Sen. Markey and Rep. McGarvey Want to Give Children a Voice -- Congress Should Listen

Children are affected by nearly every policy decision, yet have no independent voice to raise attention to their unique needs and best interests. A new bill in Congress would provide such a voice.

Kids don’t vote. They don’t have Political Action Committees (PACs). They don’t hire lobbyists to represent their interests in Congress.

Yet, children make up nearly one-quarter of the population, and the decisions adults make today shape their lives for decades to come.

Currently, on just about every indicator of child well-being, children are performing poorly. Child poverty has more than doubled since 2021. The uninsured rate for children is rising after two decades of progress. Infant and child mortality are significantly higher in the United States than in other countries. Child hunger is on the rise. Child homelessness is increasing. We continue to do little to nothing about school shootings. Families across the country are experiencing a child care crisis.

Our national response has been to:

• Slash federal investments in children, as the share of federal spending on children has dropped from 11.98% in 2021 to just 8.57% in 2025 – a decline of more than 28%.

• Threaten the existence of the one federal agency dedicated to children, the Department of Education, and to deeply slash federal spending on our nation’s public schools.

• Slash Medicaid and SNAP by more than $1 trillion, which are critical programs providing health care and child nutrition to millions of our nation’s children.

When these cuts are proposed, some politicians try to get away with saying that the cuts will “do no harm” or will even benefit children. Without a voice in government to analyze the direct impact of various program changes on children, they will continue to be invisible in the halls of Congress and left behind.

That is why the introduction of the Child Safety and Well-Being Act of 2026 (S. 4763/H.R. 9287) by Sen. Edward Markey (D-MA) and Rep. Morgan McGarvey (D-KY) deserves immediate attention.

The legislation, introduced in anticipation of Children’s Week (June 14-20), would counter the inattention that children’s issues often receive on Capitol Hill and in the Administration.

The two bills would establish an independent Children’s Commission to study, monitor, and make recommendations to the President and Congress on the health, education, safety, and well-being of children and youth. At a time when children are increasingly overlooked in public policy, it would create something the federal government has never had: an independent voice focused exclusively on the well-being and best interests of children.

And that voice is desperately needed.

Fortunately, with the introduction of the bill by Sens. Edward Markey (D-MA), Adam Schiff (D-CA), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), and Ben Ray Lujan (D-NM), a Senate companion bill to that introduced by Reps. Morgan McGarvey (D-KY), Rosa DeLauro (D-CT), Jimmy Gomez (D-CA), Sara Jacobs (D-CA), Rashida Tlaib (D-MI), Suzanne Bonamici (D-OR), Summer Lee (D-PA), Eleanor Holmes Norton (D-DC), and Bonnie Watson Coleman (D-NJ) in the House, we now have bicameral legislation to create a voice within government for children.

Unfortunately, as of now, children are often explicitly locked out of political arenas and decision-making processes that impact their lives. Former Sen. Barbara Mikulski (D-MD) one told a group of child advocates:

I can walk the halls of Congress for weeks, or even months on end, and not hear anything about children.

Beyond Congress, the media is also guilty of making children invisible. In an analysis of media coverage of children’s issues by FrameWorks Institute, the researchers find that the media is often parent-centric. Their report highlights:

…the focus on parents leaves children in the background. Media coverage in which children are invisible undermines collective concern about children themselves. In addition, people are more likely to apply judgments of deservingness to parents than children — to think that parents may not deserve support because they have, people think, made bad choices that have led to their situation. In these ways, parent-focused framing could potentially undercut support for policies that provide benefits to families.

The Supreme Court also often ignores the best interests and needs of children. In a decision, Chiles v. Salazar, earlier this year about “conversion therapy,” a medical intervention that has proven to be horribly detrimental to children, the Court decided in an 8-1 decision that the “freedom of speech rights” of medical providers outweighed the right of states to regulate medical providers. The decision was stunning, as the most important parties in this case, children, were almost completely ignored.

With the sole exception of Justice Ketanji Brown Jackson, the other justices completely missed what was at stake for children. As Justice Jackson wrote in dissent:

[N]o core principle of our First Amendment jurisprudence leads inexorably to the conclusion that it violates the Constitution for a State to prevent its licensed talk therapists from using speech to harm the minors in their care… The Constitution does not pose a barrier to reasonable regulation of harmful medical treatments just because substandard care comes via speech instead of scalpel.

This combination of invisibility of children in the halls of Congress, the Administration, the media, and the Supreme Court has significant consequences. Children represent nearly one-quarter of the population and are, by definition, dependent on others for their care and well-being. And yet, as just one example, our own Children’s Budget documents that the share of federal spending on children has dropped to just 8.57% of the budget in 2025 — a glaring mismatch between what we say we value and what we actually fund.

Fortunately, there is overwhelming support for children among one group: the American people. When you ask them whether they prioritize investing in children and improving public policies for kids, the American people demonstrate overwhelming support again and again and again

A Step Toward Better-Informed Representation

Sen. Markey and Rep. McGarvey’s bill, the Child Safety and Well-Being Act of 2026, would make a significant step toward rectifying this problem.

