I
105TH CONGRESS
1ST SESSION
H. R. 2305
To establish a commission to assist in commemoration of the centennial
of powered flight and the achievements of the Wright brothers.
IN THE HOUSE OF REPRESENTATIVES
JULY 30, 1997
Mr. HALL of Ohio (for himself and Mr. JONES) introduced the following bill;
which was referred to the Committee on Government Reform and Oversight
A BILL
To establish a commission to assist in commemoration of
the centennial of powered flight and the achievements
of the Wright brothers.
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 ‘‘Centennial of Flight
Commemoration Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) December 17, 2003, is the 100th anniver-
sary of the first successful manned, free, controlled,
and sustained flight by a power-driven, heavier-than-
air machine;
(2) the first flight by Orville and Wilbur Wright
represents the fulfillment of the age-old dream of
flying;
(3) the airplane has dramatically changed the
course of transportation, commerce, communication,
and warfare throughout the world;
(4) the achievement by the Wright brothers
stands as a triumph of American ingenuity, inven-
tiveness, and diligence in developing new tech-
nologies, and remains an inspiration for all Ameri-
cans;
(5) it is appropriate to remember and renew the
legacy of the Wright brothers at a time when the
values of creativity and daring represented by the
Wright brothers are critical to the future of the Na-
tion; and
(6) as the Nation approaches the 100th anni-
versary of powered flight, it is appropriate to cele-
brate and commemorate the centennial year through
local, national, and international observances and ac-
tivities.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the
Centennial of Flight Commission.
SEC. 4. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—
(1) IN
GENERAL.—The Commission shall be
composed of 21 members, as follows:
(A) The Secretary of the Interior, or a des-
ignee.
(B) The Director of the National Air and
Space Museum, or a designee.
(C) The Secretary of Defense, or a des-
ignee.
(D) The Secretary of Transportation, or a
designee.
(E) The Administrator of the National
Aeronautics and Space Administration, or a
designee.
(F) Two representatives from the State of
North Carolina, including—
(i) the chairman of the First Flight
Centennial Commission, or a designee; and
(ii) the president of the First Flight
Centennial Foundation, or a designee.
(G) Two representatives from the State of
Ohio, including—
(i) the Governor, or a designee; and
(ii) the chairman of the 2003 Com-
mittee, or a designee.
(H) Twelve citizens of the United States,
appointed by the President, who are not officers
or employees of any government, except to the
extent that they are considered to be such offi-
cers or employees by virtue of their membership
on the Commission.
(2) APPOINTMENTS BY PRESIDENT.—Of the in-
dividuals referred to in paragraph (1)(H)—
(A) two shall be chosen from among per-
sons recommended by the majority leader of the
Senate in consultation with the minority leader
of the Senate;
(B) two shall be chosen from among per-
sons recommended by the Speaker of the House
of Representatives in consultation with the mi-
nority leader of the House of Representatives.
Of the individuals referred to in this subpara-
graph, one shall be chosen from among individ-
uals recommended by the Representative whose
district encompasses the Wright Brothers Na-
tional Memorial, and one shall be chosen from
among individuals recommended by the Rep-
resentatives whose districts encompass any part
of the Dayton Aviation Heritage National His-
torical Park; and
(C) eight shall be chosen based on quali-
fications or experience in the field of history,
aerospace science or industry, or any other pro-
fession that would enhance the work of the
Commission and assist in commemorating the
accomplishments of the Wright brothers.
(b) TIME OF APPOINTMENT.—Each member of the
Commission shall be appointed not later than 90 days
after the date of the enactment of this Act.
(c) TERMS.—Each member of the Commission shall
be appointed for the life of the Commission except for
those designees serving at the pleasure of a public office-
holder, whose terms shall expire contemporaneously with
the terms of the public official being represented.
(d) VACANCIES.—Any vacancy in the Commission
shall be filled in the same manner in which the original
appointment was made.
(e) COMPENSATION.—
(1) PROHIBITION OF PAY.—Except as provided
in paragraph (2), members of the Commission shall
serve without pay.
(2) TRAVEL EXPENSES.—Each member of the
Commission may receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States
Code, except that those members who are Federal
employees shall not receive travel expenses if other-
wise reimbursed by the Federal Government.
