Pub. L. 110-181, div. A, tit. V, subtit. I, sec. 598
PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE VIETNAM WAR.
SEC. 598. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE VIETNAM WAR.(a) Commemorative Program Authorized.—The Secretary of Defense may conduct a program to commemorate the 50th anniversary of the Vietnam War. In conducting the commemorative program, the Secretary shall coordinate, support, and facilitate other programs and activities of the Federal Government, State and local governments, and other persons and organizations in commemoration of the Vietnam War.(b) Schedule.—The Secretary of Defense shall determine the schedule of major events and priority of efforts for the commemorative program in order to ensure achievement of the objectives specified in subsection (c).(c) Commemorative Activities and Objectives.—The commemorative program may include activities and ceremonies to achieve the following objectives:(1) To thank and honor veterans of the Vietnam War, 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 highlight the service of the Armed Forces during the Vietnam War and the contributions of Federal agencies and governmental and non-governmental 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 the Vietnam War.(4) To highlight the advances in technology, science, and medicine related to military research conducted during the Vietnam War.(5) To recognize the contributions and sacrifices made by the allies of the United States during the Vietnam War.(d) Names and Symbols.—The Secretary of Defense shall have the sole and exclusive right to use the name “The United States of America Vietnam War 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.(e) Commemorative Fund.—(1) Establishment and administration.—If the Secretary establishes the commemorative program under subsection (a), the Secretary the Treasury shall establish in the Treasury of the United States an account to be known as the “Department 122 STAT. 142 of Defense Vietnam War Commemoration Fund” (in this section referred to as the “Fund”). The Fund shall be administered by the Secretary of Defense.(2) Use of fund.—The Secretary shall use the assets of the Fund only for the purpose of conducting the commemorative program and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary.(3) Deposits.—There 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 (d);(C) donations made in support of the commemorative program by private and corporate donors; and(D) funds transferred to the Fund by the Secretary from funds appropriated for fiscal year 2008 and subsequent years for the Department of Defense.(4) Availability.—Subject to subsection (g)(2), amounts deposited under paragraph (3) shall constitute the assets of the Fund and remain available until expended.(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) present a summary of the fiscal status of the Fund.(f) 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. 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. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph.(g) Final Report.—(1) Report required.—Not later than 60 days after the end of the commemorative program, if 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.122 STAT. 143(2) Treatment of unobligated funds.—Unobligated amounts remaining in the Fund as of the end of the commemorative period specified in subsection (b) 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 2008 or for any subsequent fiscal year to carry out the commemorative program.(i) Funding.—Of the amount authorized to be appropriated pursuant to section 301(5) for Defense-wide activities, $1,000,000 shall be available for deposit in the Fund for fiscal year 2008 if the Fund is established under subsection (e).