The Act would create a 15-member Children’s Commission to evaluate how federal policies affect children’s well-being, monitor the implementation of laws, publish reports on the interests of children and marginalized youth, examine issues affecting children domestically and abroad, and inform Congress and state governments about children’s needs and concerns.

The Commission would also have the authority to hold hearings, collect and access data from federal agencies, submit recommendations to Congress, and ensure all reports are made publicly available and accessible to children and families.

This initiative is about giving children a seat at the table where decisions are made that shape their futures. It is vital because children face unique challenges that require tailored solutions — solutions that adults, however well-meaning, too often overlook. As author Michael Freeman has observed:

All too rarely is consideration given to what policies…do to children. This is all the more the case where the immediate focus of the policy is not children. But even in children’s legislation the unintended or indirect effects of changes are not given the critical attention they demand.

Establishing an independent Children’s Commission would help prevent that from happening.

The Importance of Children’s Voices

It is imperative that when a child cries out for help — whether it is a sick child, an abused child, a hungry child, a homeless child, or a victim of gun violence — that we all listen.

In too many cases, decisions that profoundly impact children’s lives are made without their input or even the fundamental consideration of their best interests. This results in policies and practices that fail to address their real needs. This exclusion from decision-making diminishes the effectiveness of those policies and strips children of their fundamental right to be heard.

Our nation’s policymakers are often overwhelmed by powerful interest groups that demand and receive their primary attention. As researchers Ann Schneider and Helen Ingram explained in their influential 1993 paper, although children are viewed positively and as deserving by society, they lack the political power necessary to demand the resources and attention they need.

Therefore, although elected officials like to be seen taking photos with kids in children’s hospitals, reading to kids in schools, and kissing babies at political rallies — and often deliver the refrain that “children are our future” — this rarely translates to tangible action when it matters most: when laws are passed and budgets are written.

If budgets are a reflection of a society’s moral values, too many of our policymakers are telling us they do not value children.

Children and youth are, in fact, experts in their own lives. They know what it feels like to be left out, misunderstood, and subject to decisions made by adults who may not fully grasp the realities of childhood today. Hearing the voices of children and youth is not just a moral imperative; it is a necessity for creating policies that truly serve their best interests.

When Institutions Fail Children

The failure to focus on the needs of children can be dangerous — sometimes fatally so — to their lives and well-being. In scandal after scandal, the voices of children were repeatedly dismissed or ignored, and the consequences have been devastating.

Rather than creating a special task force to address each scandal as it erupts, a Children’s Commissioner could help prevent them. Here are just some of the cases where independent oversight could have made a real difference:

1. The Epstein Files: The years of cover-up and inability to fully access the Epstein files have demonstrated the need for an independent Children’s Commissioner. Even recent reporting by the New York Times describes a series of White House Situation Room meetings in which the President’s most senior advisers gathered repeatedly over the course of a year to manage the political fallout from the Jeffrey Epstein files rather than on the welfare of Epstein’s victims or accountability for those who enabled the trafficking and abuse of children. A Children’s Commissioner could investigate and report on how federal agencies respond to documented cases of child sexual abuse and trafficking, and recommend reforms to ensure the government’s posture centers on victims and prevention rather than political damage control.

2. USA Gymnastics/Larry Nassar: An independent Children’s Commissioner could have investigated complaints from young female athletes early on, published findings about systemic failures, and made recommendations rather than allowing abusive institutions to protect their own reputations for decades at the expense of the girls in their system.

3. Religious Scandals: Widespread sexual abuse and subsequent cover-ups by the Catholic Church’s clergy, which was the story behind the Academy Award-winning film Spotlight, have been followed by further scandals in the Southern Baptist Church, the Mormon Church, and evangelical churches across the country. A Children’s Commissioner could have documented these patterns, brought them to the attention of policymakers, and recommended safeguards to better protect vulnerable children in these and other institutional settings.

4. The Boy Scouts: The Boy Scouts of America faced thousands of allegations of sexual abuse over decades. A Children’s Commissioner could have investigated, reported publicly on systemic failures, and urged Congress to act – rather than allowing boys to be abused for decades while institutions looked the other way.

5. Kids for Cash: This scandal involved Pennsylvania judges receiving kickbacks for sentencing juveniles to for-profit detention centers. A Children’s Commissioner could have examined sentencing practices, reported on conflicts of interest, and made recommendations to federal and state policymakers to protect the fundamental rights of vulnerable youth.

6. Jerry Sandusky/Penn State: The abuse perpetrated by Jerry Sandusky, a former Penn State football coach, was covered up by university officials. A Children’s Commissioner could have investigated institutional failures, reported findings publicly, and recommended reforms to better protect and safeguard children.

7. Child Trafficking: Human trafficking of children remains a significant domestic and international crisis — one that has received extensive attention in recent years without commensurate federal coordination on behalf of child victims. A Children’s Commissioner could help document gaps in federal response, coordinate advocacy across agencies, and recommend stronger protections for survivors.

