[House Report 110-425]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-425

======================================================================



 
      KIDS IN DISASTERS WELL-BEING, SAFETY, AND HEALTH ACT OF 2007

                                _______
                                

November 5, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3495]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3495) to establish a National 
Commission on Children and Disasters, a National Resource 
Center on Children and Disasters, and for other purposes, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

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.

  Amend the title so as to read:

      A bill to establish a National Commission on Children and 
Disasters, and for other purposes.

                       PURPOSE OF THE LEGISLATION

    H.R. 3495, as amended, establishes a National Commission on 
Children and Disasters.

                  BACKGROUND AND NEED FOR LEGISLATION

    Hurricane Katrina exposed many problems with our nation's 
ability to meet the needs of children during disasters. 
Approximately, one-fourth of the people who lived in areas 
damaged or flooded by Hurricane Katrina were under age 18. More 
than 400,000 children under the age of five lived in or were 
evacuated from counties and parishes that were declared 
disaster areas by the Federal Emergency Management Agency 
(``FEMA'') in response to Hurricane Katrina. The vulnerability 
of this population presented many unique obstacles. For 
example, 5,192 children were reported missing or displaced to 
the National Center for Missing and Exploited Children as a 
result of the hurricanes, and it took 6\1/2\ months to reunite 
the last child separated from her family. In addition, 1,100 
schools were closed immediately following Hurricane Katrina. 
Two years later, only 45 percent of New Orleans schools have 
reopened. These statistics reveal the importance of examining 
the special needs of children in preparation for, response to, 
and recovery from emergencies and disasters.
    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 and review the recommendations of other 
government and nongovernmental entities that work on issues 
relating to the needs of children in disasters; and (3) report 
to the President and Congress on its 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 disasters and emergencies.
    More specifically, the Commission is tasked with 
investigating the needs of children facing disasters in the 
areas of children's health, child welfare, elementary and 
secondary education, affordable housing, transportation, and 
relevant activities in emergency mitigation, preparedness, 
response, and recovery.
    The Commission consists of 10 members: two members 
appointed by the President, two members appointed by the 
Speaker of the House, two members appointed by the House 
Minority Leader, two members appointed by the Senate Majority 
Leader, and two members appointed by the Senate Minority 
Leader. The bill provides that Commission members include 
representatives from private nonprofit entities and State 
emergency managers and local emergency managers.
    The Commission is required to submit a final report to the 
President and Congress on its specific findings, conclusions, 
and recommendations.
    The Committee also encourages FEMA to clarify its 
regulations concerning the eligibility of private nonprofit 
child care centers. The Committee notes that private nonprofit 
child care centers are eligible facilities under section 406, 
Repair, Restoration, and Replacement of Damaged Facilities, of 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5172). Further, FEMA has recognized the 
eligibility of child care centers in FEMA Public Assistance 
Policy 9521.3 ``Private Nonprofit Facility (PNP) Eligibility'', 
issued on July 18, 2007. However, FEMA's regulations on private 
nonprofit facilities (44 CFR 206.221(e)) do not specifically 
list child care facilities as eligible. As a result, the 
Committee is concerned that this omission has caused confusion 
in the implementation of assistance to these facilities. The 
Committee strongly encourages FEMA to amend it regulations to 
clarify the eligibility of private nonprofit child care 
facilities. Within six months of the date of enactment of this 
Act, the Committee requires FEMA to submit a report to the 
Committee on the status of this rulemaking.

                       SUMMARY OF THE LEGISLATION

Section 1. Short title

    Section 1 of the bill states that the short title of the 
Act is the ``Kids in Disasters Well-being, Safety, and Health 
Act of 2007''.

Section 2. Definition

    Section 2 defines ``child'' and ``children'' as an 
individual or individuals, respectively, who have not attained 
18 years of age.

Section 3. Establishment of Commission

    Section 3 establishes a commission to be known as the 
``National Commission on Children in Disasters''.

Section 4. Purposes of Commission

    Section 4 provides the purposes of the Commission. The 
purpose 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 their findings, conclusions, and 
recommendations; and (3) 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.

