[Congressional Record Volume 146, Number 52 (Tuesday, May 2, 2000)]
[Senate]
[Pages S3258-S3263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LAUTENBERG:
S. 2493. A bill to amend the Internal Revenue Code of 1986 to deter
the smuggling of tobacco products into the United States, and for other
purposes; to the Committee on Finance.
TOBACCO SMUGGLING ERADICATION ACT OF 2000
Mr. LAUTENBERG. Mr. President, I rise today to introduce the Tobacco
Smuggling Eradication Act.
When Congress last debated tobacco legislation, Big Tobacco raised
the specter of rampant smuggling to defeat the legislation. Of course,
the public only found out recently that Big Tobacco itself is a major
player in the smuggling game. A tobacco company executive recently
pleaded guilty to money laundering charges in a case involving nearly
$700 million worth of cigarettes on the Canadian black market. Although
the company denies knowledge of the scheme, they clearly profited from
it.
The best way to address smuggling concerns is to prevent any large-
scale smuggling problem from arising in the first place. The Tobacco
Smuggling Eradication Act contains several common-sense provisions to
combat smuggling of tobacco products, and associated tax evasion.
The bill will require unique serial numbers on all tobacco product
packages manufactured or imported into the United States, and will
require all packages bound for export to be marked for export. Under
current law, export-bound products that re-enter the U.S. too often
avoid tax assessment, and are sold at discount, in competition with
products on which taxes have been paid. Likewise, re-imported products
under current law often evade counting for purposes of the multi-state
settlement, and thus cheat Americans twice--once in avoidance of tax,
and again in avoidance of MSA assessment.
The bill would require retailers to maintain tobacco-related records,
which may consist simply of ordinary business records. This provision
would ensure that invoices for tax-paid tobacco products match sales,
and that the retailer is not an outlet for product on which tax has not
been paid.
The bill also would require wholesalers to keep records on the chain
of custody of tobacco products. This requirement already exists for
manufacturers, exporters, and importers. This requirement needs to be
strengthened in order to ensure that product marked for export is not
diverted back into the domestic market without appropriate taxes having
been collected.
In addition, the bill would amend the Contraband Cigarette
Trafficking Act, which assists states in enforcing and collecting their
excise taxes, by lowering the threshold of jurisdiction to 30,000
cigarettes (from 60,000) and expanding it to cover other tobacco
products. Federal law should ensure that states have the necessary
tools to stop interstate bootleggers who routinely move tons of tobacco
products from low-tax states to higher-tax states.
Mr. President, this is important legislation which would crack down
on bootleggers and black marketeers. I urge my colleagues to support
this bill. 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. 2493
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 ``Tobacco Smuggling
Eradication Act of 2000''.
TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986
SEC. 101. AMENDMENT OF 1986 CODE.
Whenever in this title an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Internal Revenue Code of
1986.
SEC. 102. IMPROVED MARKING AND LABELING.
(a) In General.--Subsection (b) of section 5723 (relating
to marks, labels, and notices) is amended--
(1) by striking ``, if any,'' and
(2) by adding at the end the following: ``Such marks,
labels, and notices shall include marks and notices relating
to the following:
``(1) Identification.--The Secretary shall promulgate
regulations that require each manufacturer or importer of
tobacco products to legibly print a unique serial number on
all packages of tobacco products manufactured or imported for
sale or distribution. Such serial number shall be designed to
enable the Secretary to identify the manufacturer or importer
of the product, and the location and date of manufacture or
importation. The Secretary shall determine the size and
location of the serial number.
``(2) Marking requirements for exports.--Each package of a
tobacco product that is exported shall be marked for export
from the United States. The Secretary shall promulgate
regulations to determine the size and location of the mark
and under what circumstances a waiver of this paragraph shall
be granted.''.
(b) Sales on Indian Reservations.--Section 5723 is amended
by adding at the end the following new subsections:
``(f) Sales on Indian Reservations.--The Secretary, in
consultation with the Secretary of the Interior, shall
promulgate regulations that require that each package of a
tobacco product that is sold on an Indian reservation (as
defined in section 403(9) of the Indian Child Protection and
Family Violence Prevention Act (25 U.S.C. 3202(9)) be labeled
as such. Such regulations shall include requirements for the
size and location of the label.
``(g) Definition of Package.--For purposes of this section,
the term `package' means the innermost sealed container
irrespective of the material from which such container is
made, in which a tobacco product is placed by the
manufacturer and in which such tobacco product is offered for
sale to a member of the general public.''.
SEC. 103. WHOLESALERS REQUIRED TO HAVE PERMIT.
Section 5712 (relating to application for permit) is
amended by inserting ``, wholesaler,'' after
``manufacturer''.
SEC. 104. CONDITIONS OF PERMIT.
Subsection (a) of section 5713 (relating to issuance of
permit) is amended to read as follows:
``(a) Issuance.--
``(1) In general.--A person shall not engage in business as
a manufacturer, wholesaler, or importer of tobacco products
or as an export warehouse proprietor without a permit to
engage in such business. Such permit shall be issued in such
form and in such manner as the Secretary shall by regulation
prescribe, to every person properly qualified under sections
5711 and 5712. A new permit may be required at such other
time as the Secretary shall by regulation prescribe.
