[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3035 Engrossed in House (EH)]


  2d Session

                               H. R. 3035

_______________________________________________________________________

                                 AN ACT

       To establish an advisory commission to provide advice and 
 recommendations on the creation of an integrated, coordinated Federal 
     policy designed to prepare for and respond to serious drought 
                              emergencies.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 3035

_______________________________________________________________________

                                 AN ACT


 
       To establish an advisory commission to provide advice and 
 recommendations on the creation of an integrated, coordinated Federal 
     policy designed to prepare for and respond to serious drought 
                              emergencies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Drought Policy Act of 
1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States often suffers serious economic and 
        environmental losses from severe regional droughts and there is 
        no coordinated Federal strategy to respond to such emergencies;
            (2) at the Federal level, even though historically there 
        have been frequent, significant droughts of national 
        consequences, drought is addressed mainly through special 
        legislation and ad hoc action rather than through a systematic 
        and permanent process as occurs with other natural disasters;
            (3) there is an increasing need, particularly at the 
        Federal level, to emphasize preparedness, mitigation, and risk 
        management (rather than simply crisis management) when 
        addressing drought and other natural disasters or emergencies;
            (4) several Federal agencies have a role in drought from 
        predicting, forecasting, and monitoring of drought conditions 
        to the provision of planning, technical, and financial 
        assistance;
            (5) there is no single Federal agency in a lead or 
        coordinating role with regard to drought;
            (6) State, local, and tribal governments have had to deal 
        individually and separately with each Federal agency involved 
        in drought assistance; and
            (7) the President should appoint an advisory commission to 
        provide advice and recommendations on the creation of an 
        integrated, coordinated Federal policy designed to prepare for, 
        mitigate the impacts of, respond to, and recover from serious 
        drought emergencies.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the National Drought Policy Commission (hereinafter in this Act 
referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 16 
        members. The members of the Commission shall include--
                    (A) the Secretary of Agriculture, or the designee 
                of the Secretary, who shall chair the Commission;
                    (B) the Secretary of the Interior, or the designee 
                of the Secretary;
                    (C) the Secretary of the Army, or the designee of 
                the Secretary;
                    (D) the Secretary of Commerce, or the designee of 
                the Secretary;
                    (E) the Director of the Federal Emergency 
                Management Agency, or the designee of the Director;
                    (F) the Administrator of the Small Business 
                Administration, or the designee of the Administrator;
                    (G) two persons nominated by the National 
                Governors' Association and appointed by the President, 
                of whom--
                            (i) one shall be the governor of a State 
                        east of the Mississippi River; and
                            (ii) one shall be a governor of a State 
                        west of the Mississippi River;
                    (H) a person nominated by the National Association 
                of Counties and appointed by the President;
                    (I) a person nominated by the United States 
                Conference of Mayors and appointed by the President; 
                and
                    (J) six persons, appointed by the Secretary of 
                Agriculture in coordination with the Secretary of the 
                Interior and the Secretary of the Army, who shall be 
                representative of groups acutely affected by drought 
                emergencies, such as the agricultural production 
                community, the credit community, rural and urban water 
                associations, Native Americans, and fishing and 
                environmental interests.
            (2) Date.--The appointments of the members of the 
        Commission shall be made no later than 60 days after the date 
        of the enactment of this Act.
    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (d) Initial Meeting.--No later than 30 days after the date on which 
all members of the Commission have been appointed, the Commission shall 
hold its first meeting.
    (e) Meetings.--The Commission shall meet at the call of the chair.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Vice Chair.--The Commission shall select a vice chair from 
among the members who are not Federal officers or employees.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Study and Report.--The Commission shall conduct a thorough 
study and submit a report on national drought policy in accordance with 
this section.
    (b) Content of Study and Report.--In conducting the study and 
report, the Commission shall--
            (1) determine, in consultation with the National Drought 
        Mitigation Center in Lincoln, Nebraska, and other appropriate 
        entities, what needs exist on the Federal, State, local, and 
        tribal levels to prepare for and respond to drought 
        emergencies;
            (2) review all existing Federal laws and programs relating 
        to drought;
            (3) review State, local, and tribal laws and programs 
        relating to drought that the Commission finds pertinent;
            (4) determine what differences exist between the needs of 
        those affected by drought and the Federal laws and programs 
        designed to mitigate the impacts of and respond to drought;
            (5) collaborate with the Western Drought Coordination 
        Council and other appropriate entities in order to consider 
        regional drought initiatives and the application of such 
        initiatives at the national level;
            (6) make recommendations on how Federal drought laws and 
        programs can be better integrated with ongoing State, local, 
        and tribal programs into a comprehensive national policy to 
        mitigate the impacts of and respond to drought emergencies 
        without diminishing the rights of States to control water 
        through State law and considering the need for protection of 
        the environment;
            (7) make recommendations on improving public awareness of 
        the need for drought mitigation, prevention, and response and 
        on developing a coordinated approach to drought mitigation, 
        prevention, and response by governmental and nongovernmental 
        entities, including academic, private, and nonprofit interests; 
        and
            (8) include a recommendation on whether all Federal drought 
        preparation and response programs should be consolidated under 
        one existing Federal agency and, if so, identify such agency.
    (c) Submission of Report.--
            (1) In general.--No later than 18 months after the date of 
        the enactment of this Act, the Commission shall submit a report 
        to the President and Congress which shall contain a detailed 
        statement of the findings and conclusions of the Commission, 
        together with its recommendations for such legislation and 
        administrative actions as it considers appropriate.
            (2) Approval of report.--Before submission of the report, 
        the contents of the report shall be approved by unanimous 
        consent or majority vote. If the report is approved by majority 
        vote, members voting not to approve the contents shall be given 
        the opportunity to submit dissenting views with the report.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers necessary to carry out the 
purposes of this Act.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out the provisions of this Act. 
Upon request of the chair of the Commission, the head of such 
department or agency shall furnish such information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall not be 
compensated for service on the Commission, except as provided under 
subsection (b). All members of the Commission who are officers or 
employees of the United States shall serve without compensation in 
addition to that received for their services as officers or employees 
of the United States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (d) Administrative Support.--The Secretary of Agriculture shall 
provide all financial, administrative, and staff support services for 
the Commission.

SEC. 7. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits its report under section 4.

            Passed the House of Representatives June 16, 1998.

            Attest:

                                                                 Clerk.