Section 5. Composition of Commission

    The Commission is to be comprised of 10 members: two 
appointed by the President (each must be of a separate 
political party), two appointed by the Speaker of the House, 
two appointed by the House Minority Leader, two appointed by 
the Senate Majority Leader, and two appointed by the Senate 
Minority Leader. The Chairperson and Vice Chairperson shall be 
elected from among members of the Commission.
    The Commission shall include 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. The Commission shall also include 
state emergency managers and local emergency managers. Section 
5 also provides the qualifications for members appointed to the 
Commission.
    All appointments to the Commission shall be made not later 
than 90 days after the date of enactment. The initial meeting 
of the Commission shall occur not later than 120 days after the 
date of enactment. A majority of members of the Commission 
shall constitute a quorum but a lesser number of members may 
hold hearings. 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.

Section 6. Duties of Commission

    Section 6 provides the duties of the Commission. The 
Commission shall: (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. The study will include 
specific findings relating to: children's physical and mental 
health; child care, including in private for-profit and 
nonprofit settings; child welfare; elementary and secondary 
education; sheltering, temporary housing, and affordable 
housing; transportation; entitlement and grant programs; 
juvenile justice; evacuation; and other relevant activities in 
emergency management; (2) identify, review, and evaluate 
existing laws relevant to the needs of children; (3) identify, 
review, and evaluate lessons learned from past disasters; and 
(4) submit a report to the President and Congress on its 
specific findings, conclusions, and recommendations to address 
the needs of children as they relate to preparation for, 
response to, and recovery from all hazards.
    The report shall include specific recommendations 
regarding: (1) the need for planning and establishing a 
national resource center on children and disasters; (2) 
coordination of resources and services; and (3) administrative 
actions, policies, regulations, financing, and legislative 
changes as the Commission considers appropriate.

Section 7. Powers of Commission

    Section 7 provides the powers of the Commission. The 
Commission is authorized to hold 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. The Commission is 
authorized to 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. On request of the Chairperson 
of the Commission, any such entity shall, to the extent 
authorized by law, provide the requested information to the 
Commission. The General Services Administration shall provide 
requested services to the Commission on a reimbursable basis 
and other departments and agencies may provide such services to 
the Commission as they deem advisable and as authorized by law. 
The Commission is authorized to enter into contracts; accept, 
use, and dispose of donations of services or property; and use 
the United States mails in the same manner and under the same 
conditions as a department or agency of the United States.

Section 8. Staff of Commission

    Section 8 provides for staffing of the Commission. The 
Chairperson of the Commission, in consultation with the Vice 
Chairperson, and 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. 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. Any such detail shall be 
without interruption or loss of civil service status or 
privilege. The Commission is also authorized to procure the 
services of experts and consultants.

Section 9. Travel expenses

    Section 9 provides for travel expenses for Commission 
members. Each member shall serve without compensation, but 
shall receive travel expenses, including per diem in lieu of 
subsistence.

Section 10. Federal Advisory Committee Act applicability

    Section 10 provides that the Federal Advisory Committee Act 
shall apply to the Commission and its staff.

Section 11. Reports of Commission; Termination

    Section 11 provides for reports of the Commission and its 
termination. The Commission shall provide an interim report to 
the President and Congress no later than December 31, 2008. Not 
later than 24 months after the date of enactment, the 
Commission shall submit to the President and Congress a final 
report containing specific findings, conclusions, and 
recommendations required under this Act as agreed to by a 
majority of Commission members. The Commission shall terminate 
180 days after the date on which the final report is submitted. 
Not later than the date of termination, the Commission shall 
deliver all records and papers of the Commission to the 
Archivist of the United States.

