[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 222 Reported in Senate (RS)]





                                                       Calendar No. 281

105th CONGRESS

  1st Session

                                 S. 222

                          [Report No. 105-144]

_______________________________________________________________________

                                 A BILL

       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.

_______________________________________________________________________

                            November 7, 1997

                       Reported with an amendment





                                                       Calendar No. 281
105th CONGRESS
  1st Session
                                 S. 222

                          [Report No. 105-144]

       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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 1997

Mr. Domenici (for himself, Mr. Bingaman, Mr. Cochran, Mr. Grassley, Mr. 
     Campbell, Mr. Craig, Mr. Dorgan, Mr. Johnson, and Mr. Kerrey) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

                            November 7, 1997

              Reported by Mr. Thompson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
       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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as ``The National Drought Policy Act 
of 1997.''</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    The Congress finds that, although the United States often 
suffers serious economic and environmental losses from severe regional 
droughts, there currently exists no coordinated Federal strategy to 
respond to these emergencies. At the Federal level, even though there 
have historically 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. 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. There has never been one single 
agency in a lead or coordinating role with regard to drought. As a 
result, the State, local, and tribal governments have had to deal 
individually and separately with each Federal agency involved. 
Therefore, the Congress further finds that 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 and respond to serious drought emergencies.</DELETED>

<DELETED>SEC. 3. COMMISSION.</DELETED>

<DELETED>    (a) The President shall appoint an advisory commission to 
provide recommendations on a national drought policy. The Commission 
shall report its recommendations to the President and to the Committee 
on Governmental Affairs in the Senate and the Committee on Government 
Reform and Oversight in the House of Representatives within one year 
from the date of enactment of this Act.</DELETED>
<DELETED>    (b) The members of the Commission shall include:</DELETED>
        <DELETED>    (1) The Secretary of Agriculture, or his designee, 
        who shall serve as Chairman of the Commission;</DELETED>
        <DELETED>    (2) The Secretary of the Interior, or his 
        designee;</DELETED>
        <DELETED>    (3) The Secretary of the Army, or his 
        designee;</DELETED>
        <DELETED>    (4) The Secretary of the Commerce, or his 
        designee;</DELETED>
        <DELETED>    (5) The Director of the Federal Emergency 
        Management Agency, or his designee;</DELETED>
        <DELETED>    (6) The Administrator of the Small Business 
        Administration, or his designee;</DELETED>
        <DELETED>    (7) A person nominated by the National Governors' 
        Association;</DELETED>
        <DELETED>    (8) A person nominated by the United States 
        Conference of Mayors; and</DELETED>
        <DELETED>    (9) Four persons representative of groups acutely 
        affected by drought emergencies, such as the agricultural 
        production community, the credit community, rural water 
        associations, and Native Americans. These members shall be 
        chosen by the Chairman of the Commission.</DELETED>
<DELETED>    (c) In developing its report, the Commission 
shall:</DELETED>
        <DELETED>    (1) Determine what needs exist on the Federal, 
        State, local, and tribal levels to prepare for and respond to 
        drought emergencies.</DELETED>
        <DELETED>    (2) Review all existing Federal laws and programs 
        relating to drought.</DELETED>
        <DELETED>    (3) Review those State, local, and tribal laws and 
        programs relating to drought the Commission finds 
        pertinent.</DELETED>
        <DELETED>    (4) Determine what gaps 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.</DELETED>
        <DELETED>    (5) 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. The report shall include a recommendation on 
        whether all Federal drought preparation and response programs 
        should be consolidated under one existing Federal agency and, 
        if so, the report shall identify such agency.</DELETED>
<DELETED>    (d) Any vacancy on the Commission shall be filled in the 
such manner as the original appointment. Members of the Commission 
shall serve without compensation but shall be reimbursed for travel, 
subsistence, and other necessary expenses incurred by them in the 
performance of their duties. The Secretary of Agriculture shall provide 
all financial, administrative, and staffing requirements for the 
Commission, including office space, furnishings, and equipment. The 
heads of other Federal agencies are authorized, at the request of the 
Commission, to provide such information or personnel, to the extent 
permitted by law and within the limits of available funds, to the 
Commission as may be useful to accomplish the purposes of this 
section.</DELETED>
<DELETED>    (e) The Commission may hold such hearings, and sit and act 
at such times and places, as it deems advisable. The Commission is 
authorized to use the United States mail in the same manner and upon 
the same conditions as other departments and agencies of the United 
States.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Drought Policy Act of 
1997''.

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) 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;
            (4) there has never been one single Federal agency in a 
        lead or coordinating role with regard to drought;
            (5) the State, local, and tribal governments have had to 
        deal individually and separately with each Federal agency 
        involved in drought assistance; and
            (6) 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 
        and respond to 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 14 
        members. The members of the Commission shall include--
                    (A) the Secretary of Agriculture, or the designee 
                of the Secretary, who shall serve as Chairperson of 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) four persons appointed by the Secretary of 
                Agriculture who shall be representative of groups 
                acutely affected by drought emergencies, such as the 
                agricultural production community, the credit 
                community, rural water associations, and Native 
                Americans.
            (2) Date.--The appointments of the members of the 
        Commission shall be made no later than 60 days after the date 
        of 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 
Chairperson.
    (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 Chairperson.--The Commission shall select a Vice 
Chairperson 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, as provided under 
subsection (c).
    (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, 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 those State, local, and tribal laws and programs 
        relating to drought 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 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
            (7) 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 
        enactment of this Act, the Commission shall submit a report to 
        the President and the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Reform and Oversight of 
        the House of Representatives 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 Chairperson 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.