[Congressional Record Volume 149, Number 111 (Thursday, July 24, 2003)]
[Senate]
[Pages S9906-S9912]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. HATCH (for himself and Mr. Leahy):
S. 1451. A bill to reauthorize programs under the Runaway and
Homeless Youth Act and the Missing Children's Assistance Act, and for
other purposes; to the Committee on the Judiciary.
Mr. HATCH. Mr. President, I rise today to introduce ``the Runaway,
Homeless and Missing Children Protection Act of 2003.'' This bill would
reauthorize the Runaway and Homeless Youth Act as well as the National
Center for Missing and Exploited Children.
The Runaway and Homeless Youth Act enables public and private
entities to establish and operate centers for runaway and homeless
youth. These centers--which provide, among other things, shelter,
counseling, drug and sexual abuse education and treatment for youth--
serve as alternatives for youths who are in the child welfare or
juvenile justice systems. These alternatives have proven successful in
keeping children off of our streets and from returning to our juvenile
justice system.
The Runaway, Homeless and Missing Children Protection Act amends the
original Act in the following ways: 1. It includes testing youth for
sexually transmitted diseases; 2. It allows an exception to the 20
person maximum capacity to comply with States laws which may allow
higher capacities; 3. It allows youths to go to maternity group homes,
adds the homes to the list of eligible groups; 4. It increases the
maximum amount of time a youth may spend in a home; 5. It requires the
centers/groups to inform school districts of the status of youths, and
it requires the centers/groups to inform youths of post-secondary
education and training opportunities; and 6. It authorizes the Act
through fiscal year 2008.
In addition, the Act reauthorizes the National Center for Missing and
Exploited Children through Fiscal Year 2008. The Center is a critical
component of our Nation's battle against child pornography and child
exploitation. It is absolutely dedicated to eradicating these evils,
and its members work tirelessly towards this end. The Center deserves
more than just kind words for these heroic efforts; federal funding is
necessary for it to continue this good work. Indeed, Congress has
tasked the Center with many missions, including maintaining the cyber-
tipline that receives reports of online child pornography, which the
Center forwards to appropriate law enforcement officials and the new
pilot program to study the feasibility of instituting a national
background check for volunteers who work with children. In these, as
well as many other areas, the Center forms a valuable partnership with
both Federal and State law enforcement officials and prosecutors in
redressing a host of crimes against children.
I urge my colleagues to support this Act and these important
programs.
Mr. LEAHY. Mr. President, I rise today with Senator Hatch to
introduce legislation to reauthorize and improve the Runaway and
Homeless Youth Act, and to extend the authorization of the Missing
Children's Assistance Act. We would extend both laws through 2008. This
bill follows in the footsteps of the recently enacted PROTECT Act
legislation, and presents another milestone in our efforts to safeguard
all of our children.
In the 29 years since it became law, the Runaway and Homeless Youth
Act has helped some of the most vulnerable children in our country. A
Justice Department report released last year estimated that 1.7 million
young people either ran away from home or were thrown out of their home
in 1999. Other studies have suggested an even higher number. This law
and the programs it funds provide a safety net that helps give these
young people a chance to build lives for themselves. It is slated to
expire at the end of this fiscal year, and Congress should not allow
that to happen.
[[Page S9907]]
Under the Act, ever State receives a Basic Center grant of at least
$100,000 to provide housing and crisis services for runaway and
homeless youth and their families. Community-based groups around the
country can also apply for funding through the Transitional Living
Program, TLP, and the Sexual Abuse Prevention/Street Outreach grant
program. TLP grants are used to provide longer-term housing to homeless
youth between the ages of 16 and 21, and to help them become self-
sufficient. The Outreach grants are used to target youth who have
engaged in or are at risk of engaging in high-risk behaviors while
living on the street.
In my State, the Vermont Coalition for Runaway and Homeless Youth and
Spectrum Youth and Family Services in Burlington receive grants under
these programs and have provided excellent services both to young
people trying to build lives on their own and to those who are
struggling on the streets. Reauthorizing this law will allow them to
continue their enormously important work.
This bill would improve the TLP by extending the period during which
older homeless youth can receive services, to ensure that all homeless
youth can take advantage of TLP services at least until they turn 18.
It would also amend the grant allocation formula to allow between 45
and 55 percent of funding to be used for TLP services, an increase from
the current statutory maximum of 30 percent. In practice, TLP services
have proven so critical that the appropriations committees already
allocate 45 percent of the fund to TLPs, and this change will bring the
authorizing statute in line with reality.
The bill would also make permanent the Secretary of Health and Human
Services' authority to make grants explicitly to help rural areas meet
the unique stresses of providing services to runaway and homeless
youth. Programs serving runaway and homeless youth have found that
those in rural areas are particularly difficult to reach and serve
effectively, and this bill recognizes that fact.
In addition, we take steps in this bill to ensure that runaway and
homeless youth are aware of the educational opportunities available to
them, and to increase coordination between HHS and the Department of
Housing and Urban Development.
