[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