2011 US Code
Title 36 - Patriotic and National Observances, Ceremonies, Andorganizations
Subtitle I - Patriotic and National Observances and Ceremonies (§§ 101 - 2502)
Part A - Observances and Ceremonies (§§ 101 - 903)
Chapter 1 - PATRIOTIC AND NATIONAL OBSERVANCES (§§ 101 - 144)
Section 116 - Memorial Day
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, ANDORGANIZATIONS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, ANDORGANIZATIONS Subtitle I - Patriotic and National Observances and Ceremonies Part A - Observances and Ceremonies CHAPTER 1 - PATRIOTIC AND NATIONAL OBSERVANCES Sec. 116 - Memorial Day |
Contains | section 116 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1257. |
Presidential Document Number References | Proclamation 7315 May 26, 2000 |
Statutes at Large References | 64 Stat. 158 82 Stat. 250 112 Stat. 1257 114 Stat. 3078 121 Stat. 2250 |
Public Law References | Public Law 90-363, Public Law 105-225, Public Law 106-579, Public Law 110-161 |
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(a)
(b)
(1) calling on the people of the United States to observe Memorial Day by praying, according to their individual religious faith, for permanent peace;
(2) designating a period of time on Memorial Day during which the people may unite in prayer for a permanent peace;
(3) calling on the people of the United States to unite in prayer at that time; and
(4) calling on the media to join in observing Memorial Day and the period of prayer.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
116 | 36:169g. | May 11, 1950, ch. 182, 64 Stat. 158. |
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 RemembrancePub. L. 106–579, Dec. 28, 2000, 114 Stat. 3078, as amended by Pub. L. 110–161, div. H, title I, §1502(e), Dec. 26, 2007, 121 Stat. 2250, 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)
“(2)
“(3)
“(4)
“(5)
“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)
“(b)
“(1)
“(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)
“(3)
“(c)
“(1)
“(2)
“(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)
“(e)
“(f)
“(g)
“(a)
“(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)
“(1)
“(2)
“(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)
“(1)
“(2)
“(b)
“(1)
“(2)
“(c)
“(d)
“(e)
“(f)
“(1)
“(A) procure supplies, services, and property; and
“(B) enter into contracts, leases, and other legal agreements.
“(2)
“(A)
“(B)
“(3)
“(g)
“(1)
“(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)
“(A)
“(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)
“(3)
“(4)
“(a)
“(1)
“(2)
“(b)
“(c)
“(1)
“(2)
“(A)
“(B)
“(d)
“(1)
“(2)
“(A)
“(i)
“(ii)
“(B)
“(3)
“(e)
“(f)
“(1)
“(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)
“(g)
“(a)
“(b)
“(1)
“(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)
“(3)
“(4)
“(c)
“(d)
“(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)
“(1)
“(2)
“(f)
“(a)
“(1)
“(2)
“(b)
“(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)
“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.]
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