-CITE-

36 USC CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-MISC1-

Sec.

2101. Membership.

2102. Employment of personnel.

2103. Administrative.

2104. Military cemeteries in foreign countries.

2105. Monuments built by the United States Government.

2106. War memorials not built by the United States

Government.

2107. National Memorial Cemetery of the Pacific.

2108. Pacific War Memorial and other historical and memorial

sites on Corregidor.

2109. Foreign Currency Fluctuations Account.

2110. Claims against the Commission.

2111. Presidential duties and powers.

2112. Care and maintenance of Surrender Tree site.

2113. World War II memorial in the District of Columbia.

2114. Intellectual property and related items.

AMENDMENTS

1999 - Pub. L. 106-117, title VI, Secs. 601(a)(2), 603(b), Nov.

30, 1999, 113 Stat. 1578, 1579, added items 2113 and 2114.

-End-

-CITE-

36 USC Sec. 2101 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2101. Membership

-STATUTE-

(a) Composition and Terms. - The American Battle Monuments

Commission has not more than 11 members appointed by the President.

The President also shall appoint one officer of the Regular Army to

serve as secretary of the Commission. The members and secretary

serve at the pleasure of the President. The President shall fill

any vacancies that occur. Notwithstanding any other law, members of

the Armed Forces may be appointed members of the Commission.

(b) Pay and Expenses. - The members of the Commission serve

without compensation. However, the members of the Commission may

receive, from an amount appropriated to carry out this chapter or

acquired by another authorized way -

(1) their actual expenses related to the work of the

Commission;

(2) when in a travel status outside the continental United

States, a per diem at the rate authorized to be paid for members

of the uniformed services under section 405 of title 37 instead

of subsistence; and

(3) when in a travel status in the continental United States, a

per diem at the rate authorized to be paid under sections 5702

and 5703 of title 5 instead of subsistence.

(c) Expenses of Officers of Armed Forces Serving on Commission. -

An officer of the Armed Forces serving as a member or as secretary

of the Commission may be reimbursed for expenses when traveling on

business of the Commission in the same way as civilian members of

the Commission.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1269; Pub. L. 106-117,

title VI, Sec. 604(1), Nov. 30, 1999, 113 Stat. 1580.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2101(a) 36:121 (1st par.). Mar. 4, 1923, ch. 283, Sec.

1 (1st par.), 42 Stat. 1509;

June 26, 1946, ch. 502, 60

Stat. 317; Dec. 18, 1989,

Pub. L. 101-237, title V,

Sec. 503, 103 Stat. 2094.

2101(b) 36:121 (2d par.). Mar. 4, 1923, ch. 283, Sec.

1 (2d par.), 42 Stat. 1509;

June 26, 1946, ch. 502, 60

Stat. 317; July 25, 1956,

ch. 721, Sec. 1, 70 Stat.

640; Oct. 21, 1970, Pub. L.

91-480, 84 Stat. 1081; Apr.

1, 1976, Pub. L. 94-256, 90

Stat. 301.

36:121 (last par.). Mar. 4, 1923, ch. 283, Sec.

1 (last par.), 42 Stat.

1509; June 26, 1946, ch.

502, 60 Stat. 317; July 25,

1956, ch. 721, Sec. 1, 70

Stat. 640.

2101(c) 36:122. Sept. 26, 1996, Pub. L.

104-204, title III, (2d

proviso in par. under

heading "American Battle

Monuments Commission"), 110

Stat. 2907.

--------------------------------------------------------------------

In subsection (a), the words "from time to time" are omitted as

unnecessary.

In subsection (b), before clause (1), the text of 36:121 (last

par.) is omitted as executed. In clauses (2) and (3), the word

"same" is omitted as unnecessary. In clause (2), the words

"authorized to be paid" are substituted for "prescribed" for

consistency with clause (3) and 37:405.

Subsection (c) is based on 36:122 which is from the 2d proviso in

the paragraph under the heading "American Battle Monuments

Commission" in title III of the Departments of Veterans Affairs and

Housing and Urban Development, and Independent Agencies

Appropriations Act, 1997 (Public Law 104-204, 110 Stat. 2907). The

provision has been repeated each year in prior appropriations acts

and therefore is restated as a permanent provision. For prior

provisions, see citations under 36:122 (1994 ed.). In the

restatement, the words "in the same way as" are substituted for "as

provided for" for clarity and consistency in the revised title.

AMENDMENTS

1999 - Subsec. (b)(2). Pub. L. 106-117, Sec. 604(1)(A), struck

out ", United States Code," after "title 37".

Subsec. (b)(3). Pub. L. 106-117, Sec. 604(1)(B), struck out ",

United States Code," after "title 5".

-End-

-CITE-

36 USC Sec. 2102 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2102. Employment of personnel

-STATUTE-

(a) General. - Within the limits of an appropriation made to

employ personnel, the American Battle Monuments Commission may

employ personnel necessary to carry out this chapter. To ensure

adequate care and maintenance of cemeteries, monuments, and

memorials, the Commission, subject to the availability of

appropriations, shall employ -

(1) at least 50 individuals in the competitive service (as

defined in section 2102 of title 5), of whom at least 43 shall be

assigned to duty in foreign countries where the cemeteries,

monuments, and memorials are located; and

(2) at least 348 individuals who are citizens of the countries

where the cemeteries, monuments, and memorials are located.

(b) Detailed Personnel. - On request of the Commission, the heads

of departments, agencies, and instrumentalities of the United

States Government may make available to the Commission their

personnel and facilities to assist in carrying out this chapter,

and may expend for that purpose amounts appropriated to the

department, agency, and instrumentality. The Commission shall

reimburse the department, agency, or instrumentality for the pay

and allowances of personnel made available to the Commission.

(c) Station Allowance for Officers Assigned to the Commission. -

For officers of the Armed Forces assigned to the Commission, the

same station allowance shall be authorized for serving at foreign

stations as the Secretary of the Army has authorized for officers

of the Army.

(d) Citizenship Requirement. - An individual may be employed as

the superintendent, or as an assistant superintendent, of a

cemetery operated by the Commission only if the individual is a

citizen of the United States.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1269; Pub. L. 105-354,

Sec. 1(2), Nov. 3, 1998, 112 Stat. 3239; Pub. L. 106-117, title VI,

Sec. 604(2), Nov. 30, 1999, 113 Stat. 1580.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 105-225

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2102(a) 36:121 (3d par. 2d, Mar. 4, 1923, ch. 283, Sec.

3d sentences). 1 (3d par.), 42 Stat. 1509;

June 26, 1946, ch. 502, 60

Stat. 317; July 25, 1956,

ch. 721, Sec. 1, 70 Stat.

640; Oct. 18, 1978, Pub. L.

95-479, title III, Sec. 306,

92 Stat. 1566; Oct. 7, 1980,

Pub. L. 96-385, title V,

Sec. 506, 94 Stat. 1537.

2102(b) 36:121 (3d par. 1st

sentence).

36:122a.

Sept. 26, 1996, Pub. L.

104-204, title III, (1st,

last provisos in par. under

heading "American Battle

Monuments Commission"), 110

Stat. 2907.

2102(c) 36:121b.

2102(d) 36:121 (3d par.

last sentence).

