(4) maintain, publish, and distribute a calendar
or register of national and international programs
and projects concerning, and provide a central clear-
inghouse for, information and coordination regarding,
dates, events, and places of historical and commemo-
rative significance regarding aviation history in gen-
eral and the centennial of powered flight in particu-
lar;
(5) provide national coordination for celebration
dates to take place throughout the United States dur-
ing the centennial year;
(6) assist in conducting educational, civic, and
commemorative activities relating to the centennial of
powered flight throughout the United States, espe-
cially 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) publish popular and scholarly works related
to the history of aviation or the anniversary of the
centennial of powered flight.
(b) NONDUPLICATION OF ACTIVITIES.—The Commis-
sion shall attempt to plan and conduct its activities in such
a manner that activities conducted pursuant to this title
enhance, but do not duplicate, traditional and established
activities of Ohio’s 2003 Committee, North Carolina’s First
Flight Centennial Commission, and the First Flight Cen-
tennial Foundation.
SEC. 706. POWERS.
(a) ADVISORY COMMITTEES AND TASK FORCES.—
(1) IN GENERAL.—The Commission may appoint
any advisory committee or task force that it deter-
mines to be necessary to carry out this title.
(2) FEDERAL
COOPERATION.—To ensure the
overall success of the Commission’s efforts, the Com-
mission may call upon various Federal departments
and agencies to assist in and give support to pro-
grams of the Commission. Where appropriate, all
Federal departments and agencies shall provide any
assistance possible.
(3) PROHIBITION OF PAY OTHER THAN TRAVEL
EXPENSES.—Members of an advisory committee or
task force authorized by paragraph (1) shall not re-
ceive pay, but may receive travel expenses pursuant
to the policy adopted by the Commission under sec-
tion 704(c)(2).
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action that the Commission is au-
thorized to take under this title.
(c) AUTHORITY TO PROCURE AND TO MAKE LEGAL
AGREEMENTS.—
(1) IN GENERAL.—The Commission may procure
supplies, services, and property, and make or enter
into leases and other legal agreements in order to
carry out this title.
(2) RESTRICTION.—A contract, lease, or other
legal agreement made or entered into by the Commis-
sion may not extend beyond the date of the termi-
nation of the Commission.
(3) SUPPLIES
AND
PROPERTY
POSSESSED
BY
COMMISSION
AT
TERMINATION.—Any supplies and
property, except historically significant items, that
are acquired by the Commission under this title and
remain in the possession of the Commission on the
date of the termination of the Commission shall be-
come the property of the General Services Adminis-
tration upon the date of termination.
(d) REQUESTS
FOR OFFICIAL INFORMATION.—The
Commission may request from any Federal department or
agency information necessary to enable the Commission to
carry out this title. The head of the Federal department or
agency shall furnish the information to the Commission un-
less the release of the information by the department or
agency to the public is prohibited by law.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same condi-
tions as any other Federal agency.
(f) APPLICABILITY OF CERTAIN LAWS.—Except as oth-
erwise expressly provided by this title, laws relating to the
general operation and management of Federal agencies
shall apply to the Commission only to the extent such laws
apply to the Smithsonian Institution.
SEC. 707. STAFF AND SUPPORT SERVICES.
(a) EXECUTIVE DIRECTOR.—There shall be an Execu-
tive Director appointed by 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 appro-
priate, except that an individual appointed under this sub-
section 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 Commis-
sion 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).
(d) STAFF OF FEDERAL AGENCIES.—Upon request by
the Chairperson of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable
basis, any of the personnel of the department or agency to
the Commission to assist the Commission to carry out its
duties under this title.
(e) EXPERTS AND CONSULTANTS.—The Chairperson of
the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code,
at a rate that does not exceed the daily equivalent of the
annual rate of basic pay payable under level V of the Execu-
tive Schedule under section 5316 of such title.
(f) ADMINISTRATIVE SUPPORT SERVICES.—
(1) REIMBURSABLE SERVICES.—The Secretary of
the Smithsonian Institution may provide to the Com-
mission on a reimbursable basis any administrative
support services that are necessary to enable the Com-
mission to carry out this title.
(2) NONREIMBURSABLE
SERVICES.—The Sec-
retary 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 or grant 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 pow-
ered flight and toward furthering the goals and purposes
of this title.
(h) PROGRAM SUPPORT.—The Commission may re-
ceive program support from the non-profit sector.
SEC. 708. CONTRIBUTIONS.
(a) DONATIONS.—
(1) IN GENERAL.—The Commission may accept
donations of money, personal service, and historic
materials relating to the implementation of its re-
sponsibilities under the provisions of this title.
(2) DONATED FUNDS AND SALES.—Any funds
donated to the Commission or revenues from direct
sales shall be used by the Commission to carry out
this title. Funds donated to and accepted by the Com-
mission under this section shall not be considered to
be appropriated funds and shall not be subject to any
requirements or restrictions applicable to appro-
priated funds.
