[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5109 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5109

           To establish the Airport Noise Curfew Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2004

 Mr. Crowley (for himself, Mr. Serrano, Mr. Sherman, Mr. Hoeffel, Mr. 
Weiner, Mrs. McCarthy of New York, Mr. Smith of Washington, Mr. Berman, 
Mr. Holt, Mrs. Maloney, Mrs. Lowey, Mr. Stark, Mr. Israel, Mr. Moran of 
Virginia, Mr. Green of Texas, Mr. Delahunt, and Mr. Schiff) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
           To establish the Airport Noise Curfew Commission.

    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 ``Airport Noise Curfew Act of 2004''.

SEC. 2. ESTABLISHMENT.

     There is established a commission to be known as the ``Airport 
Noise Curfew Commission'' (in this Act referred to as the 
``Commission'').

SEC. 3. DUTIES OF COMMISSION.

     The Commission shall study and make recommendations to Congress 
regarding the establishment of curfews on nonmilitary aircraft 
operations over populated areas of the United States during normal 
sleeping hours.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 9 
members as follows:
            (1) 4 members appointed by the Speaker of the House of 
        Representatives.
            (2) 3 members appointed by the President pro tempore of the 
        Senate.
            (3) The Administrator of the Environmental Protection 
        Agency (or the Administrator's designee).
            (4) The Administrator of the Federal Aviation 
        Administration (or the Administrator's designee).
    (b) Qualifications.--One of the members appointed under each of 
subsections (a)(1) and (a)(2) shall be a representative of the aviation 
industry. The other members appointed under such subsections shall be 
private citizens not involved in the aviation industry.
    (c) Chairperson.--The Chairperson of the Commission shall be 
elected by the members from among the members appointed under 
subsections (a)(1) and (a)(2) who are private citizens not involved in 
the aviation industry.
    (d) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (e) Basic Pay.--
            (1) Rates of pay.--To the extent or in the amounts provided 
        in advance in appropriation Acts and except as provided in 
        paragraph (2), members of the Commission shall each be entitled 
        to receive the daily equivalent of the annual rate of basic pay 
        in effect for grade GS-18 of the General Schedule for each day 
        (including travel time) during which they are engaged in the 
        actual performance of duties vested in the Commission.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service on the 
        Commission.
    (f) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.

SEC. 5. STAFF OF COMMISSION.

    (a) Staff.--Subject to rules prescribed by the Commission, the 
Chairperson may appoint and fix the pay of such personnel as the 
Chairperson 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 such title relating to 
classification and General Schedule pay rates.
    (c) Experts and Consultants.--Subject to rules prescribed by the 
Commission, the Chairperson may procure temporary and intermittent 
services to the same extent as is authorized by section 3109(b) of 
title 5, United States Code, but at rates for individuals not to exceed 
the daily equivalent of the annual rate of basic pay in effect for 
grade GS-18 of the General Schedule.
    (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 its duties and functions under this Act, hold such 
hearings, sit and act at such times and places, take such testimony, 
and receive such evidence, as the Commission considers appropriate.
    (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 Act.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any Federal department or agency information necessary to enable 
it to carry out its duties and functions. Upon request of the 
Chairperson of the Commission, the head of such department or agency 
shall furnish such information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal departments 
and agencies.
    (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 responsibilities 
under this Act.
    (f) Subpoena Power.--The Commission may issue subpoenas requiring 
the attendance and testimony of witnesses and the production of any 
evidence relating to any matter which the Commission is empowered to 
investigate by this Act. 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.

SEC. 7. REPORT.

     Not later than 6 months after the date of enactment of this Act, 
the Commission shall transmit to Congress a report on its findings and 
recommendations.

SEC. 8. TERMINATION.

     The Commission shall terminate on the date of transmission of its 
report under section 7.
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