I
107TH CONGRESS
1ST SESSION
H. R. 2746
To establish the Airport Noise Curfew Commission and to define its functions
and duties.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
Mr. CROWLEY (for himself, Mr. SHAYS, Mrs. LOWEY, Mr. GILMAN, Ms.
MCKINNEY, Mr. KUCINICH, Mr. GREEN of Texas, Mrs. MALONEY of New
York, Mrs. MCCARTHY of New York, Mr. SERRANO, Mr. HOEFFEL, and
Mr. WEINER) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To establish the Airport Noise Curfew Commission and to
define its functions and duties.
Be it enacted by the Senate and House of Representa-
tives 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 2001’’.
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 recommenda-
tions 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 ap-
pointed 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 pri-
vate citizens not involved in the aviation industry.
(c) CHAIRPERSON.—The Chairperson of the Commis-
sion 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 indus-
try.
(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 FED-
ERAL
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 Commis-
sion.
(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 Com-
mission, 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 chap-
ter 51 and subchapter III of chapter 53 of such title relat-
ing to classification and General Schedule pay rates.
(c) EXPERTS AND CONSULTANTS.—Subject to rules
prescribed by the Commission, the Chairperson may pro-
cure temporary and intermittent services to the same ex-
tent 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 func-
tions 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 mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is au-
thorized to take by this Act.
(c) OBTAINING OFFICIAL DATA.—The Commission
may secure directly from any Federal department or agen-
cy information necessary to enable it to carry out its du-
ties 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 con-
ditions as other Federal departments and agencies.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary 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 wit-
nesses and the production of any evidence relating to any