[Congressional Record Volume 141, Number 57 (Tuesday, March 28, 1995)]
[House]
[Pages H3825-H3826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          DAYTON AVIATION HERITAGE PRESERVATION ACT AMENDMENTS

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 606) to amend the Dayton Aviation Heritage Preservation Act 
of 1992, and for other purposes.
  The Clerk read as follows:

                                H.R. 606

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That 
     section 201(b) of the Dayton Aviation Heritage Preservation 
     Act of 1992 (Public Law 102-419, approved October 16, 1992), 
     is amended as follows:
       (1) In paragraph (2), by striking ``from recommendations'' 
     and inserting ``after consideration of recommendations''.
       (2) In paragraph (4), by striking ``from recommendations'' 
     and inserting ``after consideration of recommendations''.
       (3) In paragraph (5), by striking ``from recommendations'' 
     and inserting ``after consideration of recommendations''.
       (4) In paragraph (6), by striking ``from recommendations'' 
     and inserting ``after consideration of recommendations''.
       (5) In paragraph (7), by striking ``from recommendations'' 
     and inserting ``after consideration of recommendations''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah [Mr. Hansen] will be recognized for 20 minutes, and the gentleman 
from New Mexico [Mr. Richardson] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Utah [Mr. Hansen].
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 606, a bill to make technical 
changes to the Dayton Aviation Historic Preservation Act of 1992.
  This bill simply clarifies the authority of the Secretary in making 
appointments to the Dayton Aviation Heritage Commission. Although the 
language in the bill is identical to that in many other park bills, the 
administration is seeking these technical changes to clarify the 
appointment powers of the President.
  The bill would have no cost and I urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. RICHARDSON asked and was given permission to revise and extend 
his remarks.)
  Mr. RICHARDSON. Mr. Speaker, H.R. 606 is a noncontroversial bill 
introduced by our good friend, the gentleman from Ohio [Mr. Hall], to 
deal with a technical matter in the appointment of members to the 
Dayton Aviation Heritage Commission by the Secretary of the Interior. 
The appointment procedure described in the Dayton Aviation Heritage 
Preservation Act of 1992, while identical to that in legislation 
authorizing other such commissions, has drawn criticism from the 
administration, which has expressed concern that it undercuts the 
Secretary's appointment authority. For 
[[Page H3826]] this reason the gentleman from Ohio [Mr. Hall] 
introduced legislation to preclude any conflicts or concerns about the 
appointments to the commission.
  I am pleased to see the House move on this bill. The provisions of 
H.R. 606 were passed by the House last Congress as part of another 
measure which, unfortunately, was not enacted into law.
  Mr. Speaker, I support H.R. 606, I urge its adoption by the House, 
and I thank the Chair for helping us get this legislation moved, and I 
think great credit should go to the gentleman from Ohio [Mr. Hall] for 
pursuing this issue.
  Mr. Speaker, I yield 5 minutes to the gentleman from Ohio [Mr. Hall]. 
Let me mention that the gentleman from Ohio received incorrect 
information on the timing of this bill that we just passed on Dayton. I 
am going to yield to him so he can take due credit for the excellent 
legislation the gentleman just sponsored.
  Mr. HALL of Ohio. Mr. Speaker, I rise to support H.R. 606, a bill I 
have introduced along with my Ohio colleagues, Representatives Hobson 
and Regula. The bill is identical to H.R. 3559, which passed the House 
last year, but was not considered in the Senate.
  H.R. 606 would amend Public Law 102-419, the Dayton Aviation Heritage 
Preservation Act of 1992, which established the Dayton Aviation 
Heritage National Historical Park and the Dayton Aviation Heritage 
Commission. The purpose of the commission was to advise the National 
Park Service on the management of the park and assist the preservation 
of other significant sites throughout the Miami Valley related to the 
Wright brothers and aviation history.
  The administration expressed a concern over the process for 
appointing members of the commission. This bill addresses that concern 
by giving the Secretary of the Interior greater discretion in 
appointing the members.
  My community of Dayton, OH, is very proud of its role in the history 
of aviation. It was here the Wright brothers grew up and built the 
first airplane. It was also in the Dayton area that engineers at McCook 
Field, Wright Field, and Wright-Patterson Air Force Base made numerous 
contributions of national significance to aviation technology. 
Throughout the Miami Valley, aviation pioneers advanced the cause of 
flight and gave birth to the modern aerospace industry. This bill will 
ensure the proper functioning of the commission to help tell these 
stories to the Nation and to the world.
  H.R. 606 has bipartisan support. It will result in no cost to the 
Federal Government or the State or local governments. I urge the 
passage of the bill.
  Mr. HOBSON. Mr. Speaker, I rise today in strong support of H.R. 606, 
the Dayton Aviation Preservation Heritage Act Amendments, which was 
introduced by my colleague Congressman Hall, and of which I am a 
cosponsor. The legislation would make technical corrections to the 
Dayton Aviation Heritage Preservation Act, which became law in the 102d 
Congress, and is identical to legislation approved by the House in the 
last Congress (H.R. 3559).
  The Dayton Aviation Heritage Commission is a Federal entity 
responsible for coordinating efforts at the Federal, State, and local 
levels to preserve and manage the historic resources of Miami Valley, 
OH, which is known for its aviation history.
  Public Law 102-419 established the Dayton Aviation Heritage National 
Historical Park and the Dayton Aviation Heritage Commission, and 
contained a mechanism whereby the Secretary of Interior could appoint 
members to the Commission. Although the appointment language in the law 
was identical to language used in the past to create similar such 
commissions, the administration found the language to be 
unconstitutional.
  H.R. 606 amends the Dayton Aviation Heritage Preservation Act to 
clarify that the Secretary of Interior need only consider the 
recommendations of others in making appointments to the advisory 
commission established by that law. This legislation is clearly 
technical in nature and would give the Secretary of Interior greater 
discretion in appointing members to the Commission. Again, this 
legislation is identical to that which was approved by the House, but 
did not receive Senate consideration.
  H.R. 606 is extremely important in allowing the Commission to carry 
out their mission--which is to work with the National Park Service in 
the preservation of aviation history--a significant aspect of Dayton's 
heritage which is associated with the Wright Brothers and the early 
development of aviation. I would also like to point out that there is 
no cost involved with this bill.
  Mr. Hall and I, along with the Miami Valley community have worked 
together to create the Dayton Aviation Heritage Park, a park that will 
bring to life the story of the Wright Brothers and the place where they 
grew up, invented the plane, and learned to fly. This legislation is 
necessary to ensure the preservation of Dayton's aviation history.
  Mr. Speaker, I urge support of this legislation.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I, too, yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah [Mr. Hansen] that the House suspend the rules and 
pass the bill, H.R. 606.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended, and the bill was passed.
  A motion to reconsider was laid on the table.

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