HR 3495
11-6-07, Bill Passed House 402-8
Placed on Senate Calendar
Calendar No. 478
110th CONGRESS
1st Session
H. R. 3495
IN THE SENATE OF THE UNITED STATES
November 8, 2007
Received; read the first time
November 13, 2007
Read the second time and placed on the calendar
AN ACT
To establish a National Commission on Children and Disasters, and
for other purposes.
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 `Kids in Disasters Well-being, Safety, and Health
Act of 2007'.
SEC. 2. DEFINITION.
In this Act, the terms `child' and `children' mean an individual or individuals,
respectively, who have not attained 18 years of age.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the `National Commission
on Children and Disasters' (referred to in this Act as the `Commission').
SEC. 4. PURPOSES OF COMMISSION.
The purposes of the Commission are to--
(1) conduct a comprehensive study to examine and assess the needs of children
as they relate to preparation for, response to, and recovery from all hazards,
including major disasters and emergencies;
(2) build upon the investigations of other entities and avoid unnecessary
duplication, by reviewing the findings, conclusions, and recommendations
of other commissions, Federal, State, and local governments, or nongovernmental
entities, relating to the needs of children as they relate to preparation
for, response to, and recovery from all hazards, including major disasters
and emergencies; and
(3) submit a report to the President and Congress on specific findings,
conclusions, and recommendations to address the needs of children as they
relate to preparation for, response to, and recovery from all hazards, including
major disasters and emergencies.
SEC. 5. COMPOSITION OF COMMISSION.
(a) Members- The Commission shall be composed of 10 members, of whom--
(1) 1 member shall be appointed by the President;
(2) 1 member, who is of a different political party than that of the member
appointed under paragraph (1), shall be appointed by the President;
(3) 2 members shall be appointed by the majority leader of the Senate;
(4) 2 members shall be appointed by the minority leader of the Senate;
(5) 2 members shall be appointed by the Speaker of the House of Representatives;
and
(6) 2 members shall be appointed by the minority leader of the House of
Representatives.
(b) Chairperson and Vice-Chairperson Selection- The Chairperson and Vice Chairperson
shall be elected from among members of the Commission.
(c) Governmental Appointees- An individual appointed to the Commission may
not be an official or employee of the Federal Government.
(d) Commission Representation- The Commission shall include--
(1) representatives from private nonprofit entities with demonstrated expertise
in addressing the needs of children as they relate to preparation for, response
to, and recovery from all hazards, including major disasters and emergencies;
and
(2) State emergency managers and local emergency managers.
(e) Qualifications- Members appointed under subsection (a) shall include--
(1) individuals involved with providing services to children, including
health, education, housing, and other social services, including grant and
entitlement programs;
(2) individuals with experience in emergency management, including coordination
of resources and services among State and local governments, the Federal
Government, and nongovernmental entities;
(3) individuals with philanthropic experience focused on the needs of children;
(4) individuals with experience in providing donated goods and services,
including personnel services, to meet the needs of children and families
as they relate to preparation for, response to, and recovery from all hazards,
including major disasters and emergencies; and
(5) individuals who have conducted academic research into related issues.
(f) Appointments- All members of the Commission shall be appointed not later
than 90 days after the date of enactment of this Act.
(g) Initial Meeting- The Commission shall meet and begin the operations of
the Commission not later than 120 days after the date of enactment of this
Act.
(1) QUORUM- A majority of the members of the Commission shall constitute
a quorum, but a lesser number of members may hold hearings.
(2) VACANCY- Any vacancy in the Commission shall not affect its powers and
shall be filled in the same manner in which the original appointment was
made.
SEC. 6. DUTIES OF COMMISSION.
(1) conduct a comprehensive study that examines and assesses the needs of
children as they relate to preparation for, response to, and recovery from
all hazards, including major disasters and emergencies, including specific
findings relating to--
(A) children's physical and mental health;
(B) child care, including in private for-profit and nonprofit settings;
(D) elementary and secondary education;
(E) sheltering, temporary housing, and affordable housing;
(G) entitlement and grant programs;
(J) relevant activities in emergency management;
(2) identify, review, and evaluate existing law relevant to the needs of
children as they relate to preparation for, response to, and recovery from
all hazards, including major disasters and emergencies;
(3) identify, review, and evaluate the lessons learned from past disasters
and emergencies relative to addressing the needs of children; and
(4) submit a report to the President and Congress on the Commission's specific
findings, conclusions, and recommendations to address the needs of children
as they relate to preparation for, response to, and recovery from all hazards,
including major disasters and emergencies, including specific recommendations
on the need for planning and establishing a national resource center on
children and disasters, coordination of resources and services, administrative
actions, policies, regulations, financing, and legislative changes as the
Commission considers appropriate.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings- The Commission may hold such hearings, meet and act at such
times and places, and receive such evidence as may be necessary to carry out
the functions of the Commission.
