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42 U.S.C. § 300hh–10bNational Advisory Committee on Children and Disasters

submitted 82 years ago by Pub. L. 113-5 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 788 words · no verdicts yet

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This section creates the National Advisory Committee on Children and Disasters. The committee advises the Secretary of Health and Human Services on children's medical and public health needs during disasters. It has up to 25 members, both federal officials and outside experts, and ends on December 31, 2026.

(a) Establishment. The Secretary, working with the Secretary of Homeland Security, must set up the National Advisory Committee on Children and Disasters. (b) Duties. The Advisory Committee must: (1) advise on activities carried out under section 300hh–16 (the at-risk individuals coordinator's work); (2) evaluate and give input on children's medical, mental, behavioral, developmental, and public health needs before, during, and after all-hazards emergencies; (3) advise on state emergency preparedness activities involving children, including drills tied to the preparedness goals in section 300hh–1(b); and (4) advise on keeping up children's care and education, and supporting parents and caregivers, during emergencies. (c) Additional duties. The Advisory Committee may also advise the Secretary on children's issues within medical and public health preparedness grants under this subchapter and subchapter II. (d) Membership. (1) The Secretary appoints up to 25 members and must make sure the total number is odd. (2) At least 13 must be non-federal members, including: (A) at least 2 professionals with expertise in pediatric disaster planning, preparedness, response, or recovery; (B) at least 2 representatives from state, local, tribal, or territorial agencies with that same expertise; (C) at least 4 health care professionals, who may specialize in pediatric emergency medicine; trauma, critical care, or surgery; treating children hurt by chemical, biological, radiological, or nuclear agents, including new diseases; pediatric mental health; or pediatric primary care; (D) at least 4 non-federal members from child care, state or local education agencies, disability experts, or parents; and (E) other members as the Secretary sees fit, including at least one from a children's hospital, one with expertise in children and youth with special health needs, and one with expertise in the needs of parents or family caregivers, including those caring for children with disabilities. (3) The committee must also include these federal members or their designees, who may be non-voting: the Assistant Secretary for Preparedness and Response; the Director of BARDA; the Director of the CDC; the Commissioner of Food and Drugs; the Director of the NIH; the Assistant Secretary of the Administration for Children and Families; the Administrator of the Health Resources and Services Administration; the Administrator of FEMA; the Administrator of the Administration for Community Living; the Secretary of Education; and representatives from other agencies, such as the Substance Abuse and Mental Health Services Administration or the Department of Homeland Security, as needed. (4) Members appointed under paragraph (2) serve three-year terms, though the Secretary can adjust existing members' terms to stagger them. (5) A member may serve up to three terms total, and no more than two of those terms in a row. (e) Meetings. The Advisory Committee must meet at least twice a year, with at least one meeting held in person. (f) Coordination. The Secretary must coordinate this committee's work as required under section 300hh–10e. (g) Sunset. The Advisory Committee ends on December 31, 2026.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

The Secretary, in consultation with the Secretary of Homeland Security, shall establish an advisory committee to be known as the “National Advisory Committee on Children and Disasters” (referred to in this section as the “Advisory Committee”).

(b) Duties

The Advisory Committee shall—

(1)

provide advice and consultation with respect to the activities carried out pursuant to section 300hh–16 of this title, as applicable and appropriate;

(2)

evaluate and provide input with respect to the medical, mental, behavioral, developmental, and public health needs of children as they relate to preparation for, response to, and recovery from all-hazards emergencies;

(3)

provide advice and consultation with respect to State emergency preparedness and response activities and children, including related drills and exercises pursuant to the preparedness goals under section 300hh–1(b) of this title; and

(4)

provide advice and consultation with respect to continuity of care and education for all children and supporting parents and caregivers during all-hazards emergencies.

(c) Additional duties

The Advisory Committee may provide advice and recommendations to the Secretary with respect to children and the medical and public health grants and cooperative agreements as applicable to preparedness and response activities authorized under this subchapter and subchapter II.

(d) Membership
(1) In general

The Secretary, in consultation with such other Secretaries as may be appropriate, shall appoint not to exceed 25 members to the Advisory Committee. In appointing such members, the Secretary shall ensure that the total membership of the Advisory Committee is an odd number.

