I 

108TH CONGRESS 

1ST SESSION H. R. 2124

To establish a Foster Care Reform Commission to study the foster care 

crisis in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2003

Mr. CARDOZA introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To establish a Foster Care Reform Commission to study 

the foster care crisis in the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foster Care Reform 

5 Commission Act’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established a commission to be known as the 

8 ‘‘Foster Care Reform Commission’’ (in this Act referred 

9 to as the ‘‘Commission’’). 
2

•HR 2124 IH 

1 SEC. 3. DUTIES OF COMMISSION. 

2 The Commission shall study the ongoing foster care 

3 crisis in the United States as well as individual efforts un4 dertaken by States, localities, and through privately ad5 ministered foster care programs. In reviewing the efforts 

6 of localities, States and private foster care programs, the 

7 Commission shall determine a list of best practices that 

8 would help advance safe and reliable foster care in the 

9 United States. 

10 SEC. 4. MEMBERSHIP. 

11 (a) NUMBER AND APPOINTMENT.—Not later than 6 

12 months after the date of the enactment of this Act: 

13 (1) CONGRESSIONAL MEMBERS.—4 Commission 

14 members shall be appointed as follows: 

15 (A) 1 Senator appointed by the Majority 

16 Leader of the Senate. 

17 (B) 1 Senator appointed by the Minority 

18 Leader of the Senate. 

19 (C) 1 Representative appointed by the 

20 Speaker of the House. 

21 (D) 1 Representative appointed by the Mi22 nority Leader of the House of Representatives. 

23 (2) OTHER MEMBERS.—The 4 Commission 

24 members appointed under paragraph (1) shall meet 

25 and select from among themselves a chairman, who 
3

•HR 2124 IH 

1 shall preside over a meeting to appoint 11 additional 

2 Commission members—

3 (A) 5 of whom shall be experts on child 

4 care and foster care issues from the private sec5 tor; 

6 (B) 1 of whom shall be an expert on child 

7 care and foster care issues from the public sec8 tor; and 

9 (C) 5 of whom shall be experts on child 

10 care and foster care issues from academia. 

11 (b) POLITICAL AFFILIATION.—Not more than 8 

12 Commission members appointed may be of the same polit13 ical party. 

14 (c) TERMS.—

15 (1) LIFE OF COMMISSION.—Each Commission 

16 member shall be appointed for the life of the Com17 mission. 

18 (2) VACANCIES.—A vacancy in the Commission 

19 shall be filled in the manner in which the original 

20 appointment was made. 

21 (d) NO PAY.—Commission members shall not receive 

22 compensation by reason of service on the Commission. 

23 (e) TRAVEL EXPENSES.—Each Commission member 

24 shall receive travel expenses, including per diem in lieu 

25 of subsistence, in accordance with applicable provisions 
4

•HR 2124 IH 

1 under subchapter I of chapter 57 of title 5, United States 

2 Code. 

3 (f) QUORUM.—8 members of the Commission shall 

4 constitute a quorum but a lesser number may hold hear5 ings. 

6 (g) CHAIRPERSON; CO-CHAIRPERSON.—The Com7 mission shall have a Chairperson and a co-Chairperson, 

8 only 1 of whom shall be a Member of Congress. 

9 (h) MEETINGS.—The Commission shall meet at the 

10 call of the Chairperson and co-Chairperson, or of a major11 ity of its members. 

12 SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS 

13 AND CONSULTANTS. 

14 (a) DIRECTOR.—The Commission shall have a Direc15 tor who shall be appointed by the Chairperson and co16 Chairperson of the Commission, with the approval of the 

17 Secretary of Health and Human Services. To the extent 

18 or in the amounts provided in advance in appropriation 

19 Acts, the Director shall be paid at a rate not to exceed 

20 the rate of basic pay for Level V of the Executive Sched21 ule.

22 (b) STAFF.—With the approval of the Chairperson 

23 and the co-Chairperson of the Commission, the Director 

24 may appoint additional personnel as the Chairperson and 

25 co-Chairperson consider appropriate. 
5

•HR 2124 IH 

1 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

2 LAWS.—The Director and staff of the Commission shall 

3 be appointed subject to the provisions of title 5, United 

4 States Code, governing appointments in the competitive 

5 service, and shall be paid in accordance with the provisions 

6 of chapter 51 and subchapter III of chapter 53 of that 

7 title relating to classification and General Schedule pay 

8 rates. 

9 (d) STAFF OF FEDERAL AGENCIES.—Upon request 

10 of the Chairperson and co-Chairperson, the head of any 

11 Federal department or agency may detail, on a reimburs12 able basis, any of the personnel of that department or 

13 agency to the Commission to assist it in carrying out its 

14 duties under this Act. 

15 SEC. 6. POWERS OF COMMISSION. 

16 (a) HEARINGS AND SESSIONS.—The Commission 

17 may, for the purpose of carrying out this Act, hold hear18 ings, sit and act at times and places, take testimony, and 

19 receive evidence as the Commission considers appropriate. 

20 (b) POWERS OF MEMBERS AND AGENTS.—Any mem21 ber or agent of the Commission may, if authorized by the 

22 Commission, take any action which the Commission is au23 thorized to take by this section. 

24 (c) OBTAINING OFFICIAL DATA.—The Commission 

25 may request any department or agency of the United 
6

•HR 2124 IH 

1 States to furnish the Commission with such information 

2 as the Commission deems necessary to enable the Commis3 sion to carry out this Act. 

4 (d) MAILS.—The Commission may use the United 

5 States mails in the same manner and under the same con6 ditions as other departments and agencies of the United 

7 States. 

8 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

9 the request of the Commission, the Administrator of Gen10 eral Services shall provide to the Commission, on a reim11 bursable basis, the administrative support services nec12 essary for the Commission to carry out its responsibilities 

13 under this Act. 

14 SEC. 7. REPORT. 

15 Not later than 2 years after all original Commission 

16 members are appointed, the Commission shall transmit to 

17 the President, the Congress, and the Secretary of Health 

18 and Human Services a report that contains a detailed 

19 statement of the findings and conclusions of the Commis20 sion regarding reform of the foster care system, together 

21 with its recommendations for such legislation and admin22 istrative action as the Commission deems appropriate. 
7

•HR 2124 IH 

1 SEC. 8. TERMINATION. 

2 The Commission shall terminate on the date the re3 port required by section 7 is so transmitted.

Æ