106TH CONGRESS

2D SESSION S. 3181

AN ACT

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’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) it is essential to remember and renew the

4 legacy of Memorial Day, which was established in

5 1868 to pay tribute to individuals who have made

6 the ultimate sacrifice in service to the United States

7 and their families;

8 (2) greater strides must be made to dem9 onstrate appreciation for those loyal people of the

10 United States whose values, represented by their

11 sacrifices, are critical to the future of the United

12 States;

13 (3) the Federal Government has a responsibility

14 to raise awareness of and respect for the national

15 heritage, and to encourage citizens to dedicate them16 selves to the values and principles for which those

17 heroes of the United States died;

18 (4) the relevance of Memorial Day must be

19 made more apparent to present and future genera20 tions of people of the United States through local

21 and national observances and ongoing activities;

22 (5) in House Concurrent Resolution 302,

23 agreed to May 25, 2000, Congress called on the peo24 ple of the United States, in a symbolic act of unity,

25 to observe a National Moment of Remembrance to
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1 honor the men and women of the United States who

2 died in the pursuit of freedom and peace;

3 (6) in Presidential Proclamation No. 7315 of

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

5 proclaimed Memorial Day, May 29, 2000, as a day

6 of prayer for permanent peace, and designated 3:00

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

8 prayer and to observe the National Moment of Re9 membrance; and

10 (7) a National Moment of Remembrance and

11 other commemorative events are needed to reclaim

12 Memorial Day as the sacred and noble event that

13 that day is intended to be.

14 SEC. 3. DEFINITIONS.

15 In this Act:

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

17 the Remembrance Alliance established by section

18 9(a).

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

20 means the White House Commission on the National

21 Moment of Remembrance established by section

22 5(a).

23 (3) EXECUTIVE DIRECTOR AND WHITE HOUSE

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

25 House Liaison’’ means the Executive Director and
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1 White House Liaison appointed under section

2 10(a)(1).

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

4 Day’’ means the legal public holiday designated as

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

6 States Code.

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

8 government’’ means the governing body of an Indian

9 tribe (as defined in section 4 of the Indian Self-De10 termination and Education Assistance Act (25

11 U.S.C. 450b).

12 SEC. 4. NATIONAL MOMENT OF REMEMBRANCE.

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

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

15 Moment of Remembrance’’.

16 SEC. 5. ESTABLISHMENT OF WHITE HOUSE COMMISSION

17 ON THE NATIONAL MOMENT OF REMEM18 BRANCE.

19 (a) ESTABLISHMENT.—There is established a com20 mission to be known as the ‘‘White House Commission

21 on the National Moment of Remembrance’’.

22 (b) MEMBERSHIP.—

23 (1) COMPOSITION.—The Commission shall be

24 composed of the following:
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1 (A) 4 members appointed by the President,

2 including at least 1 representative of tribal gov3 ernments.

4 (B) The Secretary of Defense (or a des5 ignee).

6 (C) The Secretary of Veterans Affairs (or

7 a designee).

8 (D) The Secretary of the Smithsonian In9 stitution (or a designee).

10 (E) The Director of the Office of Per11 sonnel Management (or a designee).

12 (F) The Administrator of General Services

13 (or a designee).

14 (G) The Secretary of Transportation (or a

15 designee).

16 (H) The Secretary of Education (or a des17 ignee).

18 (I) The Secretary of the Interior (or a des19 ignee).

20 (J) The Executive Director of the Presi21 dent’s Commission on White House Fellows (or

22 a designee).

23 (K) The Secretary of the Army (or a des24 ignee).
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1 (L) The Secretary of the Navy (or a des2 ignee).

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

4 designee).

5 (N) The Commandant of the Marine Corps

6 (or a designee).

7 (O) The Commandant of the Coast Guard

8 (or a designee).

9 (P) The Executive Director and White

10 House Liaison (or a designee).

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

12 (R) The Chief of Naval Operations.

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

14 (T) Any other member, the appointment of

15 whom the Commission determines is necessary

16 to carry out this Act.

