I 

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. VELA ́ZQUEZ, 

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. 

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 ‘‘Child Safety and Well5 Being Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 9875 IH

1 (1) AGENCY.—The term ‘‘agency’’ has the 

2 meaning given the term in section 551 of title 5, 

3 United States Code. 

4 (2) CHILD.—The term ‘‘child’’ means an indi5 vidual from birth up to an age of 18 years. 

6 (3) CHILDREN’S COMMISSIONER.—The term 

7 ‘‘Children’s Commissioner’’ means the individual em8 ployed under section 3(e). 

9 (4) CHILD IMPACT STATEMENT.—The term 

10 ‘‘child impact statement’’ means an analysis and as11 sessment of the direct and indirect outcomes that a 

12 change in laws, policy, regulations, or Federal ap13 propriations will have on children. 

14 (5) COMMISSION.—The term ‘‘Commission’’ 

15 means the Children’s Commission established under 

16 section 3. 

17 (6) COMPTROLLER GENERAL.—The term 

18 ‘‘Comptroller General’’ means the Comptroller Gen19 eral of the United States. 

20 (7) MARGINALIZED YOUTH.—The term 

21 ‘‘marginalized youth’’ means individuals who— 

22 (A) are not less than 13 years of age; and 

23 (B) experience systemic barriers in the 

24 transition from adolescence to adulthood, in25 cluding— 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 9875 IH

1 (i) children who have experienced dis2 crimination on the basis of race, ethnicity, 

3 religion, disability status, sex (including 

4 sexual orientation and gender identity), or 

5 socioeconomic status; 

6 (ii) current or former foster youth; 

7 (iii) youth in the juvenile justice sys8 tem, residential treatment, or other sys9 tems of care; 

10 (iv) homeless and runaway youth; 

11 (v) children with disabilities; 

12 (vi) victims of child exploitation and 

13 child trafficking; 

14 (vii) youth in troubled teen institu15 tional settings; and 

16 (viii) other youth identified by the 

17 Children’s Commissioner. 

18 SEC. 3. ESTABLISHMENT OF COMMISSION. 

19 (a) ESTABLISHMENT.—There is established the Chil20 dren’s Commission. 

21 (b) MEMBERSHIP.— 

22 (1) NUMBER AND APPOINTMENT.—The Com23 mission shall be composed of 15 members appointed 

24 by the Comptroller General in consultation with the 

25 Board on Children, Youth, and Families at the NaVerDate Sep 11 2014 18:33 Oct 23, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9875.IH H9875

ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 9875 IH

1 tional Academies of Sciences, Engineering, and Med2 icine. 

3 (2) QUALIFICATIONS.— 

4 (A) IN GENERAL.—The members of the 

5 Commission shall include— 

6 (i) individuals with national recogni7 tion for their scholarship and expertise in 

8 issues of importance to children and 

9 marginalized youth; 

10 (ii) those who work for nonprofit or11 ganizations that advocate for children, in12 cluding organizations that protect chil13 dren’s civil rights; 

14 (iii) those who work with marginalized 

15 youth; 

16 (iv) pediatricians, child psychologists, 

17 developmental psychologists, and childhood 

18 trauma experts; 

19 (v) educators; 

20 (vi) other experts who serve children 

21 or administer State, Tribal, or local chil22 dren’s programs; 

23 (vii) child care providers; and 

24 (viii) young people with relevant lived 

25 experiences. 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 9875 IH

1 (B) INCLUSION.—Members of the Chil2 dren’s Commission shall include— 

3 (i) a mix of different professions, 

4 broad geographic representation, a balance 

5 between urban and rural representation, 

6 and a mix of different racial and ethnic 

7 representatives, to reflect the demographic 

8 make up of children and youth of the 

9 United States; and 

10 (ii) individuals and service providers 

11 with specific expertise or significant experi12 ence in delivering culturally appropriate, 

13 trauma-informed, and responsive services 

14 for children and youth. 

15 (C) MAJORITY NONPROVIDERS.—The 

16 Comptroller General shall ensure individuals 

17 who are directly involved in the provision or 

18 management of the delivery of services to chil19 dren shall not constitute a majority of the 

20 membership of the Commission. 

21 (D) ETHICAL DISCLOSURE.— 

22 (i) IN GENERAL.—The Comptroller 

23 General shall establish a system for public 

24 disclosure by members of the Commission 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•HR 9875 IH

1 of financial and other potential conflicts of 

2 interest related to those members. 

