Calendar No. 532

105TH CONGRESS

2D SESSION S. 1397

[Report No. 105–294]

A BILL

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

AUGUST 25, 1998

Reported with an amendment
II

Calendar No. 532

105TH CONGRESS

2D SESSION S. 1397

[Report No. 105–294]

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

AUGUST 25, 1998

Reported under authority of the order of the Senate of July 31, 1998, by Mr.

THOMPSON, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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,
2

•S 1397 RS

1 SECTION 1. SHORT TITLE.

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

3 Commemoration Act’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that—

6 (1) December 17, 2003, is the 100th anniver7 sary of the first successful manned, free, controlled,

8 and sustained flight by a power-driven, heavier-than9 air machine;

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

11 represents the fulfillment of the age-old dream of

12 flying;

13 (3) the airplane has dramatically changed the

14 course of transportation, commerce, communication,

15 and warfare throughout the world;

16 (4) the achievement by the Wright brothers

17 stands as a triumph of American ingenuity, inven18 tiveness, and diligence in developing new tech19 nologies, and remains an inspiration for all Ameri20 cans;

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

22 legacy of the Wright brothers at a time when the

23 values of creativity and daring represented by the

24 Wright brothers are critical to the future of the Na25 tion; and
3

•S 1397 RS

1 (6) as the Nation approaches the 100th anni2 versary of powered flight, it is appropriate to cele3 brate and commemorate the centennial year through

4 local, national, and international observances and ac5 tivities.

6 SEC. 3. ESTABLISHMENT.

7 There is established a commission to be known as the

8 Centennial of Flight Commission.

9 SEC. 4. MEMBERSHIP.

10 (a) NUMBER AND APPOINTMENT.—

11 (1) IN GENERAL.—The Commission shall be

12 composed of 21 members, as follows:

13 (A) The Secretary of the Interior, or a des14 ignee.

15 (B) The Director of the National Air and

16 Space Museum, or a designee.

17 (C) The Secretary of Defense, or a des18 ignee.

19 (D) The Secretary of Transportation, or a

20 designee.

21 (E) The Administrator of the National

22 Aeronautics and Space Administration, or a

23 designee.

24 (F) Two representatives from the State of

25 North Carolina, including—
4

•S 1397 RS

1 (i) the chairman of the First Flight

2 Centennial Commission, or a designee; and

3 (ii) the president of the First Flight

4 Centennial Foundation, or a designee.

5 (G) Two representatives from the State of

6 Ohio, including—

7 (i) the Governor, or a designee; and

8 (ii) the chairman of the 2003 Com9 mittee, or a designee.

10 (H) Twelve citizens of the United States,

11 appointed by the President, who are not officers

12 or employees of any government, except to the

13 extent that they are considered to be such offi14 cers or employees by virtue of their membership

15 on the Commission.

16 (2) APPOINTMENTS BY PRESIDENT.—Of the in17 dividuals referred to in paragraph (1)(H)—

18 (A) two shall be chosen from among per19 sons recommended by the majority leader of the

20 Senate in consultation with the minority leader

21 of the Senate;

22 (B) two shall be chosen from among per23 sons recommended by the Speaker of the House

24 of Representatives in consultation with the mi25 nority leader of the House of Representatives.
5

•S 1397 RS

1 Of the individuals referred to in this subpara2 graph, one shall be chosen from among individ3 uals recommended by the Representative whose

4 district encompasses the Wright Brothers Na5 tional Memorial, and one shall be chosen from

6 among individuals recommended by the Rep7 resentatives whose districts encompass any part

8 of the Dayton Aviation Heritage National His9 torical Park; and

10 (C) eight shall be chosen based on quali11 fications or experience in the field of history,

12 aerospace science or industry, or any other pro13 fession that would enhance the work of the

14 Commission and assist in commemorating the

15 accomplishments of the Wright brothers.

16 (b) TIME OF APPOINTMENT.—Each member of the

17 Commission shall be appointed not later than 90 days

18 after the date of the enactment of this Act.

19 (c) TERMS.—Each member of the Commission shall

20 be appointed for the life of the Commission except for

21 those designees serving at the pleasure of a public office22 holder, whose terms shall expire contemporaneously with

23 the terms of the public official being represented.
6

•S 1397 RS

1 (d) VACANCIES.—Any vacancy in the Commission

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

3 appointment was made.

4 (e) COMPENSATION.—

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

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

7 serve without pay.

