I
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 Trans-
portation 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 Representa-
tives 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, Newfound-
land.
SEC. 3. DUTIES.
(a) IN GENERAL.—The Commission shall conduct a
full and complete investigation into, and study of, the cir-
cumstances surrounding the crash of an Arrow Airlines
airplane near Gander, Newfoundland, Canada, on Decem-
ber 12, 1985.
(b) SPECIFIC ISSUES.—In fulfilling the duty de-
scribed 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 Ca-
nadian 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 in-
vestigation of the crash of the aircraft;
(5) the connection, if any, between the crash of
the aircraft and terrorism against the Federal Gov-
ernment or people from the United States; and
(6) the connection, if any, between the crash of
the aircraft and any matter authorized to be inves-
tigated by the Select Committee to Investigate Cov-
ert Arms Transactions with Iran, which was estab-
lished 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 Speak-
er and the minority leader of the House of Rep-
resentatives and the majority and minority leaders
of the Senate from among individuals who are offi-
cers, directors, employees, or members of the fami-
lies 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 cre-
ation 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 direc-
tor 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 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.
SEC. 6. POWERS.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, 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 wit-
nesses appearing before it.
(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Com-
mission, take any action that the Commission is author-
ized 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 Com-
mission 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 con-
ditions 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 in-
vestigate by section 3. The attendance of witnesses
and the production of evidence may be required from
any place within the United States at any des-
ignated place of hearing within the United States.
(2) SERVICE OF SUBPOENAS.—A subpoena of
the Commission may be served by any person des-
ignated 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 con-
ducted 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.
(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 Com-
mission on the Airplane Crash at Gander, New-
foundland, established by section 2.
(2) The term ‘‘aircraft’’ means the Arrow Air-
lines airplane that crashed near Gander, Newfound-
land, 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.