105TH CONGRESS

2D SESSION S. 1397

AN ACT

To establish a commission to assist in commemoration of

the centennial of powered flight and the achievements

of the Wright brothers.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Centennial of Flight

5 Commemoration Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) December 17, 2003, is the 100th anniver4 sary of the first successful manned, free, controlled,

5 and sustained flight by a power-driven, heavier-than6 air machine;

7 (2) the first flight by Orville and Wilbur Wright

8 represents the fulfillment of the age-old dream of

9 flying;

10 (3) the airplane has dramatically changed the

11 course of transportation, commerce, communication,

12 and warfare throughout the world;

13 (4) the achievement by the Wright brothers

14 stands as a triumph of American ingenuity, inven15 tiveness, and diligence in developing new tech16 nologies, and remains an inspiration for all Ameri17 cans;

18 (5) it is appropriate to remember and renew the

19 legacy of the Wright brothers at a time when the

20 values of creativity and daring represented by the

21 Wright brothers are critical to the future of the Na22 tion; and

23 (6) as the Nation approaches the 100th anni24 versary of powered flight, it is appropriate to cele25 brate and commemorate the centennial year through
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1 local, national, and international observances and ac2 tivities.

3 SEC. 3. ESTABLISHMENT.

4 There is established a commission to be known as the

5 Centennial of Flight Commission.

6 SEC. 4. MEMBERSHIP.

7 (a) NUMBER AND APPOINTMENT.—The Commission

8 shall be composed of 6 members, as follows:

9 (1) The Director of the National Air and Space

10 Museum of the Smithsonian Institution or his des11 ignee.

12 (2) The Administrator of the National Aero13 nautics and Space Administration or his designee.

14 (3) The chairman of the First Flight Centen15 nial Foundation of North Carolina, or his designee.

16 (4) The chairman of the 2003 Committee of

17 Ohio, or his designee.

18 (5) As chosen by the Commission, the president

19 or head of a United States aeronautical society,

20 foundation, or organization of national stature or

21 prominence who will be a person from a State other

22 than Ohio or North Carolina.

23 (6) The Administrator of the Federal Aviation

24 Administration, or his designee.
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1 (b) VACANCIES.—Any vacancy in the Commission

2 shall be filled in the same manner in which the original

3 designation was made.

4 (c) COMPENSATION.—

5 (1) PROHIBITION OF PAY.—Except as provided

6 in paragraph (2), members of the Commission shall

7 serve without pay or compensation.

8 (2) TRAVEL EXPENSES.—The Commission may

9 adopt a policy, only by unanimous vote, for members

10 of the Commission and related advisory panels to re11 ceive travel expenses, including per diem in lieu of

12 subsistence. The policy may not exceed the levels es13 tablished under sections 5702 and 5703 of title 5,

14 United States Code. Members who are Federal em15 ployees shall not receive travel expenses if otherwise

16 reimbursed by the Federal Government.

17 (d) QUORUM.—Three members of the Commission

18 shall constitute a quorum.

19 (e) CHAIRPERSON.—The Commission shall select a

20 Chairperson of the Commission from the members des21 ignated under subsection (a) (1), (2), or (5). The Chair22 person may not vote on matters before the Commission

23 except in the case of a tie vote. The Chairperson may be

24 removed by a vote of a majority of the Commission’s mem25 bers.
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1 (f) ORGANIZATION.—No later than 90 days after the

2 date of enactment of this Act, the Commission shall meet

3 and select a Chairperson, Vice Chairperson, and Executive

4 Director.

5 SEC. 5. DUTIES.

6 (a) IN GENERAL.—The Commission shall—

7 (1) represent the United States and take a

8 leadership role with other nations in recognizing the

9 importance of aviation history in general and the

10 centennial of powered flight in particular, and pro11 mote participation by the United States in such ac12 tivities;

13 (2) encourage and promote national and inter14 national participation and sponsorships in com15 memoration of the centennial of powered flight by

16 persons and entities such as—

17 (A) aerospace manufacturing companies;

18 (B) aerospace-related military organiza19 tions;

20 (C) workers employed in aerospace-related

21 industries;

22 (D) commercial aviation companies;

23 (E) general aviation owners and pilots;

