S.Amdt. 734

1. Adds TITLE IV--NATIONAL COMMISSION ON MASS VIOLENCE at the end of the bill

   Adds a title

   In S. 649 · Placed on Calendar Senate

   (c) Rule of Construction.--Nothing in this section shall preclude public elementary and secondary schools or their larger governing agencies from receiving the informational and training benefits of the National Center for Campus Public Safety authorized under section 509 of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this title.

   Inserted: TITLE IV--NATIONAL COMMISSION ON MASS VIOLENCE

   Inserted: SEC. 401. SHORT TITLE.

   Inserted: This title may be cited as the "National Commission on Mass Violence Act of 2013".

   Inserted: SEC. 402. NATIONAL COMMISSION ON MASS VIOLENCE.

   Inserted: (a) Establishment of Commission.--There is established a commission to be known as the National Commission on Mass Violence (in this title referred to as the "Commission") to study the availability and nature of firearms, including the means of acquiring firearms, issues relating to mental health, and all positive and negative impacts of the availability and nature of firearms on incidents of mass violence or in preventing mass violence.

   Inserted: (b) Membership.--

   Inserted: (1) Appointments.--The Commission shall be composed of 12 members, of whom--

   Inserted: (A) 6 members of the Commission shall be appointed by the Majority Leader of the Senate, in consultation with the Democratic leadership of the House of Representatives, 1 of whom shall serve as Chairman of the Commission; and

   Inserted: (B) 6 members of the Commission shall be appointed by the Speaker of the House of Representatives, in consultation with the Republican leadership of the Senate, 1 of whom shall serve as Vice Chairman of the Commission.

   Inserted: (2) Persons eligible.--

   Inserted: (A) In general.--The members appointed to the Commission shall include--

   Inserted: (i) well-known and respected individuals among their peers in their respective fields of expertise; and

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   Inserted: (ii) not less than 1 non-elected individual from each of the following categories, who has expertise in the category, by both experience and training:

   Inserted: (I) Firearms.

   Inserted: (II) Mental health.

   Inserted: (III) School safety.

   Inserted: (IV) Mass media.

   Inserted: (B) Experts.--In identifying the individuals to serve on the Commission, the appointing authorities shall take special care to identify experts in the fields described in section 403(a)(2).

   Inserted: (C) Party affiliation.--Not more than 6 members of the Commission shall be from the same political party.

   Inserted: (3) Completion of appointments; vacancies.--Not later than 30 days after the date of enactment of this Act, the appointing authorities under paragraph (1) 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.

   Inserted: (4) Operation of the commission.--

   Inserted: (A) Meetings.--

   Inserted: (i) In general.--The Commission shall meet at the call of the Chairman.

   Inserted: (ii) Initial meeting.--The initial meeting of the Commission shall be conducted not later than 30 days after the later of--

   Inserted: (I) the date of the appointment of the last member of the Commission; or

   Inserted: (II) the date on which appropriated funds are available for the Commission.

   Inserted: (B) Quorum; vacancies; 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 title or other applicable law.

   Inserted: SEC. 403. DUTIES OF THE COMMISSION.

   Inserted: (a) Study.--

   Inserted: (1) In general.--It shall be the duty of the Commission to conduct a comprehensive factual study of incidents of mass violence, including incidents of mass violence not involving firearms, in the context of the many acts of senseless mass violence that occur in the United States each year, in order to determine the root causes of such mass violence.

   Inserted: (2) Matters to be studied.--In determining the root causes of these recurring and tragic acts of mass violence, the Commission shall study any matter that the Commission determines relevant to meeting the requirements of paragraph (1), including at a minimum--

   Inserted: (A) the role of schools, including the level of involvement and awareness of teachers and school administrators in the lives of their students and the availability of mental health and other resources and strategies to help detect and counter tendencies of students towards mass violence;

   Inserted: (B) the effectiveness of and resources available for school security strategies to prevent incidents of mass violence;

   Inserted: (C) the role of families and the availability of mental health and other resources and strategies to help families detect and counter tendencies toward mass violence;

   Inserted: (D) the effectiveness and use of, and resources available to, the mental health system in understanding, detecting, and countering tendencies toward mass violence, as well as the effects of treatments and therapies;

