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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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Commission on the

5 Airplane Crash at Gander, Newfoundland, Act’’.

6 SEC. 2. ESTABLISHMENT.

7 There is established in the legislative branch of the

8 Federal Government a commission to be known as the
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1 Commission on the Airplane Crash at Gander, Newfound2 land.

3 SEC. 3. DUTIES.

4 (a) IN GENERAL.—The Commission shall conduct a

5 full and complete investigation into, and study of, the cir6 cumstances surrounding the crash of an Arrow Airlines

7 airplane near Gander, Newfoundland, Canada, on Decem8 ber 12, 1985.

9 (b) SPECIFIC ISSUES.—In fulfilling the duty de10 scribed in subsection (a), the Commission shall address—

11 (1) the mechanical condition and soundness of

12 the aircraft during the course of its flight and crash;

13 (2) the weather conditions encountered by the

14 aircraft during the course of its flight and crash;

15 (3) the scope and adequacy of the investigation

16 conducted, and the conclusions reached, by the Ca17 nadian Aviation Safety Board regarding the crash of

18 the aircraft;

19 (4) the role of each Federal agency that was or

20 should have been involved in the flight or in an in21 vestigation of the crash of the aircraft;

22 (5) the connection, if any, between the crash of

23 the aircraft and terrorism against the Federal Gov24 ernment or people from the United States; and
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1 (6) the connection, if any, between the crash of

2 the aircraft and any matter authorized to be inves3 tigated by the Select Committee to Investigate Cov4 ert Arms Transactions with Iran, which was estab5 lished in the House of Representatives on January

6 7, 1987.

7 SEC. 4. MEMBERSHIP.

8 (a) NUMBER AND APPOINTMENT.—The Commission

9 shall be composed of 13 members appointed not later than

10 180 days after the date of the enactment of this Act. The

11 Commission shall consist of the following members:

12 (1) 3 individuals appointed by the Speaker of

13 the House of Representatives.

14 (2) 3 individuals appointed by the minority

15 leader of the House of Representatives.

16 (3) 3 individuals appointed by the majority

17 leader of the Senate.

18 (4) 3 individuals appointed by the minority

19 leader of the Senate.

20 (5) 1 individual appointed jointly by the Speak21 er and the minority leader of the House of Rep22 resentatives and the majority and minority leaders

23 of the Senate from among individuals who are offi24 cers, directors, employees, or members of the fami25 lies of the victims.
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1 (b) TERMS.—Each member shall be appointed for the

2 life of the Commission.

3 (c) VACANCIES.—A vacancy in the Commission shall

4 be filled not later than 60 days after the date of the cre5 ation of the vacancy in the manner in which the original

6 appointment was made.

7 (d) COMPENSATION.—

8 (1) RATES OF PAY.—Except as provided in

9 paragraph (2), members of the Commission shall

10 serve without pay.

11 (2) TRAVEL EXPENSES.—Each member of the

12 Commission shall receive travel expenses, including

13 per diem in lieu of subsistence, in accordance with

14 sections 5702 and 5703 of title 5, United States

15 Code.

16 (e) QUORUM.—Seven members of the Commission

17 shall constitute a quorum, but a lesser number may hold

18 hearings, take testimony, or receive evidence.

19 (f) CHAIRPERSON AND VICE CHAIRPERSON.—The

20 chairperson and vice chairperson of the Commission shall

21 be elected by a majority vote of the members of the

22 Commission.

23 (g) MEETINGS.—The Commission shall meet at the

24 call of the chairperson of the Commission or a majority

25 of its members.
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1 SEC. 5. STAFF AND SUPPORT SERVICES.

2 (a) DIRECTOR.—The Commission shall have a direc3 tor appointed by the Commission and paid at a rate not

4 to exceed the minimum rate of basic pay payable for GS–

5 15 of the General Schedule.

6 (b) STAFF.—The Commission may appoint and fix

7 the pay of additional personnel as it considers appropriate,

8 except that an individual so appointed may not receive pay

9 in excess of the minimum rate of basic pay payable for

10 GS–12 of the General Schedule.

11 (c) EXPERTS AND CONSULTANTS.—The Commission

12 may procure by contract the temporary or intermittent

13 services of experts or consultants, including stenographic

14 reporting services, at rates for individuals not to exceed

15 the daily equivalent of the minimum annual rate of basic

16 pay payable for GS–15 of the General Schedule.

17 (d) ADMINISTRATIVE SUPPORT SERVICES.—Upon

18 the request of the Commission, the Administrator of Gen19 eral Services shall provide to the Commission, on a reim20 bursable basis, the administrative support services nec21 essary for the Commission to carry out its responsibilities

22 under this Act.

23 SEC. 6. POWERS.

24 (a) HEARINGS AND SESSIONS.—The Commission

25 may, for the purpose of carrying out this Act, hold hear26 ings, sit and act at times and places, take testimony, and
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1 receive evidence as the Commission considers appropriate,

2 within the United States or in any other country. The

3 Commission may administer oaths or affirmations to wit4 nesses appearing before it.

5 (b) DELEGATION OF AUTHORITY.—Any member or

6 agent of the Commission may, if authorized by the Com7 mission, take any action that the Commission is author8 ized to take by this section.

