I

106TH CONGRESS

2D SESSION H. R. 5391

To establish the White House Commission on the National Moment of

Remembrance.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 5, 2000

Mr. ROHRABACHER introduced the following bill; which was referred to the

Committee on Government Reform

A BILL

To establish the White House Commission on the National

Moment of Remembrance.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Moment of

5 Remembrance Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) It is essential to remember and renew the

9 legacy of Memorial Day, which was established in

10 1868 to pay tribute to those individuals who have
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1 made the ultimate sacrifice in service to the United

2 States and their families.

3 (2) Greater strides must be made to dem4 onstrate appreciation for these loyal Americans

5 whose values, represented by their sacrifices, are

6 critical to the future of the Nation.

7 (3) The Government has a responsibility to

8 raise awareness of and respect for national heritage

9 and to encourage citizens to dedicate themselves to

10 the values and principles for which the Nation’s he11 roes died.

12 (4) The relevance of Memorial Day must be

13 made more apparent to present and future genera14 tions of Americans through local and national ob15 servances and ongoing activities.

16 (5) In House Concurrent Resolution 302 agreed

17 to May 25, 2000, the Congress called on the people

18 of the United States in a symbolic act of unity to

19 observe a National Moment of Remembrance to

20 honor the men and women of the United States who

21 died in the pursuit of freedom and peace.

22 (6) In Presidential Proclamation No. 7315 (65

23 Fed. Reg. 34907), the President proclaimed Memo24 rial Day, May 29, 2000, as a day of prayer for per25 manent peace, and designated 3:00 p.m. local time
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1 on that day as the time to join in prayer and to ob2 serve the National Moment of Remembrance.

3 (7) A National Moment of Remembrance and

4 other commemorative events are needed to reclaim

5 Memorial Day as the sacred and noble event it is in6 tended to be.

7 SEC. 3. NATIONAL MOMENT OF REMEMBRANCE COMMIS8 SION.

9 There is established within the executive branch a

10 commission to be known as the White House Commission

11 on the National Moment of Remembrance.

12 SEC. 4. COMMISSION MEMBERSHIP.

13 (a) NUMBER AND APPOINTMENT.—The Commission

14 shall be composed of 13 members, as follows:

15 (1) 4 members appointed by the President, in16 cluding a representative of tribal governments.

17 (2) The Secretary of Defense, or a designee of

18 the Secretary.

19 (3) The Secretary of Veterans Affairs, or a des20 ignee of the Secretary.

21 (4) The Secretary of the Smithsonian Institu22 tion, or a designee of the Secretary.

23 (5) The Director of the Office of Personnel

24 Management, or a designee of the Director.
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1 (6) The Administrator of General Services, or a

2 designee of the Administrator.

3 (7) The Secretary of Transportation, or a des4 ignee of the Secretary.

5 (8) The Secretary of Education, or a designee

6 of the Secretary.

7 (9) The Secretary of the Interior, or a designee

8 of the Secretary.

9 (10) The Executive Director of the President’s

10 Commission on White House Fellows, or a designee

11 of the Executive Director.

12 (b) APPOINTMENTS.—All appointments under sub13 section (a) shall be made not later than 90 days after the

14 date of the enactment of this Act.

15 (c) VACANCIES.—Any vacancy in the Commission

16 shall be filled in the same manner in which the original

17 appointment was made.

18 (d) EX OFFICIO MEMBERS.—In addition to the mem19 bers appointed under subsection (a), the Commission shall

20 include nonvoting, ex officio members, as follows:

21 (1) The Secretary of the Army, or a designee

22 of the Secretary.

23 (2) The Secretary of the Navy, or a designee of

24 the Secretary.
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1 (3) The Secretary of the Air Force, or a des2 ignee of the Secretary.

3 (4) The Commandant of the Marine Corps, or

4 a designee of the Commandant.

5 (5) The Commandant of the Coast Guard, or a

6 designee of the Commandant.

7 (6) The Librarian of Congress, or a designee of

8 the Librarian.

