[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3495 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3495

    To establish a National Commission on Children and Disasters, a 
   National Resource Center on Children and Disasters, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2007

 Ms. Corrine Brown of Florida introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To establish a National Commission on Children and Disasters, a 
   National Resource Center 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.

         TITLE I--NATIONAL COMMISSION ON CHILDREN AND DISASTERS

SEC. 101. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission on Children and Disasters (in this title referred to as the 
``Commission'').

SEC. 102. PURPOSES OF COMMISSION.

    The purposes of the Commission are to--
            (1) examine, assess, and report upon the facts and causes 
        relating to the needs of children before, during, and after all 
        hazards, disasters, and emergencies;
            (2) build upon the investigations of other entities and 
        avoid unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of other executive branch, 
        congressional, or independent commissions, or nongovernmental 
        entities, relating to the needs of children before, during, and 
        after all hazards, disasters, and emergencies, including 
        Hurricane Katrina and the terrorist attacks of September 11, 
        2001; and
            (3) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations for corrective 
        measures that can be taken to address fully the needs of 
        children before, during, and after all hazards, disasters, and 
        emergencies.

SEC. 103. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) 1 member shall be appointed by the President, by and 
        with the advice and consent of the Senate, and shall serve as 
        the chairperson;
            (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, by and with the advice and consent 
        of the Senate, and shall serve as vice chairperson;
            (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) Political Party Affiliation.--Not more than 5 members of the 
Commission shall be from the same political party.
    (c) Governmental Appointees.--An individual appointed to the 
Commission may not be an elected official of the Federal Government or 
any State or local government.
    (d) Private Nonprofit Representation.--At least a majority of the 
members of the Commission shall be from private nonprofit entities with 
a demonstrated engagement in addressing the needs of children before, 
during, and after all hazards, disasters, and emergencies.
    (e) Member Expertise.--Each of the following areas of primary 
expertise must be represented by at least one member of the Commission:
            (1) Child physical and mental health services and delivery 
        systems.
            (2) Child welfare services and delivery systems.
            (3) Affordable housing services relevant to children, 
        youth, and families.
            (4) Elementary and secondary education services.
            (5) Public finance mechanisms relevant to children, youth, 
        and families.
            (6) Emergency mitigation, preparedness, response and 
        recovery activities relevant to children.
            (7) Philanthropy focused on the needs of children.
            (8) Private enterprise, including experience in donating 
        goods, services, or personnel to meet the needs of children and 
        families after a major disaster.
    (f) Deadline for Appointment.--All members of the Commission shall 
be appointed not later than 60 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 90 days after the date of 
enactment of this Act.
    (h) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet at the call of the chairperson or a majority of the members 
of the Commission. Six members of the Commission shall constitute a 
quorum for purposes of conducting business. 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. 104. FUNCTIONS OF THE COMMISSION.

    The Commission shall--
            (1) conduct an investigation that--
                    (A) examines and assesses relevant facts and causes 
                relating to the needs of children before, during, and 
                after all hazards, disasters, and emergencies; and
                    (B) includes relevant facts and causes relating to 
                the needs of--
                            (i) children's health and mental health, 
                        including emergency care, critical care, trauma 
                        care, infectious diseases, and psychosocial 
                        support in a variety of settings including pre-
                        hospital settings;
                            (ii) child care, including in private for-
                        profit and nonprofit settings;
                            (iii) child welfare;
                            (iv) elementary and secondary education;
                            (v) affordable housing;
                            (vi) transportation;
                            (vii) public finance mechanisms;
                            (viii) juvenile justice; and
                            (ix) relevant activities in emergency 
                        mitigation, preparedness, response, and 
                        recovery;
            (2) identify, review and evaluate existing law relevant to 
        the needs of children before, during, and after all hazards, 
        disasters, and emergencies;
            (3) identify, review, and evaluate the lessons learned from 
        Hurricanes Katrina and Rita, the terrorist attacks of September 
        11, 2001, and any other relevant disaster of the past 10 years 
        which the Commission chooses to analyze, regarding the 
        mitigation, preparedness, response, recovery, coordination, and 
        service delivery policies of the Federal Government, and, where 
        applicable, State and local governments and nongovernmental 
        entities, relative to addressing fully the needs of children 
        before, during, and after all hazards, disasters, and 
        emergencies; and
            (4) submit to the President and Congress such reports as 
        required by this title containing such findings, conclusions, 
        and recommendations for corrective measures as the Commission 
        shall determine appropriate, including proposing organization, 
        planning, coordination, management, and financial policies, 
        arrangements, procedures, rules, and regulations.

