NATIONAL COMMISSION ON CHILDREN SEC. 1139. [42 U.S.C. 1320b-9] (a)(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)(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)(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). (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) 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), and upon other data and findings developed by the Commission. (e)(1)(A) Members of the Commission shall first be appointed not later than 60 days after the date of the enactment of this section 209, 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 the date of the enactment of this section and ending with September 30, 1990. (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 nec 209 December 22, 1987 (P.L. 100-203; 101 Stat. 1330-316). essary expenses incurred in the performance of their duties as members of the Commission. (f)(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 title 5, United States Code, 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, United States Code 210, as the Commission determines to be necessary to carry out the duties of the Commission. (g) 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)(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) The General Services Administration shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (j) 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)(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 require ments. (1) 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, United States Code 211. 210 See Vol. II, Title 5. 211 See Vol. II, Title 44. PROHIBITION OF MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN SEC. 1140. [42 U.S.C. 1320b-10] (a)(1) No person may use, in connection with any item constituting an advertisement, solicitation, circular, book, pamphlet, or other communication, or a play, motion picture, broadcast, telecast, or other production, alone or with other words, letters, symbols, or emblems (A) the words "Social Security", "Social Security Account", "Social Security System", "Social Security Administration", "Medicare", "Health Care Financing Administration", "Department of Health and Human Services", "Health and Human Services", "Supplemental Security Income Program", or "Medicaid", the letters "SSA", "HCFA", "DHHS", "HHS", or "SSI", or any other combination or variation of such words or letters, or (B) a symbol or emblem of the Social Security Administration, Health Care Financing Administration, or Department of Health and Human Services (including the design of, or a reasonable facsimile of the design of, the social security card issued pursuant to section 205(c)(2)(F), or the Medicare card the check used for payment of benefits under title II, or envelopes or other stationery used by the Social Security Administration, Health Care Financing Administration, or Department of Health and Human Services) or any other combination or variation of such symbols or emblems, in a manner which such person knows or should know would convey, or in a manner which reasonably could be interpreted or construed as conveying, the false impression that such item is approved, endorsed, or authorized by the Social Security Administration, the Health Care Financing Administration, or the Department of Health and Human Services or that such person has some connection with, or authorization from, the Social Security Administration, the Health Care Financing Administration, or the Department of Health and Human Services. The preceding provisions of this subsection shall not apply with respect to the use by any agency or instrumentality of a State or political subdivision of a State of any words or letters which identify an agency or instrumentality of such State or of a political subdivision of such State or the use by any such agency or instrumentality of any symbol or emblem of an agency or instrumentality of such State or a political subdivision of such State. (2)(A) No person may, for a fee, reproduce, reprint, or distribute any item consisting of a form, application, or other publication of the Social Security Administration unless such person has obtained specific, written authorization for such activity in accordance with regulations which the Commissioner of Social Security shall prescribe. (B) No person may, for a fee, reproduce, reprint, or distribute any item consisting of a form, application, or other publication of the Department of Health and Human Services unless such person has obtained specific, written authorization for such activity in accordance with regulations which the Secretary shall prescribe. (3) Any determination of whether the use of one or more words, letters, symbols, or emblems (or any combination or variation thereof) in connection with an item described in paragraph (1) or 212 See Vol. II, P.L. 103–296, §312(k), with respect to reports on the operation of §1140. |