3 (ii) ETHICS IN GOVERNMENT ACT OF

4 1978.—The members of the Commission 

5 shall be treated as employees of the Con6 gress for purposes of applying title I of the 

7 Ethics in Government Act of 1978 (5 

8 U.S.C. App.). 

9 (E) RECOMMENDATIONS.—Not later than 

10 60 days after the date of enactment of this Act, 

11 the Comptroller General shall establish a proc12 ess for recommending qualified individuals for 

13 the Commission and interested individuals in 

14 order to set up an ongoing pool of qualified in15 dividuals for nomination to the Commission. 

16 (3) DATE OF APPOINTMENT.—The Comptroller 

17 General shall appoint members of the Commission 

18 not later than 120 days after the date of enactment 

19 of this Act and immediately notify the Committee of 

20 Health, Education, Labor, and Pensions of the Sen21 ate and the Committee of Education and the Work22 force of the House of Representatives of the appoint23 ments. 

24 (4) CHAIR AND VICE CHAIR.—The Commission 

25 shall designate by majority vote a Chair and Vice 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•HR 9875 IH

1 Chair from among members of the Commission, who 

2 shall serve for a period of 1 year. 

3 (c) TERMS; VACANCIES.— 

4 (1) TERMS.—The terms of members of the 

5 Commission shall be for 3 years, except that the 

6 Comptroller General shall designate staggered terms 

7 for the members first appointed. 

8 (2) VACANCIES.— 

9 (A) IN GENERAL.—A vacancy on the Com10 mission shall be filled in the manner in which 

11 the original appointment was made, as de12 scribed in subsection (b), and shall be subject 

13 to any conditions that applied with respect to 

14 the original appointment. 

15 (B) FILLING UNEXPIRED TERM.—An indi16 vidual chosen to fill a vacancy shall be ap17 pointed for the unexpired term of the member 

18 replaced, including an individual chosen to fill a 

19 vacancy in the position of Chair or Vice Chair. 

20 (d) MEETINGS.— 

21 (1) INITIAL MEETING.—Not later than 60 days 

22 after the date on which all members of the Commis23 sion have been appointed, the Commission shall hold 

24 the first meeting of the Commission. 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•HR 9875 IH

1 (2) FREQUENCY.—The Commission shall meet 

2 at the call of the Children’s Commissioner not less 

3 frequently than 4 times per year, with not fewer 

4 than 1 meeting focusing on children’s voices. 

5 (3) CHILDREN’S PERSPECTIVES.—The Commis6 sion should seek to incorporate children’s perspec7 tives in each meeting of the Commission. 

8 (4) QUORUM.—A majority of the members of 

9 the Commission shall constitute a quorum, but a 

10 lesser number of members may hold hearings. 

11 (e) CHILDREN’S COMMISSIONER.— 

12 (1) APPOINTMENT.— 

13 (A) IN GENERAL.—The Commission shall 

14 employ and fix the compensation of a Children’s 

15 Commissioner, who shall serve as executive di16 rector of the Commission, and such other per17 sonnel as may be necessary to carry out the fol18 lowing duties (without regard to the provisions 

19 of title 5, United States Code, governing ap20 pointments in the competitive service): 

21 (i) Solicit applications to fill the va22 cancy or prospective vacancy with suffi23 cient time for qualified individuals to 

24 apply. 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•HR 9875 IH

1 (ii) Consult with organizations that 

2 have a special interest in the functions of 

3 the Children’s Commission. 

4 (iii) The individual is qualified to be a 

5 member of the Commission as established 

6 in subsection (b)(2). 

7 (B) RESTRICTIONS ON EMPLOYMENT.—An 

8 individual may only be employed as the Chil9 dren’s Commissioner if the individual was not 

10 employed or received compensation from a for11 profit entity during the 2-year period preceding 

12 the appointment. 

13 (2) TERM.— 

14 (A) IN GENERAL.—The term of the Chil15 dren’s Commissioner is 5 years, beginning on 

16 the date on which the Commission employs the 

17 Children’s Commissioner. 

18 (B) SUBSEQUENT TERMS.—Each subse19 quent term shall begin on the day after the date 

20 on which the previous term expires or the date 

21 on which the Commission employs the Commis22 sioner, whichever is later. 