9 (7) Any other members the Commission deter10 mines necessary to fulfill its mission.

11 (e) COMPENSATION.—

12 (1) PROHIBITION OF PAY.—Members of the

13 Commission, including ex officio members, shall re14 ceive no pay for their service on the Commission.

15 (2) TRAVEL EXPENSES.—Each member of the

16 Commission, including each ex officio member, shall

17 receive reimbursement for travel expenses, including

18 per diem in lieu of subsistence, in accordance with

19 sections 5702 and 5703 of title 5, United States

20 Code.

21 (f) QUORUM.—A majority of the members of the

22 Commission, excluding ex officio members, shall constitute

23 a quorum, but a lesser number may hold hearings.

24 (g) MEETING; CHAIRPERSON; VICE CHAIRPERSON.—

25 Not later than the date under subsection (b) for comple-
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1 tion of appointments, the Commission shall meet and se2 lect a Chairperson and Vice Chairperson from the mem3 bers appointed under subsection (a).

4 SEC. 5. DUTIES.

5 The Commission shall—

6 (1) encourage Americans to give something

7 back to the Nation, which provides them so much

8 freedom and opportunity;

9 (2) encourage national, State, local, and tribal

10 participation in commemoration of Memorial Day

11 and the National Moment of Remembrance by indi12 viduals and entities including—

13 (A) national humanitarian and patriotic

14 organizations;

15 (B) elementary, secondary, and higher edu16 cation institutions;

17 (C) veterans’ societies and civic, patriotic,

18 educational, sporting, artistic, cultural, and his19 torical organizations;

20 (D) Federal departments and agencies;

21 (E) museums, including cultural and his22 torical museums; and

23 (F) State, local, and tribal governments;

24 and
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1 (3) provide national coordination for commemo2 rations in the United States of Memorial Day or the

3 National Moment of Remembrance.

4 SEC. 6. POWERS AND LIMITATIONS.

5 (a) HEARINGS AND SESSIONS.—

6 (1) IN GENERAL.—The Commission may, for

7 the purpose of carrying out this Act, hold hearings,

8 sit and act at times and places, take testimony, and

9 receive evidence as the Commission considers appro10 priate.

11 (2) PUBLIC PARTICIPATION.—The Commission

12 shall provide for reasonable public participation in

13 matters before the Commission.

14 (b) POWERS OF MEMBERS AND AGENTS.—Any mem15 ber or agent of the Commission may, if authorized by the

16 Commission, take any action that the Commission is au17 thorized to take under this Act.

18 (c) AUTHORITY TO PROCURE AND TO MAKE LEGAL

19 AGREEMENTS.—

20 (1) IN GENERAL.—To the extent or in the

21 amounts provided in advance in appropriations Acts,

22 the Chairperson, the Vice Chairperson, or the Exec23 utive Director and White House Liaison of the Com24 mission may procure on behalf of the Commission

25 supplies, services, and property, and enter into
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1 leases and other legal agreements in order to carry

2 out this Act.

3 (2) RESTRICTIONS.—

4 (A) WHO MAY ACT ON BEHALF OF COM5 MISSION.—Except as provided in paragraph (1),

6 no person is authorized by this Act to make

7 such procurements or enter into such leases or

8 other legal agreements.

9 (B) DURATION OF LEGAL AGREEMENTS.—

10 A contract, lease, or other legal agreement en11 tered into by the Commission may not extend

12 beyond the date of the termination of the Com13 mission.

14 (d) ADMINISTRATIVE SUPPORT SERVICES.—Upon

15 the request of the Commission, the Administrator of Gen16 eral Services shall provide to the Commission, on a reim17 bursable basis, the administrative support services, includ18 ing the provision of property, equipment, and office space,

19 necessary for the Commission to carry out its responsibil20 ities under this Act.

21 (e) SUPPLIES AND PROPERTY POSSESSED BY COM22 MISSION AT TERMINATION.—Any supplies, property, or

23 other assets that are acquired by the Commission under

24 this Act and remain in the possession of the Commission

25 on the date of the termination of the Commission shall
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1 become property of the General Services Administration

2 on that date.

