[Senate Report 106-105]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 202
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-105
_______________________________________________________________________






                 CENTENNIAL OF FLIGHT CORRECTIONS ACT


                                OF 1999

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1072

TO MAKE CERTAIN TECHNICAL AND OTHER CORRECTIONS RELATING TO THE 
  CENTENNIAL OF FLIGHT COMMEMORATION ACT (36 U.S.C. 143 NOTE; 112 STAT. 
  3486, ET SEQ.)




                  July 8, 1999.--Ordered to be printed

   Filed under authority of the order of the Senate of June 29, 1999

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
69-010                     WASHINGTON : 1999


                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                   FRED THOMPSON, Tennessee, Chairman
WILLIAM V. ROTH, Jr., Delaware       JOSEPH I. LIEBERMAN, Connecticut
TED STEVENS, Alaska                  CARL LEVIN, Michigan
SUSAN M. COLLINS, Maine              DANIEL K. AKAKA, Hawaii
GEORGE V. VOINOVICH, Ohio            RICHARD J. DURBIN, Illinois
PETE V. DOMENICI, New Mexico         ROBERT G. TORRICELLI, New Jersey
THAD COCHRAN, Mississippi            MAX CLELAND, Georgia
ALLEN SPECTER, Pennsylvania          JOHN EDWARDS, North Carolina
JUDD GREGG, New Hampshire
             Hannah S. Sistare, Staff Director and Counsel
                       Johanna L. Hardy, Counsel
      Joyce A. Rechtschaffen, Minority Staff Director and Counsel
            Deirdre A. Foley, Minority Congressional Fellow
                 Darla D. Cassel, Administrative Clerk

                                                       Calendar No. 202
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-105

======================================================================



 
              CENTENNIAL OF FLIGHT CORRECTIONS ACT OF 1999

                                _______
                                

                  July 8, 1999.--Ordered to be printed

   Filed under authority of the order of the Senate of June 29, 1999

                                _______


Mr. Thompson, from the Committee on Governmental Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1072]

                                CONTENTS

  I. Purpose and Summary..............................................1
 II. Background.......................................................1
III. Legislative History..............................................5
 IV. Section-by-Section Analysis......................................5
  V. Estimated Cost of Legislation....................................6
 VI. Evaluation of Regulatory Impact..................................7
VII. Changes in Existing Law..........................................7

                         I. Purpose and Summary

    The purpose of S. 1072, the Centennial of Flight 
Corrections Act of 1999, is to make certain technical and other 
corrections relating to the Centennial of Flight Commemoration 
Act of 1998.

                             II. Background

    In the 105th Congress, Sen. Helms (R-NC) introduced S. 1397 
for himself, Sen. DeWine (R-OH), and former Senators Glenn (D-
OH) and Faircloth (R-NC). The purpose of S. 1397 was to 
establish a commission in commemoration of the centennial of 
powered flight and the achievements of the Wright brothers. The 
bill was inspired by the story of the Wright brothers--two bike 
shop owners from Dayton, Ohio who engaged in the first powered 
flight in Kitty Hawk, North Carolina almost a century ago.
    The Commission consists of the Director of the National Air 
and Space Museum, the Administrator of the National Aeronautics 
and Space Administration, the chairman of the First Flight 
Centennial Foundation of North Carolina, the chairman of the 
2003 Committee of Ohio, the president or head of a U.S. 
aeronautical society, foundation, or organization of national 
stature not from North Carolina or Ohio (to be chosen by the 
Commission), and the Administrator of the Federal Aviation 
Administration.