``(2) Conditions.--The issuance of a permit under this
section shall be conditioned upon the compliance with the
requirements of this chapter and the Contraband Cigarette
Trafficking Act (28 U.S.C. chapter 114), and any regulations
issued pursuant to such statutes.''.
SEC. 105. RECORDS TO BE MAINTAINED.
Section 5741 (relating to records to be maintained) is
amended--
(1) by inserting ``(a) In General.--'' before ``Every
manufacturer'',
(2) by inserting ``every wholesaler,'' after ``every
importer,'',
(3) by striking ``such records'' and inserting ``records
concerning the chain of custody of the tobacco products and
such other records'', and
(4) by adding at the end the following new subsection:
``(b) Retailers.--Retailers shall maintain records of
receipt of tobacco products, and
[[Page S3259]]
such records shall be available to the Secretary for
inspection and audit. An ordinary commercial record or
invoice shall satisfy the requirements of this subsection if
such record shows the date of receipt, from whom tobacco
products were received, and the quantity of tobacco products
received.''.
SEC. 106. REPORTS.
Section 5722 (relating to reports) is amended--
(1) by inserting ``(a) In General.--'' before ``Every
manufacturer'', and
(2) by adding at the end the following new subsection:
``(b) Reports By Export Warehouse Proprietors.--
``(1) In general.--Prior to exportation of tobacco products
from the United States, the export warehouse proprietor shall
submit a report (in such manner and form as the Secretary may
by regulation prescribe) to enable the Secretary to identify
the shipment and assure that it reaches its intended
destination.
``(2) Agreements with foreign governments.--Notwithstanding
section 6103 of this title, the Secretary is authorized to
enter into agreements with foreign governments to exchange or
share information contained in reports received from export
warehouse proprietors of tobacco products if--
``(A) the Secretary believes that such agreement will
assist in--
``(i) ensuring compliance with the provisions of this
chapter or regulations promulgated thereunder, or
``(ii) preventing or detecting violations of the provisions
of this chapter or regulations promulgated thereunder, and
``(B) the Secretary obtains assurances from such government
that the information will be held in confidence and used only
for the purposes specified in clauses (i) and (ii) of
subparagraph (A).
No information may be exchanged or shared with any government
that has violated such assurances.''.
SEC. 107. FRAUDULENT OFFENSES.
(a) In General.--Subsection (a) of section 5762 (relating
to fraudulent offenses) is amended by striking paragraph (1)
and redesignating paragraphs (2) through (6) as paragraphs
(1) through (5), respectively.
(b) Offenses Relating to Distribution of Tobacco
Products.--Section 5762 is amended--
(1) by redesignating subsection (b) as subsection (c),
(2) in subsection (c) (as so redesignated), by inserting
``or (b)'' after ``(a)'', and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Offenses Relating to Distribution of Tobacco
Products.--It shall be unlawful--
``(1) for any person to engage in the business as a
manufacturer or importer of tobacco products or cigarette
papers and tubes, or to engage in the business as a
wholesaler or an export warehouse proprietor, without filing
the bond and obtaining the permit where required by this
chapter or regulations thereunder;
``(2) for an importer, manufacturer, or wholesaler
permitted under this chapter intentionally to ship,
transport, deliver, or receive any tobacco products from or
to any person other than a person permitted under this
chapter or a retailer, except a permitted importer may
receive foreign tobacco products from a foreign manufacturer
or a foreign distributor that have not previously entered the
United States;
``(3) for any person, except a manufacturer or an export
warehouse proprietor permitted under this chapter to receive
any tobacco products that have previously been exported and
returned to the United States;
``(4) for any export warehouse proprietor intentionally to
ship, transport, sell, or deliver for sale any tobacco
products to any person other than a permitted manufacturer or
foreign purchaser;
``(5) for any person other than an export warehouse
proprietor permitted under this chapter intentionally to
ship, transport, receive, or possess, for purposes of resale,
any tobacco product in packages marked pursuant to
regulations issued under section 5723, other than for direct
return to a manufacturer or export warehouse proprietor for
repacking or for re-exportation;
``(6) for any manufacturer, export warehouse proprietor,
importer, or wholesaler permitted under this chapter to make
intentionally any false entry in, to fail willfully to make
appropriate entry in, or to fail willfully to maintain
properly any record or report that such person is required to
keep as required by this chapter or the regulations
promulgated thereunder; and
``(7) for any person to alter, mutilate, destroy,
obliterate, or remove any mark or label required under this
chapter upon a tobacco product held for sale, except pursuant
to regulations of the Secretary authorizing relabeling for
purposes of compliance with the requirements of this section
or of State law.
Any person violating any of the provisions of this subsection
shall, upon conviction, be fined as provided in section 3571
of title 18, United States Code, imprisoned for not more than
5 years, or both.''.
(c) Intentionally Defined.--Section 5762 is amended by
adding at the end the following:
``(d) Definition of Intentionally.--For purposes of this
section and section 5761, the term `intentionally' means
doing an act, or omitting to do an act, deliberately, and not
due to accident, inadvertence, or mistake, regardless of
whether the person knew that the act or omission constituted
an offense.''.
SEC. 108. CIVIL PENALTIES.
Subsection (a) of section 5761 (relating to civil
penalties) is amended--
(1) by striking ``willfully'' and inserting
``intentionally'', and
(2) by striking ``$1,000'' and inserting ``$10,000''.
