I
106TH CONGRESS
2D SESSION
H. R. 5391
To establish the White House Commission on the National Moment of
Remembrance.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 5, 2000
Mr. ROHRABACHER introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To establish the White House Commission on the National
Moment of Remembrance.
Be it enacted by the Senate and House of Representa-
tives 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.
The Congress finds the following:
(1) It is essential to remember and renew the
legacy of Memorial Day, which was established in
1868 to pay tribute to those individuals who have
made the ultimate sacrifice in service to the United
States and their families.
(2) Greater strides must be made to dem-
onstrate appreciation for these loyal Americans
whose values, represented by their sacrifices, are
critical to the future of the Nation.
(3) The Government has a responsibility to
raise awareness of and respect for national heritage
and to encourage citizens to dedicate themselves to
the values and principles for which the Nation’s he-
roes died.
(4) The relevance of Memorial Day must be
made more apparent to present and future genera-
tions of Americans through local and national ob-
servances and ongoing activities.
(5) In House Concurrent Resolution 302 agreed
to May 25, 2000, the 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 (65
Fed. Reg. 34907), the President proclaimed Memo-
rial Day, May 29, 2000, as a day of prayer for per-
manent peace, and designated 3:00 p.m. local time
on that day as the time to join in prayer and to ob-
serve the National Moment of Remembrance.
(7) A National Moment of Remembrance and
other commemorative events are needed to reclaim
Memorial Day as the sacred and noble event it is in-
tended to be.
SEC. 3. NATIONAL MOMENT OF REMEMBRANCE COMMIS-
SION.
There is established within the executive branch a
commission to be known as the White House Commission
on the National Moment of Remembrance.
SEC. 4. COMMISSION MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 13 members, as follows:
(1) 4 members appointed by the President, in-
cluding a representative of tribal governments.
(2) The Secretary of Defense, or a designee of
the Secretary.
(3) The Secretary of Veterans Affairs, or a des-
ignee of the Secretary.
(4) The Secretary of the Smithsonian Institu-
tion, or a designee of the Secretary.
(5) The Director of the Office of Personnel
Management, or a designee of the Director.
(6) The Administrator of General Services, or a
designee of the Administrator.
(7) The Secretary of Transportation, or a des-
ignee of the Secretary.
(8) The Secretary of Education, or a designee
of the Secretary.
(9) The Secretary of the Interior, or a designee
of the Secretary.
(10) The Executive Director of the President’s
Commission on White House Fellows, or a designee
of the Executive Director.
(b) APPOINTMENTS.—All appointments under sub-
section (a) shall be made not later than 90 days after the
date of the enactment of this Act.
(c) VACANCIES.—Any vacancy in the Commission
shall be filled in the same manner in which the original
appointment was made.
(d) EX OFFICIO MEMBERS.—In addition to the mem-
bers appointed under subsection (a), the Commission shall
include nonvoting, ex officio members, as follows:
(1) The Secretary of the Army, or a designee
of the Secretary.
(2) The Secretary of the Navy, or a designee of
the Secretary.
(3) provide national coordination for commemo-
rations in the United States of Memorial Day or the
National Moment of Remembrance.
SEC. 6. POWERS AND LIMITATIONS.
(a) HEARINGS AND SESSIONS.—
(1) IN GENERAL.—The Commission may, for
the purpose of carrying out this Act, hold hearings,
sit and act at times and places, take testimony, and
receive evidence as the Commission considers appro-
priate.
(2) PUBLIC PARTICIPATION.—The Commission
shall provide for reasonable public participation in
matters before the Commission.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action that the Commission is au-
thorized to take under this Act.
(c) AUTHORITY TO PROCURE AND TO MAKE LEGAL
AGREEMENTS.—
(1) IN
GENERAL.—To the extent or in the
amounts provided in advance in appropriations Acts,
the Chairperson, the Vice Chairperson, or the Exec-
utive Director and White House Liaison of the Com-
mission may procure on behalf of the Commission
supplies, services, and property, and enter into
leases and other legal agreements in order to carry
out this Act.
(2) RESTRICTIONS.—
(A) WHO MAY ACT ON BEHALF OF COM-
MISSION.—Except as provided in paragraph (1),
no person is authorized by this Act to make
such procurements or enter into such leases or
other legal agreements.
(B) DURATION OF LEGAL AGREEMENTS.—
A contract, lease, or other legal agreement en-
tered into by the Commission may not extend
beyond the date of the termination of the Com-
mission.
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services, includ-
ing the provision of property, equipment, and office space,
necessary for the Commission to carry out its responsibil-
ities under this Act.
