[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1397 Reported in Senate (RS)]
Calendar No. 532
105th CONGRESS
2d Session
S. 1397
[Report No. 105-294]
_______________________________________________________________________
A BILL
To establish a commission to assist in commemoration of the centennial
of powered flight and the achievements of the Wright brothers.
_______________________________________________________________________
August 25, 1998
Reported with an amendment
Calendar No. 532
105th CONGRESS
2d Session
S. 1397
[Report No. 105-294]
To establish a commission to assist in commemoration of the centennial
of powered flight and the achievements of the Wright brothers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 7, 1997
Mr. Helms (for himself, Mr. Glenn, Mr. DeWine, and Mr. Faircloth)
introduced the following bill; which was read twice and referred to the
Committee on Governmental Affairs
August 25, 1998
Reported under authority of the order of the Senate of July 31, 1998,
by Mr. Thompson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish a commission to assist in commemoration of the centennial
of powered flight and the achievements of the Wright brothers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Centennial of Flight
Commemoration Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> The Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) the first flight by Orville and Wilbur Wright
represents the fulfillment of the age-old dream of
flying;</DELETED>
<DELETED> (3) the airplane has dramatically changed the
course of transportation, commerce, communication, and warfare
throughout the world;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. ESTABLISHMENT.</DELETED>
<DELETED> There is established a commission to be known as the
Centennial of Flight Commission.</DELETED>
<DELETED>SEC. 4. MEMBERSHIP.</DELETED>
<DELETED> (a) Number and Appointment.--</DELETED>
<DELETED> (1) In general.--The Commission shall be composed
of 21 members, as follows:</DELETED>
<DELETED> (A) The Secretary of the Interior, or a
designee.</DELETED>
<DELETED> (B) The Director of the National Air and
Space Museum, or a designee.</DELETED>
<DELETED> (C) The Secretary of Defense, or a
designee.</DELETED>
<DELETED> (D) The Secretary of Transportation, or a
designee.</DELETED>
<DELETED> (E) The Administrator of the National
Aeronautics and Space Administration, or a
designee.</DELETED>
<DELETED> (F) Two representatives from the State of
North Carolina, including--</DELETED>
<DELETED> (i) the chairman of the First
Flight Centennial Commission, or a designee;
and</DELETED>
<DELETED> (ii) the president of the First
Flight Centennial Foundation, or a
designee.</DELETED>
<DELETED> (G) Two representatives from the State of
Ohio, including--</DELETED>
<DELETED> (i) the Governor, or a designee;
and</DELETED>
<DELETED> (ii) the chairman of the 2003
Committee, or a designee.</DELETED>
<DELETED> (H) Twelve citizens of the United States,
appointed by the President, who are not officers or
employees of any government, except to the extent that
they are considered to be such officers or employees by
virtue of their membership on the Commission.</DELETED>
<DELETED> (2) Appointments by president.--Of the individuals
referred to in paragraph (1)(H)--</DELETED>
<DELETED> (A) two shall be chosen from among persons
recommended by the majority leader of the Senate in
consultation with the minority leader of the
Senate;</DELETED>
<DELETED> (B) two shall be chosen from among persons
recommended by the Speaker of the House of
Representatives in consultation with the minority
leader of the House of Representatives. Of the
individuals referred to in this subparagraph, one shall
be chosen from among individuals recommended by the
Representative whose district encompasses the Wright
Brothers National Memorial, and one shall be chosen
from among individuals recommended by the
Representatives whose districts encompass any part of
the Dayton Aviation Heritage National Historical Park;
and</DELETED>
<DELETED> (C) eight shall be chosen based on
qualifications or experience in the field of history,
aerospace science or industry, or any other profession
that would enhance the work of the Commission and
assist in commemorating the accomplishments of the
Wright brothers.</DELETED>
<DELETED> (b) Time of Appointment.--Each member of the Commission
shall be appointed not later than 90 days after the date of the
enactment of this Act.</DELETED>
<DELETED> (c) Terms.--Each member of the Commission shall be
appointed for the life of the Commission except for those designees
serving at the pleasure of a public officeholder, whose terms shall
expire contemporaneously with the terms of the public official being
represented.</DELETED>
<DELETED> (d) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner in which the original appointment was
made.</DELETED>
<DELETED> (e) Compensation.--</DELETED>
<DELETED> (1) Prohibition of pay.--Except as provided in
paragraph (2), members of the Commission shall serve without
pay.</DELETED>
<DELETED> (2) Travel expenses.--Each member of the
Commission may receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code, except that those members who
are Federal employees shall not receive travel expenses if
otherwise reimbursed by the Federal Government.</DELETED>