                     Issues Raised by the President

    On November 13, 1998, S. 1397 was signed into law by 
President Clinton as P. L. 105-389. Although the President 
signed the bill into law, he simultaneously issued a statement 
which highlighted constitutional and conflicts of interest 
concerns with the structure of the Commission. Following Senate 
passage of S. 1397 by voice vote, the Office of Government 
Ethics (OGE) contacted Committee staff with general concerns 
relating to possible conflicts of interest affecting the 
private members of the Commission. The House subsequently 
passed S. 1397 unmodified by voice vote and it was signed into 
law by the President. It was not until President Clinton issued 
his statement that the Administration voiced concern about 
specific conflicts of interest and constitutional problems. 
Specifically, the President stated:

          I am advised by the Department of Justice that 
        section 9 of S. 1397, which authorizes the commission 
        to devise a logo and regulate and license its use, is 
        inconsistent with the Appointments Clause of the 
        Constitution and that, accordingly, these functions may 
        not be performed by the commission as it is currently 
        organized. Similarly, although section 5(a)(3) directs 
        the commission to ``plan and develop'' its own 
        commemorative activities, the commission may not itself 
        implement such activities because of Appointments 
        Clause concerns. Finally, I also understand that the 
        statute poses potential conflicts of interest problems. 
        In contracting and in selecting an executive staff 
        director and staff members (who will be considered 
        Federal employees), the commission will need to take 
        appropriate actions to avoid such conflicts. My 
        Administration will work closely with the Congress to 
        address these issues in future legislation.

    The Department of Justice (DOJ) was of the opinion that the 
Commission would be engaging in executive branch functions and, 
thus, that the Commission members needed to be Presidentially 
appointed. The legislation named specific office-holders for 
the Commission. Although the Committee on Governmental Affairs 
had restricted the Commission from providing grants to private 
entities, OGE asserted that there were still possible conflicts 
of interest involving other Commission activities that may 
affect the respective private entities.
    The Committee on Governmental Affairs, however, had modeled 
the Commission after previously established Commissions and had 
taken additional steps to guard against ethics problems that 
arose in previous Commissions. There had been numerous 
commissions established over the years for various reasons such 
as research and commemoration. According to the Congressional 
Research Service, there were at least 8 Federal commemoration 
commissions in the last 15 years.
    According to the General Accounting Office (GAO), the 
structure of these prior commissions created several problems 
including the mis-management of funds and excessive hiring of 
consultants. In order to guard against these problems the 
Committee on Governmental Affairs (1) attempted to ensure the 
Commission represented a balance between local and national 
interests, (2) set limits on the size and number of committees 
and task forces the Commission could set up, (3) ensured only 
the Commission, not its agents, could enter into legal 
agreement or procure services, (4) required the Commission to 
obtain equipment and office space through the General Services 
Administration (GSA) or the Smithsonian Institute unless 
equipment and office space could be obtained at a lower cost, 
(5) required all personnel, including the Executive Director, 
be hired in accordance with merit system principles, (6) 
prohibited the Commission from hiring experts or consultants, 
(6) restricted the Commission to appropriated funds, (7) 
prohibited the Commission from dispersing funds to private 
entities, (8) required the Commission to report annually to 
Congress, (9) directed the Inspector General of GSA to audit 
the Commission, and (10) required all historically significant 
material obtained by the Commission be given to the National 
Archives or other appropriate federal entity upon termination 
of the Commission.
    Since the enactment of the Act, the Commission has been 
appropriated funds through the FY1999 Omnibus Appropriations 
Act, P.L. 105-277. The Commission has met but has not engaged 
in any activities for fear of legal and ethical repercussions 
in light of the President's statement. For these reasons, the 
Committee on Governmental Affairs began work in the 106th 
Congress with Senators Helms, DeWine, Voinovich (R-OH), Edwards 
(D-NC), Representative Tony Hall (R-OH), the Office of 
Government Ethics (OGE), and the Department of Justice (DOJ) to 
address the problems outlined in the statement by the 
President.

