[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5077 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives 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--
            (1) December 17, 2003, is the 100th anniversary of the 1st 
        successful manned, controlled, heavier-than-air, powered 
        flight;
            (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 was a triumph of 
        American ingenuity, inventiveness, and diligence in developing 
        new technologies, and remains an inspiration for all Americans;
            (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 Nation; and
            (6) as the Nation approaches the 100th anniversary of the 
        First Flight, it is appropriate to celebrate and commemorate 
        the anniversary through local, national, and international 
        observances and activities.

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 designee.
                    (B) The Archivist of the United States, or a 
                designee.
                    (C) The Secretary of the Interior, or a designee.
                    (D) The Director of the National Air and Space 
                Museum, or a designee.
                    (E) The Secretary of Education, or a designee.
                    (F) The Secretary of Defense, or a designee.
                    (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 Society, 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, appointed by 
                the President, who are not officers or employees of any 
                government, except to the extent that they are 
                considered to be such officers or employees by virtue 
                of their membership on the Commission.
            (2) Appointments by president.--Of the individuals referred 
        to in paragraph (1)(N)--
                    (1) 2 shall be chosen from among persons 
                recommended by the majority leader of the Senate 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 minority 
                leader of the House of Representatives; and
                    (3) 8 shall be chosen based on qualifications or 
                experience in the field of history, aerospace science 
                or industry, or any other profession 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.
    (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 Commission, programs and activities that are 
        appropriate to commemorate the 100th anniversary of the First 
        Flight;
            (2) maintain a calendar or register of programs and 
        projects concerning, and provide a central clearinghouse for 
        information and coordination regarding, dates, events, places, 
        documents, artifacts, and personalities of historical and 
        commemorative significance regarding aviation history in 
        general and the First Flight in particular;
            (3) coordinate activities with other countries regarding 
        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 including--
                    (A) aerospace manufacturing companies;
                    (B) aerospace-related military organizations;
                    (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 educational 
                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 brothers 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, dissemination, 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 Commission 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 established activities of the 2003 Committee, the First 
Flight Society, the First Flight Centennial Commission of North 
Carolina, and the Ohio Wright-Dunbar State Heritage Commission.

SEC. 6. POWERS.

    (a) Advisory Committees.--
            (1) In general.--The Commission may appoint 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 authorized by paragraph (1) may 
        receive pay and travel 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 member or agent of the 
Commission may, if authorized by the Commission, take any action that 
the Commission is authorized to take under this Act.
    (c) Authority To Procure and To Make Legal Agreements.--
            (1) In general.--The Commission may procure 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 Commission may not extend 
        beyond the date of the termination 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 become the 
        property of the General Services Administration 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 conditions 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 appoint an executive director of 
the Commission. The executive director may be paid at a rate not to 
exceed the maximum 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 appropriate, 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 Schedule.
    (c) Inapplicability of Certain Civil Service Laws.--The executive 
director and 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 chapter 51 and subchapter III of chapter 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 
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 intermittent services under section 3109(b) of 
title 5, United States Code, at a rate that does not exceed the daily 
equivalent 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 Administrator of General 
Services shall provide to the Commission, on a reimbursable basis, any 
administrative support 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 applicable to 
        appropriated funds.
    (b) Volunteer Services.--Notwithstanding section 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 remaining to the Commission 
on the date of the termination of the Commission may be used to ensure 
the proper disposition, as specified in the final report required by 
section 10(b), of historically significant property donated to or 
acquired by the Commission. Any such donated funds remaining 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 commemoration 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 prepare 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 activities to 
        commemorate the centennial of the First Flight, including--
                    (A) the production, publication, and distribution 
                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 libraries, 
                museums, and other appropriate institutions;
                    (E) ceremonies and celebrations commemorating 
                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 commemorative coins, medals, 
        and stamps by the United States relating to aviation or the 
        First Flight;
            (3) recommendations for any legislation or administrative 
        action that the Commission determines to be appropriate 
        regarding the commemoration of the First Flight; and
            (4) an accounting of funds received and expended 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 Commission;
            (2) a final accounting of funds received and expended by 
        the Commission;
            (3) any findings and conclusions of the Commission; and
            (4) specific recommendations concerning the final 
        disposition of any historically significant items acquired by 
        the Commission, including items donated to the Commission under 
        section 8(a)(1).

SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

    (a) In General.--The Inspector General of the General Services 
Administration shall audit the financial transactions of the 
Commission, including financial transactions involving donated funds, 
in accordance with generally 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 transactions of the Commission, including 
access to any financial records or securities held for the Commission 
by depositories, fiscal agents, or custodians.
    (b) Report.--Not later than September 31, 2004, the Inspector 
General of the General Services Administration 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 
Inspector General.

SEC. 12. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Commission'' means the Centennial of Flight 
        Commission.
            (2) The term ``First Flight'' means the 1st successful 
        manned, controlled, heavier-than-air, powered flight, which was 
        accomplished by Orville and Wilbur Wright on December 17, 1903.

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 
$500,000 for each of the fiscal years 1995 through 2004.
                                 <all>
HR 5077 IH----2