[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 857 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 857

 To establish a national commission to ensure small aircraft safety in 
                           the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 29 (legislative day, April 19), 1993

 Mr. Pressler introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To establish a national commission to ensure small aircraft safety in 
                           the United States.

    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 Commission To Ensure Small 
Aircraft Safety Act of 1993''.

SEC. 2. FINDINGS.

    Congress finds and declares the following:
            (1) Small aircraft safety is a serious national concern.
            (2) The Federal Government's resources must be utilized to 
        ensure the safety of small aircraft travel.
            (3) On at least three separate occasions, the National 
        Transportation Safety Board contacted the Federal Aviation 
        Administration regarding the Hartzell HC-B4 propeller assembly 
        featured on Mitsubishi MU-2 aircraft.
            (4) The National Transportation Safety Board urged the 
        Federal Aviation Administration to conduct full fleet 
        inspections of Hartzell propeller assemblies as a result of an 
        accident near Utica, New York.
            (5) The Federal Aviation Administration concluded that a 
        special investigation was not warranted.
            (6) The National Transportation Safety Board found the 
        Federal Aviation Administration's responses unacceptable.
            (7) The National Transportation Safety Board has no other 
        authority to pursue its recommendations other than to report to 
        the Federal Aviation Administration.
            (8) Small aircraft safety investigatory practices and 
        procedures should be examined.
            (9) Federal Government resources are not utilized 
        effectively when there is no mechanism or procedure to resolve 
        disagreements among Federal agencies over questions of small 
        aircraft safety.
            (10) Procedures are necessary to resolve Federal agency 
        disagreements over aircraft safety.
            (11) Alleviating Government gridlock among Federal entities 
        responsible for the safety of our Nation's pilots and 
        passengers should be a top priority.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the National Commission To Ensure Small Aircraft Safety (hereafter 
in this Act referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 11 
        members of whom--
                    (A) 1 shall be appointed by the President, subject 
                to paragraph (2);
                    (B) 5 shall be appointed by the President pro 
                tempore of the Senate, 3 upon the recommendation of the 
                majority leader of the Senate, and 2 upon the 
                recommendation of the minority leader of the Senate, 
                from among the Members of the Senate; and
                    (C) 3 shall be appointed by the Speaker of the 
                House of Representatives from among the Members of such 
                House, and 2 shall be appointed by the minority leader 
                of the House of Representatives from among the Members 
                of such House.
            (2) Prohibition.--The member of the Commission appointed 
        under paragraph (1)(A) may not be an employee or former 
        employee of the Federal Government.
            (3) Date.--The appointments of the members of the 
        Commission shall be made no later than 30 days following the 
        date of the enactment of this Act.
    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (d) Initial Meeting.--No later than 30 days after the date on which 
all members of the Commission have been appointed, the Commission shall 
hold its first meeting.
    (e) Meetings.--Except for its initial meeting, the Commission shall 
meet at the call of the Chairman.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) In General.--Members appointed shall be appointed from among 
individuals who are experts in general aviation policy (including 
representatives of Federal, State and local governments and other 
public authorities responsible for general aviation and small aircraft 
safety), small aircraft safety, and organizations representing general 
aviation, small aircraft pilots, passengers, shippers, and small 
aircraft designers and manufacturers.
    (h) Chairman and Vice Chairman.--The Commission shall select a 
Chairman and Vice Chairman from among its members.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Study.--The Commission shall conduct a thorough study and 
investigation of all matters relating to current investigatory 
procedures and practices of the National Transportation Safety Board 
and the Federal Aviation Administration with respect to small aircraft 
safety; the adequacy of these practices and procedures, the 
coordination of National Transportation Safety Board and Federal 
Aviation Administration investigations and enforcement of 
recommendations; the enforcement of Federal Aviation Administration 
small aircraft safety regulations; and the impediments to full 
utilization of National Transportation Safety Board and Federal 
Aviation Administration investigatory resources and enforcement.
    (b) Recommendations.--The Commission shall develop recommendations 
on those policies which need to be adopted to--
            (1) achieve a national goal of safety in small aircraft and 
        the general aviation industry;
            (2) resolve disagreements among Federal investigatory and 
        regulatory agencies responsible for small aircraft safety;
            (3) develop coordination among Federal agencies responsible 
        for investigating small aircraft safety; and
            (4) ensure full and effective enforcement of small aircraft 
        safety regulations.
    (c) Report.--No later than 6 months after the date of the enactment 
of this Act, the Commission shall submit a report to the President and 
the Congress which shall contain a detailed statement of the findings 
and conclusions of the Commission, together with its recommendations 
for such legislation and administrative actions as it considers 
appropriate.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out the 
purposes of this Act.
    (b) 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 the provisions of this Act. 
Upon request of the Chairman of the Commission, the head of such 
department or agency shall furnish such information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.

SEC. 6. 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 services 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 of an 
        executive director shall be subject to confirmation by the 
        Commission.
            (2) Compensation.--The Chairman of the Commission may fix 
        the compensation of the executive director and 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 the executive director and 
        other personnel may not exceed the rate payable for level V of 
        the Executive Schedule under section 5316 of such title.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (e) 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 which do not 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. 7. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 180 days after the date on which the 
Commission submits its report under section 4. All records and papers 
of the Commission shall be deposited by the Administrator of General 
Services in the National Archives.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
$____________ for fiscal year 1994 to the Commission to carry out the 
purposes of this Act.
    (b) Availability.--Any sums appropriated under the authorization 
contained in this section shall remain available, without fiscal year 
limitation, until expended.

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