II

106TH CONGRESS

1ST SESSION S. 1072

To make certain technical and other corrections relating to the Centennial

of Flight Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3486

et seq.).

IN THE SENATE OF THE UNITED STATES

MAY 18 (legislative day, MAY 14), 1999

Mr. DEWINE (for himself, Mr. HELMS, and Mr. VOINOVICH) introduced the

following bill; which was read twice and referred to the Committee on

Governmental Affairs

A BILL

To make certain technical and other corrections relating to

the Centennial of Flight Commemoration Act (36 U.S.C.

143 note; 112 Stat. 3486 et seq.).

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CENTENNIAL OF FLIGHT COMMISSION.

4 The Centennial of Flight Commemoration Act (36

5 U.S.C. 143 note; 112 Stat. 3486 et seq.) is amended—

6 (1) in section 4—

7 (A) in subsection (a)—

8 (i) in paragraphs (1) and (2) by strik9 ing ‘‘or his designee’’;
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1 (ii) in paragraph (3) by striking ‘‘, or

2 his designee’’ and inserting ‘‘to represent

3 the interests of the Foundation’’;

4 (iii) in paragraph (4) by striking ‘‘, or

5 his designee’’ and inserting ‘‘to represent

6 the interests of the 2003 Committee’’;

7 (iv) in paragraph (5) by inserting be8 fore the period ‘‘and shall represent the in9 terests of such aeronautical entities’’; and

10 (v) in paragraph (6) by striking ‘‘, or

11 his designee’’;

12 (B) by striking subsection (f);

13 (C) by redesignating subsections (b)

14 through (e) as subsections (c) through (f), re15 spectively; and

16 (D) by inserting after subsection (a) the

17 following:

18 ‘‘(b) ALTERNATES.—Each member described under

19 subsection (a) may designate an alternate who may act

20 in lieu of the member to the extent authorized by the

21 member, including attending meetings and voting.’’;

22 (2) in section 5—

23 (A) in subsection (a)—

24 (i) by inserting ‘‘provide recommenda25 tions and advice to the President, Con-
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1 gress, and Federal agencies on the most

2 effective ways to’’ after ‘‘The Commission

3 shall’’;

4 (ii) by striking paragraph (1); and

5 (iii) by redesignating paragraphs (2)

6 through (7) as paragraphs (1) through (6),

7 respectively;

8 (B) by redesignating subsection (b) as sub9 section (c) and inserting after subsection (a)

10 the following:

11 ‘‘(b) INTERNATIONAL ACTIVITIES.—The Commission

12 may—

13 ‘‘(1) advise the United States with regard to

14 gaining support for and facilitating international

15 recognition of the importance of aviation history in

16 general and the centennial of powered flight in par17 ticular; and

18 ‘‘(2) attend international meetings regarding

19 such activities as advisors to official United States

20 representatives or to gain or provide information for

21 or about the activities of the Commission.’’; and

22 (C) by adding at the end the following:

23 ‘‘(d) ADDITIONAL DUTIES.—The Commission may—

24 ‘‘(1)(A) assemble, write, and edit a calendar of

25 events in the United States (and significant events
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1 in the world) dealing with the commemoration of the

2 centennial of flight or the history of aviation;

3 ‘‘(B) actively solicit event information; and

4 ‘‘(C) disseminate the calendar by printing and

5 distributing hard and electronic copies and making

6 the calendar available on a web page on the Inter7 net;

8 ‘‘(2) maintain a web page on the Internet for

9 the public that includes activities related to the cen10 tennial of flight celebration and the history of avia11 tion;

12 ‘‘(3) write and produce press releases about the

13 centennial of flight celebration and the history of

14 aviation;

15 ‘‘(4) solicit and respond to media inquiries and

16 conduct media interviews on the centennial of flight

17 celebration and the history of aviation;

18 ‘‘(5) initiate contact with individuals and orga19 nizations that have an interest in aviation to encour20 age such individuals and organizations to conduct

21 their own activities in celebration of the centennial

22 of flight;

23 ‘‘(6) provide advice and make recommendations

24 to individuals and organizations that wish to conduct

25 their own activities in celebration of the centennial
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1 of flight, and maintain files of information and lists

2 of experts on related subjects that can be dissemi3 nated on request;

4 ‘‘(7) sponsor meetings of Federal agencies,

5 State and local governments, and private individuals

6 and organizations for the purpose of coordinating

7 their activities in celebration of the centennial of

8 flight; and

9 ‘‘(8) encourage organizations to publish works

10 related to the history of aviation.’’;

11 (3) in section 6(a)—

12 (A) in paragraph (2)—

13 (i) by striking the first sentence; and

14 (ii) in the second sentence—

15 (I) by striking ‘‘the Federal’’ and

16 inserting ‘‘a Federal’’; and

17 (II) by striking ‘‘the informa18 tion’’ and inserting ‘‘information’’;

