[House Report 104-58]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     104-58
_______________________________________________________________________


 
               DAYTON AVIATION HERITAGE PRESERVATION ACT

                                _______


 February 28, 1995.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 606]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 606) to amend the Dayton Aviation Heritage Preservation 
Act of 1992, and for other purposes, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 606 is to make a technical correction 
to the Dayton Aviation Heritage Preservation Act of 1992 by 
clarifying the Secretary of the Interior's powers to make 
appointments to the Dayton Aviation Heritage Commission.

                  Background and Need for Legislation

    The advisory commission appointment procedure described in 
the Dayton Aviation Heritage Preservation Act of 1992 (Public 
Law 102-419), while identical to that in legislation 
authorizing other such commissions, has drawn criticism from 
the Administration. The concern is that the provision could 
undercut the Secretary's appointment authority carried out 
pursuant to the appointments clause of the Constitution 
(article II, section 2). For this reason, H.R. 606 was 
introduced to preclude any conflicts or concerns about the 
appointments to the advisory commission created by Public Law 
102-419.

                            Committee Action

    H.R. 606 was introduced by Mr. Hall of Ohio on January 20, 
1995, and was referred to the Committee on Resources. Within 
the Committee, the bill was referred to the Subcommittee on 
National Parks, Forests and Lands. A hearing on H.R. 606 was 
held by the Subcommittee on February 2, 1995. At the 
Subcommittee meeting on February 7, 1995, H.R. 606 was ordered 
favorably reported by voice vote to the Committee on Resources 
without amendment. At the meeting of the Committee on Resources 
on February 15, 1995, the bill was ordered favorably reported, 
without amendment, to the House of Representatives by voice 
vote, in the presence of a quorum.

                      Section-by-Section Analysis

    The bill replaces in five places references within the 
Dayton Aviation Heritage Preservation Act of 1992 (Public Law 
102-419) to clarify that the Secretary of the Interior need 
only consider the recommendations of others in making his 
appointments to the advisory commission established under that 
Act.

            Committee Oversight Findings and Recommendations

    Pursuant to clause 2(l)(3) of rule XI of the Rules of the 
House of Representatives and clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, the Committee's 
oversight findings and recommendations are reflected in the 
body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 606 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 606. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance with House Rule XI

    1. With respect to the requirements of clause 2(l)(3)(A) of 
Rule XI of the Rules of the House of Representatives, the 
Subcommittee on National Parks, Forests and Lands held a 
hearing on February 2, 1995, on H.R. 606 and the oversight 
findings and recommendations of the Committee are reflected in 
this report.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
Rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 606.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
Rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 606 
from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 22, 1995.
Hon. Don Young,
Chairman, Committee on Resources, U.S. House of Representatives, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 606, a bill to amend the Dayton Aviation Heritage 
Preservation Act of 1992, and for other purposes, as ordered 
reported on February 15, 1995. Enacting this legislation would 
result in no cost to the federal government or to state or 
local governments. Because enactment of H.R. 606 would not 
affect direct spending or receipts, pay-as-you-go procedures 
would not apply.
    H.R. 606 would amend the Dayton Aviation Heritage 
Preservation Act of 1992 (P.L. 102-419) to clarify the power of 
the Secretary of Interior to make appointments to the advisory 
commission that was created by that act. Under the bill's 
amendments to P.L. 102-419, the Secretary need only consider 
the recommendations of others in making such appointments and 
is not limited by those recommendations.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                              James L. Blum
                              (For Robert D. Reischauer, Director).

                          Departmental Reports

    The Committee has received no departmental report on H.R. 
606.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

  SECTION 201 OF THE DAYTON AVIATION HERITAGE PRESERVATION ACT OF 1992

SEC. 201. DAYTON AVIATION HERITAGE COMMISSION.

    (a) * * *
    (b) Membership.--The Commission shall consist of 13 members 
as follows:
          (1) 3 members appointed by the Secretary, who shall 
        have demonstrated expertise in aviation history, black 
        history and literature, aviation technology, or 
        historic preservation, at least one of whom shall 
        represent the National Park Service.
          (2) 3 members appointed by the Secretary [from 
        recommendations] after consideration of recommendations 
        submitted by the Governor of the State of Ohio, who 
        shall have demonstrated expertise in aviation history, 
        black history and literature, aviation technology, or 
        historic preservation, at least one of whom shall 
        represent the Ohio Historical Society.
          (3) 1 member appointed by the Secretary of Defense, 
        who shall represent Wright-Patterson Air Force Base.
          (4) 3 members appointed by the Secretary [from 
        recommendations] after consideration of recommendations 
        submitted by the City Commission of Dayton, Ohio, at 
        least one of whom shall reside near the core parcel of 
        the park (as described in section 101(b)(1)).
          (5) 1 member appointed by the Secretary [from 
        recommendations] after consideration of recommendations 
        submitted by the Board of Commissioners of Montgomery 
        County, Ohio.
          (6) 1 member appointed by the Secretary [from 
        recommendations] after consideration of recommendations 
        submitted by the Board of Commissioners of Greene 
        County, Ohio.
          (7) 1 member appointed by the Secretary [from 
        recommendations] after consideration of recommendations 
        submitted by the City Council of Fairborn, Ohio.
          * * * * * * *