8 (2) TRAVEL EXPENSES.—Each member of the

9 Commission may receive travel expenses, including

10 per diem in lieu of subsistence, in accordance with

11 sections 5702 and 5703 of title 5, United States

12 Code, except that those members who are Federal

13 employees shall not receive travel expenses if other14 wise reimbursed by the Federal Government.

15 (f) QUORUM.—Eleven members of the Commission

16 shall constitute a quorum.

17 (g) CHAIRPERSON.—The President shall designate

18 one of the individuals appointed under subsection

19 (a)(1)(H) as the chairperson of the Commission.

20 (h) MEETINGS.—The Commission shall meet at the

21 call of its chairperson or a majority of its members.

22 SEC. 5. DUTIES.

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

24 (1) represent the United States and take a

25 leadership role with other countries in recognizing
7

•S 1397 RS

1 the importance of aviation history in general and the

2 centennial of powered flight in particular, and pro3 mote participation by the United States in such ac4 tivities;

5 (2) encourage and promote national and inter6 national participation and sponsorships in com7 memoration of the centennial of powered flight by

8 persons and entities such as—

9 (A) aerospace manufacturing companies;

10 (B) aerospace-related military organiza11 tions;

12 (C) workers employed in aerospace-related

13 industries;

14 (D) commercial aviation companies;

15 (E) general aviation owners and pilots;

16 (F) aerospace researchers, instructors, and

17 enthusiasts;

18 (G) elementary, secondary, and higher edu19 cational institutions;

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

21 arts, cultural, and historical organizations and

22 technical societies;

23 (I) aerospace-related museums; and

24 (J) State and local governments;
8

•S 1397 RS

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

2 First Flight Centennial Commission, the First

3 Flight Centennial Foundation of North Carolina,

4 and the 2003 Committee of Ohio, programs and ac5 tivities that are appropriate to commemorate the

6 100th anniversary of powered flight;

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

8 or register of national and international programs

9 and projects concerning, and provide a central clear10 inghouse for information and coordination regarding,

11 dates, events, and places of historical and commemo12 rative significance regarding aviation history in gen13 eral and the centennial of powered flight in particu14 lar;

15 (5) provide national coordination for celebration

16 dates to take place throughout the United States

17 during the centennial year;

18 (6) assist in conducting educational, civic, and

19 commemorative activities relating to the centennial

20 of powered flight throughout the United States, es21 pecially activities that occur in the States of North

22 Carolina and Ohio and that highlight the activities

23 of the Wright brothers in such States; and

24 (7) plan, develop, and coordinate any other ac25 tivities that the Commission determines, subject to
9

•S 1397 RS

1 the approval of the First Flight Centennial Commis2 sion, the First Flight Centennial Foundation of

3 North Carolina, and the 2003 Committee of Ohio, to

4 be appropriate relating to the anniversary of the

5 centennial of powered flight, which may include the

6 preparation, distribution, dissemination, exhibition,

7 or sale of historical, commemorative, or informative

8 materials or objects, that will contribute to public

9 awareness of and interest in the centennial of pow10 ered flight.

11 (b) NONDUPLICATION OF ACTIVITIES.—The Com12 mission shall attempt to plan and conduct its activities

13 in such a manner that activities conducted pursuant to

14 this Act enhance, but do not duplicate, traditional and es15 tablished activities of Ohio’s 2003 Committee, North

16 Carolina’s First Flight Centennial Commission, and the

17 First Flight Centennial Foundation, except with the con18 sent of such entities.

19 SEC. 6. POWERS.

20 (a) ADVISORY COMMITTEES AND TASK FORCES.—

21 (1) IN GENERAL.—The Commission may ap22 point any advisory committee or task force that it

23 determines to be necessary to carry out this Act.

24 (2) FEDERAL COOPERATION.—To ensure the

25 overall success of the Commission’s efforts, the Com-
10

•S 1397 RS

1 mission may call upon various Federal departments

2 and agencies to assist in and give support to pro3 grams of the Commission. Where appropriate, all

4 Federal departments and agencies shall provide any

5 assistance possible.

6 (3) PROHIBITION OF PAY OTHER THAN TRAVEL

7 EXPENSES.—Members of an advisory committee or

8 task force authorized by paragraph (1) shall not re9 ceive pay, but may receive travel expenses to the

10 same extent that members of the Commission may

11 receive travel expenses under section 4(e).

