II

105TH CONGRESS

1ST SESSION S. 1397

To establish a commission to assist in commemoration of the centennial

of powered flight and the achievements of the Wright brothers.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 1997

Mr. HELMS (for himself, Mr. GLENN, Mr. DEWINE, and Mr. FAIRCLOTH) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

A BILL

To establish a commission to assist in commemoration of

the centennial of powered flight and the achievements

of 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. FINDINGS.

7 The Congress finds that—

8 (1) December 17, 2003, is the 100th anniver9 sary of the first successful manned, free, controlled,
2

•S 1397 IS

1 and sustained flight by a power-driven, heavier-than2 air machine;

3 (2) the first flight by Orville and Wilbur Wright

4 represents the fulfillment of the age-old dream of

5 flying;

6 (3) the airplane has dramatically changed the

7 course of transportation, commerce, communication,

8 and warfare throughout the world;

9 (4) the achievement by the Wright brothers

10 stands as a triumph of American ingenuity, inven11 tiveness, and diligence in developing new tech12 nologies, and remains an inspiration for all Ameri13 cans;

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 powered flight, it is appropriate to cele21 brate and commemorate the centennial year through

22 local, national, and international observances and ac23 tivities.
3

•S 1397 IS

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 21 members, as follows:

8 (A) The Secretary of the Interior, or a des9 ignee.

10 (B) The Director of the National Air and

11 Space Museum, or a designee.

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

14 (D) The Secretary of Transportation, or a

15 designee.

16 (E) The Administrator of the National

17 Aeronautics and Space Administration, or a

18 designee.

19 (F) Two representatives from the State of

20 North Carolina, including—

21 (i) the chairman of the First Flight

22 Centennial Commission, or a designee; and

23 (ii) the president of the First Flight

24 Centennial Foundation, or a designee.

25 (G) Two representatives from the State of

26 Ohio, including—
4

•S 1397 IS

1 (i) the Governor, or a designee; and

2 (ii) the chairman of the 2003 Com3 mittee, or a designee.

4 (H) Twelve citizens of the United States,

5 appointed by the President, who are not officers

6 or employees of any government, except to the

7 extent that they are considered to be such offi8 cers or employees by virtue of their membership

9 on the Commission.

10 (2) APPOINTMENTS BY PRESIDENT.—Of the in11 dividuals referred to in paragraph (1)(H)—

12 (A) two shall be chosen from among per13 sons recommended by the majority leader of the

14 Senate in consultation with the minority leader

15 of the Senate;

16 (B) two shall be chosen from among per17 sons recommended by the Speaker of the House

18 of Representatives in consultation with the mi19 nority leader of the House of Representatives.

20 Of the individuals referred to in this subpara21 graph, one shall be chosen from among individ22 uals recommended by the Representative whose

23 district encompasses the Wright Brothers Na24 tional Memorial, and one shall be chosen from

25 among individuals recommended by the Rep-
5

•S 1397 IS

1 resentatives whose districts encompass any part

2 of the Dayton Aviation Heritage National His3 torical Park; and

4 (C) eight shall be chosen based on quali5 fications or experience in the field of history,

6 aerospace science or industry, or any other pro7 fession that would enhance the work of the

8 Commission and assist in commemorating the

9 accomplishments of the Wright brothers.

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

11 Commission shall be appointed not later than 90 days

12 after the date of the enactment of this Act.

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

14 be appointed for the life of the Commission except for

15 those designees serving at the pleasure of a public office16 holder, whose terms shall expire contemporaneously with

17 the terms of the public official being represented.

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

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

20 appointment was made.

21 (e) COMPENSATION.—

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

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

24 serve without pay.
6

•S 1397 IS

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

2 Commission may receive travel expenses, including

3 per diem in lieu of subsistence, in accordance with

4 sections 5702 and 5703 of title 5, United States

5 Code, except that those members who are Federal

6 employees shall not receive travel expenses if other7 wise reimbursed by the Federal Government.

8 (f) QUORUM.—Eleven members of the Commission

9 shall constitute a quorum.

10 (g) CHAIRPERSON.—The President shall designate

11 one of the individuals appointed under subsection

12 (a)(1)(H) as the chairperson of the Commission.

