		I
		112th CONGRESS
		1st Session
		H. R. 1493
		IN THE HOUSE OF REPRESENTATIVES

			April 12, 2011
			Ms. Norton introduced
			 the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To amend the Fair Labor Standards Act of 1938 to prohibit
		  discrimination in the payment of wages on account of sex, race, or national
		  origin, and for other purposes.

		1.Short title
			(a)Short
			 titleThis Act may be cited as the Fair Pay Act of 2011.
			(b)ReferenceExcept
			 as provided in section 8, whenever in this Act an amendment or repeal is
			 expressed in terms of an amendment to, or repeal of, a section or other
			 provision, the reference shall be considered to be made to a section or other
			 provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
			 seq.).
			2.FindingsCongress finds the following:
			(1)Wage rate
			 differentials exist between equivalent jobs segregated by sex, race, and
			 national origin in Government employment and in industries engaged in commerce
			 or in the production of goods for commerce.
			(2)The existence of
			 such wage rate differentials—
				(A)depresses wages
			 and living standards for employees necessary for their health and
			 efficiency;
				(B)prevents the
			 maximum utilization of the available labor resources;
				(C)tends to cause
			 labor disputes, thereby burdening, affecting, and obstructing commerce;
				(D)burdens commerce
			 and the free flow of goods in commerce; and
				(E)constitutes an
			 unfair method of competition.
				(3)Discrimination in
			 hiring and promotion has played a role in maintaining a segregated work
			 force.
			(4)Many women and
			 people of color work in occupations dominated by individuals of their same sex,
			 race, and national origin.
			(5)(A)In 2009, a woman in the
			 United States working in a full-time, year-round job earned 77 cents for every
			 dollar earned by a man working in a full-time, year-round job.
				(B)A 2007 study found that—even when
			 accounting for key factors generally known to influence earnings such as race,
			 educational attainment, and experience—nearly half (49.3 percent) of the pay
			 gap can be explained by differences in the industries and occupations that men
			 and women work in, and 41 percent of the pay gap cannot be accounted for but
			 may be partially explained by discrimination in the workplace.
				(6)Section 6(d) of
			 the Fair Labor Standards Act of 1938 prohibits discrimination in compensation
			 for equal work on the basis of sex.
			(7)Artificial
			 barriers to the elimination of discrimination in compensation based upon sex,
			 race, and national origin continue to exist more than 4 decades after the
			 passage of section 6(d) of the Fair Labor Standards Act of 1938, the Equal Pay
			 Act of 1963, and the Civil Rights Act of
			 1964 (42 U.S.C. 2000a et seq.). Elimination of such barriers would
			 have positive effects, including—
				(A)providing a
			 solution to problems in the economy created by discrimination through wage rate
			 differentials;
				(B)substantially
			 reducing the number of working women and people of color earning low wages,
			 thereby reducing the dependence on public assistance; and
				(C)promoting stable
			 families by enabling working family members to earn a fair rate of pay.
				3.Equal pay for
			 equivalent jobs
			(a)AmendmentSection
			 6 (29 U.S.C. 206) is amended by adding at the end the following:

					(h)(1)(A)Except as provided in
				subparagraph (B), no employer having employees subject to any provision of this
				section shall discriminate, within any establishment in which such employees
				are employed, between employees on the basis of sex, race, or national origin
				by paying wages to employees in such establishment in a job that is dominated
				by employees of a particular sex, race, or national origin at a rate less than
				the rate at which the employer pays wages to employees in such establishment in
				another job that is dominated by employees of the opposite sex or of a
				different race or national origin, respectively, for work on equivalent
				jobs.
							(B)Nothing in subparagraph (A) shall
				prohibit the payment of different wage rates to employees where such payment is
				made pursuant to—
								(i)a seniority system;
								(ii)a merit system;
								(iii)a system that measures earnings by
				quantity or quality of production; or
								(iv)a differential based on a bona fide
				factor other than sex, race, or national origin, such as education, training,
				or experience, except that this clause shall apply only if—
									(I)the employer demonstrates
				that—
										(aa)such factor—
											(AA)is job-related with respect to the
				position in question; or
											(BB)furthers a legitimate business
				purpose, except that this item shall not apply if the employee demonstrates
				that an alternative employment practice exists that would serve the same
				business purpose without producing such differential and that the employer has
				refused to adopt such alternative practice; and
											(bb)such factor was actually applied and
				used reasonably in light of the asserted justification; and
										(II)upon the employer succeeding under
				subclause (I), the employee fails to demonstrate that the differential produced
				by the reliance of the employer on such factor is itself the result of
				discrimination on the basis of sex, race, or national origin by the
				employer.
									(C)The Equal Employment Opportunity
				Commission shall issue guidelines specifying criteria for determining whether a
				job is dominated by employees of a particular sex, race, or national origin for
				purposes of subparagraph (B)(iv). Such guidelines shall not include a list of
				such jobs.
							(D)An employer who is paying a wage rate
				differential in violation of subparagraph (A) shall not, in order to comply
				with the provisions of such subparagraph, reduce the wage rate of any
				employee.
							(2)No labor organization or its agents
				representing employees of an employer having employees subject to any provision
				of this section shall cause or attempt to cause such an employer to
				discriminate against an employee in violation of paragraph (1)(A).
						(3)For purposes of administration and
				enforcement of this subsection, any amounts owing to any employee that have
				been withheld in violation of paragraph (1)(A) shall be deemed to be unpaid
				minimum wages or unpaid overtime compensation under this section or section
				7.
						(4)In this subsection:
							(A)The term labor
				organization means any organization of any kind, or any agency or
				employee representation committee or plan, in which employees participate and
				that exists for the purpose, in whole or in part, of dealing with employers
				concerning grievances, labor disputes, wages, rates of pay, hours of
				employment, or conditions of work.
							(B)The term equivalent jobs
				means jobs that may be dissimilar, but whose requirements are equivalent, when
				viewed as a composite of skills, effort, responsibility, and working
				conditions.
							.
			(b)Conforming
			 amendmentSection 13(a) (29 U.S.C. 213(a)) is amended in the
			 matter before paragraph (1) by striking section 6(d) and
			 inserting sections 6 (d) and (h).
			4.Prohibited
			 actsSection 15(a) (29 U.S.C.
			 215(a)) is amended—
			(1)by striking the
			 period at the end of paragraph (5) and inserting a semicolon; and
			(2)by adding after
			 paragraph (5) the following:

