I
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) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce, and in addition to the Committee on the Judi-
ciary, 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 Representa-
tives 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, Arkan-
sas; 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 es-
tablished 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 para-
graph (2)(A), and those members appointed under
paragraph (2) (C)(ii) and (D)(iv), the members of
the Commission shall be individuals who have exper-
tise, 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 Presi-
dent 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 Speak-
er 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 coun-
seling;
(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 re-
ligious leader.
(D) Four shall be appointed by the Major-
ity 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 coun-
seling;
(iii) 1 member who meets the criteria
for eligibility in paragraph (1) in the social
sciences; and
(iv) 1 member who is a recognized re-
ligious leader.
(E) Two shall be appointed by the Minor-
ity 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 coun-
seling; 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; VACAN-
CIES.—Not later than 30 days after the date of en-
actment of this Act, the appointing authorities under
paragraph (2) shall each make their respective ap-
pointments. 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 au-
thorities under paragraph (2) shall jointly des-
ignate 1 member as the Chairman of the Com-
mission. In the event of a disagreement among
the appointing authorities, the Chairman shall
be determined by a majority vote of the ap-
pointing 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 enact-
ment 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 con-
stitute a quorum to conduct business, but the
Commission may establish a lesser quorum for
conducting hearings scheduled by the Commis-
sion. 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 Com-
mission determines relevant to meeting the require-
ments of paragraph (1), including at a minimum—
(A) the perpetrators of school shootings,
members of their families, their friends, associ-
ates, teachers, guidance counselors and other
professionals who can provide insight into the
perpetrators experiences, feelings and expres-
sions;
(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 in-
cidents of youth violence;
(D) the alienation of youth from their
schools, families, and peer groups, and any im-
pact of such alienation on incidents of youth vi-
olence;
(E) the availability of firearms to youth,
including any illegal means by which youth ac-
quire such firearms, and any impact of such
availability on incidents of youth violence;
(F) any impact upon incidents of youth vi-
olence of the failure to execute existing laws de-
signed to restrict youth access to certain fire-
arms, 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, includ-
ing 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 Con-
gress 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 Commis-
sion’s findings and conclusions, together with the
recommendations of the Commission.
(2) SUMMARIES.—The report under this sub-
section shall include a summary of—
(A) the reports submitted to the Commis-
sion 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 Commis-
sion’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 re-
ceive such evidence as the Commission considers ad-
visable 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 Com-
mission may by majority vote require by subpoena
the production of any written or recorded informa-
tion, document, report, answer, record, account,
paper, computer file, or other data or documentary
evidence necessary to carry out its duties under sec-
tion 3. The Commission shall transmit to the Attor-
ney General a confidential, written notice at least 10
days in advance of the issuance of any such sub-
poena. A subpoena under this paragraph may re-
quire the production of materials from any place
within the United States.
(2) INTERROGATORIES.—The Commission may,
with respect only to information necessary to under-
stand 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 an-
swers provided under oath (at the election of the
person upon whom the subpoena is served), to inter-
rogatories from the Commission regarding such in-
formation. 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 pursu-
ant to a subpoena issued under paragraph (1) or (2)
shall certify to the Commission the authenticity and
completeness of all materials or information sub-
mitted. The provisions of section 1001 of title 18,
United States Code, shall apply to any false state-
ments made with respect to the certification required
under this paragraph.
(4) TREATMENT
OF
SUBPOENAS.—Any sub-
poena 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 per-
son refuses to obey a subpoena issued by the Com-
mission 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 sub-
poena. The application may be made within the judi-
cial 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 depart-
ment or agency such information as the Commission con-
siders 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 pur-
pose of receiving, reviewing, or processing such
information;
(B) upon court order; or
(C) when publicly released by the Commis-
sion in an aggregate or summary form that
does not directly or indirectly disclose—
(i) the identity of any person or busi-
ness entity; or
(ii) any information which could not
be released under section 1905 of title 18,
United States Code.
(e) CONTRACTING FOR RESEARCH.—The Commis-
sion may enter into contracts with any entity for research
necessary to carry out the Commission’s duties under sec-
tion 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 pre-
scribed for level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code, for each day (in-
cluding 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 Com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees 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 Com-
mission 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
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Com-
mission and any agency of the Federal Government assist-
ing the Commission in carrying out its duties under this
Act such sums as may be necessary to carry out the pur-
poses 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).
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