6);
       (C) by redesignating paragraphs (7) through (13) as 
     paragraphs (6) through (12), respectively; and
       (D) in paragraph (12) (as so redesignated), by inserting 
     before the period the following: ``through the headquarters 
     and the regional offices of the Agency''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Staff.--The Office of Environmental Education shall--
       ``(1) include a headquarters staff of not more than 10 
     full-time equivalent employees; and
       ``(2) be supported by 1 full-time equivalent employee in 
     each Agency regional office.
       ``(d) Activities.--The Administrator may carry out the 
     activities specified in subsection (b) directly or through 
     awards of grants, cooperative agreements, or contracts.''.

     SEC. 3. ENVIRONMENTAL EDUCATION GRANTS.

       Section 6 of the National Environmental Education Act (20 
     U.S.C. 5505) is amended--
       (1) in the second sentence of subsection (i), by striking 
     ``25 percent'' and inserting ``15 percent''; and
       (2) by adding at the end the following:
       ``(j) Lobbying Activities.--A grant under this section may 
     not be used to support a lobbying activity (as described in 
     the documents issued by the Office of Management and Budget 
     and designated as OMB Circulars No. A-21 and No. A-122).
       ``(k) Guidance Review.--Before the Administrator issues any 
     guidance to grant applicants, the guidance shall be reviewed 
     and approved by the Science Advisory Board of the Agency.''.

     SEC. 4. ENVIRONMENTAL INTERNSHIPS AND FELLOWSHIPS.

       (a) In General.--The National Environmental Education Act 
     is amended--
       (1) by striking section 7 (20 U.S.C. 5506); and
       (2) by redesignating sections 8 through 11 (20 U.S.C. 5507 
     through 5510) as sections 7 through 10, respectively.
       (b) Conforming Amendments.--The National Environmental 
     Education Act is amended--
       (1) in the table of contents in section 1(b) (20 U.S.C. 
     prec. 5501)--
       (A) by striking the item relating to section 7; and
       (B) by redesignating the items relating to sections 8 
     through 11 as items relating to sections 7 through 10, 
     respectively;
       (2) in section 4(b) (20 U.S.C. 5503(b))--
       (A) in paragraph (6) (as redesignated by section 2(1)(C)), 
     by striking ``section 8 of this Act'' and inserting ``section 
     7''; and
       (B) in paragraph (7) (as so redesignated), by striking 
     ``section 9 of this Act'' and inserting ``section 8'';
       (3) in section 6(c)(3) (20 U.S.C. 5505(c)(3)), by striking 
     ``section 9(d) of this Act'' and inserting ``section 8(d)'';
       (4) in the matter preceding subsection (c)(3)(A) of section 
     9 (as redesignated by subsection (a)(2)), by striking 
     ``section 10(a) of this Act'' and inserting ``subsection 
     (a)''; and
       (5) in subsection (c)(2) of section 10 (as redesignated by 
     subsection (a)(2)), by striking ``section 10(d) of this Act'' 
     and inserting ``section 9(d)''.

     SEC. 5. NATIONAL EDUCATION AWARDS.

       Section 7 of the National Environmental Education Act (as 
     redesignated by section 4(a)(2)) is amended to read as 
     follows:

     ``SEC. 7. NATIONAL EDUCATION AWARDS.

       ``The Administrator may provide for awards to be known as 
     the `President's Environmental Youth Awards' to be given to 
     young people in grades kindergarten through 12 for 
     outstanding projects to promote local environmental 
     awareness.''.

     SEC. 6. ENVIRONMENTAL EDUCATION ADVISORY COUNCIL AND TASK 
                   FORCE.

       Section 8 of the National Environmental Education Act (as 
     redesignated by section 4(a)(2)) is amended--
       (1) in subsection (b)(2), by striking the first and second 
     sentences and inserting the following: ``The Advisory Council 
     shall consist of not more than 11 members appointed by the 
     Administrator after consultation with the Secretary. To the 
     extent practicable, the Administrator shall appoint to the 
     Advisory Council at least 1 representative from each of the 
     following sectors: primary and secondary education; colleges 
     and universities; not-for-profit organizations involved in 
     environmental education; State departments of education and 
     natural resources; business and industry; and senior 
     Americans.'';
       (2) in subsection (c), by striking paragraph (2) and 
     inserting the following:
       ``(2) Membership.--Membership on the Task Force shall be 
     open to representatives of any Federal agency actively 
     engaged in environmental education.''; and
       (3) in subsection (d), by striking paragraph (1) and 
     inserting the following:
       ``(1) Biennial meetings.--The Advisory Council shall hold a 
     biennial meeting on timely issues regarding environmental 
     education and issue a report and recommendations on the 
     proceedings of the meeting.''.

     SEC. 7. NATIONAL ENVIRONMENTAL LEARNING FOUNDATION.