24 (F) aerospace researchers, instructors, and

25 enthusiasts;
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1 (G) elementary, secondary, and higher edu2 cational institutions;

3 (H) civil, patriotic, educational, sporting,

4 arts, cultural, and historical organizations and

5 technical societies;

6 (I) aerospace-related museums; and

7 (J) State and local governments;

8 (3) plan and develop, in coordination with the

9 First Flight Centennial Commission, the First

10 Flight Centennial Foundation of North Carolina,

11 and the 2003 Committee of Ohio, programs and ac12 tivities that are appropriate to commemorate the

13 100th anniversary of powered flight;

14 (4) maintain, publish, and distribute a calendar

15 or register of national and international programs

16 and projects concerning, and provide a central clear17 inghouse for, information and coordination regard18 ing, dates, events, and places of historical and com19 memorative significance regarding aviation history in

20 general and the centennial of powered flight in par21 ticular;

22 (5) provide national coordination for celebration

23 dates to take place throughout the United States

24 during the centennial year;
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1 (6) assist in conducting educational, civic, and

2 commemorative activities relating to the centennial

3 of powered flight throughout the United States, es4 pecially activities that occur in the States of North

5 Carolina and Ohio and that highlight the activities

6 of the Wright brothers in such States; and

7 (7) encourage the publication of popular and

8 scholarly works related to the history of aviation or

9 the anniversary of the centennial of powered flight.

10 (b) NONDUPLICATION OF ACTIVITIES.—The Com11 mission shall attempt to plan and conduct its activities

12 in such a manner that activities conducted pursuant to

13 this Act enhance, but do not duplicate, traditional and es14 tablished activities of Ohio’s 2003 Committee, North

15 Carolina’s First Flight Centennial Commission, the First

16 Flight Centennial Foundation, or any other organization

17 of national stature or prominence.

18 SEC. 6. POWERS.

19 (a) ADVISORY COMMITTEES AND TASK FORCES.—

20 (1) IN GENERAL.—The Commission may ap21 point any advisory committee or task force from

22 among the membership of the Advisory Board in

23 section 12.

24 (2) FEDERAL COOPERATION.—To ensure the

25 overall success of the Commission’s efforts, the Com-
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1 mission may call upon various Federal departments

2 and agencies to assist in and give support to the

3 programs of the Commission. The head of the Fed4 eral department or agency, where appropriate, shall

5 furnish the information or assistance requested by

6 the Commission, unless prohibited by law.

7 (3) PROHIBITION OF PAY OTHER THAN TRAVEL

8 EXPENSES.—Members of an advisory committee or

9 task force authorized under paragraph (1) shall not

10 receive pay, but may receive travel expenses pursu11 ant to the policy adopted by the Commission under

12 section 4(c)(2).

13 (b) POWERS OF MEMBERS AND AGENTS.—Any mem14 ber or agent of the Commission may, if authorized by the

15 Commission, take any action that the Commission is au16 thorized to take under this Act.

17 (c) AUTHORITY TO PROCURE AND TO MAKE LEGAL

18 AGREEMENTS.—

19 (1) IN GENERAL.—Notwithstanding any other

20 provision in this Act, only the Commission may pro21 cure supplies, services, and property, and make or

22 enter into leases and other legal agreements in order

23 to carry out this Act.

24 (2) RESTRICTION.—
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1 (A) IN GENERAL.—A contract, lease, or

2 other legal agreement made or entered into by

3 the Commission may not extend beyond the

4 date of the termination of the Commission.

5 (B) FEDERAL SUPPORT.—The Commission

6 shall obtain property, equipment, and office

7 space from the General Services Administration

8 or the Smithsonian Institution, unless other of9 fice space, property, or equipment is less costly.

10 (3) SUPPLIES AND PROPERTY POSSESSED BY

11 COMMISSION AT TERMINATION.—Any supplies and

12 property, except historically significant items, that

13 are acquired by the Commission under this Act and

14 remain in the possession of the Commission on the

15 date of the termination of the Commission shall be16 come the property of the General Services Adminis17 tration upon the date of termination.

