Centennial of Flight Commemoration Act
PL 105-389 (S.1397), enacted 11/13/1998

112 STAT. 3486 
PUBLIC LAW 105-389—NOV. 13, 1998 
Public Law 105-389 
105th Congress 
An Act 
Nov. 13, 1998 
To establish a commission to assist ia commemoration of the centennial of powered 
[S 1397] 
flight and the achievements of the Wright brothers. 
Be it enacted by the Senate and House of Representatives 
of 
Centennial of 
the United States of America in Congress assembled, 
K e m o r a t i o n 
SECTION 1. SHORT TITLE. 
^J?*rTco -. An ^ 
This Act may be cited as the "Centennial of FHght Commemora-
36 u s e 143 note, 
^j^n Act". 
36 u s e 143 note. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) December 17, 2003, is the 100th anniversary of the 
first successful manned, fi:ee, 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 chamged 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. 
36 u s e 143 note. 
SEC. 3. ESTABUSHMENT. 
There is established a commission to be known as the Centen-
nial of Flight Commission. 
36 u s e 143 note. 
SEC. 4. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission shall be com-
posed 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. 
PUBLIC LAW 105-389—NOV. 13, 1998 
112 STAT. 3487 
(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 organiza-
tion 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 Administra-
tion, 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) PROHmmoN OP 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 pol-
icy, only by unanimous vote, for members of the Commission 
and related advisory panels to receive travel expenses, including 
per diem in Ueu of subsistence. The policy may not exceed 
the levels estabUshed 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 con-
stitute a quorrun. 
(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 mem-
bers. 
(f) ORGANIZATION.—No later than 90 days after the date of Deadline, 
enactment of this Act, the Commission shall meet and select a 
Chairperson, Vice Chairperson, and Executive Director. 
SEC. 5. DUTIES. 
36 USC 143 note. 
(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 centen-
nial of powered flight by persons and entities such as— 
(A) aerospace manufacturing companies; 
(B) aerospace-related miUtary 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, secondeuy, 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; 
112 STAT. 3488 
PUBLIC LAW 105-389—NOV. 13, 1998 
Publication. 
Records. 
(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 commemora-
tive 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 dupli-
cate, traditional and established activities of Ohio's 2003 Commit-
tee, 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 Commis-
sion, 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 Commis-
sion 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 AGREE-
MENTS.— 
(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. 
PUBLIC LAW 105-389—NOV. 13, 1998 
112 STAT. 3489 
(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. 
36 USC 143 note. 
(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 Commis-
sion. 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) iNAPPLICABILrrY 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 vsdthout 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 Execu-
tive 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 Chair-
person of the Commission, the head of any Federal department 
or agency may detail, on either a nonreimbursable or reimbiu*sable 
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. 
112 STAT. 3490 
PUBLIC LAW 105-389—NOV. 13, 1998 
(2) NoNREiMBxmsABLE SERVICES.—^The Secretary may pro-
vide administrative support services to the Commission on a 
nonreimbursable basis when, in the opinion of the Secretary, 
the v£due 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, 
36 use 143 note. 
SEC. 8. CONTRIBUTIONS. 
(a) DONATIONS.—The Commission may accept donations of per-
sonal 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 deter-
mines necessary. 
(c) REMAINING FUNDS.—^Any funds (including funds received 
from hcensing 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. 
36 use 143 note. 
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 exclu-
sive right to use, or to allow or refuse the use of, the name "Centen-
nial 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 Commis-
sion 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— 
PUBLIC LAW 105-389—NOV. 13, 1998 
112 STAT. 3491 
(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 spe-
cific 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, includ-
ing 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 con-
tract agreements entered into by the Commission. 
(b) FINAL REPORT.—^Not later than June 30, 2004, the Commis- Deadline, 
sion shall submit to the President and Congress a final report. President. 
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 disposi-
tion 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. 
36 USC 143 note. 
(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 
112 STAT. 3492 
PUBLIC LAW 105-389—NOV. 13, 1998 
(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 Commis-
sion by depositories, fiscal agents, or custodians. 
DeadUne. 
(b) FiNAL REPORT.—^Not later than September 30, 2004, the 
President. 
Comptroller General of the United States shall submit to the Presi-
dent 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 mem-
bers 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. 
President. 
(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 con-
strued 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. 
PUBLIC LAW 105-389—NOV. 13, 1998 
112 STAT. 3493 
(e) CHAIRPERSON.—^The President shall designate 1 member President. 
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 
OP 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. 
36 USC 143 note. 
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 power-
driven, 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. 
36 USC 143 note. 
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. 
112 STAT. 3494 
PUBLIC LAW 105-389—NOV. 13, 1998 
36 u s e 143 note. 
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. 
Approved November 13, 1998. 
LEGISLATIVE fflSTORY—S. 1397: 
SENATE REPORTS: No. 105-294 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 22, considered and passed Senate. 
Oct. 14, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Nov. 13, Presidential statement.