--------------------------------------------------------------------

In subsection (a) before clause (1), the words "or

appropriations" are omitted because of 1:1. The words "further" and

"under the jurisdiction of the Commission" are omitted as

unnecessary. In clause (2), the words "who shall be hired for local

employment relating to the care and maintenance of such cemeteries,

monuments, and memorials" are omitted as unnecessary.

Subsections (b) and (c) are based in part on 36:121b and 122a,

which are from the first and last provisos in the paragraph under

the heading "American Battle Monuments Commission" in title III of

the Departments of Veterans Affairs and Housing and Urban

Development, and Independent Agencies Appropriations Act, 1997

(Public Law 104-204, 110 Stat. 2907). The provisions have been

repeated each year in prior appropriations acts and therefore are

restated as permanent provisions. For prior provisions, see

citations under 36:121b and 122a (1994 ed.).

In subsection (b), the words "departments, agencies, and

instrumentalities" are substituted for "departments or agencies"

and "departments, agencies, and services" in 36:121 and "agencies"

in 36:122a for consistency in the revised title and with other

titles of the United States Code. The words "or of the Army, Navy,

Air Force, or Marine Corps" in 36:121 and "including the Armed

Forces" in 36:122a are omitted as included in "department, agency,

or instrumentality". The words "as the case may be" in 36:121 are

omitted as unnecessary. The word "salary" in 36:122a is omitted as

included in "pay".

In subsection (c), the words "Secretary of the Army" are

substituted for "Department of the Army" because of 10:3013(a)(1).

PUB. L. 105-354

This amends section 2102(b) of title 36 to clarify the language.

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-117 struck out ", United

States Code" after "title 5".

1998 - Subsec. (b). Pub. L. 105-354 substituted "personnel made

available to the Commission" for "designated personnel".

-End-

-CITE-

36 USC Sec. 2103 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2103. Administrative

-STATUTE-

(a) General Authority. - Subject to appropriations made to carry

out this chapter, the American Battle Monuments Commission may -

(1) acquire land or an interest in land in a foreign country to

carry out the purposes of this chapter, or an executive order

conferring duties and powers on the Commission, without

submission to the Attorney General under section 3111 of title

40;

(2) maintain, repair, and operate motor-propelled

passenger-carrying vehicles and other property that another

department, agency, or instrumentality of the United States

Government provides to the Commission;

(3) establish offices in the District of Columbia and elsewhere

in or outside the United States;

(4) rent office and garage space, which may be paid for in

advance, in foreign countries; and

(5) procure printing, binding, engraving, lithographing,

photographing, and typewriting, including the publication of

information on United States activities, battlefields, memorials,

and cemeteries with respect to which the Commission may exercise

any duties and powers.

(b) Disposition of Land. - Under conditions and in the manner the

Commission decides is proper, the Commission may dispose of land or

an interest in land in a foreign country that the Commission

acquires in connection with its work.

(c) Contracting Out. - Notwithstanding the requirements of

existing laws or regulations, the Commission, under conditions the

Commission decides are necessary and proper, may contract for work,

supplies, materials, and equipment outside or for use outside the

United States and engage the services of architects and other

technical and professional personnel.

(d) Delegation. - Under conditions the Commission may prescribe,

the Commission may delegate to its Chairman, secretary, or

officials in charge of any of its offices any of its authority it

considers necessary and proper.

(e) Solicitation and Receipt of Contributions. - (1) The

Commission may solicit and receive funds and in-kind donations and

gifts from any State, municipal, or private source to carry out the

purposes of this chapter. The Commission shall deposit such funds

in a separate account in the Treasury. Funds from that account

shall be disbursed upon vouchers approved by the Chairman of the

Commission.

(2) The Commission shall establish written guidelines setting

forth the criteria to be used in determining whether the acceptance

of funds and in-kind donations and gifts under paragraph (1) would

-

(A) reflect unfavorably on the ability of the Commission, or

any member or employee of the Commission, to carry out the

responsibilities or official duties of the Commission in a fair

and objective manner; or

(B) compromise the integrity or the appearance of the integrity

of the programs of the Commission or any official involved in

those programs.

(f) Limitation on Use of Contributions. - The Commission may not

obligate, withdraw, or expend amounts received as contributions

before March 1, 1998.

(g) Statements to President. - The Commission shall transmit to

the President on October 1 of each year a statement of all its

financial and other transactions during the prior fiscal year.

(h) Financial Statements and Audits. - (1) The Commission shall

have a system of financial controls to enable the Commission to

comply with the requirements of paragraph (2) of this subsection

and with section 2106(d)(4) of this title.

(2) The Commission shall -

(A) by March 1 of each year (beginning with 1998) -

(i) prepare a financial statement which covers all accounts

and associated activities of the Commission for the prior

fiscal year and is consistent with the requirements of section

3515 of title 31; and

(ii) submit the financial statement, together with a

narrative summary, to the Committees on Veterans' Affairs of

the Senate and House of Representatives; and

(B) obtain an audit by the Comptroller General of each

financial statement prepared under subparagraph (A) of this

paragraph, which shall be conducted in accordance with applicable

generally accepted government auditing standards and shall be in

lieu of any audit otherwise required by law.

(i) Disposition of Records and Archives. - When no longer

required by the Commission, the records and archives of the

Commission shall be deposited with the National Archives in

accordance with section 2107 of title 44.

(j) Seal. - The Commission shall have a seal that shall be

judicially noticed.

(k) Disbursements Outside Continental United States. -

Disbursements for expenditures outside the continental United

States may be made by a special disbursing agent designated by the

Commission under regulations it prescribes.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1270; Pub. L. 106-117,

title VI, Secs. 602, 604(3), Nov. 30, 1999, 113 Stat. 1578, 1580;

Pub. L. 107-217, Sec. 3(i)(1), Aug. 21, 2002, 116 Stat. 1300.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2103(a) 36:138b (1st par.). Mar. 4, 1923, ch. 283, Sec.

12 (1st-3d, last pars.), 42

Stat. 1509; June 26, 1946,

ch. 502, 60 Stat. 317; July

25, 1956, ch. 721, Secs.

2(c), (d), 4(c)(1), (2), 70

Stat. 640, 641.

2103(b) 36:137. Feb. 11, 1927, ch. 104, Sec.

1 (5th proviso in par. under

heading "American Battle

Monuments Commission"), 44

Stat. 1071.

36:138b (3d par.).

2103(c) 36:138b (2d par.).

2103(d) 36:138b (last par.).

2103(e) 36:128. Mar. 4, 1923, ch. 283, Sec.

7, 42 Stat. 1509; June 26,

1946, ch. 502, 60 Stat. 317.

2103(f) 36:138d(c). Mar. 4, 1923, ch. 283, Sec.

14, as added Oct. 9, 1996,

Pub. L. 104-275, title VI,

Sec. 602(b), 110 Stat. 3345.

2103(g) 36:131. Mar. 4, 1923, ch. 283, Sec.

8, 42 Stat. 1509; June 26,

1946, ch. 502, 60 Stat. 317;

July 25, 1956, ch. 721, Sec.

2(c), (d), 70 Stat. 640;

Apr. 21, 1976, Pub. L.

94-273, Sec. 3(19), 90 Stat.

377.

2103(h) 36:138d(a), (b).

2103(i) 36:138. Mar. 4, 1923, ch. 283, Sec.