The improvements proposed in this bill to the Missing Children's
Assistance Act build on provisions included in the PROTECT Act
legislation that we enacted earlier this year. In that bill, we
authorized National Center for Missing and Exploited Children,
``NCMEC'', activities through 2005 and authorized the Center to
strengthen its CyberTipline to provide online users an effective means
of reporting Internet-related child sexual exploitation in distribution
of child pornography, online enticement of children for sexual acts,
and child prostitution. The legislation we introduce today would extend
NCMEC through 2008. Now more than ever, it is critical for Congress to
give the Center the resources it needs in order to pursue its important
work. A missing or abducted child is the worst nightmare of any parent
or grandparent, and NCMEC has proved to be an invaluable resource in
Federal, State, and local efforts to recover children who have
disappeared.
Although this is a very good bill on the whole, I am disappointed
that Senator Hatch did not agree to remove a provision that was
included in the House bill that prohibits grantees from using any funds
provided under this program for needle distribution programs. This is a
superfluous provision that simply repeats what is already law. In
addition, it is unnecessary because no grantee under this program
operates needle exchange programs or has expressed interest in doing
so. The inclusion of this needless provision, however, does not change
the fact that this is still a good bill.
These programs have received tremendous bipartisan support over the
years, and the House has already passed this bill by a vote of 404-14.
The Senate should consider this bill as promptly as possible.
______
By Mr. LEAHY (for himself and Mrs. Boxer):
S. 1453. A bill to expedite procedures for hazardous fuels reduction
activities and restoration in wildlife fire prone national forests and
for other purposes; to the Committee on Agriculture, Nutrition, and
Forestry.
Mr. LEAHY. Mr. President, today I rise to introduce a bill to address
the growing concern over the future of our Nation's Federal forest
lands. The debate over the administration's proposed Healthy Forests
Initiative indicates just how important these public lands are and
calls for Congress to provide visionary leadership over the future of
these lands. My bill, the Forestry and Community Assistance Act,
strives to provide that vision through a balance of sound land
stewardship and immediate active management to address the wildfire
risk to communities and the forest health needs of our Federal and
private forest lands.
The catastrophic fires that plague our western national forests and
Bureau of Land Management lands are not a new phenomenon. Forest fires
are part of the natural landscape. However, the intensity of these
fires and the impacts of them on the urban interface due to past
management decisions must be appropriately addressed. This a complex
issue requiring prudent and deliberate thought, not rash reaction that
cuts the public out from the debate over the future of their Federal
lands.
The administration claims that over 190 million acres are in need of
treatment. By its own admission, treating even a small fraction of
these acres will take almost a decade. Most people believe it will be
much longer and could cost billions of dollars. Unfortunately, we do
not have the time or money to take the broad, unfocused approach the
administration proposes in H.R. 1904.
We need to take a step back and work together on a bill that will
target funding and projects first to help those communities at greatest
risk from wildfires. My bill, the Forest and Community Assistance Act,
will expedite fire threat reduction projects on high-risk forest lands
nearby communities, private property, and municipal watersheds. It
provides new authority for Federal land management agencies to enter
into cooperative agreements with local and State government, homeowner
associations, and local fire districts to plan and execute thinning
projects across ownership boundaries.
It would do all of this without compromising environmental laws, the
public input process, or judicial review. The administration, through
H.R. 1904, is suggesting that they should be able to get around all of
these. They are wrong. Those who we entrust with the management of our
public lands should be held to the highest standards of accountability.
To end the open dialog with the American public, remove objective
oversight, and, when necessary, limit review of decisions by the
judiciary is irresponsible. These are the American public's lands, not
the lands of a small minority who want to bypass over 30 years of
environmental laws and jurisprudence.
The administration continues to argue that these problems have been
created by unnecessary analysis, appeals, and lawsuits. It still
boggles the imagination that an agency with a $4.84 billion budget,
such as the Forest Service, is brought to its knees by thirteen
lawsuits as recently noted in a May 2003 General Accounting Office
report.
Maybe the devil is in the details, but as a former States attorney
and ranking member of the Senate Judiciary Committee, one of my
greatest concerns with the House bill, H.R. 1904, is its encroachment
into the judicial branch. H.R. 1904 not only interferes with how the
courts should manage their dockets, but it further tips the scales of
justice in favor of the government. This is not the appropriate role of
this Congress or of the executive branch. As noted, by my good
colleague from Alaska, Senator Stevens, in a debate last week on
another bill, ``the separation of powers is one of the most distinct
advantages of this democracy. It is the longest living government on
the face of the Earth today because it is a government of the people,
by the people, and for the people, but it has a Constitution. That
Constitution we all swear to uphold and defend. Part of that
Constitution is the separation of powers concept.'' H.R. 1904 violates
that concept.
[[Page S9908]]
The Forestry and Community Assistance Act of 2003 allows for public
involvement, requires compliance with environmental laws, and allows
for judicial review, while allowing work to be completed in an
expedited manner. Further, my bill works towards addressing the health
of our Nation's Federal lands by placing an emphasis on addressing the
large-scale insect and disease epidemics that are harbingers of an
unhealthy forest. The bill would also conserve lands in a healthy
forest reserve program to provide protection for species at risk.
Lastly, but not of least significance, the Forestry and Community
Assistance Act focuses on providing economic and technical assistance
to rural communities that depend on this Nation's natural resources for
a living.
I hope that my colleagues will take a very close look at H.R. 1904
and recognize that it goes much further than its claims of addressing
wildfire. I hope my colleagues will recognize that we need to take a
different approach.
