[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2093 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2093

  To establish the National Youth Violence Commission, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 1999

   Mr. Burton of Indiana (for himself, Mr. Markey, and Mr. Tierney) 
 introduced the following bill; which was referred to the Committee on 
 Education and the Workforce, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish the National Youth Violence Commission, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``National Youth 
Violence Commission Act''.
    (b) Findings.--The Congress finds the following:
            (1) Families have a right to be safe and secure in their 
        persons and to expect students to be safe and secure in and 
        around school.
            (2) While America's schools are among the safest places to 
        be on a day-to-day basis, the recent tragic and sudden acts of 
        violence in some of our Nation's schools, including the 
        incidents in Pearl, Mississippi; Paducah, Kentucky; Jonesboro, 
        Arkansas; Springfield, Oregon; Edinboro, Pennsylvania; 
        Fayeteeville, Tennessee; Littleton, Colorado; and Conyers, 
        Georgia, remind us that no school and no community can be 
        complacent in their efforts to make their schools and 
        communities even safer.
            (3) There is an increasing and urgent need to better 
        understand the causes of youth violence and to identify those 
        initiatives and strategies that are effective in preventing 
        acts of violence in our schools and communities.

SEC. 2. NATIONAL YOUTH VIOLENCE COMMISSION.

    (a) Establishment of Commission.--There is established a commission 
to be known as the National Youth Violence Commission (hereinafter 
referred to in this Act as the ``Commission''). The Commission shall--
            (1) be composed of 16 members appointed in accordance with 
        subsection (b); and
            (2) conduct its business in accordance with the provisions 
        of this Act.
    (b) Membership.--
            (1) Persons eligible.--Except for those members who hold 
        the offices described under paragraph (2)(A), and those members 
        appointed under paragraph (2) (C)(ii) and (D)(iv), the members 
        of the Commission shall be individuals who have expertise, by 
        both experience and training, in matters to be studied by the 
        Commission under section 3. The members of the Commission shall 
        be well-known and respected among their peers in their 
        respective fields of expertise.
            (2) Appointments.--The members of the Commission shall be 
        appointed for the life of the Commission as follows:
                    (A) Four shall be appointed by the President of the 
                United States, including--
                            (i) the Surgeon General of the United 
                        States;
                            (ii) the Attorney General of the United 
                        States;
                            (iii) the Secretary of the Department of 
                        Health and Human Services; and
                            (iv) the Secretary of the Department of 
                        Education.
                    (B) Four shall be appointed by the Speaker of the 
                House of Representatives, including--
                            (i) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        law enforcement;
                            (ii) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        school administration, teaching, or counseling;
                            (iii) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        parenting and family studies; and
                            (iv) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        child or adolescent psychology.
                    (C) Two shall be appointed by the Minority Leader 
                of the House of Representatives, including--
                            (i) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        law enforcement; and
                            (ii) 1 member who is a recognized religious 
                        leader.
                    (D) Four shall be appointed by the Majority Leader 
                of the Senate, including--
                            (i) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        law enforcement;
                            (ii) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        school administration, teaching, or counseling;
                            (iii) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the social 
                        sciences; and
                            (iv) 1 member who is a recognized religious 
                        leader.
                    (E) Two shall be appointed by the Minority Leader 
                of the Senate, including--
                            (i) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        school administration, teaching, or counseling; 
                        and
                            (ii) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        parenting and family studies.
            (3) Completion of appointments; vacancies.--Not later than 
        30 days after the date of enactment of this Act, the appointing 
        authorities under paragraph (2) shall each make their 
        respective appointments. Any vacancy that occurs during the 
        life of the Commission shall not affect the powers of the 
        Commission, and shall be filled in the same manner as the 
        original appointment not later than 30 days after the vacancy 
        occurs.
            (4) Operation of the commission.--
                    (A) Chairmanship.--The appointing authorities under 
                paragraph (2) shall jointly designate 1 member as the 
                Chairman of the Commission. In the event of a 
                disagreement among the appointing authorities, the 
                Chairman shall be determined by a majority vote of the 
                appointing authorities. The determination of which 
                member shall be Chairman shall be made not later than 
                15 days after the appointment of the last member of the 
                Commission, but in no case later than 45 days after the 
                date of enactment of this Act.
                    (B) Meetings.--The Commission shall meet at the 
                call of the Chairman. The initial meeting of the 
                Commission shall be conducted not later than 30 days 
                after the later of--
                            (i) the date of the appointment of the last 
                        member of the Commission; or
                            (ii) the date on which appropriated funds 
                        are available for the Commission.
                    (C) Quorum; voting; rules.--A majority of the 
                members of the Commission shall constitute a quorum to 
                conduct business, but the Commission may establish a 
                lesser quorum for conducting hearings scheduled by the 
                Commission. Each member of the Commission shall have 1 
                vote, and the vote of each member shall be accorded the 
                same weight. The Commission may establish by majority 
                vote any other rules for the conduct of the 
                Commission's business, if such rules are not 
                inconsistent with this Act or other applicable law.

