[Congressional Record Volume 143, Number 158 (Monday, November 10, 1997)]
[Senate]
[Pages S12498-S12499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NATIONAL DROUGHT POLICY ACT OF 1997

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 281, S. 222.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 222) to establish an advisory commission to 
     provide advice and recommendations on the creation of an 
     integrated, coordinated Federal policy designed to prepare 
     for and respond to serious drought emergencies.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Governmental 
Affairs, with an amendment to strike all after the enacting clause and 
insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Drought Policy Act 
     of 1997''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the United States often suffers serious economic and 
     environmental losses from severe regional droughts and there 
     is no coordinated Federal strategy to respond to such 
     emergencies;
       (2) at the Federal level, even though historically there 
     have been frequent, significant droughts of national 
     consequences, drought is addressed mainly through special 
     legislation and ad hoc action rather than through a 
     systematic and permanent process as occurs with other natural 
     disasters;
       (3) several Federal agencies have a role in drought from 
     predicting, forecasting, and monitoring of drought conditions 
     to the provision of planning, technical, and financial 
     assistance;
       (4) there has never been one single Federal agency in a 
     lead or coordinating role with regard to drought;
       (5) the State, local, and tribal governments have had to 
     deal individually and separately with each Federal agency 
     involved in drought assistance; and
       (6) the President should appoint an advisory commission to 
     provide advice and recommendations on the creation of an 
     integrated, coordinated Federal policy designed to prepare 
     for and respond to serious drought emergencies.

     SEC. 3. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the National Drought Policy Commission (hereafter in 
     this Act referred to as the ``Commission'').
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 14 
     members. The members of the Commission shall include--
       (A) the Secretary of Agriculture, or the designee of the 
     Secretary, who shall serve as Chairperson of the Commission;
       (B) the Secretary of the Interior, or the designee of the 
     Secretary;
       (C) the Secretary of the Army, or the designee of the 
     Secretary;
       (D) the Secretary of Commerce, or the designee of the 
     Secretary;
       (E) the Director of the Federal Emergency Management 
     Agency, or the designee of the Director;
       (F) the Administrator of the Small Business Administration, 
     or the designee of the Administrator;
       (G) two persons nominated by the National Governors' 
     Association and appointed by the President, of whom--
       (i) one shall be the governor of a State east of the 
     Mississippi River; and
       (ii) one shall be a governor of a State west of the 
     Mississippi River;
       (H) a person nominated by the National Association of 
     Counties and appointed by the President;
       (I) a person nominated by the United States Conference of 
     Mayors and appointed by the President; and
       (J) four persons appointed by the Secretary of Agriculture 
     who shall be representative of groups acutely affected by 
     drought emergencies, such as the agricultural production 
     community, the credit community, rural water associations, 
     and Native Americans.
       (2) Date.--The appointments of the members of the 
     Commission shall be made no later than 60 days after the date 
     of enactment of this Act.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (d) Initial Meeting.--No later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (e) Meetings.--The Commission shall meet at the call of the 
     Chairperson.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Vice Chairperson.--The Commission shall select a Vice 
     Chairperson from among the members who are not Federal 
     officers or employees.

     SEC. 4. DUTIES OF THE COMMISSION.

