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36 U.S.C. § 2113 — World War II memorial in the District of Columbia

Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 2113 — World War II memorial in the District of Columbia

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Source file: Laws/federal/codes/united-states-code/title-36/section-2113-world-war-ii-memorial-in-the-district-of-columbia--9a697ab6f6.md
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Source location: Title 36, Chapter 21, § 2113; chapter-021-american-battle-monuments-commission.md

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**(a) Solicitation and Acceptance of Contributions.—** (1) Consistent with its authority under [section 2103(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section2103/e&num=0&edition=prelim), 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. 8903](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8903&num=0&edition=prelim) note) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5112&num=0&edition=prelim) note). (D) Amounts borrowed using the authority provided under subsection (d). (E) Any funds received by the Commission under [section 2114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section2114&num=0&edition=prelim) 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 8906(b) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8906/b&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section2114&num=0&edition=prelim) 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 8906 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8906&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section201&num=0&edition=prelim). **(h) Extension of Authority To Establish Memorial.—** Notwithstanding [section 8903(e) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8903/e&num=0&edition=prelim), the authority for the construction of the World War II memorial provided by Public Law 103–32 ([40 U.S.C. 8903](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8903&num=0&edition=prelim) note) expires on December 31, 2005.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1342 — Limitation on voluntary services

An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term “emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.

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40 U.S.C. § 8903 — Congressional authorization of commemorative works

**(a) In General.—** Commemorative works— (1) may be established on federal lands referred to in [section 8901(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8901/4&num=0&edition=prelim) only as specifically authorized by law; and (2) are subject to applicable provisions of this chapter. **(b) Military Commemorative Works.—** A military commemorative work may be authorized only to commemorate a war or similar major military conflict or a branch of the armed forces. A commemorative work solely commemorating a limited military engagement or a unit of an armed force may not be authorized. Commemorative works to a war or similar major military conflict may not be authorized until at least 10 years after the officially designated end of such war or conflict. **(c) Works Commemorating Events, Individuals, or Groups.—** A commemorative work commemorating an event, individual, or group of individuals, except a military commemorative work as described in subsection (b), may not be authorized until after the 25th anniversary of the event, death of the individual, or death of the last surviving member of the group. **(d) Consultation with National Capital Memorial Advisory Commission.—** In considering legislation authorizing commemorative works in the District of Columbia and its environs, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate shall solicit the views of the National Capital Memorial Advisory Commission. **(e) Expiration of Legislative Authority.—** Any legislative authority for a commemorative work shall expire at the end of the seven-year period beginning on the date of the enactment of such authority, or at the end of the seven-year p

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35 U.S.C. § 201 — Definitions

As used in this chapter— **(a)** The term “Federal agency” means any executive agency as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), and the military departments as defined by [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim). **(b)** The term “funding agreement” means any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government. Such term includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as herein defined. **(c)** The term “contractor” means any person, small business firm, or nonprofit organization that is a party to a funding agreement. **(d)** The term “invention” means any invention or discovery which is or may be patentable or otherwise protectable under this title or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act ([7 U.S.C. 2321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) et seq.). **(e)** The term “subject invention” means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement: Provided, That in the case of a variety of plant, the date of determination (as defined in section 41(d) 11 See References in Text note below. of the Plant Variety Protection Act ([7 U.S.C. 2401

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 5112 — Denominations, specifications, and design of coins

**(a)** The Secretary of the Treasury may mint and issue only the following coins: (1) a dollar coin that is 1.043 inches in diameter. (2) a half dollar coin that is 1.205 inches in diameter and weighs 11.34 grams. (3) a quarter dollar coin that is 0.955 inch in diameter and weighs 5.67 grams. (4) a dime coin that is 0.705 inch in diameter and weighs 2.268 grams. (5) a 5-cent coin that is 0.835 inch in diameter and weighs 5 grams. (6) except as provided under subsection (c) of this section, a one-cent coin that is 0.75 inch in diameter and weighs 3.11 grams. (7) A fifty dollar gold coin that is 32.7 millimeters in diameter, weighs 33.931 grams, and contains one troy ounce of fine gold. (8) A twenty-five dollar gold coin that is 27.0 millimeters in diameter, weighs 16.966 grams, and contains one-half troy ounce of fine gold. (9) A ten dollar gold coin that is 22.0 millimeters in diameter, weighs 8.483 grams, and contains one-fourth troy ounce of fine gold. (10) A five dollar gold coin that is 16.5 millimeters in diameter, weighs 3.393 grams, and contains one-tenth troy ounce of fine gold. (11) A $50 gold coin that is of an appropriate size and thickness, as determined by the Secretary, weighs 1 ounce, and contains 99.99 percent pure gold. (12) A $25 coin of an appropriate size and thickness, as determined by the Secretary, that weighs 1 troy ounce and contains .9995 fine palladium. **(b)** The half dollar, quarter dollar, and dime coins are clad coins with 3 layers of metal. The 2 identical outer layers are an alloy of 75 percent copper and 25 percent nickel. The inner layer is copper. The outer layers are metallurgically bonded to the inner layer and weigh at least 30 percent of the weight of the coin. The dollar coin shall be golden in color, have a distin

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5 U.S.C. § 5334 — Rate on change of position or type of appointment; regulations

**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply. **(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic

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36 U.S.C. § 2114 — Intellectual property and related items

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section105&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section203&num=0&edition=prelim) shall not apply to any copyright transferred in any manner to the Commission.

