[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3181 Engrossed in Senate (ES)]
106th CONGRESS
2d Session
S. 3181
_______________________________________________________________________
AN ACT
To establish the White House Commission on the National Moment of
Remembrance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Moment of Remembrance
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is essential to remember and renew the legacy of
Memorial Day, which was established in 1868 to pay tribute to
individuals who have made the ultimate sacrifice in service to
the United States and their families;
(2) greater strides must be made to demonstrate
appreciation for those loyal people of the United States whose
values, represented by their sacrifices, are critical to the
future of the United States;
(3) the Federal Government has a responsibility to raise
awareness of and respect for the national heritage, and to
encourage citizens to dedicate themselves to the values and
principles for which those heroes of the United States died;
(4) the relevance of Memorial Day must be made more
apparent to present and future generations of people of the
United States through local and national observances and
ongoing activities;
(5) in House Concurrent Resolution 302, agreed to May 25,
2000, Congress called on the people of the United States, in a
symbolic act of unity, to observe a National Moment of
Remembrance to honor the men and women of the United States who
died in the pursuit of freedom and peace;
(6) in Presidential Proclamation No. 7315 of May 26, 2000
(65 Fed. Reg. 34907), the President proclaimed Memorial Day,
May 29, 2000, as a day of prayer for permanent peace, and
designated 3:00 p.m. local time on that day as the time to join
in prayer and to observe the National Moment of Remembrance;
and
(7) a National Moment of Remembrance and other
commemorative events are needed to reclaim Memorial Day as the
sacred and noble event that that day is intended to be.
SEC. 3. DEFINITIONS.
In this Act:
(1) Alliance.--The term ``Alliance'' means the Remembrance
Alliance established by section 9(a).
(2) Commission.--The term ``Commission'' means the White
House Commission on the National Moment of Remembrance
established by section 5(a).
(3) Executive director and white house liaison.--The term
``Executive Director and White House Liaison'' means the
Executive Director and White House Liaison appointed under
section 10(a)(1).
(4) Memorial day.--The term ``Memorial Day'' means the
legal public holiday designated as Memorial Day by section
6103(a) of title 5, United States Code.
(5) Tribal government.--The term ``tribal government''
means the governing body of an Indian tribe (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
SEC. 4. NATIONAL MOMENT OF REMEMBRANCE.
The minute beginning at 3:00 p.m. (local time) on Memorial Day each
year is designated as the ``National Moment of Remembrance''.
SEC. 5. ESTABLISHMENT OF WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT
OF REMEMBRANCE.
(a) Establishment.--There is established a commission to be known
as the ``White House Commission on the National Moment of
Remembrance''.
(b) Membership.--
(1) Composition.--The Commission shall be composed of the
following:
(A) 4 members appointed by the President, including
at least 1 representative of tribal governments.
(B) The Secretary of Defense (or a designee).
(C) The Secretary of Veterans Affairs (or a
designee).
(D) The Secretary of the Smithsonian Institution
(or a designee).
(E) The Director of the Office of Personnel
Management (or a designee).
(F) The Administrator of General Services (or a
designee).
(G) The Secretary of Transportation (or a
designee).
(H) The Secretary of Education (or a designee).
(I) The Secretary of the Interior (or a designee).
(J) The Executive Director of the President's
Commission on White House Fellows (or a designee).
(K) The Secretary of the Army (or a designee).
(L) The Secretary of the Navy (or a designee).
(M) The Secretary of the Air Force (or a designee).
(N) The Commandant of the Marine Corps (or a
designee).
(O) The Commandant of the Coast Guard (or a
designee).
(P) The Executive Director and White House Liaison
(or a designee).
(Q) The Chief of Staff of the Army.
(R) The Chief of Naval Operations.
(S) The Chief of Staff of the Air Force.
(T) Any other member, the appointment of whom the
Commission determines is necessary to carry out this
Act.
(2) Nonvoting members.--The members appointed to the
Commission under subparagraphs (K) through (T) of paragraph (1)
shall be nonvoting members.
(3) Date of appointments.--All appointments under paragraph
(1) shall be made not later than 90 days after the date of
enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed to the Commission
for the life of the Commission.
(2) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date
specified in subsection (b)(3) for completion of appointments, the
Commission shall hold the initial meeting of the Commission.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the voting members of the Commission
shall constitute a quorum, but a lesser number of members may hold
hearings.
(g) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and a Vice Chairperson from among the members of the
Commission at the initial meeting of the Commission.
SEC. 6. DUTIES.
(a) In General.--The Commission shall--
(1) encourage the people of the United States to give
something back to their country, which provides them so much
freedom and opportunity;
(2) encourage national, State, local, and tribal
participation by individuals and entities in commemoration of
Memorial Day and the National Moment of Remembrance, including
participation by--
(A) national humanitarian and patriotic
organizations;
(B) elementary, secondary, and higher education
institutions;
(C) veterans' societies and civic, patriotic,
educational, sporting, artistic, cultural, and
historical organizations;
(D) Federal departments and agencies; and
(E) museums, including cultural and historical
museums; and
(3) provide national coordination for commemorations in the
United States of Memorial Day and the National Moment of
Remembrance.
