[House Report 110-425]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-425
======================================================================
KIDS IN DISASTERS WELL-BEING, SAFETY, AND HEALTH ACT OF 2007
_______
November 5, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3495]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3495) to establish a National
Commission on Children and Disasters, a National Resource
Center on Children and Disasters, and for other purposes,
having considered the same, report favorably thereon with
amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids in Disasters Well-being, Safety,
and Health Act of 2007''.
SEC. 2. DEFINITION.
In this Act, the terms ``child'' and ``children'' mean an individual
or individuals, respectively, who have not attained 18 years of age.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Commission on Children and Disasters'' (referred to in this Act as the
``Commission'').
SEC. 4. PURPOSES OF COMMISSION.
The purposes of the Commission are to--
(1) conduct a comprehensive study to examine and assess the
needs of children as they relate to preparation for, response
to, and recovery from all hazards, including major disasters
and emergencies;
(2) build upon the investigations of other entities and avoid
unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of other commissions, Federal,
State, and local governments, or nongovernmental entities,
relating to the needs of children as they relate to preparation
for, response to, and recovery from all hazards, including
major disasters and emergencies; and
(3) submit a report to the President and Congress on specific
findings, conclusions, and recommendations to address the needs
of children as they relate to preparation for, response to, and
recovery from all hazards, including major disasters and
emergencies.
SEC. 5. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President;
(2) 1 member, who is of a different political party than that
of the member appointed under paragraph (1), shall be appointed
by the President;
(3) 2 members shall be appointed by the majority leader of
the Senate;
(4) 2 members shall be appointed by the minority leader of
the Senate;
(5) 2 members shall be appointed by the Speaker of the House
of Representatives; and
(6) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Chairperson and Vice-Chairperson Selection.--The Chairperson and
Vice Chairperson shall be elected from among members of the Commission.
(c) Governmental Appointees.--An individual appointed to the
Commission may not be an official or employee of the Federal
Government.
(d) Commission Representation.--The Commission shall include--
(1) representatives from private nonprofit entities with
demonstrated expertise in addressing the needs of children as
they relate to preparation for, response to, and recovery from
all hazards, including major disasters and emergencies; and
(2) State emergency managers and local emergency managers.
(e) Qualifications.--Members appointed under subsection (a) shall
include--
(1) individuals involved with providing services to children,
including health, education, housing, and other social
services, including grant and entitlement programs;
(2) individuals with experience in emergency management,
including coordination of resources and services among State
and local governments, the Federal Government, and
nongovernmental entities;
(3) individuals with philanthropic experience focused on the
needs of children;
(4) individuals with experience in providing donated goods
and services, including personnel services, to meet the needs
of children and families as they relate to preparation for,
response to, and recovery from all hazards, including major
disasters and emergencies; and
(5) individuals who have conducted academic research into
related issues.
(f) Appointments.--All members of the Commission shall be appointed
not later than 90 days after the date of enactment of this Act.
(g) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission not later than 120 days after the date of
enactment of this Act.
(h) Quorum and Vacancy.--
(1) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(2) Vacancy.--Any vacancy in the Commission shall not affect
its powers and shall be filled in the same manner in which the
original appointment was made.
SEC. 6. DUTIES OF COMMISSION.
The Commission shall--
(1) conduct a comprehensive study that examines and assesses
the needs of children as they relate to preparation for,
response to, and recovery from all hazards, including major
disasters and emergencies, including specific findings relating
to--
(A) children's physical and mental health;
(B) child care, including in private for-profit and
nonprofit settings;
(C) child welfare;
(D) elementary and secondary education;
(E) sheltering, temporary housing, and affordable
housing;
(F) transportation;
(G) entitlement and grant programs;
(H) juvenile justice;
(I) evacuation; and
(J) relevant activities in emergency management;
(2) identify, review, and evaluate existing law relevant to
the needs of children as they relate to preparation for,
response to, and recovery from all hazards, including major
disasters and emergencies;
(3) identify, review, and evaluate the lessons learned from
past disasters and emergencies relative to addressing the needs
of children; and
(4) submit a report to the President and Congress on the
Commission's specific findings, conclusions, and
recommendations to address the needs of children as they relate
to preparation for, response to, and recovery from all hazards,
including major disasters and emergencies, including specific
recommendations on the need for planning and establishing a
national resource center on children and disasters,
coordination of resources and services, administrative actions,
policies, regulations, financing, and legislative changes as
the Commission considers appropriate.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, meet and act at
such times and places, and receive such evidence as may be necessary to
carry out the functions of the Commission.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from any
executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Federal Government such information, suggestions, estimates,
and statistics as the Commission considers necessary to carry
out this Act.
