[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3312 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3312

    To establish the Federal Aviation Research and Evaluation Board.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 1998

Mr. Quinn (for himself, Mr. Latham, Mr. LaFalce, Mr. Rahall, Mr. Walsh, 
 and Mr. McHugh) introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure, and in addition to 
    the Committee on the Judiciary, 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 Federal Aviation Research and Evaluation Board.

    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 ``Federal Aviation Research and 
Evaluation Act'' (the FARE Act).

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Federal 
Aviation Research and Evaluation Board'' (referred to in this Act as 
the ``Commission'').

SEC. 3. DUTIES OF COMMISSION.

    The duties of the Commission shall be as follows:
            (1) To review any complaint submitted to the Commission 
        which alleges a predatory practice by an air carrier.
            (2) To study the airfare marketing and pricing practices 
        and service availability in the airline industry.
            (3) To submit to Congress interim reports as the Commission 
        considers appropriate. Such reports shall contain a detailed 
        statement of the findings and conclusions of the Commission 
        relating to reviews and studies conducted pursuant to this 
        section, together with recommendations of the Commission for 
        legislation or administrative actions.

SEC. 4. MEMBERS; COMPENSATION; MEETINGS.

    (a) Composition.--The Commission shall be composed of 7 members 
selected from representatives of the airline industry, consumer 
advocate groups, labor unions, and the business community and local, 
State, and Federal Government employees and elected officials, who 
shall be appointed as follows:
            (1) The President shall appoint 3 individuals.
            (2) The President Pro Tempore of the Senate shall appoint 2 
        individuals.
            (3) The Speaker of the House of Representatives shall 
        appoint 2 individuals.
    (b) Deadline for Initial Appointments.--All initial appointments to 
the Commission shall be made not later than 30 days after the date of 
the enactment of this Act.
    (c) Period of Appointment.--
            (1) In general.--Each member shall be appointed for the 
        life of the Commission.
            (2) Vacancies.--
                    (A) Authority of commission.--A vacancy in the 
                membership of the Commission shall not affect the power 
                of the remaining members to carry out the duties of the 
                Commission under section 3.
                    (B) Appointment of successors.--A vacancy in the 
                membership of the Commission shall be filled in the 
                manner in which the original appointment was made.
    (d) Compensation.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        members shall not be paid for their service on the Commission.
            (2) Travel expenses.--Each member 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.--
            (1) In general.--Five members of the Commission shall 
        constitute a quorum but a lesser number may hold hearings.
            (2) Affect of proxy.--A member of the Commission may vote 
        by means of a signed proxy exercised by another member of the 
        Commission, but any member so voting shall not be considered 
        present for purposes of establishing a quorum.
    (f) Chairperson.--The Chairperson of the Commission shall be 
elected by the members at the initial meeting of the Commission.
    (g) Meetings.--
            (1) Initial meeting.--The Commission shall hold its initial 
        meeting not later than 60 days after the date that the last of 
        the initial seven members the Commission is appointed.
            (2) Subsequent meetings.--After the initial meeting 
        required by paragraph (1), the Commission shall meet at the 
        call of the Chairperson or a majority of its members.

SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--The Commission may appoint and fix the pay of personnel 
as it considers appropriate.
    (b) Applicability of Certain Civil Service Laws.--The staff of the 
Commission may be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and may be paid without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.
    (d) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.

SEC. 6. POWERS OF COMMISSION.

    (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. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--Subject to sections 552, 552a, and 
552b of title 5, United States Code, the Commission may secure, 
directly from any department or agency of the United States, 
information necessary to enable it to carry out this Act.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (e) 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 duties under 
this Act.
    (f) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. 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) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that 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 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.
            (3) Service of subpoenas.--The subpoenas of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is to be made under paragraph (2) may be served in 
        the judicial district in which the person required to be served 
        resides or may be found.
    (g) Immunity.--The Commission is an agency of the United States for 
the purpose of part V of title 18, United States Code (relating to 
immunity of witnesses).
    (h) Contract Authority.--The Commission may contract with and 
compensate government and private agencies or persons for services 
necessary to carry out this Act, without regard to section 3709 of the 
Revised Statutes (41 U.S.C. 5).

SEC. 7. TERMINATION.

    The Commission shall terminate 3 years after the date of the 
initial meeting of the Commission.

SEC. 8. APPLICABILITY OF FEDERAL TORT CLAIMS PROVISIONS.

    For purposes of sections 1346(b) and 2401(b) and chapter 171 of 
title 28, United States Code, the Commission is a ``Federal agency'' 
and each of the members and personnel of the Commission is an 
``employee of the Government''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$4,000,000 for each of fiscal years 1999, 2000, 2001, and 2002.
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