II

106TH CONGRESS

2D SESSION S. 3181

To establish the White House Commission on the National Moment of

Remembrance, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 10 (legislative day, SEPTEMBER 22), 2000

Mr. HAGEL introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To establish the White House Commission on the National

Moment of Remembrance, and for other purposes.

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 Congress finds that—

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 individuals who have made
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1 the ultimate sacrifice in service to the United States

2 and their families;

3 (2) greater strides must be made to dem4 onstrate appreciation for those loyal people of the

5 United States whose values, represented by their

6 sacrifices, are critical to the future of the United

7 States;

8 (3) the Federal Government has a responsibility

9 to raise awareness of and respect for the national

10 heritage, and to encourage citizens to dedicate them11 selves to the values and principles for which those

12 heroes of the United States died;

13 (4) the relevance of Memorial Day must be

14 made more apparent to present and future genera15 tions of people of the United States through local

16 and national observances and ongoing activities;

17 (5) in House Concurrent Resolution 302,

18 agreed to May 25, 2000, Congress called on the peo19 ple of the United States, in a symbolic act of unity,

20 to observe a National Moment of Remembrance to

21 honor the men and women of the United States who

22 died in the pursuit of freedom and peace;

23 (6) in Presidential Proclamation No. 7315 of

24 May 26, 2000 (65 Fed. Reg. 34907), the President

25 proclaimed Memorial Day, May 29, 2000, as a day
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1 of prayer for permanent peace, and designated 3:00

2 p.m. local time on that day as the time to join in

3 prayer and to observe the National Moment of Re4 membrance; and

5 (7) a National Moment of Remembrance and

6 other commemorative events are needed to reclaim

7 Memorial Day as the sacred and noble event that

8 that day is intended to be.

9 SEC. 3. DEFINITIONS.

10 In this Act:

11 (1) ALLIANCE.—The term ‘‘Alliance’’ means

12 the Remembrance Alliance established by section

13 9(a).

14 (2) COMMISSION.—The term ‘‘Commission’’

15 means the White House Commission on the National

16 Moment of Remembrance established by section

17 5(a).

18 (3) EXECUTIVE DIRECTOR AND WHITE HOUSE

19 LIAISON.—The term ‘‘Executive Director and White

20 House Liaison’’ means the Executive Director and

21 White House Liaison appointed under section

22 10(a)(1).

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

24 Day’’ means the legal public holiday designated as
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1 Memorial Day by section 6103(a) of title 5, United

2 States Code.

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

4 government’’ means the governing body of an Indian

5 tribe (as defined in section 4 of the Indian Self-De6 termination and Education Assistance Act (25

7 U.S.C. 450b).

8 SEC. 4. NATIONAL MOMENT OF REMEMBRANCE.

9 The minute beginning at 3:00 p.m. (local time) on

10 Memorial Day each year is designated as the ‘‘National

11 Moment of Remembrance’’.

12 SEC. 5. ESTABLISHMENT OF WHITE HOUSE COMMISSION

13 ON THE NATIONAL MOMENT OF REMEM14 BRANCE.

15 (a) ESTABLISHMENT.—There is established a com16 mission to be known as the ‘‘White House Commission

17 on the National Moment of Remembrance’’.

18 (b) MEMBERSHIP.—

19 (1) COMPOSITION.—The Commission shall be

20 composed of the following:

21 (A) 4 members appointed by the President,

22 including at least 1 representative of tribal gov23 ernments.

24 (B) The Secretary of Defense (or a des25 ignee).
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1 (C) The Secretary of Veterans Affairs (or

2 a designee).

3 (D) The Secretary of the Smithsonian In4 stitution (or a designee).

5 (E) The Director of the Office of Per6 sonnel Management (or a designee).

7 (F) The Administrator of General Services

8 (or a designee).

9 (G) The Secretary of Transportation (or a

10 designee).

11 (H) The Secretary of Education (or a des12 ignee).

13 (I) The Secretary of the Interior (or a des14 ignee).

15 (J) The Executive Director of the Presi16 dent’s Commission on White House Fellows (or

17 a designee).

18 (K) The Secretary of the Army (or a des19 ignee).

20 (L) The Secretary of the Navy (or a des21 ignee).

22 (M) The Secretary of the Air Force (or a

23 designee).

24 (N) The Commandant of the Marine Corps

25 (or a designee).
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1 (O) The Commandant of the Coast Guard

2 (or a designee).

3 (P) The Executive Director and White

4 House Liaison (or a designee).

5 (Q) The Chief of Staff of the Army.