9, 42 Stat. 1509; June 26,

1946, ch. 502, 60 Stat. 317;

July 25, 1956, ch. 721,

Secs. 2(c), (d), 4(a), 70

Stat. 640, 641.

2103(j) 36:136. Feb. 11, 1927, ch. 104, Sec.

1 (3d proviso in par. under

heading "American Battle

Monuments Commission"), 44

Stat. 1071.

2103(k) 36:133. Feb. 11, 1927, ch. 104, Sec.

1 (last proviso in par.

under heading "American

Battle Monuments

Commission"), 44 Stat. 1071.

--------------------------------------------------------------------

In this section, the word "terms" is omitted as included in

"conditions".

In subsection (a), before clause (1), the words "or

appropriations" are omitted because of 1:1. In clauses (1) and (5),

the words "duties and powers" are substituted for "functions" for

consistency in the revised title and with other titles of the

United States Code. In clause (2), the words "department, agency,

or instrumentality" are substituted for "departments" for

consistency in the revised title and with other titles of the Code.

In subsection (b), the text of 36:137 is omitted as superseded.

The words "which has been or may after June 26, 1946, be" and

"Provided, That this subsection shall not be effective until the

expiration of the Surplus Property Act of 1944" are omitted as

obsolete. Section 38 of the Surplus Property Act of 1944 (ch. 479,

58 Stat. 784) provided that the Act was to expire 3 years after the

cessation of hostilities of World War II. The cessation of

hostilities was proclaimed on December 31, 1946, by Proclamation

No. 2714, 12 Fed. Reg. 1. However, section 602(a)(1) of the Federal

Property and Administrative Services Act of 1949 (ch. 288, 63 Stat.

399) [renumbered by section 6(a) and (b) of the Act of September 5,

1950 (ch. 849, 64 Stat. 583)] repealed the Surplus Property Act of

1944 effective July 1, 1949 (except for sections 13(d), (g), and

(h), 28, and 32(b)(2)). Section 13(d), concerning power

transmission lines, and section 13(g), concerning property for

public airports, do not involve the American Battle Monuments

Commission. Section 13(h) was repealed by section 2 of the Act of

August 4, 1972 (Public Law 92-362, 86 Stat. 504). Section 28 was

repealed by section 21 of the Act of June 25, 1948 (ch. 645, 62

Stat. 868). Section 32(b)(2) was repealed by section 111(a)(1) of

the Mutual Educational and Cultural Exchange Act of 1961 (Public

Law 87-256, 75 Stat. 538).

In subsection (c), the words "in its discretion", "by contract or

otherwise", and "firms of architects" are omitted as unnecessary.

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-217 substituted "section 3111

of title 40" for "section 355 of the Revised Statutes (40 U.S.C.

255)".

1999 - Subsec. (d). Pub. L. 106-117, Sec. 604(3)(C), substituted

"Chairman" for "chairman".

Subsec. (e). Pub. L. 106-117, Sec. 602, amended heading and text

of subsec. (e) generally. Prior to amendment, text read as follows:

"The Commission may receive State, local, or private amounts to

carry out this chapter. The Commission shall deposit the amounts

with the Treasurer of the United States. The Treasurer shall keep

the amounts in separate accounts and shall disburse the amounts on

vouchers approved by the chairman."

Subsec. (h)(2)(A)(i). Pub. L. 106-117, Sec. 604(3)(A), struck out

", United States Code" after "title 31".

Subsec. (i). Pub. L. 106-117, Sec. 604(3)(B), struck out ",

United States Code" after "title 44".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106, 2113 of this title.

-End-

-CITE-

36 USC Sec. 2104 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2104. Military cemeteries in foreign countries

-STATUTE-

When, as a result of combat operations, the Armed Forces

establish military cemeteries in zones of operations outside the

United States and the territories and possessions of the United

States, the American Battle Monuments Commission and the Secretary

of the Army, immediately on the cessation of hostilities, shall

decide which of the cemeteries will become permanent cemeteries or,

if they decide it is desirable, shall select new sites for the

cemeteries at any other location. The Commission is solely

responsible for the design and construction of the permanent

cemeteries, and of all buildings, plantings, headstones, and other

permanent improvements incidental to the cemeteries, except that -

(1) the Armed Forces are responsible for maintaining the

permanent cemeteries until the Commission declares its readiness

to assume the authorized administrative duties and powers;

(2) all construction undertaken by the Armed Forces in

establishing and maintaining the cemetery prior to its transfer

to the Commission shall be nonpermanent;

(3) burials and reburials by the Armed Forces shall be carried

out in accordance with plans prepared by the Commission; and

(4) the Armed Forces have the right to re-enter a cemetery

transferred to the Commission to exhume or re-inter a body if

they decide it is necessary.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1271.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2104 36:122b. Mar. 4, 1923, ch. 283, Sec.

2, as added July 25, 1956,

ch. 721, Sec. 3(a), 70 Stat.

640.

--------------------------------------------------------------------

In this section, before clause (1), the words "so established, if

any" are omitted as unnecessary. In clause (1), the words "such

time as" are omitted as unnecessary. The words "duties and powers"

are substituted for "functions" for consistency in the revised

title and with other titles of the United States Code. In clause

(2), the words "in nature" are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 2105 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2105. Monuments built by the United States Government

-STATUTE-

(a) Memorials. - The American Battle Monuments Commission shall

prepare plans and estimates to build suitable memorials

commemorating the service of American Armed Forces, and shall build

and maintain memorials in the United States and, as the Commission

decides, at any place outside the United States where the Armed

Forces have served since April 6, 1917.

(b) Architecture and Art. - The Commission shall build and

maintain works of architecture and art in United States cemeteries

located outside the United States and the territories and

possessions of the United States that are permanent cemeteries. The

Secretary of Veterans Affairs shall maintain works of architecture

and art built by the Commission in the National Cemetery

Administration, as described in section 2400(b) of title 38.

(c) Control and Supervision of Materials, Design, and Building. -

(1) The Commission shall control the materials and design and

prescribe regulations for, and supervise the building of, all

memorial monuments and buildings in United States cemeteries

located outside the United States and the territories and

possessions of the United States.

(2) The Commission shall control the design and prescribe

regulations for the building of all memorial monuments and

buildings commemorating the service of American Armed Forces that

are built in a foreign country or political division of the foreign

country that authorizes the Commission to carry out those duties

and powers.

(d) Approval by National Commission of Fine Arts. - A design for

a memorial must be approved by the National Commission of Fine Arts

before the Commission can accept it.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1271; Pub. L. 105-368,

title IV, Sec. 403(d)(1), Nov. 11, 1998, 112 Stat. 3339.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2105(a) 36:123 (1st par. Mar. 4, 1923, ch. 283, Sec.

1st sentence). 3, 42 Stat. 1509; June 26,

1946, ch. 502, 60 Stat. 317;

July 25, 1956, ch. 721,

Secs. 2(b), (d), 3(b), 70

Stat. 640, 641.

2105(b) 36:123 (1st par.

2d, last sentences).

2105(c) 36:123 (2d, last

pars.).

2105(d) 36:124. Mar. 4, 1923, ch. 283, Sec.

4, 42 Stat. 1510; June 26,

1946, ch. 502, 60 Stat. 317;

July 25, 1956, ch. 721,

Secs. 2(b), (d), 3(c), 70

Stat. 640, 641.

