[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1397 Introduced in Senate (IS)]







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.

    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. FINDINGS.

    The Congress finds that--
            (1) December 17, 2003, is the 100th anniversary 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, 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 
        powered flight, it is appropriate to celebrate and commemorate 
        the centennial year 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 21 
        members, as follows:
                    (A) The Secretary of the Interior, or a designee.
                    (B) The Director of the National Air and Space 
                Museum, or a designee.
                    (C) The Secretary of Defense, or a designee.
                    (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 Committee, 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 officers or employees by virtue 
                of their membership on the Commission.
            (2) Appointments by president.--Of the individuals referred 
        to in paragraph (1)(H)--
                    (A) two shall be chosen from among persons 
                recommended by the majority leader of the Senate in 
                consultation with the minority leader of the Senate;
                    (B) two 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. Of the 
                individuals referred to in this subparagraph, one shall 
                be chosen from among individuals recommended by the 
                Representative whose district encompasses the Wright 
                Brothers National Memorial, and one shall be chosen 
                from among individuals recommended by the 
                Representatives whose districts encompass any part of 
                the Dayton Aviation Heritage National Historical Park; 
                and
                    (C) eight 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 except for those designees serving at the 
pleasure of a public officeholder, 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 
        otherwise 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 promote participation by the United States in 
        such activities;
            (2) encourage and promote national and international 
        participation and sponsorships in commemoration of the 
        centennial of powered flight by persons and entities such as--
                    (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;
            (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 
        activities 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 clearinghouse for information 
        and coordination regarding, dates, events, and places of 
        historical and commemorative significance regarding aviation 
        history in general and the centennial of powered flight in 
        particular;
            (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, 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
            (7) plan, develop, and coordinate any other activities that 
        the Commission determines, subject to the approval of the First 
        Flight Centennial Commission, 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 powered 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 Ohio's 2003 Committee, North 
Carolina's First Flight Centennial Commission, and the First Flight 
Centennial Foundation, except with the consent of such entities.

SEC. 6. POWERS.

    (a) Advisory Committees and Task Forces.--
            (1) In general.--The Commission may appoint 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 Commission may call upon various 
        Federal departments and agencies to assist in and give support 
        to programs 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 receive 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 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 service, and historic materials relating to the 
        Wright brothers or the history 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 undertaken by the 
        Commission shall be done in coordination with fundraising 
        undertaken at the State level, and with the prior approval of 
        the First Flight Centennial Commission, the First Flight 
        Centennial Foundation of North Carolina, and the 2003 Committee 
        of Ohio.
    (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 
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 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 centennial of powered flight.
    (b) Licensing.--
            (1) Exclusive right to use.--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.
            (2) Royalties.--Licensing royalties shall be used first to 
        offset operating costs of the Commission and any royalties 
        remaining above and beyond the operating costs of the 
        Commission shall be distributed equally to the First Flight 
        Centennial Foundation of North Carolina and the 2003 Committee 
        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 prepare 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 activities to 
        commemorate the centennial of powered 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 powered 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 
        centennial of powered flight;
            (3) recommendations for any legislation or administrative 
        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 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 30, 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.

    In this Act:
            (1) Centennial of powered flight.--The term ``centennial of 
        powered flight'' means the anniversary year, from December 2002 
        to December 2003, commemorating the 100-year history 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.
            (2) Commission.--The term ``Commission'' means the 
        Centennial of Flight Commission.
            (3) First flight.--The term ``First Flight'' means the 
        first four successful manned, free, controlled, and sustained 
        flights by a power-driven, heavier-than-air machine, which were 
        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 
$250,000 for each of the fiscal years 1998 through 2004.
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