       (a) Change in Name.--
       (1) In general.--The first sentence of subsection (a)(1)(A) 
     of section 9 of the National Environmental Education Act (as 
     redesignated by section 4(a)(2)) is amended by striking 
     ``National Environmental Education and Training Foundation'' 
     and inserting ``National Environmental Learning Foundation''.
       (2) Conforming amendments.--The National Environmental 
     Education Act (20 U.S.C. 5501 et seq.) is amended--
       (A) in the item relating to section 9 (as redesignated by 
     section 4(b)(1)(B)) of the table of contents in section 1(b) 
     (20 U.S.C. prec. 5501), by striking ``National Environmental 
     Education and Training Foundation'' and inserting ``National 
     Environmental Learning Foundation'';
       (B) in section 3 (20 U.S.C. 5502)--
       (i) by striking paragraph (12) and inserting the following:
       ``(12) Foundation.--`Foundation' means the National 
     Environmental Learning Foundation'' established by section 9; 
     and''; and
       (ii) in paragraph (13), by striking ``National 
     Environmental Education and Training Foundation'' and 
     inserting ``National Environmental Learning Foundation'';
       (C) in the heading of section 9 (as redesignated by section 
     4(a)(2)), by striking ``NATIONAL ENVIRONMENTAL EDUCATION AND 
     TRAINING FOUNDATION'' and inserting ``NATIONAL ENVIRONMENTAL 
     LEARNING FOUNDATION''; and
       (D) in subsection (c) of section 10 (as redesignated by 
     section 4(a)(2)), by striking ``National Environmental 
     Education and Training Foundation'' and inserting ``National 
     Environmental Learning Foundation''.
       (b) Board of Directors; Number of Directors.--The first 
     sentence of subsection (b)(1)(A) of section 9 of the National 
     Environmental Education Act (as redesignated by section 
     4(a)(2)) is amended by striking ``13'' and inserting ``19''.
       (c) Acknowledgment of Donations.--Section 9(d) of the 
     National Environmental Education Act (as redesignated by 
     section 4(a)(2)) is amended by striking paragraph (3) and 
     inserting the following:
       ``(3) Acknowledgment of donors.--The Foundation may 
     acknowledge receipt of donations by means of a listing of the 
     names of donors in materials distributed by the Foundation, 
     but any such acknowledgment--
       ``(A) shall not appear in educational material to be 
     presented to students; and
       ``(B) shall not identify a donor by means of a logo, 
     letterhead, or other corporate commercial symbol, slogan, or 
     product.''.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       Section 10 of the National Environmental Education Act (as 
     redesignated by section 4(a)(2)) is amended by striking 
     subsections (a) and (b) and inserting the following:
       ``(a) In General.--There are authorized to be appropriated 
     to the Environmental Protection Agency to carry out this Act 
     $10,000,000 for each of fiscal years 1999 through 2004.
       ``(b) Limitations.--
       ``(1) In general.--Subject to paragraph (2), of the amounts 
     appropriated under subsection (a) for a fiscal year--
       ``(A) not more than 25 percent may be used for the 
     activities of the Office of Environmental Education;
       ``(B) not more than 25 percent may be used for the 
     operation of the environmental education and training 
     program;
       ``(C) not less than 40 percent shall be used for 
     environmental education grants; and
       ``(D) 10 percent shall be used for the National 
     Environmental Learning Foundation.
       ``(2) Administrative expenses.--Of the amounts made 
     available under paragraph (1) for a fiscal year for the 
     activities of the Office of Environmental Education, not more 
     than 25 percent may be used for administrative expenses.
       ``(c) Expense Report.--As soon as practicable after the end 
     of each fiscal year, the Administrator shall submit to 
     Congress a report stating in detail the items on which funds 
     appropriated for the fiscal year were expended.''.

     SEC. 9. EFFECTIVE DATE.

       The amendments made by this Act shall take effect as of the 
     later of--
       (1) October 1, 1998; or
       (2) the date of enactment of this Act.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Frist):
  S. 2360. A bill to authorize appropriations for the National Oceanic 
and Atmospheric Administration for Fiscal Years 1999, 2000, and 2001, 
and for other purposes; to the Committee on Commerce, Science, and 
Transportation.


 national oceanic and atmospheric Administration Authorization Act of 
                                  1998

 Ms. SNOWE. Mr. President, today I am introducing the National 
Oceanic and Atmospheric Administration Authorization Act of 1998. This 
legislation authorizes appropriations for NOAA research, operations, 
and other activities, reforms the operation of NOAA's hydrographic 
activities, authorizes continuation of the NOAA Corps, requires the 
development of a revised

[[Page S9053]]

NOAA fleet modernization plan, and makes administrative changes related 
to NOAA.
  Mr. President, I consider NOAA to be one of the most important 
agencies of the Federal government. It manages and conserves living 
marine resources; explores, maps, and charts the ocean and its 
resources; describes, monitors, and predicts conditions in the 
atmosphere, ocean, and space environments; and issue whether forecasts 
and warnings, among other missions.
  Certain specific NOAA activities are authorized through individual 
statutes such as the Coastal Zone Management Act, the Magnuson-Stevens 
Fishery Conservation and Management Act, the National Sea Grant College 
Program Act, and the Marine Protection, Research, and Sanctuaries Act. 
But many NOAA activities are conducted pursuant to longstanding general 
authorizations, and the specific details of these programs are 
determined administratively
  Congress last enacted a general NOAA authorization in 1992 (Public 
Law 102-567). The National Oceanic and Atmospheric Administration 
Authorization Act of 1992 authorized funding for NOAA programs through 
FY 1993. As Chair of the Subcommittee on Oceans and Fisheries of the 
Commerce Committee, I think it is time for the Congress to pass an 
updated authorization for these NOAA programs.
  My bill authorizes funding in various accounts in fiscal years 1999 
through 2001 for the National Ocean Service, the National Weather 
Service, the National Environmental Satellite Data and Information 
Service, the Office of Ocean and Atmospheric Research, the National 
Marine Fisheries Service, Program Support, Facilities, and Fleet 
Maintenance and Planning.
  Mr. President, the Congress should make a concerted effort to 
reauthorize NOAA's programs. This legislation will accomplish that 
objective and I would urge my colleagues to support it. 
                                 ______
                                 
      By Mr. INHOFE (for himself and Mr. Graham):
  S. 2361. A bill to amend the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act to authorize programs for predisaster 
mitigation, to streamline the administration of disaster relief, to 
control the Federal costs of disaster assistance, and for other 
purposes; to the Committee on Environment and Public Works.


