S. 4763

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4763 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4763

To establish an independent Children's Commission and position of 
Commissioner, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 11, 2026

Mr. Markey (for himself, Mr. Lujan, Mr. Schiff, Mr. Van Hollen, and Ms. 
Warren) introduced the following bill; which was read twice and 
referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

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 
2026''.

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 by section 3(a).
(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 membership 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) individuals who work for nonprofit 
organizations that advocate for children, 
including organizations that protect children's 
civil rights;
(iii) individuals 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) childcare providers; and
(viii) young people with relevant lived 
experiences.
(B) Varied backgrounds and experiences.--The 
membership of the 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 makeup 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) Financial disclosure requirements.--A 
member of the Commission shall be deemed to be 
an individual described in section 13103(f) of 
title 5, United States Code, and shall be 
subject to the requirements of subchapter I of 
chapter 131 of such title.
(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 and interested individuals for the Commission 
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 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 the members 
of the Commission, each of whom shall serve in such positions 
of Chair and Vice Chair for a period of 1 year.
(c) Terms; Vacancies.--
(1) Terms.--The terms of the members of the Commission 
shall be 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) In general.--
(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, 
without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive 
service.
(B) Restrictions on employment.--An individual may 
only be employed as the Children's Commissioner if the 
individual--
(i) was not employed by, and did not 
receive compensation from, a for-profit entity 
during the 2-year period preceding the 
appointment; and
(ii) is an individual described in any of 
clauses (i) through (viii) of subsection 
(b)(2)(A).
(C) Duties.--The Children's Commissioner shall 
carry out the following duties:
(i) Solicit applications to fill a vacancy 
or prospective vacancy in the membership of the 
Commission with sufficient time for qualified 
individuals to apply.
(ii) Consult with organizations that have a 
special interest in the functions of the 
Commission.
(D) Ethical disclosure.--
(i) 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 Commissioner.
(ii) Financial disclosure requirements.--
The Children's Commissioner shall be deemed to 
be an individual described in section 13103(f) 
of title 5, United States Code, and shall be 
subject to the requirements of subchapter I of 
chapter 131 of such title.
(2) Term.--
(A) In general.--The term of the Children's 
Commissioner shall be 5 years, beginning on the date on 
which the Commission employs the Children's 
Commissioner.
(B) 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 Commissioner, 
whichever is later.
(C) Limitation.--An individual may not serve more 
than 2 terms as the Children's Commissioner.
(3) Experts and consultants.--Subject to such review as the 
Comptroller General determines necessary to ensure the 
efficient administration of the Commission, the Children's 
Commissioner may--
(A) seek such assistance and support as may be 
required in the performance of its duties from 
appropriate Federal and State departments and agencies;
(B) 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;
(C) make advance, progress, and other payments 
which relate to the work of the Commission;
(D) provide transportation and subsistence for 
persons serving without compensation;
(E) prescribe such rules and regulations as the 
Children's Commissioner determines necessary with 
respect to the internal organization and operation of 
the Commission;
(F) reach out directly to children and child 
advocates to understand their concerns and needs; and
(G) 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 
affect 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, 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, if at all possible, along 
racial, ethnic, sex, disability, and socioeconomic status;
(17) examine international issues impacting children 
domestically and abroad and collaborate, and if 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 social determinants 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 
appropriate, publish an alternative version using language that is 
appropriate for children.
(g) Study on Child Impact Statements.--Not later than 180 days 
after all members of the Commission are appointed, the Commission shall 
conduct a study and report to 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) the 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 organizations (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 childcare 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 provisions of title 5, United States Code, 
governing appointments in the competitive service, 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 without regard 
to the provisions of title 5, United States Code, governing 
appointments in the competitive service, 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 personnel appointed under this subsection 
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 any such 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, shall not apply to the 
Commission.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to the 
Commission to carry out this Act $7,500,000 for each of fiscal years 
2027 through 2034.
(b) Availability.--Any sums appropriated pursuant to this section 
shall remain available, without fiscal year limitation, until expended.
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