Section 12. Authorization of appropriations

    Section 12 authorizes appropriations of $2 million for each 
of fiscal years 2008 and 2009 to carry out this Act.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    In the 109th Congress, Congress enacted the ``Post-Katrina 
Emergency Management Reform Act of 2006'' (Title VI of P.L. 
109-295). Section 689b of the Post-Katrina Act establishes the 
National Emergency Child Locator Center within the National 
Center for Missing and Exploited Children. Section 689c of the 
Post-Katrina Act establishes a National Emergency Family 
Registry and Locator System to help reunify families separated 
after an emergency or major disaster.
    In the 110th Congress, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management has 
held several hearings at which witnesses discussed the effects 
of disasters on children, including the March 20, 2007 
Subcommittee hearing on ``Post-Katrina Temporary Housing: 
Dilemmas and Solutions'' and the April 26, 2007 Subcommittee 
hearing on ``FEMA's Preparedness and Response to All Hazards''. 
In addition, the Committee on Transportation and Infrastructure 
reported and the House passed H.R. 3247, the ``Hurricanes 
Katrina and Rita Recovery Facilitation Act''. H.R. 3247 
provides additional flexibility in programs under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, 
exclusively for the recovery from Hurricanes Katrina and Rita. 
Some of the assistance authorized in H.R. 3247 benefits 
children.
    On September 7, 2007, Representative Corrine Brown 
introduced H.R. 3495, the ``Kids in Disasters Well-being, 
Safety, and Health Act of 2007''. This bill has not been 
introduced in a previous Congress.
    On October 30, 2007, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management met to 
consider H.R. 3495 and favorably recommended the bill to the 
Committee on Transportation and Infrastructure by voice vote 
with a quorum present.
    On October 31, 2007, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 3495. 
During consideration of the bill, the Committee adopted an 
amendment in the nature of a substitute that made several 
changes to the bill. The amendment provided that the members of 
the Commission elect the Chairperson and Vice Chairperson. 
Further, the amendment made other changes to the Commission 
structure such as eliminating subpoena authority and pay for 
members of the Commission and requiring that the Commission 
include representatives of private nonprofit entities and State 
emergency managers and local emergency managers. Finally, the 
amendment struck Title II of the bill which authorized the 
Health and Human Services National Resource Center on Children 
and Disasters. The amendment provides that the Commission 
specifically consider the need for planning and establishing a 
National Resource Center on Children and Disasters and include 
a specific recommendation to Congress in the Commission's final 
report. The Committee on Transportation and Infrastructure 
ordered the bill, as amended, reported favorably to the House 
by voice vote with a quorum present.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with the amendment 
offered to H.R. 3495 or with ordering H.R. 3495, as amended, 
reported. A motion to order H.R. 3495, as amended, reported 
favorably to the House was agreed to by voice vote with a 
quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(I) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to create 
a National Commission on Children and Disasters.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 
3495, as amended, from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 2, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3495, the Kids in 
Disasters Well-being, Safety, and Health Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 3495--Kids in Disasters Well-being, Safety, and Health Act of 2007

    H.R. 3495 would authorize the appropriation of $4 million 
to establish the National Commission on Children and Disasters. 
The commission would be responsible for conducting a 
comprehensive study on the needs of children in preparing for, 
responding to, and recovering from major disasters and 
emergencies. Based on the historical spending patterns of 
similar-sized commissions, CBO estimates that implementing H.R. 
3495 would cost $1 million in 2008 and $4 million over the 
2008-2010 period, subject to appropriation of the specified 
amounts. Enacting the bill would not affect direct spending or 
revenues.
    H.R. 3495 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of State, local, or tribal 
governments.
    The bill would authorize the appropriation of $2 million 
for each of fiscal years 2008 and 2009 to establish the new 
commission, which would be composed of 10 members, including 
individuals in the private sector and State and local 
governments with experience in emergency management. No later 
than two years after the enactment of this legislation, the 
commission would report to the Congress on the needs of 
children as they relate to preparing for, responding to, and 
recovering from major disasters and emergencies. The commission 
would be disbanded 180 days after submitting its report.
    The CBO staff contact for this estimate is Daniel Hoople. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 3495 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 3495, as amended, 
does not preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 3495, as amended, makes no changes in existing law.

                                  
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