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[House Report 111-548]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-548

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 NATIONAL COMMISSION ON CHILDREN AND DISASTERS REAUTHORIZATION ACT OF 
                                  2010

                                _______
                                

 July 19, 2010.--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. 5266]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5266) to extend the final report 
deadline and otherwise reauthorize the National Commission on 
Children and Disasters, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                       Purpose of the Legislation

    H.R. 5266, the ``National Commission on Children and 
Disasters Reauthorization Act of 2010'', reauthorizes the 
National Commission on Children and Disasters and extends the 
due date of the final report of the Commission to December 31, 
2012.

                  Background and Need for Legislation

    Children comprise nearly 25 percent of the U.S. population. 
There are 74 million children under the age of 18 in the United 
States, who are particularly vulnerable in disasters. However, 
disaster plans are written largely for able-bodied adults, 
meaning that before, during, and after disasters, the unique 
needs of children are overlooked, unmet, and misunderstood.\1\
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    \1\National Commission on Children and Disasters, Interim Report 
(October 14, 2009), at ii.
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    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 the age of 
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 Hurricane Katrina, and it took more 
than six months to reunite the last child separated from her 
family. In addition, 1,100 schools were closed immediately 
following Hurricane Katrina; many were closed for a substantial 
period of time. These statistics reveal the importance of 
examining the special needs of children in preparing for, 
responding to, and recovering from emergencies and disasters. 
More recently, in emergencies and disasters such as the H1N1 
outbreak, and the tsunami in American Samoa, and the earthquake 
in Haiti, children were disproportionately affected compared to 
adults. These recent events have revealed the persistent 
challenges in coordinating an effective preparedness, response, 
and recovery effort for children.
    Congress created the National Commission on Children and 
Disasters (Commission) in the Kids in Disasters Well-being, 
Safety, and Health Act of 2007 (the 2007 Act), Title VI of 
Division G of the Consolidated Appropriations Act of 2008 (P.L. 
110-161).\2\ The purposes of the Commission are to: (1) conduct 
a comprehensive study to examine and assess the needs of 
children as they relate to preparing for, responding to, and 
recovering from all hazards, including major disasters and 
emergencies; (2) build upon and review the recommendations of 
other governmental 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 preparing for, responding to, and 
recovering from all hazards, including major disasters and 
emergencies.
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    \2\Sections 601-613 of Public Law 110-161, 121 Stat. 2213-2217.
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    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.
    Pursuant to the 2007 Act, the Commission is required to 
submit interim and final reports to the President and Congress 
on its specific findings, conclusions, and recommendations. The 
Commission held its first meeting October 14, 2008. On October 
14, 2009, the Commission issued an interim report. On October 
20, 2009, the Subcommittee on Economic Development, Public 
Buildings, and Emergency Management held a hearing on the 
interim report. The Commission issued an additional progress 
report on May 11, 2010. Pursuant to the 2007 Act, the final 
report is due on October 14, 2010.
    Some of the Commission recommendations included in the 
interim report are being implemented, in particular by FEMA. 
For example, in August 2009, FEMA Administrator Craig Fugate 
created a Children's Working Group responsible for ensuring 
that the needs of children are addressed and integrated into 
overall disaster planning, preparedness, response, and recovery 
efforts initiated at the Federal level. FEMA's Emergency 
Management Institute developed a course entitled ``Planning for 
Children and Disasters'', which provides emergency managers and 
implementers of children's programs with guidance on meeting 
children's disaster-related needs. FEMA is also integrating 
children's needs into overall disaster planning guidance and 
documents such as the Comprehensive Preparedness Guide, the 
National Response Framework, and other guidance and documents. 
FEMA is collaborating with the Department of Justice and the 
Department of Health and Human Services to develop disaster 
preparedness guidelines for juvenile justice facilities and 
child care providers.
    However, more progress is needed in implementing the 
Commission's recommendations. The Commission has urged the 
Department of Health and Human Services to make children a 
greater priority in the development of medical countermeasures, 
disaster mental health, and emergency preparedness education 
and training for health professionals. The Commission also 
recommended that the Department of Education support state-led 
efforts to improve disaster preparedness in schools. These 
recommendations have not been fully implemented. In addition, 
due to delays in the appointment of Commission members and 
receipt of funding, the Commission was unable to hold its first 
meeting until 10 months after the date of enactment of the 2007 
Act. As a result, the work of the Commission remains 
incomplete. Without reauthorization, the Commission will be 
required to issue its final report on October 14, 2010, and 
will sunset 180 days thereafter.
    On October 20, 2009, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing, entitled ``Looking Out for the Very Young, the Elderly 
and Others with Special Needs: Lessons from Katrina and other 
Major Disasters''. In response to testimony from the 
Commission, the Committee included language in H.R. 3377, the 
``Disaster Response, Recovery, and Mitigation Enhancement Act 
of 2009'', to require the Administrator of FEMA to consider the 
recommendations of the Commission in the drafting and updating 
of certain plans, strategies, policies, regulations, and 
educational course materials. H.R. 5266 will allow the 
Commission to advise Congress and the President on how this 
requirement and the recommendations of the Commission are being 
implemented.
    The Committee also expects FEMA to expeditiously clarify 
its regulations concerning the eligibility of private nonprofit 
child care centers under FEMA's Public Assistance program. In 
House Report 110-425 accompanying H.R. 3495, the ``Kids in 
Disasters Well-being, Safety, and Health Act of 2007'', the 
Committee noted that these facilities are eligible under 
section 406 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. Sec. 5172) (Stafford Act) 
and that 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. More recently, on March 5, 2010, FEMA issued Disaster 
Assistance Fact Sheet 9580.107, which clarifies the eligibility 
of child care facilities under section 403 (Essential 
Assistance) of the Stafford Act (42 U.S.C. Sec. 5170b). 
However, the Committee also noted in 2007 that FEMA's 
regulations on private non-profit facilities (44 C.F.R. 
Sec. 206.221(e)) do not specifically list child care facilities 
as eligible, causing confusion in the implementation of 
assistance to these facilities. The Committee encouraged FEMA 
to update its regulations to clarify the eligibility of these 
facilities. To date, FEMA has not promulgated such a rule. The 
Committee expects FEMA to report to the Committee on the status 
of this rulemaking, including how FEMA intends to promulgate a 
rule not later than December 31, 2010.