SEC. 109. DEFINITIONS.
(a) Export Warehouse Proprietor.--Subsection (j) of section
5702 (relating to definition of export warehouse proprietor)
is amended by inserting before the period the following: ``or
any person engaged in the business of exporting tobacco
products from the United States for purposes of sale or
distribution. Any duty free store that sells, offers for
sale, or otherwise distributes to any person in any single
transaction more than 30 packages of cigarettes, or its
equivalent for other tobacco products as the Secretary shall
by regulation prescribe, shall be deemed an export warehouse
proprietor under this chapter''.
(b) Retailer; Wholesaler.--Section 5702 is amended by
adding at the end the following:
``(q) Retailer.--The term `retailer' means any dealer who
sells, or offers for sale, any tobacco product at retail. The
term `retailer' includes any duty-free store that sells,
offers for sale, or otherwise distributes at retail in any
single transaction 30 or less packages, or its equivalent for
other tobacco products.
``(r) Wholesaler.--The term `wholesaler' means any person
engaged in the business of purchasing tobacco products for
resale at wholesale, or any person acting as an agent or
broker for any person engaged in the business of purchasing
tobacco products for resale at wholesale.''.
SEC. 110. EFFECTIVE DATE.
The amendments made by this title shall take effect on
January 1, 2000.
TITLE II--AMENDMENTS TO THE CONTRABAND CIGARETTE TRAFFICKING ACT
SEC. 201. AMENDMENTS TO THE CONTRABAND CIGARETTE TRAFFICKING
ACT.
(a) Definitions.--Section 2341 of title 18, United States
Code, is amended--
(1) in paragraph (2), by striking ``60,000'' and inserting
``30,000'';
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(6) the term `tobacco product' means cigars, cigarettes,
smokeless tobacco, and pipe tobacco (as such terms are
defined in section 5701 of the Internal Revenue Code of
1986); and
``(7) the term `contraband tobacco product' means a
quantity of tobacco product that is equivalent to or more
than 30,000 cigarettes as determined by regulation, which
bear no evidence of the payment of applicable State tobacco
taxes in the State where such tobacco products are found, if
such State requires a stamp, impression,or other indication
to be placed on packages or other containers of product to
evidence payment of tobacco taxes.
(b) Unlawful Acts.--Section 2342 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting ``or contraband tobacco
products'' before the period;
(2) by striking subsection (b) and inserting the following:
``(b) It shall be unlawful for any person--
``(1) knowingly to make any false statement or
representation with respect to the information required by
this chapter to be kept in the records or reports of any
person who ships, sells, or distributes any quantity of
cigarettes in excess of 30,000 in a single transaction or
tobacco products in such equivalent quantities as shall be
determined by regulation, or
``(2) knowingly to fail to maintain records or reports,
alter or obliterate required markings, or interfere with any
inspection, required under this chapter, with respect to such
quantity of cigarettes or other tobacco products.''; and
(3) by adding at the end the following:
``(c) It shall be unlawful for any person knowingly to
transport tobacco products under a false bill of lading or
without any bill of lading.''.
(c) Recordkeeping.--Section 2343 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by inserting after ``transaction'' the following: ``,
or, in the case of other tobacco products an equivalent
quantity as determined by regulation,'';
(B) by striking ``60,000'' and inserting ``30,000''; and
(C) by striking the last sentence and inserting the
following: ``Except as provided in subsection (c) of this
section, nothing contained herein shall authorize the
Secretary to require reporting under this section.'';
(2) in subsection (b)--
(A) by striking ``60,000'' and inserting ``30,000''; and
(B) by inserting after ``transaction'' the following: ``,
or, in the case of other tobacco products an equivalent
quantity as determined by regulation,''; and
(3) by adding at the end the following:
``(c)(1) Any person who ships, sells, or distributes
cigarettes or tobacco products for resale in interstate
commerce, whereby such cigarettes or tobacco products are
shipped into a State taxing the sale or use of such
cigarettes or tobacco products or who advertises or offers
cigarettes or tobacco products for such sale or transfer and
shipment shall--
[[Page S3260]]
``(A) first file with the tobacco tax administrator of the
State into which such shipment is made or in which such
advertisement or offer is disseminated, a statement setting
for the person's name, and trade name (if any), and the
address of the person's principal place of business and of
any other place of business; and
``(B) not later than the 10th of each calendar month, file
with the tobacco tax administrator of the State into which
such shipment is made a memorandum or a copy of the invoice
covering each and every shipment of cigarettes or tobacco
products made during the previous calendar month into such
State; the memorandum or invoice in each case to include the
name and address of the person to whom the shipment was made,
the brand, and the quantity thereof.
``(2) The fact that any person ships or delivers for
shipment any cigarettes or tobacco products shall, if such
shipment is into a State in which such person has filed a
statement with the tobacco tax administrator under paragraph
(1)(A) of this subsection, be presumptive evidence that such
cigarettes or tobacco products were sold, shipped, or
distributed for resale by such person.
``(3) For purposes of this subsection--
``(A) the term `use' in addition to its ordinary meaning,
means consumption, storage, handling, or disposal of
cigarettes or tobacco products; and
``(B) the term `tobacco tax administrator' means the State
official authorized to administer tobacco tax laws of the
State.''.