6 (R) The Chief of Naval Operations.

7 (S) The Chief of Staff of the Air Force.

8 (T) Any other member, the appointment of

9 whom the Commission determines is necessary

10 to carry out this Act.

11 (2) NONVOTING MEMBERS.—The members ap12 pointed to the Commission under subparagraphs (K)

13 through (T) of paragraph (1) shall be nonvoting

14 members.

15 (3) DATE OF APPOINTMENTS.—All appoint16 ments under paragraph (1) shall be made not later

17 than 90 days after the date of enactment of this

18 Act.

19 (c) TERM; VACANCIES.—

20 (1) TERM.—A member shall be appointed to

21 the Commission for the life of the Commission.

22 (2) VACANCIES.—A vacancy on the

23 Commission—

24 (A) shall not affect the powers of the Com25 mission; and
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1 (B) shall be filled in the same manner as

2 the original appointment was made.

3 (d) INITIAL MEETING.—Not later than 30 days after

4 the date specified in subsection (b)(3) for completion of

5 appointments, the Commission shall hold the initial meet6 ing of the Commission.

7 (e) MEETINGS.—The Commission shall meet at the

8 call of the Chairperson.

9 (f) QUORUM.—A majority of the voting members of

10 the Commission shall constitute a quorum, but a lesser

11 number of members may hold hearings.

12 (g) CHAIRPERSON AND VICE CHAIRPERSON.—The

13 Commission shall select a Chairperson and a Vice Chair14 person from among the members of the Commission at

15 the initial meeting of the Commission.

16 SEC. 6. DUTIES.

17 (a) IN GENERAL.—The Commission shall—

18 (1) encourage the people of the United States

19 to give something back to their country, which pro20 vides them so much freedom and opportunity;

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

22 participation by individuals and entities in com23 memoration of Memorial Day and the National Mo24 ment of Remembrance, including participation by—
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1 (A) national humanitarian and patriotic

2 organizations;

3 (B) elementary, secondary, and higher edu4 cation institutions;

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

6 educational, sporting, artistic, cultural, and his7 torical organizations;

8 (D) Federal departments and agencies;

9 and

10 (E) museums, including cultural and his11 torical museums; and

12 (3) provide national coordination for commemo13 rations in the United States of Memorial Day and

14 the National Moment of Remembrance.

15 (b) REPORTS.—

16 (1) IN GENERAL.—For each fiscal year in

17 which the Commission is in existence, the Commis18 sion shall submit to the President and Congress a

19 report describing the activities of the Commission

20 during the fiscal year.

21 (2) CONTENTS.—A report under paragraph (1)

22 may include—

23 (A) recommendations regarding appro24 priate activities to commemorate Memorial Day
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1 and the National Moment of Remembrance,

2 including—

3 (i) the production, publication, and

4 distribution of books, pamphlets, films, and

5 other educational materials;

6 (ii) bibliographical and documentary

7 projects and publications;

8 (iii) conferences, convocations, lec9 tures, seminars, and other similar pro10 grams;

11 (iv) the development of exhibits for li12 braries, museums, and other appropriate

13 institutions;

14 (v) ceremonies and celebrations com15 memorating specific events that relate to

16 the history of wars of the United States;

17 and

18 (vi) competitions, commissions, and

19 awards regarding historical, scholarly, ar20 tistic, literary, musical, and other works,

21 programs, and projects related to com22 memoration of Memorial Day and the Na23 tional Moment of Remembrance;

24 (B) recommendations to appropriate agen25 cies or advisory bodies regarding the issuance
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1 by the United States of commemorative coins,

2 medals, and stamps relating to Memorial Day

3 and the National Moment of Remembrance;

4 (C) recommendations for any legislation or

5 administrative action that the Commission de6 termines to be appropriate regarding the com7 memoration of Memorial Day and the National

8 Moment of Remembrance;

9 (D) an accounting of funds received and

10 expended by the Commission in the fiscal year

11 covered by the report, including a detailed de12 scription of the source and amount of any funds

13 donated to the Commission in that fiscal year;

14 and

15 (E) a description of cooperative agree16 ments and contracts entered into by the Com17 mission.

18 SEC. 7. POWERS.

19 (a) HEARINGS.—

20 (1) IN GENERAL.—The Commission may hold

21 such hearings, sit and act at such times and places,

22 take such testimony, and receive such evidence as

23 the Commission considers advisable to carry out this

24 Act.
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1 (2) PUBLIC PARTICIPATION.—The Commission

2 shall provide for reasonable public participation in

3 matters before the Commission.