(2) Provision of information.--On request of the Chairperson
of the Commission, each department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law, provide
the requested information to the Commission
(3) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(c) Assistance From Federal Agencies.--
(1) General services administration.--On request of the
Chairperson of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimbursable
basis, administrative support and other services necessary for
the Commission to carry out its duties.
(2) Other departments and agencies.--In addition to the
assistance provided for under paragraph (1), departments and
agencies of the United States may provide to the Commission
such services as they may determine advisable and as authorized
by law.
(d) Contracting.--The Commission may enter into contracts to enable
the Commission to discharge its duties under this Act.
(e) Donations.--The Commission may accept, use, and dispose of
donations of services or property.
(f) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as a department or
agency of the United States.
SEC. 8. STAFF OF COMMISSION.
(a) In General.--The Chairperson of the Commission, in consultation
with the Vice Chairperson, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a staff director
and such other personnel as may be necessary to enable the Commission
to carry out its functions, in accordance with the provisions of title
5, United States Code, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of title 5, United
States Code.
(b) Staff of Federal Agencies.--Upon request of the Chairperson of
the Commission, the head of any executive department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality of the Federal Government may detail, without
reimbursement, any of its personnel to the Commission to assist it in
carrying out its duties under this Act. Any detail of an employee shall
be without interruption or loss of civil service status or privilege.
(c) Consultant Services.--The Commission is authorized to procure the
services of experts and consultants in accordance with section 3109 of
title 5, United States Code, but at rates not to exceed the daily rate
paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 9. TRAVEL EXPENSES.
Each member of the Commission shall serve without compensation, but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions in the same
manner as persons employed intermittently in the Government service are
allowed expenses under section 5703 of title 5, United States Code.
SEC. 10. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.
The provisions of the Federal Advisory Committee Act shall apply to
the Commission, including the staff of the Commission.
SEC. 11. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Report.--Not later than December 31, 2008, the Commission
shall submit to the President and Congress an interim report containing
specific findings, conclusions, and recommendations required under this
Act as have been agreed to by a majority of Commission members.
(b) Final Report.--Not later than 24 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing specific findings, conclusions, and
recommendations required under this Act as have been agreed to by a
majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 180 days after the date on which the
final report is submitted under subsection (b).
(2) Records.--Not later than the date of termination of the
Commission under paragraph (1), all records and papers of the
Commission shall be delivered to the Archivist of the United
States for deposit in the National Archives.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
$2,000,000 for each of fiscal years 2008 and 2009.
Amend the title so as to read:
A bill to establish a National Commission on Children and
Disasters, and for other purposes.
PURPOSE OF THE LEGISLATION
H.R. 3495, as amended, establishes a National Commission on
Children and Disasters.
BACKGROUND AND NEED FOR LEGISLATION
Hurricane Katrina exposed many problems with our nation's
ability to meet the needs of children during disasters.
Approximately, one-fourth of the people who lived in areas
damaged or flooded by Hurricane Katrina were under age 18. More
than 400,000 children under the age of five lived in or were
evacuated from counties and parishes that were declared
disaster areas by the Federal Emergency Management Agency
(``FEMA'') in response to Hurricane Katrina. The vulnerability
of this population presented many unique obstacles. For
example, 5,192 children were reported missing or displaced to
the National Center for Missing and Exploited Children as a
result of the hurricanes, and it took 6\1/2\ months to reunite
the last child separated from her family. In addition, 1,100
schools were closed immediately following Hurricane Katrina.