(d) Penalties.--Section 2344 of title 18, United States
Code, is amended--
(1) in subsection (b), by inserting ``or (c)'' after
``section 2342(b)''; and
(2) in subsection (c), by inserting ``or contraband tobacco
products'' after ``cigarettes''.
(e) State Jurisdiction Not Affected.--Section 2345 of title
18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or tobacco product'' after
``cigarette''; and
(B) by inserting ``, tobacco products,'' after
``cigarettes''; and
(2) in subsection (b)--
(A) by inserting ``or tobacco product'' after
``cigarette''; and
(B) by inserting ``, tobacco products,'' after
``cigarettes''.
(f) Repeal.--The Act entitled ``An Act to assist States in
collecting sales and use taxes on cigarettes'', approved
October 19, 1949 (15 U.S.C. 375 et seq.) is repealed.
(g) Civil Forfeiture.--Section 981(a)(1)(C) of title 18,
United States Code, is amended by striking ``or 1344'' and
inserting ``1344, or 2344''.
______
By Mr. ROCKEFELLER:
S. 2494. A bill to amend title 38, United States Code, to provide
compensation and benefits to children of female Vietnam veterans who
were born with certain birth defects, and for other purposes; to the
Committee on Veterans' Affairs.
children of female vietnam veterans' benefits act of 2000
Mr. ROCKEFELLER. Mr. President, I introduce, on behalf of myself and
Senator Murray, legislation that would aid the children born with birth
defects to female Vietnam veterans. This legislation, the Children of
Female Vietnam Veterans' Benefits Act of 2000, is long overdue. As we
commemorate the 25th anniversary of the end of the war, it is a
particularly appropriate time for passage of this important
legislation.
Women played a critical role in Vietnam. As nurses, they provided
lifesaving care to the wounded and comfort to the dying. Their
compassion and selflessness is legendary. Others served in countless
other ways, as clerks, mapmakers, photographers, air traffic
controllers, Red Cross and USO workers, and other volunteer roles.
Their support was crucial to the war effort.
Last year, the VA completed study on women Vietnam veterans which
concluded that there was a ``statistically significant increase in
birth defects'' in their children. VA generally does not have the legal
authority to provide health care and compensation to the children of
veterans, except in the case of spina bifida.
The legislation we are sponsoring would apply to children of women
Vietnam veterans born with birth defects, other than spina bifida,
which resulted in permanent physical or mental disability, except for
certain birth defects determined by the Secretary of Veterans Affairs
to result from genetics, birth injury, or fetal or neonatal infirmities
with well-established causes. The benefits would include health care,
vocational rehabilitation services, and financial compensation,
depending on the degree of disability.
In closing, I emphasize that the health care and benefits provided by
the Department of Veterans Affairs play a crucial role in supporting
the healing process I spoke of earlier. While no amount of remuneration
can ever truly compensate for bodily injury and emotional trauma, we
have the responsibility to provide the tools for coping and to ease the
difficulties of daily life. I urge my colleagues to support this
measure.
This bill will provide health care and compensation to the children
of women Vietnam veterans who were born with permanently disabling
birth defects. Though they have waited 25 years for this
acknowledgment, this legislation has the ability to significantly
improve the lives of women veterans and their disabled children. These
women and children have endured incredible and ongoing hardships for
this country, and their significance must be realized. We can no longer
ignore the responsibility the government owes to women veterans.
This bill has its origin in a study the Department of Veterans
Affairs did on women Vietnam veterans. In response to the concerns of
many women Vietnam Veterans, Congress required that VA perform a
comprehensive study of any long-term adverse health effects that may
have been suffered by these women. This mandate led to three separate
but related epidemiologic studies of women Vietnam-era veterans: 1) a
post Vietnam service mortality follow-up; 2) an assessment of
psychologic health outcomes; and 3) a review of reproductive health
outcomes. This particular study, released in 1999, analyzed the
reproductive outcomes of over 4000 women Vietnam veterans, compared
with 4000 women Vietnam-era veterans.
The study revealed that the risk of a woman Vietnam veterans having a
child with birth defects was significantly elevated, even after
adjusting for age, demographic variables, military characteristics, and
smoking and alcohol consumption of the mothers. Upon review of the
resulting conclusions, the VA study's task force recommended that the
Secretary seek statutory authority to provide health care and other
benefits to the offspring of women veterans with birth defects.
Secretary West approved of this recommendation. The tragic realization
of the birth defects present in so many of the children of women
Vietnam veterans brings light to a situation that cries out not only
for our sympathy, but for an acceptance of governmental responsibility
and action.
VA does not have the authority under current law to provide health
care or other benefits to the children of women Vietnam veterans
disabled from birth defects other than spina bifida. Thus, the enabling
legislation that I introduce today is absolutely necessary in order to
address the compelling needs of these children.
Currently, VA has the authority to compensate and aid veterans, and
the dependents of these veterans, for disease or injury to the veteran
due to service. Millions of veterans, from every branch of the Armed
Forces, have been helped by this benefit. These small amounts of
compensation can in no way fully redress the physical and psychological
injuries that war has caused these veterans, their children, and their
spouses. But it does serve to assist these veterans to live active and
fulfilled lives, and it would assist with making up for lost income
over the years, due to the injuries. However, no benefits have been
extended to the children of veterans, for their own harm.