12 (b) POWERS OF MEMBERS AND AGENTS.—Any mem13 ber or agent of the Commission may, if authorized by the

14 Commission, take any action that the Commission is au15 thorized to take under this Act.

16 (c) AUTHORITY TO PROCURE AND TO MAKE LEGAL

17 AGREEMENTS.—

18 (1) IN GENERAL.—The Commission may pro19 cure supplies, services, and property, and make or

20 enter into leases and other legal agreements in order

21 to carry out this Act.

22 (2) RESTRICTION.—A contract, lease, or other

23 legal agreement made or entered into by the Com24 mission may not extend beyond the date of the ter25 mination of the Commission.
11

•S 1397 RS

1 (3) SUPPLIES AND PROPERTY POSSESSED BY

2 COMMISSION AT TERMINATION.—Any supplies and

3 property, except historically significant items, that

4 are acquired by the Commission under this Act and

5 remain in the possession of the Commission on the

6 date of the termination of the Commission shall be7 come the property of the General Services Adminis8 tration upon the date of the termination.

9 (d) REQUESTS FOR OFFICIAL INFORMATION.—The

10 Commission may request from any Federal department or

11 agency information necessary to enable the Commission

12 to carry out this Act. The head of the Federal department

13 or agency shall furnish the information to the Commission

14 unless the release of the information by the department

15 or agency to the public is prohibited by law.

16 (e) MAILS.—The Commission may use the United

17 States mails in the same manner and under the same con18 ditions as any other Federal agency.

19 SEC. 7. STAFF AND SUPPORT SERVICES.

20 (a) EXECUTIVE DIRECTOR.—The chairperson of the

21 Commission, with the advice of the Commission, shall ap22 point an executive director of the Commission. The execu23 tive director may be paid at a rate not to exceed the maxi24 mum rate of basic pay payable for the Senior Executive

25 Service.
12

•S 1397 RS

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

2 the pay of any additional personnel that it considers ap3 propriate, except that an individual appointed under this

4 subsection may not receive pay in excess of the maximum

5 rate of basic pay payable for GS–14 of the General Sched6 ule.

7 (c) INAPPLICABILITY OF CERTAIN CIVIL SERVICE

8 LAWS.—The executive director and staff of the Commis9 sion may be appointed without regard to the provisions

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

11 the competitive service, and may be paid without regard

12 to the provisions of chapter 51 and subchapter III of chap13 ter 53 of such title, relating to classification and General

14 Schedule pay rates, except as provided in subsections (a)

15 and (b) of this section.

16 (d) STAFF OF FEDERAL AGENCIES.—Upon request

17 by the chairperson of the Commission, the head of any

18 Federal department or agency may detail, on a non19 reimbursable basis, any of the personnel of the department

20 or agency to the Commission to assist the Commission to

21 carry out its duties under this Act.

22 (e) EXPERTS AND CONSULTANTS.—The chairperson

23 of the Commission may procure temporary and intermit24 tent services under section 3109(b) of title 5, United

25 States Code, at a rate that does not exceed the daily equiv-
13

•S 1397 RS

1 alent of the annual rate of basic pay payable under level

2 V of the Executive Schedule under section 5316 of such

3 title.

4 (f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad5 ministrator of General Services shall provide to the Com6 mission, on a reimbursable basis, any administrative sup7 port services that are necessary to enable the Commission

8 to carry out this Act.

9 SEC. 8. CONTRIBUTIONS.

10 (a) DONATIONS.—

11 (1) IN GENERAL.—The Commission may accept

12 donations of money, personal service, and historic

13 materials relating to the Wright brothers or the his14 tory of aviation.

15 (2) DONATED FUNDS AND SALES.—Any funds

16 donated to the Commission or revenues from direct

17 sales shall be used by the Commission to carry out

18 this Act. Funds donated to and accepted by the

19 Commission pursuant to this section shall not be

20 considered to be appropriated funds and shall not be

21 subject to any requirements or restrictions applicable

22 to appropriated funds.

23 (3) FUNDRAISING.—Any fundraising under24 taken by the Commission shall be done in coordina25 tion with fundraising undertaken at the State level,
14

•S 1397 RS

1 and with the prior approval of the First Flight Cen2 tennial Commission, the First Flight Centennial

3 Foundation of North Carolina, and the 2003 Com4 mittee of Ohio.

5 (b) VOLUNTEER SERVICES.—Notwithstanding sec6 tion 1342 of title 31, United States Code, the Commission

7 may accept and use voluntary and uncompensated services

8 as the Commission determines necessary.

