,,ii #aaith ,,congress #b;d ,session ,s4 #dgfc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aa1 #bjbf,mr4 ,markey 7for himself1 ,mr4 ,lujn1 ,mr4 ,schiff1 ,mr4 ,van ,hollen1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish an independent ,children's ,commission and position of ,commissioner1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,child ,safety and ,well-,being ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,child ,the term child means an individual from birth up to an age of #ah years4 7#c7 ,children's commissioner ,the term ,children's ,commissioner means the individual employed under section #c7;e74 7#d7 ,child impact statement ,the term child impact statement means an analysis and assessment of the direct and indirect outcomes that a change in laws1 policy1 regulations1 or ,federal appropriations will have on children4 7#e7 ,commission ,the term ,commission means the ,children's ,commission established by section #c7;a74 7#f7 ,comptroller general ,the term ,comptroller ,general means the ,comptroller ,general of the ,united ,states4 7#g7 ,marginalized youth ,the term marginalized youth means individuals who-- 7,a7 are not less than #ac years of age2 and 7,b7 experience systemic barriers in the transition from adolescence to adulthood1 including-- 7i7 children who have experienced discrimination on the basis of race1 ethnicity1 religion1 disability status1 sex 7including sexual orientation and gender identity71 or socioeconomic status2 7ii7 current or former foster youth2 7iii7 youth in the juvenile justice system1 residential treatment1 or other systems of care2 7iv7 homeless and runaway youth2 7v7 children with disabilities2 7vi7 victims of child exploitation and child trafficking2 7vii7 youth in troubled teen institutional settings2 and 7viii7 other youth identified by the ,children's ,commissioner4 #c4 ,establishment of ,commission 7a7 ,establishment ,there is established the ,children's ,commission4 7b7 ,membership 7#a7 ,number and appointment ,the ,commission shall be composed of #ae members appointed by the ,comptroller ,general1 in consultation with the ,board on ,children1 ,youth1 and ,families at the ,national ,academies of ,sciences1 ,engineering1 and ,medicine4 7#b7 ,qualifications 7,a7 ,in general ,the membership of the ,commission shall include-- 7i7 individuals with national recognition for their scholarship and expertise in issues of importance to children and marginalized youth2 7ii7 individuals who work for nonprofit organizations that advocate for children1 including organizations that protect children's civil rights2 7iii7 individuals who work with marginalized youth2 7iv7 pediatricians1 child psychologists1 developmental psychologists1 and childhood trauma experts2 7v7 educators2 7vi7 other experts who serve children or administer ,state1 ,tribal1 or local children's programs2 7vii7 childcare providers2 and 7viii7 young people with relevant lived experiences4 7,b7 ,varied backgrounds and experiences ,the membership of the ,commission shall include-- 7i7 a mix of different professions1 broad geographic representation1 a balance between urban and rural representation1 and a mix of different racial and ethnic representatives1 to reflect the demographic makeup of children and youth of the ,united ,states2 and 7ii7 individuals and service providers with specific expertise or significant experience in delivering culturally appropriate1 trauma-informed1 and responsive services for children and youth4 7,c7 ,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 ,commission4 7,d7 ,ethical disclosure 7i7 ,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 members4 7ii7 ,financial disclosure requirements ,a member of the ,commission shall be deemed to be an individual described in section #acajc7;f7 of title #e1 ,united ,states ,code1 and shall be subject to the requirements of subchapter ,i of chapter #aca of such title4 7,e7 ,recommendations ,not later than #fj days after the date of enactment of this ,act1 the ,comptroller ,general shall establish a process for recommending qualified and interested individuals for the ,commission in order to set up an ongoing pool of qualified individuals for nomination to the ,commission4 7#c7 ,date of appointment ,the ,comptroller ,general shall appoint members of the ,commission not later than #abj days after the date of enactment of this ,act and immediately notify the ,committee of ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee of ,education and ,workforce of the ,house of ,representatives of the appointments4 7#d7 ,chair and vice chair ,the ,commission shall designate by majority vote a ,chair and ,vice ,chair from among the members of the ,commission1 each of whom shall serve in such positions