issued to require compliance with such order.
The appropriate United States district court
shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the
parties, to enforce such order.
‘‘(B) ATTORNEY
FEES.—The court, in
issuing any final order under this paragraph,
may award costs of litigation (including reason-
able attorney and expert witness fees) to any
party whenever the court determines such award
is appropriate.
‘‘(c) MANDAMUS.—Any nondiscretionary duty im-
posed by this section shall be enforceable in a mandamus
proceeding brought under section 1361 of title 28.
‘‘(d) NONAPPLICABILITY
TO
DELIBERATE
VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an
employee of an air carrier who, acting without direction
from such air carrier (or such air carrier’s agent), delib-
erately causes a violation of any requirement relating to
air carrier safety under this subtitle or any other law of
the United States.
‘‘(e) CONTRACTOR DEFINED.—In this section, the term
‘contractor’ means a company that performs safety-sensitive
functions by contract for an air carrier.’’.
(b) CONFORMING AMENDMENT.—The analysis for such
chapter is amended by adding at the end the following:
‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
‘‘42121. Protection of employees providing air safety information.’’.
SEC. 602. CIVIL PENALTY.
Section 46301(a)(1)(A) is amended by striking ‘‘sub-
chapter II of chapter 421’’ and inserting ‘‘subchapter II or
III of chapter 421’’.
TITLE VII—CENTENNIAL OF
FLIGHT COMMISSION
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Centennial of Flight
Commemoration Act’’.
SEC. 702. 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 fly-
ing;
(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, inven-
tiveness, 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 val-
ues of creativity and daring represented by the
Wright brothers are critical to the future of the Na-
tion; and
(6) as the Nation approaches the 100th anniver-
sary of powered flight, it is appropriate to celebrate
and commemorate the centennial year through local,
national, and international observances and activi-
ties.
SEC. 703. ESTABLISHMENT.
There is established a commission to be known as the
Centennial of Flight Commission.
SEC. 704. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 7 members as follows:
(1) The Administrator of the Federal Aviation
Administration (or the designee of the Adminis-
trator).
(2) The Director of the National Air and Space
Museum (or the designee of the Director).
(3) The Administrator of the National Aero-
nautics and Space Administration (or the designee of
the Administrator).
(4) The chairman of the First Flight Centennial
Foundation of North Carolina (or the designee of the
chairman).
(5) The chairman of the 2003 Committee of Ohio
(or the designee of the chairman).
(6) The president of the American Institute of
Aeronautics and Astronautics Foundation of Reston,
Virginia (or the designee of the president).
(7) An individual of national stature who shall
be selected by the members of the Commission des-
ignated under paragraphs (1) through (6).
(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 for members of the Commission and
related advisory panels to receive travel expenses, in-
cluding 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. Mem-
bers who are Federal employees shall not receive trav-
el expenses if otherwise reimbursed by the Federal
Government.
(d) QUORUM.—Three members of the Commission shall
constitute a quorum.
(e) CHAIRPERSON.—The Commission member selected
under subsection (a)(7) shall serve as Chairperson of the
Commission. The Chairperson may not vote on matters be-
fore the Commission except in the case of a tie vote.
(f) ORGANIZATION.—Not 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. 705. DUTIES.
(a) IN GENERAL.—The Commission shall—
(1) represent the United States and take a lead-
ership role with other nations in recognizing the im-
portance of aviation history in general and the cen-
tennial of powered flight in particular, and promote
participation by the United States in such activities;
(2) encourage and promote national and inter-
national participation and sponsorships in com-
memoration of the centennial of powered flight by
persons and entities such as—
(A) aerospace manufacturing companies;
(B) aerospace-related military organiza-
tions;
(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 edu-
cational institutions;
(H) civil, patriotic, educational, sporting,
arts, cultural, and historical organizations and
technical societies;
(I) aerospace-related museums; and
(J) State and local governments;
(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 anniver-
sary of powered flight;