In 1996, VA was given special authority to provide benefits and
compensation to the children of Vietnam veterans for their own disease
associated with their parent's service--for those children born with
spina bifida. The legislation I am introducing today is modeled after
that ground breaking spina bifida legislation. We owe that same debt to
the children born with birth defects to women Vietnam veterans. My
cosponsors and I believe that providing this assistance to children
disabled by birth defects associated with their mother's military
service would be a fitting extension of the principle of providing
benefits for disabilities that are incurred or aggravated as a result
of service on active duty in the Armed Forces of the United States.
I am seeking to aid the children of women Vietnam veterans who have
been tragically affected by birth defects. These women fought for their
country, and served this Nation with honor and courage. They
volunteered to be placed in harm's way, without knowledge of what
effects their service may bring later. Many were nurses who cared for
wounded soldiers, and offered enormously important support services to
all those in active duty. Indeed, these women provided such an
incredible nursing service to injured soldiers that less than 2% of all
treated casualties during the war died. These women saw death and
disease, and they experienced their own forms of disillusionment with
the war. These women
[[Page S3261]]
fought on the front lines; they were not kept away in safe places
during the conflict.
Further, I want to add that these women performed a service for women
who have been in any way involved in the Armed Forces since then, by
contributing to the changes in the military structure of the 1970s and
since. Women performed critically important roles during the Vietnam
war. Their ongoing contributions were recognized as altogether
essential. Disastrously, some of their children have suffered because
their mothers were so courageous, and it is time for them to begin to
be repaid for that suffering.
Though long overdue perhaps, now is a particularly appropriate time
for passage of this important legislation. As we celebrate the 25th
anniversary of the end of the Vietnam War, we must remember the women
Vietnam veterans who served this country so well, all those years ago.
These women paid for their service not only with their own bodies, but
too often with the bodies of their children who were born years later.
It is my opinion that this legislation is late in coming, but there is
no time like the present. As we take these recent months to remember
the Vietnam War, I can think of no more fitting time than this for this
bill. After all, though the fighting in Vietnam came to an end 25 years
ago, the consequences of that fighting are still dramatically present.
At the heart of this legislation, this bill would apply to children
of women Vietnam veterans born with birth defects, other than spina
bifida, which resulted in permanent physical or mental disability,
except for birth defects determined by the Secretary of Veterans'
Affairs to result from familial disorders, birth-related injuries, or
fetal or neonatal infirmities with well-established causes.
The legislation authorizes VA to provide or reimburse a contractor
for health care delivered to the disabled children for the birth defect
and associated conditions. This health care would include home,
hospital, nursing home, outpatient, preventative, habilitative,
rehabilitative and respite care. It also includes pharmaceuticals and
supplies required by the birth defect, such as wheelchairs, if
appropriate.
The legislation also provides compensation from the VA to the
children at four payment levels. The benefits would be for $100, $214,
$743, and $1,272, per month, depending upon the severity of the child's
disability. Future cost-of-living adjustments would be based on the
Consumer Price Index, just as other veterans and Social Security
benefits are adjusted.
This bill also authorizes VA to furnish the disabled children with
important vocational rehabilitation services. The services would
include: VA design of a training plan that is individually designed,
accounting for the individual needs of the child; placement and post-
placement services, personal and work adjustment training. It may also
include education at an institution of higher learning. The programs
would generally run 24 months, but if necessary, the Secretary may
extend the program for an additional 24 months.
This legislation would be effective one year after the date of
enactment, in order to allow time for regulations to be established. VA
estimates that the costs for this legislation would be approximately
$25 million over five years.
In conclusion, I believe that we must help the children born with
disabling birth defects associated with their mother's service in
Vietnam. It is the logical extension of our policy to provide benefits
for disabilities that result from service. It's the compassionate thing
to do--to ensure that these children have the health care and other
benefits they need to survive. As a nation, it is our unwavering
responsibility to deal with all the consequences of war, not just the
easy and obvious ones.
Mr. President, I ask unanimous consent that the bill fact sheet be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2494
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 ``Children of Female Vietnam
Veterans' Benefits Act of 2000''.
SEC. 2. BENEFITS FOR THE CHILDREN OF FEMALE VIETNAM VETERANS
WHO SUFFER FROM CERTAIN BIRTH DEFECTS.
(a) In General.--Chapter 18 of title 38, United States
Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER II--CHILDREN OF FEMALE VIETNAM VETERANS BORN WITH CERTAIN
BIRTH DEFECTS
``Sec. 1811. Definitions
``In this subchapter:
``(1) The term `child', with respect to a female Vietnam
veteran, means a natural child of the female Vietnam veteran,
regardless of age or marital status, who was conceived after
the date on which the female Vietnam veteran first entered
the Republic of Vietnam during the Vietnam era (as specified
in section 101(29)(A) of this title).
``(2) The term `covered birth defect' means each birth
defect identified by the Secretary under section 1812 of this
title.
``(3) The term `female Vietnam veteran' means any female
individual who performed active military, naval, or air
service in the Republic of Vietnam during the Vietnam era (as
so specified), without regard to the characterization of the
individual's service.
``Sec. 1812. Birth defects covered
``(a) Identification.--Subject to subsection (b), the
Secretary shall identify the birth defects of children of
female Vietnam veterans that--
``(1) are associated with the service of female Vietnam
veterans in the Republic of Vietnam during the Vietnam era
(as specified in section 101(29)(A) of this title); and
``(2) result in the permanent physical or mental disability
of such children.