<DELETED> (f) Quorum.--Eleven members of the Commission shall
constitute a quorum.</DELETED>
<DELETED> (g) Chairperson.--The President shall designate one of the
individuals appointed under subsection (a)(1)(H) as the chairperson of
the Commission.</DELETED>
<DELETED> (h) Meetings.--The Commission shall meet at the call of
its chairperson or a majority of its members.</DELETED>
<DELETED>SEC. 5. DUTIES.</DELETED>
<DELETED> (a) In General.--The Commission shall--</DELETED>
<DELETED> (1) represent the United States and take a
leadership role with other countries 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;</DELETED>
<DELETED> (2) encourage and promote national and
international participation and sponsorships in commemoration
of the centennial of powered flight by persons and entities
such as--</DELETED>
<DELETED> (A) aerospace manufacturing
companies;</DELETED>
<DELETED> (B) aerospace-related military
organizations;</DELETED>
<DELETED> (C) workers employed in aerospace-related
industries;</DELETED>
<DELETED> (D) commercial aviation
companies;</DELETED>
<DELETED> (E) general aviation owners and
pilots;</DELETED>
<DELETED> (F) aerospace researchers, instructors,
and enthusiasts;</DELETED>
<DELETED> (G) elementary, secondary, and higher
educational institutions;</DELETED>
<DELETED> (H) civil, patriotic, educational,
sporting, arts, cultural, and historical organizations
and technical societies;</DELETED>
<DELETED> (I) aerospace-related museums;
and</DELETED>
<DELETED> (J) State and local governments;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) provide national coordination for celebration
dates to take place throughout the United States during the
centennial year;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (7) plan, develop, and coordinate any other
activities that the Commission determines, subject to the
approval of the First Flight Centennial Commission, the First
Flight Centennial Foundation of North Carolina, and the 2003
Committee of Ohio, to be appropriate relating to the
anniversary of the centennial of powered flight, which may
include the preparation, distribution, dissemination,
exhibition, or sale of historical, commemorative, or
informative materials or objects, that will contribute to
public awareness of and interest in the centennial of powered
flight.</DELETED>
<DELETED> (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, and the
First Flight Centennial Foundation, except with the consent of such
entities.</DELETED>
<DELETED>SEC. 6. POWERS.</DELETED>
<DELETED> (a) Advisory Committees and Task Forces.--</DELETED>
<DELETED> (1) In general.--The Commission may appoint any
advisory committee or task force that it determines to be
necessary to carry out this Act.</DELETED>
<DELETED> (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 programs of the Commission. Where appropriate,
all Federal departments and agencies shall provide any
assistance possible.</DELETED>
<DELETED> (3) Prohibition of pay other than travel
expenses.--Members of an advisory committee or task force
authorized by paragraph (1) shall not receive pay, but may
receive travel expenses to the same extent that members of the
Commission may receive travel expenses under section
4(e).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Authority To Procure and To Make Legal Agreements.--
</DELETED>
<DELETED> (1) In general.--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.</DELETED>
<DELETED> (2) Restriction.--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.</DELETED>
<DELETED> (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 the termination.</DELETED>
<DELETED> (d) Requests for Official Information.--The Commission may
request from any Federal department or agency information necessary to
enable the Commission to carry out this Act. The head of the Federal
department or agency shall furnish the information to the Commission
unless the release of the information by the department or agency to
the public is prohibited by law.</DELETED>
<DELETED> (e) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as any other Federal
agency.</DELETED>
<DELETED>SEC. 7. STAFF AND SUPPORT SERVICES.</DELETED>
<DELETED> (a) Executive Director.--The chairperson of the
Commission, with the advice of the Commission, shall appoint an
executive director of 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 in subsections (a) and (b) of this
section.</DELETED>
<DELETED> (d) Staff of Federal Agencies.--Upon request by the
chairperson of the Commission, the head of any Federal department or
agency may detail, on a nonreimbursable 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.</DELETED>
<DELETED> (e) Experts and Consultants.--The chairperson of the
Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at a rate that does not
exceed the daily equivalent of the annual rate of basic pay payable
under level V of the Executive Schedule under section 5316 of such
title.</DELETED>
<DELETED> (f) Administrative Support Services.--The Administrator of
General Services shall provide to the Commission, on a reimbursable
basis, any administrative support services that are necessary to enable
the Commission to carry out this Act.</DELETED>
<DELETED>SEC. 8. CONTRIBUTIONS.</DELETED>
<DELETED> (a) Donations.--</DELETED>
<DELETED> (1) In general.--The Commission may accept
donations of money, personal service, and historic materials
