36 U.S.C. § 2103 — Administrative

Page 59 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2103 § 2103. Administrative (a) GENERAL AUTHORITY.—Subject to appro- priations 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 sec- tion 3111 of title 40; (2) maintain, repair, and operate motor-pro- pelled passenger-carrying vehicles and other property that another department, agency, or instrumentality of the United States Govern- ment provides to the Commission; (3) establish offices in the District of Colum- bia 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 type- writing, including the publication of informa- tion on United States activities, battlefields, memorials, and cemeteries with respect to which the Commission may exercise any du- ties 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 tech- nical and professional personnel. (d) DELEGATION.—Under conditions the Com- mission may prescribe, the Commission may delegate to its Chairman, secretary, or officials in charge of any of its offices any of its author- ity it considers necessary and proper. (e) SOLICITATION AND RECEIPT OF CONTRIBU- TIONS.—(1) The Commission may solicit and re- ceive funds and in-kind donations and gifts from any State, municipal, or private source to carry out the purposes of this chapter. The Commis- sion shall deposit such funds in a separate ac- count 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 responsibil- ities or official duties of the Commission in a fair and objective manner; or (B) compromise the integrity or the appear- ance 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 ex- pend amounts received as contributions before March 1, 1998. (g) STATEMENTS TO PRESIDENT.—The Commis- sion 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.—The Commission shall have a system of financial controls to enable the Commission to comply with the requirements of section 3515 of title 31 and with section 2106(d)(4) of this title. (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 accord- ance 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 expendi- tures outside the continental United States may be made by a special disbursing agent des- ignated by the Commission under regulations it prescribes. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1270; Pub. L. 106–117, title VI, §§ 602, 604(3), Nov. 30, 1999, 113 Stat. 1578, 1580; Pub. L. 107–217, § 3(i)(1), Aug. 21, 2002, 116 Stat. 1300; Pub. L. 112–234, § 2(g), Dec. 28, 2012, 126 Stat. 1625.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2103(a) ........ 36:138b (1st par.). Mar. 4, 1923, ch. 283, § 12 (1st–3d, last pars.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§ 2(c), (d), 4(c)(1), (2), 70 Stat. 640, 641. 2103(b) ........ 36:137. Feb. 11, 1927, ch. 104, § 1 (5th proviso in par. under heading ‘‘American Battle Monuments Commis- sion’’), 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, § 7, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317. 2103(f) ........ 36:138d(c). Mar. 4, 1923, ch. 283, § 14, as added Oct. 9, 1996, Pub. L. 104–275, title VI, § 602(b), 110 Stat. 3345. 2103(g) ........ 36:131. Mar. 4, 1923, ch. 283, § 8, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, § 2(c), (d), 70 Stat. 640; Apr. 21, 1976, Pub. L. 94–273, § 3(19), 90 Stat. 377. 2103(h) ....... 36:138d(a), (b). 2103(i) ........ 36:138. Mar. 4, 1923, ch. 283, § 9, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§ 2(c), (d), 4(a), 70 Stat. 640, 641. 2103(j) ........ 36:136. Feb. 11, 1927, ch. 104, § 1 (3d proviso in par. under heading ‘‘American Battle Monuments Commis- sion’’), 44 Stat. 1071. 2103(k) ....... 36:133. Feb. 11, 1927, ch. 104, § 1 (last proviso in par. under heading ‘‘American Battle Monuments Commis- sion’’), 44 Stat. 1071. In this section, the word ‘‘terms’’ is omitted as in- cluded in ‘‘conditions’’. Page 60 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2104 In subsection (a), before clause (1), the words ‘‘or ap- propriations’’ 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 instrumen- tality’’ are substituted for ‘‘departments’’ for consist- ency in the revised title and with other titles of the Code. In subsection (b), the text of 36:137 is omitted as su- perseded. 