9 (c) REMAINING FUNDS.—Any donated funds remain10 ing to the Commission on the date of the termination of

11 the Commission may be used to ensure proper disposition,

12 as specified in the final report required by section 10(b),

13 of historically significant property which was donated to

14 or acquired by the Commission. Any donated funds re15 maining after such disposition shall be transferred to the

16 Secretary of the Treasury for deposit into the general fund

17 of the Treasury of the United States.

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

19 SEALS, AND MARKS.

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

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

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

23 is appropriate for use in connection with the commemora24 tion of the centennial of powered flight.

25 (b) LICENSING.—
15

•S 1397 RS

1 (1) EXCLUSIVE RIGHT TO USE.—The Commis2 sion shall have the sole and exclusive right to use,

3 or to allow or refuse the use of, the name ‘‘Centen4 nial of Flight Commission’’ on any logo, emblem,

5 seal, or descriptive or designating mark that the

6 Commission lawfully adopts.

7 (2) ROYALTIES.—Licensing royalties shall be

8 used first to offset operating costs of the Commis9 sion and any royalties remaining above and beyond

10 the operating costs of the Commission shall be dis11 tributed equally to the First Flight Centennial

12 Foundation of North Carolina and the 2003 Com13 mittee of Ohio to offset costs associated with the

14 celebration of the centennial of powered flight.

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

16 this section may be construed to conflict or interfere with

17 established or vested rights.

18 SEC. 10. REPORTS.

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

20 the Commission is in existence, the Commission shall pre21 pare and submit to the Congress a report describing the

22 activities of the Commission during the fiscal year. Each

23 annual report should also include—
16

•S 1397 RS

1 (1) recommendations regarding appropriate ac2 tivities to commemorate the centennial of powered

3 flight, including—

4 (A) the production, publication, and dis5 tribution of books, pamphlets, films, and other

6 educational materials;

7 (B) bibliographical and documentary

8 projects and publications;

9 (C) conferences, convocations, lectures,

10 seminars, and other similar programs;

11 (D) the development of exhibits for librar12 ies, museums, and other appropriate institu13 tions;

14 (E) ceremonies and celebrations commemo15 rating specific events that relate to the history

16 of aviation;

17 (F) programs focusing on the history of

18 aviation and its benefits to the United States

19 and humankind; and

20 (G) competitions, commissions, and awards

21 regarding historical, scholarly, artistic, literary,

22 musical, and other works, programs, and

23 projects related to the centennial of powered

24 flight;
17

•S 1397 RS

1 (2) recommendations to appropriate agencies or

2 advisory bodies regarding the issuance of commemo3 rative coins, medals, and stamps by the United

4 States relating to aviation or the centennial of pow5 ered flight;

6 (3) recommendations for any legislation or ad7 ministrative action that the Commission determines

8 to be appropriate regarding the commemoration of

9 the centennial of powered flight; and

10 (4) an accounting of funds received and ex11 pended by the Commission in the fiscal year that the

12 report concerns, including a detailed description of

13 the source and amount of any funds donated to the

14 Commission in the fiscal year.

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

16 the Commission shall submit to the President and the

17 Congress 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
18

•S 1397 RS

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.—The Inspector General of the Gen5 eral Services Administration shall audit the financial

6 transactions of the Commission, including financial trans7 actions involving donated funds, in accordance with gen8 erally accepted auditing standards. In conducting an audit

9 pursuant to this section, the Inspector General shall have

10 access to all books, accounts, financial records, reports,

11 files, and other papers, items, or property in use by the

12 Commission, as necessary to facilitate the audit, and shall

13 be afforded full facilities for verifying the financial trans14 actions of the Commission, including access to any finan15 cial records or securities held for the Commission by de16 positories, fiscal agents, or custodians.

17 (b) REPORT.—Not later than September 30, 2004,

18 the Inspector General of the General Services Administra19 tion shall submit to the President and to the Congress

20 a report detailing the results of any audit of the financial

21 transactions of the Commission conducted by the Inspec22 tor General.

23 SEC. 12. DEFINITIONS.

24 In this Act:
19

•S 1397 RS

1 (1) CENTENNIAL OF POWERED FLIGHT.—The

2 term ‘‘centennial of powered flight’’ means the anni3 versary year, from December 2002 to December

4 2003, commemorating the 100-year history of avia5 tion beginning with the First Flight and highlighting

6 the achievements of the Wright brothers in develop7 ing the technologies which have led to the develop8 ment of aviation as it is known today.

9 (2) COMMISSION.—The term ‘‘Commission’’

10 means the Centennial of Flight Commission.