                  the disaster mitigation act of 1998

 Mr. INHOFE. Mr. President, today I introduce legislation to 
amend the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act. I am introducing this legislation as the chairman of the 
subcommittee with jurisdiction over FEMA, the Clean Air, Wetlands, 
Private Property, and Nuclear Safety Subcommittee. I am joined today by 
my ranking member, Senator Graham, who has worked closely with me in 
drafting this legislation. It is our intention to move swiftly through 
the committee process with the prospect of floor action this fall.
  This bill has two main titles. The first authorizes the Predisaster 
Hazard Mitigation Program. This program helps communities plan for 
disasters before they strike which will reduce the post hazard costs 
associated with disasters. The second title provides a number of 
streamlining and cost reduction measures which will help bring into 
line the funds Congress ends up appropriating through supplemental 
budgets every time we have a major disaster.
  I would like to spend a few minutes discussing two key provisions in 
the Predisaster Mitigation Program that I believe are very important. 
They relate to the Project Impact Program which was thoroughly 
discussed in our recent Subcommittee hearing.
  Project Impact is an innovative program where FEMA is working with 
local communities to help them prepare for disasters. It began last 
year with seven pilots and was expanded this year to include one 
Project Impact community in every State.
  Our Bill authorizes funding for the program for five years, with a 
sunset at the end of the five years. Based on the costs of the first 50 
pilots, the funds authorized will pay for an additional 300 
communities. I expect FEMA to work on how best to devolve this program 
to the local communities over the next five years. If this program is 
going to be successful then it must evolve into a State and locally run 
program.
  Some may question why a sunset for a program like this is necessary, 
so let me explain. In the legislation we require the GAO to conduct a 
study of the program and report back to the Congress in three years. We 
also ask FEMA to report back on the success of the program. It is my 
intent that these reports make specific recommendations for the next 
phase of Project Impact. The House legislation only authorizes Project 
Impact for three years, I felt it was necessary to authorize the 
program for five years which will give Congress plenty of time to 
authorize the next phase of Project Impact.
  This program cannot be another Federal bureaucratic program that 
continues to mushroom without clear direction and with escalating 
costs. At this point no one has enough experience to predict how this 
program should look in five years. As FEMA says, this is not just 
another big government program, and Congress should not treat it as 
one. 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. 2361

       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 ``Disaster 
     Mitigation Act of 1998''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                 TITLE I--PREDISASTER HAZARD MITIGATION

Sec. 101. Findings and purpose.
Sec. 102. State mitigation program.
Sec. 103. Disaster assistance plans.
Sec. 104. Predisaster hazard mitigation.
Sec. 105. Study regarding predisaster hazard mitigation.
Sec. 106. Interagency task force.
Sec. 107. Maximum contribution for mitigation costs.
Sec. 108. Conforming amendment.

               TITLE II--STREAMLINING AND COST REDUCTION

Sec. 201. Management costs.
Sec. 202. Assistance to repair, restore, reconstruct, or replace 
              damaged facilities.
Sec. 203. Federal assistance to individuals and households.
Sec. 204. Repeals.
Sec. 205. State administration of hazard mitigation assistance program.
Sec. 206. Streamlining of damaged facilities program.
Sec. 207. Study regarding cost reduction.
Sec. 208. Study regarding disaster insurance for public infrastructure.
Sec. 209. Study regarding declarations.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. Definition of State.
                 TITLE I--PREDISASTER HAZARD MITIGATION

     SEC. 101. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) greater emphasis needs to be placed on identifying and 
     assessing the risks to States and local communities and 
     implementing adequate measures to reduce losses from natural 
     disasters and to ensure that critical facilities and public 
     infrastructure will continue to function after a disaster;
       (2) expenditures for post-disaster assistance are 
     increasing without commensurate reduction in the likelihood 
     of future losses from natural disasters;
       (3) a high priority in the expenditure of Federal funds 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) should be to 
     implement predisaster activities at the local level; and
       (4) with a unified effort of economic incentives, awareness 
     and education, technical assistance, and demonstrated Federal 
     support, States and local communities will be able to 
     increase their capabilities to--
       (A) form effective community-based partnerships for 
     mitigation purposes;
       (B) implement effective natural disaster mitigation 
     measures that reduce the risk of future damage, hardship, and 
     suffering;
       (C) ensure continued functioning of critical facilities and 
     public infrastructure;
       (D) leverage additional non-Federal resources into meeting 
     disaster resistance goals; and
       (E) make commitments to long-term disaster mitigation 
     efforts for new and existing structures.
       (b) Purpose.--The purpose of this title is to establish a 
     predisaster hazard mitigation program that--
       (1) reduces the loss of life and property, human suffering, 
     economic disruption, and disaster assistance costs resulting 
     from natural hazards; and
       (2) provides a source of predisaster hazard mitigation 
     funding that will assist States and local governments in 
     implementing effective mitigation measures that are designed 
     to ensure the continued functioning

[[Page S9054]]

     of critical facilities and public infrastructure after a 
     natural disaster.

     SEC. 102. STATE MITIGATION PROGRAM.

       Section 201(c) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5131(c)) is amended 
     in the third sentence--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) set forth, with the ongoing cooperation of local 
     governments and consistent with section 409, a comprehensive 
     and detailed State program for mitigating emergencies and 
     major disasters, including provisions for prioritizing 
     mitigation measures.''.

     SEC. 103. DISASTER ASSISTANCE PLANS.

       Section 201 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131) is amended by 
     striking subsection (d) and inserting the following:
       ``(d) Grants for Disaster Assistance and Hazard 
     Identification.--The President may make grants for--
       ``(1) not to exceed 50 percent of the cost of improving, 
     maintaining, and updating State disaster assistance plans, 
     including, consistent with section 409, evaluation of natural 
     hazards and development of the programs and actions required 
     to mitigate natural hazards; and
       ``(2) not to exceed 50 percent of the cost of testing and 
     application of emerging hazard identification technologies, 
     such as improved floodplain mapping technologies that--
       ``(A) can be used by and in cooperation with State and 
     local governments; and
       ``(B) the President determines will likely result in 
     substantial cost savings as compared to current hazard 
     identification methods.''.

     SEC. 104. PREDISASTER HAZARD MITIGATION.

       (a) In General.--Title II of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 
     et seq.) is amended by adding at the end the following:

     ``SEC. 203. PREDISASTER HAZARD MITIGATION.