23 (C) LIMITATION.—The Children’s Commis24 sioner may serve not more than 2 terms. 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•HR 9875 IH

1 (3) STAFF, EXPERTS, AND CONSULTANTS.— 

2 Subject to such review as the Comptroller General 

3 determines necessary to assure the efficient adminis4 tration of the Commission, the Children’s Commis5 sioner may— 

6 (A) employ such other personnel as may be 

7 necessary to carry out the duties of the Com8 mission; 

9 (B) seek such assistance and support as 

10 may be required in the performance of its du11 ties from appropriate Federal and State depart12 ments and agencies; 

13 (C) enter into contracts or make other ar14 rangements, as may be necessary for the con15 duct of the work of the Commission, without re16 gard to section 6101 of title 41, United States 

17 Code; 

18 (D) make advance, progress, and other 

19 payments which relate to the work of the Chil20 dren’s Commission; 

21 (E) provide transportation and subsistence 

22 for persons serving without compensation; 

23 (F) prescribe such rules and regulations as 

24 it deems necessary with respect to the internal 

25 organization and operation of the Commission; 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•HR 9875 IH

1 (G) reach out directly to children and child 

2 advocates to understand their concerns and 

3 needs; and 

4 (H) speak out on matters of importance to 

5 children and marginalized youth and help facili6 tate their voice in policy discussions at the Fed7 eral and State levels involving their concerns, 

8 needs, and future. 

9 SEC. 4. DUTIES OF COMMISSION. 

10 (a) IN GENERAL.—The Commission shall— 

11 (1) promote awareness of the views and inter12 ests of children and marginalized youth in the 

13 United States; 

14 (2) receive and review complaints against agen15 cies relating to how the agencies are serving chil16 dren, and serve as a central location for the receipt 

17 of any complaint, criticism, or suggestion concerning 

18 the policies and activities of governmental entities or 

19 other institutions or agencies that affects child well20 being; 

21 (3) incorporate varied backgrounds and experi22 ences of children in the United States and work to 

23 include perspectives and analysis for children across 

24 racial, ethnic, religious, sex (including sexual ori25 entation and gender identity), and geographic 


ssavage on LAPJG3WLY3PROD with BILLS
12 

•HR 9875 IH

1 boundaries and socioeconomic, immigration, and dis2 ability statuses in the work of the Commission; 

3 (4) advocate for child well-being in the United 

4 States and consider child well-being in Federal legis5 lation, regulatory actions, and policy; 

6 (5) examine the way Federal legislation, regu7 latory actions, and policy affect marginalized youth 

8 and how children and marginalized youth transition 

9 into adulthood; 

10 (6) advise Congress, agencies, and States on 

11 the views and interests of children and marginalized 

12 youth on policies impacting child well-being; 

13 (7) develop proposals for changes in the policies 

14 and activities of agencies that will better ensure the 

15 well-being of all children; 

16 (8) research or consider any other matter relat17 ing to the interests of children and marginalized 

18 youth; 

19 (9) publish reports on matters researched or 

20 considered under this section; 

21 (10) monitor the development and application 

22 of Federal, State, and local laws, regulations, orders, 

23 and guidance affecting children; 

24 (11) represent the views and interests of chil25 dren, including marginalized youth, before Congress 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•HR 9875 IH

1 and agencies whose regulatory actions and policies 

2 and activities may impact children; 

3 (12) enlist the cooperation and assistance of 

4 Federal, State, or public agencies, businesses, and 

5 other organizations in disseminating information in 

6 an accessible format about the programs and serv7 ices provided by the Federal Government that ben8 efit children; 

9 (13) encourage agencies and policymakers en10 gaged in activities affecting children to take account 

11 of the views and interests of children; 

12 (14) promote greater civic participation in 

13 United States by children and marginalized youth 

14 and empower those voices in public policy; 

15 (15) recommend specific measures for creating 

16 an environment in which all children will have the 

17 opportunity to thrive and reach their full potential 

18 and to ascertain the common reasons, if any, that 

19 prevent children from thriving; 

20 (16) coordinate and share information and data 

21 with commissioners and ombudsmen for children in 

22 State and local governments that is disaggregated, 

23 when at all possible, along racial, ethnic, sex (includ24 ing sexual orientation and gender identity), dis25 ability, and socioeconomic status; 


ssavage on LAPJG3WLY3PROD with BILLS
14 

•HR 9875 IH

1 (17) examine international issues impacting 

2 children domestically and abroad and collaborate, 

3 and when appropriate coordinate with, children’s 

4 commissioners in other countries; and 

5 (18) make such other recommendations as may 

6 be appropriate to assist the development and 

7 strengthening of child well-being. 