--------------------------------------------------------------------

In subsections (a) and (c)(2), the word "American" is omitted as

unnecessary.

In subsection (a), the words "or shall hereafter serve" are

omitted as obsolete.

In subsection (b), the words "Secretatry of Veterans Affairs" are

substituted for "Department of Defense", and the words "the

National Cemetery System, as described in section 2400(b) of title

38" are substituted for "cemeteries within the United States, its

Territories and possessions", because of section 6 of the National

Cemeteries Act of 1973 (Public Law 93-43, 38 U.S.C. 2404 note),

which transferred jurisdiction over and responsibility for the

national cemeteries (with certain exceptions) from the Secretary of

the Army to the Administrator of Veterans' Affairs.

In subsection (c)(2), the words "duties and powers" are

substituted for "functions" for consistency in the revised title

and with other titles of the United States Code.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-368 substituted "National

Cemetery Administration" for "National Cemetery System".

-End-

-CITE-

36 USC Sec. 2106 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2106. War memorials not built by the United States Government

-STATUTE-

(a) Cooperation With Others. - The American Battle Monuments

Commission may cooperate with citizens of the United States,

States, municipalities, or associations desiring to build war

memorials outside the continental limits of the United States in

the way the Commission decides. An administrative agency of the

United States Government may give assistance to build the memorial

only if a plan for the memorial has been approved under this

chapter.

(b) Control, Administration, and Maintenance of War Memorials. -

(1) The Commission may assume responsibility for the control,

administration, and maintenance of any war memorial built outside

the United States by a citizen of the United States, a State, a

political subdivision of a State, a governmental authority (except

a department, agency, or instrumentality of the United States

Government), a foreign agency, or a private association to

commemorate the services of any of the Armed Forces in hostilities

occurring since April 6, 1917, if -

(A) the memorial is not built on the territory of the

applicable former enemy; and

(B) the sponsors of the memorial consent to the Commission

assuming those responsibilities and transfer to the Commission

all their rights and interests in the memorial.

(2) If reasonable effort fails to locate the sponsors of a

memorial, the Commission may assume responsibility for the memorial

under this subsection by agreement with the appropriate foreign

authorities. A decision of the Commission to assume responsibility

for a war memorial under this subsection is final.

(3) Sponsors of a war memorial for which the Commission assumes

responsibility under this subsection may transfer amounts

accumulated to maintain and repair the memorial to the Commission

for use in carrying out this chapter. Except as provided in

subsection (c) of this section, the Commission shall deposit

transferred amounts as provided in section 2103(e) of this title.

(c) Arrangements for Repair or Long-Term Maintenance of

Memorials. - In assuming responsibility for a war memorial under

subsection (b)(1) or (2) of this section, the Commission may

arrange with the sponsors of the memorial to provide for repair or

long-term maintenance of the memorial. An amount transferred to the

Commission for the purpose of this subsection shall be deposited by

the Commission in the fund established under subsection (d) of this

section.

(d) Fund for Arrangements for Repair or Long-Term Maintenance of

Memorials. - (1) There is a fund in the Treasury that is available

to the Commission for expenses of repair and long-term maintenance

of memorials for which the Commission has made arrangements under

subsection (c) of this section. The fund consists of -

(A) amounts deposited into, and interest and proceeds credited

to, the fund under paragraph (2) of this subsection; and

(B) obligations obtained under paragraph (3) of this

subsection.

(2) The Commission shall deposit into the fund the amounts that

are accepted under subsection (c) of this section. The Secretary of

the Treasury shall credit to the fund the interest on, and the

proceeds from the sale or redemption of, obligations held in the

fund.

(3) The Secretary shall invest any part of the fund that the

Commission decides is not required to meet current expenses. Each

investment shall be made in an interest-bearing obligation of the

United States Government, or an obligation that has its principal

and interest guaranteed by the Government, that the Commission

decides has a maturity suitable for the fund.

(4) The Commission shall separately account for all amounts

deposited in and expended from the fund for each war memorial for

which an arrangement for repair or long-term maintenance is made

under subsection (c) of this section.

(e) Demolition of War Memorial Built in a Foreign Country and

Disposition of Site. - The Commission may take necessary action to

demolish any war memorial built outside the United States by a

citizen of the United States, a State, a political subdivision of a

State, a governmental authority (except a department, agency, or

instrumentality of the United States Government), a foreign agency,

or a private association and to dispose of the site of the memorial

in a way the Commission decides is proper, if -

(1) the appropriate foreign authorities agree to the

demolition; and

(2)(A) the sponsor of the memorial consents to the demolition;

or

(B) the memorial has fallen into disrepair and a reasonable

effort by the Commission has failed -

(i) to persuade the sponsor to maintain the memorial at a

standard acceptable to the Commission; or

(ii) to locate the sponsor.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1272.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2106(a) 36:125(a). Mar. 4, 1923, ch. 283, Sec.

5(a), 42 Stat. 1509; June

26, 1946, ch. 502, 60 Stat.

317; July 25, 1956, ch. 721,

Sec. 2(b), (d), 70 Stat.

640; Jan. 2, 1974, Pub. L.

93-244, 87 Stat. 1070.

2106(b)(1) 36:125(b)(1) (1st Mar. 4, 1923, ch. 283, Sec.

sentence), (d). 5(b)-(d), as added Jan. 2,

1974, Pub. L. 93-244, 87

Stat. 1070; Oct. 9, 1996,

Pub. L. 104-275, title VI,

Sec. 602(a), 110 Stat. 3344.

2106(b)(2) 36:125(b)(1) (last

sentence), (d).

2106(b)(3) 36:125(b)(2)(A),

(d).

2106(c) 36:125(b)(2)(B),

(d).

2106(d) 36:125(b)(3).

2106(e) 36:125(c), (d).

--------------------------------------------------------------------

In subsections (b), (c), and (e), the text of 36:125(d) is

omitted as unnecessary.

In subsection (b)(1), before clause (A), the words "in its

discretion" and "before, on, or after the effective date of this

subsection" are omitted as unnecessary. The words "governmental

authority (except a department, agency, or instrumentality of the

United States Government)" are substituted for "non-Federal

governmental agency" for consistency in the revised title and with

other titles of the United States Code. In clause (B), the word

"title" is omitted as included in "rights".

MAINTENANCE AND REPAIR OF PACIFIC BATTLE MONUMENTS

Pub. L. 103-160, div. A, title III, Sec. 369, Nov. 30, 1993, 107

Stat. 1634, provided that:

"(a) Authority. - The Commandant of the Marine Corps may provide

necessary minor maintenance and repairs to the Pacific battle

monuments until such time as the Secretary of the American Battle

Monuments Commission and the Commandant of the Marine Corps agree

that the repair and maintenance will be performed by the American

Battle Monuments Commission.

"(b) Funding. - Of the amounts authorized to be appropriated to

the Marine Corps for operation and maintenance in a fiscal year,

not more than $15,000 may be made available to repair and maintain

Pacific battle monuments, except that of the amounts available to

the Marine Corps for operation and maintenance in fiscal year 1994,

$150,000 may be made available to repair and relocate a monument

located on Iwo Jima commemorating the heroic efforts of United

States military personnel during World War II."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2103 of this title.