       ``(a) Definition of Small Impoverished Community.--In this 
     section, the term `small impoverished community' means a 
     community of 10,000 or fewer individuals who are economically 
     disadvantaged, as determined by the State in which the 
     community is located and based on criteria established by the 
     President.
       ``(b) General Authority.--The President may establish a 
     program to provide financial assistance to States, local 
     governments, and other entities for the purpose of carrying 
     out predisaster hazard mitigation activities that exhibit 
     long-term, cost-effective benefits and substantially reduce 
     the risk of future damage, hardship, or suffering from a 
     major disaster.
       ``(c) Purpose of Assistance.--A State, local government, or 
     other entity that receives financial assistance under this 
     section shall use the assistance for funding activities that 
     exhibit long-term, cost-effective benefits and substantially 
     reduce the risk of future damage, hardship, or suffering from 
     a major disaster.
       ``(d) Allocation of Funds.--Financial assistance made 
     available to a State, including financial assistance made 
     available to local governments of the State, under this 
     section for a fiscal year shall--
       ``(1) be in an amount that is not less than the lesser of 
     $500,000 or 1.0 percent of the total funds appropriated to 
     carry out this section for the fiscal year;
       ``(2) be in an amount that does not exceed 15 percent of 
     the total funds appropriated to carry out this section for 
     the fiscal year; and
       ``(3) be provided for projects that meet the criteria 
     specified in subsection (e).
       ``(e) Criteria.--Subject to subsections (d) and (f), in 
     determining whether to provide assistance to a State, local 
     government, or other entity under this section and the amount 
     of the assistance, the President shall consider the following 
     criteria:
       ``(1) The likelihood of a natural disaster increasing the 
     risk of future damage to a community.
       ``(2) The clear identification of prioritized cost-
     effective mitigation activities that produce meaningful and 
     definable outcomes.
       ``(3) If the State has submitted a mitigation program in 
     cooperation with local governments under section 201(c)(3), 
     the degree to which the activities identified under paragraph 
     (2) are consistent with the State mitigation program.
       ``(4) The opportunity to fund activities that maximize net 
     benefits to society.
       ``(5) The ability of the State, local government, or other 
     entity to fund mitigation activities, with additional 
     consideration for mitigation activities in small impoverished 
     communities.
       ``(6) The level of interest by the private sector to enter 
     into a partnership to promote mitigation.
       ``(7) Such other criteria as the President establishes in 
     consultation and coordination with State and local 
     governments.
       ``(f) State Nominations.--
       ``(1) In general.--
       ``(A) Recommendations by governor.--The Governor of each 
     State may recommend to the President not fewer than 5 local 
     governments or other entities to receive assistance under 
     this section.
       ``(B) Submissions to president.--The recommendations shall 
     be submitted to the President not later than January 1 of 
     calendar year 1999 and each calendar year thereafter or such 
     later date in the calendar year as the President may 
     establish.
       ``(C) Criteria for recommendations.--In making the 
     recommendations, each Governor shall consider the criteria 
     specified in subsection (e).
       ``(2) Use.--
       ``(A) In general.--In providing assistance to local 
     governments and other entities under this section, the 
     President shall select from among the local governments and 
     other entities recommended by the Governors under this 
     subsection.
       ``(B) Selection of additional entities.--On the request of 
     a local government, the President may select additional 
     entities if the President determines that special 
     circumstances justify the additional selection and the 
     selection will meet the criteria specified in subsection (e).
       ``(3) Effect of failure to nominate.--If a Governor of a 
     State fails to submit recommendations under this subsection 
     in a timely manner, the President may select, subject to the 
     criteria specified in subsection (e), any local governments 
     or other entities of the State to receive assistance under 
     this section.
       ``(g) Federal Share.--The Federal share of the cost of 
     mitigation activities approved by the President for financial 
     assistance under this section shall be--
       ``(1) except as provided in paragraph (2), up to 75 
     percent; and
       ``(2) in the case of mitigation activities in small 
     impoverished communities, up to 90 percent.
       ``(h) Local Governments.--In carrying out this section, the 
     President and States shall--
       ``(1) consult with local governments for the purpose of 
     developing a list of appropriate activities for predisaster 
     hazard mitigation funding; and
       ``(2) delegate to the local governments the decision to 
     select specific activities from the list developed under 
     paragraph (1).
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $35,000,000 for 
     each of fiscal years 1998 through 2002.
       ``(j) Authorization of Section 404 Funds.--In addition to 
     amounts appropriated under subsection (i), the President, in 
     consultation and coordination with State and local 
     governments, may use to carry out this section funds that are 
     appropriated to carry out section 404 for post-disaster 
     mitigation activities that have not been obligated within 30 
     months after the disaster declaration on which the funding 
     availability is based.
       ``(k) Termination of Effectiveness.--The authority provided 
     by this section terminates effective October 1, 2003.''.
       (b) Report on Federal and State Administration.--Not later 
     than 18 months after the date of enactment of this Act, the 
     President, in consultation and coordination with State and 
     local governments, shall submit to Congress a report 
     evaluating efforts to implement this section and recommending 
     a process for the future administration of the program, 
     including--
       (1) the appropriateness of transferring to State and local 
     governments greater authority and responsibility for 
     administering the assistance program authorized by section 
     203 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (as added by subsection (a)); and
       (2) consideration of private sector initiatives for 
     predisaster mitigation to supplement the activities of the 
     President and the Federal Emergency Management Agency.

     SEC. 105. STUDY REGARDING PREDISASTER HAZARD MITIGATION.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study to--
       (1) examine the effectiveness of the predisaster hazard 
     mitigation program authorized by section 203 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (as 
     added by section 104(a)), including a review of the goals and 
     objectives of the program;
       (2) determine if the expenditures under the program are 
     warranted in terms of mitigation, disaster avoidance, and 
     dollars saved; and
       (3) develop recommendations concerning the appropriate 
     selection of sites and activities conducted with respect to 
     predisaster mitigation.
       (b) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study.

     SEC. 106. INTERAGENCY TASK FORCE.

       (a) In General.--The President shall establish an 
     interagency task force for the purpose of coordinating the 
     implementation of predisaster hazard mitigation programs 
     administered by the Federal Government.
       (b) Chairperson.--The Director of the Federal Emergency 
     Management Agency shall serve as the chairperson of the task 
     force.
       (c) Membership.--The membership of the task force shall 
     include representatives of State and local government 
     organizations.

     SEC. 107. MAXIMUM CONTRIBUTION FOR MITIGATION COSTS.

