[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9875 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9875
To establish an independent Children's Commission and position of
Commissioner, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2024
Mr. McGarvey (for himself, Ms. DeLauro, Mr. Gomez, Ms. Jacobs, Ms.
Tlaib, Ms. Lee of California, Ms. Lee of Pennsylvania, Mr. Moulton, Ms.
Norton, Mrs. Ramirez, Ms. Ross, Ms. Titus, Ms. Velazquez, and Mrs.
Watson Coleman) introduced the following bill; which was referred to
the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To establish an independent Children's Commission and position of
Commissioner, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety and Well-Being Act of
2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Child.--The term ``child'' means an individual from
birth up to an age of 18 years.
(3) Children's commissioner.--The term ``Children's
Commissioner'' means the individual employed under section
3(e).
(4) Child impact statement.--The term ``child impact
statement'' means an analysis and assessment of the direct and
indirect outcomes that a change in laws, policy, regulations,
or Federal appropriations will have on children.
(5) Commission.--The term ``Commission'' means the
Children's Commission established under section 3.
(6) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(7) Marginalized youth.--The term ``marginalized youth''
means individuals who--
(A) are not less than 13 years of age; and
(B) experience systemic barriers in the transition
from adolescence to adulthood, including--
(i) children who have experienced
discrimination on the basis of race, ethnicity,
religion, disability status, sex (including
sexual orientation and gender identity), or
socioeconomic status;
(ii) current or former foster youth;
(iii) youth in the juvenile justice system,
residential treatment, or other systems of
care;
(iv) homeless and runaway youth;
(v) children with disabilities;
(vi) victims of child exploitation and
child trafficking;
(vii) youth in troubled teen institutional
settings; and
(viii) other youth identified by the
Children's Commissioner.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Children's Commission.
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 15 members appointed by the Comptroller General in
consultation with the Board on Children, Youth, and Families at
the National Academies of Sciences, Engineering, and Medicine.
(2) Qualifications.--
(A) In general.--The members of the Commission
shall include--
(i) individuals with national recognition
for their scholarship and expertise in issues
of importance to children and marginalized
youth;
(ii) those who work for nonprofit
organizations that advocate for children,
including organizations that protect children's
civil rights;
(iii) those who work with marginalized
youth;
(iv) pediatricians, child psychologists,
developmental psychologists, and childhood
trauma experts;
(v) educators;
(vi) other experts who serve children or
administer State, Tribal, or local children's
programs;
(vii) child care providers; and
(viii) young people with relevant lived
experiences.
(B) Inclusion.--Members of the Children's
Commission shall include--
(i) a mix of different professions, broad
geographic representation, a balance between
urban and rural representation, and a mix of
different racial and ethnic representatives, to
reflect the demographic make up of children and
youth of the United States; and
(ii) individuals and service providers with
specific expertise or significant experience in
delivering culturally appropriate, trauma-
informed, and responsive services for children
and youth.
(C) Majority nonproviders.--The Comptroller General
shall ensure individuals who are directly involved in
the provision or management of the delivery of services
to children shall not constitute a majority of the
membership of the Commission.
(D) Ethical disclosure.--
(i) In general.--The Comptroller General
shall establish a system for public disclosure
by members of the Commission of financial and
other potential conflicts of interest related
to those members.
(ii) Ethics in government act of 1978.--The
members of the Commission shall be treated as
employees of the Congress for purposes of
applying title I of the Ethics in Government
Act of 1978 (5 U.S.C. App.).
(E) Recommendations.--Not later than 60 days after
the date of enactment of this Act, the Comptroller
General shall establish a process for recommending
qualified individuals for the Commission and interested
individuals in order to set up an ongoing pool of
qualified individuals for nomination to the Commission.
(3) Date of appointment.--The Comptroller General shall
appoint members of the Commission not later than 120 days after
the date of enactment of this Act and immediately notify the
Committee of Health, Education, Labor, and Pensions of the
Senate and the Committee of Education and the Workforce of the
House of Representatives of the appointments.
(4) Chair and vice chair.--The Commission shall designate
by majority vote a Chair and Vice Chair from among members of
the Commission, who shall serve for a period of 1 year.
(c) Terms; Vacancies.--
(1) Terms.--The terms of members of the Commission shall be
for 3 years, except that the Comptroller General shall
designate staggered terms for the members first appointed.
(2) Vacancies.--
(A) In general.--A vacancy on the Commission shall
be filled in the manner in which the original
appointment was made, as described in subsection (b),
and shall be subject to any conditions that applied
with respect to the original appointment.
(B) Filling unexpired term.--An individual chosen
to fill a vacancy shall be appointed for the unexpired
term of the member replaced, including an individual
chosen to fill a vacancy in the position of Chair or
Vice Chair.
(d) Meetings.--
(1) Initial meeting.--Not later than 60 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the first meeting of the Commission.
(2) Frequency.--The Commission shall meet at the call of
the Children's Commissioner not less frequently than 4 times
per year, with not fewer than 1 meeting focusing on children's
voices.
(3) Children's perspectives.--The Commission should seek to
incorporate children's perspectives in each meeting of the
Commission.
(4) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(e) Children's Commissioner.--
(1) Appointment.--
(A) In general.--The Commission shall employ and
fix the compensation of a Children's Commissioner, who
shall serve as executive director of the Commission,
and such other personnel as may be necessary to carry
out the following duties (without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service):
(i) Solicit applications to fill the
vacancy or prospective vacancy with sufficient
time for qualified individuals to apply.
(ii) Consult with organizations that have a
special interest in the functions of the
Children's Commission.
(iii) The individual is qualified to be a
member of the Commission as established in
subsection (b)(2).
