[Congressional Record Volume 147, Number 148 (Wednesday, October 31, 2001)]
[Extensions of Remarks]
[Pages E1977-E1978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


               THE CHARITY ACCOUNTABILITY ACT, H.R. 3192

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                      Wednesday, October 31, 2001

  Mr. GILMAN. Mr. Speaker, I rise today to introduce H.R. 3192, the 
Disaster Relief Charities Accountability Act.
  Mr. Speaker, seven weeks have past since the barbaric attacks on the 
World Trade Center, the Pentagon, and the thwarted hijacking attempt in 
Pennsylvania, yet victims and their families have not received the 
funding they desperately need.
  Initial reports have indicated that more than $1.2 billion has been 
collected by 196 charitable organizations.
  While this overwhelming support by Americans has been gratifying, 
there is a great deal of concern that the funds raised may not be going 
directly to the intended beneficiaries--the victims and their 
families--and instead are being diverted or, worse yet, miss their 
intended goal.
  More than 100 families in my congressional district have been 
affected by the horror of the September 11 attack in New York. Many of 
these families have been calling my office requesting information and 
assistance on how and where to go to receive these donated funds.
  Accordingly, I am introducing H.R. 3192 to provide a full accounting 
of: all funds received to date, the amount spent and distributed and 
for what purpose, the criteria used for disseminating these funds, the 
percentage of funds donated that will actually go to the victims, and 
the administrative costs for allocating these funds.
  In addition, the Charity Accountability Act will provide both the 
victims and their families, as well as those wanting to donate, with a 
clearinghouse of all charitable organizations participating in this 
important fund-raising initiative.
  It is my intention that this legislation will insure that the money 
raised to assist Americans during any disaster event will go to the 
intended beneficiary.
  Specifically, this legislation will establish a five member board to: 
(1) Collect and provide information to assist both the victims and 
those wishing to contribute to various disaster funds; (2) collect and 
maintain an on-going accounting of all funds collected and disbursed; 
(3) obtain and review the criteria used by the various relief funds to 
pay out these funds; and (4) report to both the president and the 
congress on the status of these funds.
  The outpouring by the American people to the disastrous events of 
September 11 should not be wrought with confusion or cynicism on how 
the funds are being distributed or possibly misdirected. It is obvious 
that Americans want their donated funds to go directly to the victims 
and their families. Any funds collected for this intended purpose and 
spent otherwise would place a black mark on the entire philanthropic 
community, dissuading and jeopardizing any future donations.
  Accordingly, I encourage my colleagues to review this important 
legislation and welcome their support.

                               H.R. 3192

       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 ``Disaster Relief Charities 
     Accountability Act''.

     SEC. 2. DISASTER RELIEF FUND DEFINED.

       In this Act the term ``disaster relief fund'' means a fund 
     established by a charitable organization for relief of a 
     specific disaster with contributions totaling at least 
     $25,000.

     SEC. 3. ESTABLISHMENT.

       There is established a board to be known as the ``Charity 
     Accountability Board'' (in this Act referred to as the 
     ``Board'').

     SEC. 4. DUTIES.

       The Board shall--
       (1) request information from and make recommendations to 
     qualify charitable organizations regarding--
       (A) the amount of disaster relief funds collected and 
     dispersed by such organizations;
       (B) the administrative costs incurred by such organizations 
     in administering disaster relief funds; and
       (C) the criteria used by such organizations in dispersing 
     disaster relief funds;
       (2) provide information about disaster relief funds to 
     disaster victims and those wishing to contribute to such 
     funds; and
       (3) report to the President and the Congress on the status 
     of such funds.

     SEC. 5. MEMBERSHIP.

       (a) Appointment and Terms.--The Board shall be composed of 
     5 members appointed as follows:
       (1) The Director of the Federal Emergency Management 
     Agency, or the Director's delegate.
       (2) Two members appointed by the President, who shall each 
     serve for a term of 4 years.
       (3) One member appointed by the Speaker of the House, who 
     shall serve for a term of 2 years.
       (4) One member appointed by the majority leader of the 
     Senate, who shall serve for a term of 2 years.
       (b) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       (c) Basic Pay and Travel Expenses.--Members shall serve 
     without pay but shall receive travel expenses, including per 
     diem in lieu of subsistence, in accordance with applicable 
     provisions under subchapter I of chapter 57 of title 5, 
     United States Code.
       (e) Meetings.--The Board shall meet at the call of a 
     majority of its members.

     SEC. 6. DIRECTOR AND STAFF.

       (a) Director.--The Board may appoint a Director and such 
     additional personnel as its considers appropriate.
       (b) Applicability of Certain Civil Service Laws.--Any 
     Director and staff appointed under subsection (a) shall be 
     appointed subject to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, and 
     shall be paid in accordance with the provisions of chapter 51 
     and subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates.

     SEC. 7. REPORTING.

       The Board shall transmit to the President and the Congress 
     monthly reports concerning the information collected and 
     disseminated and recommendations made by the Board, and any 
     other information the Board considers appropriate.

     SEC. 8. TERMINATION.

       Section 14(a)(2)(B) of the Federal Advisory Committee Act 
     (5 U.S.C. App. relating to the termination of advisory 
     committee) shall not apply to the Board.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act, to remain available until 
     expended.


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