					(6)to discriminate
				against any individual because such individual has opposed any act or practice
				made unlawful by section 6(h) or because such individual made a charge,
				testified, assisted, or participated in any manner in an investigation,
				proceeding, or hearing to enforce section 6(h); or
					(7)to discharge or in
				any other manner discriminate against, coerce, intimidate, threaten, or
				interfere with any employee or any other person because the employee inquired
				about, disclosed, compared, or otherwise discussed the employee's wages or the
				wages of any other employee, or because the employee exercised, enjoyed, aided,
				or encouraged any other person to exercise or enjoy any right granted or
				protected by section
				6(h).
					.
			5.Remedies
			(a)Enhanced
			 penaltiesSection 16(b) (29 U.S.C. 216(b)) is amended—
				(1)by inserting after
			 the first sentence the following: Any employer who violates subsection
			 (d) or (h) of section 6 shall additionally be liable for such compensatory or
			 punitive damages as may be appropriate, except that the United States shall not
			 be liable for punitive damages.;
				(2)in the sentence
			 beginning An action to, by striking either of the
			 preceding sentences and inserting any of the preceding sentences
			 of this subsection;
				(3)in the sentence
			 beginning No employees, by striking No employees
			 and inserting Except with respect to class actions brought under
			 subsection (f), no employee;
				(4)in the sentence
			 beginning The court in, by striking in such
			 action and inserting in any action brought to recover the
			 liability prescribed in any of the preceding sentences of this
			 subsection; and
				(5)by striking
			 section 15(a)(3) each place it occurs and inserting
			 paragraphs (3), (6), and (7) of section 15(a).
				(b)Action by
			 secretarySection 16(c) (29 U.S.C. 216(c)) is amended—
				(1)in the first
			 sentence—
					(A)by inserting
			 or, in the case of a violation of subsection (d) or (h) of section 6,
			 additional compensatory or punitive damages, before and the
			 agreement; and
					(B)by inserting
			 before the period the following: , or such compensatory or punitive
			 damages, as appropriate;
					(2)in the second
			 sentence, by inserting before the period the following: and, in the case
			 of a violation of subsection (d) or (h) of section 6, additional compensatory
			 or punitive damages; and
				(3)in the third
			 sentence, by striking the first sentence and inserting
			 the first or second sentence.
				(c)FeesSection
			 16 (29 U.S.C. 216) is amended by adding at the end the following:

					(f)In any action
				brought under this section for a violation of section 6(h), the court shall, in
				addition to any other remedies awarded to the prevailing plaintiff or
				plaintiffs, allow expert fees as part of the costs. Any such action may be
				maintained as a class action as provided by the Federal Rules of Civil
				Procedure.
					.
			6.Records
			(a)RecordsSection
			 11(c) (29 U.S.C. 211(c)) is amended—
				(1)by inserting
			 (1) after (c); and
				(2)by adding at the
			 end the following:

						(2)Every employer subject to section
				6(h) shall preserve records that document and support the method, system,
				calculations, and other bases used by the employer in establishing, adjusting,
				and determining the wage rates paid to the employees of the employer. Every
				employer subject to section 6(h) shall preserve such records for such periods
				of time, and shall make such reports from the records to the Equal Employment
				Opportunity Commission, as shall be prescribed by the Equal Employment
				Opportunity Commission by regulation or order as necessary or appropriate for
				the enforcement of the provisions of section 6(h) or any regulation promulgated
				pursuant to section
				6(h).
						.
				(b)Small business
			 exemptionsSection 11(c) (as amended by subsection (a)) is
			 further amended by adding at the end the following:

