Notes on 36 U.S.C. § 143 : US Code - Notes

Search Notes on 36 U.S.C. § 143 : US Code - Notes

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1262.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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143(a) 36:169 (1st Dec. 17, 1963, Pub. L.
sentence words 88-209, 77 Stat. 402.
before 1st comma).
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."