[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3035 Enrolled Bill (ENR)]

        H.R.3035

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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 (hereafter 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, and prevention; and response 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.