I

103D CONGRESS

2D SESSION H. R. 5077

To establish a commission to assist in commemoration of the 1st airplane

flight by the Wright brothers.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 22, 1994

Mr. HALL of Ohio (for himself, Mr. LANCASTER, Mr. APPLEGATE, Mrs. CLAYTON, Mr. BOEHNER, Mr. HEFNER, Mr. FINGERHUT, Mr. MCMILLAN,

Mr. GILLMOR, Mr. NEAL of North Carolina, Mr. HOBSON, Mr. PRICE of

North Carolina, Ms. KAPTUR, Mr. ROSE, Mr. KASICH, Mr. VALENTINE,

Mr. MANN, Mr. OXLEY, Mr. PORTMAN, Ms. PRYCE of Ohio, Mr. SAWYER, Mr. STOKES, and Mr. TRAFICANT) introduced the following bill;

which was referred to the Committee on Post Office and Civil Service

A BILL

To establish a commission to assist in commemoration of

the 1st airplane flight by the Wright brothers.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Centennial of Flight

5 Commemoration Act’’.

6 SEC. 2. CONGRESSIONAL FINDINGS.

7 The Congress finds that—
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1 (1) December 17, 2003, is the 100th anniver2 sary of the 1st successful manned, controlled, heav3 ier-than-air, powered flight;

4 (2) the First Flight by Orville and Wilbur

5 Wright represents the fulfillment of the age-old

6 dream of flying;

7 (3) the airplane has dramatically changed the

8 course of transportation, commerce, communication,

9 and warfare throughout the world;

10 (4) the achievement by the Wright brothers was

11 a triumph of American ingenuity, inventiveness, and

12 diligence in developing new technologies, and re13 mains an inspiration for all Americans;

14 (5) it is appropriate to remember and renew the

15 legacy of the Wright brothers at a time when the

16 values of creativity and daring represented by the

17 Wright brothers are critical to the future of the Na18 tion; and

19 (6) as the Nation approaches the 100th anni20 versary of the First Flight, it is appropriate to cele21 brate and commemorate the anniversary through

22 local, national, and international observances and ac23 tivities.
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1 SEC. 3. ESTABLISHMENT.

2 There is established a commission to be known as the

3 Centennial of Flight Commission.

4 SEC. 4. MEMBERSHIP.

5 (a) NUMBER AND APPOINTMENT.—

6 (1) IN GENERAL.—The Commission shall be

7 composed of 25 members, as follows:

8 (A) The Librarian of Congress, or a des9 ignee.

10 (B) The Archivist of the United States, or

11 a designee.

12 (C) The Secretary of the Interior, or a des13 ignee.

14 (D) The Director of the National Air and

15 Space Museum, or a designee.

16 (E) The Secretary of Education, or a des17 ignee.

18 (F) The Secretary of Defense, or a des19 ignee.

20 (G) The Secretary of Transportation, or a

21 designee.

22 (H) The Governor of the State of North

23 Carolina, or a designee.

24 (I) The Governor of the State of Ohio, or

25 a designee.
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1 (J) The Executive Director of the 2003

2 Committee, or a designee.

3 (K) The President of the First Flight Soci4 ety, or a designee.

5 (L) The Mayor of Kill Devil Hills, North

6 Carolina.

7 (M) The Mayor of Dayton, Ohio.

8 (N) 12 citizens of the United States, ap9 pointed by the President, who are not officers

10 or employees of any government, except to the

11 extent that they are considered to be such offi12 cers or employees by virtue of their membership

13 on the Commission.

14 (2) APPOINTMENTS BY PRESIDENT.—Of the in15 dividuals referred to in paragraph (1)(N)—

16 (1) 2 shall be chosen from among persons

17 recommended by the majority leader of the Sen18 ate in consultation with the minority leader of

19 the Senate;

20 (2) 2 shall be chosen from among persons

21 recommended by the Speaker of the House of

22 Representatives in consultation with the minor23 ity leader of the House of Representatives; and

24 (3) 8 shall be chosen based on qualifica25 tions or experience in the field of history, aero-
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1 space science or industry, or any other profes2 sion that would enhance the work of the Com3 mission and assist in commemorating the ac4 complishments of the Wright brothers.

5 (b) TIME OF APPOINTMENT.—Each member of the

6 Commission shall be appointed not later than 90 days

7 after the date of the enactment of this Act.