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 ces- sation 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 Adminis- trative Services Act of 1949 (ch. 288, 63 Stat. 399) [re- numbered by section 6(a) and (b) of the Act of Sep- tember 5, 1950 (ch. 849, 64 Stat. 583)] repealed the Sur- plus 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 in- volve 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 Cul- tural 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. Editorial Notes AMENDMENTS 2012—Subsec. (h). Pub. L. 112–234 substituted ‘‘of sec- tion 3515 of title 31’’ for ‘‘of paragraph (2) of this sub- section’’, struck out par. (1) designation before ‘‘The Commission’’, and struck out par. (2) which required the Commission to prepare and submit a financial statement by March 1 of each year beginning with 1998 and to obtain an audit by the Comptroller General of each such financial statement. 2002—Subsec. (a)(1). Pub. L. 107–217 substituted ‘‘sec- tion 3111 of title 40’’ for ‘‘section 355 of the Revised Statutes (40 U.S.C. 255)’’. 1999—Subsec. (d). Pub. L. 106–117, § 604(3)(C), sub- stituted ‘‘Chairman’’ for ‘‘chairman’’. Subsec. (e). Pub. L. 106–117, § 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 chap- ter. The Commission shall deposit the amounts with the Treasurer of the United States. The Treasurer shall keep the amounts in separate accounts and shall dis- burse the amounts on vouchers approved by the chair- man.’’ Subsec. (h)(2)(A)(i). Pub. L. 106–117, § 604(3)(A), struck out ‘‘, United States Code’’ after ‘‘title 31’’. Subsec. (i). Pub. L. 106–117, § 604(3)(B), struck out ‘‘, United States Code’’ after ‘‘title 44’’. § 2104. Military cemeteries in foreign countries 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 Com- mission and the Secretary of the Army, imme- diately on the cessation of hostilities, shall de- cide which of the cemeteries will become perma- nent cemeteries or, if they decide it is desirable, shall select new sites for the cemeteries at any other location. The Commission is solely respon- sible for the design and construction of the per- manent cemeteries, and of all buildings, plant- ings, headstones, and other permanent improve- ments incidental to the cemeteries, except that— (1) the Armed Forces are responsible for maintaining the permanent cemeteries until the Commission declares its readiness to as- sume 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 Com- mission 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 Commis- sion to exhume or re-inter a body if they de- cide it is necessary. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1271.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2104 ............ 36:122b. Mar. 4, 1923, ch. 283, § 2, as added July 25, 1956, ch. 721, § 3(a), 70 Stat. 640. In this section, before clause (1), the words ‘‘so estab- lished, if any’’ are omitted as unnecessary. In clause (1), the words ‘‘such time as’’ are omitted as unneces- sary. 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. Statutory Notes and Related Subsidiaries RESTORATION, OPERATION, AND MAINTENANCE OF CLARK VETERANS CEMETERY Pub. L. 112–260, title I, § 106, Jan. 10, 2013, 126 Stat. 2421, provided that: ‘‘(a) IN GENERAL.—After an agreement is made be- tween the Government of the Republic of the Phil- ippines and the United States Government, Clark Vet- erans Cemetery in the Republic of the Philippines shall be treated, for purposes of section 2104 of title 36, United States Code, as a cemetery for which it was de- cided under such section that the cemetery will become a permanent cemetery and the American Battle Monu- ments Commission shall restore, operate, and maintain Clark Veterans Cemetery (to the degree the Commis- sion considers appropriate) under such section in co- operation with the Government of the Republic of the Philippines. ‘‘(b) LIMITATION ON FUTURE BURIALS.—Burials at the cemetery described in subsection (a) after the date of the agreement described in such subsection shall be limited to eligible veterans, as determined by the Com- mission, whose burial does not incur any cost to the Commission. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Commission— ‘‘(1) $5,000,000 for site preparation, design, planning, construction, and associated administrative costs for the restoration of the cemetery described in sub- section (a); and ‘‘(2) amounts necessary to operate and maintain the cemetery described in subsection (a).’’