1.This Act may be cited as
the Children’s Act of
2010
.
2.There is established a
council to be known as the National Council on Children (referred to in this
Act as the Council
).
3.The purposes of the
Council are the following:
(1)To conduct a
comprehensive study to examine and assess the health, safety, and learning
needs of children.
(2)To examine
systems for children’s programs and assess ways to increase spending in
preventive services for children and youth in order to improve outcomes.
(3)To build upon the
evaluations of other entities and avoid unnecessary duplication, by reviewing
the findings, conclusions, and recommendations of previous commissions, the
Federal Government, State and local governments, and nongovernmental entities,
relating to the health, safety, and learning needs of children.
(4)To submit a
report to the President and Congress on specific findings, conclusions, and
recommendations to address the health, safety, and learning needs of
children.
(5)Upon completion
of the study and issuance of recommendations to address the needs of children,
to transition and annually assess the performance of the United States in
ensuring the well-being of children, and make recommendations to improve
children’s well-being, by—
(A)establishing
national goals for improving children’s well-being and developing year-to-year
targets for improvement to determine how the United States fares with respect
to achieving the national goals, in accordance with section 6(b)(1);
(B)identifying and
selecting national indicators of child well-being to measure children’s
positive and negative development in accordance with section 6(b)(3), and
assessing how the United States fares with respect to achieving the national
goals as described in subparagraph (A);
(C)making
legislative and budgetary recommendations to Congress and the President to
achieve the national goals, in accordance with paragraphs (4) and (5) of
section 6(b), which may include recommendations regarding—
(i)policy;
(ii)systemic
reforms;
(iii)incentives for
States;
(iv)methods for
outcomes analysis;
(v)public
information; and
(vi)community
outreach.
4.
(a)Members of the Council shall be appointed during the
period beginning on February 6, 2011, and ending on March 31, 2011.
(b)The
Council shall be composed of 24 members, of whom—
(1)8 members, not
more than 4 of whom may be of the same political party, shall be appointed by
the President;
(2)4 members shall
be appointed by the majority leader of the Senate, after consultation with the
chairperson and ranking member of—
(A)the Committee on
Finance;
(B)the Committee on
Health, Education, Labor, and Pensions;
(C)the Committee on
Appropriations; and
(D)other relevant
committees of the Senate, as determined by the majority leader of the
Senate;
(3)4 members shall
be appointed by the minority leader of the Senate, after consultation with the
chairperson and ranking member of—
(A)the Committee on
Finance;
(B)the Committee on
Health, Education, Labor, and Pensions;
(C)the Committee on
Appropriations; and
(D)other relevant
committees of the Senate, as determined by the minority leader of the
Senate;
(4)4 members shall
be appointed by the Speaker of the House of Representatives, after consultation
with the chairperson and ranking member of—
(A)the Committee on
Ways and Means;
(B)the Committee on
Energy and Commerce;
(C)the Committee on
Education and Labor;
(D)the Committee on
Appropriations; and
(E)other relevant
committees of the House of Representatives, as determined by the Speaker of the
House of Representatives; and
(5)4 members shall
be appointed by the minority leader of the House of Representatives, after
consultation with the chairperson and ranking member of—
(A)the Committee on
Ways and Means;
(B)the Committee on
Energy and Commerce;
(C)the Committee on
Education and Labor;
(D)the Committee on
Appropriations; and
(E)other relevant
committees of the House of Representatives, as determined by the minority
leader of the House of Representatives.
(c)Chairperson,
vice-Chairperson, and meetingsNot later than 30 days after the
date on which all members of the Council have been appointed under subsection
(a), the members shall meet to elect a Chairperson and Vice Chairperson from
among such members and shall determine a schedule of Council meetings.