9 (c) INFORMATION.—

10 (1) IN GENERAL.—Notwithstanding sections

11 552 and 552b of title 5, United States Code, the

12 Commission may secure directly from any Federal

13 agency information necessary to enable it to carry

14 out this Act. Upon request of the chairperson of the

15 Commission, the head of the Federal agency shall

16 furnish the information to the Commission.

17 (2) PROHIBITION OF DISCLOSURE.—The Com18 mission shall not disclose information secured under

19 paragraph (1) that is protected from disclosure by

20 Federal law or that is classified for national security

21 purposes.

22 (d) MAILS.—The Commission may use the United

23 States mails in the same manner and under the same con24 ditions as other Federal agencies.

25 (e) SUBPOENA POWER.—
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1 (1) IN GENERAL.—The Commission may issue

2 subpoenas requiring the attendance and testimony of

3 witnesses and the production of evidence relating to

4 any matter that the Commission is empowered to in5 vestigate by section 3. The attendance of witnesses

6 and the production of evidence may be required from

7 any place within the United States at any des8 ignated place of hearing within the United States.

9 (2) SERVICE OF SUBPOENAS.—A subpoena of

10 the Commission may be served by any person des11 ignated by the Commission or the chairperson of the

12 Commission.

13 (3) FAILURE TO OBEY SUBPOENA.—If a person

14 refuses to obey a subpoena issues under paragraph

15 (1), the Commission may apply to a United States

16 district court for an order requiring the person to

17 appear before the Commission to give testimony,

18 produce evidence, or both, relating to the matter

19 under investigation. The application may be made

20 within the judicial district where the hearing is con21 ducted or where the person is found, resides, or

22 transacts business. Any failure to obey the order of

23 the court may be punished by the court as civil

24 contempt.
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1 (4) SERVICE OF PROCESS.—All process of any

2 court to which application is made under paragraph

3 (3) may be served in the judicial district in which

4 the person required to be served resides or may be

5 found.

6 (f) EVIDENCE IN FOREIGN COUNTRIES.—

7 (1) IN GENERAL.—The Commission may obtain

8 evidence located in a foreign country with the co9 operation of the government of the country or, if the

10 laws of the country allow, by letters rogatory, com11 missions, field depositions, and other appropriate

12 mechanisms.

13 (2) REQUESTS FOR ASSISTANCE.—For the pur14 pose of obtaining evidence located in a foreign coun15 try, the Commission may make application to a

16 court of competent jurisdiction for issuance of letters

17 rogatory and may request other appropriate assist18 ance from any agency of the legislative, executive, or

19 judicial branches of the Federal Government. The

20 Commission may request the Secretary of State to

21 transmit a letter rogatory or other request to a for22 eign tribunal, officer, or agency.

23 (g) CONTRACT AUTHORITY.—The Commission may

24 contract with and compensate government and private
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1 agencies or persons for supplies or services without regard

2 to section 3709 of the Revised Statutes (41 U.S.C. 5).

3 SEC. 7. REPORT.

4 (a) IN GENERAL.—Not later than the expiration of

5 the 18-month period beginning on the date of the appoint6 ment of the last member of the Commission to be ap7 pointed under section 4(a), the Commission shall submit

8 to the President and the Congress a report. The report

9 shall include—

10 (1) a detailed chronology of the relevant events

11 that took place before, during, and after the crash

12 of the aircraft, including the sequential development

13 of the investigation conducted by the Canadian Avia14 tion Safety Board;

15 (2) the findings and conclusions of the Commis16 sion; and

17 (3) specific recommendations for legislative, ex18 ecutive, or judicial actions that the Commission de19 termines to be appropriate.

20 (b) SPECIFIC FINDINGS AND CONCLUSIONS.—The

21 report required by subsection (a) shall include the findings

22 and conclusions of the Commission concerning—

23 (1) the cause or causes of the crash of the

24 aircraft;
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1 (2) the person or persons responsible for the

2 crash, if any;

3 (3) the adequacy of the investigation conducted

4 by the Canadian Aviation Safety Board; and

5 (4) the adequacy of any assistance provided to

6 the Canadian Aviation Safety Board by any Federal

7 agency.

8 SEC. 8. TERMINATION.

9 The Commission shall terminate not later than the

10 expiration of the 60-day period beginning on the date on

11 which the Commission submits its report under section 7.

12 SEC. 9. DEFINITIONS.

13 For purposes of this Act:

14 (1) The term ‘‘Commission’’ means the Com15 mission on the Airplane Crash at Gander, New16 foundland, established by section 2.

17 (2) The term ‘‘aircraft’’ means the Arrow Air18 lines airplane that crashed near Gander, Newfound19 land, Canada, on December 12, 1985.

20 SEC. 10. BUDGET COMPLIANCE.

21 Any spending authority (as defined in subparagraphs

22 (A) and (C) of section 401(c)(2) of the Congressional

23 Budget Act of 1974 (2 U.S.C. 651(c)(2)(A))) authorized

24 by this Act shall be effective only to such extent or in such

25 amounts as are provided in appropriation Acts.
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