Notes on 36 U.S.C. § 116 : US Code - Notes

Search Notes on 36 U.S.C. § 116 : US Code - Notes

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1257.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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116 36:169g. May 11, 1950, ch. 182, 64
Stat. 158.
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In subsection (a), the designation is added, and the words "last
Monday in May" are substituted for "May 30" in the Act of May 11,
1950 (ch. 182, 64 Stat. 158), because of section 1(b) of the Act of
June 28, 1968 (Public Law 90-363, 82 Stat. 250).
In subsection (b)(4), the word "media" is substituted for
"newspapers, radio stations, and all other mediums of information"
to eliminate unnecessary words.
NATIONAL MOMENT OF REMEMBRANCE
Pub. L. 106-579, Dec. 28, 2000, 114 Stat. 3078, provided that:
"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).
"(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 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 [Dec. 28, 2000]; or
"(2) the date that is 10 years after the date of enactment of
this Act."
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]