11 (3) FIRST FLIGHT.—The term ‘‘First Flight’’

12 means the first four successful manned, free, con13 trolled, and sustained flights by a power-driven,

14 heavier-than-air machine, which were accomplished

15 by Orville and Wilbur Wright on December 17,

16 1903.

17 SEC. 13. TERMINATION.

18 The Commission shall terminate not later than 60

19 days after the submission of the final report required by

20 section 10(b).

21 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

22 There is authorized to be appropriated to carry out

23 this Act $250,000 for each of the fiscal years 1998

24 through 2004.
20

•S 1397 RS

1 SECTION 1. SHORT TITLE.

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

3 Commemoration Act’’

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) December 17, 2003, is the 100th anniversary

7 of the first successful manned, free, controlled, and

8 sustained flight by a power-driven, heavier-than-air

9 machine;

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

11 represents the fulfillment of the age-old dream of fly12 ing;

13 (3) the airplane has dramatically changed the

14 course of transportation, commerce, communication,

15 and warfare throughout the world;

16 (4) the achievement by the Wright brothers

17 stands as a triumph of American ingenuity, inven18 tiveness, and diligence in developing new technologies,

19 and remains an inspiration for all Americans;

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

21 legacy of the Wright brothers at a time when the val22 ues of creativity and daring represented by the

23 Wright brothers are critical to the future of the Na24 tion; and

25 (6) as the Nation approaches the 100th anniver26 sary of powered flight, it is appropriate to celebrate
21

•S 1397 RS

1 and commemorate the centennial year through local,

2 national, and international observances and activi3 ties.

4 SEC. 3. ESTABLISHMENT.

5 There is established a commission to be known as the

6 Centennial of Flight Commission.

7 SEC. 4. MEMBERSHIP.

8 (a) NUMBER AND APPOINTMENT.—The Commission

9 shall be composed of 6 members, as follows:

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

11 Museum of the Smithsonian Institution or his des12 ignee.

13 (2) The Administrator of the National Aero14 nautics and Space Administration or his designee.

15 (3) The chairman of the First Flight Centennial

16 Foundation of North Carolina, or his designee.

17 (4) The chairman of the 2003 Committee of

18 Ohio, or his designee.

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

20 or head of a United States aeronautical society, foun21 dation, or organization of national stature or promi22 nence who will be a person from a State other than

23 Ohio or North Carolina.

24 (6) The Administrator of the Federal Aviation

25 Administration, or his designee.
22

•S 1397 RS

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 shall

18 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 ex23 cept in the case of a tie vote. The Chairperson may be re24 moved by a vote of a majority of the Commission’s members.
23

•S 1397 RS

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 lead8 ership role with other nations in recognizing the im9 portance of aviation history in general and the cen10 tennial of powered flight in particular, and promote

11 participation by the United States in such activities;

12 (2) encourage and promote national and inter13 national participation and sponsorships in com14 memoration of the centennial of powered flight by

15 persons and entities such as—

16 (A) aerospace manufacturing companies;

17 (B) aerospace-related military organiza18 tions;

19 (C) workers employed in aerospace-related

20 industries;

21 (D) commercial aviation companies;

22 (E) general aviation owners and pilots;

23 (F) aerospace researchers, instructors, and

24 enthusiasts;
24

•S 1397 RS

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 Flight

10 Centennial Foundation of North Carolina, and the

11 2003 Committee of Ohio, programs and activities that

12 are appropriate to commemorate the 100th anniver13 sary 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 regarding,

18 dates, events, and places of historical and commemo19 rative significance regarding aviation history in gen20 eral and the centennial of powered flight in particu21 lar;

22 (5) provide national coordination for celebration

23 dates to take place throughout the United States dur24 ing the centennial year;
25

•S 1397 RS

1 (6) assist in conducting educational, civic, and

2 commemorative activities relating to the centennial of

3 powered flight throughout the United States, espe4 cially activities that occur in the States of North

5 Carolina and Ohio and that highlight the activities of

6 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 Commis11 sion shall attempt to plan and conduct its activities in such

12 a manner that activities conducted pursuant to this Act en13 hance, but do not duplicate, traditional and established ac14 tivities of Ohio’s 2003 Committee, North Carolina’s First

15 Flight Centennial Commission, the First Flight Centennial

16 Foundation, or any other organization of national stature

17 or prominence.