                       Summary of the Legislation

Section 1. Short title

    This section designates the title of the bill as the 
``National Commission on Children and Disasters Reauthorization 
Act of 2010''.

Sec. 2. National Commission on Children and Disasters Reauthorization

    Subsection (a) of Section 2 amends section 605(g) of the 
Kids in Disasters Well-being, Safety, and Health Act of 2007 to 
require vacancies on the Commission to be filled within 90 
days. Delays in the initial appointment of Commission members 
in part delayed the first meeting of the Commission. The 
provision will help ensure that, if vacancies arise, they will 
have limited impact on the work of the Commission.
    Subsection (b) amends section 611(a) of the 2007 Act to 
require the Commission to report to Congress and the President 
on an annual basis. Given that subsection (c) extends the 
deadline of the final report until December 31, 2012, the 
Committee requires the Commission to continue to report on its 
activities annually.
    Subsection (c) amends section 611(c) of the 2007 Act to 
extend the deadline for the final report of the Commission from 
two years after the first meeting of the Commission (or October 
14, 2010) to December 31, 2012.
    Subsection (d) amends section 612 of the 2007 Act to 
authorize appropriations of $1,500,000 for each of fiscal years 
2008 through 2012 and $1,000,000 for fiscal year 2013. The 
reduced authorization in fiscal year 2013 reflects the fact 
that authority for the Commission terminates 180 days after the 
final report is due, or June 30, 2013. This section also makes 
the amounts appropriated available until expended.

            Legislative History and Committee Consideration

    In the 110th Congress, Representative Corrine Brown 
introduced H.R. 3495, the ``Kids in Disasters Well-being, 
Safety, and Health Act of 2007'', on September 7, 2007. On 
October 30, 2007, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management met to consider the 
bill 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 ordered the bill, 
as amended, reported favorably to the House by voice vote with 
a quorum present. H. Rept. 110-425. On November 6, 2007, the 
House passed the bill, as amended, by voice vote. Provisions of 
H.R. 3495 were incorporated into H.R. 2764, the Consolidated 
Appropriations Act of 2008 (P.L. 110-161), which was signed 
into law on December 26, 2007.
    In the 111th Congress, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing, entitled ``Looking Out for the Very Young, the Elderly 
and Others with Special Needs: Lessons from Katrina and other 
Major Disasters'', to receive testimony on the interim report 
of the Commission.
    On May 11, 2010, Representative Corrine Brown introduced 
H.R. 5266.
    On July 1, 2010, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 5266. The 
Committee on Transportation and Infrastructure ordered H.R. 
5266 reported favorably to the House by voice vote with a 
quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the Rules 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 consideration of H.R. 5266 or ordering the bill reported. 
A motion to order H.R. 5266 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)(1) 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 
section 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 goals and objectives of this legislation are to 
reauthorize the National Commission on Children and Disasters 
to address the needs of children as they relate to preparing 
for, responding to, and recovering from all hazards including 
disasters and emergencies.
    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. 5266 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 15, 2010.
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. 5266, the National 
Commission on Children and Disasters Reauthorization Act of 
2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 5266--National Commission on Children and Disasters 
        Reauthorization Act of 2010