3 (f) MAILS.—The Commission may use the United

4 States mails in the same manner and under the same con5 ditions as other departments and agencies of the United

6 States.

7 SEC. 7. EXECUTIVE DIRECTOR AND WHITE HOUSE LIAISON;

8 STAFF; SUPPORT SERVICES.

9 (a) EXECUTIVE DIRECTOR AND WHITE HOUSE LIAI10 SON OF THE COMMISSION.—

11 (1) APPOINTMENT.—The Director of the Com12 mittee Management Secretariat of the General Serv13 ices Administration shall appoint an individual as

14 Executive Director and White House Liaison.

15 (2) DUTIES.—The Executive Director and

16 White House Liaison shall serve as a liaison between

17 the Commission and the President and shall coordi18 nate the efforts of the Commission and the Presi19 dent on all matters relating to this Act, including

20 matters relating to the National Moment of Remem21 brance.

22 (3) EX OFFICIO MEMBER.—The Executive Di23 rector and White House Liaison shall be a non24 voting, ex officio member of the Commission.
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1 (4) PAY.—The Executive Director and White

2 House Liaison may be paid at a rate not to exceed

3 the maximum rate of basic pay for level IV of the

4 Executive Schedule.

5 (b) STAFF.—The Commission may appoint and fix

6 the pay of additional personnel as it considers appropriate,

7 except that an individual appointed under this subsection

8 may not receive pay in excess of the maximum rate of

9 basic pay for GS–15 of the General Schedule.

10 (c) INAPPLICABILITY OF CERTAIN CIVIL SERVICE

11 LAWS.—The Executive Director and White House Liaison

12 and the staff of the Commission may be appointed without

13 regard to the provisions of title 5, United States Code,

14 governing appointments in the competitive service and

15 may be paid without regard to the provisions of chapter

16 51 and subchapter III of chapter 53 of such title, relating

17 to classification and General Schedule pay rates, except

18 as provided under subsections (a) and (b).

19 (d) FEDERAL COOPERATION.—To ensure the overall

20 success of the Commission’s efforts, the Commission may

21 request the head of any department or agency of the

22 United States to furnish information or render assistance

23 to the Commission for the purpose of carrying out this

24 Act. Upon such a request, the head of that department
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1 or agency, if appropriate and unless prohibited by law,

2 shall furnish such information or render such assistance.

3 (e) DETAIL OF STAFF OF FEDERAL AGENCIES.—

4 Upon request by the Chairperson, the Vice Chairperson,

5 or the Executive Director and White House Liaison of the

6 Commission, the head of any department or agency of the

7 United States may detail to the Commission, on a non8 reimbursable basis, any of the personnel of the department

9 or agency to assist the Commission to carry out its duties

10 under this Act.

11 (f) COOPERATIVE AGREEMENTS.—The Commission

12 may enter into any cooperative agreement with another

13 entity, including any Federal agency, State or local gov14 ernment, or private entity, under which the entity may as15 sist the Commission to carry out its duties under this Act

16 and contribute to public awareness of and interest in Me17 morial Day and the National Moment of Remembrance.

18 (g) SUPPORT FROM NONPROFIT SECTOR.—The

19 Commission may receive program support from the non20 profit sector.

21 SEC. 8. CONTRIBUTIONS.

22 (a) GIFTS, BEQUESTS, AND DEVISES.—To the extent

23 or in the amounts provided in advance in appropriations

24 Acts, the Commission may solicit, accept, use, and dispose
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1 of gifts, bequests, or devises of property, real and per2 sonal, for the purpose of the work of the Commission.

3 (b) VOLUNTEER SERVICES.—The Commission may

4 accept and use voluntary and uncompensated services as

5 the Commission determines necessary.

