[Congressional Record Volume 144, Number 127 (Tuesday, September 22, 1998)]
[Senate]
[Pages S10733-S10737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 CENTENNIAL OF FLIGHT COMMEMORATION ACT

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 532, S. 1397.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1397) to establish a commission to assist in 
     commemoration of the centennial of powered flight and the 
     achievements of the Wright brothers.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Governmental 
Affairs, with an amendment to strike all after the enacting clause and 
inserting in lieu thereof the following:

     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.

[[Page S10734]]

       (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.

[[Page S10735]]

       (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 $2,000,000 for each of the fiscal years 1999 through 
     2004.


                           Amendment No. 3613

 (Purpose: To amend the Committee Amendment to S. 1397, The Centennial 
                      of Flight Commemoration Act)

  Mr. GRASSLEY. Mr. President, Senator Helms has an amendment at the 
desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Iowa [Mr. Grassley] for Mr. Helms, for 
     himself and Mr. Glenn, proposes an amendment numbered 3613.

  Mr. GRASSLEY. I ask unanimous consent that reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       In the Committee Amendment on page 38 strike lines 17 
     through 19 and insert the following: ``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.''

  Mr. GRASSLEY. Mr. President, I ask unanimous consent the amendment be 
agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3613) was agreed to.
  Mr. GRASSLEY. I ask unanimous consent that the committee substitute 
be agreed to, the bill be considered read a third time and passed, the 
motion to reconsider be laid upon the table, and that any statements 
relating to the bill be printed at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee substitute amendment, as amended, was agreed to.
  The bill (S. 1397), as amended, was considered read the third time 
and passed as follows:

                                S. 1397

       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;

[[Page S10736]]

       (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;

[[Page S10737]]

       (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.

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