``(b) Limitations.--(1) The birth defects identified under
subsection (a) may not include birth defects resulting from
the following:
``(A) A familial disorder.
``(B) A birth-related injury.
``(C) A fetal or neonatal infirmity with well-established
causes.
``(2) The birth defects identified under subsection (a) may
not include spina bifida.
``(c) List.--The Secretary shall prescribe in regulations a
list of the birth defects identified under subsection (a).
``Sec. 1813. Benefits and assistance
``(a) Health Care.--(1) The Secretary shall provide a child
of a female Vietnam veteran who was born with a covered birth
defect such health care as the Secretary determines is needed
by the child for such birth defect or any disability that is
associated with such birth defect.
``(2) The Secretary may provide health care under this
subsection directly or by contract or other arrangement with
a health care provider.
``(3) For purposes of this subsection, the definitions in
section 1803(c) of this title shall apply with respect to the
provision of health care under this subsection, except that
for such purposes--
``(A) the reference to `specialized spina bifida clinic' in
paragraph (2) of such section 1803(c) shall treated as a
reference to a specialized clinic treating the birth defect
concerned under this subsection; and
``(B) the reference to `vocational training under section
1804 of this title' in paragraph (8) of such section 1803(c)
shall be treated as a reference to vocational training under
subsection (b).
``(b) Vocational Training.--(1) The Secretary may provide a
program of vocational training to a child of a female Vietnam
veteran who was born with a covered birth defect if the
Secretary determines that the achievement of a vocational
goal by the child is reasonably feasible.
``(2) Subsections (b) through (e) of section 1804 of this
title shall apply with respect to any program of vocational
training provided under paragraph (1).
``(c) Monetary Allowance.--(1) The Secretary shall pay a
monthly allowance to any child of a female Vietnam veteran
who was born with a covered birth defect for any disability
resulting from such birth defect.
``(2) The amount of the monthly allowance paid under this
subsection shall be based on the degree of disability
suffered by the child concerned, as determined in accordance
with a schedule for rating disabilities resulting from
covered birth defects that is prescribed by the Secretary.
``(3) In prescribing a schedule for rating disabilities
under paragraph (2), the Secretary shall establish four
levels of disability upon which the amount of the monthly
allowance under this subsection shall be based.
``(4) The amount of the monthly allowance paid under this
subsection shall be as follows:
``(A) In the case of a child suffering from the lowest
level of disability prescribed in the schedule for rating
disabilities under this subsection, $100.
``(B) In the case of a child suffering from the lower
intermediate level of disability prescribed in the schedule
for rating disabilities under this subsection, the greater
of--
``(i) $214; or
``(ii) the monthly amount payable under section 1805(b)(3)
of this title for the lowest level of disability prescribed
for purposes of that section.
``(C) In the case of a child suffering from the higher
intermediate level of disability prescribed in the schedule
for rating disabilities under this subsection, the greater
of--
``(i) $743; or
[[Page S3262]]
``(ii) the monthly amount payable under section 1805(b)(3)
of this title for the intermediate level of disability
prescribed for purposes of that section.
``(D) In the case of a child suffering from the highest
level of disability prescribed in the schedule for rating
disabilities under this subsection, the greater of--
``(i) $1,272; or
``(ii) the monthly amount payable under section 1805(b)(3)
of this title for the highest level of disability prescribed
for purposes of that section.
``(5) Amounts under subparagraphs (A), (B)(i), (C)(i), and
(D)(i) of paragraph (4) shall be subject to adjustment from
time to time under section 5312 of this title.
``(6) Subsections (c) and (d) of section 1805 of this title
shall apply with respect to any monthly allowance paid under
this subsection.
``(d) General Limitations on Availability of Benefits and
Assistance.--(1) No individual receiving benefits or
assistance under this section may receive any benefits or
assistance under subchapter I of this chapter.
``(2) In any case where affirmative evidence establishes
that the covered birth defect of a child results from a cause
other than the active military, naval, or air service in the
Republic of Vietnam of the female Vietnam veteran who is the
mother of the child, no benefits or assistance may be
provided the child under this section.
``(e) Regulations.--The Secretary shall prescribe
regulations for purposes of the administration of the
provisions of this section.''.
(b) Administrative Provisions.--That chapter is further
amended by inserting after subchapter II, as added by
subsection (a) of this section, the following new subchapter:
``SUBCHAPTER III--ADMINISTRATIVE MATTERS
``Sec. 1821. Applicability of certain administrative
provisions
``The provisions of sections 5101(c), 5110(a), (b)(2), (g),
and (i), 5111, and 5112(a), (b)(1), (b)(6), (b)(9), and
(b)(10) of this title shall apply with respect to benefits
and assistance under this chapter in the same manner as such
provisions apply to veterans' disability compensation.
``Sec. 1822. Treatment of receipt of monetary allowance on
other benefits
``(a) Notwithstanding any other provision of law, receipt
by an individual of a monetary allowance under this chapter
shall not impair, infringe, or otherwise affect the right of
the individual to receive any other benefit to which the
individual is otherwise entitled under any law administered
by the Secretary.