17 (2) NONVOTING MEMBERS.—The members ap18 pointed to the Commission under subparagraphs (K)

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

20 members.

21 (3) DATE OF APPOINTMENTS.—All appoint22 ments under paragraph (1) shall be made not later

23 than 90 days after the date of enactment of this

24 Act.

25 (c) TERM; VACANCIES.—
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1 (1) TERM.—A member shall be appointed to

2 the Commission for the life of the Commission.

3 (2) VACANCIES.—A vacancy on the

4 Commission—

5 (A) shall not affect the powers of the Com6 mission; and

7 (B) shall be filled in the same manner as

8 the original appointment was made.

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

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

11 appointments, the Commission shall hold the initial meet12 ing of the Commission.

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

14 call of the Chairperson.

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

16 the Commission shall constitute a quorum, but a lesser

17 number of members may hold hearings.

18 (g) CHAIRPERSON AND VICE CHAIRPERSON.—The

19 Commission shall select a Chairperson and a Vice Chair20 person from among the members of the Commission at

21 the initial meeting of the Commission.

22 SEC. 6. DUTIES.

23 (a) IN GENERAL.—The Commission shall—
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1 (1) encourage the people of the United States

2 to give something back to their country, which pro3 vides them so much freedom and opportunity;

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

5 participation by individuals and entities in com6 memoration of Memorial Day and the National Mo7 ment of Remembrance, including participation by—

8 (A) national humanitarian and patriotic

9 organizations;

10 (B) elementary, secondary, and higher edu11 cation institutions;

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

13 educational, sporting, artistic, cultural, and his14 torical organizations;

15 (D) Federal departments and agencies;

16 and

17 (E) museums, including cultural and his18 torical museums; and

19 (3) provide national coordination for commemo20 rations in the United States of Memorial Day and

21 the National Moment of Remembrance.

22 (b) REPORTS.—

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

24 which the Commission is in existence, the Commis25 sion shall submit to the President and Congress a
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1 report describing the activities of the Commission

2 during the fiscal year.

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

4 may include—

5 (A) recommendations regarding appro6 priate activities to commemorate Memorial Day

7 and the National Moment of Remembrance,

8 including—

9 (i) the production, publication, and

10 distribution of books, pamphlets, films, and

11 other educational materials;

12 (ii) bibliographical and documentary

13 projects and publications;

14 (iii) conferences, convocations, lec15 tures, seminars, and other similar pro16 grams;

17 (iv) the development of exhibits for li18 braries, museums, and other appropriate

19 institutions;

20 (v) ceremonies and celebrations com21 memorating specific events that relate to

22 the history of wars of the United States;

23 and

24 (vi) competitions, commissions, and

25 awards regarding historical, scholarly, ar-
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1 tistic, literary, musical, and other works,

2 programs, and projects related to com3 memoration of Memorial Day and the Na4 tional Moment of Remembrance;

5 (B) recommendations to appropriate agen6 cies or advisory bodies regarding the issuance

7 by the United States of commemorative coins,

8 medals, and stamps relating to Memorial Day

9 and the National Moment of Remembrance;

10 (C) recommendations for any legislation or

11 administrative action that the Commission de12 termines to be appropriate regarding the com13 memoration of Memorial Day and the National

14 Moment of Remembrance;

15 (D) an accounting of funds received and

16 expended by the Commission in the fiscal year

17 covered by the report, including a detailed de18 scription of the source and amount of any funds

19 donated to the Commission in that fiscal year;

20 and

21 (E) a description of cooperative agree22 ments and contracts entered into by the Com23 mission.

24 SEC. 7. POWERS.

25 (a) HEARINGS.—
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1 (1) IN GENERAL.—The Commission may hold

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

3 take such testimony, and receive such evidence as

4 the Commission considers advisable to carry out this

5 Act.

6 (2) PUBLIC PARTICIPATION.—The Commission

7 shall provide for reasonable public participation in

8 matters before the Commission.