6 SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,

7 SEALS, AND MARKS.

8 (a) IN GENERAL.—The Commission may devise any

9 logo, emblem, seal, or other designating mark that is re10 quired to carry out its duties or that it determines is ap11 propriate for use in connection with the commemoration

12 of Memorial Day or the National Moment of Remem13 brance.

14 (b) LICENSING.—The Commission shall have the sole

15 and exclusive right to use, or to allow or refuse the use

16 of, the name ‘‘White House Commission on the National

17 Moment of Remembrance’’ on any logo, emblem, seal, or

18 descriptive or designating mark that the Commission law19 fully adopts.

20 (c) EFFECT ON OTHER RIGHTS.—This section shall

21 not be construed to affect established or vested rights.

22 (d) USE OF FUNDS.—To the extent and in the

23 amounts provided in advance in appropriations Acts,

24 funds from licensing royalties received pursuant to this
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1 section shall be available to the Commission to carry out

2 the duties of the Commission.

3 (e) LICENSING RIGHTS.—Unless otherwise provided

4 by law, all rights of the Commission under subsection (b)

5 shall transfer to the Administrator of General Services

6 upon termination of the Commission.

7 SEC. 10. ANNUAL REPORTS.

8 (a) IN GENERAL.—In each fiscal year in which the

9 Commission is in existence, the Commission shall submit

10 to the President and the Congress a report describing the

11 Commission’s activities during that fiscal year.

12 (b) CONTENTS.—Each such annual report may in13 clude the following:

14 (1) Recommendations regarding appropriate ac15 tivities to commemorate Memorial Day and the Na16 tional Moment of Remembrance, including—

17 (A) the production, publication, and dis18 tribution of books, pamphlets, films, and other

19 educational materials;

20 (B) bibliographical and documentary

21 projects and publications;

22 (C) conferences, convocations, lectures,

23 seminars, and other similar programs;
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1 (D) the development of exhibits for librar2 ies, museums, and other appropriate institu3 tions;

4 (E) ceremonies and celebrations commemo5 rating specific events that relate to the history

6 of wars of the United States; and

7 (F) competitions, commissions, and awards

8 regarding historical, scholarly, artistic, literary,

9 musical, and other works, programs, and

10 projects related to commemoration of Memorial

11 Day and the National Moment of Remem12 brance.

13 (2) Recommendations to appropriate agencies

14 or advisory bodies regarding the issuance by the

15 United States of commemorative coins, medals, and

16 stamps relating to Memorial Day and the National

17 Moment of Remembrance.

18 (3) Recommendations for any legislation or ad19 ministrative action that the Commission determines

20 to be appropriate regarding the commemoration of

21 Memorial Day and the National Moment of Remem22 brance.

23 (4) An accounting of funds received and ex24 pended by the Commission in the fiscal year that the

25 report concerns, including a detailed description of
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1 the source and amount of any funds donated to the

2 Commission in that fiscal year.

3 (5) A description of cooperative agreements and

4 contract agreements entered into by the Commis5 sion.

6 SEC. 11. MOMENT OF REMEMBRANCE ALLIANCE.

7 (a) ESTABLISHMENT.—There is established as an

8 agency of the Commission the Moment of Remembrance

9 Alliance.

10 (b) NUMBER AND APPOINTMENT.—The Moment of

11 Remembrance Alliance shall consist of members appointed

12 by the Commission from among the following:

13 (1) The print, broadcast, or other media.

14 (2) The national sports community.

15 (3) The recreation industry.

16 (4) The entertainment industry.

17 (5) The retail industry.

18 (6) The food industry.

19 (7) The health care industry.

20 (8) The transportation industry.

21 (9) The education community.

22 (10) National veterans organizations.