Two years later, only 45 percent of New Orleans schools have
reopened. These statistics reveal the importance of examining
the special needs of children in preparation for, response to,
and recovery from emergencies and disasters.
The purposes of the Commission are to: (1) conduct a
comprehensive study to examine and assess the needs of children
as they relate to preparation for, response to, and recovery
from all hazards, including major disasters and emergencies;
(2) build upon and review the recommendations of other
government and nongovernmental entities that work on issues
relating to the needs of children in disasters; and (3) report
to the President and Congress on its specific findings,
conclusions, and recommendations to address the needs of
children as they relate to preparation for, response to, and
recovery from all hazards, including disasters and emergencies.
More specifically, the Commission is tasked with
investigating the needs of children facing disasters in the
areas of children's health, child welfare, elementary and
secondary education, affordable housing, transportation, and
relevant activities in emergency mitigation, preparedness,
response, and recovery.
The Commission consists of 10 members: two members
appointed by the President, two members appointed by the
Speaker of the House, two members appointed by the House
Minority Leader, two members appointed by the Senate Majority
Leader, and two members appointed by the Senate Minority
Leader. The bill provides that Commission members include
representatives from private nonprofit entities and State
emergency managers and local emergency managers.
The Commission is required to submit a final report to the
President and Congress on its specific findings, conclusions,
and recommendations.
The Committee also encourages FEMA to clarify its
regulations concerning the eligibility of private nonprofit
child care centers. The Committee notes that private nonprofit
child care centers are eligible facilities under section 406,
Repair, Restoration, and Replacement of Damaged Facilities, of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5172). Further, FEMA has recognized the
eligibility of child care centers in FEMA Public Assistance
Policy 9521.3 ``Private Nonprofit Facility (PNP) Eligibility'',
issued on July 18, 2007. However, FEMA's regulations on private
nonprofit facilities (44 CFR 206.221(e)) do not specifically
list child care facilities as eligible. As a result, the
Committee is concerned that this omission has caused confusion
in the implementation of assistance to these facilities. The
Committee strongly encourages FEMA to amend it regulations to
clarify the eligibility of private nonprofit child care
facilities. Within six months of the date of enactment of this
Act, the Committee requires FEMA to submit a report to the
Committee on the status of this rulemaking.
SUMMARY OF THE LEGISLATION
Section 1. Short title
Section 1 of the bill states that the short title of the
Act is the ``Kids in Disasters Well-being, Safety, and Health
Act of 2007''.
Section 2. Definition
Section 2 defines ``child'' and ``children'' as an
individual or individuals, respectively, who have not attained
18 years of age.
Section 3. Establishment of Commission
Section 3 establishes a commission to be known as the
``National Commission on Children in Disasters''.
Section 4. Purposes of Commission
Section 4 provides the purposes of the Commission. The
purpose are to: (1) conduct a comprehensive study to examine
and assess the needs of children as they relate to preparation
for, response to, and recovery from all hazards, including
major disasters and emergencies; (2) build upon the
investigations of other entities and avoid unnecessary
duplication by reviewing their findings, conclusions, and
recommendations; and (3) submit a report to the President and
Congress on the Commission's specific findings, conclusions,
and recommendations to address the needs of children as they
relate to preparation for, response to, and recovery from all
hazards, including major disasters and emergencies.
Section 5. Composition of Commission
The Commission is to be comprised of 10 members: two
appointed by the President (each must be of a separate
political party), two appointed by the Speaker of the House,
two appointed by the House Minority Leader, two appointed by
the Senate Majority Leader, and two appointed by the Senate
Minority Leader. The Chairperson and Vice Chairperson shall be
elected from among members of the Commission.
The Commission shall include representatives from private
nonprofit entities with demonstrated expertise in addressing
the needs of children as they relate to preparation for,
response to, and recovery from all hazards, including major
disasters and emergencies. The Commission shall also include
state emergency managers and local emergency managers. Section
5 also provides the qualifications for members appointed to the
Commission.
