42 U.S.C. § 1320b-9 : US Code - Section 1320B-9: National Commission on Children

Search 42 U.S.C. § 1320b-9 : US Code - Section 1320B-9: National Commission on Children

(a) Establishment
(1) (!1) There is hereby established a commission to be known as
the National Commission on Children (in this section referred to as
the "Commission").
(b) Membership
(1) The Commission shall consist of -
(A) 12 members to be appointed by the President,
(B) 12 members to be appointed by the Speaker of the House of
Representatives, and
(C) 12 members to be appointed by the President pro tempore of
the Senate.
(2) The President, the Speaker, and the President pro tempore
shall each appoint as members of the Commission -
(A) 4 individuals who -
(i) are representatives of organizations providing services
to children,
(ii) are involved in activities on behalf of children, or
(iii) have engaged in academic research with respect to the
problems and needs of children,
(B) 4 individuals who are elected or appointed public officials
(at the Federal, State, or local level) involved in issues and
programs relating to children, and
(C) 4 individuals who are parents or representatives of parents
or parents' organizations.
(3) The appointments made pursuant to subparagraphs (B) and (C)
of paragraph (1) shall be made in consultation with the chairmen of
committees of the House of Representatives and the Senate,
respectively, having jurisdiction over relevant Federal programs.
(c) Duties and functions of Commission; public hearings in
different geographical areas; broad spectrum of witnesses and
testimony
(1) It shall be the duty and function of the Commission to serve
as a forum on behalf of the children of the Nation and to conduct
the studies and issue the report required by subsection (d) of this
section.
(2) The Commission (and any committees that it may form) shall
conduct public hearings in different geographic areas of the
country, both urban and rural, in order to receive the views of a
broad spectrum of the public on the status of the Nation's children
and on ways to safeguard and enhance the physical, mental, and
emotional well-being of all of the children of the Nation,
including those with physical or mental disabilities, and others
whose circumstances deny them a full share of the opportunities
that parents of the Nation may rightfully expect for their
children.
(3) The Commission shall receive testimony from individuals, and
from representatives of public and private organizations and
institutions with an interest in the welfare of children, including
educators, health care professionals, religious leaders, providers
of social services, representatives of organizations with children
as members, elected and appointed public officials, and from
parents and children speaking in their own behalf.
(d) Interim and final report to President and Congress;
recommendations
The Commission shall submit to the President, and to the
Committees on Finance and Labor and Human Resources of the Senate
and the Committees on Ways and Means, Education and Labor, and
Energy and Commerce of the House of Representatives, an interim
report no later than March 31, 1990, and a final report no later
than March 31, 1991, setting forth recommendations with respect to
the following subjects:
(1) Questions relating to the health of children that the
Commission shall address include -
(A) how to reduce infant mortality,
(B) how to reduce the number of low-birth-weight babies,
(C) how to reduce the number of children with chronic
illnesses and disabilities,
(D) how to improve the nutrition of children,
(E) how to promote the physical fitness of children,
(F) how to ensure that pregnant women receive adequate
prenatal care,
(G) how to ensure that all children have access to both
preventive and acute care health services, and
(H) how to improve the quality and availability of health
care for children.
(2) Questions relating to social and support services for
children and their parents that the Commission shall address
include -
(A) how to prevent and treat child neglect and abuse,
(B) how to provide help to parents who seek assistance in
meeting the problems of their children,
(C) how to provide counseling services for children,
(D) how to strengthen the family unit,
(E) how children can be assured of adequate care while their
parents are working or participating in education or training
programs,
(F) how to improve foster care and adoption services,
(G) how to reduce drug and alcohol abuse by children and
youths, and
(H) how to reduce the incidence of teenage pregnancy.
(3) Questions relating to education that the Commission shall
address include -
(A) how to encourage academic excellence for all children at
all levels of education,
(B) how to use preschool experiences to enhance educational
achievement,
(C) how to improve the qualifications of teachers,
(D) how schools can better prepare the Nation's youth to
compete in the labor market,
(E) how parents and schools can work together to help
children achieve success at each step of the academic ladder,
(F) how to encourage teenagers to complete high school and
remain in school to fulfill their academic potential,
(G) how to address the problems of drug and alcohol abuse by
young people,
(H) how schools might lend support to efforts aimed at
reducing the incidence of teenage pregnancy, and
(I) how schools might better meet the special needs of
children who have physical or mental handicaps.
(4) Questions relating to income security that the Commission
shall address include -
(A) how to reduce poverty among children,
(B) how to ensure that parents support their children to the
fullest extent possible through improved child support
collection services, including services on behalf of children
whose parents are unmarried, and
(C) how to ensure that cash assistance to needy children is
adequate.