18 SEC. 6. POWERS.

19 (a) ADVISORY COMMITTEES AND TASK FORCES.—

20 (1) IN GENERAL.—The Commission may appoint

21 any advisory committee or task force from among the

22 membership of the Advisory Board in section 12.

23 (2) FEDERAL COOPERATION.—To ensure the

24 overall success of the Commission’s efforts, the Com25 mission may call upon various Federal departments
26

•S 1397 RS

1 and agencies to assist in and give support to the pro2 grams of the Commission. The head of the Federal de3 partment or agency, where appropriate, shall furnish

4 the information or assistance requested by the Com5 mission, unless prohibited by law.

6 (3) PROHIBITION OF PAY OTHER THAN TRAVEL

7 EXPENSES.—Members of an advisory committee or

8 task force authorized under paragraph (1) shall not

9 receive pay, but may receive travel expenses pursuant

10 to the policy adopted by the Commission under sec11 tion 4(c)(2).

12 (b) POWERS OF MEMBERS AND AGENTS.—Any mem13 ber or agent of the Commission may, if authorized by the

14 Commission, take any action that the Commission is au15 thorized to take under this Act.

16 (c) AUTHORITY TO PROCURE AND TO MAKE LEGAL

17 AGREEMENTS.—

18 (1) IN GENERAL.—Notwithstanding any other

19 provision in this Act, only the Commission may pro20 cure supplies, services, and property, and make or

21 enter into leases and other legal agreements in order

22 to carry out this Act.

23 (2) RESTRICTION.—

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

25 other legal agreement made or entered into by
27

•S 1397 RS

1 the Commission may not extend beyond the date

2 of the termination of the Commission.

3 (B) FEDERAL SUPPORT.—The Commission

4 shall obtain property, equipment, and office

5 space from the General Services Administration

6 or the Smithsonian Institution, unless other of7 fice space, property, or equipment is less costly.

8 (3) SUPPLIES AND PROPERTY POSSESSED BY

9 COMMISSION AT TERMINATION.—Any supplies and

10 property, except historically significant items, that

11 are acquired by the Commission under this Act and

12 remain in the possession of the Commission on the

13 date of the termination of the Commission shall be14 come the property of the General Services Adminis15 tration upon the date of termination.

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

17 States mails in the same manner and under the same condi18 tions as any other Federal agency.

19 SEC. 7. STAFF AND SUPPORT SERVICES.

20 (a) EXECUTIVE DIRECTOR.—There shall be an Execu21 tive Director appointed by the Commission and chosen from

22 among detailees from the agencies and organizations rep23 resented on the Commission. The Executive Director may

24 be paid at a rate not to exceed the maximum rate of basic

25 pay payable for the Senior Executive Service.
28

•S 1397 RS

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

2 pay of any additional personnel that it considers appro3 priate, except that an individual appointed under this sub4 section may not receive pay in excess of the maximum rate

5 of basic pay payable for GS–14 of the General Schedule.

6 (c) INAPPLICABILITY OF CERTAIN CIVIL SERVICE

7 LAWS.—The Executive Director and staff of the Commis8 sion may be appointed without regard to the provisions of

9 title 5, United States Code, governing appointments in the

10 competitive service, and may be paid without regard to the

11 provisions of chapter 51 and subchapter III of chapter 53

12 of such title, relating to classification and General Schedule

13 pay rates, except as provided under subsections (a) and (b)

14 of this section.

15 (d) MERIT SYSTEM PRINCIPLES.—The appointment of

16 the Executive Director or any personnel of the Commission

17 under subsection (a) or (b) shall be made consistent with

18 the merit system principles under section 2301 of title 5,

19 United States Code.

20 (e) STAFF OF FEDERAL AGENCIES.—Upon request by

21 the Chairperson of the Commission, the head of any Federal

22 department or agency may detail, on either a nonreimburs23 able or reimbursable basis, any of the personnel of the de24 partment or agency to the Commission to assist the Com25 mission to carry out its duties under this Act.
29

•S 1397 RS

1 (f) ADMINISTRATIVE SUPPORT SERVICES.—

2 (1) REIMBURSABLE SERVICES.—The Secretary of

3 the Smithsonian Institution may provide to the Com4 mission on a reimbursable basis any administrative

5 support services that are necessary to enable the Com6 mission to carry out this Act.

7 (2) NONREIMBURSABLE SERVICES.—The Sec8 retary may provide administrative support services to

9 the Commission on a nonreimbursable basis when, in

10 the opinion of the Secretary, the value of such services

11 is insignificant or not practical to determine.

