[Congressional Record Volume 144, Number 78 (Tuesday, June 16, 1998)]
[House]
[Pages H4597-H4599]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NATIONAL DROUGHT POLICY ACT OF 1998

  Mr. BOEHLERT. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3035) 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, as amended.
  The Clerk read as follows:

                               H.R. 3035

       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 Drought Policy Act 
     of 1998''.

     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) there is an increasing need, particularly at the 
     Federal level, to emphasize preparedness, mitigation, and 
     risk management (rather than simply crisis management) when 
     addressing drought and other natural disasters or 
     emergencies;
       (4) 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;
       (5) there is no single Federal agency in a lead or 
     coordinating role with regard to drought;
       (6) State, local, and tribal governments have had to deal 
     individually and separately with each Federal agency involved 
     in drought assistance; and
       (7) 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, mitigate the impacts of, respond to, and recover from 
     serious drought emergencies.

     SEC. 3. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the National Drought Policy Commission (hereinafter 
     in this Act referred to as the ``Commission'').
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 16 
     members. The members of the Commission shall include--
       (A) the Secretary of Agriculture, or the designee of the 
     Secretary, who shall chair 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) six persons, appointed by the Secretary of Agriculture 
     in coordination with the Secretary of the Interior and the 
     Secretary of the Army, who shall be representative of groups 
     acutely affected by drought emergencies, such as the 
     agricultural production community, the credit community, 
     rural and urban water associations, Native Americans, and 
     fishing and environmental interests.
       (2) Date.--The appointments of the members of the 
     Commission shall be made no later than 60 days after the date 
     of the 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 
     chair.
       (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 Chair.--The Commission shall select a vice chair 
     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 
     in accordance with this section.
       (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, and other appropriate 
     entities, 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 State, local, and tribal laws and programs 
     relating to drought that 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 and other appropriate entities 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 considering the need for protection of 
     the environment;
       (7) make recommendations on improving public awareness of 
     the need for drought mitigation, prevention, and response and 
     on developing a coordinated approach to drought mitigation, 
     prevention, and response by governmental and nongovernmental 
     entities, including academic, private, and nonprofit 
     interests; and
       (8) 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 
     the enactment of this Act, the Commission shall submit a 
     report to the President and Congress 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 chair 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from

[[Page H4598]]

New York (Mr. Boehlert) and the gentleman from Pennsylvania (Mr. 
Borski) each will control 20 minutes.
  The Chair recognizes the gentleman from New York (Mr. Boehlert).
  Mr. BOEHLERT. Mr. Speaker, I yield myself such time as I may consume.
  This important, noncontroversial legislation establishes a 16-member 
commission to report to Congress and the President on the development 
of an integrated and coordinated approach to drought. H.R. 3035 is 
broadly supported by, among others, the National Governors' 
Association, the Western Governors' Association, and the National 
Emergency Management Association.
  For too long, the Nation has lacked a proactive, coordinated approach 
to drought, instead relying on crisis management. The result has been 
enormous damage and suffering equal to or greater than other forms of 
natural disasters. For example, the total economic losses to 
agriculture, energy, transportation and recreation tourism associated 
with the 1988 drought have been estimated at $40 billion.
  In response, the gentleman from New Mexico (Mr. Joseph Skeen) 
introduced H.R. 3035, which is companion legislation to S. 222, 
introduced by Senator Pete Domenici. The bill before us will help 
foster an integrated approach emphasizing prevention and mitigation.
  Let me thank the gentleman from Pennsylvania (Mr. Bud Shuster), the 
gentleman from Minnesota (Mr. Jim Oberstar), and the gentleman from 
Pennsylvania (Mr. Bob Borski) for their efforts in moving H.R. 3035 
through the Committee on Transportation and Infrastructure and the 
Subcommittee on Water Resources and the Environment.
  I also appreciate the cooperation of the Committee on Resources and 
the Committee on Agriculture, particularly their respective chairmen, 
the gentleman from Alaska (Mr. Don Young) and the gentleman from Oregon 
(Mr. Bob Smith). Thanks to their efforts, and the assistance of their 
staffs, we are able to bring this important legislation to the floor 
today.
  Most importantly, Mr. Speaker, I want to commend the gentleman from 
New Mexico (Mr. Joseph Skeen) and Senator Pete Domenici for championing 
H.R. 3035 and S. 222 through the Congress. After our hearing, the 
Subcommittee on Water Resources and the Environment, of the Committee 
on Transportation and Infrastructure, made very few changes to H.R. 
3035. These revisions, now incorporated into the bill, respond to 
suggestions by the administration, FEMA, the Corps of Engineers, and 
various Members. Areas of primary emphasis are disaster mitigation, 
environmental values and national or regional representation.