(f) QUORUM.—Eleven members of the Commission
shall constitute a quorum.
(g) CHAIRPERSON.—The President shall designate
one of the individuals appointed under subsection
(a)(1)(H) as the chairperson of the Commission.
(h) MEETINGS.—The Commission shall meet at the
call of its chairperson or a majority of its members.
SEC. 5. DUTIES.
(a) IN GENERAL.—The Commission shall—
(1) represent the United States and take a
leadership role with other countries in recognizing
the importance of aviation history in general and the
centennial of powered flight in particular, and pro-
mote participation by the United States in such ac-
tivities;
(2) encourage and promote national and inter-
national participation and sponsorships in com-
memoration of the centennial of powered flight by
persons and entities such as—
(A) aerospace manufacturing companies;
(B) aerospace-related military organiza-
tions;
(C) workers employed in aerospace-related
industries;
(D) commercial aviation companies;
(E) general aviation owners and pilots;
(F) aerospace researchers, instructors, and
enthusiasts;
(G) elementary, secondary, and higher edu-
cational institutions;
(H) civil, patriotic, educational, sporting,
arts, cultural, and historical organizations and
technical societies;
(I) aerospace-related museums; and
(J) State and local governments;
(3) plan and develop, in coordination with the
First Flight Centennial Commission, the First
Flight Centennial Foundation of North Carolina,
and the 2003 Committee of Ohio, programs and ac-
tivities that are appropriate to commemorate the
100th anniversary of powered flight;
(4) maintain, publish, and distribute a calendar
or register of national and international programs
and projects concerning, and provide a central clear-
inghouse for information and coordination regarding,
dates, events, and places of historical and commemo-
rative significance regarding aviation history in gen-
eral and the centennial of powered flight in particu-
lar;
(5) provide national coordination for celebration
dates to take place throughout the United States
during the centennial year;
(6) assist in conducting educational, civic, and
commemorative activities relating to the centennial
of powered flight throughout the United States, es-
pecially activities that occur in the States of North
Carolina and Ohio and that highlight the activities
of the Wright brothers in such States; and
(7) plan, develop, and coordinate any other ac-
tivities that the Commission determines, subject to
the approval of the First Flight Centennial Commis-
sion, the First Flight Centennial Foundation of
North Carolina, and the 2003 Committee of Ohio, to
be appropriate relating to the anniversary of the
centennial of powered flight, which may include the
preparation, distribution, dissemination, exhibition,
or sale of historical, commemorative, or informative
materials or objects, that will contribute to public
awareness of and interest in the centennial of pow-
ered flight.
(b) NONDUPLICATION
OF ACTIVITIES.—The Com-
mission shall attempt to plan and conduct its activities
in such a manner that activities conducted pursuant to
this Act enhance, but do not duplicate, traditional and es-
tablished activities of Ohio’s 2003 Committee, North
Carolina’s First Flight Centennial Commission, and the
First Flight Centennial Foundation, except with the con-
sent of such entities.
SEC. 6. POWERS.
(a) ADVISORY COMMITTEES AND TASK FORCES.—
(1) IN
GENERAL.—The Commission may ap-
point any advisory committee or task force that it
determines to be necessary to carry out this Act.
(2) FEDERAL
COOPERATION.—To ensure the
overall success of the Commission’s efforts, the Com-
mission may call upon various Federal departments
and agencies to assist in and give support to pro-
grams of the Commission. Where appropriate, all
Federal departments and agencies shall provide any
assistance possible.
(3) PROHIBITION OF PAY OTHER THAN TRAVEL
EXPENSES.—Members of an advisory committee or
task force authorized by paragraph (1) shall not re-
ceive pay, but may receive travel expenses to the
same extent that members of the Commission may
receive travel expenses under section 4(e).
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action that the Commission is au-
thorized to take under this Act.
(c) AUTHORITY TO PROCURE AND TO MAKE LEGAL
AGREEMENTS.—
(1) IN GENERAL.—The Commission may pro-
cure supplies, services, and property, and make or
enter into leases and other legal agreements in order
to carry out this Act.