12 (g) COOPERATIVE AGREEMENTS.—The Commission

13 may enter into cooperative agreements with other Federal

14 agencies, State and local governments, and private interests

15 and organizations that will contribute to public awareness

16 of and interest in the centennial of powered flight and to17 ward furthering the goals and purposes of this Act.

18 (h) PROGRAM SUPPORT.—The Commission may re19 ceive program support from the non-profit sector.

20 SEC. 8. CONTRIBUTIONS.

21 (a) DONATIONS.—The Commission may accept dona22 tions of personal services and historic materials relating to

23 the implementation of its responsibilities under the provi24 sions of this Act.
30

•S 1397 RS

1 (b) VOLUNTEER SERVICES.—Notwithstanding section

2 1342 of title 31, United States Code, the Commission may

3 accept and use voluntary and uncompensated services as

4 the Commission determines necessary.

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

6 received from licensing royalties) remaining with the Com7 mission on the date of the termination of the Commission

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

9 the final report required under section 10(b), of historically

10 significant property which was donated to or acquired by

11 the Commission. Any funds remaining after such disposi12 tion shall be transferred to the Secretary of the Treasury

13 for deposit into the general fund of the Treasury of the

14 United States.

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

16 SEALS, AND MARKS.

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

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

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

20 appropriate for use in connection with the commemoration

21 of the centennial of powered flight.

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

23 and exclusive right to use, or to allow or refuse the use of,

24 the name ‘‘Centennial of Flight Commission’’ on any logo,
31

•S 1397 RS

1 emblem, seal, or descriptive or designating mark that the

2 Commission lawfully adopts.

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

4 section may be construed to conflict or interfere with estab5 lished or vested rights.

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

7 received pursuant to this section shall be used by the Com8 mission to carry out the duties of the Commission specified

9 by this Act.

10 (e) LICENSING RIGHTS.—All exclusive licensing rights,

11 unless otherwise specified, shall revert to the Air and Space

12 Museum of the Smithsonian Institution upon termination

13 of the Commission.

14 SEC. 10. REPORTS.

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

16 the Commission is in existence, the Commission shall pre17 pare and submit to Congress a report describing the activi18 ties of the Commission during the fiscal year. Each annual

19 report shall also include—

20 (1) recommendations regarding appropriate ac21 tivities to commemorate the centennial of powered

22 flight, including—

23 (A) the production, publication, and dis24 tribution of books, pamphlets, films, and other

25 educational materials;
32

•S 1397 RS

1 (B) bibliographical and documentary

2 projects and publications;

3 (C) conferences, convocations, lectures, semi4 nars, and other similar programs;

5 (D) the development of exhibits for libraries,

6 museums, and other appropriate institutions;

7 (E) ceremonies and celebrations commemo8 rating specific events that relate to the history of

9 aviation;

10 (F) programs focusing on the history of

11 aviation and its benefits to the United States

12 and humankind; and

13 (G) competitions, commissions, and awards

14 regarding historical, scholarly, artistic, literary,

15 musical, and other works, programs, and projects

16 related to the centennial of powered flight;

17 (2) recommendations to appropriate agencies or

18 advisory bodies regarding the issuance of commemo19 rative coins, medals, and stamps by the United States

20 relating to aviation or the centennial of powered

21 flight;

22 (3) recommendations for any legislation or ad23 ministrative action that the Commission determines

24 to be appropriate regarding the commemoration of the

25 centennial of powered flight;
33

•S 1397 RS

1 (4) an accounting of funds received and ex2 pended by the Commission in the fiscal year that the

3 report concerns, including a detailed description of

4 the source and amount of any funds donated to the

5 Commission in the fiscal year; and

6 (5) an accounting of any cooperative agreements

7 and contract agreements entered into by the Commis8 sion.

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

10 the Commission shall submit to the President and Congress

11 a final report. The final report shall contain—

12 (1) a summary of the activities of the Commis13 sion;

14 (2) a final accounting of funds received and ex15 pended by the Commission;

16 (3) any findings and conclusions of the Commis17 sion; and

18 (4) specific recommendations concerning the

19 final disposition of any historically significant items

20 acquired by the Commission, including items donated

21 to the Commission under section 8(a)(1).

22 SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

23 (a) IN GENERAL.—

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

25 United States shall audit on an annual basis the fi-
34

•S 1397 RS

1 nancial transactions of the Commission, including fi2 nancial transactions involving donated funds, in ac3 cordance with generally accepted auditing standards.

