STATUTE

The Consolidated Appropriations Act, 2008 (Public Law 110-161)

TITLE VI

NATIONAL COMMISSION ON CHILDREN AND DISASTER

SECTION 601. SHORT TITLE.

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

SEC. 602. DEFINITIONS.

In this title:

(1) ALL HAZARDS- The 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; CHILDREN- The terms `child' and `children' mean an individual or individuals, respectively, who have not attained 18 years of age.

(3) EMERGENCY- The 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 DISASTER- The 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)).

SEC. 603. ESTABLISHMENT OF COMMISSION.

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

SEC. 604. 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 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.

SEC. 605. 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, Vice-Chairperson, and Meetings- Not 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 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 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) Qualifications- Members 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 Meeting- The 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) 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. 606. DUTIES OF COMMISSION.

The Commission shall--

(1) conduct pursuant to section 604(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.

SEC. 607. 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 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 title.

(2) PROVISION OF INFORMATION- On written request of the Chairperson of the Commission, each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, 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 assistance 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 assistance 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 title.

(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. 608. 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 title. 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. 609. 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. 610. 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. 611. REPORTS OF COMMISSION; TERMINATION.

(a) Interim Report- The 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 title as have been agreed to by a majority of Commission members.

(b) Other Reports and Information-

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

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

(c) Final Report- The 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 title as have been agreed to by a majority of Commission members.

(d) Termination-

(1) IN GENERAL- The Commission, and all the authorities of this title, 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. 612. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 613. RULE OF CONSTRUCTION.

Nothing in this title shall be construed to confer on the Commission purposes and duties that are the responsibility of the Congress.

This division may be cited as the `Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008'.