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40 U.S.C. § 8906 — Criteria for issuance of construction permit

**(a) Criteria for Issuing Permit.—** Before issuing a permit for the construction of a commemorative work in the District of Columbia and its environs, the Secretary of the Interior or Administrator of General Services, as appropriate, shall determine that— (1) the site and design have been approved by the Secretary or Administrator, the National Capital Planning Commission and the Commission of Fine Arts; (2) knowledgeable individuals qualified in the field of preservation and maintenance have been consulted to determine structural soundness and durability of the commemorative work and to ensure that the commemorative work meets high professional standards; (3) the sponsor authorized to construct the commemorative work has submitted contract documents for construction of the commemorative work to the Secretary or Administrator; and (4) the sponsor authorized to construct the commemorative work has available sufficient amounts to complete construction of the project. **(b) Donation for Perpetual Maintenance and Preservation.—** (1) In addition to the criteria described above in subsection (a), no construction permit shall be issued unless the sponsor authorized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work. All such amounts shall be available for those purposes pursuant to the provisions of this subsection. The provisions of this subsection shall not apply in instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50 percent of the funding for such work is provided by private sources. (2) Notwithstanding any other provision of law, money o

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31 U.S.C. § 5112 — Denominations, specifications, and design

Page 378 TITLE 31—MONEY AND FINANCE § 5112 Hawaii on Dec. 7, 1941, and participated in combat oper- ations that day. Pub. L. 101–510, div. A, title XIV, §§ 1493, 1494, Nov. 5, 1990, 104 Stat. 1722, commemorating centennial of Yo- semite National Park. Pub. L. 101–296, May 17, 1990, 104 Stat. 197, recognizing Laurance Spelman Rockefeller. Pub. L. 101–260, Mar. 30, 1990, 104 Stat. 122, commemo- rating bicentennial of United States Coast Guard. Pub. L. 100–639, Nov. 9, 1988, 102 Stat. 3331, recognizing Andrew Wyeth. Pub. L. 100–437, §§ 1–3, Sept. 20, 1988, 102 Stat. 1717, rec- ognizing Jesse Owens. Pub. L. 100–210, §§ 1, 2, Dec. 24, 1987, 101 Stat. 1441, rec- ognizing Mary Lasker. Pub. L. 99–418, Sept. 23, 1986, 100 Stat. 952, recognizing Aaron Copland. Pub. L. 99–311, May 20, 1986, 100 Stat. 464, recognizing Harry Chapin. Pub. L. 99–298, May 13, 1986, 100 Stat. 432, recognizing Natan (Anatoly) and Avital Shcharansky. Pub. L. 99–295, May 12, 1986, 100 Stat. 427; Pub. L. 100–210, § 3, Dec. 24, 1987, 101 Stat. 1441; Pub. L. 100–437, § 4, Sept. 20, 1988, 102 Stat. 1717, commemorating the Young Astronaut Program. Pub. L. 95–630, title IV, §§ 401–407, Nov. 10, 1978, 92 Stat. 3679, 3680, recognizing outstanding individuals in the American arts. § 5112. Denominations, specifications, and design of coins (a) The Secretary of the Treasury may mint and issue only the following coins: (1) a dollar coin that is 1.043 inches in diame- ter. (2) a half dollar coin that is 1.205 inches in diameter and weighs 11.34 grams. (3) a quarter dollar coin that is 0.955 inch in diameter and weighs 5.67 grams. (4) a dime coin that is 0.705 inch in diameter and weighs 2.268 grams. (5) a 5-cent coin that is 0.835 inch in diame- ter and weighs 5 grams. (6) except as p

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 2113 — World War II memorial in the District of

Page 66 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2112 tery 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 appro- priate newspapers, magazines and other periodicals, and utilize such other means of communicating with the next of kin that he finds to be practical and effec- tive. 1–107. The Governor of the Canal Zone shall, before the entry into force of the Neutrality Treaty, fully ad- vise 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 Cem- etery 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 Gov- ernor 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. § 2112. Care and maintenance of Surrender Tree site The American Battle Monuments Commission is responsible for the care and maintenance of the Surrender Tree site in Santiago, Cuba

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40 U.S.C. § 8903 — Congressional authorization of commemo-

Page 203 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8903 amendment made by section 202(b) [amending section 8908 of this title] prohibiting a visitor center from being located in the Reserve (as defined in section 8902 of title 40, United States Code), nothing in this title [see Short Title of 2003 Amendment note set out under section 101 of this title] shall apply to a commemora- tive work for which a site was approved in accordance with chapter 89 of title 40, United States Code, prior to the date of enactment of this title [Nov. 17, 2003].’’ FINDINGS Pub. L. 108–126, title II, § 202(a), Nov. 17, 2003, 117 Stat. 1349, provided that: ‘‘Congress finds that— ‘‘(1) the great cross-axis of the Mall in the District of Columbia, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, is a substantially completed work of civic art; and ‘‘(2) to preserve the integrity of the Mall, a reserve area should be designated within the core of the great cross-axis of the Mall where the siting of new com- memorative works is prohibited.’’ § 8902. Definitions and nonapplication (a) DEFINITIONS.—In this chapter: (1) COMMEMORATIVE WORK.—The term ‘‘com- memorative work’’ means any statue, monu- ment, sculpture, memorial, plaque, inscrip- tion, or other structure or landscape feature, including a garden or memorial grove, de- signed to perpetuate in a permanent manner the memory of an individual, group, event or other significant element of American history, except that the term does not include any such item which is located within the interior of a structure or a structure which is pri- marily used for other purposes. (2) THE DISTRICT OF COLUMBIA AND ITS ENVI- RONS.—The term ‘‘the Dis

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