relating to the Wright brothers or the history of
aviation.</DELETED>
<DELETED> (2) Donated funds and sales.--Any funds donated to
the Commission or revenues from direct sales shall be used by
the Commission to carry out this Act. Funds donated to and
accepted by the Commission pursuant to this section shall not
be considered to be appropriated funds and shall not be subject
to any requirements or restrictions applicable to appropriated
funds.</DELETED>
<DELETED> (3) Fundraising.--Any fundraising undertaken by
the Commission shall be done in coordination with fundraising
undertaken at the State level, and with the prior approval of
the First Flight Centennial Commission, the First Flight
Centennial Foundation of North Carolina, and the 2003 Committee
of Ohio.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Remaining Funds.--Any donated funds remaining to 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
by section 10(b), of historically significant property which was
donated to or acquired by the Commission. Any donated 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.</DELETED>
<DELETED>SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND
MARKS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Licensing.--</DELETED>
<DELETED> (1) Exclusive right to use.--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.</DELETED>
<DELETED> (2) Royalties.--Licensing royalties shall be used
first to offset operating costs of the Commission and any
royalties remaining above and beyond the operating costs of the
Commission shall be distributed equally to the First Flight
Centennial Foundation of North Carolina and the 2003 Committee
of Ohio to offset costs associated with the celebration of the
centennial of powered flight.</DELETED>
<DELETED> (c) Effect on Other Rights.--No provision of this section
may be construed to conflict or interfere with established or vested
rights.</DELETED>
<DELETED>SEC. 10. REPORTS.</DELETED>
<DELETED> (a) Annual Report.--In each fiscal year in which the
Commission is in existence, the Commission shall prepare and submit to
the Congress a report describing the activities of the Commission
during the fiscal year. Each annual report should also include--
</DELETED>
<DELETED> (1) recommendations regarding appropriate
activities to commemorate the centennial of powered flight,
including--</DELETED>
<DELETED> (A) the production, publication, and
distribution of books, pamphlets, films, and other
educational materials;</DELETED>
<DELETED> (B) bibliographical and documentary
projects and publications;</DELETED>
<DELETED> (C) conferences, convocations, lectures,
seminars, and other similar programs;</DELETED>
<DELETED> (D) the development of exhibits for
libraries, museums, and other appropriate
institutions;</DELETED>
<DELETED> (E) ceremonies and celebrations
commemorating specific events that relate to the
history of aviation;</DELETED>
<DELETED> (F) programs focusing on the history of
aviation and its benefits to the United States and
humankind; and</DELETED>
<DELETED> (G) competitions, commissions, and awards
regarding historical, scholarly, artistic, literary,
musical, and other works, programs, and projects
related to the centennial of powered flight;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Final Report.--Not later than June 30, 2004, the
Commission shall submit to the President and the Congress a final
report. The final report shall contain--</DELETED>
<DELETED> (1) a summary of the activities of the
Commission;</DELETED>
<DELETED> (2) a final accounting of funds received and
expended by the Commission;</DELETED>
<DELETED> (3) any findings and conclusions of the
Commission; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.</DELETED>
<DELETED> (a) In General.--The Inspector General of the General
Services Administration shall audit the financial transactions of the
Commission, including financial transactions involving donated funds,
in accordance with generally accepted auditing standards. In conducting
an audit pursuant to this section, the Inspector General 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 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.</DELETED>
<DELETED> (b) Report.--Not later than September 30, 2004, the
Inspector General of the General Services Administration shall submit
to the President and to the Congress a report detailing the results of
any audit of the financial transactions of the Commission conducted by
the Inspector General.</DELETED>
<DELETED>SEC. 12. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Centennial of powered flight.--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.</DELETED>
<DELETED> (2) Commission.--The term ``Commission'' means the
Centennial of Flight Commission.</DELETED>
<DELETED> (3) First flight.--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 on
December 17, 1903.</DELETED>
<DELETED>SEC. 13. TERMINATION.</DELETED>
<DELETED> The Commission shall terminate not later than 60 days
after the submission of the final report required by section
10(b).</DELETED>
<DELETED>SEC. 14. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There is authorized to be appropriated to carry out this
Act $250,000 for each of the fiscal years 1998 through 2004.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Centennial of Flight Commemoration
Act''
SEC. 2. FINDINGS.
