§116 Memorial Day

.“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) [now 25 U.S.C. 5304][)]. “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). “(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 [Dec. 28, 2000]. “(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 Moment 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 [Dec. 28, 2000]. “(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.—“(1) In general.—The Chairperson of the Commission or the Executive Director and White House Liaison may, without regard to the civil service laws (including