4 (b) INFORMATION FROM FEDERAL AGENCIES.—

5 (1) IN GENERAL.—The Commission may secure

6 directly from a Federal agency such information as

7 the Commission considers necessary to carry out this

8 Act.

9 (2) PROVISION OF INFORMATION.—On request

10 of the Chairperson of the Commission, the head of

11 the agency shall provide the information to the Com12 mission.

13 (c) POSTAL SERVICES.—The Commission may use

14 the United States mails in the same manner and under

15 the same conditions as other agencies of the Federal Gov16 ernment.

17 (d) GIFTS.—The Commission may solicit, accept, use,

18 and dispose of, without further Act of appropriation, gifts,

19 bequests, devises, and donations of services or property.

20 (e) POWERS OF MEMBERS AND AGENTS.—Any mem21 ber or agent of the Commission may, if authorized by the

22 Commission, take any action that the Commission is au23 thorized to take under this Act.

24 (f) AUTHORITY TO PROCURE AND TO MAKE LEGAL

25 AGREEMENTS.—
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1 (1) IN GENERAL.—Subject to the availability of

2 appropriations, to carry out this Act, the Chair3 person or Vice Chairperson of the Commission or

4 the Executive Director and White House Liaison

5 may, on behalf of the Commission—

6 (A) procure supplies, services, and prop7 erty; and

8 (B) enter into contracts, leases, and other

9 legal agreements.

10 (2) RESTRICTIONS.—

11 (A) WHO MAY ACT ON BEHALF OF COM12 MISSION.—Except as provided in paragraph (1),

13 nothing in this Act authorizes a member of the

14 Commission to procure any item or enter into

15 any agreement described in that paragraph.

16 (B) DURATION OF LEGAL AGREEMENTS.—

17 A contract, lease, or other legal agreement en18 tered into by the Commission may not extend

19 beyond the date of termination of the Commis20 sion.

21 (3) SUPPLIES AND PROPERTY POSSESSED BY

22 COMMISSION AT TERMINATION.—Any supply, prop23 erty, or other asset that is acquired by, and, on the

24 date of termination of the Commission, remains in

25 the possession of, the Commission shall be consid-
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1 ered property of the General Services Administra2 tion.

3 (g) EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,

4 SEALS, AND MARKS.—

5 (1) IN GENERAL.—The Commission may devise

6 any logo, emblem, seal, or other designating mark

7 that the Commission determines—

8 (A) to be required to carry out the duties

9 of the Commission; or

10 (B) to be appropriate for use in connection

11 with the commemoration of Memorial Day or

12 the National Moment of Remembrance.

13 (2) LICENSING.—

14 (A) IN GENERAL.—The Commission—

15 (i) shall have the sole and exclusive

16 right to use the name ‘‘White House Com17 mission on the National Moment of Re18 membrance’’ on any logo, emblem, seal, or

19 descriptive or designating mark that the

20 Commission lawfully adopts; and

21 (ii) shall have the sole and exclusive

22 right to allow or refuse the use by any

23 other entity of the name ‘‘White House

24 Commission on the National Monument of
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1 Remembrance’’ on any logo, emblem, seal,

2 or descriptive or designating mark.

3 (B) TRANSFER ON TERMINATION.—Unless

4 otherwise provided by law, all rights of the

5 Commission under subparagraph (A) shall be

6 transferred to the Administrator of General

7 Services on the date of termination of the Com8 mission.

9 (3) EFFECT ON OTHER RIGHTS.—Nothing in

10 this subsection affects any right established or vest11 ed before the date of enactment of this Act.

12 (4) USE OF FUNDS.—The Commission may,

13 without further Act of appropriation, use funds re14 ceived from licensing royalties under this section to

15 carry out this Act.

16 SEC. 8. COMMISSION PERSONNEL MATTERS.

17 (a) COMPENSATION OF MEMBERS.—

18 (1) NON-FEDERAL EMPLOYEES.—A member of

19 the Commission who is not an officer or employee of

20 the Federal Government may be compensated at a

21 rate equal to the daily equivalent of the annual rate

22 of basic pay prescribed for level IV of the Executive

23 Schedule under section 5315 of title 5, United

24 States Code, for each day (including travel time)
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1 during which the member is engaged in the perform2 ance of the duties of the Commission.

3 (2) FEDERAL EMPLOYEES.—A member of the

4 Commission who is an officer or employee of the

5 Federal Government shall serve without compensa6 tion in addition to the compensation received for the

7 services of the member as an officer or employee of

8 the Federal Government.