(b) Reports.--
(1) In general.--For each fiscal year in which the
Commission is in existence, the Commission shall submit to the
President and Congress a report describing the activities of
the Commission during the fiscal year.
(2) Contents.--A report under paragraph (1) may include--
(A) recommendations regarding appropriate
activities to commemorate Memorial Day and the National
Moment of Remembrance, including--
(i) the production, publication, and
distribution of books, pamphlets, films, and
other educational materials;
(ii) bibliographical and documentary
projects and publications;
(iii) conferences, convocations, lectures,
seminars, and other similar programs;
(iv) the development of exhibits for
libraries, museums, and other appropriate
institutions;
(v) ceremonies and celebrations
commemorating specific events that relate to
the history of wars of the United States; and
(vi) competitions, commissions, and awards
regarding historical, scholarly, artistic,
literary, musical, and other works, programs,
and projects related to commemoration of
Memorial Day and the National Moment of
Remembrance;
(B) recommendations to appropriate agencies or
advisory bodies regarding the issuance by the United
States of commemorative coins, medals, and stamps
relating to Memorial Day and the National Moment of
Remembrance;
(C) recommendations for any legislation or
administrative action that the Commission determines to
be appropriate regarding the commemoration of Memorial
Day and the National Moment of Remembrance;
(D) an accounting of funds received and expended by
the Commission in the fiscal year covered by the
report, including a detailed description of the source
and amount of any funds donated to the Commission in
that fiscal year; and
(E) a description of cooperative agreements and
contracts entered into by the Commission.
SEC. 7. POWERS.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this Act.
(2) Public participation.--The Commission shall provide for
reasonable public participation in matters before the
Commission.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(d) Gifts.--The Commission may solicit, accept, use, and dispose
of, without further Act of appropriation, gifts, bequests, devises, and
donations of services or property.
(e) 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.
(f) Authority To Procure and To Make Legal Agreements.--
(1) In general.--Subject to the availability of
appropriations, to carry out this Act, the Chairperson or Vice
Chairperson of the Commission or the Executive Director and
White House Liaison may, on behalf of the Commission--
(A) procure supplies, services, and property; and
(B) enter into contracts, leases, and other legal
agreements.
(2) Restrictions.--
(A) Who may act on behalf of commission.--Except as
provided in paragraph (1), nothing in this Act
authorizes a member of the Commission to procure any
item or enter into any agreement described in that
paragraph.
(B) Duration of legal agreements.--A contract,
lease, or other legal agreement entered into by the
Commission may not extend beyond the date of
termination of the Commission.
(3) Supplies and property possessed by commission at
termination.--Any supply, property, or other asset that is
acquired by, and, on the date of termination of the Commission,
remains in the possession of, the Commission shall be
considered property of the General Services Administration.
(g) Exclusive Right to Name, Logos, Emblems, Seals, and Marks.--
(1) In general.--The Commission may devise any logo,
emblem, seal, or other designating mark that the Commission
determines--
(A) to be required to carry out the duties of the
Commission; or
(B) to be appropriate for use in connection with
the commemoration of Memorial Day or the National
Moment of Remembrance.
(2) Licensing.--
(A) In general.--The Commission--
(i) shall have the sole and exclusive right
to use the name ``White House Commission on the
National Moment of Remembrance'' on any logo,
emblem, seal, or descriptive or designating
mark that the Commission lawfully adopts; and
(ii) shall have the sole and exclusive
right to allow or refuse the use by any other
entity of the name ``White House Commission on
the National Monument of Remembrance'' on any
logo, emblem, seal, or descriptive or
designating mark.
(B) Transfer on termination.--Unless otherwise
provided by law, all rights of the Commission under
subparagraph (A) shall be transferred to the
Administrator of General Services on the date of
termination of the Commission.
(3) Effect on other rights.--Nothing in this subsection
affects any right established or vested before the date of
enactment of this Act.
(4) Use of funds.--The Commission may, without further Act
of appropriation, use funds received from licensing royalties
under this section to carry out this Act.
SEC. 8. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government may be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member of the Commission may be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--The Chairperson of the Commission or the Executive
Director and White House Liaison may, without regard to the civil
service laws (including regulations), appoint and terminate such
additional personnel as are necessary to enable the Commission to
perform the duties of the Commission.
(2) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the Executive Director and White House
Liaison and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates.
(B) Maximum rate of pay.--The rate of pay for the
Executive Director and White House Liaison and other
personnel shall not exceed the rate equal to the daily
equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
(including travel time) during which the member is
engaged in the performance of the duties of the
Commission.
(d) Detail of Federal Government Employees.--
(1) In general.--In addition to the details under paragraph
(2), on request of the Chairperson, the Vice Chairperson, or
the Executive Director and White House Liaison, an employee of
the Federal Government may be detailed to the Commission
without reimbursement.
(2) Detail of specific employees.--
(A) Military details.--
(i) Army; air force.--The Secretary of the
Army and the Secretary of the Air Force shall
each detail a commissioned officer above the
grade of captain to assist the Commission in
carrying out this Act.