(2) RESTRICTION.—A contract, lease, or other
legal agreement made or entered into by the Com-
mission may not extend beyond the date of the ter-
mination of the Commission.
(3) SUPPLIES AND PROPERTY POSSESSED BY
COMMISSION AT TERMINATION.—Any supplies and
property, except historically significant items, that
are acquired by the Commission under this Act and
remain in the possession of the Commission on the
date of the termination of the Commission shall be-
come the property of the General Services Adminis-
tration upon the date of the termination.
(d) REQUESTS FOR OFFICIAL INFORMATION.—The
Commission may request from any Federal department or
agency information necessary to enable the Commission
to carry out this Act. The head of the Federal department
or agency shall furnish the information to the Commission
unless the release of the information by the department
or agency to the public is prohibited by law.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as any other Federal agency.
SEC. 7. STAFF AND SUPPORT SERVICES.
(a) EXECUTIVE DIRECTOR.—The chairperson of the
Commission, with the advice of the Commission, shall ap-
point an executive director of the Commission. The execu-
tive director may be paid at a rate not to exceed the maxi-
mum rate of basic pay payable for the Senior Executive
Service.
(b) STAFF.—The Commission may appoint and fix
the pay of any additional personnel that it considers ap-
propriate, except that an individual appointed under this
subsection may not receive pay in excess of the maximum
rate of basic pay payable for GS–14 of the General Sched-
ule.
(c) INAPPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The executive director and staff of the Commis-
sion 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 chapter 51 and subchapter III of chap-
ter 53 of such title, relating to classification and General
Schedule pay rates, except as provided in subsections (a)
and (b) of this section.
(d) STAFF OF FEDERAL AGENCIES.—Upon request
by the chairperson of the Commission, the head of any
Federal department or agency may detail, on a non-
reimbursable basis, any of the personnel of the department
or agency to the Commission to assist the Commission to
carry out its duties under this Act.
(e) EXPERTS AND CONSULTANTS.—The chairperson
of the Commission may procure temporary and intermit-
tent services under section 3109(b) of title 5, United
States Code, at a rate that does not exceed the daily equiv-
alent of the annual rate of basic pay payable under level
V of the Executive Schedule under section 5316 of such
title.
(f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad-
ministrator of General Services shall provide to the Com-
mission, on a reimbursable basis, any administrative sup-
port services that are necessary to enable the Commission
to carry out this Act.
SEC. 8. CONTRIBUTIONS.
(a) DONATIONS.—
(1) IN GENERAL.—The Commission may accept
donations of money, personal service, and historic
materials relating to the Wright brothers or the his-
tory of aviation.
(2) DONATED FUNDS AND SALES.—Any funds
donated to the Commission or revenues from direct
sales shall be used by the Commission to carry out
this Act. Funds donated to and accepted by the
Commission pursuant to this section shall not be
considered to be appropriated funds and shall not be
subject to any requirements or restrictions applicable
to appropriated funds.
(3) FUNDRAISING.—Any fundraising under-
taken by the Commission shall be done in coordina-
tion with fundraising undertaken at the State level,
and with the prior approval of the First Flight Cen-
tennial Commission, the First Flight Centennial
Foundation of North Carolina, and the 2003 Com-
mittee of Ohio.
(b) VOLUNTEER SERVICES.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services
as the Commission determines necessary.
(c) REMAINING FUNDS.—Any donated funds remain-
ing to the Commission on the date of the termination of
the Commission may be used to ensure proper disposition,
as specified in the final report required by section 10(b),
of historically significant property which was donated to
or acquired by the Commission. Any donated funds re-
maining after such disposition shall be transferred to the
Secretary of the Treasury for deposit into the general fund
of the Treasury of the United States.
SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,
SEALS, AND MARKS.
(a) IN GENERAL.—The Commission may devise any
logo, emblem, seal, or descriptive or designating mark that
is required to carry out its duties or that it determines
is appropriate for use in connection with the commemora-
tion of the centennial of powered flight.
(b) LICENSING.—The Commission shall have the sole
and exclusive right to use, or to allow or refuse the use
of, the name ‘‘Centennial of Flight Commission’’ on any
logo, emblem, seal, or descriptive or designating mark that
the Commission lawfully adopts.