SEC. 105. POWERS OF THE COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this title--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, and administer such oaths as may be necessary 
                to carry out the functions of the Commission; and
                    (B) subject to paragraph (2)(A), require, by 
                subpoena or otherwise, the attendance and testimony of 
                such witnesses and the production of such books, 
                records, correspondence, memoranda, papers, and 
                documents, as the Commission or such designated 
                subcommittee or designated member may determine 
                appropriate.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the agreement of the 
                                chairperson and the vice chairperson; 
                                or
                                    (II) by the affirmative vote of 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas may be issued under this subsection 
                        under the signature of the chairperson or any 
                        member designated by a majority of the 
                        Commission, and may be served by any 
                        individuals designated by the chairperson or by 
                        a member designated by a majority of the 
                        Commission.
                    (B) Enforcement.--In the case of contumacy or 
                failure to obey a subpoena issued under subparagraph 
                (A), the United States district court for the judicial 
                district in which the subpoenaed individual resides, is 
                served, or may be found, or where the subpoena is 
                returnable, may issue an order requiring such 
                individual to appear at any designated place to testify 
                or to produce documentary evidence. Any failure to obey 
                the order of the court may be punished by the court as 
                a contempt of that court.
            (3) Witness allowances and fees.--
                    (A) In general.--Section 1821 of title 28, United 
                States Code, shall apply to a witness requested or 
                subpoenaed to appear at a hearing of the Commission.
                    (B) Expenses.--The per diem and mileage allowances 
                for a witness shall be paid from funds available to pay 
                the expenses of the Commission.
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this title.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Federal Government, information, 
        suggestions, estimates, and statistics for the purposes of this 
        title. Each department, bureau, agency, board, commission, 
        office, independent establishment, or instrumentality shall, to 
        the extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairperson, the 
        chairperson of any subcommittee created by the Commission, or 
        any member designated by a majority of the Commission.
            (2) 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.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (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 may be 
        authorized by law.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
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 departments 
and agencies of the United States.

SEC. 106. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--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.
            (2) Personnel as federal employees.--
                    (A) In general.--The provisions of the Federal 
                Advisory Committee Act (5 U.S.C. App) shall apply to 
                the staff director and any personnel of the Commission.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges or his or her 
regular employment without interruption.
    (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. 107. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated 
at a rate not to exceed the daily equivalent of the annual rate of 
basic pay in effect for a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day during which that member is engaged in the actual performance of 
the duties of the Commission.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.

SEC. 108. REPORTS OF THE COMMISSION; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (b) Final Report.--Not later than 16 months after the date of the 
enactment of this Act, the Commission shall submit to the President and 
Congress a final report containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this title, shall terminate 60 days after the date on which the 
        final report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating its final report.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title, 
$2,000,000 for each of fiscal years 2008 and 2009.

      TITLE II--NATIONAL RESOURCE CENTER ON CHILDREN AND DISASTERS

SEC. 201. ESTABLISHMENT OF RESOURCE CENTER.

    The Secretary of Health and Human Services (in this title referred 
to as the ``Secretary'') shall establish a National Resource Center on 
Children and Disasters (in this title referred to as the ``Center'').

SEC. 202. PURPOSE OF THE CENTER.

    The Center shall provide resource information to Federal, State, 
local, and tribal governments, as well as to other nongovernmental 
entities, on issues relating to the needs of children before, during, 
and after all hazards, disasters, and emergencies.

SEC. 203. FUNCTIONS OF THE CENTER.

    The Center shall--
            (1) establish a clearinghouse to collect, maintain, 
        disseminate, and, where appropriate, develop information, 
        networks, and resources on issues relating to the needs of 
        children before, during, and after all hazards, disasters, and 
        emergencies, including child health, child care, child welfare, 
        elementary and secondary education, affordable housing, 
        transportation, public finance mechanisms, and relevant 
        activities in emergency mitigation, preparedness, response, and 
        recovery; and
            (2) develop and maintain a website and related systems for 
        disseminating information on issues described in paragraph (1).

SEC. 204. COLLABORATION AND COORDINATION.

    (a) Collaboration.--In carrying out this section, the Secretary 
shall collaborate with any executive department, bureau, agency, board, 
commission, office, independent establishment, or instrumentality of 
the Government responsible for policies, arrangements, procedures, 
rules, and regulations relevant to the needs of children before, 
during, and after all hazards, disasters, and emergencies.
    (b) Memorandum of Understanding.--Not later than 90 days after the 
date of enactment of this Act, the Secretary shall enter into a 
memorandum of understanding with the Secretary of Homeland Security, 
the Secretary of Education, the Secretary of Housing and Urban 
Development, the Secretary of Transportation, and the Attorney General, 
to collaborate where appropriate on the functions described in section 
203.
    (c) Consultation.--In carrying out this title, the Secretary shall 
consult with--
            (1) State and local agencies;
            (2) national and local organizations with demonstrated 
        expertise in working to address the needs of children before, 
        during, and after all hazards, disasters, and emergencies;
            (3) national organizations with demonstrated specialty 
        experience in areas such as child health, child care, child 
        welfare, primary education, affordable housing, transportation, 
        juvenile justice, public finance mechanisms, and relevant 
        activities in emergency mitigation, preparedness, response, and 
        recovery; and
            (4) qualified professionals who possess the specialized 
        knowledge, skills, experience, and relevant attributes related 
        to addressing the needs of children before, during, and after 
        all hazards, disasters, and emergencies.

SEC. 205. AUTHORITY TO ENTER INTO CONTRACTS.

    The Secretary may, to such extent and in such amounts as are 
provided in appropriation Acts, enter into contracts to enable the 
Center to discharge its duties under this title.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$1,500,000 for each of fiscal years 2008 and 2009.
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