SEC. 3. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--It shall be the duty of the Commission to 
        conduct a comprehensive factual study of incidents of youth 
        violence to determine the root causes of such violence.
            (2) Matters to be studied.--In determining the root causes 
        of incidents of youth violence, the Commission shall study any 
        matter that the Commission determines relevant to meeting the 
        requirements of paragraph (1), including at a minimum--
                    (A) the perpetrators of school shootings, members 
                of their families, their friends, associates, teachers, 
                guidance counselors and other professionals who can 
                provide insight into the perpetrators experiences, 
                feelings and expressions;
                    (B) the level of involvement and awareness of 
                teachers and school administrators in the lives of 
                their students and any impact of such involvement and 
                awareness on incidents of youth violence;
                    (C) trends in family relationships, the level of 
                involvement and awareness of parents in the lives of 
                their children, and any impact of such relationships, 
                involvement, and awareness on incidents of youth 
                violence;
                    (D) the alienation of youth from their schools, 
                families, and peer groups, and any impact of such 
                alienation on incidents of youth violence;
                    (E) the availability of firearms to youth, 
                including any illegal means by which youth acquire such 
                firearms, and any impact of such availability on 
                incidents of youth violence;
                    (F) any impact upon incidents of youth violence of 
                the failure to execute existing laws designed to 
                restrict youth access to certain firearms, and the 
                illegal purchase, possession, or transfer of certain 
                firearms;
                    (G) the effect upon youth of depictions of violence 
                in the media and any impact of such depictions on 
                incidents of youth violence; and
                    (H) the availability to youth of information 
                regarding the construction of weapons, including 
                explosive devices, and any impact of such information 
                on incidents of youth violence.
            (3) Testimony of parents and students.--In determining the 
        root causes of incidents of youth violence, the Commission 
        shall, pursuant to section 4(a), take the testimony of parents 
        and students to learn and memorialize their views and 
        experiences regarding incidents of youth violence.
    (b) Recommendations.--Based on the findings of the study required 
under subsection (a), the Commission shall make recommendations to the 
President and Congress to address the causes of youth violence and 
reduce incidents of youth violence. If the Surgeon General issues any 
report on media and violence, the Commission shall consider the 
findings and conclusions of such report in making recommendations under 
this subsection.
    (c) Report.--
            (1) In general.--Not later than 18 months after the date on 
        which the Commission first meets, the Commission shall submit 
        to the President and Congress a comprehensive report of the 
        Commission's findings and conclusions, together with the 
        recommendations of the Commission.
            (2) Summaries.--The report under this subsection shall 
        include a summary of--
                    (A) the reports submitted to the Commission by any 
                entity under contract for research under section 4(e); 
                and
                    (B) any other material relied on by the Commission 
                in the preparation of the Commission's report.