-End-

-CITE-

36 USC Sec. 2107 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2107. National Memorial Cemetery of the Pacific

-STATUTE-

With the consent of the Secretary of Veterans Affairs, the

American Battle Monuments Commission may build works of

architecture and art in the National Memorial Cemetery of the

Pacific.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1274.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2107 36:125a. June 24, 1954, ch. 359, Sec.

101 (1st proviso in last

par. under heading "American

Battle Monuments

Commission"), 68 Stat. 275.

--------------------------------------------------------------------

The words "Secretary of Veterans Affairs" are substituted for

"Secretary of the Army" because of section 6 of the National

Cemeteries Act of 1973 (Public Law 93-43, 38 U.S.C. 2404 note),

which transferred jurisdiction over and responsibility for the

national cemeteries (with certain exceptions) from the Secretary of

the Army to the Administrator of Veterans' Affairs. The words "as

may be determined by the Commission" are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 2108 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2108. Pacific War Memorial and other historical and memorial

sites on Corregidor

-STATUTE-

(a) General. - After an agreement is made between the Government

of the Republic of the Philippines and the United States

Government, the American Battle Monuments Commission shall restore,

operate, and maintain the Pacific War Memorial and other historical

and memorial sites on Corregidor.

(b) Personnel. - The Commission may employ necessary personnel to

carry out this section.

(c) Use of Other Departments, Agencies, and Instrumentalities. -

Departments, agencies, and instrumentalities of the United States

Government may assist the Commission, on a reimbursable basis, in

carrying out this section.

(d) Authority To Solicit Contributions. - To carry out this

section, the Commission may solicit and accept private

contributions and shall deposit the contributions in the fund

established by subsection (f) of this section.

(e) Use of Private Amounts. - The Commission shall carry out this

section with private amounts except to the extent amounts are

appropriated under subsection (g) of this section.

(f) Fund. - (1) There is a fund in the Treasury that is available

to the Commission only to carry out this section. The fund consists

of -

(A) amounts deposited into, and interest and proceeds credited

to, the fund under paragraph (2) of this subsection; and

(B) obligations obtained under paragraph (3) of this

subsection.

(2) The Chairman of the Commission shall deposit into the fund

the amounts that are accepted under subsection (d) of this section.

The Secretary of the Treasury shall credit to the fund the interest

on, and the proceeds from the sale or redemption of, obligations

held in the fund.

(3) The Secretary shall invest any part of the fund that the

Chairman decides is not required to meet current expenses. Each

investment shall be made in an interest-bearing obligation of the

United States Government, or an obligation that has its principal

and interest guaranteed by the Government, that the Chairman

decides has a maturity suitable for the fund.

(4) Amounts in the fund exceeding the cost of carrying out this

section, as decided by the Chairman, shall be deposited in the

Treasury as miscellaneous receipts to reimburse the United States

Government for amounts appropriated under subsection (g) of this

section.

(g) Authorization of Appropriations. - There are authorized to be

appropriated -

(1) $6,000,000 for site preparation, design, planning,

construction, and associated administrative costs for the

restoration of the Memorial and other historical and memorial

sites referred to in subsection (a) of this section; and

(2) amounts necessary to operate and maintain the Memorial and

those other historical and memorial sites.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1274.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2108(a) 36:125b(a), (b). Nov. 18, 1988, Pub. L.

100-687, title XVI, Sec.

1602, 102 Stat. 4137.

2108(b) 36:125b(c).

2108(c) 36:125b(d).

2108(d) 36:125b(f).

2108(e) 36:125b(e).

2108(f) 36:125b(g).

2108(g) 36:125b(h).

--------------------------------------------------------------------

-End-

-CITE-

36 USC Sec. 2109 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2109. Foreign Currency Fluctuations Account

-STATUTE-

(a) Establishment and Purpose. - There is an account in the

Treasury known as the "Foreign Currency Fluctuations, American

Battle Monuments Commission, Account". The Account shall be used to

provide amounts, in addition to amounts appropriated for salaries

and expenses of the Commission, to pay the cost of salaries and

expenses that exceeds the amount appropriated for salaries and

expenses because of fluctuations in currency exchange rates of

foreign countries occurring after a budget request for the

Commission is submitted to Congress. The Account may not be used

for any other purpose.

(b) Increase in Permissible Obligations of Amounts. - A provision

of law limiting the amounts the Commission may obligate in a fiscal

year shall be increased to the extent necessary to reflect

fluctuations in exchange rates from those used in preparing the

budget submission.

(c) Transferred Amounts. - (1) Amounts in the Account may be

transferred to amounts appropriated for salaries and expenses of

the Commission. Transferred amounts shall be merged with, and are

available for the same time period as, the appropriation to which

they are applied.

(2) Amounts transferred from the Account may be transferred back

-

(A) if the amounts are not needed to pay obligations incurred

because of fluctuations in currency exchange rates of foreign

countries in the appropriation to which the amounts were

originally transferred; or

(B) because of subsequent favorable fluctuations in the rates

or because other amounts are, or become, available to pay the

obligations.

(3) Amounts transferred to an appropriation under this subsection

may not be transferred back to the Account after the end of the 2d

fiscal year after the fiscal year in which the appropriation was

available for obligation.

(d) Recording of Obligations and Fluctuations in Exchange Rates.

- An obligation of the Commission payable in the currency of a

foreign country may be recorded as an obligation based on exchange

rates used in preparing a budget submission. A change reflecting

fluctuations in exchange rates may be recorded as a disbursement is

made.

(e) Unobligated Balances. - The unobligated balance of an

appropriation for salaries and expenses may be transferred to the

Account not later than the end of the second fiscal year following

the fiscal year for which the appropriation was made. The

unobligated balance shall be merged with, and be available for the

same period and purposes as, the Account.

(f) Annual Report. - The Commission each year shall submit to the

appropriate committees of Congress a report on amounts transferred

under this section.

(g) Authorization of Appropriations. - There is authorized to be

appropriated $3,000,000 to the Account.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1275.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2109(a) 36:138c(a) (1st-3d Mar. 4, 1923, ch. 283, Sec.

sentences). 13, as added May 20, 1988,

Pub. L. 100-322, title III,

Sec. 345(a), 102 Stat. 540.

2109(b) 36:138c(b) (last

sentence).

2109(c)(1) 36:138c(a) (last

sentence), (b) (1st

sentence).

2109(c)(2) 36:138c(d).

2109(c)(3) 36:138c(e).

2109(d) 36:138c(c).

2109(e) 36:138c(f).

2109(f) 36:138c(g).

2109(g) 36:138c note. May 20, 1988, Pub. L.

100-322, title III, Sec.

345(b), 102 Stat. 540.

--------------------------------------------------------------------

-End-

-CITE-

36 USC Sec. 2110 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2110. Claims against the Commission

-STATUTE-

A claim against the American Battle Monuments Commission that is

similar to a claim described in section 2734 of title 10, that is

based on damage to, or loss or destruction of, property, or

personal injury or death of an individual, and that is caused by

the negligent or wrongful act or omission of an officer or civilian

employee of the Commission acting within the scope of the officer's

or employee's office or employment, may be settled, decided, and

paid as provided in section 2734 for the settlement of Army claims.

However, the Secretary of the Army may appoint an officer or

employee of the Commission to a claims commission or as an officer

to approve settlements of claims made by the claims commission. All

payments in settlement of a claim shall be made out of

appropriations made to carry out this chapter.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1276.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2110 36:138b (4th par.). Mar. 4, 1923, ch. 283, Sec.