All appointments to the Commission shall be made not later
than 90 days after the date of enactment. The initial meeting
of the Commission shall occur not later than 120 days after the
date of enactment. A majority of members of the Commission
shall constitute a quorum but a lesser number of members may
hold hearings. Any vacancy in the Commission shall not affect
its powers and shall be filled in the same manner in which the
original appointment was made.
Section 6. Duties of Commission
Section 6 provides the duties of the Commission. The
Commission shall: (1) conduct a comprehensive study to examine
and assess the needs of children as they relate to preparation
for, response to, and recovery from all hazards, including
major disasters and emergencies. The study will include
specific findings relating to: children's physical and mental
health; child care, including in private for-profit and
nonprofit settings; child welfare; elementary and secondary
education; sheltering, temporary housing, and affordable
housing; transportation; entitlement and grant programs;
juvenile justice; evacuation; and other relevant activities in
emergency management; (2) identify, review, and evaluate
existing laws relevant to the needs of children; (3) identify,
review, and evaluate lessons learned from past disasters; and
(4) submit a report to the President and Congress on its
specific findings, conclusions, and recommendations to address
the needs of children as they relate to preparation for,
response to, and recovery from all hazards.
The report shall include specific recommendations
regarding: (1) the need for planning and establishing a
national resource center on children and disasters; (2)
coordination of resources and services; and (3) administrative
actions, policies, regulations, financing, and legislative
changes as the Commission considers appropriate.
Section 7. Powers of Commission
Section 7 provides the powers of the Commission. The
Commission is authorized to hold hearings, meet and act at such
times and places, and receive such evidence as may be necessary
to carry out the functions of the Commission. The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Federal Government
such information, suggestions, estimates, and statistics as the
Commission considers necessary. On request of the Chairperson
of the Commission, any such entity shall, to the extent
authorized by law, provide the requested information to the
Commission. The General Services Administration shall provide
requested services to the Commission on a reimbursable basis
and other departments and agencies may provide such services to
the Commission as they deem advisable and as authorized by law.
The Commission is authorized to enter into contracts; accept,
use, and dispose of donations of services or property; and use
the United States mails in the same manner and under the same
conditions as a department or agency of the United States.
Section 8. Staff of Commission
Section 8 provides for staffing of the Commission. The
Chairperson of the Commission, in consultation with the Vice
Chairperson, and in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a staff
director and such other personnel as may be necessary. Any
executive department, bureau, agency, board, commission,
office, independent establishment or instrumentality of the
Federal Government may detail, without reimbursement, any of
its personnel to the Commission. Any such detail shall be
without interruption or loss of civil service status or
privilege. The Commission is also authorized to procure the
services of experts and consultants.
Section 9. Travel expenses
Section 9 provides for travel expenses for Commission
members. Each member shall serve without compensation, but
shall receive travel expenses, including per diem in lieu of
subsistence.
Section 10. Federal Advisory Committee Act applicability
Section 10 provides that the Federal Advisory Committee Act
shall apply to the Commission and its staff.
Section 11. Reports of Commission; Termination
Section 11 provides for reports of the Commission and its
termination. The Commission shall provide an interim report to
the President and Congress no later than December 31, 2008. Not
later than 24 months after the date of enactment, the
Commission shall submit to the President and Congress a final
report containing specific findings, conclusions, and
recommendations required under this Act as agreed to by a
majority of Commission members. The Commission shall terminate
180 days after the date on which the final report is submitted.
Not later than the date of termination, the Commission shall
deliver all records and papers of the Commission to the
Archivist of the United States.
Section 12. Authorization of appropriations
Section 12 authorizes appropriations of $2 million for each
of fiscal years 2008 and 2009 to carry out this Act.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
In the 109th Congress, Congress enacted the ``Post-Katrina
Emergency Management Reform Act of 2006'' (Title VI of P.L.