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

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

15 SEC. 5. DUTIES.

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

17 (1) represent the United States and take a

18 leadership role with other countries in recognizing

19 the importance of aviation history in general and the

20 centennial of powered flight in particular, and pro21 mote participation by the United States in such ac22 tivities;

23 (2) encourage and promote national and inter24 national participation and sponsorships in com-
7

•S 1397 IS

1 memoration of the centennial of powered flight by

2 persons and entities such as—

3 (A) aerospace manufacturing companies;

4 (B) aerospace-related military organiza5 tions;

6 (C) workers employed in aerospace-related

7 industries;

8 (D) commercial aviation companies;

9 (E) general aviation owners and pilots;

10 (F) aerospace researchers, instructors, and

11 enthusiasts;

12 (G) elementary, secondary, and higher edu13 cational institutions;

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

15 arts, cultural, and historical organizations and

16 technical societies;

17 (I) aerospace-related museums; and

18 (J) State and local governments;

19 (3) plan and develop, in coordination with the

20 First Flight Centennial Commission, the First

21 Flight Centennial Foundation of North Carolina,

22 and the 2003 Committee of Ohio, programs and ac23 tivities that are appropriate to commemorate the

24 100th anniversary of powered flight;
8

•S 1397 IS

1 (4) maintain, publish, and distribute a calendar

2 or register of national and international programs

3 and projects concerning, and provide a central clear4 inghouse for information and coordination regarding,

5 dates, events, and places of historical and commemo6 rative significance regarding aviation history in gen7 eral and the centennial of powered flight in particu8 lar;

9 (5) provide national coordination for celebration

10 dates to take place throughout the United States

11 during the centennial year;

12 (6) assist in conducting educational, civic, and

13 commemorative activities relating to the centennial

14 of powered flight throughout the United States, es15 pecially activities that occur in the States of North

16 Carolina and Ohio and that highlight the activities

17 of the Wright brothers in such States; and

18 (7) plan, develop, and coordinate any other ac19 tivities that the Commission determines, subject to

20 the approval of the First Flight Centennial Commis21 sion, the First Flight Centennial Foundation of

22 North Carolina, and the 2003 Committee of Ohio, to

23 be appropriate relating to the anniversary of the

24 centennial of powered flight, which may include the

25 preparation, distribution, dissemination, exhibition,
9

•S 1397 IS

1 or sale of historical, commemorative, or informative

2 materials or objects, that will contribute to public

3 awareness of and interest in the centennial of pow4 ered flight.

5 (b) NONDUPLICATION OF ACTIVITIES.—The Com6 mission shall attempt to plan and conduct its activities

7 in such a manner that activities conducted pursuant to

8 this Act enhance, but do not duplicate, traditional and es9 tablished activities of Ohio’s 2003 Committee, North

10 Carolina’s First Flight Centennial Commission, and the

11 First Flight Centennial Foundation, except with the con12 sent of such entities.

13 SEC. 6. POWERS.

14 (a) ADVISORY COMMITTEES AND TASK FORCES.—

15 (1) IN GENERAL.—The Commission may ap16 point any advisory committee or task force that it

17 determines to be necessary to carry out this Act.

18 (2) FEDERAL COOPERATION.—To ensure the

19 overall success of the Commission’s efforts, the Com20 mission may call upon various Federal departments

21 and agencies to assist in and give support to pro22 grams of the Commission. Where appropriate, all

23 Federal departments and agencies shall provide any

24 assistance possible.
10

•S 1397 IS

1 (3) PROHIBITION OF PAY OTHER THAN TRAVEL

2 EXPENSES.—Members of an advisory committee or

3 task force authorized by paragraph (1) shall not re4 ceive pay, but may receive travel expenses to the

5 same extent that members of the Commission may

6 receive travel expenses under section 4(e).

7 (b) POWERS OF MEMBERS AND AGENTS.—Any mem8 ber or agent of the Commission may, if authorized by the

9 Commission, take any action that the Commission is au10 thorized to take under this Act.

11 (c) AUTHORITY TO PROCURE AND TO MAKE LEGAL

12 AGREEMENTS.—

13 (1) IN GENERAL.—The Commission may pro14 cure supplies, services, and property, and make or

15 enter into leases and other legal agreements in order

16 to carry out this Act.