       (a) In General.--Section 404(a) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c(a)) is amended in the last sentence by striking ``15 
     percent'' and inserting ``20 percent''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to each major disaster declared under the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) after March 1, 1997.

[[Page S9055]]

     SEC. 108. CONFORMING AMENDMENT.

       Title II of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended 
     by striking the title heading and inserting the following:
     ``TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE''.
               TITLE II--STREAMLINING AND COST REDUCTION

     SEC. 201. MANAGEMENT COSTS.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) is amended by adding at the end the following:

     ``SEC. 322. MANAGEMENT COSTS.

       ``(a) Definition of Management Cost.--In this section, the 
     term `management cost' includes any indirect cost, 
     administrative expense, and any other expense not directly 
     chargeable to a specific project under a major disaster, 
     emergency, or emergency preparedness activity or measure.
       ``(b) Management Cost Rates.--Notwithstanding any other 
     provision of law (including any administrative rule or 
     guidance), the President shall establish management cost 
     rates for grantees and subgrantees that shall be used to 
     determine contributions under this Act for management costs.
       ``(c) Review.--The President shall review the management 
     cost rates established under subsection (a) not later than 3 
     years after the date of establishment of the rates and 
     periodically thereafter.
       ``(d) Regulations.--The President shall promulgate a 
     regulation to define appropriate costs to be included in 
     management costs under this section.''.
       (b) Applicability.--Section 322 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (as added by 
     subsection (a)) shall apply as follows:
       (1) In general.--Subsections (a), (b), and (d) of section 
     322 of that Act shall apply to each major disaster declared 
     under that Act on or after the date of enactment of this Act. 
     Until the date on which the President establishes the 
     management cost rates under that subsection, section 406(f) 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5172(f)) shall be used for 
     establishing the rates.
       (2) Review; other expenses.--Section 322(c) of that Act 
     shall apply to each major disaster declared under that Act on 
     or after the date on which the President establishes the 
     management cost rates under that section.

     SEC. 202. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR 
                   REPLACE DAMAGED FACILITIES.

       (a) Contributions and Federal Share.--Section 406 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5172) is amended by striking subsections (a) 
     through (c) and inserting the following:
       ``(a) Contributions.--
       ``(1) In general.--The President may make contributions--
       ``(A) to a State or local government for the repair, 
     restoration, reconstruction, or replacement of a public 
     facility that is damaged or destroyed by a major disaster and 
     for management costs incurred by the government; and
       ``(B) to a person that owns or operates a private nonprofit 
     facility damaged or destroyed by a major disaster for the 
     repair, restoration, reconstruction, or replacement of the 
     facility and for management costs incurred by the person.
       ``(2) Conditions for assistance to private nonprofit 
     facilities.--The President may make contributions to a 
     private nonprofit facility under paragraph (1)(B) only if the 
     owner or operator of the facility--
       ``(A) has applied for a disaster loan under section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)); and
       ``(B)(i) has been determined to be ineligible for such a 
     loan; or
       ``(ii) has obtained the maximum amount of such a loan for 
     which the Small Business Administration determines that the 
     facility is eligible.
       ``(b) Minimum Federal Share.--The Federal share of 
     assistance under this section shall be not less than 75 
     percent of the eligible cost of repair, restoration, 
     reconstruction, or replacement carried out under this 
     section.
       ``(c) Large In-Lieu Contributions.--
       ``(1) For public facilities.--
       ``(A) In general.--In any case in which a State or local 
     government determines that the public welfare would not be 
     best served by repairing, restoring, reconstructing, or 
     replacing any public facility owned or controlled by the 
     State or local government, the State or local government may 
     elect to receive, in lieu of a contribution under subsection 
     (a)(1)(A), a contribution in an amount equal to 75 percent of 
     the Federal share of the cost of repairing, restoring, 
     reconstructing, or replacing the facility and of management 
     costs, as estimated by the President.
       ``(B) Use of funds.--Funds made available to a State or 
     local government under this paragraph may be used to repair, 
     restore, or expand other eligible public facilities, to 
     construct new facilities, or to fund hazard mitigation 
     measures, that the State or local government determines to be 
     necessary to meet a need for governmental services and 
     functions in the area affected by the major disaster.
       ``(2) For private nonprofit facilities.--
       ``(A) In general.--In any case in which a person that owns 
     or operates a private nonprofit facility determines that the 
     public welfare would not be best served by repairing, 
     restoring, reconstructing, or replacing the facility, the 
     person may elect to receive, in lieu of a contribution under 
     subsection (a)(1)(B), a contribution in an amount equal to 75 
     percent of the Federal share of the cost of repairing, 
     restoring, reconstructing, or replacing the facility and of 
     management costs, as estimated by the President.
       ``(B) Use of funds.--Funds made available to a person under 
     this paragraph may be used to repair, restore, or expand 
     other eligible private nonprofit facilities owned or operated 
     by the person, to construct new private nonprofit facilities 
     to be owned or operated by the person, or to fund hazard 
     mitigation measures, that the person determines to be 
     necessary to meet a need for its services and functions in 
     the area affected by the major disaster.
       ``(3) Modification of federal share to encourage use of 
     funds for mitigation activities.--
       ``(A) In general.--Subject to subparagraph (B), the 
     President shall modify the Federal share of the cost estimate 
     provided in paragraphs (1) and (2) with respect to a large 
     in-lieu contribution if the President determines that the 
     large in-lieu contribution will be used for mitigation 
     activities consistent with the State plan under section 
     201(c).
       ``(B) Limitation.--Under subparagraph (A), the Federal 
     share for the purposes of paragraphs (1) and (2) shall not 
     exceed 90 percent of the amount described in paragraph (1)(A) 
     or (2)(A).''.
       (b) Eligible Cost.--
       (1) In general.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (e) and inserting the 
     following:
       ``(e) Eligible Cost.--
       ``(1) Determination.--
       ``(A) In general.--For the purposes of this section, the 
     President shall estimate the eligible cost of repairing, 
     restoring, reconstructing, or replacing a public facility or 
     private nonprofit facility--
       ``(i) on the basis of the design of the facility as the 
     facility existed immediately before the major disaster; and
       ``(ii) in conformity with current applicable codes, 
     specifications, and standards (including floodplain 
     management and hazard mitigation criteria required by the 
     President or under the Coastal Barrier Resources Act (16 
     U.S.C. 3501 et seq.)).
       ``(B) Cost estimation procedures.--Subject to paragraph 
     (2), the President shall use the cost estimation procedures 
     developed under paragraph (3) to make the estimate under 
     subparagraph (A).
       ``(2) Modification of eligible cost.--If the actual cost of 
     repairing, restoring, reconstructing, or replacing a facility 
     under this section is more than 120 percent or less than 80 
     percent of the cost estimated under paragraph (1), the 
     President may determine that the eligible cost shall be the 
     actual cost of the repair, restoration, reconstruction, or 
     replacement.
       ``(3) Expert panel.--Not later than 18 months after the 
     date of enactment of this paragraph, the President, acting 
     through the Director of the Federal Emergency Management 
     Agency, shall establish an expert panel, which shall include 
     representatives from the construction industry, to develop 
     procedures for estimating the cost of repairing, restoring, 
     reconstructing, or replacing a facility consistent with 
     industry practices.
       ``(4) Special rule.--In any case in which the facility 
     being repaired, restored, reconstructed, or replaced under 
     this section was under construction on the date of the major 
     disaster, the cost of repairing, restoring, reconstructing, 
     or replacing the facility shall include, for the purposes of 
     this section, only those costs that, under the contract for 
     the construction, are the owner's responsibility and not the 
     contractor's responsibility.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of enactment of this Act, 
     except that paragraph (1) of section 406(e) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (as 
     amended by paragraph (1)) shall take effect on the date on 
     which the procedures developed under paragraph (3) of that 
     section take effect.
       (c) Associated Expenses.--
       (1) In general.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (f).
       (2) Other eligible costs.--Section 406(e) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(e)) (as amended by subsection (b)) is amended by 
     adding at the end the following:
       ``(5) Other eligible costs.--For purposes of this section, 
     the eligible cost of repairing, restoring, reconstructing, or 
     replacing a public facility or private nonprofit facility 
     includes the following:
       ``(A) Costs of national guard.--The cost of mobilizing and 
     employing the National Guard for performance of eligible 
     work.
       ``(B) Costs of prison labor.--The costs of using prison 
     labor to perform eligible work, including wages actually 
     paid, transportation to a worksite, and extraordinary costs 
     of guards, food, and lodging.
       ``(C) Other labor costs.--Base and overtime wages for an 
     applicant's employees and extra hires performing eligible 
     work plus fringe benefits on the wages to the extent that the 
     benefits were being paid before the major disaster.''.