``(b) Notwithstanding any other provision of law, receipt
by an individual of a monetary allowance under this chapter
shall not impair, infringe, or otherwise affect the right of
any other individual to receive any benefit to which such
other individual is entitled under any law administered by
the Secretary based on the relationship of such other
individual to the individual who receives such monetary
allowance.
``(c) Notwithstanding any other provision of law, a
monetary allowance paid an individual under this chapter
shall not be considered as income or resources in determining
eligibility for or the amount of benefits under any Federal
or Federally-assisted program.''.
(c) Repeal of Superseded Matter.--Section 1806 of title 38,
United States Code, is repealed.
(d) Redesignation of Existing Matter.--Chapter 18 of that
title is further amended by inserting before section 1801 the
following:
``SUBCHAPTER I--CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA''.
(e) Conforming Amendments.--(1) Sections 1801 and 1802 of
that title are each amended by striking ``this chapter'' and
inserting ``this subchapter''.
(2) Section 1805(a) of such title is amended by striking
``this chapter'' and inserting ``this section''.
(e) Clerical Amendments.--(1)(A) The chapter heading of
chapter 18 of that title is amended to read as follows:
``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS''.
(B) The tables of chapters at beginning of that title, and
at the beginning of part II of that title, are each amended
by striking the item relating to chapter 18 and inserting the
following new item:
``18. Benefits for Children of Vietnam Veterans.............1801''.....
(2) The table of sections at the beginning of chapter 18 of
that title is amended--
(A) by inserting after the chapter heading the following:
``SUBCHAPTER I--CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA'';
(B) by striking the item relating to section 1806; and
(C) by adding at the end the following:
``SUBCHAPTER II--CHILDREN OF FEMALE VIETNAM VETERANS BORN WITH CERTAIN
BIRTH DEFECTS
``1811. Definitions.
``1812. Birth defects covered.
``1813. Benefits and assistance.
``SUBCHAPTER III--ADMINISTRATIVE MATTERS
``1821. Applicability of certain administrative provisions.
``1822. Treatment of receipt of monetary allowance on other
benefits.''.
(f) Applicability.--(1) Except as provided in paragraph
(2), the amendments made by this section shall take effect on
the first day of the first month beginning more than one year
after the date of the enactment of this Act.
(2) The Secretary of Veterans Affairs shall identify birth
defects under section 1822 of title 38, United States Code
(as added by subsection (a) of this section), and shall
prescribe the regulations required by subchapter II of that
title (as so added), not later than the effective date
specified in paragraph (1).
(3) No benefit or assistance may be provided under
subchapter II of chapter 18 of title 38, United States Code
(as so added), for any period before the effective date
specified in paragraph (1) by reason of the amendments made
by this section.
____
Fact Sheet
Background
In 1999, VA released an epidemiological study on women
Vietnam veterans which found a ``statistically significant
increase in birth defects'' in the children of women Vietnam
veterans, particularly moderate to severe birth defects. The
reproductive outcomes of over 4,000 Vietnam women veterans
were compared with 4,000 Vietnam-era women veterans.
VA currently has authority to compensate veterans and
dependents for disease or injury of the veteran due to
service. VA was given special authority in 1996, to provide
benefits to children of Vietnam veterans for their own
disease resulting from their parent's service--for those
children born with spina bifida
Legislation
This bill would apply to women Vietnam veterans' children
born with birth defects (other than spina bifida) which
result in permanent physical or mental disability, except for
birth defects determined by the Secretary of VA to result
from familial disorders, birth-related injuries, or fetal or
neonatal infirmities with well-established causes.
This bill is modeled after the 1996 spina bifida
legislation.
It authorizes VA to provide or reimburse a contractor for
health care delivered to the disabled children for the birth
defect and associated conditions. This health care would
include home, hospital, nursing home, outpatient,
preventative, habilitative, rehabilitative and respite care.
It also includes pharmaceuticals and supplies required by the
birth defect, such as wheel chairs, if appropriate.
It provides compensation from the VA to the children at
four payment levels. The benefits would be for $100, $214,
$743, and $1,272, depending upon the severity of the
disability. Future cost of living adjustments would be
indexed and based on the Consumer Price Index, just as other
veterans' and Social Security benefits are adjusted.
This bill also authorizes VA to furnish the disabled
children with vocational rehabilitation services. The
services would include: VA provision of a training plan that
is individually designed, accounting for the individual needs
of the child; placement and post-placement services; and
personal and work adjustment training. It may also include
education at an institution of higher learning. The programs
will generally run 24 months, but if necessary, the Secretary
may extend the program for an additional 24 months.
The legislation would be effective one year after the date
of enactment, in order to allow time for regulations to be
established.
VA estimates that the costs for this legislation would be
approximately $25 million over five years.
______
By Mr. MOYNIHAN (for himself, Mr. Cochran, and Mr. Frist):
S. 2498. A bill to authorize the Smithsonian Institution to plan,
design, construct, and equip laboratory, administrative, and support
space to house base operations for the Smithsonian Astrophysical
Observatory Submillimeter Array located on Mauna Kea at Hilo, Hawaii;
to the Committee on Rules and Administration.
legislation to authorize the smithsonian institution to construct a
base facility in hilo, hawaii
Mr. MOYNIHAN. Mr. President, I am pleased to introduce today,
with Senator Cochran and Senator Frist, legislation to authorize the
construction of a base facility structure in Hilo, Hawaii, to house the
staff and laboratory operations of the Smithsonian Astrophysical
Observatory's Submillimeter Array (SMA) atop the summit of the ancient
volcano Mauna Kea.
