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

Page 67 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2114 Secretary. The authority of the Commission to issue obligations under this subsection shall re- main 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 pro- ceeds from the sale of any securities issued under chapter 31 of title 31. The purposes for which securities may be issued under such chap- ter 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 pur- pose any funds appropriated for any other ac- tivities of the Commission. (e) TREATMENT OF BORROWING AUTHORITY.—In determining whether the Commission has suffi- cient funds to complete construction of the World War II memorial, as required by section 8906 of title 40, 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 ac- cept from any person voluntary services to be provided in furtherance of the fund-raising ac- tivities 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-re- lated injuries, and chapter 171 of title 28, relat- ing to tort claims. A volunteer who is not other- wise 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 reim- bursement of incidental expenses that are in- curred by a person providing voluntary services under this subsection. The Commission shall de- termine those expenses that are eligible for re- imbursement under this paragraph. (4) Nothing in this subsection shall be con- strued to require any Federal employee to work without compensation or to allow the use of vol- unteer services to displace or replace any Fed- eral employee. (g) TREATMENT OF CERTAIN CONTRACTS.—A contract entered into by the Commission for the design or construction of the World War II me- morial 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 8903(e) of title 40, the authority for the construction of the World War II memorial provided by Public Law 103–32 (40 U.S.C. 8903 note) expires on De- cember 31, 2005. (Added Pub. L. 106–117, title VI, § 601(a)(1), Nov. 30, 1999, 113 Stat. 1576; amended Pub. L. 108–178, § 4(h), Dec. 15, 2003, 117 Stat. 2641.) Editorial Notes REFERENCES IN TEXT 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 Fi- nance. AMENDMENTS 2003—Subsec. (a)(2). Pub. L. 108–178, § 4(h)(1), sub- stituted ‘‘(40 U.S.C. 8903 note)’’ for ‘‘(40 U.S.C. 1003 note)’’. Subsec. (c)(1). Pub. L. 108–178, § 4(h)(2), substituted ‘‘section 8906(b) of title 40’’ for ‘‘section 8(b) of the Com- memorative Works Act (40 U.S.C. 1008(b))’’. Subsec. (e). Pub. L. 108–178, § 4(h)(3), substituted ‘‘sec- tion 8906 of title 40’’ for ‘‘section 8 of the Commemora- tive Works Act (40 U.S.C. 1008)’’. Subsec. (h). Pub. L. 108–178, § 4(h)(4), substituted ‘‘sec- tion 8903(e) of title 40’’ for ‘‘section 10 of the Commemo- rative Works Act (40 U.S.C. 1010)’’ and ‘‘(40 U.S.C. 8903 note)’’ for ‘‘(40 U.S.C. 1003 note)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees. EFFECT OF REPEAL OF CURRENT MEMORIAL FUND Pub. L. 106–117, title VI, § 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).’’ § 2114. Intellectual property and related items (a) AUTHORITY TO USE AND REGISTER INTELLEC- TUAL PROPERTY.—The American Battle Monu- ments Commission may— (1) adopt, use, register, and license trade- marks, 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, pat- ents, and licenses for use by the Commission. (b) AUTHORITY TO GRANT LICENSES.—The Com- mission may grant exclusive and nonexclusive licenses in connection with any mark, copy- right, 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 Commis- sion may enforce any mark, copyright, or patent Page 68 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2115 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 re- quire under subsection (c). The Secretary of De- fense shall provide representation for the Com- mission in administrative proceedings before the Patent and Trademark Office and Copyright Of- fice. (e) IRREVOCABILITY OF TRANSFERS OF COPY- RIGHTS TO COMMISSION.