______
By Mr. DOMENICI (for himself, Mr. Baucus, Mr. Allard, Mr. Allen,
Mr. Bingaman, Mr. Burns, Mr. Campbell, Mr. Enzi, Mr. Johnson,
Mr. Smith, Mr. Warner, Mr. Craig, Mr. Hagel, Mr. Wyden, Mr.
Roberts, Mr. Nelson of Nebraska, Ms. Collins, and Mr. Reid):
S. 1454. A bill to establish a National Drought Council within the
Department of Agriculture, to improve national drought preparedness,
mitigation, and response efforts, and for other purposes; to the
Committee on Agriculture, Nutrition, and Forestry.
Mr. DOMENICI. Mr. President, I rise today to introduce the National
Drought Preparedness Act of 2003. I want to start by thanking my
colleague from Montana, Senator Baucus, for joining me as my lead
cosponsor on this important legislation.
The National Drought Council will formulate strategies to alleviate
the effects of drought by fostering a greater understanding of what
triggers wide spread drought conditions. By educating the public in
water conservation and proper land stewardship, we can ensure a better
preparedness when future drought plagues our country.
Drought is a unique emergency situation; it creeps in unlike other
abrupt weather disasters. Without a national drought policy we
constantly live not knowing what the next year will bring. If we find
ourselves facing a drought, towns could be scrambling to drill new
water wells, fire could sweep across bone dry forests, and farmers and
ranchers could be forced to watch their way of life blow away with the
dust. We must be vigilant and prepare ourselves for quick action when
the next drought cycle begins. Better planning on our part could limit
some of the damage felt by drought. I propose that this bill is the
exact tool needed for facilitating better planning.
The impacts of drought are also very costly. According to NOAA, there
have been 12 different drought events since 1980 that resulted in
damages and costs exceeding $1 billion each. In 2000, severe drought in
the South-Central and Southeastern States caused losses to agriculture
and related industries of over $4 billion. Western wildfires that year
totaled over $2 billion in damages. The Eastern drought in 1999 led to
$1 billion in losses. These are just a few of the statistics.
I am pleased to be following through on what I started in 1997 when I
commissioned a taskforce to study the widespread effects of drought. As
a result, the taskforce concluded that the development of a national
drought council would be an important factor in proactively combating
drought.
The bill that I am introducing today is the next step in implementing
a national, cohesive drought policy. The bill recognizes that drought
is a recurring phenomenon that causes serious economic and
environmental loss and that a national drought policy is needed to
ensure an integrated, coordinated strategy.
What the future holds is very uncertain but the continuing apathy in
a national drought policy is not. The need for this act is now. We can
ill afford to suffer the devastating after-effects of drought knowing
that we could have prepared ourselves better.
Before I close I would like to give some information about the bill.
The National Drought Preparedness Act of 2003 establishes a National
Drought Council within the Department of Agriculture to improve
national drought preparedness, mitigation, and response efforts. It
also develops a cohesive strategy for national drought policy where
none previously existed. Addressing these concerns should be of
paramount importance as we enter into yet another year with predictions
of continued drought.
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. 1454
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Drought Preparedness Act of 2003''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Effect of Act.
TITLE I--DROUGHT PREPAREDNESS
Subtitle A--National Drought Council
Sec. 101. Membership and voting.
Sec. 102. Duties of the Council.
Sec. 103. Powers of the Council.
Sec. 104. Council personnel matters.
Sec. 105. Authorization of appropriations.
Sec. 106. Termination of Council.
Subtitle B--National Office of Drought Preparedness
Sec. 111. Establishment.
Sec. 112. Director of the Office.
Sec. 113. Office staff.
Subtitle C--Drought Preparedness Plans
Sec. 121. Drought Assistance Fund.
Sec. 122. Drought preparedness plans.
Sec. 123. Federal plans.
Sec. 124. State and tribal plans.
Sec. 125. Regional and local plans.
Sec. 126. Plan elements.
TITLE II--WILDFIRE SUPPRESSION
Sec. 201. Grants for prepositioning wildfire suppression resources.
SEC. 2. FINDINGS.
Congress finds that--
(1) drought is a natural disaster;
(2) regional drought disasters in the United States cause
serious economic and environmental losses, yet there is no
national policy to ensure an integrated and coordinated
Federal strategy to prepare for, mitigate, or respond to such
losses;
(3) drought has an adverse effect on resource-dependent
businesses and industries (including the recreation and
tourism industries);
(4) State, tribal, and local governments have to increase
coordinated efforts with each Federal agency involved in
drought monitoring, planning, mitigation, and response;
(5) effective drought monitoring--
(A) is a critical component of drought preparedness and
mitigation; and
(B) requires a comprehensive, integrated national program
that is capable of providing reliable, accessible, and timely
information to persons involved in drought planning,
mitigation, and response activities;
(6) the National Drought Policy Commission was established
in 1998 to provide advice and recommendations on the creation
of an integrated, coordinated Federal policy designed to
prepare for and respond to serious drought emergencies;
(7) according to the report issued by the National Drought
Policy Commission in May 2000, the guiding principles of
national drought policy should be--
(A) to favor preparedness over insurance, insurance over
relief, and incentives over regulation;
(B) to establish research priorities based on the potential
of the research to reduce drought impacts;
(C) to coordinate the delivery of Federal services through
collaboration with State and local governments and other non-
Federal entities; and
(D) to improve collaboration among scientists and managers;
and
(8) the National Drought Council, in coordination with
Federal agencies and State, tribal, and local governments,
should provide the necessary direction, coordination,
guidance, and assistance in developing a comprehensive
drought preparedness system.