(B) Restrictions on employment.--An individual may
only be employed as the Children's Commissioner if the
individual was not employed or received compensation
from a for-profit entity during the 2-year period
preceding the appointment.
(2) Term.--
(A) In general.--The term of the Children's
Commissioner is 5 years, beginning on the date on which
the Commission employs the Children's Commissioner.
(B) Subsequent terms.--Each subsequent term shall
begin on the day after the date on which the previous
term expires or the date on which the Commission
employs the Commissioner, whichever is later.
(C) Limitation.--The Children's Commissioner may
serve not more than 2 terms.
(3) Staff, experts, and consultants.--Subject to such
review as the Comptroller General determines necessary to
assure the efficient administration of the Commission, the
Children's Commissioner may--
(A) employ such other personnel as may be necessary
to carry out the duties of the Commission;
(B) seek such assistance and support as may be
required in the performance of its duties from
appropriate Federal and State departments and agencies;
(C) enter into contracts or make other
arrangements, as may be necessary for the conduct of
the work of the Commission, without regard to section
6101 of title 41, United States Code;
(D) make advance, progress, and other payments
which relate to the work of the Children's Commission;
(E) provide transportation and subsistence for
persons serving without compensation;
(F) prescribe such rules and regulations as it
deems necessary with respect to the internal
organization and operation of the Commission;
(G) reach out directly to children and child
advocates to understand their concerns and needs; and
(H) speak out on matters of importance to children
and marginalized youth and help facilitate their voice
in policy discussions at the Federal and State levels
involving their concerns, needs, and future.
SEC. 4. DUTIES OF COMMISSION.
(a) In General.--The Commission shall--
(1) promote awareness of the views and interests of
children and marginalized youth in the United States;
(2) receive and review complaints against agencies relating
to how the agencies are serving children, and serve as a
central location for the receipt of any complaint, criticism,
or suggestion concerning the policies and activities of
governmental entities or other institutions or agencies that
affects child well-being;
(3) incorporate varied backgrounds and experiences of
children in the United States and work to include perspectives
and analysis for children across racial, ethnic, religious, sex
(including sexual orientation and gender identity), and
geographic boundaries and socioeconomic, immigration, and
disability statuses in the work of the Commission;
(4) advocate for child well-being in the United States and
consider child well-being in Federal legislation, regulatory
actions, and policy;
(5) examine the way Federal legislation, regulatory
actions, and policy affect marginalized youth and how children
and marginalized youth transition into adulthood;
(6) advise Congress, agencies, and States on the views and
interests of children and marginalized youth on policies
impacting child well-being;
(7) develop proposals for changes in the policies and
activities of agencies that will better ensure the well-being
of all children;
(8) research or consider any other matter relating to the
interests of children and marginalized youth;
(9) publish reports on matters researched or considered
under this section;
(10) monitor the development and application of Federal,
State, and local laws, regulations, orders, and guidance
affecting children;
(11) represent the views and interests of children,
including marginalized youth, before Congress and agencies
whose regulatory actions and policies and activities may impact
children;
(12) enlist the cooperation and assistance of Federal,
State, or public agencies, businesses, and other organizations
in disseminating information in an accessible format about the
programs and services provided by the Federal Government that
benefit children;
(13) encourage agencies and policymakers engaged in
activities affecting children to take account of the views and
interests of children;
(14) promote greater civic participation in United States
by children and marginalized youth and empower those voices in
public policy;
(15) recommend specific measures for creating an
environment in which all children will have the opportunity to
thrive and reach their full potential and to ascertain the
common reasons, if any, that prevent children from thriving;
(16) coordinate and share information and data with
commissioners and ombudsmen for children in State and local
governments that is disaggregated, when at all possible, along
racial, ethnic, sex (including sexual orientation and gender
identity), disability, and socioeconomic status;
(17) examine international issues impacting children
domestically and abroad and collaborate, and when appropriate
coordinate with, children's commissioners in other countries;
and
(18) make such other recommendations as may be appropriate
to assist the development and strengthening of child well-
being.
(b) Considerations.--In carrying out the duties under this section,
the Commission shall consider the views and interests of children
relating to--
(1) the physical and mental health and emotional well-being
of children;
(2) prevention and treatment from or due to child abuse and
neglect;
(3) early childhood, K-12 education, higher education, and
workforce development;
(4) the social and economic well-being of children;
(5) the ways systemic racism, discrimination,
disinvestment, and economic and other inequities impact the
health and well-being of children; and
(6) the contribution made by children to society.
(c) Comments on Agency Reports.--If an agency submits to Congress
or a committee of Congress a report that is required by law and relates
to child well-being--
(1) the agency shall transmit a copy of the report to the
Commission; and
(2) the Commission may submit to the appropriate committees
of Congress and the agency written comments on the report,
which may include such recommendations as the Commission
determines appropriate.
(d) Review of Regulations.--The Commission shall review Federal
regulations, orders, guidance, or other directives and may provide
written comment to appropriate committees of Congress and the
appropriate agencies on any such matter that impacts child well-being.
(e) Publicly Available.--The Commission shall make any reports
issued by the Commission publicly available on the website of the
Commission so that children, parents, providers, policymakers, and the
general public have access to the findings of the Commission.
(f) Accessibility for Children.--If the Commission publishes a
report or makes a comment or recommendation under this section, the
Commission shall, if and to the extent the Commission considers it
appropriate, publish an alternative version using language that is
appropriate for children.
(g) Study on Child Impact Statements.--Not later than 120 days
after all members of the Commission are appointed, the Commission shall
conduct a study and report to the Congress on the feasibility for
agencies to create child impact statements.
(h) Report on Recommendations.--The Commission shall review the
recommendations from the National Bipartisan Commi