(1) Licensing royalties shall be used first to off-
set operating costs of the Commission.
(2) Any royalties remaining above and beyond
the operating costs of the Commission shall be dis-
tributed equally to the First Flight Centennial
Foundation of North Carolina and the 2003 Com-
mittee of Ohio to offset costs associated with the
celebration of the centennial of powered flight.
(c) EFFECT ON OTHER RIGHTS.—No provision of
this section may be construed to conflict or interfere with
established or vested rights.
SEC. 10. REPORTS.
(a) ANNUAL REPORT.—In each fiscal year in which
the Commission is in existence, the Commission shall pre-
pare and submit to the Congress a report describing the
activities of the Commission during the fiscal year. Each
annual report should also include—
(1) recommendations regarding appropriate ac-
tivities to commemorate the centennial of powered
flight, including—
(A) the production, publication, and dis-
tribution of books, pamphlets, films, and other
educational materials;
(B) 
bibliographical 
and 
documentary
projects and publications;
(C) conferences, convocations, lectures,
seminars, and other similar programs;
(D) the development of exhibits for librar-
ies, museums, and other appropriate institu-
tions;
(E) ceremonies and celebrations commemo-
rating specific events that relate to the history
of aviation;
(F) programs focusing on the history of
aviation and its benefits to the United States
and humankind; and
(G) competitions, commissions, and awards
regarding historical, scholarly, artistic, literary,
musical, and other works, programs, and
projects related to the centennial of powered
flight;
(2) recommendations to appropriate agencies or
advisory bodies regarding the issuance of commemo-
rative coins, medals, and stamps by the United
States relating to aviation or the centennial of pow-
ered flight;
(3) recommendations for any legislation or ad-
ministrative action that the Commission determines
to be appropriate regarding the commemoration of
the centennial of powered flight; and
(4) an accounting of funds received and ex-
pended by the Commission in the fiscal year that the
report concerns, including a detailed description of
the source and amount of any funds donated to the
Commission in the fiscal year.
(b) FINAL REPORT.—Not later than June 30, 2004,
the Commission shall submit to the President and the
Congress a final report. The final report shall contain—
(1) a summary of the activities of the Commis-
sion;
(2) a final accounting of funds received and ex-
pended by the Commission;
(3) any findings and conclusions of the Com-
mission; and
(4) specific recommendations concerning the
final disposition of any historically significant items
acquired by the Commission, including items do-
nated to the Commission under section 8(a)(1).
SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.
(a) IN GENERAL.—The Inspector General of the Gen-
eral Services Administration shall audit the financial
transactions of the Commission, including financial trans-
actions involving donated funds, in accordance with gen-
erally accepted auditing standards. In conducting an audit
pursuant to this section, the Inspector General shall have
access to all books, accounts, financial records, reports,
files, and other papers, items, or property in use by the
Commission, as necessary to facilitate the audit, and shall
be afforded full facilities for verifying the financial trans-
actions of the Commission, including access to any finan-
cial records or securities held for the Commission by de-
positories, fiscal agents, or custodians.
(b) REPORT.—Not later than September 30, 2004,
the Inspector General of the General Services Administra-
tion shall submit to the President and to the Congress
a report detailing the results of any audit of the financial
transactions of the Commission conducted by the Inspec-
tor General.
SEC. 12. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Commission’’ means the Centen-
nial of Flight Commission.
(2) The term ‘‘First Flight’’ means the first
four successful manned, free, controlled, and sus-
tained flights by a power-driven, heavier-than-air
machine, which were accomplished by Orville and
Wilbur Wright on December 17, 1903.
(3) The term ‘‘centennial of powered flight’’
means the anniversary year, from December 2002 to
December 2003, commemorating the 100-year his-
tory of aviation beginning with the First Flight and
highlighting the achievements of the Wright brothers
in developing the technologies which have led to the
development of aviation as it is known today.
SEC. 13. TERMINATION.
The Commission shall terminate not later than 60
days after the submission of the final report required by
section 10(b).
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this Act $250,000 for each of the fiscal years 1998
through 2004.
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