of ,chair and ,vice ,chair for a period of #a year4 7c7 ,terms2 vacancies 7#a7 ,terms ,the terms of the members of the ,commission shall be #c years1 except that the ,comptroller ,general shall designate staggered terms for the members first appointed4 7#b7 ,vacancies 7,a7 ,in general ,a vacancy on the ,commission shall be filled in the manner in which the original appointment was made1 as described in subsection 7b71 and shall be subject to any conditions that applied with respect to the original appointment4 7,b7 ,filling unexpired term ,an individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced1 including an individual chosen to fill a vacancy in the position of ,chair or ,vice ,chair4 7d7 ,meetings 7#a7 ,initial meeting ,not later than #fj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold the first meeting of the ,commission4 7#b7 ,frequency ,the ,commission shall meet at the call of the ,children's ,commissioner not less frequently than #d times per year1 with not fewer than #a meeting focusing on children's voices4 7#c7 ,children's perspectives ,the ,commission should seek to incorporate children's perspectives in each meeting of the ,commission4 7#d7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 7e7 ,children's commissioner 7#a7 ,in general 7,a7 ,in general ,the ,commission shall employ and fix the compensation of a ,children's ,commissioner1 who shall serve as executive director of the ,commission1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7,b7 ,restrictions on employment ,an individual may only be employed as the ,children's ,commissioner if the individual-- 7i7 was not employed by1 and did not receive compensation from1 a for-profit entity during the #b-year period preceding the appointment2 and 7ii7 is an individual described in any of clauses 7i7 through 7viii7 of subsection 7b77#b77;,a74 7,c7 ,duties ,the ,children's ,commissioner shall carry out the following duties3 7i7 ,solicit applications to fill a vacancy or prospective vacancy in the membership of the ,commission with sufficient time for qualified individuals to apply4 7ii7 ,consult with organizations that have a special interest in the functions of the ,commission4 7,d7 ,ethical disclosure 7i7 ,in general ,the ,comptroller ,general shall establish a system for public disclosure by the ,children's ,commissioner of financial and other potential conflicts of interest related to the ,children's ,commissioner4 7ii7 ,financial disclosure requirements ,the ,children's ,commissioner shall be deemed to be an individual described in section #acajc7;f7 of title #e1 ,united ,states ,code1 and shall be subject to the requirements of subchapter ,i of chapter #aca of such title4 7#b7 ,term 7,a7 ,in general ,the term of the ,children's ,commissioner shall be #e years1 beginning on the date on which the ,commission employs the ,children's ,commissioner4 7,b7 ,subsequent terms ,each subsequent term of a ,children's ,commissioner shall begin on the day after the date on which the previous term expires or the date on which the ,commission employs the ,commissioner1 whichever is later4 7,c7 ,limitation ,an individual may not serve more than #b terms as the ,children's ,commissioner4 7#c7 ,experts and consultants ,subject to such review as the ,comptroller ,general determines necessary to ensure the efficient administration of the ,commission1 the ,children's ,commissioner may-- 7,a7 seek such assistance and support as may be required in the performance of its duties from appropriate ,federal and ,state departments and agencies2 7,b7 enter into contracts or make other arrangements1 as may be necessary for the conduct of the work of the ,commission1 without regard to section #faja of title #da1 ,united ,states ,code2 7,c7 make advance1 progress1 and other payments which relate to the work of the ,commission2 7,d7 provide transportation and subsistence for persons serving without compensation2 7,e7 prescribe such rules and regulations as the ,children's ,commissioner determines necessary with respect to the internal organization and operation of the ,commission2 7,f7 reach out directly to children and child advocates to understand their concerns and needs2 and 7,g7 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 concerns1 needs1 and future4 #d4 ,duties of ,commission 7a7 ,in general ,the ,commission shall-- 7#a7 promote awareness of the views and interests of children and marginalized youth in the ,united ,states2 7#b7 receive and review complaints against agencies relating to how the agencies are serving children1 and serve as a central location for the receipt of any complaint1 criticism1 or suggestion concerning the policies and activities of governmental entities or other institutions or agencies