[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1397 Enrolled Bill (ENR)]

        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.
        (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;
        (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.
        (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.
        (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--
        (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
            (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.
    (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 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.

    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.

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.