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

18 legal agreement made or entered into by the Com19 mission may not extend beyond the date of the ter20 mination of the Commission.

21 (3) SUPPLIES AND PROPERTY POSSESSED BY

22 COMMISSION AT TERMINATION.—Any supplies and

23 property, except historically significant items, that

24 are acquired by the Commission under this Act and

25 remain in the possession of the Commission on the
11

•S 1397 IS

1 date of the termination of the Commission shall be2 come the property of the General Services Adminis3 tration upon the date of the termination.

4 (d) REQUESTS FOR OFFICIAL INFORMATION.—The

5 Commission may request from any Federal department or

6 agency information necessary to enable the Commission

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

8 or agency shall furnish the information to the Commission

9 unless the release of the information by the department

10 or agency to the public is prohibited by law.

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

12 States mails in the same manner and under the same con13 ditions as any other Federal agency.

14 SEC. 7. STAFF AND SUPPORT SERVICES.

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

16 Commission, with the advice of the Commission, shall ap17 point an executive director of the Commission. The execu18 tive director may be paid at a rate not to exceed the maxi19 mum rate of basic pay payable for the Senior Executive

20 Service.

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

22 the pay of any additional personnel that it considers ap23 propriate, except that an individual appointed under this

24 subsection may not receive pay in excess of the maximum
12

•S 1397 IS

1 rate of basic pay payable for GS–14 of the General Sched2 ule.

3 (c) INAPPLICABILITY OF CERTAIN CIVIL SERVICE

4 LAWS.—The executive director and staff of the Commis5 sion may be appointed without regard to the provisions

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

7 the competitive service, and may be paid without regard

8 to the provisions of chapter 51 and subchapter III of chap9 ter 53 of such title, relating to classification and General

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

11 and (b) of this section.

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

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

14 Federal department or agency may detail, on a non15 reimbursable basis, any of the personnel of the department

16 or agency to the Commission to assist the Commission to

17 carry out its duties under this Act.

18 (e) EXPERTS AND CONSULTANTS.—The chairperson

19 of the Commission may procure temporary and intermit20 tent services under section 3109(b) of title 5, United

21 States Code, at a rate that does not exceed the daily equiv22 alent of the annual rate of basic pay payable under level

23 V of the Executive Schedule under section 5316 of such

24 title.
13

•S 1397 IS

1 (f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad2 ministrator of General Services shall provide to the Com3 mission, on a reimbursable basis, any administrative sup4 port services that are necessary to enable the Commission

5 to carry out this Act.

6 SEC. 8. CONTRIBUTIONS.

7 (a) DONATIONS.—

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

9 donations of money, personal service, and historic

10 materials relating to the Wright brothers or the his11 tory of aviation.

12 (2) DONATED FUNDS AND SALES.—Any funds

13 donated to the Commission or revenues from direct

14 sales shall be used by the Commission to carry out

15 this Act. Funds donated to and accepted by the

16 Commission pursuant to this section shall not be

17 considered to be appropriated funds and shall not be

18 subject to any requirements or restrictions applicable

19 to appropriated funds.

20 (3) FUNDRAISING.—Any fundraising under21 taken by the Commission shall be done in coordina22 tion with fundraising undertaken at the State level,

23 and with the prior approval of the First Flight Cen24 tennial Commission, the First Flight Centennial
14

•S 1397 IS

1 Foundation of North Carolina, and the 2003 Com2 mittee of Ohio.

3 (b) VOLUNTEER SERVICES.—Notwithstanding sec4 tion 1342 of title 31, United States Code, the Commission

5 may accept and use voluntary and uncompensated services

6 as the Commission determines necessary.

7 (c) REMAINING FUNDS.—Any donated funds remain8 ing to the Commission on the date of the termination of

9 the Commission may be used to ensure proper disposition,

10 as specified in the final report required by section 10(b),

11 of historically significant property which was donated to

12 or acquired by the Commission. Any donated funds re13 maining after such disposition shall be transferred to the

14 Secretary of the Treasury for deposit into the general fund

15 of the Treasury of the United States.