4 (2) ACCESS.—In conducting an audit under this

5 section, the Comptroller General—

6 (A) shall have access to all books, accounts,

7 financial records, reports, files, and other papers,

8 items, or property in use by the Commission, as

9 necessary to facilitate the audit; and

10 (B) shall be afforded full facilities for veri11 fying the financial transactions of the Commis12 sion, including access to any financial records or

13 securities held for the Commission by deposi14 tories, fiscal agents, or custodians.

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

16 2004, the Comptroller General of the United States shall

17 submit to the President and to Congress a report detailing

18 the results of any audit of the financial transactions of the

19 Commission conducted by the Comptroller General.

20 SEC. 12. ADVISORY BOARD.

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

22 Flight Centennial Federal Advisory Board.

23 (b) NUMBER AND APPOINTMENT.—

24 (1) IN GENERAL.—The Board shall be composed

25 of 19 members as follows:
35

•S 1397 RS

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

2 designee of the Secretary.

3 (B) The Librarian of Congress, or the des4 ignee of the Librarian.

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

6 designee of the Secretary.

7 (D) The Secretary of the Navy, or the des8 ignee of the Secretary.

9 (E) The Secretary of Transportation, or the

10 designee of the Secretary.

11 (F) Six citizens of the United States, ap12 pointed by the President, who—

13 (i) are not officers or employees of any

14 government (except membership on the

15 Board shall not be construed to apply to the

16 limitation under this clause); and

17 (ii) shall be selected based on their ex18 perience in the fields of aerospace history,

19 science, or education, or their ability to rep20 resent the entities enumerated under section

21 5(a)(2).

22 (G) Four citizens of the United States, ap23 pointed by the majority leader of the Senate in

24 consultation with the minority leader of the Sen25 ate.
36

•S 1397 RS

1 (H) Four citizens of the United States, ap2 pointed by the Speaker of the House of Rep3 resentatives in consultation with the minority

4 leader of the House of Representatives. Of the in5 dividuals appointed under this subparagraph—

6 (i) one shall be selected from among in7 dividuals recommended by the representa8 tive whose district encompasses the Wright

9 Brothers National Memorial; and

10 (ii) one shall be selected from among

11 individuals recommended by the representa12 tives whose districts encompass any part of

13 the Dayton Aviation Heritage National

14 Historical Park.

15 (c) VACANCIES.—Any vacancy in the Advisory Board

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

17 designation was made.

18 (d) MEETINGS.—Seven members of the Advisory Board

19 shall constitute a quorum for a meeting. All meetings shall

20 be open to the public.

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

22 member appointed under subsection (b)(1)(F) as chair23 person of the Advisory Board.
37

•S 1397 RS

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

2 States mails in the same manner and under the same condi3 tions as a Federal agency.

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

5 Commission on matters related to this Act.

6 (h) PROHIBITION OF COMPENSATION OTHER THAN

7 TRAVEL EXPENSES.—Members of the Advisory Board shall

8 not receive pay, but may receive travel expenses pursuant

9 to the policy adopted by the Commission under section 4(e).

10 (i) TERMINATION.—The Advisory Board shall termi11 nate upon the termination of the Commission.

12 SEC. 13. DEFINITIONS.

13 For purposes of this Act:

14 (1) The term ‘‘Advisory Board’’ means the Cen15 tennial of Flight Federal Advisory Board.

16 (2) The term ‘‘centennial of powered flight’’

17 means the anniversary year, from December 2002 to

18 December 2003, commemorating the 100-year history

19 of aviation beginning with the First Flight and high20 lighting the achievements of the Wright brothers in

21 developing the technologies which have led to the de22 velopment of aviation as it is known today.

23 (3) The term ‘‘Commission’’ means the Centen24 nial of Flight Commission.
38

•S 1397 RS

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

2 respective entity of each entity represented on the

3 Commission or Advisory Board.

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

5 successful manned, free, controlled, and sustained

6 flights by a power-driven, heavier-than-air machine,

7 which were accomplished by Orville and Wilbur

8 Wright of Dayton, Ohio on December 17, 1903 at

9 Kitty Hawk, North Carolina.

10 SEC. 14. TERMINATION.

11 The Commission shall terminate not later than 60

12 days after the submission of the final report required by

13 section 10(b) and shall transfer all documents and material

14 to the National Archives or other appropriate Federal en15 tity.

16 SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

17 There is authorized to be appropriated to carry out

18 this Act $2,000,000 for each of the fiscal years 1999 through

19 2004.