8 (c) TERMS.—Each member of the Commission shall

9 be appointed for the life of the Commission.

10 (d) VACANCIES.—Any vacancy in the Commission

11 shall be filled in the same manner in which the original

12 appointment was made.

13 (e) COMPENSATION.—

14 (1) PROHIBITION OF PAY.—Except as provided

15 in paragraph (2), members of the Commission shall

16 serve without pay.

17 (2) TRAVEL EXPENSES.—Each member of the

18 Commission may receive travel expenses, including

19 per diem in lieu of subsistence, in accordance with

20 sections 5702 and 5703 of title 5, United States

21 Code.

22 (f) QUORUM.—13 members of the Commission shall

23 constitute a quorum.
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1 (g) CHAIRPERSON.—The President shall designate 1

2 of the individuals appointed under subsection (a)(1)(N) as

3 the chairperson of the Commission.

4 (h) MEETINGS.—The Commission shall meet at the

5 call of its chairperson or a majority of its members.

6 SEC. 5. DUTIES.

7 (a) IN GENERAL.—The Commission shall—

8 (1) plan and develop, in coordination with the

9 First Flight Society, the 2003 Committee, the First

10 Flight Centennial Commission of North Carolina,

11 and the Ohio Wright-Dunbar State Heritage Com12 mission, programs and activities that are appro13 priate to commemorate the 100th anniversary of the

14 First Flight;

15 (2) maintain a calendar or register of programs

16 and projects concerning, and provide a central clear17 inghouse for information and coordination regarding,

18 dates, events, places, documents, artifacts, and per19 sonalities of historical and commemorative signifi20 cance regarding aviation history in general and the

21 First Flight in particular;

22 (3) coordinate activities with other countries re23 garding aviation history in general and the First

24 Flight in particular, and promote participation by

25 the United States in such activities;
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1 (4) encourage participation in commemoration

2 of the First Flight by persons and entities includ3 ing—

4 (A) aerospace manufacturing companies;

5 (B) aerospace-related military organiza6 tions;

7 (C) workers employed in aerospace-related

8 industries;

9 (D) commercial aviation companies;

10 (E) general aviation owners and pilots;

11 (F) aerospace researchers, instructors, and

12 enthusiasts;

13 (G) elementary, secondary, and higher edu14 cational institutions;

15 (H) civil, patriotic, educational, sporting,

16 arts, cultural, and historical organizations and

17 technical societies;

18 (I) aerospace-related museums; and

19 (J) State and local governments;

20 (5) assist in conducting educational, civic, and

21 commemorative activities relating to the First Flight

22 throughout the United States, especially activities

23 that occur in the States of North Carolina and Ohio

24 and that highlight the activities of the Wright broth25 ers in such States; and
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1 (6) develop and coordinate any other activities

2 that the Commission determines to be appropriate

3 relating to the anniversary of the First Flight, which

4 may include the preparation, distribution, dissemina5 tion, exhibition, or sale of historical, commemorative,

6 or informative materials or objects, produced by the

7 Commission, that will contribute to public awareness

8 of and interest in the centennial of the First Flight.

9 (b) NONDUPLICATION OF ACTIVITIES.—The Com10 mission shall attempt to plan and conduct its activities

11 in such a manner that activities conducted pursuant to

12 this Act enhance, but do not duplicate, traditional and es13 tablished activities of the 2003 Committee, the First

14 Flight Society, the First Flight Centennial Commission of

15 North Carolina, and the Ohio Wright-Dunbar State Herit16 age Commission.

17 SEC. 6. POWERS.

18 (a) ADVISORY COMMITTEES.—

19 (1) IN GENERAL.—The Commission may ap20 point any advisory committee that it determines to

21 be necessary to carry out this Act.

22 (2) PROHIBITION OF PAY OTHER THAN TRAVEL

23 EXPENSES.—Members of an advisory committee au24 thorized by paragraph (1) may receive pay and trav25 el expenses to the same extent that members of the
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1 Commission may receive pay and travel expenses

2 under section (4)(e).

3 (b) POWERS OF MEMBERS AND AGENTS.—Any mem4 ber or agent of the Commission may, if authorized by the

5 Commission, take any action that the Commission is au6 thorized to take under this Act.

7 (c) AUTHORITY TO PROCURE AND TO MAKE LEGAL

8 AGREEMENTS.—

9 (1) IN GENERAL.—The Commission may pro10 cure supplies, services, and property, and make or

11 enter into leases and other legal agreements, in

12 order to carry out this Act.