(d)Council
representation and qualifications
(1)Each member of the Council, including each member
appointed under paragraph (2), shall have substantial knowledge or experience
relating to—
(A)(i)child or adolescent
development (including early childhood development); and
(ii)child health, social and
behavioral development, and education;
(B)indicators of
child well-being;
(C)neurology and
brain development;
(D)law;
(E)finance and
economics;
(F)policy, programs,
or research relating to children and their families;
(G)methods of proven
preventive practice and policy to promote optimal child outcomes; or
(H)functions of the
family, family strengthening, and parent involvement.
(2)
(A)Appointments by
the PresidentIn carrying out subsection (b)(1)(A), the President
shall appoint—
(i)1
individual who represents an organization that—
(I)provides services
to children;
(II)is involved in
activities on behalf of children; or
(III)has engaged in
academic research with respect to the problems and needs of children;
(ii)1
individual who represents elected or appointed public officials (at the
Federal, State, or local level) involved in issues and programs relating to
children;
(iii)1
individual who represents parents (including fathers), relative caregivers and
guardians, or parents’ organizations; and
(iv)not less than 1
other individual who represents any of the groups described in clauses (i),
(ii), and (iii).
(B)Appointments by
congressional leadersNot less than 1 of the 4 individuals that
the majority leader of the Senate, the minority leader of the Senate, the
Speaker of the House of Representatives, and the minority leader of the House
of Representatives each appoint as members of the Council shall be a
representative of not less than one of the groups described in clauses (i)
through (iii) of subparagraph (A).
(C)A Council member appointed under this subsection may, in
addition to meeting all other requirements of this paragraph, be a
representative of—
(i)a
philanthropy focused on the needs of children;
(ii)the business
sector;
(iii)a
public safety organization;
(iv)a
civil rights organization;
(v)an
institution of higher education;
(vi)a
senior citizen organization; or
(vii)the
media.
(3)Consultation
with relevant committeesThe appointments made under
subparagraphs (A) and (B) of paragraph (2) shall be made in consultation with
the chairpersons and ranking members of—
(A)the Committee on
Health, Education, Labor, and Pensions and the Committee on Finance of the
Senate; and
(B)the Committee on
Education and Labor, the Committee on Energy and Commerce, and the Committee on
Ways and Means of the House of Representatives.
(e)
(1)Each member of the Council shall serve a 2-year term, except
as provided in paragraph (3).
(2)A member of the Council may be reappointed at the end of
the member's first term, but may not serve for more than 1 additional 2-year
term.
(3)Notwithstanding
paragraph (2), an active member of Congress or an employee of the Federal
Government may only serve as a member of the Council for the first 2-year term
of the Council or until the report described in section 5(b) has been finalized
and submitted, whichever is later, and may not be reappointed after the end of
such period.
(4)Notwithstanding
paragraphs (2) and (3), a member may serve after the expiration of the member’s
term until the member’s successor has taken office.
(f)
(1)A
majority of the members of the Council shall constitute a quorum, but a lesser
number of members may hold hearings.
(2)Any
vacancy in the Council shall—
(A)not affect the
powers of the Council; and
(B)be filled in the
same manner in which the original appointment was made.
5.
(a)Pursuant to section 3(1), the Council shall conduct a
comprehensive study that examines and assesses the needs of children, including
specific findings relating to the following domains:
(1)The Council shall study children's health and safety,
including how to—
(A)reduce infant
mortality and the number of babies with low birth-weight;
(B)reduce the number
of children with chronic illnesses and disabilities;
(C)improve the
nutrition of children and promote the physical fitness of children;
(D)reduce child
mortality rates and the suicide rate for children and youth;
(E)improve mental
health outcomes for infants, toddlers, preschoolers, children, and
youth;
(F)ensure that
pregnant women and teenagers receive adequate prenatal care and
education;
(G)improve the
provision of health care for foster care children and other vulnerable
populations;
(H)ensure that all
children have access to both preventive and acute health care services,
including dental, vision, and mental health care;
(I)improve the
quality and availability of health care coverage, including dental, vision, and
mental health care, for children;
(J)reduce the number
of children with dental disease through prevention, family education, and
disease management;
(K)improve
coordination of care among child health services; and
(L)improve health
and safety standards in child care settings.