that affect child well-being2 7#c7 incorporate varied backgrounds and experiences of children in the ,united ,states and work to include perspectives and analysis for children across racial1 ethnic1 religious1 sex1 and geographic boundaries and socioeconomic1 immigration1 and disability statuses in the work of the ,commission2 7#d7 advocate for child well-being in the ,united ,states and consider child well-being in ,federal legislation1 regulatory actions1 and policy2 7#e7 examine the way ,federal legislation1 regulatory actions1 and policy affect marginalized youth and how children and marginalized youth transition into adulthood2 7#f7 advise ,congress1 agencies1 and ,states on the views and interests of children and marginalized youth on policies impacting child well-being2 7#g7 develop proposals for changes in the policies and activities of agencies that will better ensure the well-being of all children2 7#h7 research or consider any other matter relating to the interests of children and marginalized youth2 7#i7 publish reports on matters researched or considered under this section2 7#aj7 monitor the development and application of ,federal1 ,state1 and local laws1 regulations1 orders1 and guidance affecting children2 7#aa7 represent the views and interests of children1 including marginalized youth1 before ,congress and agencies whose regulatory actions and policies and activities may impact children2 7#ab7 enlist the cooperation and assistance of ,federal1 ,state1 or public agencies1 businesses1 and other organizations in disseminating information in an accessible format about the programs and services provided by the ,federal ,government that benefit children2 7#ac7 encourage agencies and policymakers engaged in activities affecting children to take account of the views and interests of children2 7#ad7 promote greater civic participation in ,united ,states by children and marginalized youth and empower those voices in public policy2 7#ae7 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 reasons1 if any1 that prevent children from thriving2 7#af7 coordinate and share information and data with commissioners and ombudsmen for children in ,state and local governments that is disaggregated1 if at all possible1 along racial1 ethnic1 sex1 disability1 and socioeconomic status2 7#ag7 examine international issues impacting children domestically and abroad and collaborate1 and if appropriate coordinate1 with children's commissioners in other countries2 and 7#ah7 make such other recommendations as may be appropriate to assist the development and strengthening of child well-being4 7b7 ,considerations ,in carrying out the duties under this section1 the ,commission shall consider the views and interests of children relating to-- 7#a7 the physical and mental health and emotional well-being of children2 7#b7 prevention and treatment from or due to child abuse and neglect2 7#c7 early childhood1 ,k-#ab education1 higher education1 and workforce development2 7#d7 the social and economic well-being of children2 7#e7 the ways social determinants and other inequities impact the health and well-being of children2 and 7#f7 the contribution made by children to society4 7c7 ,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-- 7#a7 the agency shall transmit a copy of the report to the ,commission2 and 7#b7 the ,commission may submit to the appropriate committees of ,congress and the agency written comments on the report1 which may include such recommendations as the ,commission determines appropriate4 7d7 ,review of regulations ,the ,commission shall review ,federal regulations1 orders1 guidance1 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-being4 7e7 ,publicly available ,the ,commission shall make any reports issued by the ,commission publicly available on the website of the ,commission so that children1 parents1 providers1 policymakers1 and the general public have access to the findings of the ,commission4 7f7 ,accessibility for children ,if the ,commission publishes a report or makes a comment or recommendation under this section1 the ,commission shall1 if and to the extent the ,commission considers appropriate1 publish an alternative version using language that is appropriate for children4 7g7 ,study on child impact statements ,not later than #ahj days after all members of the ,commission are appointed1 the ,commission shall conduct a study and report to ,congress on the feasibility for agencies to create child impact statements4 7h7 ,report on recommendations ,the ,commission shall review the recommendations from the ,national ,bipartisan ,commission on ,children1 the ,national ,commission on ,children and ,disasters1 the ,commission to ,eliminate ,child ,abuse and ,neglect ,fatalities1 