   Inserted: (E) whether medical doctors and other mental health professionals have the ability, without negative legal or professional consequences, to notify law enforcement officials when a patient is a danger to himself or others;

   Inserted: (F) the nature and impact of the alienation of the perpetrators of such incidents of mass violence from their schools, families, peer groups, and places of work;

   Inserted: (G) the role that domestic violence plays in causing incidents of mass violence;

   Inserted: (H) the effect of depictions of mass violence in the media, and any impact of such depictions on incidents of mass violence;

   Inserted: (I) the availability and nature of firearms, including the means of acquiring such firearms, and all positive and negative impacts of such availability and nature on incidents of mass violence or in preventing mass violence;

   Inserted: (J) the role of current prosecution rates in contributing to the availability of weapons that are used in mass violence;

   Inserted: (K) the availability of information regarding the construction of weapons, including explosive devices, and any impact of such information on such incidents of mass violence;

   Inserted: (L) the views of law enforcement officials, religious leaders, mental health experts, and other relevant officials on the root causes and prevention of mass violence;

   Inserted: (M) incidents in which firearms were used to stop mass violence; and

   Inserted: (N) any other area that the Commission determines contributes to the causes of mass violence.

   Inserted: (3) Testimony of victims and survivors.--In determining the root causes of these recurring and tragic incidents of mass violence, the Commission shall, in accordance with section 404(a), take the testimony of victims and survivors to learn and memorialize their views and experiences regarding such incidents of mass violence.

   Inserted: (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 these recurring and tragic incidents of mass violence and to reduce such incidents of mass violence.

   Inserted: (c) Reports.--

   Inserted: (1) Interim report.--Not later than 3 months after the date on which the Commission first meets, the Commission shall submit to the President and Congress an interim report describing any initial recommendations of the Commission.

   Inserted: (2) Final report.--Not later than 6 months after the date on which the Commission first meets, the Commission shall submit to the President and Congress a comprehensive report of the findings and conclusions of the Commission, together with the recommendations of the Commission.

   Inserted: (3) Summaries.--The report under paragraph (2) shall include a summary of--

   Inserted: (A) the reports submitted to the Commission by any entity under contract for research under section 404(e); and

   Inserted: (B) any other material relied on by the Commission in the preparation of the report.

   Inserted: SEC. 404. POWERS OF THE COMMISSION.

   Inserted: (a) Hearings.--

   Inserted: (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 403.

   Inserted: (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.

   Inserted: (b) Information From Federal Agencies.--The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out its duties under section 403. Upon the request of the Commission, the head of such agency may furnish such information to the Commission.

   Inserted: (c) Information to Be Kept Confidential.--

   Inserted: (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 (d) shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code.

   Inserted: (2) Disclosure.--Information obtained by the Commission or the Attorney General under this title and shared with the Commission, other than information available to the public, shall not be disclosed to any person in any manner, except--

   Inserted: (A) to Commission employees or employees of any individual or entity under contract to the Commission under subsection (d) for the purpose of receiving, reviewing, or processing such information;

   Inserted: (B) upon court order; or

   Inserted: (C) when publicly released by the Commission in an aggregate or summary form that does not directly or indirectly disclose--

   Inserted: (i) the identity of any person or business entity; or

   Inserted: (ii) any information which could not be released under section 1905 of title 18, United States Code.

   Inserted: (d) Contracting for Research.--The Commission may enter into contracts with any entity for research necessary to carry out the duties of the Commission under section 403.

   Inserted: SEC. 405. COMMISSION PERSONNEL MATTERS.

   Inserted: (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.

   Inserted: (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.

   Inserted: (c) Staff.--

   Inserted: (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 employees 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.

   Inserted: (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 employees 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 employees may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

   Inserted: (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.

   Inserted: (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.

   Inserted: SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: 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 title such sums as may be necessary to carry out the purposes of this title. Any sums appropriated shall remain available, without fiscal year limitation, until expended.

   Inserted: SEC. 407. TERMINATION OF THE COMMISSION.

   Inserted: The Commission shall terminate 30 days after the Commission submits the final report under section 403(c)(2).

   Original wording

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As printed