(2)Social and
emotional developmentThe Council shall study the social and
emotional development of children, including how to—
(A)prevent and treat
child abuse and neglect;
(B)improve the
provision of services and supports to vulnerable parents and families,
including those affected by poverty, violence, substance abuse, and parental
depression;
(C)improve
counseling services for children;
(D)strengthen family
functioning;
(E)improve the
quality of early care and education and increase access to such
services;
(F)improve foster
care and adoption services, safely reduce the number of children in foster
care, and increase permanency;
(G)reduce violent
crime victimization rates among youth;
(H)provide services
effectively for youth in transition to adulthood, particularly for vulnerable
youth;
(I)reduce cigarette
smoking and illicit drug and alcohol use by children and youth, and support
children affected (including children affected prenatally and in the early
years) by parental substance use and abuse; and
(J)reduce the
incidence of teenage pregnancy.
(3)Education and
intellectual developmentThe Council shall study education and
the intellectual development of children, including—
(A)how to encourage
academic excellence for all children at all levels of education;
(B)how to improve
access to high-quality early care and education opportunities to enhance
educational achievement;
(C)how to improve
the qualifications of teachers and early care and education providers and
ensure that schools can better prepare our youth for the competitive global
economy;
(D)how parents,
communities, schools, and early childhood programs can work together to help
children achieve success at each step of the academic ladder;
(E)how to encourage
students to complete secondary school and remain in school to fulfill the
students' academic potential and how to reengage students who drop out of
school;
(F)how to
improve—
(i)school stability,
including stability in postsecondary education, for pregnant, parenting,
homeless, and foster youth; and
(ii)the provision of
support services for such youth;
(G)how schools and
early childhood programs can better meet—
(i)the
needs of the diverse children of the United States, including the needs of
children from various ethnic and racial backgrounds; and
(ii)the special
needs of children with disabilities and children with limited English
proficiency;
(H)how to leverage
data, standards, assessments, and accountability systems to appropriately
improve educational opportunities for all children;
(I)how to improve
access to affordable higher education opportunities for all youth, particularly
for low- and moderate-income youth, including improving such access for youth
in foster care and former foster care youth; and
(J)how to improve
access to and quality of after-school and youth development programs.
(4)The Council shall study economic security and tax
policy, including—
(A)how to reduce
short- and long-term poverty among children;
(B)how to ensure
that parents support their children to the fullest extent possible;
(C)how to ensure
that cash assistance to needy children is adequate;
(D)how to ensure
that child care assistance to families is adequate;
(E)how to ensure the
equitable tax treatment of families with children;
(F)the effect of
existing tax provisions, including the dependent care tax credit, the earned
income tax credit, and the child tax credit, on children living in poverty, as
well as children in other low and moderate income working families;
(G)whether and how
the dependent care tax credit should be modified and the effect of such a
policy;
(H)whether and how
the earned income tax credit should be modified and the effect of such a
policy;
(I)whether and how
the child tax credit should be modified and the effect of such a policy;
and
(J)whether other
tax-related policies would reduce poverty among children, and improve child
well-being generally.
(5)In addition to making the findings described in
paragraphs (1) through (4), the Council shall—
(A)(i)identify ways in which
public and private organizations and institutions can work together at the
community level to identify deficiencies in existing services (as of the time
of the study) for children and families; and
(ii)develop recommendations to ensure
that the needs of families and children are met, using all available resources,
in a coordinated and comprehensive manner;
(B)(i)assess the existing
capacities of agencies to collect and analyze data on the status of children
and on relevant programs;
(ii)identify gaps in the data
collection system for such data; and
(iii)recommend ways to improve the
collection of data and the coordination among agencies in the collection and
utilization of such data;
(C)identify, review,
and evaluate pertinent laws, regulations, policies, and programs existing as of
the time of the study that are relevant to the needs of children;
(D)identify
promising approaches to ensuring that all children have equal access to
high-quality programs, services, and resources, irrespective of—
(i)geographic
location;
(ii)ethnic and
racial background;
(iii)special needs;
or
(iv)disabilities;
(E)identify ways to
ensure the integration of policies, programs, and efforts across the domains
described in paragraphs (1) through (4);
(F)identify ways to
ensure the integration of policies, programs, and efforts for children across
age groups, including infants, toddlers, preschoolers, children, and
youth;
(G)identify ways to
promote proven practices with a return on investment for children and youth;
and
(H)identify ways to
incentivize Federal agencies and State governments to promote prevention
practices and policies, rather than a crisis response, in addressing children’s
needs.