         Solutions to Appointments Clause and Conflicts Issues

    At the heart of the constitutional problem was the 
assertion that the Commission would be engaging in executive 
functions but that none of the Commission members were 
appointed by the President, in violation of Article II section 
2 of the United States Constitution. In light of this, S. 1072 
removes all executive functions from the Commission and 
transforms the Commission into an advisory commission governed 
by the Federal Advisory Committee Act (FACA). As a FACA 
commission, it will provide advice and recommendations to the 
President, Congress, and Federal agencies on issues relating to 
the celebration of the centennial of powered flight.
    At the request of the Department of Justice (DOJ), the 
language allowing the Commission to represent the United States 
at international events was changed to language proposed by 
DOJ. DOJ concluded that it was inappropriate for this 
Commission to ``represent'' the United States. However, at the 
suggestion of DOJ, S. 1072 allows the Commission members to 
attend international activities to advise official United 
States representatives or to provide information about the 
activities of the Commission. The Commissioners will also be 
able to advise the United States on ways to help facilitate 
international recognition of the importance of aviation history 
and the centennial of flight.
    In addition to making the Commission advisory and making it 
clear it does not ``represent'' the United States, there were 
additional duties both OGE and DOJ felt should be modified 
because they were executive functions and presented conflicts 
problems. They related to entering into contractual agreements. 
S. 1072 addresses these concerns by allowing only the 
Administrator of the National Aeronautics and Space 
Administration (NASA) or the Administrator of the Federal 
Aviation Administration (FAA) to enter into procurement or 
otherlegal agreements on behalf of the Commission. Further, the 
NASA Administrator, in consultation with the Commission, will develop 
and license the official logo or emblem of the Commission.
    These amendments also restrict these non-Executive Branch 
Commissioners from making any personnel decisions, including 
those related to the selection of the Executive Director. These 
decisions include hiring, termination, and conditions of 
employment. The Commission staff and the Executive Director 
would be considered Federal employees.

                             Other Changes

    In addition to the changes taken in response to the 
Administration's concerns, the Committee made other changes to 
the original Act. For example, S. 1072 clarifies the fact that 
those listed on the Commission and the Advisory Board can not 
designate another to sit in his or her place. Each Commissioner 
and the appropriate Advisory Board members may select 
alternates to vote on their behalf; however, the Commissioner 
or Advisory Board member is the official member and as such is 
responsible for how the alternative votes. This was done to 
ensure that Commissioners and Advisory Board members understood 
that they could not replace themselves.
    An additional duties section was added at the request of 
Representative Tony Hall. The concern related to the fact that 
the General Services Administration (GSA), which oversees the 
operation of FACA commissions, would strictly construe the 
statute. This meant that the Commission would not be able to 
engage in the listed activities unless the statute explicitly 
allowed it. These non-executive and non-advisory functions were 
included to allow the Commission to more effectively advise and 
make recommendations to the appropriate entities. Each item 
listed is intended to help facilitate the Commission's ability 
to collect the necessary information it needs to carry out its 
duties. Further, the requirement that the NASA Administrator or 
FAA Administrator procure and enter into legal agreements on 
behalf of the Commission will allow each of them to oversee 
these additional duties since many of the listed duties will 
require the Commission to procure services or sign contracts.
    Licensing royalties received by the Commission must first 
be used by the Commission to carry out its duties under the 
Act. Any excess funds are to be transferred to NASA to 
commemorate the history of aviation or the centennial of 
powered flight.
    Finally, the description of the type of persons appointed 
by the President to the Advisory Board was changed. Congress 
wanted to ensure that the persons appointed to the Advisory 
Board are adequately trained and experienced in the relevant 
fields. Amendments to the Advisory Board require that the 
President's appointees, among other things, have either an 
advanced degree related to aerospace history or science or 
active experience in those areas during the 5-years prior to 
appointment.

                        III. Legislative History

    S. 1072 was introduced in the Senate by Senator DeWine on 
May 18, 1999 for himself and Senators Helms and Voinovich. The 
Senate Committee on Governmental Affairs considered S. 1072 on 
May 20, 1999. The Committee voted to order the bill reported by 
voice vote.