       (a) Study and Report.--The Commission shall conduct a 
     thorough study and submit a report on national drought 
     policy, as provided under subsection (c).
       (b) Content of Study and Report.--In conducting the study 
     and report, the Commission shall--
       (1) determine, in consultation with the National Drought 
     Mitigation Center in Lincoln, Nebraska, what needs exist on 
     the Federal, State, local, and tribal levels to prepare for 
     and respond to drought emergencies;
       (2) review all existing Federal laws and programs relating 
     to drought;
       (3) review those State, local, and tribal laws and programs 
     relating to drought the Commission finds pertinent;
       (4) determine what differences exist between the needs of 
     those affected by drought and the Federal laws and programs 
     designed to mitigate the impacts of and respond to drought;
       (5) collaborate with the Western Drought Coordination 
     Council in order to consider regional drought initiatives and 
     the application of such initiatives at the national level;
       (6) make recommendations on how Federal drought laws and 
     programs can be better integrated with ongoing State, local, 
     and tribal programs into a comprehensive national policy to 
     mitigate the impacts of and respond to drought emergencies 
     without diminishing the rights of States to control water 
     through State law; and
       (7) include a recommendation on whether all Federal drought 
     preparation and response programs should be consolidated 
     under one existing Federal agency and, if so, identify such 
     agency.
       (c) Submission of Report.--
       (1) In general.--No later than 18 months after the date of 
     enactment of this Act, the Commission shall submit a report 
     to the President and the Committee on Governmental Affairs of 
     the Senate and the Committee on Government Reform and 
     Oversight of the House of Representatives which shall contain 
     a detailed statement of the findings and conclusions of the 
     Commission, together with its recommendations for such 
     legislation and administrative actions as it considers 
     appropriate.
       (2) Approval of report.--Before submission of the report, 
     the contents of the report shall be approved by unanimous 
     consent or majority vote. If the report is approved by 
     majority vote, members voting not to approve the contents 
     shall be given the opportunity to submit dissenting views 
     with the report.

     SEC. 5. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers necessary 
     to carry out the purposes of this Act.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this Act. Upon request of the 
     Chairperson of the Commission, the head of such department or 
     agency shall furnish such information to the Commission.
       (c) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (d) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 6. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall not be compensated for service on the Commission, 
     except as provided under subsection (b). All members of the 
     Commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (d) Administrative Support.--The Secretary of Agriculture 
     shall provide all financial, administrative, and staff 
     support services for the Commission.

     SEC. 7. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits its report under section 4.

  Mr. DOMENICI. Mr. President, I comment this body for passing the 
National Drought Policy act of 1997. Our

[[Page S12499]]

Nation must not forget that while the Midwest United States has 
recently suffered from severe flooding, and my home State of New Mexico 
is currently not lacking precious rainfall, last year the Southwest 
experienced the worst drought in over 100 years. The results were 
nothing less than disastrous.
  In New Mexico, for example, the drought decimated the State's 
agricultural community. Every county in the State received disaster 
declarations from the USDA. Farmers in the southern part of the State 
were forced to go to water wells, depleting an already-taxed aquifer. 
In northeastern New Mexico, winter wheat crops failed for the first 
time in anyone's memory. It was estimated that ranchers lost up to 85 
percent of their capital, and 40 percent reductions in livestock herds 
was not uncommon.
  The drought also had a catastrophic impact on New Mexico's forests. 
The incredibly dry conditions brought on by the drought sparked fires, 
which were exacerbated by the lack of water needed to extinguish them. 
In all, there were over 1,200 fires in New Mexico last year that burned 
over 140,000 acres of land and wiped out dozens of homes and 
businesses.
  The drought also taxed municipal water systems to their limits, and 
forced many cities and towns to consider drastically raised water rates 
for their citizens. And the drought meant that critical stretches of 
the Rio Grande River were almost completely dry, which in turn meant 
vastly reduced amounts of water for wildlife such as the endangered 
silvery minnow.
  However, New Mexico's problems were those of just one State; the 
1995-96 drought devastated the entire Southwest. Arizona, California, 
Colorado, Nevada, Oklahoma, Texas, Utah, and Kansas were all severely 
damaged by the drought. We in the Southwest are fortunate that this 
year is proving to be a much better year for precipitation than the 
last. But we do not know what the next year will bring. Another drought 
could again send towns scrambling to drill new water wells, sweep fire 
across bone-dry forests, and force farmers and ranchers to watch their 
way of life blow away with the dust.
  But I do not want to give the impression that severe droughts are 
solely the curse of the Southwest. Every region in the United States 
can be hit by these catastrophes. In 1976-77, a short but intense 
drought struck the Pacific Northwest, requiring the construction of 
numerous dams and reservoirs to secure millions of additional acre feet 
of needed water. The 1988 Midwest drought caused over $5 billion in 
losses. And the infamous 7-year drought of 1986-93 experienced by 
California, the Pacific Northwest, and the Great Basin States caused 
extensive damage to water systems, water quality, fish and wildlife, 
and recreational activities. Recently, areas of Maryland, Virginia, and 
Pennsylvania suffered unusual drought conditions.