                              {time}  1600

  A more detailed discussion of the bill is contained in the 
committee's report, House Report 105-554.
  Mr. Speaker, I urge my colleagues to support H.R. 3035. This 
legislation can and should be enacted into law in the coming weeks.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BORSKI. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. BORSKI asked and was given permission to revise and extend his 
remarks.)
  Mr. BORSKI. Mr. Speaker, let me join with the gentleman from New York 
(Mr. Goodling), my distinguished subcommittee chairman in support of 
H.R. 3035, the National Drought Policy Act of 1998.
  Drought is one of the most subtle natural disasters the Nation faces. 
When a flood, earthquake, tornado, or hurricane strikes, the timing and 
magnitude of the event are readily apparent. Yet, when drought strikes, 
a region may be months or even years into it before it is apparent that 
the drought conditions exist. By then it may be too late to undertake 
the kind of careful advance planning and response that are necessary to 
minimize adverse impacts to communities, business, agriculture, and the 
environment.
  While the origin of this bill is drought issues in the western 
states, drought is no stranger to any portion of the country. Severe 
drought can arise in any region, and the harm that results to the 
citizens and the economy and environment is just as devastating. 
Therefore, the commission to be established under this bill should have 
a national focus, recognizing regional variations. There are no one-
size-fits-all solutions to drought, but the basic need for 
preparedness, mitigation and response affects all areas of the country.
  Mr. Speaker, I believe that the changes to H.R. 3035 adopted by the 
Committee improved the bill by emphasizing the natural effects of 
drought and the need for preparedness, mitigation and risk management 
relative to drought. I also strongly support that the commission 
accommodate the interests of urban water users. In times of scarce 
resources, urban and rural interests must work together for the common 
good.
  I am also pleased that the commission will specifically consider the 
need for protection of the environment. Too often, the last area 
afforded protection in times of drought is the aquatic ecosystem, and 
too often the interests least well represent or capable of protecting 
their interest at time of drought are aquatic species.
  By placing representatives of fishing and environmental interests on 
the commission, instream interests will be represented in the 
deliberations and afforded an opportunity to shape the recommendations.
  Mr. Speaker, some have suggested and recommended adding the 
Environmental Protection Agency to the commission, and this bill does 
not do that. However, I hope that the commission remains open to input 
from EPA, the Fish and Wildlife Service, and other interests which seek 
to protect the environment. For the commission's recommendations to be 
effective in shaping Federal drought policy, the recommendations must 
be balanced with all perspectives adequately considered and reflected.
  Again, Mr. Speaker, let me once again voice my support for the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOEHLERT. Mr. Speaker, I yield 3 minutes to the gentleman from 
Nebraska (Mr. Bereuter).
  Mr. BEREUTER. Mr. Speaker, I rise in strong support of H.R. 3035, the 
National Drought Policy Act. I thank the gentleman from New York for 
yielding me the time. I thank the bill's managers on the other side of 
the aisle and the gentleman from New Mexico (Mr. Skeen) and others who 
brought us this legislation.
  This important legislation, as mentioned, establishes an advisory 
commission to provide advice and recommendations on the creation of 
integrated and coordinated Federal policy designed to prepare for and 
respond to serious drought emergencies. Drought is one of the most 
complex and devastating natural disasters. Yet, it is also one of the 
least understood.
  Droughts cost the United States an average of $6 to $8 billion per 
year and cause serious environmental and social problems. Too often, 
the response to droughts is fragmented and it often comes too late. 
Once a drought hits, the options become much more limited. There is a 
clear need to plan ahead.
  The National Drought Policy Act seeks to address the current 
shortcomings by encouraging a proactive rather than a reactive approach 
to drought. The commission created by the bill would work to develop a 
comprehensive and coordinated Federal policy so that the Nation is 
prepared for upcoming droughts. The commission would also make 
recommendations on the best way to integrate Federal drought laws and 
programs with those of the state, local, and tribal level; and I think 
that is probably the most important responsibility.
  I would like to take this opportunity to acknowledge the outstanding 
work by the National Drought Mitigation Center at the University of 
Nebraska Lincoln. The Center, founded in 1995, stresses drought 
prevention and risk management. The National Drought Policy Act would 
greatly assist the Center in its efforts to develop a comprehensive 
program designed to reduce vulnerability to drought by promoting the 
development and implementation of appropriate mitigation policies. The 
Center is focused on the Great Plains, but its work has advantages for 
many parts of the country.
  As I looked at some of the things the university is doing, I realize 
they have gone a long way now to help develop plants that are drought 
resistant or at least that do not suffer so greatly from the stress of 
drought.

[[Page H4599]]

  Mr. Speaker, development of a National Drought Policy Act is long 
overdue. I am pleased that H.R. 3035 addresses this problem and urge my 
colleagues to support the legislation.
  Mr. BOEHLERT. Mr. Speaker, let the Record note that the author of the 
bill the gentleman from New Mexico (Mr. Skeen) is chairing a 
subcommittee meeting with the Committee on Appropriations and is not 
able to be here with us today.
  Mr. MILLER of California. Mr. Speaker, I rise in support of H.R. 3035 
which would establish an advisory commission to provide advice and 
recommendations to help create a coordinated federal drought mitigation 
and response policy. Currently, droughts tend to receive minimal 
advance attention and are primarily addressed ad hoc in a crisis 
management mode.
  The commission established by the bill would recommend ways to 
coordinate the numerous federal agencies that have a role in droughts. 
It would also help ensure that federal efforts would compliment state 
and local programs without diminishing state water rights or 
environmental protection.
  H.R. 3035 builds upon the recent work of the Western Water Policy 
Review Advisory Commission and the Western Governors' Association. Both 
organizations have recommended the creation of an interagency task 
force to develop an integrated national drought policy plan that 
emphasizes risk-management.
  I appreciate the efforts of my colleagues on the Transportation and 
Infrastructure Committee, and I urge my colleagues to support this 
legislation.
  Mr. BOEHLERT. Mr. Speaker, having no further requests for time, I 
yield back the balance of my time.
  Mr. BORSKI. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion 
offered by the gentleman from New York (Mr. Boehlert) that the House 
suspend the rules and pass the bill, H.R. 3035, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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