                    IV. Section-by-Section Analysis

    Section 1, Paragraph 1 strikes the term ``or his designee'' 
from the description of the membership of the Commission and 
adds language stating that the private-sector commissioners are 
to represent their respective entities on the commission. It 
further states that each commissioner may designate an 
alternate who may act in lieu of the respective member.
    Paragraph 2 states that instead of the Commission engaging 
in the listed activities, the Commission will provide 
recommendations and advice to the President, Congress, and 
Federal agencies on effective ways to do the listed activities. 
Paragraph 2 also does not allow commissioners to represent the 
United States at international activities but rather allows 
them to attend and advise the United States on gaining 
international recognition on the importance of aviation history 
and powered flight. In addition, paragraph 2 adds additional 
duties such as assembling a calendar of events, soliciting 
information, disseminating the calendar, maintaining a web page 
on the Internet, writing press releases, conducting media 
interviews, contacting private entities with interests in 
aviation history, providing advice to private entities, 
encouraging organizations to publish related works, and 
sponsoring meetings.
    Paragraph 3 makes some minor technical corrections to the 
Section 6 of the original Act related to Powers.
    Paragraph 4 provides only the Administrator of NASA or the 
Administrator of FAA with the authority to procure and make 
legal agreements on behalf of the Commission.
    Paragraph 5 allows the executive Director to be chosen from 
among the detailees from the agencies and organizations on the 
Commission as well as from the agencies listed in section 
12(b)(1) (A) through (E) of the original Act. This includes 
Interior Department, Library of Congress, Air Force, Navy, and 
Department of Transportation. Paragraph 5 also restricts the 
private members of the commission from participating in any 
personnel decisions including hiring, termination, and setting 
terms and conditions of employment.
    Paragraph 6 authorizes the Administrator of NASA, in 
consultation with the Commission, to devise a logo and to 
exercise sole and exclusive right to use the logo. Paragraph 6 
also allows the Commission to use funds generated by the 
licensing of the logo and to transfer any excess funds to NASA.
    Paragraph 7 includes conforming amendments.
    Paragraph 8 strikes ``or the designee of the Secretary'' 
and ``or the designee of the Librarian'' in the appropriate 
places. It also allows, as with the Commissioners, the 
appropriate Advisory Board members to select alternates. It 
also requires that the six citizens chosen by the President, 
among other things, have earned an advanced degree related to 
aerospace history or science, or have actively and primarily 
worked in an aerospace related field during the 5-year period 
before appointment by the President. It also requires that the 
Presidential appointees represent 1 or more of the persons or 
groups enumerated under section 5(a)(1) of the original Act.

                    V. Estimated Cost of Legislation

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 27, 1999.
Hon. Fred Thompson,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1072, a bill to make 
certain technical and other corrections relating to the 
Centennial of Flight Commemoration Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1072--A bill to make certain technical and other corrections 
        relating to the Centennial of Flight Commemoration Act

    S. 1072 would amend the Centennial of Flight Commemoration 
Act (Public Law 105-389) to make a number of technical 
corrections, as well as authorize the Centennial of Flight 
Commission, which Public Law 105-389 established, to conduct 
certain publicity and public awareness activities associated 
with the observance of the 100th anniversary of powered flight 
on December 17, 2003. CBO estimates that implementing S. 1072 
would result in no significant costs to the federal government.
    The bill would direct the commission to transfer funds that 
are excess to its needs to the National Aeronautics and Space 
Administration (NASA) and would require that NASA use the funds 
to commemorate the history of aviation or the centennial of 
powered flight. Public Law 105-277 appropriated $250,000 to the 
commission for fiscal year 1999. Because S. 1072 could result 
in NASA spending, without further appropriation action, funds 
that might otherwise lapse at the end of this year, pay-as-you-
go procedures would apply. Any increase in net outlays from the 
transfer and use of excess 1999 funds would be negligible.
    S. 1072 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on the budgets of state, local, or tribal 
governments.
    The CBO staff contact is John R. Righter. This estimate was 
approved by Paul N. Van de Water, Assistant Director for Budget 
Analysis.

