
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 36USC143]

 
     TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                              ORGANIZATIONS
 
      Subtitle I--Patriotic and National Observances and Ceremonies
 
                   Part A--Observances and Ceremonies
 
              CHAPTER 1--PATRIOTIC AND NATIONAL OBSERVANCES
 
Sec. 143. Wright Brothers Day

    (a) Designation.--December 17 is Wright Brothers Day.
    (b) Purpose.--Wright Brothers Day commemorates the first successful 
flights in a heavier than air, mechanically propelled airplane, that 
were made by Orville and Wilbur Wright on December 17, 1903, near Kitty 
Hawk, North Carolina.
    (c) Proclamation.--The President is requested to issue each year a 
proclamation inviting the people of the United States to observe Wright 
Brothers Day with appropriate ceremonies and activities.
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1262.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
143(a)................................  36:169 (1st sentence words       Dec. 1
7, 1963, Pub. L. 88-209, 77 Stat.
                                         before 1st comma).               402.
143(b)................................  36:169 (1st sentence words
                                         after 1st comma).
143(c)................................  36:169 (last sentence).
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---------------------------------



                 Centennial of Flight Commemoration Act

    Pub. L. 105-389, Nov. 13, 1998, 112 Stat. 3486, as amended by Pub. 
L. 106-68, Sec. 1, Oct. 6, 1999, 113 Stat. 981, provided that:
``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.
        ``(2) The Administrator of the National Aeronautics and Space 
    Administration.
        ``(3) The president of the First Flight Centennial Foundation of 
    North Carolina to represent the interests of the Foundation.
        ``(4) The chairman of the 2003 Committee of Ohio 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.
    ``(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.
    ``(c) Vacancies.--Any vacancy in the Commission shall be filled in 
the same manner in which the original designation was made.
    ``(d) 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.
    ``(e) Quorum.--Three members of the Commission shall constitute a 
quorum.
    ``(f) 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.
``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) 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;
        ``(2) 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;
        ``(3) 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;
        ``(4) provide national coordination for celebration dates to 
    take place throughout the United States during the centennial year;
        ``(5) 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
        ``(6) encourage the publication of popular and scholarly works 
    related to the history of aviation or the anniversary of the 
    centennial of powered flight.
    ``(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.
    ``(c) 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.
    ``(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 celebration of the 
    centennial of flight;
        ``(6) provide advice and recommendations, through the 
    Administrator of the National Aeronautics and Space Administration 
    or the Administrator of the Federal Aviation Administration (or any 
    employee of such an agency head under the direction of that agency 
    head), 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, State 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.--The Commission may appoint any advisory 
    committee or task force from among the membership of the Advisory 
    Board in section 12.
        ``(2) Federal cooperation.--The head of a Federal department or 
    agency, where appropriate, shall furnish 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(d)(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 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.
        ``(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.--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). 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.--Subject to subsection (h), 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) Program Support.--The Commission may receive program support 
from the nonprofit sector.
    ``(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. 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.--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 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.--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 adopted under subsection (a).
    ``(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.--
        ``(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.
    ``(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 actions taken by the Commission in fulfillment of 
the Commission's duties under this Act 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; 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.
    ``(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 recommendations 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.
            ``(B) The Librarian of Congress.
            ``(C) The Secretary of the Air Force.
            ``(D) The Secretary of the Navy.
            ``(E) The Secretary of Transportation.
            ``(F) Six citizens of the United States, appointed by the 
        President, who--
                ``(i) are not officers or employees of any governmental 
            entity (except membership on the Board shall not be 
            construed to apply to the limitation under this clause); and
                ``(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).
            ``(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.
        ``(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.
    ``(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(d).
    ``(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 `First Flight' means the first four successful 
    manned, free, controlled, and sustained flights by a power-driven, 
    heavier-than-air machine, which were accomplished by Orville and 
    Wilbur Wright of Dayton, Ohio on December 17, 1903 at Kitty Hawk, 
    North Carolina.
``SEC. 14. TERMINATION.
    ``The Commission shall terminate not later than 60 days after the 
submission of the final report required by section 10(b) and shall 
transfer all documents and material to the National Archives or other 
appropriate Federal entity.
``SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
    ``There is authorized to be appropriated to carry out this Act 
$250,000 for fiscal year 1999, $600,000 for fiscal year 2000, $750,000 
for fiscal year 2001, $900,000 for fiscal year 2002, $900,000 for fiscal 
year 2003, and $600,000 for fiscal year 2004.''