(e) SUPPLIES AND PROPERTY POSSESSED BY COM-
MISSION AT TERMINATION.—Any supplies, property, or
other assets that are acquired by the Commission under
this Act and remain in the possession of the Commission
on the date of the termination of the Commission shall
become property of the General Services Administration
on that date.
(f) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
SEC. 7. EXECUTIVE DIRECTOR AND WHITE HOUSE LIAISON;
STAFF; SUPPORT SERVICES.
(a) EXECUTIVE DIRECTOR AND WHITE HOUSE LIAI-
SON OF THE COMMISSION.—
(1) APPOINTMENT.—The Director of the Com-
mittee Management Secretariat of the General Serv-
ices Administration shall appoint an individual as
Executive Director and White House Liaison.
(2) DUTIES.—The Executive Director and
White House Liaison shall serve as a liaison between
the Commission and the President and shall coordi-
nate the efforts of the Commission and the Presi-
dent on all matters relating to this Act, including
matters relating to the National Moment of Remem-
brance.
(3) EX OFFICIO MEMBER.—The Executive Di-
rector and White House Liaison shall be a non-
voting, ex officio member of the Commission.
(4) PAY.—The Executive Director and White
House Liaison may be paid at a rate not to exceed
the maximum rate of basic pay for level IV of the
Executive Schedule.
(b) STAFF.—The Commission may appoint and fix
the pay of additional personnel as it considers appropriate,
except that an individual appointed under this subsection
may not receive pay in excess of the maximum rate of
basic pay for GS–15 of the General Schedule.
(c) INAPPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The Executive Director and White House Liaison
and the staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service and
may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title, relating
to classification and General Schedule pay rates, except
as provided under subsections (a) and (b).
(d) FEDERAL COOPERATION.—To ensure the overall
success of the Commission’s efforts, the Commission may
request the head of any department or agency of the
United States to furnish information or render assistance
to the Commission for the purpose of carrying out this
Act. Upon such a request, the head of that department
or agency, if appropriate and unless prohibited by law,
shall furnish such information or render such assistance.
(e) DETAIL OF STAFF OF FEDERAL AGENCIES.—
Upon request by the Chairperson, the Vice Chairperson,
or the Executive Director and White House Liaison of the
Commission, the head of any department or agency of the
United States may detail to the Commission, on a non-
reimbursable basis, any of the personnel of the department
or agency to assist the Commission to carry out its duties
under this Act.
(f) COOPERATIVE AGREEMENTS.—The Commission
may enter into any cooperative agreement with another
entity, including any Federal agency, State or local gov-
ernment, or private entity, under which the entity may as-
sist the Commission to carry out its duties under this Act
and contribute to public awareness of and interest in Me-
morial Day and the National Moment of Remembrance.
(g) SUPPORT
FROM
NONPROFIT
SECTOR.—The
Commission may receive program support from the non-
profit sector.
SEC. 8. CONTRIBUTIONS.
(a) GIFTS, BEQUESTS, AND DEVISES.—To the extent
or in the amounts provided in advance in appropriations
Acts, the Commission may solicit, accept, use, and dispose
of gifts, bequests, or devises of property, real and per-
sonal, for the purpose of the work of the Commission.
(b) VOLUNTEER SERVICES.—The Commission may
accept and use voluntary and uncompensated services as
the Commission determines necessary.
SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,
SEALS, AND MARKS.
(a) IN GENERAL.—The Commission may devise any
logo, emblem, seal, or other designating mark that is re-
quired to carry out its duties or that it determines is ap-
propriate for use in connection with the commemoration
of Memorial Day or the National Moment of Remem-
brance.
(b) LICENSING.—The Commission shall have the sole
and exclusive right to use, or to allow or refuse the use
of, the name ‘‘White House Commission on the National
Moment of Remembrance’’ on any logo, emblem, seal, or
descriptive or designating mark that the Commission law-
fully adopts.
(c) EFFECT ON OTHER RIGHTS.—This section shall
not be construed to affect established or vested rights.
(d) USE
OF FUNDS.—To the extent and in the
amounts provided in advance in appropriations Acts,
funds from licensing royalties received pursuant to this
section shall be available to the Commission to carry out
the duties of the Commission.
(e) LICENSING RIGHTS.—Unless otherwise provided
by law, all rights of the Commission under subsection (b)
shall transfer to the Administrator of General Services
upon termination of the Commission.
SEC. 10. ANNUAL REPORTS.
(a) IN GENERAL.—In each fiscal year in which the
Commission is in existence, the Commission shall submit
to the President and the Congress a report describing the
Commission’s activities during that fiscal year.