                         VI. Regulatory Impact

    Paragraph 11(b)(1) of rule XXVI of the Standing Rules of 
the Senate requires that each report accompanying a bill 
evaluate ``the regulatory impact which would be incurred in 
carrying out this bill.'' The enactment of this legislation 
will not have significant regulatory impact.

                      VII. Changes to Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic and existing law in which no change is proposed is shown 
in roman):

                           Public Law 105-389


             CENTENNIAL OF FLIGHT COMMEMORATION ACT OF 1998


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

           *       *       *       *       *       *       *


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] to 
        represent the interests of the Foundation.
          (4) The chairman of the 2003 Committee of Ohio[, or 
        his designee] to represent the interests of the 2003 
        Committee.
          (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 and shall represent the 
        interests of such aeronautical entities.
          (6) the Administrator of the Federal Aviation 
        Administration[, or his designee].
    (b) Alternates.--Each member described under subsection (a) 
may designate an alternate who may act in lieu of the member to 
the extent authorized by the member, including attending 
meetings and voting.
    [(b)] (c) * * *
    [(c)] (d) * * *
    [(d)] (e) * * *
    [(e)] (f) * * *

SEC. 5 DUTIES.

    (a) In General.--The Commission shall provide 
recommendations and advice to the President, Congress, and 
Federal agencies on the most effective ways to--
          [(1) represent the United States and take a 
        leadership role with other nations inrecognizing 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)] (1) encourage and promote national and 
        international participation and sponsorships in 
        commemoration of the centennial of powered flight by 
        persons and entities such as-- * * *

           *       *       *       *       *       *       *

          [(3)] (2) * * *
          [(4)] (3) * * *
          [(5)] (4) * * *
          [(6)] (5) * * *
          [(7)] (6) * * *
    (b) International Activities.--The Commission may--
          (1) advise the United States with regard to gaining 
        support for and facilitating international recognition 
        of the importance of aviation history in general and 
        the centennial of powered flight in particular; and
          (2) attend international meetings regarding such 
        activities as advisors to official United States 
        representatives or to gain or provide information for 
        or about the activities of the Commission.
    [(b)] (c) * * *
    (d) Additional Duties.--The Commission may--
          (1)(A) assemble, write, and edit a calendar of events 
        in the United States (and significant events in the 
        world) dealing with the commemoration of the centennial 
        of flight or the history of aviation;
          (B) actively solicit event information; and
          (C) disseminate the calendar by printing and 
        distributing hard and electronic copies and making the 
        calendar available on a web page on the Internet;
          (2) maintain a web page on the Internet for the 
        public that includes activities related to the 
        centennial of flight celebration and the history of 
        aviation;
          (3) write and produce press releases about the 
        centennial of flight celebration and the history of 
        aviation;
          (4) solicit and respond to media inquiries and 
        conduct media interviews on the centennial of flight 
        celebration and the history of aviation;
          (5) initiate contact with individuals and 
        organizations that have an interest in aviation to 
        encourage such individuals and organizations to conduct 
        their own activities in celebrations of the centennial 
        of flight;
          (6) provide advice and make recommendations to 
        individuals and organizations that wish to conduct 
        their own activities in celebration of the centennial 
        of flight, and maintain files of information and lists 
        of experts on related subjects that can be disseminated 
        on request;
          (7) sponsor meetings of Federal agencies, States and 
        local governments, and private individuals and 
        organizations for the purpose of coordinating their 
        activities in celebration of the centennial of flight; 
        and
          (8) encourage organizations to publish works related 
        to the history of aviation.

SEC. 6. POWERS.

