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S 1970 ISRSCommentsClose CommentsPermalink

110th CONGRESS 1st Session S. 1970

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

IN THE SENATE OF THE UNITED STATES

August 2, 2007

Mr. DODD (for himself, Mr. KENNEDY, Mr. JOHNSON, Ms. MURKOWSKI, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

A BILL

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Addressing the Disaster Needs of ChildrenKids in Disasters Well-being, Safety, and Health Act of 2007'. CommentsClose CommentsPermalink

TITLE I--NATIONAL COMMISSION ON CHILDREN AND DISASTERSSEC. 101 SEC. 2. DEFINITIONS.

SEC. 3. ESTABLISHMENT OF COMMISSION.

There is established in the legislative branch the a commission to be known as the `National Commission on Children and Disasters(in this title referred to' (referred to in this Act as the `Commission'). CommentsClose CommentsPermalink

SEC. 1024. PURPOSES OF COMMISSION.

The purposes of the Commission are to-- CommentsClose CommentsPermalink





(1) examine, assess, and report upon the facts and causes relating to the needs of children before, during, and after all hazards, disasters,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; CommentsClose CommentsPermalink





(2) build upon the investigevaluations of other entities and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of other executive branch, congressional, or independent commissioncommissions, Federal, State, and local governments, or nongovernmental entities, relating to the needs of children before, during, and after all hazards, disasters,as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies; and CommentsClose CommentsPermalink





(3) investigate andsubmit a report to the President and Congress on itsspecific findings, conclusions, and recommendations for measures that can be taken to address fully the needs of children before, during, and after all hazards, disasters,to address the needs of children as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies. CommentsClose CommentsPermalink

SEC. 1035. COMPOSITION OF COMMISSION.

(a) Members- The Commission shall be composed of 10 members, of whom-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(3) 2 members shall be appointed by the Majority Lmajority leader of the Senate; CommentsClose CommentsPermalink





(4) 2 members shall be appointed by the Minority Lminority leader of the Senate; CommentsClose CommentsPermalink





(5) 2 members shall be appointed by the Speaker of the House of Representatives; and CommentsClose CommentsPermalink





(6) 2 members shall be appointed by the Minority Lminority leader of the House of Representatives. CommentsClose CommentsPermalink





(b) Political Party AffiliationChairperson, Vice-Chairperson, and Meetings- Not morelater than 5 members of the Commission shall be from the same political party30 days after the date on which all members of the Commission are appointed under subsection (a), such members shall meet to elect a Chairperson and Vice Chairperson from among such members and shall determine a schedule of Commission meetings. CommentsClose CommentsPermalink





(c) Governmental Appointees- An individual appointed to the Commission may not be an elected officialofficial or employee of the Federal Government or any State or local government.(d) Member Expertise-(1) IN GENERAL- Not less than 1 member of the Commission . CommentsClose CommentsPermalink





(d) Commission Representation- The Commission shall haveinclude at least one-- CommentsClose CommentsPermalink





(1) representative 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 CommentsClose CommentsPermalink





(2) State emergency manager or local emergency manager. CommentsClose CommentsPermalink





(e) Qualifications- Members appointed under subsection (a) may include-- CommentsClose CommentsPermalink





(A) child1) individuals involved with providing services to children, including health, including physical and mental health;(B) child health services and delivery systems;(C) child care services and delivery systems;(D) child welfare services and delivery systems;(E) primary education services;(F) housing services relevant to children and families;(G) transportation services relevant to children and families;(H) juvenile justice systems and services relevant to children and families;(I) public finance mechanisms relevant to children and families; or(J)education, housing, and other social services; CommentsClose CommentsPermalink





(2) individuals with experience in emergency mitigation, preparedness, recovery, and response activities relevant to children and families.(2) NONGOVERNMENTAL EXPERTISE- At least 1 member of the Commission shall be from a private nonprofit, private for-profit, oranagement, including coordination of resources and services among State and local governments, the Federal Government, and nongovernmental entities; CommentsClose CommentsPermalink





