S. 1397

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

An Act

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.

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.—The Commission shall be composed of 6 members, as follows:

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

of the Smithsonian Institution or his designee.

(2) The Administrator of the National Aeronautics and

Space Administration or his designee.

(3) The chairman of the First Flight Centennial Foundation

of North Carolina, or his designee.
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(4) The chairman of the 2003 Committee of Ohio, or his

designee.

(5) As chosen by the Commission, the president or head

of a United States aeronautical society, foundation, or organization of national stature or prominence who will be a person

from a State other than Ohio or North Carolina.

(6) The Administrator of the Federal Aviation Administration, or his designee.

(b) VACANCIES.—Any vacancy in the Commission shall be filled

in the same manner in which the original designation was made.

(c) COMPENSATION.—

(1) PROHIBITION OF PAY.—Except as provided in paragraph

(2), members of the Commission shall serve without pay or

compensation.

(2) TRAVEL EXPENSES.—The Commission may adopt a policy, only by unanimous vote, for members of the Commission

and related advisory panels to receive travel expenses, including

per diem in lieu of subsistence. The policy may not exceed

the levels established under sections 5702 and 5703 of title

5, United States Code. Members who are Federal employees

shall not receive travel expenses if otherwise reimbursed by

the Federal Government.

(d) QUORUM.—Three members of the Commission shall constitute a quorum.

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

of the Commission from the members designated under subsection

(a) (1), (2), or (5). The Chairperson may not vote on matters before

the Commission except in the case of a tie vote. The Chairperson

may be removed by a vote of a majority of the Commission’s members.

(f) ORGANIZATION.—No later than 90 days after the date of

enactment of this Act, the Commission shall meet and select a

Chairperson, Vice Chairperson, and Executive Director.

SEC. 5. DUTIES.

(a) IN GENERAL.—The Commission shall—

(1) represent the United States and take a leadership role

with other nations 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;
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(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) encourage the publication of popular and scholarly

works related to the history of aviation or the anniversary

of 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, the First

Flight Centennial Foundation, or any other organization of national

stature or prominence.

SEC. 6. POWERS.

(a) ADVISORY COMMITTEES AND TASK FORCES.— (1) IN GENERAL.—The Commission may appoint any

advisory committee or task force from among the membership

of the Advisory Board in section 12.

(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 the programs of the Commission. The head

of the Federal department or agency, where appropriate, shall

furnish the information or assistance requested by the Commission, unless prohibited by law.

(3) PROHIBITION OF PAY OTHER THAN TRAVEL EXPENSES.— Members of an advisory committee or task force authorized

under paragraph (1) shall not receive pay, but may receive

travel expenses pursuant to the policy adopted by the Commission under section 4(c)(2).

(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.—Notwithstanding any other provision in

this Act, only 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.
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(2) RESTRICTION.—

(A) IN GENERAL.—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.

(B) FEDERAL SUPPORT.—The Commission shall obtain

property, equipment, and office space from the General

Services Administration or the Smithsonian Institution,

unless other office space, property, or equipment is less

costly.

(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 termination.

(d) 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.—There shall be an Executive Director

appointed by the Commission and chosen from among detailees

from the agencies and organizations represented on 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 under subsections (a) and

(b) of this section.

(d) MERIT SYSTEM PRINCIPLES.—The appointment of the Executive Director or any personnel of the Commission under subsection

(a) or (b) shall be made consistent with the merit system principles

under section 2301 of title 5, United States Code.

(e) STAFF OF FEDERAL AGENCIES.—Upon request by the Chairperson of the Commission, the head of any Federal department

or agency may detail, on either a nonreimbursable or reimbursable

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.

(f) ADMINISTRATIVE SUPPORT SERVICES.—

(1) REIMBURSABLE SERVICES.—The Secretary of the

Smithsonian Institution may provide to the Commission on

a reimbursable basis any administrative support services that

are necessary to enable the Commission to carry out this Act.
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(2) NONREIMBURSABLE SERVICES.—The Secretary may provide administrative support services to the Commission on a

nonreimbursable basis when, in the opinion of the Secretary,

the value of such services is insignificant or not practical to

determine.

(g) COOPERATIVE AGREEMENTS.—The Commission may enter

into cooperative agreements with other Federal agencies, State

and local governments, and private interests and organizations

that will contribute to public awareness of and interest in the

centennial of powered flight and toward furthering the goals and

purposes of this Act.

(h) PROGRAM SUPPORT.—The Commission may receive program

support from the nonprofit sector.

