[Congressional Record Volume 145, Number 67 (Tuesday, May 11, 1999)]
[Senate]
[Pages S5043-S5045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself, Mr. McCain, Mr. Byrd, Mr. 
        Brownback, Mr. Conrad, Mr. Kohl, Mr. Cleland, Ms. Landrieu, Mr. 
        Bryan, Mr. Reed, and Mrs. Murray):
  S. 1001. A bill to establish the National Youth Violence Commission, 
and for other purposes; to the Committee on Governmental Affairs.


                 NATIONAL YOUTH VIOLENCE COMMISSION ACT

  Mr. LIEBERMAN. Mr. President, three weeks after the tragic shooting 
in Littleton, Colorado, we as a national community are still struggling 
to make sense of this horrific event and the other school massacres 
that preceded it. We are still searching for reasons why some of our 
children are slaughtering each other, and why there is generally so 
much violence surrounding our young people, not just in classrooms and 
schoolyards but on streetcorners and in homes across the country.
  In this discussion, we have heard many factors cited as possible 
causes, but few definitive conclusions or little consensus on exactly 
what or who is responsible for this alarming trend. In fact, one of the 
only things that most Americans seem to agree on is that this is an 
extremely complicated problem, and that there is not any one answer. 
They are right.
  The search for common ground and common solutions began in earnest 
yesterday with the summit meeting the President convened at the White 
House. At that meeting the President opened a much-needed dialogue with 
the entertainment and gun industries, yielding some important 
commitments from the gun makers, but little if anything from the 
entertainment industry. The President also laid out a promising plan 
for translating this conversation into action, calling for a national 
campaign to change the pervading culture of violence, to mobilize a 
sustained response to this threat from every segment of our society, 
much as we have done in the fight against teen pregnancy.
  We are here today to introduce legislation that we believe can make 
an important contribution to this national campaign, something that 
will help us better understand as we prepare to act. Our proposal would 
create a select national commission on youth violence, whose mandate 
would be to deliberately and dispassionately examine the many possible 
root causes of this crisis of youth violence, to help us understand why 
so many kids are turning into killers, and to help us reach consensus 
on how to curtail this recurring nightmare.
  This commission would be composed of a wide array of experts in the 
fields of law enforcement, school administration, teaching and 
counseling, parenting and family studies, and child and adolescent 
psychology, as well as Cabinet members and national religious leaders, 
to thoroughly study the different dimensions of this problem. After 
deliberating for a year, the commission would be directed to report its 
conclusions to the President and Congress and recommend a series of 
tangible steps we could take to reduce the level of youth violence and 
prevent other families and communities from feeling the searing pain 
and grief that has visited the people of Littleton for the last three 
weeks.
  Our proposal is not intended to forestall or preempt a more immediate 
response to what happened in Littleton. To the contrary, we each 
believe there are several steps that the Congress and different groups 
and industries could and should take now that would help us reduce not 
just the risk of another school massacre, but the daily death toll of 
youth violence across America. Several of us here, for example, have 
and will continue to push the entertainment industry to stop glorifying 
and romanticizing violence, and in particular to stop marketing murder 
and mayhem directly to kids.

[[Page S5044]]

  But we also believe that this extraordinary problem is not something 
that we can solve overnight, or with any single piece of legislation. A 
commission is no guarantee that we will find all the answers and bridge 
all the divisions, but we believe it provides as good a hope as any for 
thoughtfully doing so, and for making this national campaign a success.
  In the coming days, we will offer this proposal as an amendment to 
the juvenile justice bill. We will also be putting forward a companion 
amendment calling for a Surgeon General's report on the public health 
aspects of the youth violence epidemic, with a particular focus on the 
contributing effects of entertainment media violence on children. This 
proposal, which the President endorsed at Monday's summit, is intended 
to inform the commission's work and hopefully raise public awareness of 
the enormous role the entertainment culture plays in shaping the world 
our sons and daughters inhabit.
  I ask unanimous consent that the text of this bill be printed into 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1001

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Youth Violence 
     Commission Act''.

     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 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;
       (B) 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;
       (C) the alienation of youth from their schools, families, 
     and peer groups, and any impact of such alienation on 
     incidents of youth violence;
       (D) the availability of firearms to youth, including the 
     means by which they acquire such firearms, and any impact of 
     such availability on incidents of youth violence;
       (E) the effect upon youth of depictions of violence in the 
     media and any impact of such depictions on incidents of youth 
     violence; and
       (F) 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 1 year 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 request the Attorney General of the United States to 
     require by subpoena the production of any written or recorded 
     information, document, report, answer, record, account,

[[Page S5045]]

     paper, computer file, or other data or documentary evidence 
     necessary to carry out the Commission's duties under section 
     3. The Commission shall transmit to the Attorney General a 
     confidential, written request for the issuance of any such 
     subpoena. The Attorney General shall issue the requested 
     subpoena if the request is reasonable and consistent with the 
     Commission's duties under section 3. 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), request the Attorney 
     General to 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. The Attorney General shall issue the requested 
     subpoena if the request is reasonable and consistent with the 
     Commission's duties under section 3. 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 Attorney General pursuant to a subpoena 
     issued under paragraph (1) or (2) shall certify to the 
     Attorney General 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 
     Attorney General 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 Attorney General under 
     paragraph (1) or (2), the Attorney General 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 or 
     the Attorney General under this Act and shared with 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).
                                 ______