    (a) Advisory Committees and Task Forces.--
          (1) In General.--* * *
          (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] a Federal 
        department or agency, where appropriate, shall furnish 
        [the information] 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)] 
        section 4(d)(2).
    (c) Authority to Procure and To Make Legal Agreements.--
          (1) In General.--Notwithstanding any other provision 
        in this Act, only [the Commission may] the 
        Administrator of the National Aeronautics and Space 
        Administration or the Administrator of the Federal 
        Aviation Administration (or an employee of the 
        respective administration as designated by either 
        Administrator) may, on behalf of the Commission, 
        procure supplies, services, and property, and make or 
        enter into leases and other legal agreements in order 
        to carry out this Act.

           *       *       *       *       *       *       *


SEC. 7. STAFF AND SUPPORT SERVICES.

    (a) Executive Director.--[There] Subject to subsection (h), 
there shall be an Executive Director appointed by the 
Commission and chosen from among detailees from the agencies 
and organizations represented on the Commission or represented 
on the Advisory Board under section 12(b)(1) (A) through (E). * 
* *
    (b) Staff.--[The Commission] Subject to subsection (h), the 
Commission may appoint and fix the pay of any additional 
personnel that it considers appropriate, * * *

           *       *       *       *       *       *       *

    [(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)] (g) Program Support.--* * *
    (h) Limitation.--Each member of the Commission described 
under section 4(a)(3), (4), and (5) may not make personnel 
decisions, including hiring, termination, and setting terms and 
conditions of employment.

           *       *       *       *       *       *       *


SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND MARKS.

    (a) In General.--[The Commission may] After consultation 
with the Commission, the Administrator of the National 
Aeronautics and Space Administration may devise any logo, 
emblem, seal, or descriptive or designating mark that is 
required to carry out [its duties or that it] the duties under 
this Act or that the Administrator of the National Aeronautics 
and Space Administration determines is appropriate for use in 
connection with the commemoration of the centennial of powered 
flight.
    (b) Licensing.--[The Commission shall have] After 
consultation with the Commission, the Administrator of the 
National Aeronautics and Space Administration may exercise 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] adopted under subsection (a).

           *       *       *       *       *       *       *

    [(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.]
    (d) Use of Funds.--
          (1) In general.--Subject to paragraph (2), funds from 
        licensing royalties received under this section shall 
        be used by the Commission to carry out the duties of 
        the Commission specified by this Act.
          (2) Excess funds.--The Commission shall transfer any 
        portion of funds in excess of funds necessary to carry 
        out the duties described under paragraph (1), to the 
        National Aeronautics and Space Administration to be 
        used for the sole purpose of commemorating the history 
        of aviation or the centennial of powered flight.

           *       *       *       *       *       *       *


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] actions taken by the Commission in fulfillment of 
the Commission's duties under this Act during the fiscal year.

           *       *       *       *       *       *       *

          (3) recommendations for any legislation or 
        administrative action that the Commission determines to 
        be appropriate regarding the commemoration of the 
        centennial of powered flight; and
          (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 thePresident and Congress a final 
report. The final report shall contain--
          (1) a summary of the [activities] recommendations of 
        the Commission;
          (2) * * *

           *       *       *       *       *       *       *


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 the 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] governmental entity; 
                        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).]
                          (ii) shall be selected among 
                        individuals who--
                                  (I) have earned an advanced 
                                degree related to aerospace 
                                history or science, or have 
                                actively and primarily worked 
                                in an aerospace related field 
                                during the 5-year period before 
                                appointment by the President; 
                                and
                                  (II) specifically represent 1 
                                or more of the persons or 
                                groups enumerated under section 
                                5(a)(1).

           *       *       *       *       *       *       *

          (2) Alternates.--Each member described under 
        paragraph (1)(A) through (E) may designate an alternate 
        who may act in lieu of the member to the extent 
        authorized by the member, including attending meetings 
        and voting.

           *       *       *       *       *       *       *

    (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)] section 4(d). 

           *       *       *       *       *       *       *


SEC. 13. DEFINITIONS.

           *       *       *       *       *       *       *


          [(4) The term ``designee'' means a person from the 
        respective entity of each entity represented on the 
        Commission or Advisory Board.]
          [(5)] (4) The term ``First Flight'' * * *

                                  