(b) Information From Federal Agencies-
(1) IN GENERAL- The Commission may secure directly from any executive department,
bureau, agency, board, commission, office, independent establishment, or
instrumentality of the Federal Government such information, suggestions,
estimates, and statistics as the Commission considers necessary to carry
out this Act.
(2) PROVISION OF INFORMATION- On request of the Chairperson of the Commission,
each department, bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent authorized by law,
provide the requested information to the Commission.
(3) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION- Information shall only
be received, handled, stored, and disseminated by members of the Commission
and its staff consistent with all applicable statutes, regulations, and
Executive orders.
(c) Assistance From Federal Agencies-
(1) GENERAL SERVICES ADMINISTRATION- On request of the Chairperson of the
Commission, the Administrator of General Services shall provide to the Commission,
on a reimbursable basis, administrative support and other services necessary
for the Commission to carry out its duties.
(2) OTHER DEPARTMENTS AND AGENCIES- In addition to the assistance provided
for under paragraph (1), departments and agencies of the United States may
provide to the Commission such services as they may determine advisable
and as authorized by law.
(d) Contracting- The Commission may enter into contracts to enable the Commission
to discharge its duties under this Act.
(e) Donations- The Commission may accept, use, and dispose of donations of
services or property.
(f) Postal Services- The Commission may use the United States mails in the
same manner and under the same conditions as a department or agency of the
United States.
SEC. 8. STAFF OF COMMISSION.
(a) In General- The Chairperson of the Commission, in consultation with the
Vice Chairperson, in accordance with rules agreed upon by the Commission,
may appoint and fix the compensation of a staff director and such other personnel
as may be necessary to enable the Commission to carry out its functions, in
accordance with the provisions of title 5, United States Code, except that
no rate of pay fixed under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) Staff of Federal Agencies- Upon request of the Chairperson of the Commission,
the head of any executive department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the Federal Government may
detail, without reimbursement, any of its personnel to the Commission to assist
it in carrying out its duties under this Act. Any detail of an employee shall
be without interruption or loss of civil service status or privilege.
(c) Consultant Services- The Commission is authorized to procure the services
of experts and consultants in accordance with section 3109 of title 5, United
States Code, but at rates not to exceed the daily rate paid a person occupying
a position at level IV of the Executive Schedule under section 5315 of title
5, United States Code.
SEC. 9. TRAVEL EXPENSES.
Each member of the Commission shall serve without compensation, but shall
receive travel expenses, including per diem in lieu of subsistence, in accordance
with applicable provisions in the same manner as persons employed intermittently
in the Government service are allowed expenses under section 5703 of title
5, United States Code.
SEC. 10. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.
The provisions of the Federal Advisory Committee Act shall apply to the Commission,
including the staff of the Commission.
SEC. 11. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Report- Not later than December 31, 2008, the Commission shall
submit to the President and Congress an interim report containing specific
findings, conclusions, and recommendations required under this Act as have
been agreed to by a majority of Commission members.
(b) Final Report- Not later than 24 months after the date of the enactment
of this Act, the Commission shall submit to the President and Congress a final
report containing specific findings, conclusions, and recommendations required
under this Act as have been agreed to by a majority of Commission members.
(1) IN GENERAL- The Commission, and all the authorities of this Act, shall
terminate 180 days after the date on which the final report is submitted
under subsection (b).
(2) RECORDS- Not later than the date of termination of the Commission under
paragraph (1), all records and papers of the Commission shall be delivered
to the Archivist of the United States for deposit in the National Archives.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act, $2,000,000 for
each of fiscal years 2008 and 2009.
Passed the House of Representatives November 6, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 478
110th CONGRESS
1st Session
H. R. 3495
AN ACT
To establish a National Commission on Children and Disasters, and for other
purposes.
November 13, 2007
Read the second time and placed on the calendar
END
