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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3181 Enrolled Bill (ENR)]

        S.3181

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 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 Moment 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.--
        (1) In general.--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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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