(2) Required non-Federal members

The Secretary, in consultation with such other heads of Federal agencies as may be appropriate, shall appoint to the Advisory Committee under paragraph (1) at least 13 individuals, including—

(A)

at least 2 non-Federal professionals with expertise in pediatric medical disaster planning, preparedness, response, or recovery;

(B)

at least 2 representatives from State, local, Tribal, or territorial agencies with expertise in pediatric disaster planning, preparedness, response, or recovery;

(C)

at least 4 members representing health care professionals, which may include members with expertise in pediatric emergency medicine; pediatric trauma, critical care, or surgery; the treatment of pediatric patients affected by chemical, biological, radiological, or nuclear agents, including emerging infectious diseases; pediatric mental or behavioral health related to children affected by a public health emergency; or pediatric primary care;

(D)

at least 4 non-Federal members representing child care settings, State or local educational agencies, individuals with expertise in children with disabilities, and parents; and

(E)

other members as the Secretary determines appropriate, of whom—

(i)

at least one such member shall represent a children’s hospital;

(ii)

at least one such member shall be an individual with expertise in children and youth with special health care needs; and

(iii)

at least one such member shall be an individual with expertise in the needs of parents or family caregivers, including the parents or caregivers of children with disabilities.

(3) Federal members

The Advisory Committee under paragraph (1) shall include the following Federal members or their designees (who may be nonvoting members, as determined by the Secretary):

(A)

The Assistant Secretary for Preparedness and Response.

(B)

The Director of the Biomedical Advanced Research and Development Authority.

(C)

The Director of the Centers for Disease Control and Prevention.

(D)

The Commissioner of Food and Drugs.

(E)

The Director of the National Institutes of Health.

(F)

The Assistant Secretary of the Administration for Children and Families.

(G)

The Administrator of the Health Resources and Services Administration.

(H)

The Administrator of the Federal Emergency Management Agency.

(I)

The Administrator of the Administration for Community Living.

(J)

The Secretary of Education.

(K)

Representatives from such Federal agencies (such as the Substance Abuse and Mental Health Services Administration and the Department of Homeland Security) as the Secretary determines appropriate to fulfill the duties of the Advisory Committee under subsections (b) and (c).

(4) Term of appointment

Each member of the Advisory Committee appointed under paragraph (2) shall serve for a term of 3 years, except that the Secretary may adjust the terms of the Advisory Committee appointees serving on June 24, 2019, or appointees who are initially appointed after such date, in order to provide for a staggered term of appointment for all members.

(5) Consecutive appointments; maximum terms

A member appointed under paragraph (2) may serve not more than 3 terms on the Advisory Committee, and not more than two of such terms may be served consecutively.

(e) Meetings

The Advisory Committee shall meet not less than biannually. At least one meeting per year shall be an in-person meeting.

(f) Coordination

The Secretary shall coordinate duties and activities authorized under this section in accordance with section 300hh–10e of this title.

(g) Sunset

The Advisory Committee shall terminate on December 31, 2026.

Source credit: (July 1, 1944, ch. 373, title XXVIII, § 2811A, as added Pub. L. 113–5, title I, § 103, Mar. 13, 2013, 127 Stat. 168; amended Pub. L. 116–22, title III, § 305(a), June 24, 2019, 133 Stat. 936; Pub. L. 117–328, div. FF, title II, § 2236, Dec. 29, 2022, 136 Stat. 5756; Pub. L. 118–15, div. B, title III, § 2333(a), Sept. 30, 2023, 137 Stat. 96; Pub. L. 118–22, div. B, title II, § 203(d)(1), Nov. 17, 2023, 137 Stat. 121; Pub. L. 118–35, div. B, title I, § 103(d)(1), Jan. 19, 2024, 138 Stat. 5; Pub. L. 118–42, div. G, title I, § 103(d)(1), Mar. 9, 2024, 138 Stat. 398; Pub. L. 118–158, div. C, title I, § 3103(d)(1), Dec. 21, 2024, 138 Stat. 1763; Pub. L. 119–4, div. B, title I, § 2103(d)(1), Mar. 15, 2025, 139 Stat. 41; Pub. L. 119–37, div. F, title I, § 6103(d)(1), Nov. 12, 2025, 139 Stat. 630; Pub. L. 119–75, div. J, title IV, § 6403(d), Feb. 3, 2026, 140 Stat. 688.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 113-5 · 127 Stat. 168
  • 2019Amended · Pub. L. 116-22 · 133 Stat. 936
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5756
  • 2023Amended · Pub. L. 118-15 · 137 Stat. 96
  • 2023Amended · Pub. L. 118-22 · 137 Stat. 121
  • 2024Amended · Pub. L. 118-35 · 138 Stat. 5
  • 2024Amended · Pub. L. 118-42 · 138 Stat. 398
  • 2024Amended · Pub. L. 118-158 · 138 Stat. 1763
  • 2025Amended · Pub. L. 119-4 · 139 Stat. 41
  • 2025Amended · Pub. L. 119-37 · 139 Stat. 630
  • 2026Amended · Pub. L. 119-75 · 140 Stat. 688

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-5 on 1944-07-01.

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