[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5391 Introduced in House (IH)]







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 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.

    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 demonstrate 
        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 heroes died.
            (4) The relevance of Memorial Day must be made more 
        apparent to present and future generations of Americans through 
        local and national observances 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 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.
            (7) A National Moment of Remembrance and other 
        commemorative events are needed to reclaim Memorial Day as the 
        sacred and noble event it is intended to be.

SEC. 3. NATIONAL MOMENT OF REMEMBRANCE COMMISSION.

    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, including a 
        representative of tribal governments.
            (2) The Secretary of Defense, or a designee of the 
        Secretary.
            (3) The Secretary of Veterans Affairs, or a designee of the 
        Secretary.
            (4) The Secretary of the Smithsonian Institution, 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 designee 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 subsection (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 members 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) The Secretary of the Air Force, or a designee of the 
        Secretary.
            (4) The Commandant of the Marine Corps, or a designee of 
        the Commandant.
            (5) The Commandant of the Coast Guard, or a designee of the 
        Commandant.
            (6) The Librarian of Congress, or a designee of the 
        Librarian.
            (7) Any other members the Commission determines necessary 
        to fulfill its mission.
    (e) Compensation.--
            (1) Prohibition of pay.--Members of the Commission, 
        including ex officio members, shall receive no pay for their 
        service on the Commission.
            (2) Travel expenses.--Each member of the Commission, 
        including each ex officio member, shall receive reimbursement 
        for travel expenses, including per diem in lieu of subsistence, 
        in accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (f) Quorum.--A majority of the members of the Commission, excluding 
ex officio members, shall constitute a quorum, but a lesser number may 
hold hearings.
    (g) Meeting; Chairperson; Vice Chairperson.--Not later than the 
date under subsection (b) for completion of appointments, the 
Commission shall meet and select a Chairperson and Vice Chairperson 
from the members appointed under subsection (a).

SEC. 5. DUTIES.

    The Commission shall--
            (1) encourage Americans to give something back to the 
        Nation, which provides them so much freedom and opportunity;
            (2) encourage national, State, local, and tribal 
        participation in commemoration of Memorial Day and the National 
        Moment of Remembrance by individuals and entities including--
                    (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;
                    (E) museums, including cultural and historical 
                museums; and
                    (F) State, local, and tribal governments; and
            (3) provide national coordination for commemorations 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 appropriate.
            (2) Public participation.--The Commission shall provide for 
        reasonable public participation in matters before the 
        Commission.
    (b) 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.
    (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 Executive Director and White House Liaison 
        of the Commission 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 commission.--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 entered into by the 
                Commission may not extend beyond the date of the 
                termination of the Commission.
    (d) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services, including the provision of property, equipment, and office 
space, necessary for the Commission to carry out its responsibilities 
under this Act.
    (e) Supplies and Property Possessed by Commission 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 conditions 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 Liaison of the Commission.--
            (1) Appointment.--The Director of the Committee Management 
        Secretariat of the General Services 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 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.
            (3) Ex officio member.--The Executive Director and White 
        House Liaison shall be a nonvoting, 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 nonreimbursable 
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 government, or private entity, under which the 
entity may assist the Commission to carry out its duties under this Act 
and contribute to public awareness of and interest in Memorial Day and 
the National Moment of Remembrance.
    (g) Support From Nonprofit Sector.--The Commission may receive 
program support from the nonprofit 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 personal, 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 required to carry out its duties or 
that it determines is appropriate for use in connection with the 
commemoration of Memorial Day or the National Moment of Remembrance.
    (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 lawfully 
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 include the following:
            (1) Recommendations regarding appropriate activities to 
        commemorate Memorial Day and the National Moment of 
        Remembrance, including--
                    (A) the production, publication, and distribution 
                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 libraries, 
                museums, and other appropriate institutions;
                    (E) ceremonies and celebrations commemorating 
                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 Remembrance.
            (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 administrative 
        action that the Commission determines to be appropriate 
        regarding the commemoration of Memorial Day and the National 
        Moment of Remembrance.
            (4) An accounting of funds received and expended 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 Commission.

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 combat.
    (c) Duties.--The Moment of Remembrance Alliance shall assist the 
Commission to carry out this Act, including 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 and appropriate incentives for 
        Federal, State, and local governments and private sector 
        entities to sponsor and participate in programs initiated by 
        the Commission or the Moment of Remembrance Alliance; and
            (4) evaluating the effectiveness of efforts by the 
        Commission and the Moment of Remembrance Alliance in carrying 
        out this Act.
    (d) Terms of Appointment.--The Commission may fix the term of 
appointment for members of the Moment 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 Alliance 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 Remembrance Alliance.
            (2) Travel expenses.--Members of the Moment of Remembrance 
        Alliance shall receive reimbursement for travel expenses 
        authorized by the Executive 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 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 facilities for verifying 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. 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 appropriated 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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