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[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 Commission on Children, 
the National Commission on Children and Disasters, the Commission to 
Eliminate Child Abuse and Neglect Fatalities, the Commission on Native 
Children, and other relevant congressionally authorized commissions and 
annually report to Congress on the status of those recommendations.
    (i) Consultation.--In carrying out the duties under this section, 
the Commission shall consult with, as appropriate--
            (1) children representative of racial and ethnically 
        diverse backgrounds and different backgrounds based on sex 
        (including sexual orientation and gender identity), disability, 
        immigration, and socioeconomic status, including marginalized 
        youth;
            (2) committees of Congress that have jurisdiction over 
        children's issues;
            (3) agencies working on issues impacting child well-being;
            (4) States (including the District of Columbia and any 
        territory or possession of the United States), and Indian 
        Tribes and Tribal organization (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304));
            (5) nonprofit organizations advocating for and providing 
        services to children;
            (6) international organizations and agencies working on 
        issues related to child well-being;
            (7) civil rights and disability rights organizations that 
        work on children's issues;
            (8) schools and child care centers; and
            (9) such other organizations, agencies, or persons as the 
        Commission considers appropriate.

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out this Act.
    (b) Information From Agencies.--
            (1) In general.--The Commission may secure directly from a 
        Federal department or agency such information as the Commission 
        considers necessary to carry out this Act.
            (2) Furnishing information.--On request of the Chairperson 
        of the Commission, the head of the department or agency shall 
        furnish the information to the Commission.
    (c) Data Collection.--In order to carry out its duties and 
functions, the Commission shall--
            (1) utilize existing information, both published and 
        unpublished, where possible, collected and assessed either by 
        its own staff or under other arrangements made in accordance 
        with this Act;
            (2) carry out, or award grants or contracts for, original 
        research, where existing information is inadequate; and
            (3) adopt procedures allowing any interested party to 
        submit information for use by the Commission in making reports 
        and recommendations.
    (d) Access of GAO to Information.--The Comptroller General shall 
have unrestricted access to all deliberations, records, and 
nonproprietary data of the Commission, upon request.
    (e) Periodic Audit.--The Commission shall be subject to periodic 
audit by the Comptroller General.
    (f) Amicus Curiae.--
            (1) In general.--The Children's Commissioner may appear as 
        amicus curiae in any action brought in a court of the United 
        States to review an agency rule or guidance to present the 
        views of the Commission on the effect of the rule or guidance 
        on children.
            (2) Granting appearance.--A court of the United States 
        shall grant the application of the Children's Commissioner to 
        appear in any such action for the purpose described in 
        paragraph (1).
    (g) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (h) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--A member of the Commission who is not 
an officer or employee of the Federal Government shall be compensated 
at a rate equal to the daily equivalent of the annual rate of basic pay 
prescribed for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day (including travel time) 
during which the member is engaged in the performance of the duties of 
the Commission.
    (b) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Commission.
    (c) Staff.--
            (1) In general.--The Children's Commissioner may, without 
        regard to the civil service laws (including regulations), 
        appoint and terminate such other additional personnel as may be 
        necessary to enable the Commission to perform its duties.
            (2) Director of children and youth outreach and 
        engagement.--The Children's Commissioner shall appoint a 
        Director of Children and Youth Outreach and Engagement to help 
        coordinate with, provide technical support to, and work with 
        staff of the Commission to regularly incorporate the voices of 
        children and youth in carrying out the duties and consultation 
        directives of the Commission.
            (3) Compensation.--The Children's Commissioner may fix the 
        compensation of other personnel without regard to chapter 51 
        and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for the 
        individual may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of that title.
    (d) Detail of Government Employees.--A Federal Government employee 
may be detailed to the Commission without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Children's Commissioner may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code, at rates for 
individuals that do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of that title.

SEC. 7. DURATION OF COMMISSION.

    Section 1013 of title 5, United States Code (formerly referred to 
as ``section 14 of the Federal Advisory Committee Act'') shall not 
apply to the Commission.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Commission $5,000,000 for each of fiscal years 2024 through 2030 to 
carry out this Act.
    (b) Availability.--Amounts made available under this section shall 
remain available, without fiscal year limitation, until expended.
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