8 (b) CONSIDERATIONS.—In carrying out the duties 

9 under this section, the Commission shall consider the 

10 views and interests of children relating to— 

11 (1) the physical and mental health and emo12 tional well-being of children; 

13 (2) prevention and treatment from or due to 

14 child abuse and neglect; 

15 (3) early childhood, K–12 education, higher 

16 education, and workforce development; 

17 (4) the social and economic well-being of chil18 dren; 

19 (5) the ways systemic racism, discrimination, 

20 disinvestment, and economic and other inequities im21 pact the health and well-being of children; and 

22 (6) the contribution made by children to soci23 ety. 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•HR 9875 IH

1 (c) COMMENTS ON AGENCY REPORTS.—If an agency 

2 submits to Congress or a committee of Congress a report 

3 that is required by law and relates to child well-being— 

4 (1) the agency shall transmit a copy of the re5 port to the Commission; and 

6 (2) the Commission may submit to the appro7 priate committees of Congress and the agency writ8 ten comments on the report, which may include such 

9 recommendations as the Commission determines ap10 propriate. 

11 (d) REVIEW OF REGULATIONS.—The Commission 

12 shall review Federal regulations, orders, guidance, or other 

13 directives and may provide written comment to appro14 priate committees of Congress and the appropriate agen15 cies on any such matter that impacts child well-being. 

16 (e) PUBLICLY AVAILABLE.—The Commission shall 

17 make any reports issued by the Commission publicly avail18 able on the website of the Commission so that children, 

19 parents, providers, policymakers, and the general public 

20 have access to the findings of the Commission. 

21 (f) ACCESSIBILITY FOR CHILDREN.—If the Commis22 sion publishes a report or makes a comment or rec23 ommendation under this section, the Commission shall, if 

24 and to the extent the Commission considers it appropriate, 


ssavage on LAPJG3WLY3PROD with BILLS
16 

•HR 9875 IH

1 publish an alternative version using language that is ap2 propriate for children. 

3 (g) STUDY ON CHILD IMPACT STATEMENTS.—Not 

4 later than 120 days after all members of the Commission 

5 are appointed, the Commission shall conduct a study and 

6 report to the Congress on the feasibility for agencies to 

7 create child impact statements. 

8 (h) REPORT ON RECOMMENDATIONS.—The Commis9 sion shall review the recommendations from the National 

10 Bipartisan Commission on Children, the National Com11 mission on Children and Disasters, the Commission to 

12 Eliminate Child Abuse and Neglect Fatalities, the Com13 mission on Native Children, and other relevant congres14 sionally authorized commissions and annually report to 

15 Congress on the status of those recommendations. 

16 (i) CONSULTATION.—In carrying out the duties 

17 under this section, the Commission shall consult with, as 

18 appropriate— 

19 (1) children representative of racial and eth20 nically diverse backgrounds and different back21 grounds based on sex (including sexual orientation 

22 and gender identity), disability, immigration, and so23 cioeconomic status, including marginalized youth; 

24 (2) committees of Congress that have jurisdic25 tion over children’s issues; 


ssavage on LAPJG3WLY3PROD with BILLS
17 

•HR 9875 IH

1 (3) agencies working on issues impacting child 

2 well-being; 

3 (4) States (including the District of Columbia 

4 and any territory or possession of the United 

5 States), and Indian Tribes and Tribal organization 

6 (as defined in section 4 of the Indian Self-Deter7 mination and Education Assistance Act (25 U.S.C. 

8 5304)); 

9 (5) nonprofit organizations advocating for and 

10 providing services to children; 

11 (6) international organizations and agencies 

12 working on issues related to child well-being; 

13 (7) civil rights and disability rights organiza14 tions that work on children’s issues; 

15 (8) schools and child care centers; and 

16 (9) such other organizations, agencies, or per17 sons as the Commission considers appropriate. 

18 SEC. 5. POWERS OF COMMISSION. 

19 (a) HEARINGS.—The Commission may hold such 

20 hearings, sit and act at such times and places, take such 

21 testimony, and receive such evidence as the Commission 

22 considers advisable to carry out this Act. 

23 (b) INFORMATION FROM AGENCIES.— 

24 (1) IN GENERAL.—The Commission may secure 

25 directly from a Federal department or agency such 


ssavage on LAPJG3WLY3PROD with BILLS
18 

•HR 9875 IH

1 information as the Commission considers necessary 

2 to carry out this Act. 

3 (2) FURNISHING INFORMATION.—On request of 

4 the Chairperson of the Commission, the head of the 

5 department or agency shall furnish the information 

6 to the Commission. 

7 (c) DATA COLLECTION.—In order to carry out its du8 ties and functions, the Commission shall— 

9 (1) utilize existing information, both published 

10 and unpublished, where possible, collected and as11 sessed either by its own staff or under other ar12 rangements made in accordance with this Act; 

13 (2) carry out, or award grants or contracts for, 

14 original research, where existing information is inad15 equate; and 

16 (3) adopt procedures allowing any interested 

17 party to submit information for use by the Commis18 sion in making reports and recommendations. 

