[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1397 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 1397

_______________________________________________________________________

                                 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 non-profit 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.

            Passed the Senate September 22, 1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 1397

_______________________________________________________________________

                                 AN ACT

To establish a commission to assist in commemoration of the centennial 
     of powered flight and the achievements of the Wright brothers.