Congress finds that--
(1) December 17, 2003, is the 100th anniversary of the
first successful manned, free, controlled, and sustained flight
by a power-driven, heavier-than-air machine;
(2) the first flight by Orville and Wilbur Wright
represents the fulfillment of the age-old dream of flying;
(3) the airplane has dramatically changed the course of
transportation, commerce, communication, and warfare throughout
the world;
(4) the achievement by the Wright brothers stands as a
triumph of American ingenuity, inventiveness, and diligence in
developing new technologies, and remains an inspiration for all
Americans;
(5) it is appropriate to remember and renew the legacy of
the Wright brothers at a time when the values of creativity and
daring represented by the Wright brothers are critical to the
future of the Nation; and
(6) as the Nation approaches the 100th anniversary of
powered flight, it is appropriate to celebrate and commemorate
the centennial year through local, national, and international
observances and activities.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Centennial of
Flight Commission.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 6
members, as follows:
(1) The Director of the National Air and Space Museum of
the Smithsonian Institution or his designee.
(2) The Administrator of the National Aeronautics and Space
Administration or his designee.
(3) The chairman of the First Flight Centennial Foundation
of North Carolina, or his designee.
(4) The chairman of the 2003 Committee of Ohio, or his
designee.
(5) As chosen by the Commission, the president or head of a
United States aeronautical society, foundation, or organization
of national stature or prominence who will be a person from a
State other than Ohio or North Carolina.
(6) The Administrator of the Federal Aviation
Administration, or his designee.
(b) Vacancies.--Any vacancy in the Commission shall be filled in
the same manner in which the original designation was made.
(c) Compensation.--
(1) Prohibition of pay.--Except as provided in paragraph
(2), members of the Commission shall serve without pay or
compensation.
(2) Travel expenses.--The Commission may adopt a policy,
only by unanimous vote, for members of the Commission and
related advisory panels to receive travel expenses, including
per diem in lieu of subsistence. The policy may not exceed the
levels established under sections 5702 and 5703 of title 5,
United States Code. Members who are Federal employees shall not
receive travel expenses if otherwise reimbursed by the Federal
Government.
(d) Quorum.--Three members of the Commission shall constitute a
quorum.
(e) Chairperson.--The Commission shall select a Chairperson of the
Commission from the members designated under subsection (a) (1), (2),
or (5). The Chairperson may not vote on matters before the Commission
except in the case of a tie vote. The Chairperson may be removed by a
vote of a majority of the Commission's members.