The advanced SMA is an array of eight moveable radio telescope
antennas. Its combined images can produce high-resolution detail 50
times sharper than those achieved by any telescopes currently making
observations at these wavelengths. Ultimately, this telescope array
will be used to study a host of astronomical objects and phenomena
emitting images in the submillimeter
[[Page S3263]]
range, the narrow band of radiation between radio and infrared waves, a
portion of the electromagnetic spectrum largely unexplored from the
ground. Using the latest technology, the array will be able to probe
the murky clouds of the Milky Way where stars are born, peer into the
hearts of exploding galaxies, study cool faint objects of our own Solar
System, and explore other great questions in astronomy, gaining insight
into the processes and cataclysmic forces involved in the ultimate
formation and evolution of stars, planets and galaxies.
Like the innovative Chandra X-ray Observatory, which is now sending
back stunning images from space, essentially all of the Submillimeter
Array's equipment was designed and prototyped at the Smithsonian
Astrophysical Observatory's facilities in Cambridge, Massachusetts.
And, just as the Smithsonian collaborates with NASA on the
groundbreaking Chandra project, it collaborates with the Institute of
Astronomy and Astrophysics of the Academia Sinica of Taiwan on the
advanced SMA.
On September 29, 1999, by tracking and observing 230 gigahertz (230
billion cycles per second) of radiation from Mars, Venus, Saturn, and
Jupiter, SMA scientists made their first test observation--thereby
achieving the submillimeter equivalent of ``first light''--and took a
critical step in the ultimate success of this project. This is but yet
another milestone in the history of the Smithsonian Astrophysical
Observatory (SAO). Founded in 1890 by Secretary Samuel Langley as a
center for ``the new astronomy,'' where one might study the physical
nature of astronomical bodies as well as their positions and motions,
SAO pioneered studies of the relationship between the solar and
terrestrial phenomena. In the earliest days of the Space Age, SAO
established and operated a worldwide network of satellite-tracking
stations, including one on the island of Maui, and developed
experiments for some of the first orbiting space observatories. Today,
SAO, the Smithsonian unit with the largest budget, is headquartered--in
a partnership with Harvard University--in Cambridge, Massachusetts. At
that facility more than 300 scientists are engaged in a broad program
of astronomy, astrophysics, and earth and space sciences supported by
Federal appropriations, Smithsonian trust funds, Harvard University
funds, and contracts and grants. In addition to the Submillimeter Array
in Hawaii, SAO maintains a major data-gathering facility at the Whipple
Observatory near Tucson, Arizona and operates the Oak Ridge Observatory
in Massachusetts.
The legislation I am introducing today authorizes the Smithsonian to
plan, design, construct, and equip approximately 16,000 square feet of
laboratory, administrative, and support space at the base of Mauna Kea,
replacing inadequate, temporary leased space. It further authorizes an
appropriation of $2,000,000 in fiscal year 2001 and $2,500,000 in
fiscal year 2002. This is a very modest investment to ensure the
continuation of the scientific achievement and research excellence that
have been a tradition at the Smithsonian Astrophysical Observatory for
110 years.
I urge the speedy passage of this legislation and 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. 2498
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FACILITY AUTHORIZED.
The Board of Regents of the Smithsonian Institution is
authorized to plan, design, construct, and equip laboratory,
administrative, and support space to house base operations
for the Smithsonian Astrophysical Observatory Submillimeter
Array located on Mauna Kea at Hilo, Hawaii.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Board of
Regents of the Smithsonian Institution to carry out this Act,
$2,000,000 for fiscal year 2001, and $2,500,000 for fiscal
year 2002, which shall remain available until
expended.
Mr. COCHRAN. Mr. President, I am pleased to join my colleague,
the Senator from New York (Mr. Moynihan) and fellow Smithsonian
Institution Board Regent in introducing the legislation authorizing a
permanent base facility structure at Hilo, Hawaii for the Smithsonian
Astrophysical Observatory Submillimeter Array.
The Submillimeter Array is part of the world-class web of major data-
gathering facilities of the Smithsonian Astrophysical Observatory.
Other facilities are located in Arizona and its headquarters in
Massachusetts. Together these facilities support some of the world's
most advanced studies and discoveries in astronomy, astrophysics, earth
and space science.
This legislation will authorize the planning, design, construction
and outfitting of the necessary laboratory and other operational space
for the array of radio telescope antennas installed atop the ancient
volcano, Mauna Kea. Funding is authorized in the amount of $2,000,000
for Fiscal Year 2001 and $2,500,000 for Fiscal Year 2002. The new base
station will replace a current system of rented, overcrowded space
shared with astrophysical operations of other organizations and
countries.
Mr. President, I am proud of the Smithsonian Astrophysical
Observatory 110-year history and its reputation around the world. Its
work and discoveries are considered to be some of the most significant
of the Twentieth Century. From the first orbiting space observatories
to the newest images of our galaxy, the Smithsonian Astrophysical
Observatory has worked independently and collaborated with the National
Aeronautics and Space Administration to explore and explain the wonders
of the universe.
I hope the Senate will work quickly to pass this legislation so the
work of the Submillimeter Array can proceed.
____________________