[[Page S9056]]

       (3) Effective date.--The amendments made by this subsection 
     shall--
       (A) take effect on the date on which the President 
     establishes management cost rates under section 322 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (as added by section 201(a)); and
       (B) apply only to a major disaster declared by the 
     President under that Act on or after the date on which the 
     President establishes the management cost rates.

     SEC. 203. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

       (a) In General.--Section 408 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) 
     is amended to read as follows:

     ``SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

       ``(a) General Authority.--In accordance with this section, 
     the President, in consultation and coordination with the 
     Governor of an affected State, may provide financial 
     assistance, and, if necessary, direct services, to disaster 
     victims who--
       ``(1) as a direct result of a major disaster have necessary 
     expenses and serious needs; and
       ``(2) are unable to meet the necessary expenses and serious 
     needs through other means, including insurance proceeds or 
     loan assistance from the Small Business Administration.
       ``(b) Housing Assistance.--
       ``(1) Eligibility.--The President may provide financial or 
     other assistance under this section to individuals and 
     families to respond to the disaster-related housing needs of 
     individuals and families who are displaced from their 
     predisaster primary residences or whose predisaster primary 
     residences are rendered uninhabitable as a result of damage 
     caused by a major disaster.
       ``(2) Determination of appropriate types of assistance.--
     The President shall determine appropriate types of housing 
     assistance to be provided to disaster victims under this 
     section based on considerations of cost effectiveness, 
     convenience to disaster victims, and such other factors as 
     the President considers to be appropriate. One or more types 
     of housing assistance may be made available, based on the 
     suitability and availability of the types of assistance, to 
     meet the needs of disaster victims in a particular disaster 
     situation.
       ``(c) Types of Housing Assistance.--
       ``(1) Temporary housing.--
       ``(A) Financial assistance.--
       ``(i) In general.--The President may provide financial 
     assistance under this section to individuals or households to 
     rent alternate housing accommodations, existing rental units, 
     manufactured housing, recreational vehicles, or other readily 
     fabricated dwellings.
       ``(ii) Amount.--The amount of assistance under clause (i) 
     shall be based on the sum of--

       ``(I) the fair market rent for the accommodation being 
     provided; and
       ``(II) the cost of any transportation, utility hookups, or 
     unit installation not being directly provided by the 
     President.

       ``(B) Direct assistance.--
       ``(i) In general.--The President may directly provide under 
     this section housing units, acquired by purchase or lease, to 
     individuals or households who, because of a lack of available 
     housing resources, would be unable to make use of the 
     assistance provided under subparagraph (A).
       ``(ii) Period of assistance.--

       ``(I) In general.--Subject to subclause (II), the President 
     may not provide direct assistance under clause (i) with 
     respect to a major disaster after the expiration of the 18-
     month period beginning on the date of the declaration of the 
     major disaster by the President.
       ``(II) Extension of period.--The President may extend the 
     period under subclause (I) if the President determines that 
     due to extraordinary circumstances an extension would be in 
     the public interest.