    H.R. 5266 would reauthorize the National Commission on 
Children and Disasters through 2013. CBO estimates that 
implementing this legislation would cost $4 million over the 
2011-2013 period, assuming appropriation of the specified 
amounts. Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 5266 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 National Commission on Children and Disasters examines 
and reports to the Congress and the President on the needs of 
children during the preparation for, response to, and recovery 
from major disasters and emergencies. Under current law, the 
commission would terminate in 2011.
    H.R. 5266 would authorize the appropriation of $1.5 million 
for each of the fiscal years 2011 and 2012, and $1 million for 
2013 for the commission to continue conducting studies. In 
2010, the Congress provided $1 million to the commission (see 
Public Law 111-117). Under the bill, the commission would issue 
a final report 
by the end of calendar year 2012 and would terminate 180 days 
thereafter. Based on historical expenditure patterns, CBO 
estimates that implementing this legislation would cost $4 
million over the 2011-2013 period, assuming appropriation of 
the specified amounts.
    The CBO staff contact for this estimate is Daniel Hoople. 
The estimate was approved by Theresa Gullo, Deputy 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, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
5266 does not contain any earmarks, limited tax benefits, or 
limited tariff benefits under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                   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 (P.L. 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. 5266 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    H.R. 5266 extends the termination date for the National 
Commission on Children and Disasters, an advisory committee as 
defined by section 3 of the Federal Advisory Committee Act 
(P.L. 92-463). The Committee finds pursuant to section 5 of the 
Federal Advisory Committee Act that none of the functions of 
the proposed advisory committee are being or could be performed 
by one or more agencies or by another advisory committee 
already in existence. The Committee also determines that the 
National Commission on Children and Disasters has a clearly 
defined purpose, fairly balanced membership, and meets all of 
the other requirements of section 5(b) of the Federal Advisory 
Committee Act.

                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 (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

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

(Title VI of division G of Public Law 110-161)

           *       *       *       *       *       *       *

                                TITLE VI

             NATIONAL COMMISSION ON CHILDREN AND DISASTERS

SECTION 601. SHORT TITLE.

  This title may be cited as the ``Kids in Disasters Well-
being, Safety, and Health Act of 2007''.

           *       *       *       *       *       *       *

SEC. 605. COMPOSITION OF COMMISSION.

  (a)  * * *

           *       *       *       *       *       *       *

  (g) Quorum and Vacancy.--
          (1)  * * *
          (2) Vacancy.--Any vacancy in the Commission shall not 
        affect its powers and shall be filled not later than 90 
        days after the date of vacancy in the same manner in 
        which the original appointment was made.

           *       *       *       *       *       *       *

SEC. 611. REPORTS OF COMMISSION; TERMINATION.

  (a) [Interim Report] Interim Reports.--The Commission shall, 
not later than 1 year after the date of its first meeting and 
annually thereafter, submit to the President and Congress an 
interim report containing specific findings, conclusions, and 
recommendations required under this title as have been agreed 
to by a majority of Commission members.

           *       *       *       *       *       *       *

  (c) Final Report.--The Commission shall, [not later than 2 
years after the date of its first meeting] not later than 
December 31, 2012, submit to the President and Congress a final 
report containing specific findings, conclusions, and 
recommendations required under this title as have been agreed 
to by a majority of Commission members.

           *       *       *       *       *       *       *

[SEC. 612. 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.]

SEC. 612. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
carry out this title $1,500,000 for each of fiscal years 2008 
through 2012, and $1,000,000 for fiscal year 2013.
  (b) Availability.--Amounts made available pursuant to 
subsection (a) shall remain available until expended.

           *       *       *       *       *       *       *

                                  
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