SEC. 4. POWERS OF THE COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission may hold such hearings, sit 
        and act at such times and places, administer such oaths, take 
        such testimony, and receive such evidence as the Commission 
        considers advisable to carry out its duties under section 3.
            (2) Witness expenses.--Witnesses requested to appear before 
        the Commission shall be paid the same fees as are paid to 
        witnesses under section 1821 of title 28, United States Code.
    (b) Subpoenas.--
            (1) In general.--If a person fails to supply information 
        requested by the Commission, the Commission may by majority 
        vote require by subpoena the production of any written or 
        recorded information, document, report, answer, record, 
        account, paper, computer file, or other data or documentary 
        evidence necessary to carry out its duties under section 3. The 
        Commission shall transmit to the Attorney General a 
        confidential, written notice at least 10 days in advance of the 
        issuance of any such subpoena. A subpoena under this paragraph 
        may require the production of materials from any place within 
        the United States.
            (2) Interrogatories.--The Commission may, with respect only 
        to information necessary to understand any materials obtained 
        through a subpoena under paragraph (1), issue a subpoena 
        requiring the person producing such materials to answer, either 
        through a sworn deposition or through written answers provided 
        under oath (at the election of the person upon whom the 
        subpoena is served), to interrogatories from the Commission 
        regarding such information. A complete recording or 
        transcription shall be made of any deposition made under this 
        paragraph.
            (3) Certification.--Each person who submits materials or 
        information to the Commission pursuant to a subpoena issued 
        under paragraph (1) or (2) shall certify to the Commission the 
        authenticity and completeness of all materials or information 
        submitted. The provisions of section 1001 of title 18, United 
        States Code, shall apply to any false statements made with 
        respect to the certification required under this paragraph.
            (4) Treatment of subpoenas.--Any subpoena issued by the 
        Commission under paragraph (1) or (2) shall comply with the 
        requirements for subpoenas issued by a United States district 
        court under the Federal Rules of Civil Procedure.
            (5) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued by the Commission under paragraph (1) or 
        (2), the Commission may apply to a United States district court 
        for an order requiring that person to comply with such 
        subpoena. The application may be made within the judicial 
        district in which that person is found, resides, or transacts 
        business. Any failure to obey the order of the court may be 
        punished by the court as civil contempt.
    (c) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out its duties under section 3. 
Upon the request of the Commission, the head of such department or 
agency may furnish such information to the Commission.
    (d) Information To Be Kept Confidential.--
            (1) In general.--The Commission shall be considered an 
        agency of the Federal Government for purposes of section 1905 
        of title 18, United States Code, and any individual employed by 
        any individual or entity under contract with the Commission 
        under subsection (e) shall be considered an employee of the 
        Commission for the purposes of section 1905 of title 18, United 
        States Code.
            (2) Disclosure.--Information obtained by the Commission, 
        other than information available to the public, shall not be 
        disclosed to any person in any manner, except--
                    (A) to Commission employees or employees of any 
                individual or entity under contract to the Commission 
                under subsection (e) for the purpose of receiving, 
                reviewing, or processing such information;
                    (B) upon court order; or
                    (C) when publicly released by the Commission in an 
                aggregate or summary form that does not directly or 
                indirectly disclose--
                            (i) the identity of any person or business 
                        entity; or
                            (ii) any information which could not be 
                        released under section 1905 of title 18, United 
                        States Code.
    (e) Contracting for Research.--The Commission may enter into 
contracts with any entity for research necessary to carry out the 
Commission's duties under section 3.

SEC. 5. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of service for the 
Commission.
    (c) Staff.--
            (1) In general.--The Chairman of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties. The employment and 
        termination of an executive director shall be subject to 
        confirmation by a majority of the members of the Commission.
            (2) Compensation.--The executive director shall be 
        compensated at a rate not to exceed the rate payable for level 
        V of the Executive Schedule under section 5316 of title 5, 
        United States Code. The Chairman may fix the compensation of 
        other personnel without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for such 
        personnel may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.
            (3) Detail of government employees.--Any Federal Government 
        employee, with the approval of the head of the appropriate 
        Federal agency, may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status, benefits, or privilege.
    (d) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals not to exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission and any 
agency of the Federal Government assisting the Commission in carrying 
out its duties under this Act such sums as may be necessary to carry 
out the purposes of this Act. Any sums appropriated shall remain 
available, without fiscal year limitation, until expended.

SEC. 7. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 30 days after the Commission submits 
the report under section 3(c).
                                 <all>