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 emer-
gencies;
(2) at the Federal level, even though historically there
have been frequent, significant droughts of national con-
sequences, drought is addressed mainly through special legisla-
tion 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 manage-
ment (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 coordinat-
ing 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.—
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(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 Adminis-
tration, 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 Agri-
culture 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 thor-
ough 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
H. R. 3035—3
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 initia-
tives 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 non-
governmental entities, including academic, private, and non-
profit interests; and
(8) include a recommendation on whether all Federal
drought preparation and response programs should be consoli-
dated 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 legis-
lation 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 Commis-
sion, the head of such department or agency shall furnish such
information to the Commission.
H. R. 3035—4
(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 Commis-
sion 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 Govern-
ment 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.