Section 1 Short title
This Act may be cited as the “Child Safety and Well-Being Act of 2026”.
Child Safety and Well-Being Act of 2026
A BILL
To establish an independent Children’s Commission and position of Commissioner, and for other purposes.
Sec. 2 Definitions
In this Act:
Agency— The term agency has the meaning given the term in section 551 of title 5, United States Code.
Child— The term child means an individual from birth up to an age of 18 years.
Children’s commissioner— The term Children’s Commissioner means the individual employed under section 3(e).
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.
Commission— The term Commission means the Children’s Commission established by section 3(a).
Comptroller general— The term Comptroller General means the Comptroller General of the United States.
Marginalized youth— The term marginalized youth means individuals who—
are not less than 13 years of age; and
experience systemic barriers in the transition from adolescence to adulthood, including—
children who have experienced discrimination on the basis of race, ethnicity, religion, disability status, sex (including sexual orientation and gender identity), or socioeconomic status;
current or former foster youth;
youth in the juvenile justice system, residential treatment, or other systems of care;
homeless and runaway youth;
children with disabilities;
victims of child exploitation and child trafficking;
youth in troubled teen institutional settings; and
other youth identified by the Children’s Commissioner.
Sec. 3 Establishment of Commission
Establishment— There is established the Children’s Commission.
Membership—
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.
Qualifications—
In general— The membership of the Commission shall include—
individuals with national recognition for their scholarship and expertise in issues of importance to children and marginalized youth;
individuals who work for nonprofit organizations that advocate for children, including organizations that protect children’s civil rights;
individuals who work with marginalized youth;
pediatricians, child psychologists, developmental psychologists, and childhood trauma experts;
educators;
other experts who serve children or administer State, Tribal, or local children’s programs;
childcare providers; and
young people with relevant lived experiences.
Varied backgrounds and experiences— The membership of the Commission shall include—
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
individuals and service providers with specific expertise or significant experience in delivering culturally appropriate, trauma-informed, and responsive services for children and youth.
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.
Ethical disclosure—
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.
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.
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.
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.
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.
Terms; vacancies—
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.
Vacancies—
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.
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.
Meetings—
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.
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.
Children’s perspectives— The Commission should seek to incorporate children’s perspectives in each meeting of the Commission.
Quorum— A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
Children’s commissioner—
In general—
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.
Restrictions on employment— An individual may only be employed as the Children’s Commissioner if the individual—
was not employed by, and did not receive compensation from, a for-profit entity during the 2-year period preceding the appointment; and
is an individual described in any of clauses (i) through (viii) of subsection (b)(2)(A).
Duties— The Children's Commissioner shall carry out the following duties:
Solicit applications to fill a vacancy or prospective vacancy in the membership of the Commission with sufficient time for qualified individuals to apply.
Consult with organizations that have a special interest in the functions of the Commission.
Ethical disclosure—
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.
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.
Term—
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.
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.
Limitation— An individual may not serve more than 2 terms as the Children’s Commissioner.
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—
seek such assistance and support as may be required in the performance of its duties from appropriate Federal and State departments and agencies;
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;
make advance, progress, and other payments which relate to the work of the Commission;
provide transportation and subsistence for persons serving without compensation;
prescribe such rules and regulations as the Children's Commissioner determines necessary with respect to the internal organization and operation of the Commission;
reach out directly to children and child advocates to understand their concerns and needs; and
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
In general— The Commission shall—
promote awareness of the views and interests of children and marginalized youth in the United States;
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;
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;
advocate for child well-being in the United States and consider child well-being in Federal legislation, regulatory actions, and policy;
examine the way Federal legislation, regulatory actions, and policy affect marginalized youth and how children and marginalized youth transition into adulthood;
advise Congress, agencies, and States on the views and interests of children and marginalized youth on policies impacting child well-being;
develop proposals for changes in the policies and activities of agencies that will better ensure the well-being of all children;
research or consider any other matter relating to the interests of children and marginalized youth;
publish reports on matters researched or considered under this section;
monitor the development and application of Federal, State, and local laws, regulations, orders, and guidance affecting children;
represent the views and interests of children, including marginalized youth, before Congress and agencies whose regulatory actions and policies and activities may impact children;
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;
encourage agencies and policymakers engaged in activities affecting children to take account of the views and interests of children;
promote greater civic participation in United States by children and marginalized youth and empower those voices in public policy;
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;
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;
examine international issues impacting children domestically and abroad and collaborate, and if appropriate coordinate, with children’s commissioners in other countries; and
make such other recommendations as may be appropriate to assist the development and strengthening of child well-being.
Considerations— In carrying out the duties under this section, the Commission shall consider the views and interests of children relating to—
the physical and mental health and emotional well-being of children;
prevention and treatment from or due to child abuse and neglect;
early childhood, K–12 education, higher education, and workforce development;
the social and economic well-being of children;
the ways social determinants and other inequities impact the health and well-being of children; and
the contribution made by children to society.
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—
the agency shall transmit a copy of the report to the Commission; and
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.
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.
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.
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.
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.
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.
Consultation— In carrying out the duties under this section, the Commission shall consult with, as appropriate—
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;
the committees of Congress that have jurisdiction over children’s issues;
agencies working on issues impacting child well-being;
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));
nonprofit organizations advocating for and providing services to children;
international organizations and agencies working on issues related to child well-being;
civil rights and disability rights organizations that work on children’s issues;
schools and childcare centers; and
such other organizations, agencies, or persons as the Commission considers appropriate.
Sec. 5 Powers of commission
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.
Information from agencies—
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.
Furnishing information— On request of the Chairperson of the Commission, the head of the department or agency shall furnish the information to the Commission.
Data collection— In order to carry out its duties and functions, the Commission shall—
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;
carry out, or award grants or contracts for, original research, where existing information is inadequate; and
adopt procedures allowing any interested party to submit information for use by the Commission in making reports and recommendations.
Access of GAO to information— The Comptroller General shall have unrestricted access to all deliberations, records, and nonproprietary data of the Commission, upon request.
Periodic audit— The Commission shall be subject to periodic audit by the Comptroller General.
Amicus curiae—
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.
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).
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.
Gifts— The Commission may accept, use, and dispose of gifts or donations of services or property.
Sec. 6 Commission personnel matters
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.
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.
Staff—
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.
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.
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.
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.
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.