[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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