SEC. 3. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the National
Drought Council established by section 101(a).
(2) Critical service provider.--The term ``critical service
provider'' means an entity that provides power, water
(including water provided by an irrigation organization or
facility), sewer services, or wastewater treatment.
(3) Director.--The term ``Director'' means the Director of
the Office appointed under section 112(a).
(4) Drought.--The term ``drought'' means a natural disaster
that is caused by a deficiency in precipitation--
[[Page S9909]]
(A) that may lead to a deficiency in surface and subsurface
water supplies (including rivers, streams, wetlands, ground
water, soil moisture, reservoir supplies, lake levels, and
snow pack); and
(B) that causes or may cause--
(i) substantial economic or social impacts; or
(ii) physical damage or injury to individuals, property, or
the environment.
(5) Fund.--The term ``Fund'' means the Drought Assistance
Fund established by section 121(a).
(6) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(7) Interstate watershed.--The term ``interstate
watershed'' means a watershed that crosses a State or tribal
boundary.
(8) Mitigation.--The term ``mitigation'' means a short- or
long-term action, program, or policy that is implemented in
advance of or during a drought to minimize any risks and
impacts of drought.
(9) National integrated drought system.--The term
``National Integrated Drought System'' means a comprehensive
system that collects and integrates information on the key
indicators of drought, including stream flow, ground water
levels, reservoir levels, soil moisture, snow pack, climate
(including precipitation and temperature), and forecasts, in
order to make usable, reliable, and timely assessments of
drought, including the severity of drought.
(10) Neighboring country.--The term ``neighboring country''
means Canada and Mexico.
(11) Office.--The term ``Office'' means the National Office
of Drought Preparedness established under section 111.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(13) Trigger.--The term ``trigger'' means the thresholds or
criteria that must be satisfied before mitigation or
emergency assistance may be provided to an area--
(A) in which drought is emerging; or
(B) that is experiencing a drought.
(14) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Agriculture for Natural Resources and
Environment.
(15) Watershed.--
(A) In general.--The term ``watershed'' means--
(i) a region or area with common hydrology;
(ii) an area drained by a waterway that drains into a lake
or reservoir;
(iii) the total area above a designated point on a stream
that contributes water to the flow at the designated point;
or
(iv) the topographic dividing line from which surface
streams flow in 2 different directions.
(B) Exclusion.--The term ``watershed'' does not include a
region or area described in subparagraph (A) that is larger
than a river basin.
(16) Watershed group.--The term ``watershed group'' means a
group of individuals that--
(A) represents the broad scope of relevant interests in a
watershed; and
(B) works in a collaborative manner to jointly plan the
management of the natural resources in the watershed; and
(C) is formally recognized by each of the States in which
the watershed lies.
SEC. 4. EFFECT OF ACT.
This Act does not affect--
(1) the authority of a State to allocate quantities of
water under the jurisdiction of the State; or
(2) any State water rights established as of the date of
enactment of this Act.
TITLE I--DROUGHT PREPAREDNESS
Subtitle A--National Drought Council
SEC. 101. MEMBERSHIP AND VOTING.
(a) In General.--There is established in the Office of the
Secretary a council to be known as the ``National Drought
Council''.
(b) Membership.--
(1) Composition.--The Council shall be composed of--
(A) the Secretary;
(B) the Secretary of Commerce;
(C) the Secretary of the Army;
(D) the Secretary of the Interior;
(E) the Director of the Federal Emergency Management
Agency;
(F) the Administrator of the Environmental Protection
Agency;
(G) 4 members appointed by the Secretary, in coordination
with the National Governors Association--
(i) who shall each be a Governor of a State; and
(ii) who shall collectively represent the geographic
diversity of the United States;
(H) 1 member appointed by the Secretary, in coordination
with the National Association of Counties;
(I) 1 member appointed by the Secretary, in coordination
with the United States Conference of Mayors;
(J) 1 member appointed by the Secretary of the Interior, in
coordination with Indian tribes, to represent the interests
of tribal governments; and
(K) 1 member appointed by the Secretary, in coordination
with the National Association of Conservation Districts, to
represent local soil and water conservation districts.
(2) Date of appointment.--The appointment of each member of
the Council shall be made not later than 120 days after the
date of enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--
(A) In general.--Except as provided in subparagraph (B), a
member of the Council shall serve for the life of the
Council.
(B) Exception.--A member of the Council appointed under
subparagraphs (G) through (K) of subsection (b)(1) shall be
appointed for a term of 2 years.
(2) Vacancies.--
(A) In general.--A vacancy on the Council--
(i) shall not affect the powers of the Council; and
(ii) shall be filled in the same manner as the original
appointment was made.
(B) Duration of appointment.--A member appointed to fill a
vacancy occurring before the expiration of the term for which
the predecessor was appointed shall be appointed only for the
remainder of the term.
(d) Meetings.--
(1) In general.--The Council shall meet at the call of the
co-chairs.
(2) Frequency.--The Council shall meet at least
semiannually.
(e) Quorum.--A majority of the members of the Council shall
constitute a quorum, but a lesser number may hold hearings or
conduct other business.