12 (4th par.), 42 Stat.

1509; June 26, 1946, ch.

502, 60 Stat. 317; July 25,

1956, ch. 721, Secs. 2(c),

(d), 4(c)(3), 70 Stat. 640,

642.

--------------------------------------------------------------------

The words "section 2734 of title 10" and "section 2734" are

substituted for "the first section of the Act entitled 'An Act to

provide for the prompt settlement of claims for damages occasioned

by Army, Navy, and Marine Corps forces in foreign countries',

approved January 2, 1942 (55 Stat. 880, as amended; 31 U.S.C.

224d)" and "such Act", respectively, in section 12 (4th par.) of

the Act of March 4, 1923 (ch. 283), as added by section 4(c)(3) of

the Act of July 25, 1956 (ch. 721, 70 Stat. 642), because of

section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat.

640). The 1942 law enacted former 31:224d, 224h, and 224i. Those

sections subsequently were codified as 10:2734 and repealed by the

Act of August 10, 1956 (ch. 1041, 70A Stat. 154, 672). The words

"both real and personal" are omitted as unnecessary. The words "on

or after July 25, 1956" are omitted as obsolete. The words "or

commissions" are omitted because of 1:1. The words "settled,

decided" are substituted for "considered, ascertained, adjusted,

determined" to eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 2111 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2111. Presidential duties and powers

-STATUTE-

(a) Arrangements With Foreign Countries. - The President is

requested to make the necessary arrangements with the proper

authorities of the appropriate foreign countries to enable the

American Battle Monuments Commission to carry out this chapter.

(b) Transfer of Administrative Duties and Powers and Supplies,

Material, and Equipment to Commission. - (1) The President by

executive order may transfer to the Commission -

(A) the same administrative duties and powers related to a

permanent military cemetery located outside the United States and

the territories and possessions of the United States that were

transferred to the Commission by Executive Order 6614, February

26, 1934, and Executive Order 10057, May 14, 1949, as amended by

Executive Order 10087, December 3, 1949; and

(B) supplies, material, and equipment located in the permanent

military cemetery or in a military depot overseas that -

(i) the Department of Defense does not need; and

(ii) the Commission requests to carry out the duties and

powers specified in clause (A) of this paragraph.

(2) After a transfer under this subsection, the Commission shall

maintain the cemetery and all improvements in it.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1276.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2111(a) 36:127. Mar. 4, 1923, ch. 283, Sec.

6, 42 Stat. 1509; June 26,

1946, ch. 502, 60 Stat. 317.

2111(b) 36:132. Mar. 4, 1923, ch. 283, Sec.

10, 42 Stat. 1509; June 26,

1946, ch. 502, 60 Stat. 317;

July 25, 1956, ch. 721,

Secs. 2(c), (d), 4(b), 70

Stat. 640, 641.

--------------------------------------------------------------------

In subsection (b)(1), the words "duties and powers" are

substituted for "functions" for consistency in the revised title

and with other titles of the United States Code.

-REFTEXT-

REFERENCES IN TEXT

Executive Order 6614, referred to in subsec. (b)(1)(A), is not

classified to the Code.

Executive Order 10057, referred to in subsec. (b)(1)(A), is set

out below.

-EXEC-

EX. ORD. NO. 9873. ADMINISTRATION OF THE MEXICO CITY NATIONAL

CEMETERY

Ex. Ord. No. 9873, July 16, 1947, 12 F.R. 4777, provided:

By virtue of the authority vested in me by section 12 of the act

of March 4, 1923, as amended by the act of June 26, 1946, 60 Stat.

318 [now subsec. (b) of this section], and as President of the

United States, it is hereby ordered as follows:

1. All functions of administration pertaining to the Mexico City

National Cemetery, located in Mexico City, Calazada, Molchor,

Ocampo 31, Mexico, DF, now vested in or exercised by the War

Department, together with the field civilian personnel, records,

supplies, equipment, and property of every kind pertaining thereto,

are hereby transferred from the War Department to the American

Battle Monuments Commission.

2. The unexpended balances of appropriations or allotments of

appropriations which are now, or may become, available to the War

Department for the performance of the functions transferred by this

order shall be transferred to the American Battle Monuments

Commission to such extent as the Director of the Bureau of the

Budget may deem necessary.

EX. ORD. NO. 10057. TRANSFER OF CERTAIN FUNCTIONS PERTAINING TO

UNITED STATES MILITARY CEMETERIES

Ex. Ord. No. 10057, May 14, 1949, 14 F.R. 2585, as amended Ex.

Ord. 10087, Dec. 3, 1949, 14 F.R. 7287, provided:

By virtue of the authority vested in me by section 12 of the act

of March 4, 1923, 42 Stat. 1509, as amended by the act of June 26,

1946, 60 Stat. 318 [now subsec. (b) of this section], and as

President of the United States, it is hereby ordered as follows:

1. All functions of administration pertaining to World War II

United States Military Cemeteries located in or near Cambridge,

England; Margraten, the Netherlands; Hamm, Luxembourg;

Henri-Chapelle, Belgium; Neuvilleen-Condroz, Belgium; St. Laurent,

France; St. James, France; Epinal, France; St. Avold, France;

Draguignan, France; Nettuno (Anzio), Italy; Florence, Italy; Tunis

(Carthage), Tunisia; and Ft. McKinley, Philippine Islands, now

vested in or exercised by the Secretary of the Army pursuant to the

act of May 16, 1946, c. 261, 60 Stat. 182, as amended by the act of

August 5, 1947, c. 497, 61 Stat. 779, together with (a) such

supplies, equipment, temporary structures, utilities and facilities

pertaining thereto as are located therein or are in depots or other

places overseas under the jurisdiction of the American Graves

Registration Service and are determined by the American Battle

Monuments Commission to be required for the discharge of its

responsibilities under this order, and (b) the cemetery records

currently maintained for the operation of such cemeteries,

including records pertinent to the acquisition of real estate upon

which the cemeteries and their appurtenances are situated, are

hereby transferred to the American Battle Monuments Commission;

such transfer to become effective as to any particular cemetery or

group of cemeteries upon the completion of the operational mission

of the Department of the Army with respect to such cemetery or

group of cemeteries, but in no instance later than December 31,

1951, or at such earlier date as may be determined by the President

or the Congress pursuant to the said act of May 16, 1946, as

amended by the act of August 5, 1947.

2. The Department of the Army shall have the right to re-enter

any of such cemeteries subsequent to the effective date of the

transfer of functions with respect thereto for the purpose of

making exhumations or reinterments should any such action become

necessary.

3. There shall be transferred to the American Battle Monuments

Commission so much of the unexpended balances of appropriations

now, or which may become, available to the Department of the Army

for the performance of the functions transferred by the provisions

of this order as the Director of the Bureau of the Budget may deem

necessary for use prior to July 1, 1950, in connection with such

functions.

EX. ORD. NO. 12115. PERMANENT AMERICAN CEMETERY IN REPUBLIC OF

PANAMA

Ex. Ord. No. 12115, Jan. 19, 1979, 44 F.R. 4645, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including Section 10

of the Act of March 4, 1923 (42 Stat. 1509), as amended (36 U.S.C.

