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, co-
ordinated Federal policy designed to prepare for and
respond to serious drought emergencies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Drought Pol-
icy Act of 1998’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the United States often suffers serious eco-
nomic and environmental losses from severe regional
droughts and there is no coordinated Federal strat-
egy to respond to such emergencies;
(2) at the Federal level, even though historically
there have been frequent, significant droughts of na-
tional 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, mitiga-
tion, 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 com-
mission to be known as the National Drought Policy Com-
mission (hereinafter in this Act referred to as the ‘‘Com-
mission’’).
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be
composed of 16 members. The members of the Com-
mission 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 des-
ignee 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 Di-
rector;
(F) the Administrator of the Small Busi-
ness Administration, or the designee of the Ad-
ministrator;
(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 Sec-
retary 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 asso-
ciations, Native Americans, and fishing and en-
vironmental 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.—Mem-
bers 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 appoint-
ment.
(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 meet-
ing.
(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 num-
ber of members may hold hearings.
(g) VICE CHAIR.—The Commission shall select a vice
chair from among the members who are not Federal offi-
cers 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 conduct-
ing 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 pro-
grams relating to drought;
(3) review State, local, and tribal laws and pro-
grams relating to drought that the Commission finds
pertinent;
(4) determine what differences exist between
the needs of those affected by drought and the Fed-
eral laws and programs designed to mitigate the im-
pacts of and respond to drought;
(5) collaborate with the Western Drought Co-
ordination 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 im-
pacts of and respond to drought emergencies without
diminishing the rights of States to control water
through State law and considering the need for pro-
tection of the environment;
(7) make recommendations on improving public
awareness of the need for drought mitigation, pre-
vention, and response and on developing a coordi-
nated 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 state-
ment of the findings and conclusions of the Commis-
sion, together with its recommendations for such leg-
islation and administrative actions as it considers
appropriate.
(2) APPROVAL OF REPORT.—Before submission
of the report, the contents of the report shall be ap-
proved 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 re-
port.
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 depart-
ment or agency such information as the Commission con-
siders 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 informa-
tion 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 com-
pensation in addition to that received for their services as
officers or employees of the United States.
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees 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.