       ``(iii) Collection of rental charges.--After the expiration 
     of the 18-month period referred to in clause (ii), the 
     President may charge fair market rent for the accommodation 
     being provided.
       ``(2) Repairs.--
       ``(A) In general.--The President may provide financial 
     assistance for the repair of owner-occupied primary 
     residences, utilities, and residential infrastructure (such 
     as private access routes) damaged by a major disaster to a 
     habitable or functioning condition.
       ``(B) Emergency repairs.--To be eligible to receive 
     assistance under subparagraph (A), a recipient shall not be 
     required to demonstrate that the recipient is unable to meet 
     the need for the assistance through other means, except 
     insurance proceeds, if the assistance--
       ``(i) is used for emergency repairs to make a private 
     primary residence habitable; and
       ``(ii) does not exceed $5,000, as adjusted annually to 
     reflect changes in the Consumer Price Index as reported by 
     the Bureau of Labor Statistics of the Department of Labor.
       ``(3) Permanent housing construction.--The President may 
     provide financial assistance or direct assistance under this 
     section to individuals or households to construct permanent 
     housing in insular areas outside the continental United 
     States and other remote locations in cases in which--
       ``(A) no alternative housing resources are available; and
       ``(B) the types of temporary housing assistance described 
     in paragraph (1) are unavailable, infeasible, or not cost 
     effective.
       ``(d) Terms and Conditions Relating to Housing 
     Assistance.--
       ``(1) Sites.--
       ``(A) In general.--Any readily fabricated dwelling provided 
     under this section shall, whenever practicable, be located on 
     a site that--
       ``(i) is provided by the State or local government; and
       ``(ii) is complete with utilities provided by the State or 
     local government, by the owner of the site, or by the 
     occupant who was displaced by the major disaster.
       ``(B) Sites provided by the president.--Readily fabricated 
     dwellings may be located on sites provided by the President 
     if the President determines that the sites would be more 
     economical or accessible.
       ``(2) Disposal of units.--
       ``(A) Sale to occupants.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, a temporary housing unit purchased under this section by 
     the President for the purpose of housing disaster victims may 
     be sold directly to the individual or household who is 
     occupying the unit if the individual or household needs 
     permanent housing.
       ``(ii) Sales price.--Sales of temporary housing units under 
     clause (i) shall be accomplished at prices that are fair and 
     equitable.
       ``(iii) Deposit of proceeds.--Notwithstanding any other 
     provision of law, the proceeds of a sale under clause (i) 
     shall be deposited into the appropriate Disaster Relief Fund 
     account.
       ``(iv) Use of gsa services.--The President may use the 
     services of the General Services Administration to accomplish 
     a sale under clause (i).
       ``(B) Other methods of disposal.--
       ``(i) Sale.--If not disposed of under subparagraph (A), a 
     temporary housing unit purchased by the President for the 
     purpose of housing disaster victims may be resold.
       ``(ii) Disposal to governments and voluntary 
     organizations.--A temporary housing unit described in clause 
     (i) may be sold, transferred, donated, or otherwise made 
     available directly to a State or other governmental entity or 
     to a voluntary organization for the sole purpose of providing 
     temporary housing to disaster victims in major disasters and 
     emergencies if, as a condition of the sale, transfer, 
     donation, or other making available, the State, other 
     governmental agency, or voluntary organization agrees--

       ``(I) to comply with the nondiscrimination provisions of 
     section 308; and
       ``(II) to obtain and maintain hazard and flood insurance on 
     the housing unit.

       ``(e) Financial Assistance To Address Other Needs.--
       ``(1) Medical, dental, and funeral expenses.--The 
     President, in consultation and coordination with the Governor 
     of the affected State, may provide financial assistance under 
     this section to an individual or household adversely affected 
     by a major disaster to meet disaster-related medical, dental, 
     and funeral expenses.
       ``(2) Personal property, transportation, and other 
     expenses.--The President, in consultation and coordination 
     with the Governor of the affected State, may provide 
     financial assistance under this section to an individual or 
     household described in paragraph (1) to address personal 
     property, transportation, and other necessary expenses or 
     serious needs resulting from the major disaster.
       ``(f) State Role.--The President shall provide for the 
     substantial and ongoing involvement of the affected State in 
     administering assistance under this section.
       ``(g) Maximum Amount of Assistance.--The maximum amount of 
     financial assistance that an individual or household may 
     receive under this section with respect to a single major 
     disaster shall be $25,000, as adjusted annually to reflect 
     changes in the Consumer Price Index for all Urban Consumers 
     published by the Department of Labor.
       ``(h) Issuance of Regulations.--The President shall issue 
     rules and regulations to carry out the program established by 
     this section, including criteria, standards, and procedures 
     for determining eligibility for assistance.''.
       (b) Conforming Amendment.--Section 502(a)(6) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5192(a)(6)) is amended by striking ``temporary 
     housing''.
       (c) Repeal of Individual and Family Grant Programs.--
     Section 411 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5178) is repealed.
       (d) Effective Date.--The amendments made by this section 
     take effect 18 months after the date of enactment of this 
     Act.

     SEC. 204. REPEALS.

       (a) Community Disaster Loans.--Section 417 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5184) is repealed.
       (b) Simplified Procedure.--Section 422 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5189) is repealed.

     SEC. 205. STATE ADMINISTRATION OF HAZARD MITIGATION 
                   ASSISTANCE PROGRAM.

       Section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c) is amended by 
     adding at the end the following:
       ``(c) Program Administration by States.--
       ``(1) In general.--A State desiring to administer the 
     hazard mitigation assistance

[[Page S9057]]

     program established by this section with respect to hazard 
     mitigation assistance in the State may submit to the 
     President an application for the delegation of the authority.
       ``(2) Criteria.--The President, in consultation and 
     coordination with States and local governments, shall 
     establish criteria for the approval of applications submitted 
     under paragraph (1). The criteria shall include, at a 
     minimum--
       ``(A) the demonstrated ability of the State to manage the 
     grant program under this section;
       ``(B) submission of the plan required under section 201(c); 
     and
       ``(C) a demonstrated commitment to mitigation activities.
       ``(3) Approval.--The President shall approve an application 
     submitted under paragraph (1) that meets the criteria 
     established under paragraph (2).
       ``(4) Withdrawal of approval.--If, after approving an 
     application of a State submitted under paragraph (1), the 
     President determines that the State is not administering the 
     hazard mitigation assistance program established by this 
     section in a manner satisfactory to the President, the 
     President shall withdraw the approval.
       ``(5) Audits.--The President shall provide for periodic 
     audits of the hazard mitigation assistance programs 
     administered by States under this subsection.''.