(b)
(1)The Council shall prepare, in accordance with this
subsection—
(A)an interim report
not later than 1 year after the date of the first meeting of the Council;
and
(B)a final report
not later than 2 years after the date of the first meeting of the
Council.
(2)The
Council shall include, in each report described in paragraph (1), the specific
findings and conclusions from the Council's study and the recommendations of
the Council addressing the needs of children, including specific
recommendations on the need for actions, policies, regulations, and legislative
changes as the Council considers appropriate.
(3)The
Council shall hold regional public hearings to collect information for the
report and shall make such information available for use by the public.
(4)Testimony,
data, and findingsEach report described in paragraph (1)
shall—
(A)be based upon the
testimony received in the hearings conducted pursuant to paragraph (3) and
section 8(a), and upon other data and findings developed by the Council;
and
(B)be agreed to by a
majority of the Council members.
(5)The
Council shall submit each report described in paragraph (1) to—
(A)the
President;
(B)the Committee on
Finance and the Committee on Health, Education, Labor, and Pensions of the
Senate; and
(C)the Committee on
Ways and Means, the Committee on Education and Labor, and the Committee on
Energy and Commerce of the House of Representatives.
(6)The Council may issue additional reports as the Council
determines necessary.
6.Transition
period and ongoing duties
(a)Transition and
planning periodImmediately after submitting a final report
described in section 5(b)(1)(B), the Council shall begin a 60-day period during
which the Council shall plan how to transition to the ongoing duties described
in subsection (b).
(b)After
the transition and planning period described in subsection (a), the Council
shall begin to annually assess the performance of the United States in ensuring
the well-being of children, and to make recommendations to improve children’s
well-being, by carrying out the following:
(1)Setting
national goals and targets
(A)Establishment
of goals and targetsNot later than 1 year after the issuance of
the final report under section 5(b), the Council shall—
(i)establish
national goals to help guide the selection of national indicators of child
well-being, and of systems indicators to improve child well-being and to
promote prevention practices, in each domain described in paragraph
(3)(A);
(ii)develop
year-to-year targets to measure improvements in such national indicators and
systems indicators toward achieving the national goals; and
(iii)in carrying out
clauses (i) and (ii), review and consider any existing national goals and
year-to-year targets.
(B)The
Council may, as the Council determines appropriate, revise the national goals
and year-to-year targets established under subparagraph (A).
(2)Accountability
through annual evaluationThe Council shall annually evaluate the
progress of the United States toward achieving the national goals and
year-by-year targets under paragraph (1)(A).
(3)Defining the
domains of child well-beingThe Council shall define each domain
of child well-being described in paragraphs (1) through (4) of section
5(a).
(4)Indicators of
child well-being
(A)For purposes of this Act, the indicators of child
well-being selected under subparagraph (B)(ii), including any modifications to
such indicators made in accordance with subparagraph (D)(i), shall be known as
the national indicators of child well-being
.
(B)Establishing
the national indicators of child well-beingThe Council shall
establish the initial national indicators of child well-being by—
(i)identifying
existing indicators of child well-being in each domain defined under paragraph
(3); and
(ii)selecting
indicators of child well-being in each domain that meet the requirements of
subparagraph (C) and that directly correspond to the national goals established
under paragraph (1)(A).