18 (d) MAILS.—The Commission may use the United

19 States mails in the same manner and under the same con20 ditions as any other Federal agency.

21 SEC. 7. STAFF AND SUPPORT SERVICES.

22 (a) EXECUTIVE DIRECTOR.—There shall be an Exec23 utive Director appointed by the Commission and chosen

24 from among detailees from the agencies and organizations

25 represented on the Commission. The Executive Director
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1 may be paid at a rate not to exceed the maximum rate

2 of basic pay payable for the Senior Executive Service.

3 (b) STAFF.—The Commission may appoint and fix

4 the pay of any additional personnel that it considers ap5 propriate, except that an individual appointed under this

6 subsection may not receive pay in excess of the maximum

7 rate of basic pay payable for GS–14 of the General Sched8 ule.

9 (c) INAPPLICABILITY OF CERTAIN CIVIL SERVICE

10 LAWS.—The Executive Director and staff of the Commis11 sion may be appointed without regard to the provisions

12 of title 5, United States Code, governing appointments in

13 the competitive service, and may be paid without regard

14 to the provisions of chapter 51 and subchapter III of chap15 ter 53 of such title, relating to classification and General

16 Schedule pay rates, except as provided under subsections

17 (a) and (b) of this section.

18 (d) MERIT SYSTEM PRINCIPLES.—The appointment

19 of the Executive Director or any personnel of the Commis20 sion under subsection (a) or (b) shall be made consistent

21 with the merit system principles under section 2301 of

22 title 5, United States Code.

23 (e) STAFF OF FEDERAL AGENCIES.—Upon request

24 by the Chairperson of the Commission, the head of any

25 Federal department or agency may detail, on either a non-
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1 reimbursable or reimbursable basis, any of the personnel

2 of the department or agency to the Commission to assist

3 the Commission to carry out its duties under this Act.

4 (f) ADMINISTRATIVE SUPPORT SERVICES.—

5 (1) REIMBURSABLE SERVICES.—The Secretary

6 of the Smithsonian Institution may provide to the

7 Commission on a reimbursable basis any administra8 tive support services that are necessary to enable the

9 Commission to carry out this Act.

10 (2) NONREIMBURSABLE SERVICES.—The Sec11 retary may provide administrative support services

12 to the Commission on a nonreimbursable basis when,

13 in the opinion of the Secretary, the value of such

14 services is insignificant or not practical to determine.

15 (g) COOPERATIVE AGREEMENTS.—The Commission

16 may enter into cooperative agreements with other Federal

17 agencies, State and local governments, and private inter18 ests and organizations that will contribute to public aware19 ness of and interest in the centennial of powered flight

20 and toward furthering the goals and purposes of this Act.

21 (h) PROGRAM SUPPORT.—The Commission may re22 ceive program support from the non-profit sector.

23 SEC. 8. CONTRIBUTIONS.

24 (a) DONATIONS.—The Commission may accept dona25 tions of personal services and historic materials relating
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1 to the implementation of its responsibilities under the pro2 visions of this Act.

3 (b) VOLUNTEER SERVICES.—Notwithstanding sec4 tion 1342 of title 31, United States Code, the Commission

5 may accept and use voluntary and uncompensated services

6 as the Commission determines necessary.

7 (c) REMAINING FUNDS.—Any funds (including funds

8 received from licensing royalties) remaining with the Com9 mission on the date of the termination of the Commission

10 may be used to ensure proper disposition, as specified in

11 the final report required under section 10(b), of histori12 cally significant property which was donated to or ac13 quired by the Commission. Any funds remaining after

14 such disposition shall be transferred to the Secretary of

15 the Treasury for deposit into the general fund of the

16 Treasury of the United States.

17 SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,

18 SEALS, AND MARKS.

19 (a) IN GENERAL.—The Commission may devise any

20 logo, emblem, seal, or descriptive or designating mark that

21 is required to carry out its duties or that it determines

22 is appropriate for use in connection with the commemora23 tion of the centennial of powered flight.

24 (b) LICENSING.—The Commission shall have the sole

25 and exclusive right to use, or to allow or refuse the use
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1 of, the name ‘‘Centennial of Flight Commission’’ on any

2 logo, emblem, seal, or descriptive or designating mark that

3 the Commission lawfully adopts.