					(3)Every employer subject to section
				6(h) that has 25 or more employees on any date during the first or second year
				after the effective date of this paragraph, or 15 or more employees on any date
				during any subsequent year after such second year, shall, in accordance with
				regulations promulgated by the Equal Employment Opportunity Commission under
				paragraph (8), prepare and submit to the Equal Employment Opportunity
				Commission for the year involved a report signed by the president, treasurer,
				or corresponding principal officer, of the employer that includes information
				that discloses the wage rates paid to employees of the employer in each
				classification, position, or job title, or to employees in other wage groups
				employed by the employer, including information with respect to the sex, race,
				and national origin of employees at each wage rate in each classification,
				position, job title, or other wage
				group.
					.
			(c)Protection of
			 confidentialitySection 11(c) (as amended by subsections (a) and
			 (b)) is further amended by adding at the end the following:

					(4)The rules and regulations promulgated
				by the Equal Employment Opportunity Commission under paragraph (8), relating to
				the form of such a report, shall include requirements to protect the
				confidentiality of employees, including a requirement that the report shall not
				contain the name of any individual
				employee.
					.
			(d)Use;
			 inspections; examination; regulationsSection 11(c) (as amended
			 by subsections (a) through (c)) is further amended by adding at the end the
			 following:

					(5)The Equal Employment Opportunity
				Commission may publish any information and data that the Equal Employment
				Opportunity Commission obtains pursuant to the provisions of paragraph (3). The
				Equal Employment Opportunity Commission may use the information and data for
				statistical and research purposes, and compile and publish such studies,
				analyses, reports, and surveys based on the information and data as the Equal
				Employment Opportunity Commission may consider appropriate.
					(6)In order to carry out the purposes of
				this Act, the Equal Employment Opportunity Commission shall by regulation make
				reasonable provision for the inspection and examination by any person of the
				information and data contained in any report submitted to the Equal Employment
				Opportunity Commission pursuant to paragraph (3).
					(7)The Equal Employment Opportunity
				Commission shall by regulation provide for the furnishing of copies of reports
				submitted to the Equal Employment Opportunity Commission pursuant to paragraph
				(3) to any person upon payment of a charge based upon the cost of the
				service.
					(8)The Equal Employment Opportunity
				Commission shall issue rules and regulations prescribing the form and content
				of reports required to be submitted under paragraph (3) and such other
				reasonable rules and regulations as the Equal Employment Opportunity Commission
				may find necessary to prevent the circumvention or evasion of such reporting
				requirements. In exercising the authority of the Equal Employment Opportunity
				Commission under paragraph (3), the Equal Employment Opportunity Commission may
				prescribe by general rule simplified reports for employers for whom the Equal
				Employment Opportunity Commission finds that because of the size of the
				employers a detailed report would be unduly
				burdensome.
					.
			7.Research,
			 education, and technical assistance program; report to congressSection 4(d) (29 U.S.C. 204(d)) is amended
			 by adding at the end the following:

				(4)The Equal Employment Opportunity
				Commission shall conduct studies and provide information and technical
				assistance to employers, labor organizations, and the general public concerning
				effective means available to implement the provisions of section 6(h)
				prohibiting wage rate discrimination between employees performing work in
				equivalent jobs on the basis of sex, race, or national origin. Such studies,
				information, and technical assistance shall be based on and include reference
				to the objectives of such section to eliminate such discrimination. In order to
				achieve the objectives of such section, the Equal Employment Opportunity
				Commission shall carry on a continuing program of research, education, and
				technical assistance including—
					(A)conducting and promoting research with
				the intent of developing means to expeditiously correct the wage rate
				differentials described in section 6(h);
					(B)publishing and otherwise making
				available to employers, labor organizations, professional associations,
				educational institutions, the various media of communication, and the general
				public the findings of studies and other materials for promoting compliance
				with section 6(h);
					(C)sponsoring and assisting State and
				community informational and educational programs; and
					(D)providing technical assistance to
				employers, labor organizations, professional associations and other interested
				persons on means of achieving and maintaining compliance with the provisions of
				section 6(h).
					(5)The report submitted biennially by
				the Secretary to Congress under paragraph (1) shall include a separate
				evaluation and appraisal regarding the implementation of section
				6(h).
				.
		8.Conforming
			 amendments
			(a)Congressional
			 employees
				(1)ApplicationSection
			 203(a)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1313(a)(1))
			 is amended—
					(A)by striking
			 subsections (a)(1) and (d) of section 6 and inserting
			 subsections (a)(1), (d), and (h) of section 6; and
					(B)by striking
			 206 (a)(1) and (d) and inserting 206 (a)(1), (d), and
			 (h).
					(2)RemediesSection
			 203(b) of such Act (2 U.S.C. 1313(b)) is amended by inserting before the period
			 the following: or, in an appropriate case, under section 16(f) of such
			 Act (29 U.S.C. 216(f)).
				(b)Executive branch
			 employees
				(1)ApplicationSection
			 413(a)(1) of title 3, United States Code, as added by section 2(a) of the
			 Presidential and Executive Office Accountability Act (Public Law 104–331; 110
			 Stat. 4053), is amended by striking subsections (a)(1) and (d) of
			 section 6 and inserting subsections (a)(1), (d), and (h) of
			 section 6.
				(2)RemediesSection
			 413(b) of such title is amended by inserting before the period the following:
			 or, in an appropriate case, under section 16(f) of such
			 Act.
				9.Effective
			 dateThe amendments made by
			 this Act shall take effect 1 year after the date of enactment of this
			 Act.