(b) CONTENTS.—Each such annual report may in-
clude the following:
(1) Recommendations regarding appropriate ac-
tivities to commemorate Memorial Day and the Na-
tional Moment of Remembrance, including—
(A) the production, publication, and dis-
tribution of books, pamphlets, films, and other
educational materials;
(B) 
bibliographical 
and 
documentary
projects and publications;
(C) conferences, convocations, lectures,
seminars, and other similar programs;
(D) the development of exhibits for librar-
ies, museums, and other appropriate institu-
tions;
(E) ceremonies and celebrations commemo-
rating specific events that relate to the history
of wars of the United States; and
(F) 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 Remem-
brance.
(2) 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.
(3) Recommendations for any legislation or ad-
ministrative action that the Commission determines
to be appropriate regarding the commemoration of
Memorial Day and the National Moment of Remem-
brance.
(4) An accounting of funds received and ex-
pended by the Commission in the fiscal year that the
report concerns, including a detailed description of
the source and amount of any funds donated to the
Commission in that fiscal year.
(5) A description of cooperative agreements and
contract agreements entered into by the Commis-
sion.
SEC. 11. MOMENT OF REMEMBRANCE ALLIANCE.
(a) ESTABLISHMENT.—There is established as an
agency of the Commission the Moment of Remembrance
Alliance.
(b) NUMBER AND APPOINTMENT.—The Moment of
Remembrance Alliance shall consist of members appointed
by the Commission from among the following:
(1) The print, broadcast, or other media.
(2) The national sports community.
(3) The recreation industry.
(4) The entertainment industry.
(5) The retail industry.
(6) The food industry.
(7) The health care industry.
(8) The transportation industry.
(9) The education community.
(10) National veterans organizations.
(11) Families who have lost loved ones in com-
bat.
(c) DUTIES.—The Moment of Remembrance Alliance
shall assist the Commission to carry out this Act, includ-
ing 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 devel-
oped by the Commission;
(3) establishing necessary and appropriate in-
centives for Federal, State, and local governments
and private sector entities to sponsor and participate
in programs initiated by the Commission or the Mo-
ment of Remembrance Alliance; and
(4) evaluating the effectiveness of efforts by the
Commission and the Moment of Remembrance Alli-
ance in carrying out this Act.
(d) TERMS
OF APPOINTMENT.—The Commission
may fix the term of appointment for members of the Mo-
ment of Remembrance Alliance.
(e) HONORARY MEMBERS.—Upon recommendation
of the Moment of Remembrance Alliance, the Commission
may appoint honorary, nonvoting members of the Moment
of Remembrance Alliance who are necessary to carrying
out this Act.
(f) VACANCIES.—Any vacancy in the membership of
the Moment of Remembrance Alliance shall be filled in
the same manner in which the original appointment was
made.
(g) MEETINGS.—The Moment of Remembrance Alli-
ance shall conduct meetings in accordance with procedures
approved by the Commission.
(h) PROHIBITION OF COMPENSATION OTHER THAN
TRAVEL EXPENSES.—
(1) PROHIBITION
OF
PAY.—Members of the
Moment of Remembrance Alliance shall receive no
pay for their service on the Moment of Remem-
brance Alliance.
(2) TRAVEL EXPENSES.—Members of the Mo-
ment of Remembrance Alliance shall receive reim-
bursement for travel expenses authorized by the Ex-
ecutive Director and White House Liaison, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States
Code.
(i) TERMINATION.—The Moment of Remembrance
Alliance shall terminate at the time of termination of the
Commission.
SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS.
(a) AUDIT.—The Comptroller General of the United
States shall audit on an annual basis the financial trans-
actions of the Commission, including financial trans-
actions involving donated funds, in accordance with gen-
erally 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 facilities for verifying the financial
transactions of the Commission, including access to
any financial records or securities held for the Com-
mission by depositories, fiscal agents, or custodians.
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 the enactment of this
Act; or
(2) 10 years after the date of the enactment of
this Act.
SEC. 14. DEFINITIONS.
In this Act:
(1) COMMISSION.—The term ‘‘Commission’’
means the White House Commission on the National
Moment of Remembrance.
(2) MEMORIAL
DAY.—The term ‘‘Memorial
Day’’ means the legal public holiday designated as
Memorial Day in section 6103(a) of title 5, United
States Code.
(3) TRIBAL GOVERNMENT.—The term ‘‘tribal
government’’ means the governing body of an Indian
tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450b(e)).
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Commission to carry out this Act (subject
to termination of the Commission under section 13)
$500,000 for fiscal year 2001, and $250,000 for each of
fiscal years 2002, 2003, 2004, 2005, 2006, 2007, 2008,
and 2009.
(b) AVAILABILITY.—Funds appropriated for use by
the Commission may remain available until expended.
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