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[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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