116 S4314 IS: Retaining Educators Takes Added Investment Now Act
U.S. Senate
2020-07-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
116th CONGRESS2d Session
S. 4314
IN THE SENATE OF THE UNITED STATES

July 23, 2020
Mr. Durbin (for himself, Ms. Baldwin, and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL
To amend the Internal Revenue Code of 1986 to address the teacher and school leader shortage in early childhood, elementary, and secondary education, and for other purposes.

1.Short titleThis Act may be cited as the Retaining Educators Takes Added Investment Now Act or the RETAIN Act. 2.PurposeThe purpose of this Act is to create a refundable tax credit for early childhood educators, teachers, early childhood education program directors, school leaders, and school-based mental health services providers in early childhood, elementary, and secondary education settings that rewards retention based on the time spent serving high-need students.
3.FindingsCongress finds the following: (1)The shortage of experienced, qualified early childhood educators and elementary school and secondary school teachers is a national problem that compromises the academic outcomes and long-term success of students.
(2)The shortage is the result of many factors including low pay, frequent turnover in school leadership, poor teaching conditions, and inadequate teacher supports. (3)The shortage is worse in high-poverty areas where the factors contributing to the shortage are particularly acute and have an increased negative impact on teachers of color remaining in the field.
(4)A child’s access to high-quality early childhood education is critical to supporting positive outcomes, and early childhood educators— (A)play an important role in setting the foundation for future learning, and
(B)promote the development of vital skills, habits, and mindsets that children need to be successful in school and in life. (5)In 2015, the national median pay of early childhood educators was a mere $28,570, with many early childhood educators relying on government assistance programs such as Medicaid, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), or the temporary assistance for needy families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), and struggling to provide for their own families.
(6)Studies have demonstrated that well-qualified, experienced teachers are the single most important school-based element contributing to a child’s academic achievement and success. (7)In 2016, the average teacher salary in public elementary schools and secondary schools was only $58,950, which is on average 21.4 percent less than other college graduates working in non-teaching fields, and with many teachers struggling with large amounts of student loan debt.
(8)An experienced, well-qualified education workforce must also be reflective of the diversity of the student body across race, ethnicity, and disability. (9)Experienced, well-qualified school leaders and school-based mental health service providers are essential for providing strong educational opportunities and services for students and promoting teacher retention through improved professional supports and teaching conditions.
4.Refundable tax credit for teacher and school leader retention
(a)In generalSubpart C of part IV of subchapter A of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section:  36C.Teacher and school leader retention credit (a)Allowance of credit (1)In generalIn the case of an individual who is employed in a position described in paragraph (2) during a school year ending with or within the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable amount (as determined under subsection (b)).
(2)Eligible positionsThe positions described in this paragraph shall consist of the following: (A)An eligible early childhood educator.
(B)An eligible early childhood education program director. (C)An eligible early childhood education provider.
(D)An eligible teacher. (E)An eligible paraprofessional.
(F)An eligible school-based mental health services provider. (G)An eligible school leader.
(b)Applicable amount
(1)In generalFor purposes of this section, the applicable amount shall be an amount determined based on the number of school years for which the individual has been continuously employed in any position described in subsection (a)(2), as follows: (A)Subject to paragraph (2), for the first year of employment, $5,800.
(B)For the second continuous year of employment, $5,800. (C)For the third and fourth continuous year of employment, $7,000.
(D)For the fifth, sixth, seventh, eighth, and ninth continuous year of employment, $8,700. (E)For the tenth continuous year of employment, $11,600.
(F)For the eleventh, twelfth, thirteenth, fourteenth, and fifteenth continuous year of employment, $8,700. (G)For the sixteenth continuous year of employment, $7,000.
(H)For the seventeenth, eighteenth, nineteenth, and twentieth continuous year of employment, $5,800. (2)First yearFor purposes of the first year of employment ending with or within a taxable year, an individual must have been so employed for a period of not less than 4 months before the first day of such taxable year.
(3)Limitation based on total number of school yearsIn the case of any individual who has been employed in any position described in subsection (a)(2) for a total of more than 20 school years, the applicable amount shall be reduced to zero. (c)Inflation adjustment (1)In generalIn the case of any taxable year beginning after 2021, each of the dollar amounts in subsection (b)(1) shall be increased by an amount equal to—
(A)such dollar amount, multiplied by (B)the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof.
(2)RoundingIf any increase determined under paragraph (1) is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100. (d)Supplementing, not supplanting, State and local education funds (1)In generalA State educational agency or local educational agency shall not reduce or adjust any compensation, or any assistance provided through a loan forgiveness program, to an employee of the State educational agency or local educational agency who serves in any position described in subsection (a)(2) due to the individual's eligibility for the credit under this section.
(2)MethodologyUpon request by the Secretary of Education, a State educational agency or local educational agency shall reasonably demonstrate that the methodology used to allocate amounts for compensation and for loan forgiveness to the employees described in paragraph (1) at qualifying schools or qualifying early childhood education programs ensures that employees at each qualifying school or qualifying early childhood education program in the State or served by the local educational agency, respectively, receive the same amount of State or local funds for compensation and loan forgiveness that the qualifying school or qualifying early childhood education program would receive if the credit under this section had not been enacted. (e)Information sharingThe Secretary of Education and the Secretary of Health and Human Services shall provide the Secretary with such information as is necessary for purposes of determining whether an early childhood education program or an elementary school or secondary school satisfies the requirements for a qualifying early childhood education program or a qualifying school, respectively.