(f) Co-Chairs.--
(1) In general.--There shall be a Federal co-chair and non-
Federal co-chair of the Council.
(2) Appointment.--
(A) Federal co-chair.--The Secretary shall be Federal co-
chair.
(B) Non-federal co-chair.--Every 2 years, the Council
members appointed under subparagraphs (G) through (K) of
subsection (b)(1) shall select a non-Federal co-chair from
among the members appointed under those subparagraphs.
(g) Director.--
(1) In general.--The Director shall serve as Director of
the Council.
(2) Duties.--The Director shall serve the interests of all
members of the Council.
SEC. 102. DUTIES OF THE COUNCIL.
(a) In General.--The Council shall--
(1) not later than 1 year after the date of the first
meeting of the Council, develop a comprehensive National
Drought Policy Action Plan that--
(A)(i) delineates and integrates responsibilities for
activities relating to drought (including drought
preparedness, mitigation, research, risk management,
training, and emergency relief) among Federal agencies; and
(ii) ensures that those activities are coordinated with the
activities of the States, local governments, Indian tribes,
and neighboring countries;
(B) is consistent with--
(i) this Act and other applicable Federal laws; and
(ii) the laws and policies of the States for water
management;
(C) is integrated with drought management programs of the
States, Indian tribes, local governments, watershed groups,
and private entities; and
(D) avoids duplicating Federal, State, tribal, local,
watershed, and private drought preparedness and monitoring
programs in existence on the date of enactment of this Act;
(2) evaluate Federal drought-related programs in existence
on the date of enactment of this Act and make recommendations
to Congress and the President on means of eliminating--
(A) discrepancies between the goals of the programs and
actual service delivery;
(B) duplication among programs; and
(C) any other circumstances that interfere with the
effective operation of the programs;
(3) make recommendations to the President, Congress, and
appropriate Federal Agencies on--
(A) the establishment of common interagency triggers for
authorizing Federal drought mitigation programs; and
(B) improving the consistency and fairness of assistance
among Federal drought relief programs;
(4) coordinate and prioritize specific activities that will
improve the National Integrated Drought System by--
(A) taking into consideration the limited resources for--
(i) drought monitoring, prediction, and research
activities; and
(ii) water supply forecasting; and
(B) providing for the development of an effective drought
information delivery system that--
(i) communicates drought conditions and impacts to--
(I) decisionmakers at the Federal, regional, State, tribal,
and local levels of government;
(II) the private sector; and
(III) the public; and
(ii) includes near-real-time data, information, and
products developed at the Federal, regional, State, tribal,
and local levels of government that reflect regional and
State differences in drought conditions;
(5) encourage and facilitate the development of drought
preparedness plans under subtitle C, including establishing
the guidelines under sections 121(c) and 122(a);
(6) based on a review of drought preparedness plans,
develop and make available to the public drought planning
models to reduce water resource conflicts relating to water
conservation and droughts;
(7) develop and coordinate public awareness activities to
provide the public with access to understandable, and
informative materials on drought, including--
[[Page S9910]]
(A) explanations of the causes of drought, the impacts of
drought, and the damages from drought;
(B) descriptions of the value and benefits of land
stewardship to reduce the impacts of drought and to protect
the environment;
(C) clear instructions for appropriate responses to
drought, including water conservation, water reuse, and
detection and elimination of water leaks;
(D) information on State and local laws applicable to
drought; and
(E) information on the assistance available to resource-
dependent businesses and industries during a drought; and
(8) establish operating procedures for the Council.
(b) Consultation.--In carrying out this section, the
Council shall consult with groups affected by drought
emergencies, including groups that represent--
(1) agricultural production, wildlife, and fishery
interests;
(2) forestry and fire management interests;
(3) the credit community;
(4) rural and urban water associations;
(5) environmental interests;
(6) engineering and construction interests;
(7) the portion of the science community that is concerned
with drought and climatology;
(8) resource-dependent businesses and other private
entities (including the recreation and tourism industries);
and
(9) watershed groups.
(c) Agency roles and responsibilities.--
(1) Designation of lead agencies.--
(A) Department of commerce.--The Department of Commerce
shall be the lead agency for purposes of implementing
subsection (a)(4).
(B) Departments of the Army and the Interior.--The
Department of the Army and the Department of the Interior
shall jointly be the lead agency for purposes of
implementing--
(i) paragraphs (5) and (6) of section subsection (a); and
(ii) section 122.
(C) Department of Agriculture.--The Department of
Agriculture, in cooperation with the lead agencies designated
under subparagraphs (A) and (B), shall be the lead agency for
purposes of implementing section 121.
(2) Cooperation from other federal agencies.--The head of
each Federal agency shall cooperate as appropriate with the
lead agencies in carrying out any duties under this Act.
(d) Reports to Congress.--
(1) Annual report.--
(A) In general.--Not later than 1 year after the date of
the first meeting of the Council, and annually thereafter,
the Council shall submit to Congress a report on the
activities carried out under this title.
(B) Inclusions.--
(i) In general.--The annual report shall include a summary
of drought preparedness plans completed under sections 123
through 125.
(ii) Initial report.--The initial report submitted under
subparagraph (A) shall include any recommendations of the
Council under paragraph (2) or (3) of subsection (a).
(2) Final report.--Not later than 7 years after the date of
enactment of this Act, the Council shall submit to Congress a
report that recommends--
(A) amendments to this Act; and
(B) whether the Council should continue.