13 (2) RESTRICTION.—A contract, lease, or other

14 legal agreement made or entered into by the Com15 mission may not extend beyond the date of the ter16 mination of the Commission.

17 (3) SUPPLIES AND PROPERTY POSSESSED BY

18 COMMISSION AT TERMINATION.—Any supplies and

19 property, except historically significant items, that

20 are acquired by the Commission under this Act and

21 remain in the possession of the Commission on the

22 date of the termination of the Commission shall be23 come the property of the General Services Adminis24 tration upon the date of the termination.
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1 (d) REQUESTS FOR OFFICIAL INFORMATION.—The

2 Commission may request from any Federal department or

3 agency information necessary to enable the Commission

4 to carry out this Act. The head of the Federal department

5 or agency shall furnish the information to the Commission

6 unless the release of the information by the department

7 or agency to the public is prohibited by law.

8 (e) MAILS.—The Commission may use the United

9 States mails in the same manner and under the same con10 ditions as any other Federal agency.

11 SEC. 7. STAFF AND SUPPORT SERVICES.

12 (a) EXECUTIVE DIRECTOR.—The chairperson of the

13 Commission, with the advice of the Commission, shall ap14 point an executive director of the Commission. The execu15 tive director may be paid at a rate not to exceed the maxi16 mum rate of basic pay payable for the Senior Executive

17 Service.

18 (b) STAFF.—The Commission may appoint and fix

19 the pay of any additional personnel that it considers ap20 propriate, except that an individual appointed under this

21 subsection may not receive pay in excess of the maximum

22 rate of basic pay payable for GS–14 of the General Sched23 ule.

24 (c) INAPPLICABILITY OF CERTAIN CIVIL SERVICE

25 LAWS.—The executive director and staff of the Commis-
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1 sion may be appointed without regard to the provisions

2 of title 5, United States Code, governing appointments in

3 the competitive service, and may be paid without regard

4 to the provisions of chapter 51 and subchapter III of chap5 ter 53 of such title, relating to classification and General

6 Schedule pay rates, except as provided in subsections (a)

7 and (b) of this section.

8 (d) STAFF OF FEDERAL AGENCIES.—Upon request

9 by the chairperson of the Commission, the head of any

10 Federal department or agency may detail, on a

11 nonreimbursable basis, any of the personnel of the depart12 ment or agency to the Commission to assist the Commis13 sion to carry out its duties under this Act.

14 (e) EXPERTS AND CONSULTANTS.—The chairperson

15 of the Commission may procure temporary and intermit16 tent services under section 3109(b) of title 5, United

17 States Code, at a rate that does not exceed the daily equiv18 alent of the annual rate of basic pay payable under Level

19 V of the Executive Schedule under section 5316 of such

20 title.

21 (f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad22 ministrator of General Services shall provide to the Com23 mission, on a reimbursable basis, any administrative sup24 port services that are necessary to enable the Commission

25 to carry out this Act.
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1 SEC. 8. CONTRIBUTIONS.

2 (a) DONATIONS.—

3 (1) IN GENERAL.—The Commission may accept

4 donations of money, personal services, and real or

5 personal property, including books, manuscripts,

6 memorabilia, relics, objects, and other materials that

7 are related to the Wright brothers or the history of

8 aviation.

9 (2) DONATED FUNDS.—Any funds donated to

10 the Commission may be used by the Commission to

11 carry out this Act. Funds donated to and accepted

12 by the Commission pursuant to this section shall not

13 be considered to be appropriated funds and shall not

14 be subject to any requirements or restrictions appli15 cable to appropriated funds.

16 (b) VOLUNTEER SERVICES.—Notwithstanding sec17 tion 1342 of title 31, United States Code, the Commission

18 may accept and use voluntary and uncompensated services

19 as the Commission determines necessary.

20 (c) REMAINING FUNDS.—Any donated funds remain21 ing to the Commission on the date of the termination of

22 the Commission may be used to ensure the proper disposi23 tion, as specified in the final report required by section

24 10(b), of historically significant property donated to or ac25 quired by the Commission. Any such donated funds re26 maining after such disposition shall be transferred to the
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1 Secretary of the Treasury for deposit into the general fund

2 of the Treasury of the United States.

