[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3495 Placed on Calendar Senate (PCS)]
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.
(h) Quorum and Vacancy.--
(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.
The Commission shall--
(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;
(C) child welfare;
(D) elementary and secondary education;
(E) sheltering, temporary housing, and affordable
housing;
(F) transportation;
(G) entitlement and grant programs;
(H) juvenile justice;
(I) evacuation; and
(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.
(c) Termination.--
(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