the ,commission on ,native ,children1 and other relevant congressionally authorized commissions and annually report to ,congress on the status of those recommendations4 7i7 ,consultation ,in carrying out the duties under this section1 the ,commission shall consult with1 as appropriate-- 7#a7 children representative of racial and ethnically diverse backgrounds and different backgrounds based on sex 7including sexual orientation and gender identity71 disability1 immigration1 and socioeconomic status1 including marginalized youth2 7#b7 the committees of ,congress that have jurisdiction over children's issues2 7#c7 agencies working on issues impacting child well-being2 7#d7 ,states 7including the ,district of ,columbia and any territory or possession of the ,united ,states71 and ,indian ,tribes and ,tribal organizations 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7#e7 nonprofit organizations advocating for and providing services to children2 7#f7 international organizations and agencies working on issues related to child well-being2 7#g7 civil rights and disability rights organizations that work on children's issues2 7#h7 schools and childcare centers2 and 7#i7 such other organizations1 agencies1 or persons as the ,commission considers appropriate4 #e4 ,powers of commission 7a7 ,hearings ,the ,commission may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers advisable to carry out this ,act4 7b7 ,information from agencies 7#a7 ,in general ,the ,commission may secure directly from a ,federal department or agency such information as the ,commission considers necessary to carry out this ,act4 7#b7 ,furnishing information ,on request of the ,chairperson of the ,commission1 the head of the department or agency shall furnish the information to the ,commission4 7c7 ,data collection ,in order to carry out its duties and functions1 the ,commission shall-- 7#a7 utilize existing information1 both published and unpublished1 where possible1 collected and assessed either by its own staff or under other arrangements made in accordance with this ,act2 7#b7 carry out1 or award grants or contracts for1 original research1 where existing information is inadequate2 and 7#c7 adopt procedures allowing any interested party to submit information for use by the ,commission in making reports and recommendations4 7d7 ,access of ,,gao to information ,the ,comptroller ,general shall have unrestricted access to all deliberations1 records1 and nonproprietary data of the ,commission1 upon request4 7e7 ,periodic audit ,the ,commission shall be subject to periodic audit by the ,comptroller ,general4 7f7 ,amicus curiae 7#a7 ,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 children4 7#b7 ,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 7#a74 7g7 ,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 ,government4 7h7 ,gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services or property4 #f4 ,commission personnel matters 7a7 ,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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,commission4 7b7 ,travel expenses ,a member of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7c7 ,staff 7#a7 ,in general ,the ,children's ,commissioner may1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 appoint and terminate such other additional personnel as may be necessary to enable the ,commission to perform its duties4 7#b7 ,director of children and youth outreach and engagement ,the ,children's ,commissioner shall without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 appoint a ,director of ,children and ,youth ,outreach and ,engagement to help coordinate with1 provide technical support to1 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 ,commission4 7#c7 ,compensation ,the ,children's ,commissioner may fix the compensation of personnel appointed under this subsection without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for any such individual may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of that title4 7d7 ,detail of government employees ,a ,federal ,government employee may be detailed to the ,commission without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7e7 ,procurement of temporary and intermittent services ,the ,children's ,commissioner may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecaf of that title4 #g4 ,duration of ,commission ,section #ajac of title #e1 ,united ,states ,code1 shall not apply to the ,commission4 #h4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to the ,commission to carry out this ,act #g1ejj1jjj for each of fiscal years #bjbg through #bjcd4 7b7 ,availability ,any sums appropriated pursuant to this section shall remain available1 without fiscal year limitation1 until expended4