  Yet, while drought is so pervasive and even though it seriously 
affects the economic and environmental well-being of the entire nation, 
the United States is poorly prepared to deal with serious drought 
emergencies. As a result of the hardships being suffered in every part 
of my State last year, I convened a special Multi-State Drought Task 
Force of Federal, State, local, and tribal emergency management 
agencies to coordinate efforts to respond to the drought. The task 
force was ably headed up by the Federal Emergency Management Agency, 
and included every Federal agency that has programs designed to deal 
with drought.
  While FEMA has done a tremendous job in responding to sudden 
disasters such as flooding, the impact of drought emerges gradually 
rather than suddenly. Unfortunately, what the task force found was 
this: although the Federal Government has numerous drought related 
programs on the books, we have no integrated, coordinated system of 
implementing those programs. Drought victims in this Nation do not know 
who to turn to for help, and when they finally do find help, it is too 
late and totally inadequate. The gradual nature of drought devastation 
underscores the need for drought management rather than drought 
response.
  We must be vigilant, and prepare ourselves for quick action when the 
next drought cycle begins. Last year's devastating drought and the 
chaotic manner in which governments responded to it, confirmed my 
belief that this legislation is needed. With recommendations from the 
Western Governors' Association, the National Governors' Association, 
and the Multi-State Drought Task Force, I introduced the National 
Drought Policy Act of 1997 in January. This legislation, which passed 
the Senate today, will be the first step toward finally establishing a 
coherent, effective national drought policy. S. 222 creates a 
commission comprised of representatives of those Federal, State, local, 
and tribal agencies and organizations that are most involved with 
drought issues. S. 222 charges the commission with providing 
recommendations on a permanent and systematic Federal process to 
address this particular type of devastating natural disaster. On the 
Federal side, the Commission will include representatives from USDA, 
Interior, the Army, FEMA, SBA, and Commerce--agencies which all 
currently have drought-related programs. Equally important will be the 
non-Federal members, including representatives from the National 
Governors' Association, the U.S. Conference of Mayors, and four persons 
representative of those groups that are always hardest hit by drought 
emergencies.
  The Commission also will be charged with determining what needs 
exists on the Federal, State, local, and tribal levels with regard to 
drought; reviewing existing drought programs; and determining what gaps 
exist between the needs of drought victims and those programs currently 
designed to deal with drought. The Commission will then make 
recommendations on how Federal drought laws and programs can be better 
integrated into a comprehensive national drought policy.
  In recognition of the national nature of drought emergencies, this 
effort has garnered bi-partisan support. Senator Bob Kerrey and other 
witnesses encouraged amendments which include collaboration with the 
National Drought Mitigation Center as well as the Western Drought 
Coordination Council. These suggestions ensure that the Commission 
would receive important input from existing entities on the needs at 
the Federal, State, local, and tribal levels to prepare for and respond 
to drought emergencies.
  Unfortunately, drought conditions are a way of life in my region of 
the country. But better planning on our part, and with the 
recommendations of the Drought Commission established under S. 222, may 
limit some of the damage. I look forward to passage of this 
legislation, which is important to the entire United States, in the 
House of Representatives early next year.
  Mr. LOTT. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  Mr. LOTT. Mr. President, I ask unanimous consent that the bill, as 
amended, be considered read a third time and passed, the motion to 
reconsider be laid upon the table, and that any statements relating to 
this bill appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 222), as amended, was read a third time and passed.

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