9 (b) TRAVEL EXPENSES.—A member of the Commis10 sion may be allowed travel expenses, including per diem

11 in lieu of subsistence, at rates authorized for an employee

12 of an agency under subchapter I of chapter 57 of title

13 5, United States Code, while away from the home or reg14 ular place of business of the member in the performance

15 of the duties of the Commission.

16 (c) STAFF.—The Chairperson of the Commission or

17 the Executive Director and White House Liaison may,

18 without regard to the civil service laws (including regula19 tions), appoint and terminate such additional personnel as

20 are necessary to enable the Commission to perform the

21 duties of the Commission.

22 (2) COMPENSATION.—

23 (A) IN GENERAL.—Except as provided in

24 subparagraph (B), the Chairperson of the Com25 mission may fix the compensation of the Execu-
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1 tive Director and White House Liaison and

2 other personnel without regard to the provisions

3 of chapter 51 and subchapter III of chapter 53

4 of title 5, United States Code, relating to classi5 fication of positions and General Schedule pay

6 rates.

7 (B) MAXIMUM RATE OF PAY.—The rate of

8 pay for the Executive Director and White

9 House Liaison and other personnel shall not ex10 ceed the rate equal to the daily equivalent of

11 the annual rate of basic pay prescribed for level

12 IV of the Executive Schedule under section

13 5315 of title 5, United States Code, for each

14 day (including travel time) during which the

15 member is engaged in the performance of the

16 duties of the Commission.

17 (d) DETAIL OF FEDERAL GOVERNMENT EMPLOY18 EES.—

19 (1) IN GENERAL.—In addition to the details

20 under paragraph (2), on request of the Chairperson,

21 the Vice Chairperson, or the Executive Director and

22 White House Liaison, an employee of the Federal

23 Government may be detailed to the Commission

24 without reimbursement.

25 (2) DETAIL OF SPECIFIC EMPLOYEES.—
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1 (A) MILITARY DETAILS.—

2 (i) ARMY; AIR FORCE.—The Secretary

3 of the Army and the Secretary of the Air

4 Force shall each detail a commissioned of5 ficer above the grade of captain to assist

6 the Commission in carrying out this Act.

7 (ii) NAVY.—The Secretary of the

8 Navy shall detail a commissioned officer of

9 the Navy above the grade of lieutenant and

10 a commissioned officer of the Marine

11 Corps above the grade of captain to assist

12 the Commission in carrying out this Act.

13 (B) VETERANS AFFAIRS; EDUCATION.—

14 The Secretary of Veterans Affairs and the Sec15 retary of Education shall each detail an officer

16 or employee compensated above the level of GS–

17 12 in accordance with subchapter III of chapter

18 53 of title 5, United States Code to assist the

19 Commission in carrying out this Act.

20 (3) CIVIL SERVICE STATUS.—The detail of any

21 officer or employee under this subsection shall be

22 without interruption or loss of civil service status or

23 privilege.

24 (e) PROCUREMENT OF TEMPORARY AND INTERMIT25 TENT SERVICES.—The Chairperson of the Commission
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1 may procure temporary and intermittent services in ac2 cordance with section 3109(b) of title 5, United States

3 Code, at rates for individuals that do not exceed the daily

4 equivalent of the annual rate of basic pay prescribed for

5 level V of the Executive Schedule under section 5316 of

6 that title.

7 (f) COOPERATIVE AGREEMENTS.—

8 (1) IN GENERAL.—The Commission may enter

9 into a cooperative agreement with another entity, in10 cluding any Federal agency, State or local govern11 ment, or private entity, under which the entity may

12 assist the Commission in—

13 (A) carrying out the duties of the Commis14 sion under this Act; and

15 (B) contributing to public awareness of

16 and interest in Memorial Day and the National

17 Moment of Remembrance.

18 (2) ADMINISTRATIVE SUPPORT SERVICES.—On

19 the request of the Commission, the Administrator of

20 General Services shall provide to the Commission, on

21 a reimbursable basis, any administrative support

22 services and any property, equipment, or office space

23 that the Commission determines to be necessary to

24 carry out this Act.
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1 (g) SUPPORT FROM NONPROFIT SECTOR.—The

2 Commission may accept program support from nonprofit

3 organizations.

4 SEC. 9. REMEMBRANCE ALLIANCE.

5 (a) ESTABLISHMENT.—There is established the Re6 membrance Alliance.