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

17 SEALS, AND MARKS.

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

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

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

21 is appropriate for use in connection with the commemora22 tion of the centennial of powered flight.

23 (b) LICENSING.—

24 (1) EXCLUSIVE RIGHT TO USE.—The Commis25 sion shall have the sole and exclusive right to use,
15

•S 1397 IS

1 or to allow or refuse the use of, the name ‘‘Centen2 nial of Flight Commission’’ on any logo, emblem,

3 seal, or descriptive or designating mark that the

4 Commission lawfully adopts.

5 (2) ROYALTIES.—Licensing royalties shall be

6 used first to offset operating costs of the Commis7 sion and any royalties remaining above and beyond

8 the operating costs of the Commission shall be dis9 tributed equally to the First Flight Centennial

10 Foundation of North Carolina and the 2003 Com11 mittee of Ohio to offset costs associated with the

12 celebration of the centennial of powered flight.

13 (c) EFFECT ON OTHER RIGHTS.—No provision of

14 this section may be construed to conflict or interfere with

15 established or vested rights.

16 SEC. 10. REPORTS.

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

18 the Commission is in existence, the Commission shall pre19 pare and submit to the Congress a report describing the

20 activities of the Commission during the fiscal year. Each

21 annual report should also include—

22 (1) recommendations regarding appropriate ac23 tivities to commemorate the centennial of powered

24 flight, including—
16

•S 1397 IS

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 powered

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
17

•S 1397 IS

1 States relating to aviation or the centennial of pow2 ered flight;

3 (3) recommendations for any legislation or ad4 ministrative action that the Commission determines

5 to be appropriate regarding the commemoration of

6 the centennial of powered flight; and

7 (4) an accounting of funds received and ex8 pended by the Commission in the fiscal year that the

9 report concerns, including a detailed description of

10 the source and amount of any funds donated to the

11 Commission in the fiscal year.

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

13 the Commission shall submit to the President and the

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

15 (1) a summary of the activities of the Commis16 sion;

17 (2) a final accounting of funds received and ex18 pended by the Commission;

19 (3) any findings and conclusions of the Com20 mission; and

21 (4) specific recommendations concerning the

22 final disposition of any historically significant items

23 acquired by the Commission, including items do24 nated to the Commission under section 8(a)(1).
18

•S 1397 IS

1 SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

2 (a) IN GENERAL.—The Inspector General of the Gen3 eral Services Administration shall audit the financial

4 transactions of the Commission, including financial trans5 actions involving donated funds, in accordance with gen6 erally accepted auditing standards. In conducting an audit

7 pursuant to this section, the Inspector General shall have

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

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

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

11 be afforded full facilities for verifying the financial trans12 actions of the Commission, including access to any finan13 cial records or securities held for the Commission by de14 positories, fiscal agents, or custodians.

15 (b) REPORT.—Not later than September 30, 2004,

16 the Inspector General of the General Services Administra17 tion shall submit to the President and to the Congress

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

19 transactions of the Commission conducted by the Inspec20 tor General.

21 SEC. 12. DEFINITIONS.

22 In this Act:

23 (1) CENTENNIAL OF POWERED FLIGHT.—The

24 term ‘‘centennial of powered flight’’ means the anni25 versary year, from December 2002 to December

26 2003, commemorating the 100-year history of avia-
19

•S 1397 IS

1 tion beginning with the First Flight and highlighting

2 the achievements of the Wright brothers in develop3 ing the technologies which have led to the develop4 ment of aviation as it is known today.

5 (2) COMMISSION.—The term ‘‘Commission’’

6 means the Centennial of Flight Commission.

7 (3) FIRST FLIGHT.—The term ‘‘First Flight’’

8 means the first four successful manned, free, con9 trolled, and sustained flights by a power-driven,

10 heavier-than-air machine, which were accomplished

11 by Orville and Wilbur Wright on December 17,

12 1903.

13 SEC. 13. TERMINATION.

14 The Commission shall terminate not later than 60

15 days after the submission of the final report required by

16 section 10(b).

17 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

18 There is authorized to be appropriated to carry out

19 this Act $250,000 for each of the fiscal years 1998

20 through 2004.

Æ