(f)DefinitionsFor purposes of this section— (1)ESEA definitionsThe terms elementary school, local educational agency, secondary school, and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2)Eligible early childhood education program directorThe term eligible early childhood education program director means an employee or officer of a qualifying early childhood education program who is responsible for the daily instructional leadership and managerial operations of such program.  (3)Eligible early childhood education providerThe term eligible early childhood education provider means an individual—
(A)who— (i)has an associate’s degree or higher degree in early childhood education or a related field, or
(ii)is enrolled during the taxable year in a program leading to such an associate’s or higher degree and is making satisfactory progress toward such degree, and (B)who is responsible for the daily instructional leadership and managerial operations of a qualifying early childhood education program in a home-based setting.
(4)Eligible early childhood educatorThe term eligible early childhood educator means an individual— (A)who—
(i)has an associate’s degree or higher degree in early childhood education or a related field, or (ii)is enrolled during the taxable year in a program leading to such an associate’s or higher degree and is making satisfactory progress toward such degree,
(B)who has credentials or a license under State law for early childhood education, as applicable, and (C)whose primary responsibility is for the learning and development of children in a qualifying early childhood education program during the taxable year.
(5)Eligible ParaprofessionalThe term eligible paraprofessional means an individual— (A)who is a paraprofessional, as defined in section 3201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7011),
(B)who meets the applicable State professional standards and qualifications pursuant to section 1111(g)(2)(M) of such Act (20 U.S.C. 6311(g)(2)(M)), (C)whose primary responsibilities involve working or assisting in a classroom setting, and
(D)who is employed in a qualifying school or a qualifying early childhood education program.  (6)Eligible school-based mental health services providerThe term eligible school-based mental health services provider means an individual—
(A)described in section 4102(6) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112(6)), and (B)who is employed in a qualifying school or a qualifying early childhood education program.
(7)Eligible school leaderThe term eligible school leader means a principal, assistant principal, or other individual who is— (A)an employee or officer of a qualifying school, and
(B)responsible for the daily instructional leadership and managerial operations in the qualifying school.  (8)Eligible teacherThe term eligible teacher means an individual who—
(A)is an elementary school or secondary school teacher who, as determined by the State or local educational agency, is a teacher of record who provides direct classroom teaching (or classroom-type teaching in a nonclassroom setting) to students in a qualifying school, and (B)meets applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, in the State in which such school is located and in the subject area in which the individual is the teacher of record.
(9)Qualifying early childhood education program
(A)In generalThe term qualifying early childhood education program means an early childhood education program, as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003), that, regardless of setting— (i)serves children who receive services for which financial assistance is provided in accordance with the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766), and
(ii)participates in a State tiered and transparent system for measuring program quality. (B)Special ruleNotwithstanding subparagraph (A), an early childhood program that does not satisfy the requirements of subparagraph (A)(ii) shall be deemed to be a qualifying early childhood education program until September 30, 2021, if the program—
(i)satisfies all requirements of subparagraph (A) except for clause (ii) of such subparagraph, and (ii) (I) meets the Head Start program performance standards described in section 641A(a) of the Head Start Act (42 U.S.C. 983a(a)), if applicable, or
(II)is accredited by a national accreditor of early learning programs as of the date of enactment of the Retaining Educators Takes Added Investment Now Act. (10)Qualifying schoolThe term qualifying school means—
(A)a public elementary school or secondary school that— (i)is in the school district of a local educational agency that is eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), or
(ii)is served or operated by an educational service agency that is eligible for such assistance, or (B)an elementary school or secondary school that is funded by the Bureau of Indian Education and that is in the school district of a local educational agency that is eligible for such assistance..
(b)W–2 reporting of continuous employment for certain positions at qualifying early childhood education programs or qualifying schoolsSection 6051(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting , and, and by inserting after paragraph (17) the following new paragraph:  (18)in the case of an employee who is employed in a position described in subsection (a)(2) of section 36C, the number of school years for which such employee has been continuously employed in any such position..
(c)Conforming amendments
(1)The table of sections for subpart C of part IV of subchapter A of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following:  Sec. 36C. Teacher and school leader retention credit.. (2)Section 6211(b)(4)(A) of such Code is amended by striking and 36B, 168(k)(4) and inserting 36B, and 36C.
(3)Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B,. (d)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.
5.Developing interagency data seriesThe Secretary of Labor, in coordination with the Secretary of Treasury, the Secretary of Education, and the Secretary of Health and Human Services, shall— (1)develop and publish on the internet website of the Bureau of Labor Statistics a data series that captures—
(A)the average base salary of teachers in elementary schools and secondary schools, disaggregated by— (i)employment in public elementary schools and secondary schools that receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.),
(ii)employment in public elementary schools and secondary schools that do not receive such assistance, and (iii)geographic region, and
(B)the average base salary of early childhood educators, disaggregated by highest level of degree attained, and (2)update the data series under paragraph (1) on an annual basis.


