§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

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
143(a)	36:169 (1st sentence words before 1st comma).	Dec. 17, 1963, Pub. L. 88–209, 77 Stat. 402 .
143(b)	36:169 (1st sentence words after 1st comma).
143(c)	36:169 (last sentence).

Centennial of Flight Commemoration Act

Pub. L. 105–389, Nov. 13, 1998, 112 Stat. 3486 , as amended by Pub. L. 106–68, §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."