—Section 203 of title 17 shall not apply to any copyright transferred in any manner to the Commission. (Added Pub. L. 106–117, title VI, § 603(a), Nov. 30, 1999, 113 Stat. 1579.) § 2115. Acquisition, operation, and maintenance of Lafayette Escadrille Memorial The American Battle Monuments Commission may enter into an agreement with the Lafayette Escadrille Memorial Foundation to acquire, op- erate, and maintain the Lafayette Escadrille Memorial in Marnes-la-Coquette, France. Under such an agreement, the Commission shall make necessary arrangements to ensure the ongoing maintenance of the memorial, including the cemetery at the memorial that contains the re- mains of 49 aviators of the United States who died during World War I. (Added Pub. L. 114–227, § 1(a), Sept. 29, 2016, 130 Stat. 934.) CHAPTER 23—UNITED STATES HOLOCAUST MEMORIAL MUSEUM Sec. 2301. Establishment of the United States Holocaust Memorial Museum; functions. 2302. Functions of the Council; membership. 2303. Compensation; travel expenses; full-time offi- cers or employees of United States or Mem- bers of Congress. 2304. Administrative provisions. 2305. Staff. 2306. Insurance for Museum. 2307. Gifts, bequests, and devises of property; tax treatment. 2308. Annual report. 2309. Audit of financial transactions. 2310. Authorization of appropriations. Editorial Notes PRIOR PROVISIONS A prior chapter 23, consisting of sections 2301 to 2309, related to the United States Holocaust Memorial Coun- cil, prior to the general amendment of this chapter by Pub. L. 106–292, § 1. AMENDMENTS 2006—Pub. L. 109–284, § 5(3), Sept. 27, 2006, 120 Stat. 1211, substituted ‘‘Museum’’ for ‘‘museum’’ in item 2306. § 2301. Establishment of the United States Holo- caust Memorial Museum; functions The United States Holocaust Memorial Mu- seum (hereafter in this chapter referred to as the ‘‘Museum’’) is an independent establishment of the United States Government. The Museum shall— (1) provide for appropriate ways for the Na- tion to commemorate the Days of Remem- brance, as an annual, national, civic com- memoration of the Holocaust, and encourage and sponsor appropriate observances of such Days of Remembrance throughout the United States; (2) operate and maintain a permanent living memorial museum to the victims of the Holo- caust, in cooperation with the Secretary of the Interior and other Federal agencies as pro- vided in section 2304 of this title; and (3) carry out the recommendations of the President’s Commission on the Holocaust in its report to the President of September 27, 1979, to the extent such recommendations are not otherwise provided for in this chapter. (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat. 1030; amended Pub. L. 109–284, § 5(4), Sept. 27, 2006, 120 Stat. 1211; Pub. L. 113–237, § 3(c)(2), Dec. 18, 2014, 128 Stat. 2840.) Editorial Notes PRIOR PROVISIONS A prior section 2301, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1277, related to the establishment and purposes of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292. AMENDMENTS 2014—Par. (2). Pub. L. 113–237 substituted ‘‘section 2304’’ for ‘‘section 2306’’. 2006—Pub. L. 109–284 substituted ‘‘United States Gov- ernment’’ for ‘‘United State Government’’ in introduc- tory provisions. Statutory Notes and Related Subsidiaries SUPPORT FOR HOLOCAUST EDUCATION PROGRAMS Pub. L. 116–141, May 29, 2020, 134 Stat. 636, as amended by Pub. L. 118–197, § 2, Dec. 23, 2024, 138 Stat. 2677, pro- vided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Never Again Edu- cation Act’. ‘‘SEC. 2. FINDINGS. ‘‘The Congress finds the following: ‘‘(1) The United States has demonstrated a commit- ment to remembrance and education about the Holo- caust through bilateral relationships and engagement in international organizations such as the United Na- tions and the International Holocaust Remembrance Alliance; the United States works to promote Holo- caust education as a means to understand the impor- tance of democratic principles, use and abuse of power, and to raise awareness about the importance of genocide prevention today. ‘‘(2) The Congress has played a critical role in pre- serving the memory of the Holocaust and promoting awareness, including by authorizing the United States Holocaust Memorial Museum as an inde- pendent establishment of the Federal Government to ensure that ‘the study of the Holocaust become part of the curriculum in every school system in the coun- try’, as well as by establishing a national Holocaust Remembrance Day in 1978. ‘‘(3) 75 years after the conclusion of World War II, with the decreasing number of eyewitnesses and growing distance of students and their families from this history, it is important to institutionalize edu- cation about the events of the Holocaust such as the German Nazis’ racist ideology, propaganda, and plan