H.R. 3035 As finally approved by the House and Senate (Enrolled)

H.R. 3035 As finally approved by the House and Senate (Enrolled)

H. R. 3035

One Hundred Fifth Congress

of the

United States of America

A T T H E S E C O N D S E S S I O N

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;

(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.

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.

(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.

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.

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.

Page last updated 10/10/1999