(ii) Navy.--The Secretary of the Navy shall
detail a commissioned officer of the Navy above
the grade of lieutenant and a commissioned
officer of the Marine Corps above the grade of
captain to assist the Commission in carrying
out this Act.
(B) Veterans affairs; education.--The Secretary of
Veterans Affairs and the Secretary of Education shall
each detail an officer or employee compensated above
the level of GS-12 in accordance with subchapter III of
chapter 53 of title 5, United States Code to assist the
Commission in carrying out this Act.
(3) Civil service status.--The detail of any officer or
employee under this subsection shall be without interruption or
loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(f) Cooperative Agreements.--
(1) In general.--The Commission may enter into a
cooperative agreement with another entity, including any
Federal agency, State or local government, or private entity,
under which the entity may assist the Commission in--
(A) carrying out the duties of the Commission under
this Act; and
(B) contributing to public awareness of and
interest in Memorial Day and the National Moment of
Remembrance.
(2) Administrative support services.--On the request of the
Commission, the Administrator of General Services shall provide
to the Commission, on a reimbursable basis, any administrative
support services and any property, equipment, or office space
that the Commission determines to be necessary to carry out
this Act.
(g) Support From Nonprofit Sector.--The Commission may accept
program support from nonprofit organizations.
SEC. 9. REMEMBRANCE ALLIANCE.
(a) Establishment.--There is established the Remembrance Alliance.
(b) Composition.--
(1) Members.--The Alliance shall be composed of
individuals, appointed by the Commission, that are
representatives or members of--
(A) the print, broadcast, or other media industry;
(B) the national sports community;
(C) the recreation industry;
(D) the entertainment industry;
(E) the retail industry;
(F) the food industry;
(G) the health care industry;
(H) the transportation industry;
(I) the education community;
(J) national veterans organizations; and
(K) families that have lost loved ones in combat.
(2) Honorary members.--On recommendation of the Alliance,
the Commission may appoint honorary, nonvoting members to the
Alliance.
(3) Vacancies.--Any vacancy in the membership of the
Alliance shall be filled in the same manner in which the
original appointment was made.
(4) Meetings.--The Alliance shall conduct meetings in
accordance with procedures approved by the Commission.
(c) Term.--The Commission may fix the term of appointment for
members of the Alliance.
(d) Duties.--The Alliance shall assist the Commission in carrying
out this Act by--
(1) planning, organizing, and implementing an annual White
House Conference on the National Moment of Remembrance and
other similar events;
(2) promoting the observance of Memorial Day and the
National Moment of Remembrance through appropriate means,
subject to any guidelines developed by the Commission;
(3) establishing necessary incentives for Federal, State,
and local governments and private sector entities to sponsor
and participate in programs initiated by the Commission or the
Alliance;
(4) evaluating the effectiveness of efforts by the
Commission and the Alliance in carrying out this Act; and
(5) carrying out such other duties as are assigned by the
Commission.
(e) Alliance Personnel Matters.--
(1) Compensation of members.--A member of the Alliance
shall serve without compensation for the services of the member
to the Alliance.
(2) Travel expenses.--A member of the Alliance may be
allowed reimbursement for travel expenses, including per diem
in lieu of subsistence, at rates authorized for an employee of
an agency under subchapter I of chapter 57 of title 5, United
States Code, while away from the home or regular place of
business of the member in the performance of the duties of the
Commission.
(f) Termination.--The Alliance shall terminate on the date of
termination of the Commission.
SEC. 10. EXECUTIVE DIRECTOR AND WHITE HOUSE LIAISON.
(a) Appointment.--
(1) In general.--The Director of the Committee Management
Secretariat Staff of the General Services Administration shall
appoint an individual as Executive Director and White House
Liaison.
(2) Inapplicability of certain civil service laws.--The
Executive Director and White House Liaison may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(b) Duties.--The Executive Director and White House Liaison shall--
(1) serve as a liaison between the Commission and the
President;
(2) serve as chief of staff of the Commission; and
(3) coordinate the efforts of the Commission and the
President on all matters relating to this Act, including
matters relating to the National Moment of Remembrance.
(c) Compensation.--The Executive Director and White House Liaison
may be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which the Executive Director and
White House Liaison is engaged in the performance of the duties of the
Commission.
SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.
(a) In General.--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.
(b) Access.--The Commission shall ensure that the Comptroller
General, in conducting an audit under this section, has--
(1) 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
(2) full ability to verify the financial transactions of
the Commission, including access to any financial records or
securities held for the Commission by depositories, fiscal
agents, or custodians.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act, to
remain available until expended--
(1) $500,000 for fiscal year 2001; and
(2) $250,000 for each of fiscal years 2002 through 2009.
SEC. 13. TERMINATION.
The Commission shall terminate on the earlier of--
(1) a date specified by the President that is at least 2
years after the date of enactment of this Act; or
(2) the date that is 10 years after the date of enactment
of this Act.
Passed the Senate October 27 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 3181
_______________________________________________________________________
AN ACT
To establish the White House Commission on the National Moment of
Remembrance, and for other purposes.
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