(f) Organization.--No later than 90 days after the date of
enactment of this Act, the Commission shall meet and select a
Chairperson, Vice Chairperson, and Executive Director.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) represent the United States and take a leadership role
with other nations in recognizing the importance of aviation
history in general and the centennial of powered flight in
particular, and promote participation by the United States in
such activities;
(2) encourage and promote national and international
participation and sponsorships in commemoration of the
centennial of powered flight by persons and entities such as--
(A) aerospace manufacturing companies;
(B) aerospace-related military organizations;
(C) workers employed in aerospace-related
industries;
(D) commercial aviation companies;
(E) general aviation owners and pilots;
(F) aerospace researchers, instructors, and
enthusiasts;
(G) elementary, secondary, and higher educational
institutions;
(H) civil, patriotic, educational, sporting, arts,
cultural, and historical organizations and technical
societies;
(I) aerospace-related museums; and
(J) State and local governments;
(3) plan and develop, in coordination with the First Flight
Centennial Commission, the First Flight Centennial Foundation
of North Carolina, and the 2003 Committee of Ohio, programs and
activities that are appropriate to commemorate the 100th
anniversary of powered flight;
(4) maintain, publish, and distribute a calendar or
register of national and international programs and projects
concerning, and provide a central clearinghouse for,
information and coordination regarding, dates, events, and
places of historical and commemorative significance regarding
aviation history in general and the centennial of powered
flight in particular;
(5) provide national coordination for celebration dates to
take place throughout the United States during the centennial
year;
(6) assist in conducting educational, civic, and
commemorative activities relating to the centennial of powered
flight throughout the United States, especially activities that
occur in the States of North Carolina and Ohio and that
highlight the activities of the Wright brothers in such States;
and
(7) encourage the publication of popular and scholarly
works related to the history of aviation or the anniversary of
the centennial of powered flight.
(b) Nonduplication of Activities.--The Commission shall attempt to
plan and conduct its activities in such a manner that activities
conducted pursuant to this Act enhance, but do not duplicate,
traditional and established activities of Ohio's 2003 Committee, North
Carolina's First Flight Centennial Commission, the First Flight
Centennial Foundation, or any other organization of national stature or
prominence.
SEC. 6. POWERS.
(a) Advisory Committees and Task Forces.--
(1) In general.--The Commission may appoint any advisory
committee or task force from among the membership of the
Advisory Board in section 12.
(2) Federal cooperation.--To ensure the overall success of
the Commission's efforts, the Commission may call upon various
Federal departments and agencies to assist in and give support
to the programs of the Commission. The head of the Federal
department or agency, where appropriate, shall furnish the
information or assistance requested by the Commission, unless
prohibited by law.
(3) Prohibition of pay other than travel expenses.--Members
of an advisory committee or task force authorized under
paragraph (1) shall not receive pay, but may receive travel
expenses pursuant to the policy adopted by the Commission under
section 4(c)(2).
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take under this Act.
(c) Authority To Procure and To Make Legal Agreements.--
(1) In general.--Notwithstanding any other provision in
this Act, only the Commission may procure supplies, services,
and property, and make or enter into leases and other legal
agreements in order to carry out this Act.
(2) Restriction.--
(A) In general.--A contract, lease, or other legal
agreement made or entered into by the Commission may
not extend beyond the date of the termination of the
Commission.
(B) Federal support.--The Commission shall obtain
property, equipment, and office space from the General
Services Administration or the Smithsonian Institution,
unless other office space, property, or equipment is
less costly.
(3) Supplies and property possessed by commission at
termination.--Any supplies and property, except historically
significant items, that are acquired by the Commission under
this Act and remain in the possession of the Commission on the
date of the termination of the Commission shall become the
property of the General Services Administration upon the date
of termination.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as any other Federal agency.
SEC. 7. STAFF AND SUPPORT SERVICES.
(a) Executive Director.--There shall be an Executive Director
appointed by the Commission and chosen from among detailees from the
agencies and organizations represented on the Commission. The Executive
Director may be paid at a rate not to exceed the maximum rate of basic
pay payable for the Senior Executive Service.
(b) Staff.--The Commission may appoint and fix the pay of any
additional personnel that it considers appropriate, except that an
individual appointed under this subsection may not receive pay in
excess of the maximum rate of basic pay payable for GS-14 of the
General Schedule.
(c) Inapplicability of Certain Civil Service Laws.--The Executive
Director and staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule pay rates,
except as provided under subsections (a) and (b) of this section.
(d) Merit System Principles.--The appointment of the Executive
Director or any personnel of the Commission under subsection (a) or (b)
shall be made consistent with the merit system principles under section
2301 of title 5, United States Code.
(e) Staff of Federal Agencies.--Upon request by the Chairperson of
the Commission, the head of any Federal department or agency may
detail, on either a nonreimbursable or reimbursable basis, any of the
personnel of the department or agency to the Commission to assist the
Commission to carry out its duties under this Act.