132) [now subsec. (b) of this section], and to implement the intent

of the United States Senate (124 Cong. Rec. S3857 of March 16,

1978) as set forth by Reservations (1) and (3) to the Resolution of

Ratification of the Treaty Concerning the Permanent Neutrality and

Operation of the Panama Canal, it is hereby ordered as follows:

1-101. The Secretary of State shall take all appropriate steps to

complete, prior to the date of entry into force of the Treaty

Concerning the Permanent Neutrality and Operation of the Panama

Canal, hereinafter referred to as the Neutrality Treaty, the

negotiations which have begun with the Republic of Panama for an

agreement under which the United States of America would, upon the

date of entry into force of such agreement and thereafter,

administer as a permanent American cemetery such part of Corozal

Cemetery as encompasses the remains of citizens of the United

States of America.

1-102. Subject to the conclusion of the agreement referred to in

Section 1-101 of this Order, the American Battle Monuments

Commission shall administer that part of Corozal Cemetery which

encompasses the remains of citizens of the United States of

America, in accordance with the terms of the agreement with the

Republic of Panama.

1-103. The Governor of the Canal Zone shall, to the extent funds

are available, disinter from Mount Hope Cemetery, before entry into

force of the Neutrality Treaty, and reinter in Corozal Cemetery the

remains of United States citizens, and the remains of members of

their immediate family that are buried with them. The Governor

shall not remove from Mount Hope Cemetery the remains of any such

person whose next of kin timely requests in writing that such

remains not be disinterred. The Governor shall transport to the

United States for reinterment the remains of any such person whose

next of kin timely requests in writing that such remains be

transported to the United States for reinterment.

1-104. The Secretary of Defense shall, to the extent funds are

available, disinter from Corozal Cemetery and transport to the

United States for reinterment the remains of United States

citizens, and the remains of members of their immediate family

buried with them, whose next of kin requests in writing by April 1,

1982, that such remains be transported to the United States for

reinterment.

1-105. Subject to the availability of funds, all the costs

incurred in the disinterment, reinterment in Corozal Cemetery, and

transportation of remains required by this Order, including the

costs of preparation, cremation if requested, and a casket or urn,

shall be borne by the United States of America. The costs of

reinterment in the United States, including any costs for funeral

home services, vaults, plots, or crypts, will be the responsibility

of the next of kin making the request, except to the extent

otherwise provided by law, including any unused specific

entitlements available pursuant to statute.

1-106. (a) The Governor of the Canal Zone shall identify, to the

extent feasible, the closest surviving next of kin of each deceased

United States citizen buried in the Mount Hope and Corozal

Cemeteries, and of such next of kin of each member of the immediate

family that is buried with such United States citizen.

(b) The Governor shall provide notice to the next of kin of such

deceased buried in Mount Hope Cemetery that the Government plans to

remove the deceased to Corozal Cemetery unless the next of kin

requests in writing, not later than three months after the first

issuance of such notification, either that the remains not be

removed from Mount Hope Cemetery, or that the remains be moved to,

and reinterred in, the United States in a cemetery or other burial

site designated by the next of kin.

(c) The Governor shall also provide notice to the next of kin of

such deceased who are buried in Corozal Cemetery that the

Government will disinter and transport such deceased to the United

States for reinterment in a cemetery or other burial site

designated by the next of kin, if the next of kin so requests in

writing not later than April 1, 1982.

(d) The Governor shall publish the notices provided for in

subsections (b) and (c) of this Section in appropriate newspapers,

magazines and other periodicals, and utilize such other means of

communicating with the next of kin that he finds to be practical

and effective.

1-107. The Governor of the Canal Zone shall, before the entry

into force of the Neutrality Treaty, fully advise the next of kin

of all available options, and their implications, in those cases

where a request has been made that remains not be removed from

Mount Hope Cemetery.

1-108. The Secretary of the Army shall supervise the planned

removal of the remains from Mount Hope Cemetery to Corozal Cemetery

and shall ensure compliance with the wishes of any next of kin who,

within the time specified in clause B(i) to the Third Reservation

to the Neutrality Treaty, objects to such removal.

1-109. As used in this Order:

(a) "Next of kin" means the person whom the Governor of the Canal

Zone determines to be the nearest living relative, by consanguinity

or affinity, of a person buried at Mount Hope Cemetery or Corozal

Cemetery.

(b) "Members of their immediate family" means the spouse,

children, mother or father of the deceased United States citizen.

Jimmy Carter.

-End-

-CITE-

36 USC Sec. 2112 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2112. Care and maintenance of Surrender Tree site

-STATUTE-

The American Battle Monuments Commission is responsible for the

care and maintenance of the Surrender Tree site in Santiago, Cuba.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1276.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

2112 36:123 note. Aug. 13, 1957, Pub. L.

85-125, 71 Stat. 344.

--------------------------------------------------------------------

The last sentence of the Act of August 13, 1957 (Public Law

85-125, 71 Stat. 344), is omitted as obsolete.

-End-

-CITE-

36 USC Sec. 2113 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2113. World War II memorial in the District of Columbia

-STATUTE-

(a) Solicitation and Acceptance of Contributions. - (1)

Consistent with its authority under section 2103(e) of this title,

the American Battle Monuments Commission shall solicit and accept

contributions for the World War II memorial.

(2) In this section, the term "World War II memorial" means the

memorial authorized by Public Law 103-32 (40 U.S.C. 1003 note) (!1)

to be established by the Commission on Federal land in the District

of Columbia or its environs to honor members of the Armed Forces

who served in World War II and to commemorate the participation of

the United States in that war.

(b) Creation of Memorial Fund. - (1) There is hereby created in

the Treasury a fund for the World War II memorial, which shall

consist of the following:

(A) Amounts deposited, and interest and proceeds credited,

under paragraph (2).

(B) Obligations obtained under paragraph (3).

(C) The amount of surcharges paid to the Commission for the

World War II memorial under the World War II 50th Anniversary

Commemorative Coins Act (31 U.S.C. 5112 note).

(D) Amounts borrowed using the authority provided under

subsection (d).

(E) Any funds received by the Commission under section 2114 of

this title in exchange for use of, or the right to use, any mark,

copyright or patent.

(2) The Chairman of the Commission shall deposit in the fund the

amounts accepted as contributions under subsection (a). The

Secretary of the Treasury shall credit to the fund the interest on,

and the proceeds from sale or redemption of, obligations held in

the fund.

(3) The Secretary of the Treasury shall invest any portion of the

fund that, as determined by the Chairman, is not required to meet

current expenses. Each investment shall be made in an

interest-bearing obligation of the United States or an obligation

guaranteed as to principal and interest by the United States that,

as determined by the Chairman, has a maturity suitable for the

fund.

(c) Use of Fund. - The fund shall be available to the Commission

-

(1) for the expenses of establishing the World War II memorial,

including the maintenance and preservation amount provided for in

section 8(b) of the Commemorative Works Act (40 U.S.C. 1008(b));

(!1)

(2) for such other expenses, other than routine maintenance,

with respect to the World War II memorial as the Commission

considers warranted; and

(3) to secure, obtain, register, enforce, protect, and license

any mark, copyright, or patent that is owned by, assigned to, or

licensed to the Commission under section 2114 of this title to

aid or facilitate the construction of the World War II memorial.