(3) FUNDRAISING.—Any fundraising undertaken
by the Commission shall be coordinated with fund-
raising undertaken at the State level, and coordinated
with the First Flight Centennial Commission, the
First Flight Centennial Foundation of North Caro-
lina, and the 2003 Committee of Ohio.
(b) VOLUNTEER SERVICES.—Notwithstanding section
1342 of title 31, United States Code, the Commission may
accept and use voluntary and uncompensated services as
the Commission determines necessary.
(c) REMAINING FUNDS.—Any donated funds remain-
ing with the Commission on the date of the termination
of the Commission may be used to ensure proper disposi-
tion, as specified in the final report required under section
710(b), of historically significant property which was do-
nated to or acquired by the Commission. Any donated funds
remaining after such disposition shall be transferred to the
Secretary of the Treasury for deposit into the general fund
of the Treasury of the United States.
(d) SENSE OF CONGRESS.—It is the sense of Congress
that, in raising or accepting funds from the private sector,
the Commission should not compete against fundraising ef-
forts by non-profit organizations that were initiated before
the date of enactment of this Act and that are attempting
to raise funds for nationally-significant commemorative
projects related to the Wright brothers.
SEC. 709. 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 estab-
lished or vested rights.
(d) USE OF FUNDS.—Funds donated to, or raised by,
the Commission under section 708 and licensing royalties
received pursuant to section 709 shall be used by the Com-
mission to carry out the duties of the Commission specified
by this title. If the Commission determines that such funds
are in excess of the amount needed to carry out these duties,
funds may be made available to State and local govern-
ments and private interests and organizations to contribute
to public awareness of and interest in the centennial of pow-
ered flight. Funds disbursed under this section shall be re-
quired to be disbursed in accordance with a plan adopted
unanimously by the voting members of the Commission.
(e) LIMITATION ON FUNDS COLLECTED.—Except as
approved by a unanimous vote of the voting members of
the Commission, funds donated to, or raised by, the Com-
mission under section 708 and licensing royalties received
pursuant to section 709 may not exceed $1,750,000 in a
fiscal year.
SEC. 710. REPORTS.
(a) ANNUAL REPORT.—In each fiscal year in which
the Commission is in existence, the Commission shall pre-
pare and submit to Congress a report describing the activi-
ties of the Commission during the fiscal year. Each annual
report shall also include—
(1) recommendations regarding appropriate ac-
tivities to commemorate the centennial of powered
flight, including—
(A) the production, publication, and dis-
tribution of books, pamphlets, films, and other
educational materials;
(B) 
bibliographical 
and 
documentary
projects and publications;
(C) conferences, convocations, lectures, semi-
nars, and other similar programs;
(D) the development of exhibits for libraries,
museums, and other appropriate institutions;
(E) ceremonies and celebrations commemo-
rating 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 commemo-
rative coins, medals, and stamps by the United States
relating to aviation or the centennial of powered
flight;
(3) recommendations for any legislation or ad-
ministrative action that the Commission determines
to be appropriate regarding the commemoration of the
centennial of powered flight; and
(4) an accounting of funds received and ex-
pended by the Commission in the fiscal year that the
report concerns, including a detailed description of
the source and amount of any funds donated to the
Commission in the fiscal year.
(b) FINAL REPORT.—Not later than June 30, 2004,
the Commission shall submit to the President and Congress
a final report. The final report shall contain—
(1) a summary of the activities of the Commis-
sion;
(2) a final accounting of funds received and ex-
pended by the Commission;
(3) any findings and conclusions of the Commis-
sion; 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 708(a)(1).
SEC. 711. AUDIT OF FINANCIAL TRANSACTIONS.
(a) IN GENERAL.—
(1) AUDIT.—The Comptroller General of the
United States shall audit the financial transactions of
the Commission, including financial transactions in-
volving 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
(B) shall be afforded full facilities for veri-
fying the financial transactions of the Commis-
sion, including access to any financial records or
securities held for the Commission by deposi-
tories, fiscal agents, or custodians.
(b) 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 Commis-
sion conducted by the Comptroller General.
SEC. 712. ADVISORY BOARD.
(a) ESTABLISHMENT.—There is established a First
Flight Centennial Federal Advisory Board.
(b) NUMBER AND APPOINTMENT.—The Board shall be
composed of 19 members as follows:
(1) The Secretary of the Interior, or the designee
of the Secretary.
(2) The Librarian of Congress, or the designee of
the Librarian.
(3) The Secretary of the Air Force, or the des-
ignee of the Secretary.
(4) The Secretary of the Navy, or the designee of
the Secretary.
(5) The Secretary of Transportation, or the des-
ignee of the Secretary.
(6) Six citizens of the United States, appointed
by the President, who—
(A) are not officers or employees of any gov-
ernment (except membership on the Board shall
not be construed to apply to the limitation under
this clause); and
(B) shall be selected based on their experi-
ence in the fields of aerospace history, science, or
education, or their ability to represent the enti-
ties enumerated under section 705(2).