     SEC. 206. STREAMLINING OF DAMAGED FACILITIES PROGRAM.

       (a) Pilot Program.--In consultation and coordination with 
     States and local governments, the President shall conduct a 
     pilot program for the purpose of streamlining the assistance 
     program established by section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5172).
       (b) State Participation.--
       (1) Criteria.--The President, in consultation and 
     coordination with States and local governments, may establish 
     criteria to ensure the appropriate implementation of the 
     pilot program under subsection (a).
       (2) Number of states.--The President shall conduct the 
     pilot program under subsection (a) in at least 2 States.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the President shall submit to Congress 
     a report that describes the results of the pilot program 
     conducted under subsection (a), including identifying any 
     administrative or financial benefits.

     SEC. 207. STUDY REGARDING COST REDUCTION.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study to estimate the reduction in Federal 
     disaster assistance that has resulted and is likely to result 
     from the enactment of this Act
       (b) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study.

     SEC. 208. STUDY REGARDING DISASTER INSURANCE FOR PUBLIC 
                   INFRASTRUCTURE.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study to determine the current and future 
     expected availability of disaster insurance for public 
     infrastructure eligible for assistance under section 406 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170).
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study.

     SEC. 209. STUDY REGARDING DECLARATIONS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct an analytical study that--
       (1) examines major disasters and emergencies that have been 
     declared under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) since 
     January 1, 1974; and
       (2) describes the criteria for making the declarations and 
     how the criteria have changed over time.
       (b) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study.
                        TITLE III--MISCELLANEOUS

     SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

       The first section of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 note) is amended 
     to read as follows:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act'.''.

     SEC. 302. DEFINITION OF STATE.

       Section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122) is amended in each 
     of paragraphs (3) and (4) by striking ``the Northern'' and 
     all that follows through ``Pacific Islands'' and inserting 
     ``and the Commonwealth of the Northern Mariana 
     Islands''.

 Mr. GRAHAM. Mr. President, today along with my distinguished 
colleague from Oklahoma, Senator Inhofe, I introduce the Disaster 
Mitigation Act of 1998, legislation that will refocus the energies of 
federal, state and local governments on disaster mitigation, and will 
shift our efforts to preventative--rather than responsive--actions as 
we ready the nation for future disasters.
  Since the outset of this year, I have been working closely with 
Senator Inhofe to develop this bi-partisan legislation that will more 
comprehensively and efficiently address the threats we face from 
disasters of all types. The bill is composed of two titles: Title I 
seeks to reduce the impact of disasters by authorizing a ``pre-disaster 
mitigation'' program; Title II seeks to streamline the current disaster 
assistance programs to save administrative costs in addition to greatly 
simplifying these programs for the benefit of states, local 
communities, and individual disaster victims.
  In addressing the challenges we face from the threat of disaster, I 
have found it very helpful to use a ``doctor/patient'' analogy to guide 
our efforts. First, we diagnosed the problem: over the last ten years, 
disasters have affected the nation with more frequency--and at a 
greater cost--than we have experienced in the past. In fact, over the 
last several years, the supplemental appropriations bills required to 
respond to disasters have been unusually large compared to the previous 
decade due to a series of unprecedented disasters including: Hurricanes 
Andrew and Iniki in 1992; the Midwest floods of 1993; the Northridge 
earthquake of 1994; and the Upper Midwest floods of 1997.
  Second, we offered a prescription to address the problem: 
comprehensive pre-disaster mitigation. This bill will authorize a five-
year pre-disaster mitigation program, funded at $35 million per year, 
to be administered by Federal Emergency Management Agency, or FEMA. The 
pre-disaster mitigation program will change the focus of our efforts, 
at all levels of government, to preventative--rather than responsive--
actions in planning for disasters. Such a change in ideology is 
critical to reducing the short- and long-term costs of natural 
disasters. It will encourage both the public and the private sector, as 
well as individual citizens, to take responsibility for the threats 
they face by adopting the concept of disaster mitigation into their 
everyday lives. Just like energy conservation, recycling, and the 
widespread use of seat belts, disaster mitigation should become a 
concept that all citizens incorporate into their day-to-day lives.
  Since 1993, under the leadership of Director James Lee Witt, FEMA has 
truly changed their way of doing business. In the past five years, FEMA 
has become more responsive to disaster victims and state and local 
governments, and has ``reinvented'' itself by choosing to focus its 
energy on mitigating, preparing for, responding to, and recovering from 
the effects of natural hazards. FEMA has already taken an important 
first step in advocating pre-disaster mitigation by establishing 
``Project Impact,'' their new mitigation initiative, in local 
communities throughout the nation. I am proud to say that Deerfield 
Beach, Florida, was the first community to be chosen as a participant 
in Project Impact. By authorizing the conduct of Project Impact for 
five years in the legislation, we are making a definitive endorsement 
of both the program and Director Witt's leadership, and we expect that 
the initiative will produce measurable results in reducing the costs of 
disaster in the future.
  Mr. President, this legislation is the result of coordination and 
cooperation with FEMA, the National Association of Emergency 
Management, the National League of Cities, representatives of the 
private and voluntary sectors, and numerous other state and local 
governmental organizations. I wish to take this opportunity to thank 
all who provided important input into the development of this bill, and 
I am confident that our joint efforts have resulted in a truly 
comprehensive ``diagnosis'' of the problem, as well as a 
``prescription'' to address it.
  In his testimony before the Environment and Public Works Committee, 
Florida Director of Emergency Management Joe Myers called this 
legislation a ``defining moment'' in emergency management. I too 
believe that this legislation represents a historic change in the 
nation's efforts to prevent the effects of natural disasters. By taking 
proactive steps to implement mitigation now, we will reduce the damage, 
pain, and suffering from disaster that have become all too familiar. 
Mr. President, I urge my colleagues to support Senator Inhofe and 
myself by joining with us in our efforts to protect

[[Page S9058]]

the citizens of the U.S. from disasters now and in the future.

                          ____________________