[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;

[[Page S9911]]

       (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

[[Page S9912]]

     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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