(3) individuals with philanthropic entity with demonstrated expertise in addressing the needs of children before, during, and after all hazards, disasters,xperience focused on the needs of children in all hazards, including major disasters and emergencies; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(5) individuals who have conducted academic research related to addressing the needs of children in all hazards, including major disasters and emergencies. CommentsClose CommentsPermalink





(e) Deadline for Appointment- All members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act.(f) 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 Act120 days after the appointment of members of the Commission. CommentsClose CommentsPermalink





(g) Quorum; Vacancies- After its initial meeting, the Commission shall meet at the call of the chairperson or a and Vacancy- CommentsClose CommentsPermalink





(1) QUORUM- A majority of the members of the Commission. Six members of the Commission shall constitute a quorum for purposes of conducting business., but a lesser number of members may hold hearings. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 104. FUNCTIONS OF THE6. DUTIES OF COMMISSION.

The Commission shall-- CommentsClose CommentsPermalink





(1) conduct an investigationpursuant to section 4(2) a comprehensive study 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 ofthe 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-- CommentsClose CommentsPermalink





(i) childA) child physical health, including physical and mental health;(ii) child care;(iii) child welfare;(iv) primary education;(v) housing;(vi) transportation;(vii, and trauma; CommentsClose CommentsPermalink





(B) child care in all settings; CommentsClose CommentsPermalink





(C) child welfare; CommentsClose CommentsPermalink





(D) elementary and secondary education; CommentsClose CommentsPermalink





(E) sheltering, temporary housing, and affordable housing; CommentsClose CommentsPermalink





(F) transportation; CommentsClose CommentsPermalink





(G) juvenile justice; CommentsClose CommentsPermalink





(viii) public finance mechanisms; and(ixH) evacuation; and CommentsClose CommentsPermalink





(I) relevant activities in emergency mitigation, preparedness, response, and recoveryanagement; CommentsClose CommentsPermalink





(2) identify, review, and evaluate existing laws relevant to the needs of children before, during, and after all hazards, disasters,, regulations, policies, and programs relevant to the needs of children as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies; CommentsClose CommentsPermalink





(3) identify, review, and evaluate relevant past events 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,the lessons learned from past disasters and emergencies relative to addressing fully the needs of children before, during, and after all hazards, disasters, and emergenciesthe needs of children; and CommentsClose CommentsPermalink





(4) submit a report to the President and Congress such reports as required by this title containing suchon the Commission's specific findings, conclusions, and recommendations for measures as the Commission shall determine appropriate, including proposing organization, planning, coordination, management, and financialto 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, arrangements, procedures, rules, and regulationsregulations, and legislative changes as the Commission considers appropriate. CommentsClose CommentsPermalink

SEC. 105. POWERS OF THE7. POWERS OF COMMISSION.

(a) In General-(1) HEARINGS AND EVIDENCE- The Commission may, for the purpose of carrying out this title hold such hearings and siHearings- The Commission may hold such hearings, meet and act at such times and places, take such testimony, receive such evidence, and administer such oathsand receive such evidence as may be necessary to carry out the functions of the Commission.(2) WITNESS ALLOWANCES AND FEES-(A) IN GENERAL- Section 1821 of title 28, United States Code, shall apply to a witness requested 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. CommentsClose CommentsPermalink





(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- CommentsClose CommentsPermalink





(1) IN GENERAL- The Commission is authorized to secure directlymay access, to the extent authorized by law, from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, such information, suggestions, estimates, and statistics for the purposes of this title. Eas the Commission considers necessary to carry out this Act. CommentsClose CommentsPermalink





(2) PROVISION OF INFORMATION- On written 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, 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.(2provide the requested information to the Commission. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(dc) Assistance From Federal Agencies- CommentsClose CommentsPermalink





(1) GENERAL SERVICES ADMINISTRATION- TOn 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 for the performance of the Commission's functionassistance necessary for the Commission to carry out its duties. CommentsClose CommentsPermalink