(d) Special Borrowing Authority. - (1) To assure that

groundbreaking, construction, and dedication of the World War II

memorial are carried out on a timely basis, the Commission may

borrow money from the Treasury of the United States in such amounts

as the Commission considers necessary, but not to exceed a total of

$65,000,000. Borrowed amounts shall bear interest at a rate

determined by the Secretary of the Treasury, taking into

consideration the average market yield on outstanding marketable

obligations of the United States of comparable maturities during

the month preceding the month in which the obligations of the

Commission are issued. The interest payments on such obligations

may be deferred with the approval of the Secretary, but any

interest payment so deferred shall also bear interest.

(2) The borrowing of money by the Commission under paragraph (1)

shall be subject to such maturities, terms, and conditions as may

be agreed upon by the Commission and the Secretary, except that the

maturities may not exceed 20 years and such borrowings may be

redeemable at the option of the Commission before maturity.

(3) The obligations of the Commission shall be issued in amounts

and at prices approved by the Secretary. The authority of the

Commission to issue obligations under this subsection shall remain

available without fiscal year limitation. The Secretary of the

Treasury shall purchase any obligations of the Commission to be

issued under this subsection, and for such purpose the Secretary of

the Treasury may use as a public debt transaction of the United

States the proceeds from the sale of any securities issued under

chapter 31 of title 31. The purposes for which securities may be

issued under such chapter are extended to include any purchase of

the Commission's obligations under this subsection.

(4) Repayment of the interest and principal on any funds borrowed

by the Commission under paragraph (1) shall be made from amounts in

the fund. The Commission may not use for such purpose any funds

appropriated for any other activities of the Commission.

(e) Treatment of Borrowing Authority. - In determining whether

the Commission has sufficient funds to complete construction of the

World War II memorial, as required by section 8 of the

Commemorative Works Act (40 U.S.C. 1008),(!1) the Secretary of the

Interior shall consider the funds that the Commission may borrow

from the Treasury under subsection (d) as funds available to

complete construction of the memorial, whether or not the

Commission has actually exercised the authority to borrow such

funds.

(f) Voluntary Services. - (1) Notwithstanding section 1342 of

title 31, the Commission may accept from any person voluntary

services to be provided in furtherance of the fund-raising

activities of the Commission relating to the World War II memorial.

(2) A person providing voluntary services under this subsection

shall be considered to be a Federal employee for purposes of

chapter 81 of title 5, relating to compensation for work-related

injuries, and chapter 171 of title 28, relating to tort claims. A

volunteer who is not otherwise employed by the United States shall

not be considered to be a Federal employee for any other purpose by

reason of the provision of such voluntary service, except that any

volunteer given responsibility for the handling of funds or the

carrying out of a Federal function is subject to the conflict of

interest laws contained in chapter 11 of title 18 and the

administrative standards of conduct contained in part 2635 of title

5 of the Code of Federal Regulations.

(3) The Commission may provide for reimbursement of incidental

expenses that are incurred by a person providing voluntary services

under this subsection. The Commission shall determine those

expenses that are eligible for reimbursement under this paragraph.

(4) Nothing in this subsection shall be construed to require any

Federal employee to work without compensation or to allow the use

of volunteer services to displace or replace any Federal employee.

(g) Treatment of Certain Contracts. - A contract entered into by

the Commission for the design or construction of the World War II

memorial is not a funding agreement as that term is defined in

section 201 of title 35.

(h) Extension of Authority To Establish Memorial. -

Notwithstanding section 10 of the Commemorative Works Act (40

U.S.C. 1010),(!1) the authority for the construction of the World

War II memorial provided by Public Law 103-32 (40 U.S.C. 1003 note)

(!1) expires on December 31, 2005.

-SOURCE-

(Added Pub. L. 106-117, title VI, Sec. 601(a)(1), Nov. 30, 1999,

113 Stat. 1576.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 103-32 (40 U.S.C. 1003 note), referred to in subsecs.

(a)(2) and (h), is Pub. L. 103-32, May 25, 1993, 107 Stat. 90, as

amended, which is included in the table of Commemorative Works

previously set out under section 1003 of former Title 40, Public

Buildings, Property, and Works, and now set out under section 8903

of Title 40, Public Buildings, Property, and Works.

Section 8 of the Commemorative Works Act, referred to in subsecs.

(c)(1) and (e), is section 8 of Pub. L. 99-652, Nov. 14, 1986, 100

Stat. 3652, as amended, which was classified to section 1008 of

former Title 40, Public Buildings, Property, and Works, and was

repealed and reenacted as section 8906 of Title 40, Public

Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b),

Aug. 21, 2002, 116 Stat. 1062, 1304.

Section 10 of the Commemorative Works Act (40 U.S.C. 1010),

referred to in subsec. (h), is section 10 of Pub. L. 99-652, Nov.

14, 1986, 100 Stat. 3654, as amended, which was classified to

section 1010 of former Title 40, Public Buildings, Property, and

Works, and was repealed and reenacted as sections 8902(b), 8903(e),

and 8909 of Title 40, Public Buildings, Property, and Works, by

Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304.

The World War II 50th Anniversary Commemorative Coins Act,

referred to in subsec. (b)(1)(C) is Pub. L. 102-414, Oct. 14, 1992,

106 Stat. 2106, which is classified as a note under section 5112 of

Title 31, Money and Finance.

-MISC1-

EFFECT OF REPEAL OF CURRENT MEMORIAL FUND

Pub. L. 106-117, title VI, Sec. 601(c), Nov. 30, 1999, 113 Stat.

1578, provided that: "Upon the enactment of this Act [Nov. 30,

1999], the Secretary of the Treasury shall transfer amounts in the

fund created by section 4(a) of Public Law 103-32 (40 U.S.C. 1003

note) [now 40 U.S.C. 8903 note] to the fund created by section

2113(b) of title 36, United States Code, as added by subsection

(a)."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

36 USC Sec. 2114 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 21 - AMERICAN BATTLE MONUMENTS COMMISSION

-HEAD-

Sec. 2114. Intellectual property and related items

-STATUTE-

(a) Authority To Use and Register Intellectual Property. - The

American Battle Monuments Commission may -

(1) adopt, use, register, and license trademarks, service

marks, and other marks;

(2) obtain, use, register, and license the use of copyrights

consistent with section 105 of title 17;

(3) obtain, use, and license patents; and

(4) accept gifts of marks, copyrights, patents, and licenses

for use by the Commission.

(b) Authority To Grant Licenses. - The Commission may grant

exclusive and nonexclusive licenses in connection with any mark,

copyright, patent, or license for the use of such mark, copyright

or patent, except to the extent the grant of such license by the

Commission would be contrary to any contract or license by which

the use of the mark, copyright, or patent was obtained.

(c) Enforcement Authority. - The Commission may enforce any mark,

copyright, or patent by an action in the district courts under any

law providing for the protection of such marks, copyrights, or

patents.

(d) Legal Representation. - The Attorney General shall furnish

the Commission with such legal representation as the Commission may

require under subsection (c). The Secretary of Defense shall

provide representation for the Commission in administrative

proceedings before the Patent and Trademark Office and Copyright

Office.

(e) Irrevocability of Transfers of Copyrights to Commission. -

Section 203 of title 17 shall not apply to any copyright

transferred in any manner to the Commission.

-SOURCE-

(Added Pub. L. 106-117, title VI, Sec. 603(a), Nov. 30, 1999, 113

Stat. 1579.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2113 of this title.

-End-