SEC. 103. POWERS OF THE COUNCIL.
(a) Hearings.--The Council may hold hearings, meet and act
at any time and place, take any testimony and receive any
evidence that the Council considers advisable to carry out
this title.
(b) Information From Federal Agencies.--
(1) In general.--The Council may obtain directly from any
Federal agency any information that the Council considers
necessary to carry out this title.
(2) Provision of information.--
(A) In general.--Except as provided in subparagraph (B), on
request of the Secretary or the non-Federal co-chair, the
head of a Federal agency may provide information to the
Council.
(B) Limitation.--The head of a Federal agency shall not
provide any information to the Council that the Federal
agency head determines the disclosure of which may cause harm
to national security interests.
(c) Postal Services.--The Council may use the United States
mail in the same manner and under the same conditions as
other agencies of the Federal Government.
(d) Gifts.--The Council may accept, use, and dispose of
gifts or donations of services or property.
(e) Federal Facilities.--If the Council proposes the use of
a Federal facility for the purposes of carrying out this
title, the Council shall solicit and consider the input of
the Federal agency with jurisdiction over the facility.
SEC. 104. COUNCIL PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Council who is
not an officer or employee of the Federal Government shall
serve without compensation.
(2) Federal employees.--A member of the Council who is an
officer or employee of the United States shall serve without
compensation in addition to the compensation received for
services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member of the Council shall be
allowed travel expenses at rates authorized for an employee
of an agency under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or regular place
of business of the member in the performance of the duties of
the Council.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $2,000,000 for each of fiscal years 2004 through 2011.
SEC. 106. TERMINATION OF COUNCIL.
The Council shall terminate 8 years after the date of
enactment of this Act.
Subtitle B--National Office of Drought Preparedness
SEC. 111. ESTABLISHMENT.
The Secretary shall establish an office to be known as the
``National Office of Drought Preparedness'', which shall be
under the jurisdiction of the Under Secretary, to provide
assistance to the Council in carrying out this title.
SEC. 112. DIRECTOR OF THE OFFICE.
(a) Appointment.--
(1) In general.--The Under Secretary shall appoint a
Director of the Office under sections 3371 through 3375 of
title 5, United States Code.
(2) Qualifications.--The Director shall be a person who has
experience in--
(A) public administration; and
(B) drought mitigation or drought management.
(b) Powers.--The Director may hire such other additional
personnel or contract for services with other entities as
necessary to carry out the duties of the Office.
SEC. 113. OFFICE STAFF.
(a) In General.--The Office shall have at least 5 full-time
staff, including the detailees detailed under subsection
(b)(1).
(b) Detailees.--
(1) Required detailees.--There shall be detailed to the
Office, on a nonreimbursable basis--
(A) by the Director of the Federal Emergency Management
Agency, 1 employee of the Federal Emergency Management Agency
with expertise in emergency planning;
(B) by the Secretary of Commerce, 1 employee of the
Department of Commerce with experience in drought monitoring;
(C) by the Secretary of the Interior, 1 employee of the
Bureau of Reclamation with experience in water planning; and
(D) by the Secretary of the Army, 1 employee of the Army
Corps of Engineers with experience in water planning.
(2) Additional detailees.--
(A) In general.--In addition to any employees detailed
under paragraph (1), any other employees of the Federal
Government may be detailed to the Office.
(B) Reimbursement.--An employee detailed under subparagraph
(A) shall be detailed without reimbursement, unless the
Secretary, on the recommendation of the Director, determines
that reimbursement is appropriate.
(3) Civil service status.--The detail of an employee under
paragraph (1) or (2) shall be without interruption or loss of
civil service status or privilege.
Subtitle C--Drought Preparedness Plans
SEC. 121. DROUGHT ASSISTANCE FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Drought
Assistance Fund''.
(b) Purpose.--The Fund shall be used to pay the costs of--
(1) providing technical and financial assistance (including
grants and cooperative assistance) to States, Indian tribes,
local governments, watershed groups, and critical service
providers for the development and implementation of drought
preparedness plans under sections 123 through 125;
(2) providing to States, Indian tribes, local governments,
watershed groups, and critical service providers the Federal
share, as determined by the Secretary, in consultation with
the other members of the Council, of the cost of mitigating
the overall risk and impacts of droughts;
(3) assisting States, Indian tribes, local governments,
watershed groups, and critical service providers in the
development of mitigation measures to address environmental,
economic, and human health and safety issues relating to
drought;
(4) expanding the technology transfer of drought and water
conservation strategies and innovative water supply
techniques;
(5) developing post-drought evaluations and
recommendations; and
(6) supplementing, if necessary, the costs of implementing
actions under section 102(a)(4).
(c) Guidelines.--
(1) In general.--The Secretary, in consultation with the
non-Federal co-chair and with the concurrence of the Council,
shall promulgate guidelines to implement this section.