(f) Administrative Support Services.--
(1) Reimbursable services.--The Secretary of the
Smithsonian Institution may provide to the Commission on a
reimbursable basis any administrative support services that are
necessary to enable the Commission to carry out this Act.
(2) Nonreimbursable services.--The Secretary may provide
administrative support services to the Commission on a
nonreimbursable basis when, in the opinion of the Secretary,
the value of such services is insignificant or not practical to
determine.
(g) Cooperative Agreements.--The Commission may enter into
cooperative agreements with other Federal agencies, State and local
governments, and private interests and organizations that will
contribute to public awareness of and interest in the centennial of
powered flight and toward furthering the goals and purposes of this
Act.
(h) Program Support.--The Commission may receive program support
from the non-profit sector.
SEC. 8. CONTRIBUTIONS.
(a) Donations.--The Commission may accept donations of personal
services and historic materials relating to the implementation of its
responsibilities under the provisions of this Act.
(b) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines necessary.
(c) Remaining Funds.--Any funds (including funds received from
licensing royalties) remaining with the Commission on the date of the
termination of the Commission may be used to ensure proper disposition,
as specified in the final report required under section 10(b), of
historically significant property which was donated to or acquired by
the Commission. Any funds remaining after such disposition shall be
transferred to the Secretary of the Treasury for deposit into the
general fund of the Treasury of the United States.
SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND MARKS.
(a) In General.--The Commission may devise any logo, emblem, seal,
or descriptive or designating mark that is required to carry out its
duties or that it determines is appropriate for use in connection with
the commemoration of the centennial of powered flight.
(b) Licensing.--The Commission shall have the sole and exclusive
right to use, or to allow or refuse the use of, the name ``Centennial
of Flight Commission'' on any logo, emblem, seal, or descriptive or
designating mark that the Commission lawfully adopts.
(c) Effect on Other Rights.--No provision of this section may be
construed to conflict or interfere with established or vested rights.
(d) Use of Funds.--Funds from licensing royalties received pursuant
to this section shall be used by the Commission to carry out the duties
of the Commission specified by this Act.
(e) Licensing Rights.--All exclusive licensing rights, unless
otherwise specified, shall revert to the Air and Space Museum of the
Smithsonian Institution upon termination of the Commission.
SEC. 10. REPORTS.
(a) Annual Report.--In each fiscal year in which the Commission is
in existence, the Commission shall prepare and submit to Congress a
report describing the activities of the Commission during the fiscal
year. Each annual report shall also include--
(1) recommendations regarding appropriate activities to
commemorate the centennial of powered flight, including--
(A) the production, publication, and distribution
of books, pamphlets, films, and other educational
materials;
(B) bibliographical and documentary projects and
publications;
(C) conferences, convocations, lectures, seminars,
and other similar programs;
(D) the development of exhibits for libraries,
museums, and other appropriate institutions;
(E) ceremonies and celebrations commemorating
specific events that relate to the history of aviation;
(F) programs focusing on the history of aviation
and its benefits to the United States and humankind;
and
(G) competitions, commissions, and awards regarding
historical, scholarly, artistic, literary, musical, and
other works, programs, and projects related to the
centennial of powered flight;
(2) recommendations to appropriate agencies or advisory
bodies regarding the issuance of commemorative coins, medals,
and stamps by the United States relating to aviation or the
centennial of powered flight;
(3) recommendations for any legislation or administrative
action that the Commission determines to be appropriate
regarding the commemoration of the centennial of powered
flight;
(4) an accounting of funds received and expended by the
Commission in the fiscal year that the report concerns,
including a detailed description of the source and amount of
any funds donated to the Commission in the fiscal year; and
(5) an accounting of any cooperative agreements and
contract agreements entered into by the Commission.
(b) Final Report.--Not later than June 30, 2004, the Commission
shall submit to the President and Congress a final report. The final
report shall contain--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by
the Commission;
(3) any findings and conclusions of the Commission; and
(4) specific recommendations concerning the final
disposition of any historically significant items acquired by
the Commission, including items donated to the Commission under
section 8(a)(1).
SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.