(C)Reliability and
measurementIn order to be selected as a national indicator of
child well-being, an indicator shall be—
(i)reliable, valid,
and grounded in scientific theory and research in existence as of the date of
the selection or revision of the indicator;
(ii)measured
regularly to assess trends over time;
(iii)measured across
population subgroups;
(iv)culturally
appropriate and relevant;
(v)disaggregated, to
the extent practicable, by social characteristics such as gender, age, race,
ethnicity, poverty status, family structure, immigrant status of the child and
the child’s parents, educational level, and disability status;
(vi)measured across
age-groups, in order to set a standard to be utilized in future research or
surveys; and
(vii)measured across
consistent demographic criteria in order to identify appropriate social
characteristics and race categories, setting a standard to be utilized in
future research or surveys.
(D)The
Council shall modify the national indicators of child well-being as the Council
determines appropriate by—
(i)revising the
national indicators of child well-being (including by adding or removing
indicators); and
(ii)identifying or,
as necessary, providing research and recommendations to support the development
of, new or improved indicators of child well-being in such domains.
(5)Providing
legislative recommendations
(A)Not later than 1 year after the Council establishes
national goals under paragraph (1)(A), and annually thereafter, the Council
shall submit to Congress specific legislative recommendations, including
specific legislative language to achieve the national goals.
(B)The annual legislative recommendations made by the
Council under subparagraph (A) shall be subject to notice and opportunity for
comment by the public for not less than 60 days before the submission of the
legislative recommendations to Congress, and such notice and comments shall be
published in the Federal Register.
(6)Providing
recommendations
(A)Not later than 1 year after the Council establishes
national goals under paragraph (1)(A), and annually thereafter, the Council
shall submit, in a timely manner for consideration in the budget process, the
recommendations described in subparagraphs (B), (C), and (D) to the President,
the chairperson and ranking member of the Committee on the Budget of the House
of Representatives, and the chairperson and ranking member of the Committee on
the Budget of the Senate.
(B)Budgetary
recommendationsThe Council shall submit budgetary
recommendations as to the amount of funding required by Federal departments and
agencies for the purpose of achieving the national goals.
(C)Reporting
recommendationsThe Council shall submit specific recommendations
for how Federal expenditures for children and youth should be reported in order
to determine what percentage of those expenses are spent on prevention
services.
(D)Recommendations
regarding needs and distribution of Federal resourcesThe Council
shall submit specific recommendations as to what Federal resources are required
by, and how the Federal resources should be distributed to, the States in order
to best achieve—
(i)the
national goals; and
(ii)goals developed
by the States to improve children’s well-being, if applicable.
(7)
(A)Not later than September 30 of the year following the
year the Council establishes initial national goals under paragraph (1)(A), and
each September 30 thereafter, the Council shall prepare and submit to the
President and Congress a report entitled National Indicators of Child
Well-being: A Report Card
that shall—
(i)assess the status
of the United States in achieving the national goals and year-by-year targets
established and developed under subparagraphs (B) and (C) of paragraph (1);
and
(ii)present, as
appropriate, available data relating to children on health, education, personal
development, housing, employment, insurance, prevention, and early
intervention.
(B)In determining the findings, conclusions, and
recommendations to include in the report described in subparagraph (A), the
Council shall seek input from the public, particularly—
(i)parents;
(ii)educators;
(iii)pediatricians;
(iv)pediatric nurse
practitioners;
(v)mental health
professionals;
(vi)child welfare
professionals;
(vii)psychiatrists;
(viii)psychologists;
(ix)behavioral
scientists;
(x)social
workers;
(xi)demographers;
and
(xii)representatives
of organizations with a broad range of expertise in—
(I)child
development;
(II)indicators of
child well-being; or
(III)policy,
programs, or research relating to children and their families.
