I
105TH CONGRESS
2D SESSION
H. R. 3312
To establish the Federal Aviation Research and Evaluation Board.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1998
Mr. QUINN (for himself, Mr. LATHAM, Mr. LAFALCE, Mr. RAHALL, Mr.
WALSH, and Mr. MCHUGH) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure, and in ad-
dition to the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To establish the Federal Aviation Research and Evaluation
Board.
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 ‘‘Federal Aviation Re-
search and Evaluation Act’’ (the FARE Act).
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the
‘‘Federal Aviation Research and Evaluation Board’’ (re-
ferred to in this Act as the ‘‘Commission’’).
SEC. 3. DUTIES OF COMMISSION.
The duties of the Commission shall be as follows:
(1) To review any complaint submitted to the
Commission which alleges a predatory practice by an
air carrier.
(2) To study the airfare marketing and pricing
practices and service availability in the airline indus-
try.
(3) To submit to Congress interim reports as
the Commission considers appropriate. Such reports
shall contain a detailed statement of the findings
and conclusions of the Commission relating to re-
views and studies conducted pursuant to this sec-
tion, together with recommendations of the Commis-
sion for legislation or administrative actions.
SEC. 4. MEMBERS; COMPENSATION; MEETINGS.
(a) COMPOSITION.—The Commission shall be com-
posed of 7 members selected from representatives of the
airline industry, consumer advocate groups, labor unions,
and the business community and local, State, and Federal
Government employees and elected officials, who shall be
appointed as follows:
(1) The President shall appoint 3 individuals.
(2) The President Pro Tempore of the Senate
shall appoint 2 individuals.
(3) The Speaker of the House of Representa-
tives shall appoint 2 individuals.
(b) DEADLINE
FOR INITIAL APPOINTMENTS.—All
initial appointments to the Commission shall be made not
later than 30 days after the date of the enactment of this
Act.
(c) PERIOD OF APPOINTMENT.—
(1) IN GENERAL.—Each member shall be ap-
pointed for the life of the Commission.
(2) VACANCIES.—
(A) AUTHORITY OF COMMISSION.—A va-
cancy in the membership of the Commission
shall not affect the power of the remaining
members to carry out the duties of the Commis-
sion under section 3.
(B) APPOINTMENT
OF
SUCCESSORS.—A
vacancy in the membership of the Commission
shall be filled in the manner in which the origi-
nal appointment was made.
(d) COMPENSATION.—
(1) RATES
OF
PAY.—Except as provided in
paragraph (2), members shall not be paid for their
service on the Commission.
(2) TRAVEL
EXPENSES.—Each member 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.—
(1) IN GENERAL.—Five members of the Com-
mission shall constitute a quorum but a lesser num-
ber may hold hearings.
(2) AFFECT
OF
PROXY.—A member of the
Commission may vote by means of a signed proxy
exercised by another member of the Commission, but
any member so voting shall not be considered
present for purposes of establishing a quorum.
(f) CHAIRPERSON.—The Chairperson of the Commis-
sion shall be elected by the members at the initial meeting
of the Commission.
(g) MEETINGS.—
(1) INITIAL MEETING.—The Commission shall
hold its initial meeting not later than 60 days after
the date that the last of the initial seven members
the Commission is appointed.
(2) SUBSEQUENT MEETINGS.—After the initial
meeting required by paragraph (1), the Commission
shall meet at the call of the Chairperson or a major-
ity of its members.
SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULT-
ANTS.
(a) STAFF.—The Commission may appoint and fix
the pay of personnel as it 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 that title relat-
ing to classification and General Schedule pay rates.
(c) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(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 this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to
witnesses appearing before it.
(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 section.
(c) OBTAINING OFFICIAL DATA.—Subject to sections
552, 552a, and 552b of title 5, United States Code, the
Commission may secure, directly from any department or
agency of the United States, information necessary to en-
able it to carry out this Act.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(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 duties under
this Act.
(f) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Com-
mission. The attendance of witnesses and the pro-
duction of evidence may be required from any place
within the United States at any designated place of
hearing within the United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, 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 that 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.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Commission shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is to be made under para-
graph (2) may be served in the judicial district in
which the person required to be served resides or
may be found.
(g) IMMUNITY.—The Commission is an agency of the
United States for the purpose of part V of title 18, United
States Code (relating to immunity of witnesses).
(h) CONTRACT AUTHORITY.—The Commission may
contract with and compensate government and private
agencies or persons for services necessary to carry out this
Act, without regard to section 3709 of the Revised Stat-
utes (41 U.S.C. 5).
SEC. 7. TERMINATION.
The Commission shall terminate 3 years after the
date of the initial meeting of the Commission.
SEC. 8. APPLICABILITY OF FEDERAL TORT CLAIMS PROVI-
SIONS.
For purposes of sections 1346(b) and 2401(b) and
chapter 171 of title 28, United States Code, the Commis-
sion is a ‘‘Federal agency’’ and each of the members and
personnel of the Commission is an ‘‘employee of the Gov-
ernment’’.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this Act $4,000,000 for each of fiscal years 1999, 2000,
2001, and 2002.
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