SEC. 8. CONTRIBUTIONS.

(a) DONATIONS.—The Commission may accept donations of personal services and historic materials relating to the implementation

of its responsibilities under the provisions of this Act.

(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 funds (including funds received

from licensing royalties) remaining with 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 under

section 10(b), of historically significant property which was donated

to or acquired by the Commission. Any 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.—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.

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

may be construed to conflict or interfere with established or vested

rights.

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

pursuant to this section shall be used by the Commission to carry

out the duties of the Commission specified by this Act.

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

otherwise specified, shall revert to the Air and Space Museum

of the Smithsonian Institution upon termination of the Commission.

SEC. 10. REPORTS.

(a) ANNUAL REPORT.—In each fiscal year in which the Commission is in existence, the Commission shall prepare and submit

to Congress a report describing the activities of the Commission

during the fiscal year. Each annual report shall also include—
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(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;

(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; and

(5) an accounting of any cooperative agreements and contract agreements entered into by the Commission.

(b) FINAL REPORT.—Not later than June 30, 2004, the Commission shall submit to the President and 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.—

(1) AUDIT.—The Comptroller General of the United States

shall audit on an annual basis the financial transactions of

the Commission, including financial transactions involving

donated funds, in accordance with generally accepted auditing

standards.

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

the Comptroller General—

(A) 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
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(B) 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) FINAL REPORT.—Not later than September 30, 2004, the

Comptroller General of the United States shall submit to the President and to Congress a report detailing the results of any audit

of the financial transactions of the Commission conducted by the

Comptroller General.

SEC. 12. ADVISORY BOARD.

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

Centennial Federal Advisory Board.

(b) NUMBER AND APPOINTMENT.—

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

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

the Secretary.

(B) The Librarian of Congress, or the designee of the

Librarian.

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

of the Secretary.

(D) The Secretary of the Navy, or the designee of

the Secretary.

(E) The Secretary of Transportation, or the designee

of the Secretary.

(F) Six citizens of the United States, appointed by

the President, who—

(i) are not officers or employees of any government

(except membership on the Board shall not be construed to apply to the limitation under this clause);

and

(ii) shall be selected based on their experience

in the fields of aerospace history, science, or education,

or their ability to represent the entities enumerated

under section 5(a)(2).

(G) Four citizens of the United States, appointed by

the majority leader of the Senate in consultation with

the minority leader of the Senate.

(H) Four citizens of the United States, appointed by

the Speaker of the House of Representatives in consultation

with the minority leader of the House of Representatives.

Of the individuals appointed under this subparagraph—

(i) one shall be selected from among individuals

recommended by the representative whose district

encompasses the Wright Brothers National Memorial;

and

(ii) one shall be selected from among individuals

recommended by the representatives whose districts

encompass any part of the Dayton Aviation Heritage

National Historical Park.

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

filled in the same manner in which the original designation was

made.

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

constitute a quorum for a meeting. All meetings shall be open

to the public.
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(e) CHAIRPERSON.—The President shall designate 1 member

appointed under subsection (b)(1)(F) as chairperson of the Advisory

Board.

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

mails in the same manner and under the same conditions as a

Federal agency.

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

on matters related to this Act.

(h) PROHIBITION OF COMPENSATION OTHER THAN TRAVEL

EXPENSES.—Members of the Advisory Board shall not receive pay,

but may receive travel expenses pursuant to the policy adopted

by the Commission under section 4(e).

(i) TERMINATION.—The Advisory Board shall terminate upon

the termination of the Commission.

SEC. 13. DEFINITIONS.

For purposes of this Act:

(1) The term ‘‘Advisory Board’’ means the Centennial of

Flight Federal Advisory Board.

(2) 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.

(3) The term ‘‘Commission’’ means the Centennial of Flight

Commission.

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

entity of each entity represented on the Commission or Advisory

Board.

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

manned, free, controlled, and sustained flights by a powerdriven, heavier-than-air machine, which were accomplished by

Orville and Wilbur Wright of Dayton, Ohio on December 17,

1903 at Kitty Hawk, North Carolina.

SEC. 14. TERMINATION.

The Commission shall terminate not later than 60 days after

the submission of the final report required by section 10(b) and

shall transfer all documents and material to the National Archives

or other appropriate Federal entity.
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SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this Act $250,000 for fiscal year 1999, $600,000 for fiscal year 2000, $750,000

for fiscal year 2001, $900,000 for fiscal year 2002, $900,000 for

fiscal year 2003, and $600,000 for fiscal year 2004.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.