9 (b) INFORMATION FROM FEDERAL AGENCIES.—

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

11 directly from a Federal agency such information as

12 the Commission considers necessary to carry out this

13 Act.

14 (2) PROVISION OF INFORMATION.—On request

15 of the Chairperson of the Commission, the head of

16 the agency shall provide the information to the Com17 mission.

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

19 the United States mails in the same manner and under

20 the same conditions as other agencies of the Federal Gov21 ernment.

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

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

24 bequests, devises, and donations of services or property.
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1 (e) POWERS OF MEMBERS AND AGENTS.—Any mem2 ber or agent of the Commission may, if authorized by the

3 Commission, take any action that the Commission is au4 thorized to take under this Act.

5 (f) AUTHORITY TO PROCURE AND TO MAKE LEGAL

6 AGREEMENTS.—

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

8 appropriations, to carry out this Act, the Chair9 person or Vice Chairperson of the Commission or

10 the Executive Director and White House Liaison

11 may, on behalf of the Commission—

12 (A) procure supplies, services, and prop13 erty; and

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

15 legal agreements.

16 (2) RESTRICTIONS.—

17 (A) WHO MAY ACT ON BEHALF OF COM18 MISSION.—Except as provided in paragraph (1),

19 nothing in this Act authorizes a member of the

20 Commission to procure any item or enter into

21 any agreement described in that paragraph.

22 (B) DURATION OF LEGAL AGREEMENTS.—

23 A contract, lease, or other legal agreement en24 tered into by the Commission may not extend
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1 beyond the date of termination of the Commis2 sion.

3 (3) SUPPLIES AND PROPERTY POSSESSED BY

4 COMMISSION AT TERMINATION.—Any supply, prop5 erty, or other asset that is acquired by, and, on the

6 date of termination of the Commission, remains in

7 the possession of, the Commission shall be consid8 ered property of the General Services Administra9 tion.

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

11 SEALS, AND MARKS.—

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

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

14 that the Commission determines—

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

16 of the Commission; or

17 (B) to be appropriate for use in connection

18 with the commemoration of Memorial Day or

19 the National Moment of Remembrance.

20 (2) LICENSING.—

21 (A) IN GENERAL.—The Commission—

22 (i) shall have the sole and exclusive

23 right to use the name ‘‘White House Com24 mission on the National Moment of Re25 membrance’’ on any logo, emblem, seal, or
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1 descriptive or designating mark that the

2 Commission lawfully adopts; and

3 (ii) shall have the sole and exclusive

4 right to allow or refuse the use by any

5 other entity of the name ‘‘White House

6 Commission on the National Monument of

7 Remembrance’’ on any logo, emblem, seal,

8 or descriptive or designating mark.

9 (B) TRANSFER ON TERMINATION.—Unless

10 otherwise provided by law, all rights of the

11 Commission under subparagraph (A) shall be

12 transferred to the Administrator of General

13 Services on the date of termination of the Com14 mission.

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

16 this subsection affects any right established or vest17 ed before the date of enactment of this Act.

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

19 without further Act of appropriation, use funds re20 ceived from licensing royalties under this section to

21 carry out this Act.

22 SEC. 8. COMMISSION PERSONNEL MATTERS.

23 (a) COMPENSATION OF MEMBERS.—

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

25 the Commission who is not an officer or employee of
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1 the Federal Government may be compensated at a

2 rate equal to the daily equivalent of the annual rate

3 of basic pay prescribed for level IV of the Executive

4 Schedule under section 5315 of title 5, United

5 States Code, for each day (including travel time)

6 during which the member is engaged in the perform7 ance of the duties of the Commission.

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

9 Commission who is an officer or employee of the

10 Federal Government shall serve without compensa11 tion in addition to the compensation received for the

12 services of the member as an officer or employee of

13 the Federal Government.

14 (b) TRAVEL EXPENSES.—A member of the Commis15 sion may be allowed travel expenses, including per diem

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

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

18 5, United States Code, while away from the home or reg19 ular place of business of the member in the performance

20 of the duties of the Commission.

