
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320b-9]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 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'').
---------------------------------------------------------------------------
    \1\ So in original. No par. (2) has been enacted.
---------------------------------------------------------------------------

(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.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1139, as added Pub. L. 100-203, 
title IX, Sec. 9136, Dec. 22, 1987, 101 Stat. 1330-316; amended Pub. L. 
100-647, title VIII, Sec. 8201, Nov. 10, 1988, 102 Stat. 3798; Pub. L. 
101-45, title IV, Sec. 409, June 30, 1989, 103 Stat. 130; Pub. L. 101-
239, title VI, Sec. 6221, Dec. 19, 1989, 103 Stat. 2255; Pub. L. 101-
508, title IV, Sec. 4207(k)(6), formerly Sec. 4027(k)(6), title V, 
Sec. 5057, Nov. 5, 1990, 104 Stat. 1388-125, 1388-230; Pub. L. 103-432, 
title I, Sec. 160(d)(4), title II, Sec. 264(d), Oct. 31, 1994, 108 Stat. 
4444, 4468.)

                       References in Text

    The provisions of title 5 that govern appointments in the 
competitive services, referred to in subsec. (f)(1), are classified 
generally to section 3301 et seq. of Title 5, Government Organization 
and Employees.


                               Amendments

    1994--Subsec. (d). Pub. L. 103-432, Sec. 264(d), repealed Pub. L. 
101-508, Sec. 5057. See 1990 Amendment note below.
    1990--Subsec. (d). Pub. L. 101-508, Sec. 5057, which directed 
amendment of subsec. (d) by substituting ``an interim report no later 
than September 30, 1990, and a final report no later than March 31, 
1991'' for ``an interim report no later than March 31, 1991, and a final 
report no later than September 30, 1990'', and could not be executed, 
was repealed by Pub. L. 103-432, Sec. 264(d). See Construction of 1990 
Amendment note below.
    Pub. L. 101-508, Sec. 4207(k)(6), formerly Sec. 4027(k)(6), as 
renumbered by Pub. L. 103-432, Sec. 160(d)(4), substituted ``interim 
report no later than March 31, 1990, and a final report no later than 
March 31, 1991, setting forth'' for ``interim report no later than March 
31, 1991, and a final report no later than September 30, 1990, setting 
forth''.
    1989--Subsec. (d). Pub. L. 101-239, Sec. 6221(1), which directed the 
substitution of ``March 31, 1990'' for ``September 30, 1988'' and 
``March 31, 1991'' for ``March 31, 1990 [1989]'', could only be executed 
in part by substituting ``March 31, 1991'' for ``March 30, 1990'' in 
view of amendment by Pub. L. 100-647. See 1990 Amendment note above.
    Subsec. (e)(1)(A), (4)(B). Pub. L. 101-239, Sec. 6221(2), 
substituted ``March 31, 1991'' for ``September 30, 1990''.
    Subsec. (f). Pub. L. 101-45 amended subsec. (f) generally. Prior to 
amendment, subsec. (f) read as follows:
    ``(1) The Commission shall appoint an Executive Director of the 
Commission who shall be compensated at a rate fixed by the Commission, 
but which shall not exceed the rate established for level V of the 
Executive Schedule under title 5.
    ``(2) In addition to the Executive Director, the Commission may 
appoint and fix the compensation of such personnel as it deems 
advisable, in accordance with the provisions of title 5 governing 
appointments to the competitive service, and the provisions of chapter 
51 and subchapter III of chapter 53 of such title, relating to 
classification and General Schedule pay rates.''
    Subsec. (j). Pub. L. 101-239, Sec. 6221(3), substituted ``through 
fiscal year 1991, such sums'' for ``such sums''.
    Subsecs. (k), (l). Pub. L. 101-239, Sec. 6221(4), added subsecs. (k) 
and (l).
    1988--Subsec. (d). Pub. L. 100-647, Sec. 8201(1), (2), substituted 
``March 31, 1990'' for ``September 30, 1988'' and ``September 30, 1990'' 
for ``March 31, 1989'' in introductory provisions.
    Subsec. (e)(1)(A), (4)(B). Pub. L. 100-647, Sec. 8201(3), (4), 
substituted ``September 30, 1990'' for ``March 31, 1989''.
    Subsec. (j). Pub. L. 100-647, Sec. 8201(5), inserted ``for each of 
fiscal years 1989 and 1990'' before period at end.

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives and Committee on Energy and Commerce of House 
of Representatives treated as referring to Committee on Commerce of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.


                    Effective Date of 1994 Amendment

    Section 264(h) of Pub. L. 103-432 provided that: ``Each amendment 
made by this section [amending this section and sections 602, 1382a, and 
1383 of this title] shall take effect as if included in the provision of 
OBRA-1990 [Pub. L. 101-508] to which the amendment relates at the time 
such provision became law.''


                     Construction of 1990 Amendment

    Section 264(d) of Pub. L. 103-432 provided that: ``Section 5057 of 
OBRA-1990 [Pub. L. 101-508, amending this section], and the amendment 
made by such section, are hereby repealed, and section 1139(d) of the 
Social Security Act [subsec. (d) of this section] shall be applied and 
administered as if such section 5057 had never been enacted.''


                   Termination of Advisory Commissions

    Advisory commissions established after Jan. 5, 1973, to terminate 
not later than the expiration of the 2-year period beginning on the date 
of their establishment, unless, in the case of a commission established 
by the President or an officer of the Federal Government, such 
commission is renewed by appropriate action prior to the expiration of 
such 2-year period, or in the case of a commission established by the 
Congress, its duration is otherwise provided for by law. See sections 
3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out 
in the Appendix to Title 5, Government Organization and Employees.