109-295). Section 689b of the Post-Katrina Act establishes the
National Emergency Child Locator Center within the National
Center for Missing and Exploited Children. Section 689c of the
Post-Katrina Act establishes a National Emergency Family
Registry and Locator System to help reunify families separated
after an emergency or major disaster.
In the 110th Congress, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management has
held several hearings at which witnesses discussed the effects
of disasters on children, including the March 20, 2007
Subcommittee hearing on ``Post-Katrina Temporary Housing:
Dilemmas and Solutions'' and the April 26, 2007 Subcommittee
hearing on ``FEMA's Preparedness and Response to All Hazards''.
In addition, the Committee on Transportation and Infrastructure
reported and the House passed H.R. 3247, the ``Hurricanes
Katrina and Rita Recovery Facilitation Act''. H.R. 3247
provides additional flexibility in programs under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act,
exclusively for the recovery from Hurricanes Katrina and Rita.
Some of the assistance authorized in H.R. 3247 benefits
children.
On September 7, 2007, Representative Corrine Brown
introduced H.R. 3495, the ``Kids in Disasters Well-being,
Safety, and Health Act of 2007''. This bill has not been
introduced in a previous Congress.
On October 30, 2007, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management met to
consider H.R. 3495 and favorably recommended the bill to the
Committee on Transportation and Infrastructure by voice vote
with a quorum present.
On October 31, 2007, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 3495.
During consideration of the bill, the Committee adopted an
amendment in the nature of a substitute that made several
changes to the bill. The amendment provided that the members of
the Commission elect the Chairperson and Vice Chairperson.
Further, the amendment made other changes to the Commission
structure such as eliminating subpoena authority and pay for
members of the Commission and requiring that the Commission
include representatives of private nonprofit entities and State
emergency managers and local emergency managers. Finally, the
amendment struck Title II of the bill which authorized the
Health and Human Services National Resource Center on Children
and Disasters. The amendment provides that the Commission
specifically consider the need for planning and establishing a
National Resource Center on Children and Disasters and include
a specific recommendation to Congress in the Commission's final
report. The Committee on Transportation and Infrastructure
ordered the bill, as amended, reported favorably to the House
by voice vote with a quorum present.
RECORD VOTES
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with the amendment
offered to H.R. 3495 or with ordering H.R. 3495, as amended,
reported. A motion to order H.R. 3495, as amended, reported
favorably to the House was agreed to by voice vote with a
quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(I) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
COST OF LEGISLATION
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
COMPLIANCE WITH HOUSE RULE XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to create
a National Commission on Children and Disasters.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R.
3495, as amended, from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 2, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3495, the Kids in
Disasters Well-being, Safety, and Health Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 3495--Kids in Disasters Well-being, Safety, and Health Act of 2007
H.R. 3495 would authorize the appropriation of $4 million
to establish the National Commission on Children and Disasters.
The commission would be responsible for conducting a
comprehensive study on the needs of children in preparing for,
responding to, and recovering from major disasters and
emergencies. Based on the historical spending patterns of
similar-sized commissions, CBO estimates that implementing H.R.
3495 would cost $1 million in 2008 and $4 million over the
2008-2010 period, subject to appropriation of the specified
amounts. Enacting the bill would not affect direct spending or
revenues.
H.R. 3495 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of State, local, or tribal
governments.
The bill would authorize the appropriation of $2 million
for each of fiscal years 2008 and 2009 to establish the new
commission, which would be composed of 10 members, including
individuals in the private sector and State and local
governments with experience in emergency management. No later
than two years after the enactment of this legislation, the
commission would report to the Congress on the needs of
children as they relate to preparing for, responding to, and
recovering from major disasters and emergencies. The commission
would be disbanded 180 days after submitting its report.
The CBO staff contact for this estimate is Daniel Hoople.
This estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
COMPLIANCE WITH HOUSE RULE XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 3495 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI
of the Rules of the House of Representatives.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 3495, as amended,
does not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 3495, as amended, makes no changes in existing law.