		II
		Calendar No. 508
		110th CONGRESS
		1st Session
		S. 1970
		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 Pensions

			November 15, 2007
			Reported by Mr. Kennedy,
			 with an amendment and an amendment to the title
			Strike out all after the enacting clause and insert
			 the part printed in italic

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

		1.Short titleThis Act may be cited as the
			 Addressing the Disaster Needs of
			 Children Act of 2007.
		INational
			 Commission on Children and Disasters
			101.Establishment
			 of CommissionThere is
			 established in the legislative branch the National Commission on Children and
			 Disasters (in this title referred to as the Commission).
			102.Purposes of
			 CommissionThe purposes of the
			 Commission are to—
				(1)examine, assess,
			 and report upon the facts and causes relating to the needs of children before,
			 during, and after all hazards, disasters, and emergencies;
				(2)build upon the
			 investigations of other entities and avoid unnecessary duplication, by
			 reviewing the findings, conclusions, and recommendations of other executive
			 branch, congressional, or independent commissions, or nongovernmental entities,
			 relating to the needs of children before, during, and after all hazards,
			 disasters, and emergencies; and
				(3)investigate and
			 report to the President and Congress on its findings, conclusions, and
			 recommendations for measures that can be taken to address fully the needs of
			 children before, during, and after all hazards, disasters, and
			 emergencies.
				103.Composition of
			 Commission
				(a)MembersThe
			 Commission shall be composed of 10 members, of whom—
					(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;
					(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;
					(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)Political party
			 affiliationNot more than 5 members of the Commission shall be
			 from the same political party.
				(c)Governmental
			 appointeesAn individual appointed to the Commission may not be
			 an elected official of the Federal Government or any State or local
			 government.
				(d)Member
			 expertise
					(1)In
			 generalNot less than 1 member of the Commission shall have
			 demonstrated expertise in—
						(A)child 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)emergency
			 mitigation, preparedness, recovery, and response activities relevant to
			 children and families.
						(2)Nongovernmental
			 expertiseAt least 1 member of the Commission shall be from a
			 private nonprofit, private for-profit, or philanthropic entity with
			 demonstrated expertise in addressing the needs of children before, during, and
			 after all hazards, disasters, and emergencies.
					(e)Deadline for
			 appointmentAll members of the Commission shall be appointed not
			 later than 60 days after the date of enactment of this Act.
				(f)Initial
			 meetingThe Commission shall meet and begin the operations of the
			 Commission not later than 90 days after the date of enactment of this
			 Act.
				(g)Quorum;
			 vacanciesAfter its initial meeting, the Commission shall meet at
			 the call of the chairperson or a majority of the members of the Commission. Six
			 members of the Commission shall constitute a quorum for purposes of conducting
			 business. 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.
				104.Functions of
			 the CommissionThe Commission
			 shall—
				(1)conduct an
			 investigation 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 of—
						(i)child health,
			 including physical and mental health;
						(ii)child
			 care;
						(iii)child
			 welfare;
						(iv)primary
			 education;
						(v)housing;
						(vi)transportation;
						(vii)juvenile
			 justice;
						(viii)public finance
			 mechanisms; and
						(ix)relevant
			 activities in emergency mitigation, preparedness, response, and
			 recovery;
						(2)identify, review,
			 and evaluate existing laws relevant to the needs of children before, during,
			 and after all hazards, disasters, and emergencies;
				(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, relative to addressing fully the needs of children
			 before, during, and after all hazards, disasters, and emergencies; and
				(4)submit to the
			 President and Congress such reports as required by this title containing such
			 findings, conclusions, and recommendations for measures as the Commission shall
			 determine appropriate, including proposing organization, planning,
			 coordination, management, and financial policies, arrangements, procedures,
			 rules, and regulations.
				105.Powers of the
			 Commission
				(a)In
			 general
					(1)Hearings and
			 evidenceThe Commission may, for the purpose of carrying out this
			 title hold such hearings and sit and act at such times and places, take such
			 testimony, receive such evidence, and administer such oaths as may be necessary
			 to carry out the functions of the Commission.
					(2)Witness