(7) Four citizens of the United States, appointed
by the majority leader of the Senate in consultation
with the minority leader of the Senate.
(8) 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—
(A) one shall be selected from among indi-
viduals recommended by the representative whose
district encompasses the Wright Brothers Na-
tional Memorial; and
(B) one shall be selected from among indi-
viduals recommended by the representatives
whose districts encompass any part of the Day-
ton 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.
(e) CHAIRPERSON.—The President shall designate 1
member appointed under subsection (b)(1)(F) as chair-
person of the Advisory Board.
(f) MAILS.—The Advisory Board may use the United
States mails in the same manner and under the same condi-
tions as a Federal agency.
(g) DUTIES.—The Advisory Board shall advise the
Commission on matters related to this title.
(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
704(c)(2).
(i) TERMINATION.—The Advisory Board shall termi-
nate upon the termination of the Commission.
SEC. 713. DEFINITIONS.
In this title, the following definitions apply:
(1) 
COMMISSION.—The 
term 
‘‘Commission’’
means the Centennial of Flight Commission.
(2) FIRST
FLIGHT.—The term ‘‘First Flight’’
means the first four successful manned, free, con-
trolled, and sustained flights by a power-driven, heav-
ier-than-air machine, which were accomplished by
Orville and Wilbur Wright on December 17, 1903.
(3) CENTENNIAL
OF
POWERED
FLIGHT.—The
term ‘‘centennial of powered flight’’ means the anni-
versary year, from December 2002 to December 2003,
commemorating the 100-year history of aviation be-
ginning 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.
(4) ADVISORY
BOARD.—The term ‘‘Advisory
Board’’ means the Centennial of Flight Federal Advi-
sory Board.
SEC. 714. TERMINATION.
The Commission shall terminate not later than 60
days after the submission of the final report required by
section 710(b).
SEC. 715. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this title $250,000 for each of the fiscal years 1999 through
2004.
TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 801. CLARIFICATION OF REGULATORY APPROVAL
PROCESS.
Section 106(f)(3)(B) is amended by adding at the end
the following:
‘‘(v) Not later than 10 days after the date
of the determination of the Administrator under
clause (i), the Administrator shall transmit to
the Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Transportation and Infrastructure of the
House of Representatives a written justification
of the reasons for the determination. The jus-
tification shall include a citation to the item or
items listed in clause (i) that is the authority on
which the Administrator is relying for making
the determination.’’.
SEC. 802. DUTIES AND POWERS OF ADMINISTRATOR.
Section 
106(g)(1)(A) 
is 
amended 
by 
striking
‘‘40113(a), (c), and (d),’’ and all that follows through
‘‘45302–45304,’’ 
and 
inserting 
‘‘40113(a), 
40113(c),
40113(d), 40113(e), 40114(a), and 40119, chapter 445 (ex-
cept 
sections 
44501(b), 
44502(a)(2), 
44502(a)(3),
44502(a)(4), 44503, 44506, 44509, 44510, 44514, and
44515), chapter 447 (except sections 44717, 44718(a),
44718(b), 44719, 44720, 44721(b), 44722, and 44723),
chapter 449 (except sections 44903(d), 44904, 44905,
44907–44911, 44913, 44915, and 44931–44934), chapter
451, chapter 453, sections’’.
SEC. 
803. 
PROHIBITION 
ON 
RELEASE 
OF 
OFFEROR
PROPOSALS.
Section 40110 is amended by adding at the end the
following:
‘‘(d) PROHIBITION ON RELEASE OF OFFEROR PROPOS-
ALS.—
‘‘(1) GENERAL
RULE.—Except as provided in
paragraph (2), a proposal in the possession or control
of the Administrator may not be made available to
any person under section 552 of title 5, United States
Code.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to any portion of a proposal of an offeror the
disclosure of which is authorized by the Administrator
pursuant to procedures published in the Federal Reg-
ister. The Administrator shall provide an opportunity
for public comment on the procedures for a period
of not less than 30 days beginning on the date of such
publication in order to receive and consider the views
of all interested parties on the procedures. The proce-
dures shall not take effect before the 60th day follow-
ing the date of such publication.
‘‘(3) PROPOSAL
DEFINED.—In this subsection,
the term ‘proposal’ means information contained in
or originating from any proposal, including a tech-
nical, management, or cost proposal, submitted by an
offeror in response to the requirements of a solicita-
tion for a competitive proposal.’’.
SEC. 804. MULTIYEAR PROCUREMENT CONTRACTS.
Section 40111 is amended—
(1) by redesignating subsections (b) through (d)
as subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) 
TELECOMMUNICATIONS
SERVICES.—Notwith-
standing section 1341(a)(1)(B) of title 31, the Adminis-
trator may make a contract of not more than 10 years for
telecommunication services that are provided through the