(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 servicesassistance as they may determine advisable and as may be authorized by law. CommentsClose CommentsPermalink





(d) Contracting- The Commission may enter into contracts to enable the Commission to discharge its duties under this Act. CommentsClose CommentsPermalink





(e) Donations- The Commission may accept, use, and dispose of donations of services or property. CommentsClose CommentsPermalink





(f) Postal Services- The Commission may use the United States mails in the same manner and under the same conditions as departments and agenciesa department or agency of the United States. CommentsClose CommentsPermalink

SEC. 1068. STAFF OF COMMISSION.

(a) In General-(1) APPOINTMENT AND COMPENSATION- The c The Chairperson of the Commission, in consultation with the vice cVice 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 undersection 5316 of title 5, United States Code. CommentsClose CommentsPermalink





(2) PERSONNEL AS FEDERAL EMPLOYEES-(A) IN GENERAL- The provisions of theb) Staff of Federal Advisory Committee Act (5 U.S.C. App) shall apply to the staff director andgencies- Upon request of the Chairperson of the Commission, the head of any personnel of the Commission.(B) MEMBERS OF COMMISSION- Subparagraph (A) shall not be construed to apply to members of the Commission.(b) Detailees- Anyexecutive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government employee may be detailed to the Commissionmay detail, without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges or his or her regular employment, 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. CommentsClose CommentsPermalink





(c) Consultant Services- The Commission is authorized to procure the services of experts and consultants in accordance withsection 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. CommentsClose CommentsPermalink

SEC. 107. COMPENSATION AND9. 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 allowedshall 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(b)section 5703 of title 5, United States Code. CommentsClose CommentsPermalink

SEC. 108. REPORTS OF THE. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.

SEC. 11. REPORTS OF COMMISSION; TERMINATION.

(a) Interim Reports- The Commission may- The Commission shall, not later than 1 year after the date of its first meeting, submit to the President and Congress an interim reports containing such containing specific findings, conclusions, and recommendations for measuresrequired under this Act as have been agreed to by a majority of Commission members. CommentsClose CommentsPermalink





(b) Other Reports and Information- CommentsClose CommentsPermalink





(1) REPORTS- The Commission may issue additional reports as the Commission determines necessary. CommentsClose CommentsPermalink





(2) INFORMATION- The Commission may hold public hearings to collect information and shall make such information available for use by the public. CommentsClose CommentsPermalink





(c) Final Report- NThe Commission shall, not later than 16 months after the date of the enactment of this Act, the Commission shall2 years after the date of its first meeting, submit to the President and Congress a final report containing suchpecific findings, conclusions, and recommendations for measuresrequired under this Act as have been agreed to by a majority of Commission members. CommentsClose CommentsPermalink





(cd) Termination- CommentsClose CommentsPermalink





(1) IN GENERAL- The Commission, and all the authorities of this titleAct, shall terminate 6180 days after the date on which the final report is submitted under subsection (b). CommentsClose CommentsPermalink





(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 reportRECORDS- 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. CommentsClose CommentsPermalink

SEC. 1092. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title, $2,0Act, $1,500,000 for each of fiscal years 2008 and 2009. CommentsClose CommentsPermalink

TITLE II--NATIONAL RESOURCE CENTER ON CHILDREN AND DISASTERSSEC. 201. ESTABLISHMENT OF RESOURCE CENTER.The Secretary of Health and Human Services (in this title referred to as the SEC. 13. RULE OF CONSTRUCTION.

Amend the title so as to read: `Secretary') shallA bill to establish a National Commission on Children and Disasters, and for other purposes.'.CommentsClose CommentsPermalink

To establish a National Commission on Children and Disasters, 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, and for 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, primary education, housing, transportation, juvenile justice, 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 expertise in areas such as child health, child care, child welfare, primary education, public 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.purposes.CommentsClose CommentsPermalink