23 (11) Families who have lost loved ones in com24 bat.
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1 (c) DUTIES.—The Moment of Remembrance Alliance

2 shall assist the Commission to carry out this Act, includ3 ing by—

4 (1) planning, organizing, and implementing an

5 annual White House Conference on the National

6 Moment of Remembrance and other similar events;

7 (2) promoting the observance of Memorial Day

8 and the National Moment of Remembrance through

9 appropriate means, subject to any guidelines devel10 oped by the Commission;

11 (3) establishing necessary and appropriate in12 centives for Federal, State, and local governments

13 and private sector entities to sponsor and participate

14 in programs initiated by the Commission or the Mo15 ment of Remembrance Alliance; and

16 (4) evaluating the effectiveness of efforts by the

17 Commission and the Moment of Remembrance Alli18 ance in carrying out this Act.

19 (d) TERMS OF APPOINTMENT.—The Commission

20 may fix the term of appointment for members of the Mo21 ment of Remembrance Alliance.

22 (e) HONORARY MEMBERS.—Upon recommendation

23 of the Moment of Remembrance Alliance, the Commission

24 may appoint honorary, nonvoting members of the Moment
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1 of Remembrance Alliance who are necessary to carrying

2 out this Act.

3 (f) VACANCIES.—Any vacancy in the membership of

4 the Moment of Remembrance Alliance shall be filled in

5 the same manner in which the original appointment was

6 made.

7 (g) MEETINGS.—The Moment of Remembrance Alli8 ance shall conduct meetings in accordance with procedures

9 approved by the Commission.

10 (h) PROHIBITION OF COMPENSATION OTHER THAN

11 TRAVEL EXPENSES.—

12 (1) PROHIBITION OF PAY.—Members of the

13 Moment of Remembrance Alliance shall receive no

14 pay for their service on the Moment of Remem15 brance Alliance.

16 (2) TRAVEL EXPENSES.—Members of the Mo17 ment of Remembrance Alliance shall receive reim18 bursement for travel expenses authorized by the Ex19 ecutive Director and White House Liaison, including

20 per diem in lieu of subsistence, in accordance with

21 sections 5702 and 5703 of title 5, United States

22 Code.

23 (i) TERMINATION.—The Moment of Remembrance

24 Alliance shall terminate at the time of termination of the

25 Commission.
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1 SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS.

2 (a) AUDIT.—The Comptroller General of the United

3 States shall audit on an annual basis the financial trans4 actions of the Commission, including financial trans5 actions involving donated funds, in accordance with gen6 erally accepted auditing standards.

7 (b) ACCESS.—The Commission shall ensure that the

8 Comptroller General, in conducting an audit under this

9 section, has—

10 (1) access to all books, accounts, financial

11 records, reports, files, and other papers, items, or

12 property in use by the Commission, as necessary to

13 facilitate the audit; and

14 (2) full facilities for verifying the financial

15 transactions of the Commission, including access to

16 any financial records or securities held for the Com17 mission by depositories, fiscal agents, or custodians.

18 SEC. 13. TERMINATION.

19 The Commission shall terminate on the earlier of—

20 (1) a date specified by the President that is at

21 least 2 years after the date of the enactment of this

22 Act; or

23 (2) 10 years after the date of the enactment of

24 this Act.

25 SEC. 14. DEFINITIONS.

26 In this Act:
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1 (1) COMMISSION.—The term ‘‘Commission’’

2 means the White House Commission on the National

3 Moment of Remembrance.

4 (2) MEMORIAL DAY.—The term ‘‘Memorial

5 Day’’ means the legal public holiday designated as

6 Memorial Day in section 6103(a) of title 5, United

7 States Code.

8 (3) TRIBAL GOVERNMENT.—The term ‘‘tribal

9 government’’ means the governing body of an Indian

10 tribe, as defined in section 4(e) of the Indian Self11 Determination and Education Assistance Act (25

12 U.S.C. 450b(e)).

13 SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—There are authorized to be appro15 priated to the Commission to carry out this Act (subject

16 to termination of the Commission under section 13)

17 $500,000 for fiscal year 2001, and $250,000 for each of

18 fiscal years 2002, 2003, 2004, 2005, 2006, 2007, 2008,

19 and 2009.

20 (b) AVAILABILITY.—Funds appropriated for use by

21 the Commission may remain available until expended.

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