S.Amdt. 1904

SA 1904. Mr. McCAIN (for himself and Mr. Kaine) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle E of title X, add the following:

SEC. 1049. PROGRAM TO COMMEMORATE THE 100TH ANNIVERSARY OF
THE TOMB OF THE UNKNOWN SOLDIER.

(a) Findings and Purpose.--
(1) Findings.--Congress makes the following findings:
(A) At the end of World War I, Congressman Hamilton Fish
championed legislation to create a national focus for
Americans to honor the memory of all people who served in the
Armed Forces, but especially for those who died unknown and
lost to history. The legislation created the Tomb of the
Unknown Soldier. Since that time, the remains of a single
unknown member of the Armed Forces from World War II and from
the Korean War have been entombed at the same memorial. (The
remains of an unknown Vietnam War veteran were subsequently
identified and removed from the Tomb).
(B) These additions transformed the Tomb of the Unknown
Soldier into a transcendent place of honor and reflection.
Now known as the Tomb of the Unknowns, the Tomb represents
that one place where every American can go to honor every
member of our country who has ever worn the uniform of the
Nation. Today at the Tomb, American citizens and citizens
from other countries come daily to remember and honor the
ideals of sacrifice and service.
(C) The Tomb of the Unknown Soldier was formally
consecrated on November 11, 1921. Now is the time to prepare
for the 100th anniversary of the consecration of the Tomb.
(2) Purpose.--The purposes of this section is to provide
for the conduct of a formal program to commemorate the 100th
anniversary of the consecration of the Tomb of the Unknown
Soldier, including authorizing private sector efforts to
create nation-wide commemorations on the day of the
Washington National Commemoration of the Tomb.
(b) Commemorative Program Authorized.--The Secretary of
Defense may conduct a program to commemorate the 100th
anniversary of the consecration of the Tomb of the Unknown
Soldier. 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 Tomb.
(c) 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 (d).
(d) Commemorative Activities and Objectives.--The
commemorative program may include activities and ceremonies
to achieve the following objectives:
(1) To honor the commitment of the United States to never
forget or forsake the members of the Armed Forces who served
and sacrificed for our Country, including personnel who were
held as prisoners of war or listed as missing in action, and
to thank and honor the families of these veterans.
(2) To highlight the service of the Armed Forces in times
of war or armed conflict 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 in times of war or
armed conflict.
(4) To educate the American public about service and
sacrifice on behalf of the United States and the principles
that define and unite the United States.
(5) To recognize the contributions and sacrifices made by
the allies of the United States during times of war or armed
conflict.
(6) To apply the advances in technology to communicate the
activities at the Tomb of the Unknowns to people across the
United States.
(7) To facilitate the participation of the American people
in the centennial commemoration of the Tomb of the Unknown
Soldier.
(8) To educate the youth of America on the importance of
our citizens' commitment of service and sacrifice to secure
and to keep safe, now and in the future, and on America's
founding principles and promise of freedom for all who abide
in the United States.
(e) Names and Symbols.--The Secretary shall have the sole
and exclusive right to use the name ``The United States of
America Tomb of the Unknown Soldier 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.
(f) Commemorative Fund.--
(1) Establishment and administration.--Upon the
commencement of the commemorative program, the Secretary of
the Treasury shall establish on the books of the Treasury an
account to be known as the ``Tomb of the Unknown Soldier
Commemoration Fund'' (in this section referred to as the
``Fund''). The Fund shall be administered by the Secretary of
Defense.
(2) Deposits.--Subject to paragraph (3), there shall be
deposited into the Fund the following:
(A) Amounts appropriated to the Fund.
(B) Proceeds derived from the use by the Secretary of the
exclusive rights described in subsection (e).
(C) Donations made in support of the commemorative program
by private and corporate donors.
(D) Any other amounts authorized to deposit into the Fund
by law.
(3) Limitation on expenditures.--Total contributions from
the Federal Government to the Fund may not exceed $5,000,000.
(4) Use of fund.--Amounts in the Fund shall be available to
the Secretary of Defense only for the purpose of conducting
the commemorative program. The Secretary shall prescribe such
regulations regarding the use of the Fund as the Secretary
considers appropriate.
(5) Availability.--Amounts in the Fund shall remain
available until expended.
(6) Treatment of unobligated funds.--Any unobligated
amounts in the Fund as of the end of the [commemorative
period specified in subsection (b) shall remain in the Fund
until transferred by law.
(7) 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

[[Page S3944]]

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 current summary of the fiscal status of the
Fund.
(g) 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 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.
(h) Final Report.--Not later than 60 days after the end of
the commemorative program, the Secretary of Defense shall
submit to Congress a report containing an accounting of the
following:
(1) All of the amounts deposited into and expended from the
Fund.
(2) Any other amounts expended pursuant to this section.
(3) Any unobligated funds remaining in the Fund as of the
date of the report.
______