[Congressional Record Volume 146, Number 155 (Friday, December 15, 2000)]
[House]
[Pages H12517-H12519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NATIONAL MOMENT OF REMEMBERANCE ACT

  Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 3181) to establish the White House 
Commission on the National Moment of Remembrance, and for other 
purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  Mr. SCOTT. Mr. Speaker, reserving the right to object, and under my 
reservation I would yield to the gentleman from Florida (Mr. McCollum) 
to explain the purpose of his motion.
  Mr. McCOLLUM. Mr. Speaker, I thank the gentleman from Virginia for 
yielding.
  Mr. Speaker, this is a very simple bill to do what it says literally 
on the face of it, establish a national moment of remembrance and that 
is all that it is, and I would encourage it to be adopted.
  Mr. ROHRABACHER. Mr. Speaker, I am pleased that the Congress has 
passed S. 3181, the National Moment of Remembrance Act, which calls for 
the creation of a White House Commission to honor men and women of the 
United States who have died while in service to their country while 
defending freedom and peace. In May 2000, both Houses of Congress 
passed a bi-partisan bill to establish a moment of Remembrance at 3 
p.m. on each and every Memorial Day. The concurrent resolution to 
create a National Moment of Remembrance was introduced by Senator Chuck 
Hagel, Senator Bob Kerry, myself and Congressman John Murtha.
  S. 3181 was authored by Senator Hagel and was passed unanimously in 
the Senate, while I introduced a similar version in the House. The bill 
will establish a White House public and private sector commission to 
organize and coordinate national and local Memorial Day observances to 
honor the brave men and women who have made the ultimate sacrifice in 
service to their country.
  The National Moment of Remembrance is a symbolic act of unity to 
bring together Americans of all walks of life to respect our democratic 
heritage and to dedicate ourselves to the values and principles for 
which our citizen-soldiers gave their lives. The National Moment of 
Remembrance and other commemorative events are needed to reclaim the 
true meaning of Memorial Day.
  I commend our House leadership for bringing this Act to the floor. 
And I am grateful to Senator Hagel and Bob Kerrey for their leadership. 
I also thank Carmella LaSpada, Chairperson of the No Greater Love 
organization for initiating the National Moment of Remembrance and 
encouraging lawmakers to make this Act a reality. I also thank those 
who crafted the language of this Act: James Dean of the General 
Services Administration, Carmella LaSpada, Mike Coulter with Senator 
Hagel and my Special Assistant, Al Santoli, who is a Vietnam Veteran.
  Mr. SCOTT. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER. Is there further objection to the request of the 
gentleman from Florida?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 3181

       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).

[[Page H12518]]

       (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

[[Page H12519]]

     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.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.
  (Mr. SCOTT asked and was given permission to speak out of order for 1 
minute and to revise and extend his remarks.)

                          ____________________