[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).
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(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.)
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