[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.
<all>