4 (c) EFFECT ON OTHER RIGHTS.—No provision of

5 this section may be construed to conflict or interfere with

6 established or vested rights.

7 (d) USE OF FUNDS.—Funds from licensing royalties

8 received pursuant to this section shall be used by the Com9 mission to carry out the duties of the Commission speci10 fied by this Act.

11 (e) LICENSING RIGHTS.—All exclusive licensing

12 rights, unless otherwise specified, shall revert to the Air

13 and Space Museum of the Smithsonian Institution upon

14 termination of the Commission.

15 SEC. 10. REPORTS.

16 (a) ANNUAL REPORT.—In each fiscal year in which

17 the Commission is in existence, the Commission shall pre18 pare and submit to Congress a report describing the ac19 tivities of the Commission during the fiscal year. Each an20 nual report shall also include—

21 (1) recommendations regarding appropriate ac22 tivities to commemorate the centennial of powered

23 flight, including—
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1 (A) the production, publication, and dis2 tribution of books, pamphlets, films, and other

3 educational materials;

4 (B) bibliographical and documentary

5 projects and publications;

6 (C) conferences, convocations, lectures,

7 seminars, and other similar programs;

8 (D) the development of exhibits for librar9 ies, museums, and other appropriate institu10 tions;

11 (E) ceremonies and celebrations commemo12 rating specific events that relate to the history

13 of aviation;

14 (F) programs focusing on the history of

15 aviation and its benefits to the United States

16 and humankind; and

17 (G) competitions, commissions, and awards

18 regarding historical, scholarly, artistic, literary,

19 musical, and other works, programs, and

20 projects related to the centennial of powered

21 flight;

22 (2) recommendations to appropriate agencies or

23 advisory bodies regarding the issuance of commemo24 rative coins, medals, and stamps by the United
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1 States relating to aviation or the centennial of pow2 ered flight;

3 (3) recommendations for any legislation or ad4 ministrative action that the Commission determines

5 to be appropriate regarding the commemoration of

6 the centennial of powered flight;

7 (4) an accounting of funds received and ex8 pended by the Commission in the fiscal year that the

9 report concerns, including a detailed description of

10 the source and amount of any funds donated to the

11 Commission in the fiscal year; and

12 (5) an accounting of any cooperative agree13 ments and contract agreements entered into by the

14 Commission.

15 (b) FINAL REPORT.—Not later than June 30, 2004,

16 the Commission shall submit to the President and Con17 gress a final report. The final report shall contain—

18 (1) a summary of the activities of the Commis19 sion;

20 (2) a final accounting of funds received and ex21 pended by the Commission;

22 (3) any findings and conclusions of the Com23 mission; and

24 (4) specific recommendations concerning the

25 final disposition of any historically significant items
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1 acquired by the Commission, including items do2 nated to the Commission under section 8(a)(1).

3 SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

4 (a) IN GENERAL.—

5 (1) AUDIT.—The Comptroller General of the

6 United States shall audit on an annual basis the fi7 nancial transactions of the Commission, including fi8 nancial transactions involving donated funds, in ac9 cordance with generally accepted auditing standards.

10 (2) ACCESS.—In conducting an audit under

11 this section, the Comptroller General—

12 (A) shall have access to all books, ac13 counts, financial records, reports, files, and

14 other papers, items, or property in use by the

15 Commission, as necessary to facilitate the audit;

16 and

17 (B) shall be afforded full facilities for veri18 fying the financial transactions of the Commis19 sion, including access to any financial records

20 or securities held for the Commission by deposi21 tories, fiscal agents, or custodians.

22 (b) FINAL REPORT.—Not later than September 30,

23 2004, the Comptroller General of the United States shall

24 submit to the President and to Congress a report detailing
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1 the results of any audit of the financial transactions of

2 the Commission conducted by the Comptroller General.

3 SEC. 12. ADVISORY BOARD.

4 (a) ESTABLISHMENT.—There is established a First

5 Flight Centennial Federal Advisory Board.

6 (b) NUMBER AND APPOINTMENT.—

7 (1) IN GENERAL.—The Board shall be com8 posed of 19 members as follows:

9 (A) The Secretary of the Interior, or the

10 designee of the Secretary.

