[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.''.
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(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.
____________________