(2) General requirements.--The guidelines shall--
(A) ensure the distribution of amounts from the Fund within
a reasonable period of time;
(B) take into consideration regional differences;
(C) take into consideration all impacts of drought in a
balanced manner;
(D) prohibit the use of amounts from the Fund for Federal
salaries that are not directly related to the provision of
drought assistance;
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(E) require that amounts from the Fund provided to States,
local governments, watershed groups, and critical service
providers under subsection (b)(1) be coordinated with and
managed by the State in which the local governments,
watershed groups, or critical service providers are located,
consistent with the drought preparedness priorities and
relevant water management plans in the State;
(F) require that amounts from the Fund provided to Indian
tribes under subsection (b)(1) be used to implement plans
that are, to the maximum extent practicable--
(i) coordinated with any State in which land of the Indian
tribe is located; and
(ii) consistent with existing drought preparedness and
water management plans of the State; and
(G) require that a State, Indian tribe, local government,
watershed group, or critical service provider that receives
Federal funds under paragraph (2) or (3) of subsection (b)
pay, using amounts made available through non-Federal grants,
cash donations made by non-Federal persons or entities, or
any other non-Federal funds, not less than 25 percent of the
total cost of carrying out a project for which Federal funds
are provided under this Act.
(3) Special requirements applicable to interstate
watersheds.--
(A) Development of drought preparedness plans.--The
guidelines promulgated under paragraph (1) shall require
that, to receive financial assistance under subsection (b)(1)
for the development of drought preparedness plans for
interstate watersheds, the States or Indian tribes in which
the interstate watershed is located shall--
(i) cooperate in the development of the plan; and
(ii) in developing the plan--
(I) ensure that the plan is consistent with any applicable
State and tribal water laws, policies, and agreements;
(II) ensure that the plan is consistent and coordinated
with any interstate stream compacts;
(III) include the participation of any appropriate
watershed groups; and
(IV) recognize that while implementation of the plan will
involve further coordination among the appropriate States and
Indian tribes, each State and Indian tribe has sole
jurisdiction over implementation of the portion of the
watershed within the State or tribal boundaries.
(B) Implementation of drought preparedness plans.--The
guidelines promulgated under paragraph (1) shall require
that, to receive financial assistance under subsection (b)(1)
for the implementation of drought preparedness plans for
interstate watersheds, the States or Indian tribes in which
the interstate watershed is located shall, to the maximum
extent practicable--
(i) cooperate in implementing the plan;
(ii) in implementing the plan--
(I) provide that the distribution of funds to all States
and Indian tribes in which the watershed is located is not
required; and
(II) consider the level of impact within the watershed on
the affected States or Indian tribes; and
(iii) ensure that implementation of the plan does not
interfere with State water rights in existence on the date of
enactment of this Act.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Fund such sums as are necessary to
carry out subsection (b).
SEC. 122. DROUGHT PREPAREDNESS PLANS.
(a) In General.--The Secretary of the Interior and the
Secretary of the Army shall, with the concurrence of the
Council, jointly promulgate guidelines for administering a
national program to provide technical and financial
assistance to States, Indian tribes, local governments,
watershed groups, and critical service providers for the
development, maintenance, and implementation of drought
preparedness plans.
(b) Requirements.--To build on the experience and avoid
duplication of efforts of Federal, State, local, tribal, and
regional drought plans in existence on the date of enactment
of this Act, the guidelines may recognize and incorporate
those plans.
SEC. 123. FEDERAL PLANS.
(a) In General.--The Secretary, the Secretary of the
Interior, the Secretary of the Army, and other appropriate
Federal agency heads shall develop and implement Federal
drought preparedness plans for agencies under the
jurisdiction of the appropriate Federal agency head.
(b) Requirements.--The Federal plans--
(1) shall be integrated with each other;
(2) may be included as components of other Federal planning
requirements;
(3) shall be integrated with drought preparedness plans of
State, tribal, and local governments that are affected by
Federal projects and programs; and
(4) shall be completed not later than 2 years after the
date of enactment of this Act.
SEC. 124. STATE AND TRIBAL PLANS.
States and Indian tribes may develop and implement State
and tribal drought preparedness plans that--
(1) address monitoring of resource conditions that are
related to drought;
(2) identify areas that are at a high risk for drought;
(3) describes mitigation strategies to address and reduce
the vulnerability of an area to drought; and
(4) are integrated with State, tribal, and local water
plans in existence on the date of enactment of this Act.
SEC. 125. REGIONAL AND LOCAL PLANS.
Local governments, watershed groups, and regional water
providers may develop and implement drought preparedness
plans that--
(1) address monitoring of resource conditions that are
related to drought;
(2) identify areas that are at a high risk for drought;
(3) describe mitigation strategies to address and reduce
the vulnerability of an area to drought; and
(4) are integrated with corresponding State plans.
SEC. 126. PLAN ELEMENTS.
The drought preparedness plans developed under sections 123
through 125--
(1) shall be consistent with Federal and State laws,
contracts, and policies;
(2) shall allow each State to continue to manage water and
wildlife in the State;
(3) shall address the health, safety, and economic
interests of those persons directly affected by drought;
(4) shall address the economic impact on resource-dependent
businesses and industries, including regional tourism;
(5) may include--
(A) provisions for water management strategies to be used
during various drought or water shortage thresholds,
consistent with State water law;
(B) provisions to address key issues relating to drought
(including public health, safety, economic factors, and
environmental issues such as water quality, water quantity,
protection of threatened and endangered species, and fire
management);
(C) provisions that allow for public participation in the
development, adoption, and implementation of drought plans;
(D) provisions for periodic drought exercises, revisions,
and updates;
(E) a hydrologic characterization study to determine how
water is being used during times of normal water supply
availability to anticipate the types of drought mitigation
actions that would most effectively improve water management
during a drought;
(F) drought triggers;
(G) specific implementation actions for droughts;
(H) a water shortage allocation plan, consistent with State
water law; and
(I) comprehensive insurance and financial strategies to
manage the risks and financial impacts of droughts; and
(6) shall take into consideration--
(A) the financial impact of the plan on the ability of the
utilities to ensure rate stability and revenue stream; and
(B) economic impacts from water shortages.
