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. CLAY-
TON, 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. SAW-
YER, 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.
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. CONGRESSIONAL FINDINGS.
The Congress finds that—
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 25 members, as follows:
(A) The Librarian of Congress, or a des-
ignee.
(B) The Archivist of the United States, or
a designee.
(C) The Secretary of the Interior, or a des-
ignee.
(D) The Director of the National Air and
Space Museum, or a designee.
(E) The Secretary of Education, or a des-
ignee.
(F) The Secretary of Defense, or a des-
ignee.
(G) The Secretary of Transportation, or a
designee.
(H) The Governor of the State of North
Carolina, or a designee.
(I) The Governor of the State of Ohio, or
a designee.
(J) The Executive Director of the 2003
Committee, or a designee.
(K) The President of the First Flight Soci-
ety, or a designee.
(L) The Mayor of Kill Devil Hills, North
Carolina.
(M) The Mayor of Dayton, Ohio.
(N) 12 citizens of the United States, ap-
pointed 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)(N)—
(1) 2 shall be chosen from among persons
recommended by the majority leader of the Sen-
ate in consultation with the minority leader of
the Senate;
(2) 2 shall be chosen from among persons
recommended by the Speaker of the House of
Representatives in consultation with the minor-
ity leader of the House of Representatives; and
(3) 8 shall be chosen based on qualifica-
tions or experience in the field of history, aero-
space science or industry, or any other profes-
sion that would enhance the work of the Com-
mission and assist in commemorating the ac-
complishments 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.
(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.
(f) QUORUM.—13 members of the Commission shall
constitute a quorum.
(g) CHAIRPERSON.—The President shall designate 1
of the individuals appointed under subsection (a)(1)(N) 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) plan and develop, in coordination with the
First Flight Society, the 2003 Committee, the First
Flight Centennial Commission of North Carolina,
and the Ohio Wright-Dunbar State Heritage Com-
mission, programs and activities that are appro-
priate to commemorate the 100th anniversary of the
First Flight;
(2) maintain a calendar or register of programs
and projects concerning, and provide a central clear-
inghouse for information and coordination regarding,
dates, events, places, documents, artifacts, and per-
sonalities of historical and commemorative signifi-
cance regarding aviation history in general and the
First Flight in particular;
(3) coordinate activities with other countries re-
garding aviation history in general and the First
Flight in particular, and promote participation by
the United States in such activities;
(4) encourage participation in commemoration
of the First Flight by persons and entities includ-
ing—
(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;
(5) assist in conducting educational, civic, and
commemorative activities relating to the First Flight
throughout the United States, especially activities
that occur in the States of North Carolina and Ohio
and that highlight the activities of the Wright broth-
ers in such States; and
(6) develop and coordinate any other activities
that the Commission determines to be appropriate
relating to the anniversary of the First Flight, which
may include the preparation, distribution, dissemina-
tion, exhibition, or sale of historical, commemorative,
or informative materials or objects, produced by the
Commission, that will contribute to public awareness
of and interest in the centennial of the First 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 the 2003 Committee, the First
Flight Society, the First Flight Centennial Commission of
North Carolina, and the Ohio Wright-Dunbar State Herit-
age Commission.
SEC. 6. POWERS.
(a) ADVISORY COMMITTEES.—
(1) IN
GENERAL.—The Commission may ap-
point any advisory committee that it determines to
be necessary to carry out this Act.
(2) PROHIBITION OF PAY OTHER THAN TRAVEL
EXPENSES.—Members of an advisory committee au-
thorized by paragraph (1) may receive pay and trav-
el expenses to the same extent that members of the
Commission may receive pay and 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
nonreimbursable basis, any of the personnel of the depart-
ment or agency to the Commission to assist the Commis-
sion 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 services, and real or
personal property, including books, manuscripts,
memorabilia, relics, objects, and other materials that
are related to the Wright brothers or the history of
aviation.
(2) DONATED FUNDS.—Any funds donated to
the Commission may 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 appli-
cable to appropriated funds.
(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 the proper disposi-
tion, as specified in the final report required by section
10(b), of historically significant property donated to or ac-
quired by the Commission. Any such 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 First Flight. 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’’ or
any logo, emblem, seal, or descriptive or designating mark
that the Commission lawfully adopts.
(b) 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 shall also include—
(1) recommendations regarding appropriate ac-
tivities to commemorate the centennial of the First
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 the First
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 First Flight;
(3) recommendations for any legislation or ad-
ministrative action that the Commission determines
to be appropriate regarding the commemoration of
the First 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