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[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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