19 (d) ACCESS OF GAO TO INFORMATION.—The Comp20 troller General shall have unrestricted access to all delib21 erations, records, and nonproprietary data of the Commis22 sion, upon request. 

23 (e) PERIODIC AUDIT.—The Commission shall be sub24 ject to periodic audit by the Comptroller General. 

25 (f) AMICUS CURIAE.— 


ssavage on LAPJG3WLY3PROD with BILLS
19 

•HR 9875 IH

1 (1) IN GENERAL.—The Children’s Commis2 sioner may appear as amicus curiae in any action 

3 brought in a court of the United States to review an 

4 agency rule or guidance to present the views of the 

5 Commission on the effect of the rule or guidance on 

6 children. 

7 (2) GRANTING APPEARANCE.—A court of the 

8 United States shall grant the application of the Chil9 dren’s Commissioner to appear in any such action 

10 for the purpose described in paragraph (1). 

11 (g) POSTAL SERVICES.—The Commission may use 

12 the United States mails in the same manner and under 

13 the same conditions as other departments and agencies of 

14 the Federal Government. 

15 (h) GIFTS.—The Commission may accept, use, and 

16 dispose of gifts or donations of services or property. 

17 SEC. 6. COMMISSION PERSONNEL MATTERS. 

18 (a) COMPENSATION OF MEMBERS.—A member of the 

19 Commission who is not an officer or employee of the Fed20 eral Government shall be compensated at a rate equal to 

21 the daily equivalent of the annual rate of basic pay pre22 scribed for level IV of the Executive Schedule under sec23 tion 5315 of title 5, United States Code, for each day (in24 cluding travel time) during which the member is engaged 

25 in the performance of the duties of the Commission. 


ssavage on LAPJG3WLY3PROD with BILLS
20 

•HR 9875 IH

1 (b) TRAVEL EXPENSES.—A member of the Commis2 sion shall be allowed travel expenses, including per diem 

3 in lieu of subsistence, at rates authorized for employees 

4 of agencies under subchapter I of chapter 57 of title 5, 

5 United States Code, while away from their homes or reg6 ular places of business in the performance of services for 

7 the Commission. 

8 (c) STAFF.— 

9 (1) IN GENERAL.—The Children’s Commis10 sioner may, without regard to the civil service laws 

11 (including regulations), appoint and terminate such 

12 other additional personnel as may be necessary to 

13 enable the Commission to perform its duties. 

14 (2) DIRECTOR OF CHILDREN AND YOUTH OUT15 REACH AND ENGAGEMENT.—The Children’s Com16 missioner shall appoint a Director of Children and 

17 Youth Outreach and Engagement to help coordinate 

18 with, provide technical support to, and work with 

19 staff of the Commission to regularly incorporate the 

20 voices of children and youth in carrying out the du21 ties and consultation directives of the Commission. 

22 (3) COMPENSATION.—The Children’s Commis23 sioner may fix the compensation of other personnel 

24 without regard to chapter 51 and subchapter III of 

25 chapter 53 of title 5, United States Code, relating 


ssavage on LAPJG3WLY3PROD with BILLS
21 

•HR 9875 IH

1 to classification of positions and General Schedule 

2 pay rates, except that the rate of pay for the indi3 vidual may not exceed the rate payable for level V 

4 of the Executive Schedule under section 5316 of 

5 that title. 

6 (d) DETAIL OF GOVERNMENT EMPLOYEES.—A Fed7 eral Government employee may be detailed to the Commis8 sion without reimbursement, and such detail shall be with9 out interruption or loss of civil service status or privilege. 

10 (e) PROCUREMENT OF TEMPORARY AND INTERMIT11 TENT SERVICES.—The Children’s Commissioner may pro12 cure temporary and intermittent services under section 

13 3109(b) of title 5, United States Code, at rates for individ14 uals that do not exceed the daily equivalent of the annual 

15 rate of basic pay prescribed for level V of the Executive 

16 Schedule under section 5316 of that title. 

17 SEC. 7. DURATION OF COMMISSION. 

18 Section 1013 of title 5, United States Code (formerly 

19 referred to as ‘‘section 14 of the Federal Advisory Com20 mittee Act’’) shall not apply to the Commission. 

21 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) IN GENERAL.—There is authorized to be appro23 priated to the Commission $5,000,000 for each of fiscal 

24 years 2024 through 2030 to carry out this Act. 


ssavage on LAPJG3WLY3PROD with BILLS
22 

•HR 9875 IH

1 (b) AVAILABILITY.—Amounts made available under 

2 this section shall remain available, without fiscal year limi3 tation, until expended. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS