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(b) SELECTION.—The members of a Commission 
shall be chosen in the following manner: 
(1) The Chairman of the NTSB shall be a 
member of the Commission. 
(2) The President shall appoint the remaining 
14 members, and shall designate the Chairman and 
Vice Chairman of the Commission from among its 
members. 
(3) Four of the 14 members appointed by the 
President shall be selected by the President in the 
following manner: 
(A) The majority leader of the Senate, the 
minority leader of the Senate, the Speaker of 
the House of Representatives, and the minority 
leader of the House of Representatives shall 
each provide to the President a list of can-
didates for membership on the Commission. 
(B) The President shall select one of the 
candidates from each of the 4 lists for member-
ship on the Commission. 
(4) In the case of a Commission established 
under subtitle A, the President shall select one can-
didate from a list of candidates for membership on 
the Commission provided by the President of the col-
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lective-bargaining organization including the largest 
member of NASA engineers. 
(5) With the exception of the Chairman of the 
NTSB, no officer or employee of the Federal Gov-
ernment shall serve as a member of the Commission. 
(6) No member of the Commission shall have, 
or have pending, a contractual relationship with 
NASA. 
(7) The President shall not appoint any indi-
vidual as a member of a Commission under this sec-
tion who has a current or former relationship with 
the Administrator that the President determines 
would constitute a conflict of interest. 
(8) To the extent practicable, the President 
shall ensure that the members of the Commission in-
clude some individuals with experience relative to 
human carrying spacecraft, as well as some individ-
uals with investigative experience and some individ-
uals with legal experience. 
(9) To the extent practicable, the President 
shall seek diversity in the membership of the Com-
mission. 
(10) The President may waive the prohibitions 
in paragraphs (5) and (6) with respect to the selec-
102
tion of not more than 2 members of a Commission 
established under subtitle A. 
(c) DEADLINE FOR APPOINTMENT.—All members of 
a Commission established under subtitle A shall be ap-
pointed no later than 60 days after issuance of the execu-
tive order establishing the Commission. All members of a 
Commission established under subtitle B shall be ap-
pointed no later than 30 days after the incident. 
(d) INITIAL MEETING.—A Commission shall meet 
and begin operations as soon as practicable. 
(e) QUORUM; VACANCIES.—After its initial meeting, 
a Commission shall meet upon the call of the Chairman 
or a majority of its members. Eight members of a Com-
mission shall constitute a quorum. Any vacancy in a Com-
mission shall not affect its powers, but shall be filled in 
the same manner in which the original appointment was 
made. 
SEC. 932. POWERS OF COMMISSION. 
(a) IN GENERAL.—
(1) HEARINGS AND EVIDENCE.—A Commission 
or, on the authority of the Commission, any sub-
committee or member thereof, may, for the purpose 
of carrying out this title—
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(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, administer such oaths; and 
(B) subject to paragraph (2)(A), require, 
by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production 
of such books, records, correspondence, memo-
randa, papers, and documents, 
as the Commission or such designated subcommittee 
or designated member may determine advisable. 
(2) SUBPOENAS.—
(A) ISSUANCE.—
(i) IN GENERAL.—A subpoena may be 
issued under this subsection only—
(I) by the agreement of the 
Chairman and the Vice Chairman; or 
(II) by the affirmative vote of 8 
members of the Commission. 
(ii) SIGNATURE.—Subject to clause 
(i), subpoenas issued under this subsection 
may be issued under the signature of the 
Chairman or any member designated by a 
majority of the Commission, and may be 
served by any person designated by the
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Chairman or by a member designated by a 
majority of the Commission. 
(B) ENFORCEMENT.—
(i) IN GENERAL.—In the case of con-
tumacy or failure to obey a subpoena 
issued under subsection (a), the United 
States district court for the judicial district 
in which the subpoenaed person resides, is 
served, or may be found, or where the sub-
poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to 
obey the order of the court may be pun-
ished by the court as a contempt of that 
court. 
(ii) ADDITIONAL ENFORCEMENT.—In 
the case of a failure of a witness to comply 
with a subpoena or to testify when sum-
moned under authority of this section, a 
Commission may, by majority vote, certify 
a statement of fact constituting such fail-
ure to the appropriate United States attor-
ney, who may bring the matter before the 
grand jury for its action, under the same
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statutory authority and procedures as if 
the United States attorney had received a 
certification under sections 102 through 
104 of the Revised Statutes of the United 
States (2 U.S.C. 192 through 194). 
(b) CONTRACTING.—A Commission may, to such ex-
tent and in such amounts as are provided in appropriation 
Acts, enter into contracts to enable the Commission to dis-
charge its duties under this title. 
(c) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—A Commission may secure 
directly from any executive department, bureau, 
agency, board, commission, office, independent es-
tablishment, or instrumentality of the Government, 
information, suggestions, estimates, and statistics 
for the purposes of this title. Each department, bu-
reau, agency, board, commission, office, independent 
establishment, or instrumentality shall, to the extent 
authorized by law, furnish such information, sugges-
tions, estimates, and statistics directly to the Com-
mission, upon request made by the Chairman, the 
chairman of any subcommittee created by a majority 
of the Commission, or any member designated by a 
majority of the Commission.
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(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) GENERAL
SERVICES
ADMINISTRATION.—
The Administrator of General Services shall provide 
to a Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s tasks. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
(1), departments and agencies of the United States 
may provide to the Commission such services, funds, 
facilities, staff, and other support services as they 
may determine advisable and as may be authorized 
by law. 
(3) NASA ENGINEERING
AND
SAFETY
CEN-
TER.—The NASA Engineering and Safety Center 
shall provide data and technical support as re-
quested by a Commission. 
(e) POSTAL SERVICES.—A Commission may use the 
United States mails in the same manner and under the
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same conditions as departments and agencies of the 
United States. 
SEC. 933. PUBLIC MEETINGS, INFORMATION, AND HEAR-
INGS. 
(a) PUBLIC MEETINGS AND RELEASE OF PUBLIC 
VERSIONS OF REPORTS.—A Commission shall—
(1) hold public hearings and meetings to the ex-
tent appropriate; and 
(2) release public versions of the reports re-
quired under this Act. 
(b) PUBLIC HEARINGS.—Any public hearings of a 
Commission shall be conducted in a manner consistent 
with the protection of information provided to or developed 
for or by the Commission as required by any applicable 
statute, regulation, or Executive order. 
SEC. 934. STAFF OF COMMISSION. 
(a) IN GENERAL.—
(1) APPOINTMENT AND COMPENSATION.—The 
Chairman, in consultation with Vice Chairman, in 
accordance with rules agreed upon by a Commission, 
may appoint and fix the compensation of a staff di-
rector and such other personnel as may be necessary 
to enable the Commission to carry out its functions, 
without regard to the provisions of title 5, United 
States Code, governing appointments in the competi-
108
tive service, and 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, except that no rate of pay fixed under this 
paragraph may exceed the equivalent of that payable 
for a position at level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
Employees of NASA shall not be appointed to the 
staff of a Commission. 
(2) PERSONNEL AS FEDERAL EMPLOYEES.—
(A) IN GENERAL.—The executive director 
and any personnel of a Commission shall be 
considered employees under section 2105 of 
title 5, United States Code, for purposes of 
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of 
that title. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (A) does not apply to members of a Com-
mission. 
(b) DETAILEES.—Any Federal Government em-
ployee, except for an employee of NASA, may be detailed 
to a Commission without reimbursement from the Com-
mission, and such detailee shall retain the rights, status, 
and privileges of his or her regular employment without 
interruption.
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(c) CONSULTANT SERVICES.—A Commission may 
procure the services of experts and consultants in accord-
ance with section 3109 of title 5, United States Code, but 
at rates not to exceed the daily rate paid a person occu-
pying a position at level IV of the Executive Schedule 
under section 5315 of title 5, United States Code. Any 
consultant or expert whose services are procured under 
this subsection shall disclose any contract or association 
it has with NASA or any NASA contractor. 
SEC. 935. COMPENSATION AND TRAVEL EXPENSES. 
(a) COMPENSATION.—Each member of a Commission 
may be compensated at not to exceed the daily equivalent 
of the annual rate of basic pay in effect for a position 
at level IV of the Executive Schedule under section 5315 
of title 5, United States Code, for each day during which 
that member is engaged in the actual performance of the 
duties of the Commission. 
(b) TRAVEL EXPENSES.—While away from their 
homes or regular places of business in the performance 
of services for the Commission, members of a Commission 
shall be allowed travel expenses, including per diem in lieu 
of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed ex-
penses under section 5703(b) of title 5, United States 
Code.
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SEC. 936. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF. 
The appropriate Federal agencies or departments 
shall cooperate with a Commission in expeditiously pro-
viding to the Commission members and staff appropriate 
security clearances to the extent possible pursuant to ex-
isting procedures and requirements. No person shall be 
provided with access to classified information under this 
title without the appropriate security clearances. 
SEC. 937. REPORTING REQUIREMENTS AND TERMINATION. 
(a) INTERIM REPORTS.—A Commission may submit 
to the President and Congress interim reports containing 
such findings, conclusions, and recommendations for cor-
rective actions as have been agreed to by a majority of 
Commission members. 
(b) FINAL REPORT.—A Commission shall submit to 
the President and Congress, and make concurrently avail-
able to the public, a final report containing such findings, 
conclusions, and recommendations for corrective actions 
as have been agreed to by a majority of Commission mem-
bers. Such report shall include any minority views or opin-
ions not reflected in the majority report. 
(c) TERMINATION.—
(1) IN GENERAL.—A Commission, and all the 
authorities of this title with respect to that Commis-
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sion, shall terminate 60 days after the date on which 
the final report is submitted under subsection (b). 
(2) ADMINISTRATIVE ACTIVITIES BEFORE TER-
MINATION.—A Commission may use the 60-day pe-
riod referred to in paragraph (1) for the purpose of 
concluding its activities, including providing testi-
mony to committees of Congress concerning its re-
ports and disseminating the final report.
Æ