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

22 the Executive Director and White House Liaison may,

23 without regard to the civil service laws (including regula24 tions), appoint and terminate such additional personnel as
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1 are necessary to enable the Commission to perform the

2 duties of the Commission.

3 (2) COMPENSATION.—

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

5 subparagraph (B), the Chairperson of the Com6 mission may fix the compensation of the Execu7 tive Director and White House Liaison and

8 other personnel without regard to the provisions

9 of chapter 51 and subchapter III of chapter 53

10 of title 5, United States Code, relating to classi11 fication of positions and General Schedule pay

12 rates.

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

14 pay for the Executive Director and White

15 House Liaison and other personnel shall not ex16 ceed the rate equal to the daily equivalent of

17 the annual rate of basic pay prescribed for level

18 IV of the Executive Schedule under section

19 5315 of title 5, United States Code, for each

20 day (including travel time) during which the

21 member is engaged in the performance of the

22 duties of the Commission.

23 (d) DETAIL OF FEDERAL GOVERNMENT EMPLOY24 EES.—
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1 (1) IN GENERAL.—In addition to the details

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

3 the Vice Chairperson, or the Executive Director and

4 White House Liaison, an employee of the Federal

5 Government may be detailed to the Commission

6 without reimbursement.

7 (2) DETAIL OF SPECIFIC EMPLOYEES.—

8 (A) MILITARY DETAILS.—

9 (i) ARMY; AIR FORCE.—The Secretary

10 of the Army and the Secretary of the Air

11 Force shall each detail a commissioned of12 ficer above the grade of captain to assist

13 the Commission in carrying out this Act.

14 (ii) NAVY.—The Secretary of the

15 Navy shall detail a commissioned officer of

16 the Navy above the grade of lieutenant and

17 a commissioned officer of the Marine

18 Corps above the grade of captain to assist

19 the Commission in carrying out this Act.

20 (B) VETERANS AFFAIRS; EDUCATION.—

21 The Secretary of Veterans Affairs and the Sec22 retary of Education shall each detail an officer

23 or employee compensated above the level of GS–

24 12 in accordance with subchapter III of chapter
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1 53 of title 5, United States Code to assist the

2 Commission in carrying out this Act.

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

4 officer or employee under this subsection shall be

5 without interruption or loss of civil service status or

6 privilege.

7 (e) PROCUREMENT OF TEMPORARY AND INTERMIT8 TENT SERVICES.—The Chairperson of the Commission

9 may procure temporary and intermittent services in ac10 cordance with section 3109(b) of title 5, United States

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

12 equivalent of the annual rate of basic pay prescribed for

13 level V of the Executive Schedule under section 5316 of

14 that title.

15 (f) COOPERATIVE AGREEMENTS.—

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

17 into a cooperative agreement with another entity, in18 cluding any Federal agency, State or local govern19 ment, or private entity, under which the entity may

20 assist the Commission in—

21 (A) carrying out the duties of the Commis22 sion under this Act; and

23 (B) contributing to public awareness of

24 and interest in Memorial Day and the National

25 Moment of Remembrance.
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1 (2) ADMINISTRATIVE SUPPORT SERVICES.—On

2 the request of the Commission, the Administrator of

3 General Services shall provide to the Commission, on

4 a reimbursable basis, any administrative support

5 services and any property, equipment, or office space

6 that the Commission determines to be necessary to

7 carry out this Act.

8 (g) SUPPORT FROM NONPROFIT SECTOR.—The

9 Commission may accept program support from nonprofit

10 organizations.

11 SEC. 9. REMEMBRANCE ALLIANCE.

12 (a) ESTABLISHMENT.—There is established the Re13 membrance Alliance.

14 (b) COMPOSITION.—

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

16 of individuals, appointed by the Commission, that

17 are representatives or members of—

18 (A) the print, broadcast, or other media in19 dustry;

20 (B) the national sports community;

21 (C) the recreation industry;

22 (D) the entertainment industry;

23 (E) the retail industry;

24 (F) the food industry;

25 (G) the health care industry;
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1 (H) the transportation industry;

2 (I) the education community;

3 (J) national veterans organizations; and

4 (K) families that have lost loved ones in

5 combat.

