[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 2838
To establish a Commission on the Airplane Crash at Gander,
Newfoundland.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 1993
Mr. Everett (for himself, Mr. Bateman, Mr. Engel, Mr. Gordon, Mr.
Hutto, Mr. Klink, Mr. Kopetski, Mr. McCollum, Mr. McNulty, Mr. Mazzoli,
Mr. Murphy, Mr. Obey, Mr. Pallone, Mr. Slattery, Mr. Smith of Oregon,
and Mr. Wheat) introduced the following bill; which was referred
jointly to the Committees on Public Works and Transportation and
Foreign Affairs
_______________________________________________________________________
A BILL
To establish a Commission on the Airplane Crash at Gander,
Newfoundland.
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 ``Commission on the Airplane Crash at
Gander, Newfoundland, Act''.
SEC. 2. ESTABLISHMENT.
There is established in the legislative branch of the Federal
Government a commission to be known as the Commission on the Airplane
Crash at Gander, Newfoundland.
SEC. 3. DUTIES.
(a) In General.--The Commission shall conduct a full and complete
investigation into, and study of, the circumstances surrounding the
crash of an Arrow Airlines airplane near Gander, Newfoundland, Canada,
on December 12, 1985.
(b) Specific Issues.--In fulfilling the duty described in
subsection (a), the Commission shall address--
(1) the mechanical condition and soundness of the aircraft
during the course of its flight and crash;
(2) the weather conditions encountered by the aircraft
during the course of its flight and crash;
(3) the scope and adequacy of the investigation conducted,
and the conclusions reached, by the Canadian Aviation Safety
Board regarding the crash of the aircraft;
(4) the role of each Federal agency that was or should have
been involved in the flight or in an investigation of the crash
of the aircraft;
(5) the connection, if any, between the crash of the
aircraft and terrorism against the Federal Government or people
from the United States; and
(6) the connection, if any, between the crash of the
aircraft and any matter authorized to be investigated by the
Select Committee to Investigate Covert Arms Transactions with
Iran, which was established in the House of Representatives on
January 7, 1987.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 13
members appointed not later than 180 days after the date of the
enactment of this Act. The Commission shall consist of the following
members:
(1) 3 individuals appointed by the Speaker of the House of
Representatives.
(2) 3 individuals appointed by the minority leader of the
House of Representatives.
(3) 3 individuals appointed by the majority leader of the
Senate.
(4) 3 individuals appointed by the minority leader of the
Senate.
(5) 1 individual appointed jointly by the Speaker and the
minority leader of the House of Representatives and the
majority and minority leaders of the Senate from among
individuals who are officers, directors, employees, or members
of the families of the victims.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Vacancies.--A vacancy in the Commission shall be filled not
later than 60 days after the date of the creation of the vacancy in the
manner in which the original appointment was made.
(d) Compensation.--
(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings, take testimony, or
receive evidence.
(f) Chairperson and Vice Chairperson.--The chairperson and vice
chairperson of the Commission shall be elected by a majority vote of
the members of the Commission.
(g) Meetings.--The Commission shall meet at the call of the
chairperson of the Commission or a majority of its members.
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a director appointed by
the Commission and paid at a rate not to exceed the minimum rate of
basic pay payable for GS-15 of the General Schedule.
(b) Staff.--The Commission may appoint and fix the pay of
additional personnel as it considers appropriate, except that an
individual so appointed may not receive pay in excess of the minimum
rate of basic pay payable for GS-12 of the General Schedule.
(c) Experts and Consultants.--The Commission may procure by
contract the temporary or intermittent services of experts or
consultants, including stenographic reporting services, at rates for
individuals not to exceed the daily equivalent of the minimum annual
rate of basic pay payable for GS-15 of the General Schedule.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 6. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate, within the United States or in any other country. The
Commission may administer oaths or affirmations to witnesses appearing
before it.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action that the
Commission is authorized to take by this section.
(c) Information.--
(1) In general.--Notwithstanding sections 552 and 552b of
title 5, United States Code, the Commission may secure directly
from any Federal agency information necessary to enable it to
carry out this Act. Upon request of the chairperson of the
Commission, the head of the Federal agency shall furnish the
information to the Commission.
(2) Prohibition of disclosure.--The Commission shall not
disclose information secured under paragraph (1) that is
protected from disclosure by Federal law or that is classified
for national security purposes.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of evidence relating to any matter that the
Commission is empowered to investigate by section 3. The
attendance of witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
(2) Service of subpoenas.--A subpoena of the Commission may
be served by any person designated by the Commission or the
chairperson of the Commission.
(3) Failure to obey subpoena.--If a person refuses to obey
a subpoena issues under paragraph (1), the Commission may apply
to a United States district court for an order requiring the
person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where the 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.
(4) Service of process.--All process of any court to which
application is made under paragraph (3) may be served in the
judicial district in which the person required to be served
resides or may be found.
(f) Evidence in Foreign Countries.--
(1) In general.--The Commission may obtain evidence located
in a foreign country with the cooperation of the government of
the country or, if the laws of the country allow, by letters
rogatory, commissions, field depositions, and other appropriate
mechanisms.
(2) Requests for assistance.--For the purpose of obtaining
evidence located in a foreign country, the Commission may make
application to a court of competent jurisdiction for issuance
of letters rogatory and may request other appropriate
assistance from any agency of the legislative, executive, or
judicial branches of the Federal Government. The Commission may
request the Secretary of State to transmit a letter rogatory or
other request to a foreign tribunal, officer, or agency.
(g) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORT.
(a) In General.--Not later than the expiration of the 18-month
period beginning on the date of the appointment of the last member of
the Commission to be appointed under section 4(a), the Commission shall
submit to the President and the Congress a report. The report shall
include--
(1) a detailed chronology of the relevant events that took
place before, during, and after the crash of the aircraft,
including the sequential development of the investigation
conducted by the Canadian Aviation Safety Board;
(2) the findings and conclusions of the Commission; and
(3) specific recommendations for legislative, executive, or
judicial actions that the Commission determines to be
appropriate.
(b) Specific Findings and Conclusions.--The report required by
subsection (a) shall include the findings and conclusions of the
Commission concerning--
(1) the cause or causes of the crash of the aircraft;
(2) the person or persons responsible for the crash, if
any;
(3) the adequacy of the investigation conducted by the
Canadian Aviation Safety Board; and
(4) the adequacy of any assistance provided to the Canadian
Aviation Safety Board by any Federal agency.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the expiration of the
60-day period beginning on the date on which the Commission submits its
report under section 7.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ``Commission'' means the Commission on the
Airplane Crash at Gander, Newfoundland, established by section
2.
(2) The term ``aircraft'' means the Arrow Airlines airplane
that crashed near Gander, Newfoundland, Canada, on December 12,
1985.
SEC. 10. BUDGET COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
651(c)(2)(A))) authorized by this Act shall be effective only to such
extent or in such amounts as are provided in appropriation Acts.
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