TITLE II--WILDFIRE SUPPRESSION
SEC. 201. GRANTS FOR PREPOSITIONING WILDFIRE SUPPRESSION
RESOURCES.
Title II of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended
by adding at the end the following:
``SEC. 205. GRANTS FOR PREPOSITIONING WILDFIRE SUPPRESSION
RESOURCES.
``(a) Findings and Purpose.--
``(1) Findings.--Congress finds that--
``(A) droughts increase the risk of catastrophic wildfires
that--
``(i) drastically alter and otherwise adversely affect the
landscape for communities and the environment;
``(ii) because of the potential of such wildfires to
overwhelm State wildfire suppression resources, require a
coordinated response among States, Federal agencies, and
neighboring countries; and
``(iii) result in billions of dollars in losses each year;
``(B) the Federal Government must, to the maximum extent
practicable, prevent and suppress such catastrophic wildfires
to protect human life and property;
``(C) not taking into account State, local, and private
wildfire suppression costs, during the period of 1996 through
2000, the Federal Government expended over $630,000,000 per
year for wildfire suppression costs;
``(D) in 2002, the Federal Government expended
$1,600,000,000 for wildfire suppression;
``(E) it is more cost-effective to prevent wildfires by
prepositioning wildfire fighting resources to catch flare-ups
than to commit millions of dollars to respond to large
uncontrollable fires; and
``(F) it is in the best interest of the United States to
invest in catastrophic wildfire prevention and mitigation by
easing the financial burden of prepositioning wildfire
suppression resources.
``(2) Purpose.--The purpose of this section is to encourage
the mitigation and prevention of wildfires by providing
financial assistance to States for prepositioning of wildfire
suppression resources.
``(b) Authorization.--Subject to the availability of funds,
the Director of the Federal Emergency Management Agency
(referred to in this section as the `Director') shall
reimburse a State for the cost of prepositioning wildfire
suppression resources on potential multiple and large fire
complexes when the Director determines, in accordance with
national and regional severity indices of the Forest Service,
that a wildfire event poses a threat to life and property in
the area.
``(c) Eligibility.--Wildfire suppression resources of the
Federal Government, neighboring countries, and any State
other than the State requesting assistance are eligible for
reimbursement under this section.
``(d) Reimbursement.--
``(1) In general.--The Director may reimburse a State for
the costs of prepositioning
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of wildfire suppression resources of the entities specified
in subsection (c), including mobilization to, and
demobilization from, the staging or prepositioning area.
``(2) Requirements.--For a State to receive reimbursement
under paragraph (1)--
``(A) any resource provided by an entity specified in
subsection (c) shall have been specifically requested by the
State seeking reimbursement; and
``(B) staging or prepositioning costs--
``(i) shall be expended during the approved prepositioning
period; and
``(ii) shall be reasonable.''.
Mr. BAUCUS. Mr. President, this year will mark the 7th year of
drought for some parts of Montana
The current drought has been disastrous, not only to agriculture
producers, but also to the surrounding rural communities. When
producers are hurting, everyone in that region huts. Main streets, die,
schools close, and rural towns dry up.
The economic costs are immeasurable, but the social costs are also
substantial. Domestic abuse increases; suicide rates rise; People's
lives are turned upside down. Drought is not something we can ignore.
In Montana, agriculture accounts for over half of our economy. It's
our backbone--both economically and socially. We can not ignore the
drought.
According to the National Drought Monitor, nearly one-third of the
United States is currently experiencing ``moderate'' to ``exceptional'
drought. Nearly one-third of the United States is experiencing the
devastating effects of drought.
Yet despite the colossal economic and social costs of drought, we do
not have a national drought policy.
The last prolonged drought of substantial magnitude in the United
States was during the 1930s. While not all of us were around during
this time, we have all heard about the dust bowl years. The drought
coincided with an economic downturn and rural areas were devastated.
Banks closed, schools closed, main streets disappeared. Millions of
people migrated to urban areas.
The effects of the current drought are frighteningly similar. We are
experiencing an economic downturn, schools are closing, main streets
are disappearing.
Following the dustbowl years, the Federal Government enacted the
first proactive response to drought with the creation of the Soil
Conservation Service--now the Natural Resources Conservation Service--
to stress soil conservation measures. It's time to expand this
proactive approach and create a national drought policy.
We need a national drought policy and we need it now.
I am pleased to introduce the National Drought Preparedness Act with
my colleague Senator Domenici of New Mexico.
The National Drought Preparedness Act accomplishes four main
objectives. This bill: (1) creates a national policy for drought, (2)
improves the delivery of Federal drought programs, (3) provides new
tools for drought preparedness planning, and (4) improves drought
forecasting and monitoring.
We have waited too long for this bill. Drought is occurring now and
it will occur again. It's time to create a proactive, preparedness
approach to drought and this bill will do just that.
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