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