			 allowances and fees
						(A)In
			 generalSection 1821 of title 28, United States Code, shall apply
			 to a witness requested to appear at a hearing of the Commission.
						(B)ExpensesThe
			 per diem and mileage allowances for a witness shall be paid from funds
			 available to pay the expenses of the Commission.
						(b)ContractingThe
			 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
					(1)In
			 generalThe Commission is authorized to secure directly from any
			 executive department, bureau, agency, board, commission, office, independent
			 establishment, or instrumentality of the Federal Government, information,
			 suggestions, estimates, and statistics for the purposes of this title. 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.
					(2)Receipt,
			 handling, storage, and disseminationInformation 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.
					(d)Assistance from
			 Federal agencies
					(1)General services
			 administrationThe 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 functions.
					(2)Other
			 departments and agenciesIn 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
			 may be authorized by law.
					(e)Postal
			 servicesThe Commission may use the United States mails in the
			 same manner and under the same conditions as departments and agencies of the
			 United States.
				106.Staff of
			 Commission
				(a)In
			 general
					(1)Appointment and
			 compensationThe 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.
					(2)Personnel as
			 Federal employees
						(A)In
			 generalThe provisions of the Federal Advisory Committee Act (5
			 U.S.C. App) shall apply to the staff director and any personnel of the
			 Commission.
						(B)Members of
			 CommissionSubparagraph (A) shall not be construed to apply to
			 members of the Commission.
						(b)DetaileesAny
			 Federal Government employee may be detailed to the Commission without
			 reimbursement from the Commission, and such detailee shall retain the rights,
			 status, and privileges or his or her regular employment without
			 interruption.
				(c)Consultant
			 servicesThe 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.
				107.Compensation
			 and travel expenses
				(a)CompensationEach
			 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
			 expensesWhile away from their homes or regular places of
			 business in the performance of services for the Commission, members of the
			 Commission shall be allowed travel expenses, including per diem in lieu of
			 subsistence, in the same manner as persons employed intermittently in the
			 Government service are allowed expenses under section 5703(b) of title 5,
			 United States Code.
				108.Reports of the
			 Commission; termination
				(a)Interim
			 reportsThe Commission may submit to the President and Congress
			 interim reports containing such findings, conclusions, and recommendations for
			 measures as have been agreed to by a majority of Commission members.
				(b)Final
			 reportNot later than 16 months after the date of the enactment
			 of this Act, the Commission shall submit to the President and Congress a final
			 report containing such findings, conclusions, and recommendations for measures
			 as have been agreed to by a majority of Commission members.
				(c)Termination
					(1)In
			 generalThe Commission, and all the authorities of this title,
			 shall terminate 60 days after the date on which the final report is submitted
			 under subsection (b).
					(2)Administrative
			 activities before terminationThe 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 report.
					109.Authorization
			 of appropriationsThere is
			 authorized to be appropriated to carry out this title, $2,000,000 for each of
			 fiscal years 2008 and 2009.
			IINational Resource
			 Center on Children and Disasters
			201.Establishment
			 of Resource CenterThe
			 Secretary of Health and Human Services (in this title referred to as the
			 Secretary) shall establish a National Resource Center on
			 Children and Disasters (in this title referred to as the
			 Center).
			202.Purpose of the
			 CenterThe Center shall
			 provide resource information to Federal, State, local, and tribal governments,
			 as well as to other nongovernmental entities, on issues relating to the needs
			 of children before, during, and after all hazards, disasters, and
			 emergencies.
			203.Functions of
			 the CenterThe 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).
				204.Collaboration
			 and coordination
				(a)CollaborationIn
			 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
			 understandingNot 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)ConsultationIn
			 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.
					205.Authority to
			 enter into contractsThe
			 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.
			206.Authorization
			 of appropriationsThere is
			 authorized to be appropriated to carry out this title $1,500,000 for each of
			 fiscal years 2008 and 2009.