(5) Questions relating to tax policy that the Commission shall
address include -
(A) how to assure the equitable tax treatment of families
with children,
(B) the effect of existing tax provisions, including the
dependent care tax credit, the earned income tax credit, and
the targeted jobs tax credit, on children living in poverty,
(C) whether the dependent care tax credit should be
refundable and the effect of such a policy,
(D) whether the earned income tax credit should be adjusted
for family size and the effect of such a policy, and
(E) whether there are other tax-related policies which would
reduce poverty among children.
(6) In addition to addressing the questions specified in
paragraphs (1) through (5), the Commission shall -
(A) seek to identify ways in which public and private
organizations and institutions can work together at the
community level to identify deficiencies in existing services
for families and children and to develop recommendations to
ensure that the needs of families and children are met, using
all available resources, in a coordinated and comprehensive
manner, and
(B) assess the existing capacities of agencies to collect and
analyze data on the status of children and on relevant
programs, identify gaps in the data collection system, and
recommend ways to improve the collection of data and the
coordination among agencies in the collection and utilization
of data.
The reports required by this subsection shall be based upon the
testimony received in the hearings conducted pursuant to subsection
(c) of this section, and upon other data and findings developed by
the Commission.
(e) Time of appointment of members; vacancies; election of
Chairman; quorum; calling of meetings; number of meetings;
voting; compensation and expenses
(1)(A) Members of the Commission shall first be appointed not
later than 60 days after December 22, 1987, for terms ending on
March 31, 1991.
(B) A vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner as the vacant position was first
filled.
(2) The Commission shall elect one of its members to serve as
Chairman of the Commission. The Chairman shall be a nonvoting
member of the Commission.
(3) A majority of the members of the Commission shall constitute
a quorum for the transaction of business.
(4)(A) The Commission shall meet at the call of the Chairman, or
at the call of a majority of the members of the Commission.
(B) The Commission shall meet not less than 4 times during the
period beginning with December 22, 1987, and ending with March 31,
1991.
(5) Decisions of the Commission shall be according to the vote of
a simple majority of those present and voting at a properly called
meeting.
(6) Members of the Commission shall serve without compensation,
but shall be reimbursed for travel, subsistence, and other
necessary expenses incurred in the performance of their duties as
members of the Commission.
(f) Executive Director and additional personnel; appointment and
compensation; consultants
(1) The Commission shall appoint an Executive Director of the
Commission. In addition to the Executive Director, the Commission
may appoint and fix the compensation of such personnel as it deems
advisable. Such appointments and compensation may be made without
regard to the provisions of title 5 that govern appointments in the
competitive services, and the provisions of chapter 51 and
subchapter III of chapter 53 of such title that relate to
classifications and the General Schedule pay rates.
(2) The Commission may procure such temporary and intermittent
services of consultants under section 3109(b) of title 5 as the
Commission determines to be necessary to carry out the duties of
the Commission.
(g) Time and place of hearings and nature of testimony authorized
In carrying out its duties, the Commission, or any duly organized
committee thereof, is authorized to hold such hearings, sit and act
at such times and places, and take such testimony, with respect to
matters for which it has a responsibility under this section, as
the Commission or committee may deem advisable.
(h) Data and information from other agencies and departments
(1) The Commission may secure directly from any department or
agency of the United States such data and information as may be
necessary to carry out its responsibilities.
(2) Upon request of the Commission, any such department or agency
shall furnish any such data or information.
(i) Support services by General Services Administration
The General Services Administration shall provide to the
Commission, on a reimbursable basis, such administrative support
services as the Commission may request.
(j) Authorization of appropriations
There are authorized to be appropriated through fiscal year 1991,
such sums as may be necessary to carry out this section for each of
fiscal years 1989 and 1990.
(k) Donations accepted and deposited in Treasury in separate fund;
expenditures; gift or bequest to or for use of United States
(1) The Commission is authorized to accept donations of money,
property, or personal services. Funds received from donations shall
be deposited in the Treasury in a separate fund created for this
purpose. Funds appropriated for the Commission and donated funds
may be expended for such purposes as official reception and
representation expenses, public surveys, public service
announcements, preparation of special papers, analyses, and
documentaries, and for such other purposes as determined by the
Commission to be in furtherance of its mission to review national
issues affecting children.
(2) For purposes of Federal income, estate, and gift taxation,
money and other property accepted under paragraph (1) of this
subsection shall be considered as a gift or bequest to or for the
use of the United States.
(3) Expenditure of appropriated and donated funds shall be
subject to such rules and regulations as may be adopted by the
Commission and shall not be subject to Federal procurement
requirements.
(l) Public surveys
The Commission is authorized to conduct such public surveys as it
deems necessary in support of its review of national issues
affecting children and, in conducting such surveys, the Commission
shall not be deemed to be an "agency" for the purpose of section
3502 of title 44.