8. Child Labor: Despite laws against child labor, violations have proliferated in recent years, including in agriculture, food processing, and construction. A Children’s Commissioner could investigate and document patterns of exploitation and push for stronger protections against child labor violations.

9. The Troubled Teen Industry: This industry, which includes residential treatment programs for troubled teens, has been plagued by abuse allegations. A Children’s Commissioner could investigate, document, and report on patterns of exploitation of children, making recommendations to Congress and federal agencies on how to better protect youth.

10. Child Welfare Failings: Numerous cases have shown the failings of child welfare systems to protect children from abuse and neglect. A Children’s Commissioner could examine systemic failures, report publicly on their causes and consequences, and recommend legislative and administrative reforms.

11. Juvenile Detention: Conditions in juvenile detention centers often fail to meet basic standards of care. A Children’s Commissioner could investigate, document conditions, and advocate for reforms to ensure humane treatment and rehabilitation for incarcerated youth.

Aly Raisman, a past USA Olympic gymnastics medalist, made this point powerfully at the 2018 sentencing hearing of Dr. Larry Nassar:

Abuse goes way beyond the moment, often haunting survivors for the rest of their lives, making it difficult to trust and impacting their relationships… If over these many years, just one adult listened and had the courage and character to act, this tragedy could have been avoided.

A Children’s Commission cannot prevent every tragedy. But it can investigate patterns of failure, elevate concerns that are constantly ignored, and provide policymakers with recommendations for reform to stop the ongoing harm to children.

That is precisely why independent oversight matters.

The Need for a Children’s Commissioner — Now More Than Ever

The concept of a Children’s Commissioner is not new, and it is not radical. UNICEF has long recommended that countries establish independent children’s commissioners or ombudsmen. Over 85 countries have responded by creating some sort of role to help safeguard children’s fundamental rights and interests.

As an example, the European Network of Ombudspersons for Children (ENOC) was established in 1997 and unites 43 institutions from 34 countries to advocate for the rights and best interests of minors all across the European Union (EU). In the UK, Children’s Commissioner Dame Rachel de Souza has played a crucial role in addressing child safety, child poverty, education, mental health, and the impact of government policies on children. The office prepares reports, talks to policymakers about issues of importance to children and youth, investigates institutional abuse, conducts research, and listens directly to children about their priorities. Similar positions have been established all across Europe. These are not abstract bureaucracies – they are proven institutions that have measurably improved outcomes for children.

Even within our own federal system, the model is common at the state level. According to a brief the U.S. Department of Health and Human Services released in May, 45 states and the District of Columbia now have some form of ombudsman or ombudsman-type office addressing children’s services or child welfare. The Administration’s report calls for such offices to be independent and impartial, to maintain confidentiality, and to create a credible review process for complaints. That’s precisely the role a genuinely independent federal Children’s Commissioner would fill: an office with the independence to investigate, the standing to be heard, and no institutional incentive to look away.

And yet, at the federal level in the United States, there is no one whose job it is to ask: What does this policy do to our kids? Is this good for children?

These questions have never been more urgent. As Congress enacts laws and the Administration processes regulations, there is no independent voice charged with documenting that harm and bringing it squarely to the attention of policymakers and the public. The Children’s Commissioner that this bill would create would fill exactly that void.

Consequently, numerous federal, state, and local groups have endorsed the bill, including First Focus Campaign for Children, UNICEF USA, Child Labor Coalition, Education for All Coalition, Association of Farmworker Opportunity Programs (AFOP), Association of Medical School Pediatric Department Chairs (AMSPDC), Global Partners United LLC, Kids Can’t Wait, Kurtishi & Associates, Media Voices for Children, National Advocacy Center of the Sisters of the Good Shepherd, National Association of Pediatric Nurse Practitioners, National Consumers League, National Council of Jewish Women, National League for Nursing, Prevent Child Abuse Kentucky, Public Advocacy for Kids (PAK), RISE Institute, School-Based Health Alliance, Sisters of Mercy of the Americas Justice Team, Students Engaged for Advancing Texas (SEAT), The Initiative for Civility in Everyday Life, The World As It Could Be, Voices for Virginia’s Children, and ZERO TO THREE.

This is not a partisan issue. Children have no party. Their best interests should not change based on who controls the chamber. What they need is a permanent, independent advocate at the federal level who can see the whole picture — across administrations, across Congresses — and speak clearly about what is at stake for the next generation.

What You Can Do

If you are an organization or individual who supports this legislation, please contact your member of Congress and urge them to cosponsor the Child Safety and Well-Being Act of 2026 (S. 4763/H.R. 9287). Personal letters, emails, and phone calls can have a significant impact.

If you want to work more closely with us in support of this bill and other policies of importance to children and youth, please consider joining us as an Ambassador for Children or donating to support our work.

Together, we can create a society where children are not just seen and heard but placed at the forefront of our national priorities.