6 (2) HONORARY MEMBERS.—On recommenda7 tion of the Alliance, the Commission may appoint

8 honorary, nonvoting members to the Alliance.

9 (3) VACANCIES.—Any vacancy in the member10 ship of the Alliance shall be filled in the same man11 ner in which the original appointment was made.

12 (4) MEETINGS.—The Alliance shall conduct

13 meetings in accordance with procedures approved by

14 the Commission.

15 (c) TERM.—The Commission may fix the term of ap16 pointment for members of the Alliance.

17 (d) DUTIES.—The Alliance shall assist the Commis18 sion in carrying out this Act by—

19 (1) planning, organizing, and implementing an

20 annual White House Conference on the National

21 Moment of Remembrance and other similar events;

22 (2) promoting the observance of Memorial Day

23 and the National Moment of Remembrance through

24 appropriate means, subject to any guidelines devel25 oped by the Commission;
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1 (3) establishing necessary incentives for Fed2 eral, State, and local governments and private sector

3 entities to sponsor and participate in programs initi4 ated by the Commission or the Alliance;

5 (4) evaluating the effectiveness of efforts by the

6 Commission and the Alliance in carrying out this

7 Act; and

8 (5) carrying out such other duties as are as9 signed by the Commission.

10 (e) ALLIANCE PERSONNEL MATTERS.—

11 (1) COMPENSATION OF MEMBERS.—A member

12 of the Alliance shall serve without compensation for

13 the services of the member to the Alliance.

14 (2) TRAVEL EXPENSES.—A member of the Alli15 ance may be allowed reimbursement for travel ex16 penses, including per diem in lieu of subsistence, at

17 rates authorized for an employee of an agency under

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

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

20 business of the member in the performance of the

21 duties of the Commission.

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

23 the date of termination of the Commission.
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1 SEC. 10. EXECUTIVE DIRECTOR AND WHITE HOUSE LIAI2 SON.

3 (a) APPOINTMENT.—

4 (1) IN GENERAL.—The Director of the Com5 mittee Management Secretariat Staff of the General

6 Services Administration shall appoint an individual

7 as Executive Director and White House Liaison.

8 (2) INAPPLICABILITY OF CERTAIN CIVIL SERV9 ICE LAWS.—The Executive Director and White

10 House Liaison may be appointed without regard to

11 the provisions of title 5, United States Code, gov12 erning appointments in the competitive service.

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

14 House Liaison shall—

15 (1) serve as a liaison between the Commission

16 and the President;

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

18 and

19 (3) coordinate the efforts of the Commission

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

21 including matters relating to the National Moment

22 of Remembrance.

23 (c) COMPENSATION.—The Executive Director and

24 White House Liaison may be compensated at a rate equal

25 to the daily equivalent of the annual rate of basic pay pre26 scribed for level IV of the Executive Schedule under sec-
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1 tion 5315 of title 5, United States Code, for each day (in2 cluding travel time) during which the Executive Director

3 and White House Liaison is engaged in the performance

4 of the duties of the Commission.

5 SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

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

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

8 transactions of the Commission (including financial trans9 actions involving donated funds) in accordance with gen10 erally accepted auditing standards.

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

12 Comptroller General, in conducting an audit under this

13 section, has—

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

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

16 property in use by the Commission, as necessary to

17 facilitate the audit; and

18 (2) full ability to verify the financial trans19 actions of the Commission, including access to any

20 financial records or securities held for the Commis21 sion by depositories, fiscal agents, or custodians.

22 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated to carry out

24 this Act, to remain available until expended—

25 (1) $500,000 for fiscal year 2001; and
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1 (2) $250,000 for each of fiscal years 2002

2 through 2009.

3 SEC. 13. TERMINATION.

4 The Commission shall terminate on the earlier of—

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

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

7 or

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

9 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 otherpurposes.