(8)Use of national
indicators of child well-beingThe Council or a Federal
department or agency that elects to use the national indicators of child
well-being shall use the indicators only to—
(A)identify positive
and negative trends in child well-being;
(B)identify policies
or programs that are deserving of rigorous, formal evaluation;
(C)describe or
elucidate circumstances and particular trends and patterns, in the areas of
positive and negative outcomes for children;
(D)monitor or track
positive and negative outcomes for children; or
(E)set goals or
establish measurable targets or thresholds.
7.
(a)The
Council may hold such hearings, meet and act at such times and places, and
receive such evidence as may be necessary to carry out the functions of the
Council.
(b)Information
from Federal agencies
(1)The Council may access, to the extent authorized by law,
from any executive department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the Federal Government such
information, suggestions, estimates, and statistics as the Council considers
necessary to carry out this Act.
(2)On written request of the Chairperson of the Council,
each department, bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent authorized by law,
provide the requested information to the Council.
(3)Receipt,
handling, storage, and disseminationInformation shall only be
received, handled, stored, and disseminated by members and staff of the Council
consistent with all applicable statutes, regulations, and Executive
orders.
(c)Assistance from
Federal agencies
(1)General
Services AdministrationOn request of the Chairperson of the
Council, the Administrator of General Services shall provide to the Council, on
a reimbursable basis, administrative support and other assistance necessary for
the Council to carry out the duties of the Council.
(2)Other
departments and agenciesIn addition to the assistance provided
under paragraph (1), departments and agencies of the United States may provide
to the Council such assistance as they may determine advisable and as
authorized by law.
(d)Contracts and
cooperative agreementsThe Council may enter into contracts or
cooperative agreements with Federal or State agencies, other entities,
including private entities and institutions of higher education, or individuals
for activities necessary to the discharge of the duties and responsibilities of
the Council, including—
(1)the conduct of
research and surveys;
(2)the preparation
of reports; and
(3)the
identification and development of indicators of child well-being;
(e)The Council may accept, use, and dispose of
donations of services or property.
(f)The Council may use
the United States mails in the same manner and under the same conditions as a
department or agency of the United States.
8.
(a)The Chairperson, in
consultation with the Vice Chairperson and in accordance with rules agreed upon
by the Council, may appoint and fix the compensation of an executive director
and such other personnel as may be necessary to enable the Council to carry out
the functions of the Council, in accordance with the provisions of title 5,
United States Code, except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States Code.
(b)Qualifications
of executive director
(1)The
executive director shall be an individual who has demonstrated experience in
strategic planning, administration, and business management, and has exhibited
competency in—
(A)planning or
operations of programs for children and families;
(B)working
cooperatively and effectively with others to set goals, resolve problems and
make decisions that will enhance the Council’s effectiveness;
(C)managing projects
effectively; and
(D)developing
realistic action plans and time schedules.
(2)The
executive director shall have—
(A)expertise in
child well-being or child development; and
(B)an understanding
of and appreciation for—
(i)research relating
to children and families; and
(ii)indicators of
child well-being.
(c)Upon
request of the Chairperson of the Council, the head of any executive
department, bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Federal Government may detail, without
reimbursement, any of its personnel to the Council to assist the Council in
carrying out the duties of the Council under this Act. Any detail of an
employee shall be without interruption or loss of civil service status or
privilege.
(d)The Council may procure the services of experts and
consultants in accordance with section 3109 of title 5, United States Code, but
at rates not to exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of such title.
9.Each member of the
Council shall serve without compensation, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with applicable
provisions in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of title 5, United
States Code.
10.Federal
Advisory Committee Act applicabilityThe provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the Council, except that sections
10 and 14 of such Act shall not apply.
11.The Council shall prepare annually a budget
justifying amounts necessary to carry out the duties of the Council and shall
annually submit the budget and any appropriations requests both to Congress and
to the Director of the Office of Management and Budget.
12.Authorization
of appropriationsThere are
authorized to be appropriated such sums as may be necessary to carry out this
Act.