[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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