Text: S.3661 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-433 (01/10/2019)

 
[115th Congress Public Law 433]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5523]]

Public Law 115-433
115th Congress

                                 An Act


 
To provide for a program of the Department of Defense to commemorate the 
 75th anniversary of World War II. <<NOTE: Jan. 10, 2019 -  [S. 3661]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: 75th Anniversary 
of World War II Commemoration Act. 36 USC 101 note prec.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``75th Anniversary of World War II 
Commemoration Act''.
SEC. 2. PROGRAM TO COMMEMORATE 75TH ANNIVERSARY OF WORLD WAR II.

    (a) Commemorative Program Authorized.--The Secretary of Defense 
shall conduct a program to commemorate the 75th anniversary of World War 
II. In conducting the commemorative program, the Secretary shall support 
and facilitate other programs and activities of the Federal Government, 
State and local governments, and not-for-profit organizations in 
commemoration of the 75th anniversary of World War II. The Secretary 
shall conduct the commemorative program in accordance with applicable 
Department of Defense policy and using resources available to the 
Secretary, including amounts in the Fund under subsection (d).
    (b) Commemorative Activities and Objectives.--The commemorative 
program may include activities and ceremonies to achieve the following 
objectives:
            (1) To thank and honor veterans of World War II, including 
        personnel who were held as prisoners of war or listed as missing 
        in action, for their service and sacrifice on behalf of the 
        United States and to thank and honor the families of these 
        veterans.
            (2) To educate the public about the history of World War II 
        and highlight the service of the Armed Forces during World War 
        II and the contributions of Federal agencies and governmental 
        and nongovernmental organizations that served with, or in 
        support of, the Armed Forces.
            (3) To pay tribute to the contributions made on the home 
        front by the people of the United States during World War II.
            (4) To recognize the contributions and sacrifices made by 
        the allies of the United States during World War II.
            (5) To remember the Holocaust, the annihilation of 6,000,000 
        Jews by the Nazi regime, and to pay tribute to the Allied troops 
        who liberated Nazi concentration camps during World War II.

    (c) Names and Symbols.--The Secretary of Defense shall have the sole 
and exclusive right to use the name ``The United States

[[Page 132 STAT. 5524]]

of America 75th Anniversary of World War II Commemoration'', and such 
seal, emblems, and badges incorporating such name as the Secretary may 
lawfully adopt. Nothing in this section may be construed to supersede 
rights that are established or vested before the date of the enactment 
of this Act.
    (d) Commemorative Fund.--
            (1) Establishment and administration.--Upon the Secretary 
        establishing the commemorative program under subsection (a), the 
        Secretary of the Treasury shall establish in the Treasury of the 
        United States an account to be known as the ``Department of 
        Defense World War II Commemoration Fund'' (in this section 
        referred to as the ``Fund''). The Fund shall be administered by 
        the Secretary of Defense.
            (2) <<NOTE: Grants. Regulations.>>  Use of fund.--The 
        Secretary of Defense shall use the assets of the Fund only for 
        the purpose of conducting the commemorative program and 
        providing grants to State and local governments and not-for-
        profit organizations for commemorative activities, and shall 
        prescribe such regulations regarding the use of the Fund as the 
        Secretary considers to be necessary.
            (3) Deposits.--The following shall be deposited into the 
        Fund:
                    (A) Amounts appropriated to the Fund.
                    (B) Proceeds derived from the Secretary's use of the 
                exclusive rights described in subsection (c).
                    (C) Donations made in support of the commemorative 
                program by private and corporate donors.
                    (D) Funds transferred to the Fund by the Secretary 
                from funds appropriated for fiscal year 2019 and 
                subsequent years for the Department of Defense.
            (4) Availability.--
                    (A) In general.--Subject to subsection (g)(2) and 
                except as provided in subparagraph (B), amounts 
                deposited under paragraph (3) shall constitute the 
                assets of the Fund and remain available until expended.
                    (B) Exception.--Amounts transferred to the Fund 
                under paragraph (3)(D) from amounts appropriated for 
                fiscal year 2019 may be obligated only during fiscal 
                year 2019.
            (5) Budget request.--The Secretary of Defense may establish 
        a separate budget line for the commemorative program. In the 
        budget justification materials submitted by the Secretary in 
        support of the budget of the President for any fiscal year for 
        which the Secretary establishes the separate budget line, the 
        Secretary shall--
                    (A) identify and explain any amounts expended for 
                the commemorative program in the fiscal year preceding 
                the budget request;
                    (B) identify and explain the amounts being requested 
                to support the commemorative program for the fiscal year 
                of the budget request; and
                    (C) <<NOTE: Summary.>>  present a summary of the 
                fiscal status of the Fund.

    (e) Acceptance of Voluntary Services.--
            (1) Authority to accept services.--Notwithstanding section 
        1342 of title 31, United States Code, the Secretary of Defense 
        may accept from any person voluntary services to be provided in 
        furtherance of the commemorative program.

[[Page 132 STAT. 5525]]

        The Secretary of Defense shall prohibit the solicitation of any 
        voluntary services if the nature or circumstances of such 
        solicitation would compromise the integrity or the appearance of 
        integrity of any program of the Department of Defense or of any 
        individual involved in the program.
            (2) Reimbursement of incidental expenses.--The Secretary may 
        provide for reimbursement of incidental expenses incurred by a 
        person providing voluntary services under this 
        subsection. <<NOTE: Determination.>>  The Secretary shall 
        determine which expenses are eligible for reimbursement under 
        this paragraph.

    (f) Consultation With Director of the United States Holocaust 
Memorial Museum.--In designing the commemorative program conducted under 
this section, the Secretary of Defense shall consult with the Director 
of the United States Holocaust Memorial Museum.
    (g) Final Report.--
            (1) Report required.--Not later than 60 days after the end 
        of the commemorative program established by the Secretary of 
        Defense under subsection (a), the Secretary shall submit to 
        Congress a report containing an accounting of--
                    (A) all of the funds deposited into and expended 
                from the Fund;
                    (B) any other funds expended under this section; and
                    (C) any unobligated funds remaining in the Fund.
            (2) Treatment of unobligated funds.--Unobligated amounts 
        remaining in the Fund as of the end of the commemorative period 
        shall be held in the Fund until transferred by law.

    (h) Limitation on Expenditures.--Total expenditures from the Fund, 
using amounts appropriated to the Department of Defense, may not exceed 
$5,000,000 for fiscal year 2019 or for any subsequent fiscal year to 
carry out the commemorative program.
    (i) Sunset.--
            (1) Commemorative program.--The commemorative program shall 
        terminate on December 31, 2021.
            (2) Fund.--The Fund shall terminate 60 days after the 
        termination of the commemorative program.

    Approved January 10, 2019.

LEGISLATIVE HISTORY--S. 3661:
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CONGRESSIONAL RECORD, Vol. 164 (2018):
            Nov. 27, considered and passed Senate.
            Dec. 21, considered and passed House, amended.
            Dec. 22, Senate concurred in House amendment.

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