11 (B) The Librarian of Congress, or the des12 ignee of the Librarian.

13 (C) The Secretary of the Air Force, or the

14 designee of the Secretary.

15 (D) The Secretary of the Navy, or the des16 ignee of the Secretary.

17 (E) The Secretary of Transportation, or

18 the designee of the Secretary.

19 (F) Six citizens of the United States, ap20 pointed by the President, who—

21 (i) are not officers or employees of

22 any government (except membership on

23 the Board shall not be construed to apply

24 to the limitation under this clause); and
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1 (ii) shall be selected based on their ex2 perience in the fields of aerospace history,

3 science, or education, or their ability to

4 represent the entities enumerated under

5 section 5(a)(2).

6 (G) Four citizens of the United States, ap7 pointed by the majority leader of the Senate in

8 consultation with the minority leader of the

9 Senate.

10 (H) Four citizens of the United States, ap11 pointed by the Speaker of the House of Rep12 resentatives in consultation with the minority

13 leader of the House of Representatives. Of the

14 individuals appointed under this subpara15 graph—

16 (i) one shall be selected from among

17 individuals recommended by the represent18 ative whose district encompasses the

19 Wright Brothers National Memorial; and

20 (ii) one shall be selected from among

21 individuals recommended by the represent22 atives whose districts encompass any part

23 of the Dayton Aviation Heritage National

24 Historical Park.
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1 (c) VACANCIES.—Any vacancy in the Advisory Board

2 shall be filled in the same manner in which the original

3 designation was made.

4 (d) MEETINGS.—Seven members of the Advisory

5 Board shall constitute a quorum for a meeting. All meet6 ings shall be open to the public.

7 (e) CHAIRPERSON.—The President shall designate 1

8 member appointed under subsection (b)(1)(F) as chair9 person of the Advisory Board.

10 (f) MAILS.—The Advisory Board may use the United

11 States mails in the same manner and under the same con12 ditions as a Federal agency.

13 (g) DUTIES.—The Advisory Board shall advise the

14 Commission on matters related to this Act.

15 (h) PROHIBITION OF COMPENSATION OTHER THAN

16 TRAVEL EXPENSES.—Members of the Advisory Board

17 shall not receive pay, but may receive travel expenses pur18 suant to the policy adopted by the Commission under sec19 tion 4(e).

20 (i) TERMINATION.—The Advisory Board shall termi21 nate upon the termination of the Commission.

22 SEC. 13. DEFINITIONS.

23 For purposes of this Act:

24 (1) The term ‘‘Advisory Board’’ means the Cen25 tennial of Flight Federal Advisory Board.
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1 (2) The term ‘‘centennial of powered flight’’

2 means the anniversary year, from December 2002 to

3 December 2003, commemorating the 100-year his4 tory of aviation beginning with the First Flight and

5 highlighting the achievements of the Wright brothers

6 in developing the technologies which have led to the

7 development of aviation as it is known today.

8 (3) The term ‘‘Commission’’ means the Centen9 nial of Flight Commission.

10 (4) The term ‘‘designee’’ means a person from

11 the respective entity of each entity represented on

12 the Commission or Advisory Board.

13 (5) The term ‘‘First Flight’’ means the first

14 four successful manned, free, controlled, and sus15 tained flights by a power-driven, heavier-than-air

16 machine, which were accomplished by Orville and

17 Wilbur Wright of Dayton, Ohio on December 17,

18 1903 at Kitty Hawk, North Carolina.

19 SEC. 14. TERMINATION.

20 The Commission shall terminate not later than 60

21 days after the submission of the final report required by

22 section 10(b) and shall transfer all documents and mate23 rial to the National Archives or other appropriate Federal

24 entity.
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1 SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated to carry out

3 this Act $250,000 for fiscal year 1999, $600,000 for fiscal

4 year 2000, $750,000 for fiscal year 2001, $900,000 for

5 fiscal year 2002, $900,000 for fiscal year 2003, and

6 $600,000 for fiscal year 2004.

Passed the Senate September 22, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 1397

AN ACT

To establish a commission to assist in commemoraachievements of the Wright brothers. tion of the centennial of powered flight and the