7 (b) COMPOSITION.—

8 (1) MEMBERS.—The Alliance shall be composed

9 of individuals, appointed by the Commission, that

10 are representatives or members of—

11 (A) the print, broadcast, or other media in12 dustry;

13 (B) the national sports community;

14 (C) the recreation industry;

15 (D) the entertainment industry;

16 (E) the retail industry;

17 (F) the food industry;

18 (G) the health care industry;

19 (H) the transportation industry;

20 (I) the education community;

21 (J) national veterans organizations; and

22 (K) families that have lost loved ones in

23 combat.
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1 (2) HONORARY MEMBERS.—On recommenda2 tion of the Alliance, the Commission may appoint

3 honorary, nonvoting members to the Alliance.

4 (3) VACANCIES.—Any vacancy in the member5 ship of the Alliance shall be filled in the same man6 ner in which the original appointment was made.

7 (4) MEETINGS.—The Alliance shall conduct

8 meetings in accordance with procedures approved by

9 the Commission.

10 (c) TERM.—The Commission may fix the term of ap11 pointment for members of the Alliance.

12 (d) DUTIES.—The Alliance shall assist the Commis13 sion in carrying out this Act by—

14 (1) planning, organizing, and implementing an

15 annual White House Conference on the National

16 Moment of Remembrance and other similar events;

17 (2) promoting the observance of Memorial Day

18 and the National Moment of Remembrance through

19 appropriate means, subject to any guidelines devel20 oped by the Commission;

21 (3) establishing necessary incentives for Fed22 eral, State, and local governments and private sector

23 entities to sponsor and participate in programs initi24 ated by the Commission or the Alliance;
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1 (4) evaluating the effectiveness of efforts by the

2 Commission and the Alliance in carrying out this

3 Act; and

4 (5) carrying out such other duties as are as5 signed by the Commission.

6 (e) ALLIANCE PERSONNEL MATTERS.—

7 (1) COMPENSATION OF MEMBERS.—A member

8 of the Alliance shall serve without compensation for

9 the services of the member to the Alliance.

10 (2) TRAVEL EXPENSES.—A member of the Alli11 ance may be allowed reimbursement for travel ex12 penses, including per diem in lieu of subsistence, at

13 rates authorized for an employee of an agency under

14 subchapter I of chapter 57 of title 5, United States

15 Code, while away from the home or regular place of

16 business of the member in the performance of the

17 duties of the Commission.

18 (f) TERMINATION.—The Alliance shall terminate on

19 the date of termination of the Commission.

20 SEC. 10. EXECUTIVE DIRECTOR AND WHITE HOUSE

21 LIAISON.

22 (a) APPOINTMENT.—

23 (1) IN GENERAL.—The Director of the Com24 mittee Management Secretariat Staff of the General
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1 Services Administration shall appoint an individual

2 as Executive Director and White House Liaison.

3 (2) INAPPLICABILITY OF CERTAIN CIVIL SERV4 ICE LAWS.—The Executive Director and White

5 House Liaison may be appointed without regard to

6 the provisions of title 5, United States Code, gov7 erning appointments in the competitive service.

8 (b) DUTIES.—The Executive Director and White

9 House Liaison shall—

10 (1) serve as a liaison between the Commission

11 and the President;

12 (2) serve as chief of staff of the Commission;

13 and

14 (3) coordinate the efforts of the Commission

15 and the President on all matters relating to this Act,

16 including matters relating to the National Moment

17 of Remembrance.

18 (c) COMPENSATION.—The Executive Director and

19 White House Liaison may be compensated at a rate equal

20 to the daily equivalent of the annual rate of basic pay pre21 scribed for level IV of the Executive Schedule under sec22 tion 5315 of title 5, United States Code, for each day (in23 cluding travel time) during which the Executive Director

24 and White House Liaison is engaged in the performance

25 of the duties of the Commission.
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1 SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

2 (a) IN GENERAL.—The Comptroller General of the

3 United States shall audit, on an annual basis, the financial

4 transactions 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 ability to verify the financial trans15 actions of the Commission, including access to any

16 financial records or securities held for the Commis17 sion by depositories, fiscal agents, or custodians.

18 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to carry out

20 this Act, to remain available until expended—

21 (1) $500,000 for fiscal year 2001; and

22 (2) $250,000 for each of fiscal years 2002

23 through 2009.

24 SEC. 13. TERMINATION.

25 The Commission shall terminate on the earlier of—
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1 (1) a date specified by the President that is at

2 least 2 years after the date of enactment of this Act;

3 or

4 (2) the date that is 10 years after the date of

5 enactment of this Act.

Æ