36 U.S.C. § 2105 — Monuments built by the United States

Page 61 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2106 § 2105. Monuments built by the United States Government (a) MEMORIALS.—The American Battle Monu- ments Commission shall prepare plans and esti- mates to build suitable memorials commemo- rating 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 out- side the United States and the territories and possessions of the United States that are perma- nent cemeteries. The Secretary of Veterans Af- fairs shall maintain works of architecture and art built by the Commission in the National Cemetery Administration, as described in sec- tion 2400(b) of title 38. (c) CONTROL AND SUPERVISION OF MATERIALS, DESIGN, AND BUILDING.—(1) The Commission shall control the materials and design and pre- scribe regulations for, and supervise the build- ing of, all memorial monuments and buildings in United States cemeteries located outside the United States and the territories and posses- sions of the United States. (2) The Commission shall control the design and prescribe regulations for the building of all memorial monuments and buildings commemo- rating 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. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1271; Pub. L. 105–368, title IV, § 403(d)(1), Nov. 11, 1998, 112 Stat. 3339.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2105(a) ........ 36:123 (1st par. 1st sentence). Mar. 4, 1923, ch. 283, § 3, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§ 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, § 4, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§ 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 [sic] of Vet- erans Affairs’’ are substituted for ‘‘Department of De- fense’’, and the words ‘‘the National Cemetery System, as described in section 2400(b) of title 38’’ are sub- stituted 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. Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–368 substituted ‘‘Na- tional Cemetery Administration’’ for ‘‘National Ceme- tery System’’. § 2106. War memorials not built by the United States Government (a) COOPERATION WITH OTHERS.—The American Battle Monuments Commission may cooperate with citizens of the United States, States, mu- nicipalities, 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 MAINTE- NANCE OF WAR MEMORIALS.—(1) The Commission may assume responsibility for the control, ad- ministration, and maintenance of any war me- morial built outside the United States by a cit- izen of the United States, a State, a political subdivision of a State, a governmental author- ity (except a department, agency, or instrumen- tality of the United States Government), a for- eign agency, or a private association to com- memorate the services of any of the Armed Forces in hostilities occurring since April 6, 1917, if— (A) the memorial is not built on the terri- tory of the applicable former enemy; and (B) the sponsors of the memorial consent to the Commission assuming those responsibil- ities and transfer to the Commission all their rights and interests in the memorial. (2) If reasonable effort fails to locate the spon- sors of a memorial, the Commission may assume responsibility for the memorial under this sub- section by agreement with the appropriate for- eign 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 sec- tion, 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 re- sponsibility for a war memorial under sub- section (b)(1) or (2) of this section, the Commis- sion may arrange with the sponsors of the me- morial to provide for repair or long-term main- tenance of the memorial. An amount transferred to the Commission for the purpose of this sub- section shall be deposited by the Commission in