19 and

20 (B) in paragraph (3) by striking ‘‘section

21 4(c)(2)’’ and inserting ‘‘section 4(d)(2)’’;

22 (4) in section 6(c)(1) by striking ‘‘the Commis23 sion may’’ and inserting ‘‘the Administrator of the

24 National Aeronautics and Space Administration or

25 the Administrator of the Federal Aviation Adminis-
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1 tration (or an employee of the respective administra2 tion as designated by either Administrator) may, on

3 behalf of the Commission,’’;

4 (5) in section 7—

5 (A) in subsection (a) in the first

6 sentence—

7 (i) by striking ‘‘There’’ and inserting

8 ‘‘Subject to subsection (h), there’’; and

9 (ii) by inserting before the period ‘‘or

10 represented on the Advisory Board under

11 section 12(b)(1) (A) through (E)’’;

12 (B) in subsection (b) by striking ‘‘The

13 Commission’’ and inserting ‘‘Subject to sub14 section (h), the Commission’’;

15 (C) by striking subsection (g);

16 (D) by redesignating subsection (h) as sub17 section (g); and

18 (E) by adding at the end the following:

19 ‘‘(h) LIMITATION.—Each member of the Commission

20 described under section 4(a) (3), (4), and (5) may not

21 make personnel decisions, including hiring, termination,

22 and setting terms and conditions of employment.’’;

23 (6) in section 9—

24 (A) in subsection (a)—
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1 (i) by striking ‘‘The Commission

2 may’’ and inserting ‘‘After consultation

3 with the Commission, the Administrator of

4 the National Aeronautics and Space Ad5 ministration may’’; and

6 (ii) by striking ‘‘its duties or that it’’

7 and inserting ‘‘the duties under this Act or

8 that the Administrator of the National

9 Aeronautics and Space Administration’’;

10 (B) in subsection (b)—

11 (i) in the first sentence by striking

12 ‘‘The Commission shall have’’ and insert13 ing ‘‘After consultation with the Commis14 sion, the Administrator of the National

15 Aeronautics and Space Administration may

16 exercise’’; and

17 (ii) in the second sentence by striking

18 ‘‘that the Commission lawfully adopts’’ and

19 inserting ‘‘adopted under subsection (a)’’;

20 and

21 (C) by amending subsection (d) to read as

22 follows:

23 ‘‘(d) USE OF FUNDS.—

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

25 funds from licensing royalties received under this
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1 section shall be used by the Commission to carry out

2 the duties of the Commission specified by this Act.

3 ‘‘(2) EXCESS FUNDS.—The Commission shall

4 transfer any portion of funds in excess of funds nec5 essary to carry out the duties described under para6 graph (1), to the National Aeronautics and Space

7 Administration to be used for the sole purpose of

8 commemorating the history of aviation or the cen9 tennial of powered flight.’’;

10 (7) in section 10—

11 (A) in subsection (a)—

12 (i) in the first sentence, by striking

13 ‘‘activities of the Commission’’ and insert14 ing ‘‘actions taken by the Commission in

15 fulfillment of the Commission’s duties

16 under this Act’’;

17 (ii) in paragraph (3), by adding ‘‘and’’

18 after the semicolon;

19 (iii) in paragraph (4), by striking the

20 semicolon and ‘‘and’’ and inserting a pe21 riod; and

22 (iv) by striking paragraph (5); and

23 (B) in subsection (b)(1) by striking ‘‘ac24 tivities’’ and inserting ‘‘recommendations’’;

25 (8) in section 12—
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1 (A) in subsection (b)—

2 (i) in paragraph (1)—

3 (I) in subparagraphs (A), (C),

4 (D), and (E), by striking ‘‘, or the

5 designee of the Secretary’’;

6 (II) in subparagraph (B), by

7 striking ‘‘, or the designee of the Li8 brarian’’; and

9 (III) in subparagraph (F)—

10 (aa) in clause (i) by striking

11 ‘‘government’’ and inserting

12 ‘‘governmental entity’’; and

13 (bb) by amending clause (ii)

14 to read as follows:

15 ‘‘(ii) shall be selected among individ16 uals who—

17 ‘‘(I) have earned an advanced de18 gree related to aerospace history or

19 science, or have actively and primarily

20 worked in an aerospace related field

21 during the 5-year period before ap22 pointment by the President; and

23 ‘‘(II) specifically represent 1 or

24 more of the persons or groups enu25 merated under section 5(a)(1).’’; and
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1 (ii) by adding at the end the fol2 lowing:

3 ‘‘(2) ALTERNATES.—Each member described

4 under paragraph (1) (A) through (E) may designate

5 an alternate who may act in lieu of the member to

6 the extent authorized by the member, including at7 tending meetings and voting.’’; and

8 (B) in subsection (h) by striking ‘‘section

9 4(e)’’ and inserting ‘‘section 4(d)’’; and

10 (9) in section 13—

11 (A) by striking paragraph (4); and

12 (B) by redesignating paragraph (5) as

13 paragraph (4).

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