[105th Congress Public Law 389]
[From the U.S. Government Printing Office]


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[DOCID: f:publ389.105]


[[Page 3485]]

                 CENTENNIAL OF FLIGHT COMMEMORATION ACT

[[Page 110 STAT. 3486]]

Public Law 105-389
105th Congress

                                 An Act


 
 To establish a commission to assist in commemoration of the centennial 
          of powered flight and the achievements of the Wright 
             brothers. <<NOTE: Nov. 13, 1998 -  [S. 1397]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Centennial of 
Flight Commemoration Act.>> 

SECTION 1. SHORT <<NOTE: 36 USC 143 note.>>  TITLE.

    This Act may be cited as the ``Centennial of Flight Commemoration 
Act''.

SEC. 2. <<NOTE: 36 USC 143 note.>>  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. <<NOTE: 36 USC 143 note.>>  ESTABLISHMENT.

    There is established a commission to be known as the Centennial of 
Flight Commission.

SEC. 4. <<NOTE: 36 USC 143 note.>>  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.

[[Page 110 STAT. 3487]]

            (4) The chairman of the 2003 Committee of Ohio, or his 
        designee.
            (5) As chosen by the Commission, the president or head of a 
        United States aeronautical society, foundation, or 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 <<NOTE: Deadline.>>  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. <<NOTE: 36 USC 143 note.>>  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;

[[Page 110 STAT. 3488]]

            (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, <<NOTE: Publication. Records.>>  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;
Records.
            (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.

[[Page 110 STAT. 3489]]

            (2) Restriction.--
                    (A) In general.--A contract, lease, or other legal 
                agreement made or entered into by the Commission may not 
                extend beyond the date of the termination of the 
                Commission.
                    (B) Federal support.--The Commission shall obtain 
                property, equipment, and office space from the General 
                Services Administration or the Smithsonian Institution, 
                unless other office space, property, or equipment is 
                less costly.
            (3) Supplies and property possessed by commission at 
        termination.--Any supplies and property, except historically 
        significant items, that are acquired by the Commission under 
        this Act and remain in the possession of the Commission on the 
        date of the termination of the Commission shall become the 
        property of the General Services Administration upon the date of 
        termination.

    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as any other Federal agency.

SEC. 7. <<NOTE: 36 USC 143 note.>>  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.

[[Page 110 STAT. 3490]]

            (2) Nonreimbursable services.--The Secretary may provide 
        administrative support services to the Commission on a 
        nonreimbursable basis when, in the opinion of the Secretary, the 
        value of such services is insignificant or not practical to 
        determine.

    (g) Cooperative Agreements.--The Commission may enter into 
cooperative agreements with other Federal agencies, State and local 
governments, and private interests and organizations that will 
contribute to public awareness of and interest in the centennial of 
powered flight and toward furthering the goals and purposes of this Act.
    (h) Program Support.--The Commission may receive program support 
from the nonprofit sector.

SEC. 8. <<NOTE: 36 USC 143 note.>>  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 <<NOTE: 36 USC 143 note.>>  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--

[[Page 110 STAT. 3491]]

            (1) recommendations regarding appropriate activities to 
        commemorate the centennial of powered flight, including--
                    (A) the production, publication, and distribution of 
                books, pamphlets, films, and other educational 
                materials;
                    (B) bibliographical and documentary projects and 
                publications;
                    (C) conferences, convocations, lectures, seminars, 
                and other similar programs;
                    (D) the development of exhibits for libraries, 
                museums, and other appropriate institutions;
                    (E) ceremonies and celebrations commemorating 
                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 <<NOTE: Deadline. President.>>  Report.--Not later than 
June 30, 2004, the Commission shall submit to the President and Congress 
a final report. The final report shall contain--
President.
            (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 <<NOTE: 36 USC 143 note.>>  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

[[Page 110 STAT. 3492]]

                    (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 <<NOTE: Deadline. President.>>  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.
President.

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 <<NOTE: President.>>  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.

[[Page 110 STAT. 3493]]

    (e) Chairperson.--The <<NOTE: President.>>  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. <<NOTE: 36 USC 143 note.>>  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. <<NOTE: 36 USC 143 note.>>  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.

[[Page 110 STAT. 3494]]

SEC. 15. <<NOTE: 36 USC 143 note.>>  AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$250,000 for fiscal year 1999, $600,000 for fiscal year 2000, $750,000 
for fiscal year 2001, $900,000 for fiscal year 2002, $900,000 for fiscal 
year 2003, and $600,000 for fiscal year 2004.

    Approved November 13, 1998.

LEGISLATIVE HISTORY--S. 1397:
---------------------------------------------------------------------------

SENATE REPORTS: No. 105-294 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            Sept. 22, considered and passed Senate.
            Oct. 14, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
            Nov. 13, Presidential statement.

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