3 SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,

4 SEALS, AND MARKS.

5 (a) IN GENERAL.—The Commission may devise any

6 logo, emblem, seal, or descriptive or designating mark that

7 is required to carry out its duties or that it determines

8 is appropriate for use in connection with the commemora9 tion of the First Flight. The Commission shall have the

10 sole and exclusive right to use, or to allow or refuse the

11 use of, the name ‘‘Centennial of Flight Commission’’ or

12 any logo, emblem, seal, or descriptive or designating mark

13 that the Commission lawfully adopts.

14 (b) EFFECT ON OTHER RIGHTS.—No provision of

15 this section may be construed to conflict or interfere with

16 established or vested rights.

17 SEC. 10. REPORTS.

18 (a) ANNUAL REPORT.—In each fiscal year in which

19 the Commission is in existence, the Commission shall pre20 pare and submit to the Congress a report describing the

21 activities of the Commission during the fiscal year. Each

22 annual report shall also include—

23 (1) recommendations regarding appropriate ac24 tivities to commemorate the centennial of the First

25 Flight, including—
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1 (A) the production, publication, and dis2 tribution of books, pamphlets, films, and other

3 educational materials;

4 (B) bibliographical and documentary

5 projects and publications;

6 (C) conferences, convocations, lectures,

7 seminars, and other similar programs;

8 (D) the development of exhibits for librar9 ies, museums, and other appropriate institu10 tions;

11 (E) ceremonies and celebrations commemo12 rating specific events that relate to the history

13 of aviation;

14 (F) programs focusing on the history of

15 aviation and its benefits to the United States

16 and humankind; and

17 (G) competitions, commissions, and awards

18 regarding historical, scholarly, artistic, literary,

19 musical, and other works, programs, and

20 projects related to the centennial of the First

21 Flight;

22 (2) recommendations to appropriate agencies or

23 advisory bodies regarding the issuance of commemo24 rative coins, medals, and stamps by the United

25 States relating to aviation or the First Flight;
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1 (3) recommendations for any legislation or ad2 ministrative action that the Commission determines

3 to be appropriate regarding the commemoration of

4 the First Flight; and

5 (4) an accounting of funds received and ex6 pended by the Commission in the fiscal year that the

7 report concerns, including a detailed description of

8 the source and amount of any funds donated to the

9 Commission in the fiscal year.

10 (b) FINAL REPORT.—Not later than June 30, 2004,

11 the Commission shall submit to the President and the

12 Congress a final report. The final report shall contain—

13 (1) a summary of the activities of the Commis14 sion;

15 (2) a final accounting of funds received and ex16 pended by the Commission;

17 (3) any findings and conclusions of the Com18 mission; and

19 (4) specific recommendations concerning the

20 final disposition of any historically significant items

21 acquired by the Commission, including items do22 nated to the Commission under section 8(a)(1).

23 SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

24 (a) IN GENERAL.—The Inspector General of the Gen25 eral Services Administration shall audit the financial
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1 transactions of the Commission, including financial trans2 actions involving donated funds, in accordance with gen3 erally accepted auditing standards. In conducting an audit

4 pursuant to this section, the Inspector General shall have

5 access to all books, accounts, financial records, reports,

6 files, and other papers, items, or property in use by the

7 Commission, as necessary to facilitate the audit, and shall

8 be afforded full facilities for verifying the financial trans9 actions of the Commission, including access to any finan10 cial records or securities held for the Commission by de11 positories, fiscal agents, or custodians.

12 (b) REPORT.—Not later than September 31, 2004,

13 the Inspector General of the General Services Administra14 tion shall submit to the President and to the Congress

15 a report detailing the results of any audit of the financial

16 transactions of the Commission conducted by the Inspec17 tor General.

18 SEC. 12. DEFINITIONS.

19 For purposes of this Act:

20 (1) The term ‘‘Commission’’ means the Centen21 nial of Flight Commission.

22 (2) The term ‘‘First Flight’’ means the 1st suc23 cessful manned, controlled, heavier-than-air, powered

24 flight, which was accomplished by Orville and Wilbur

25 Wright on December 17, 1903.
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1 SEC. 13. TERMINATION.

2 The Commission shall terminate not later than 60

3 days after the submission of the final report required by

4 section 10(b).

5 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated to carry out

7 this Act $500,000 for each of the fiscal years 1995

8 through 2004.

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