(a) In General.--
(1) Audit.--The Comptroller General of the United States
shall audit on an annual basis the financial transactions of
the Commission, including financial transactions involving
donated funds, in accordance with generally accepted auditing
standards.
(2) Access.--In conducting an audit under this section, the
Comptroller General--
(A) shall have access to all books, accounts,
financial records, reports, files, and other papers,
items, or property in use by the Commission, as
necessary to facilitate the audit; and
(B) shall be afforded full facilities for verifying
the financial transactions of the Commission, including
access to any financial records or securities held for
the Commission by depositories, fiscal agents, or
custodians.
(b) Final Report.--Not later than September 30, 2004, the
Comptroller General of the United States shall submit to the President
and to Congress a report detailing the results of any audit of the
financial transactions of the Commission conducted by the Comptroller
General.
SEC. 12. ADVISORY BOARD.
(a) Establishment.--There is established a First Flight Centennial
Federal Advisory Board.
(b) Number and Appointment.--
(1) In general.--The Board shall be composed of 19 members
as follows:
(A) The Secretary of the Interior, or the designee
of the Secretary.
(B) The Librarian of Congress, or the designee of
the Librarian.
(C) The Secretary of the Air Force, or the designee
of the Secretary.
(D) The Secretary of the Navy, or the designee of
the Secretary.
(E) The Secretary of Transportation, or the
designee of the Secretary.
(F) Six citizens of the United States, appointed by
the President, who--
(i) are not officers or employees of any
government (except membership on the Board
shall not be construed to apply to the
limitation under this clause); and
(ii) shall be selected based on their
experience in the fields of aerospace history,
science, or education, or their ability to
represent the entities enumerated under section
5(a)(2).
(G) Four citizens of the United States, appointed
by the majority leader of the Senate in consultation
with the minority leader of the Senate.
(H) Four citizens of the United States, appointed
by the Speaker of the House of Representatives in
consultation with the minority leader of the House of
Representatives. Of the individuals appointed under
this subparagraph--
(i) one shall be selected from among
individuals recommended by the representative
whose district encompasses the Wright Brothers
National Memorial; and
(ii) one shall be selected from among
individuals recommended by the representatives
whose districts encompass any part of the
Dayton Aviation Heritage National Historical
Park.
(c) Vacancies.--Any vacancy in the Advisory Board shall be filled
in the same manner in which the original designation was made.
(d) Meetings.--Seven members of the Advisory Board shall constitute
a quorum for a meeting. All meetings shall be open to the public.
(e) Chairperson.--The President shall designate 1 member appointed
under subsection (b)(1)(F) as chairperson of the Advisory Board.
(f) Mails.--The Advisory Board may use the United States mails in
the same manner and under the same conditions as a Federal agency.
(g) Duties.--The Advisory Board shall advise the Commission on
matters related to this Act.
(h) Prohibition of Compensation Other Than Travel Expenses.--
Members of the Advisory Board shall not receive pay, but may receive
travel expenses pursuant to the policy adopted by the Commission under
section 4(e).
(i) Termination.--The Advisory Board shall terminate upon the
termination of the Commission.
SEC. 13. DEFINITIONS.
For purposes of this Act:
(1) The term ``Advisory Board'' means the Centennial of
Flight Federal Advisory Board.
(2) The term ``centennial of powered flight'' means the
anniversary year, from December 2002 to December 2003,
commemorating the 100-year history of aviation beginning with
the First Flight and highlighting the achievements of the
Wright brothers in developing the technologies which have led
to the development of aviation as it is known today.
(3) The term ``Commission'' means the Centennial of Flight
Commission.
(4) The term ``designee'' means a person from the
respective entity of each entity represented on the Commission
or Advisory Board.
(5) The term ``First Flight'' means the first four
successful manned, free, controlled, and sustained flights by a
power-driven, heavier-than-air machine, which were accomplished
by Orville and Wilbur Wright of Dayton, Ohio on December 17,
1903 at Kitty Hawk, North Carolina.
SEC. 14. TERMINATION.
The Commission shall terminate not later than 60 days after the
submission of the final report required by section 10(b) and shall
transfer all documents and material to the National Archives or other
appropriate Federal entity.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$2,000,000 for each of the fiscal years 1999 through 2004.