		1.Short titleThis Act may be cited as the
			 Kids in Disasters Well-being, Safety,
			 and Health Act of 2007.
		2.DefinitionsIn this Act:
			(1)All
			 hazardsThe term all hazards has the meaning given
			 the term hazard under section 602(a)(1) of the Robert T.
			 Stafford Disaster Relief and Assistance Act (42 U.S.C. 5195a), and includes
			 natural disasters, acts of terrorism, and other man-made disasters.
			(2)Child;
			 childrenThe terms
			 child and children mean an individual or individuals,
			 respectively, who have not attained 18 years of age.
			(3)EmergencyThe
			 term emergency has the meaning given such term under section
			 102(1) of the Robert T. Stafford Disaster Relief and Assistance Act (42 U.S.C.
			 5122(1)).
			(4)Major
			 disasterThe term major disaster has the meaning
			 given such term under section 102(2) of the Robert T. Stafford Disaster Relief
			 and Assistance Act (42 U.S.C. 5122(2)).
			3.Establishment of
			 CommissionThere is
			 established a commission to be known as the National Commission on
			 Children and Disasters (referred to in this Act as the
			 Commission).
		4.Purposes of
			 CommissionThe 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 evaluations 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.
			5.Composition of
			 Commission
			(a)MembersThe
			 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,
			 vice-chairperson, and meetingsNot later than 30 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.
			(c)Governmental
			 appointeesAn individual appointed to the Commission may not be
			 an official or employee of the Federal Government.
			(d)Commission
			 representationThe Commission
			 shall include at least one—
				(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
				(2)State emergency manager or local emergency
			 manager.
				(e)QualificationsMembers appointed under subsection (a) may
			 include—
				(1)individuals involved with providing
			 services to children, including health, education, housing, and other social
			 services;
				(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 in all hazards,
			 including major disasters and emergencies;
				(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 related to addressing the needs of children in all
			 hazards, including major disasters and emergencies.
				(f)Initial
			 meetingThe Commission shall meet and begin the operations of the
			 Commission not later than 120 days after the appointment of members of the
			 Commission.
			(g)Quorum and
			 vacancy
				(1)QuorumA majority of the members of the Commission
			 shall constitute a quorum, but a lesser number of members may hold
			 hearings.
				(2)VacancyAny
			 vacancy in the Commission shall not affect its powers and shall be filled in
			 the same manner in which the original appointment was made.
				6.Duties of
			 CommissionThe Commission
			 shall—
			(1)conduct pursuant to section 4(2) 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)child physical health,
			 mental health, and trauma;
				(B)child care in all
			 settings;
				(C)child welfare;
				(D)elementary and secondary
			 education;
				(E)sheltering, temporary
			 housing, and affordable housing;
				(F)transportation;
				(G)juvenile justice;
				(H)evacuation; and
				(I)relevant activities in
			 emergency management;
				(2)identify, review, and evaluate existing
			 laws, 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;
			(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, and
			 legislative changes as the Commission considers appropriate.
			7.Powers of
			 Commission
			(a)HearingsThe
			 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
			 generalThe Commission may
			 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 as the Commission considers necessary to carry out
			 this Act.
				(2)Provision of
			 informationOn 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, provide the requested information to the Commission.
				(3)Receipt, handling,
			 storage, and disseminationInformation 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
			 administrationOn 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 assistance necessary for the Commission to carry out its duties.
				(2)Other departments and
			 agenciesIn addition to the assistance provided for under
			 paragraph (1), departments and agencies of the United States may provide to the
			 Commission such assistance as they may determine advisable and as authorized by
			 law.
				(d)ContractingThe
			 Commission may enter into contracts to enable the Commission to discharge its
			 duties under this Act.
			(e)DonationsThe
			 Commission may accept, use, and dispose of donations of services or
			 property.
			(f)Postal
			 servicesThe 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.
			8.Staff of
			 Commission
			(a)In
			 generalThe 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
			 agenciesUpon 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
			 servicesThe 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.
			9.Travel
			 expensesEach 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.
		10.Federal Advisory
			 Committee Act applicabilityThe provisions of the Federal Advisory
			 Committee Act shall apply to the Commission, including the staff of the
			 Commission.
		11.Reports of Commission;
			 termination
			(a)Interim
			 reportThe Commission shall, not later than 1 year after the date
			 of its first meeting, 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)Other reports and
			 information
				(1)ReportsThe
			 Commission may issue additional reports as the Commission determines
			 necessary.
				(2)InformationThe
			 Commission may hold public hearings to collect information and shall make such
			 information available for use by the public.
				(c)Final
			 reportThe Commission shall,
			 not later than 2 years after the date of its first meeting, 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.
			(d)Termination
				(1)In
			 generalThe 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)RecordsNot
			 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.
				12.Authorization of
			 appropriationsThere is
			 authorized to be appropriated to carry out this Act, $1,500,000 for each of
			 fiscal years 2008 and 2009.
		13.Rule of
			 constructionNothing in this
			 Act shall be construed to confer on the Commission purposes and duties that are
			 the responsibility of the Congress.
		Amend the title so as to read:
	 A bill to establish a National Commission on Children and Disasters, and
	 for other purposes..

		November 15, 2007
		Reported with an amendment and an amendment to the
		  title