118 HR 9875 IH: Child Safety and Well-Being Act of 2024
U.S. House of Representatives
2024-09-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 9875
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. Velázquez, 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.

Short title
This Act may be cited as the “Child Safety and Well-Being Act of 2024”.
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.
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.
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.
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.
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.
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.
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.