36 U.S.C. § 2107 — National Memorial Cemetery of the Pa-

Page 62 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2107 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 Treas- ury shall credit to the fund the interest on, and the proceeds from the sale or redemption of, ob- ligations held in the fund. (3) The Secretary shall invest any part of the fund that the Commission decides is not re- quired to meet current expenses. Each invest- ment shall be made in an interest-bearing obli- gation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Com- mission 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 ar- rangement 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 de- molish any war memorial built outside the United States by a citizen of the United States, a State, a political subdivision of a State, a gov- ernmental authority (except a department, agency, or instrumentality of the United States Government), a foreign agency, or a private as- sociation and to dispose of the site of the memo- rial 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. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1272.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2106(a) ........ 36:125(a). Mar. 4, 1923, ch. 283, § 5(a), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, § 2(b), (d), 70 Stat. 640; Jan. 2, 1974, Pub. L. 93–244, 87 Stat. 1070. HISTORICAL AND REVISION NOTES—Continued Revised Section Source (U.S. Code) Source (Statutes at Large) 2106(b)(1) .... 36:125(b)(1) (1st sen- tence), (d). Mar. 4, 1923, ch. 283, § 5(b)–(d), as added Jan. 2, 1974, Pub. L. 93–244, 87 Stat. 1070; Oct. 9, 1996, Pub. L. 104–275, title VI, § 602(a), 110 Stat. 3344. 2106(b)(2) .... 36:125(b)(1) (last sen- tence), (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 depart- ment, agency, or instrumentality of the United States Government)’’ are substituted for ‘‘non-Federal govern- mental 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’’. Statutory Notes and Related Subsidiaries MAINTENANCE AND REPAIR OF PACIFIC BATTLE MONUMENTS Pub. L. 103–160, div. A, title III, § 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 Monu- ments Commission and the Commandant of the Marine Corps agree that the repair and maintenance will be performed by the American Battle Monuments Com- mission. ‘‘(b) FUNDING.—Of the amounts authorized to be ap- propriated to the Marine Corps for operation and main- tenance 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 fis- cal year 1994, $150,000 may be made available to repair and relocate a monument located on Iwo Jima com- memorating the heroic efforts of United States mili- tary personnel during World War II.’’ § 2107. National Memorial Cemetery of the Pa- cific With the consent of the Secretary of Veterans Affairs, the American Battle Monuments Com- mission may build works of architecture and art in the National Memorial Cemetery of the Pa- cific. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1274.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2107 ............ 36:125a. June 24, 1954, ch. 359, § 101 (1st proviso in last par. under heading ‘‘American Battle Monuments Com- mission’’), 68 Stat. 275. The words ‘‘Secretary of Veterans Affairs’’ are sub- stituted 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 jurisdic- tion over and responsibility for the national cemeteries (with certain exceptions) from the Secretary of the Army to the Administrator of Veterans’ Affairs. The Page 63 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2109 words ‘‘as may be determined by the Commission’’ are omitted as unnecessary. § 2108. Pacific War Memorial and other historical and memorial sites on Corregidor (a) GENERAL.—After an agreement is made be- tween 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 memo- rial 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, agen- cies, 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 so- licit 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 Commis- sion shall carry out this section with private amounts except to the extent amounts are ap- propriated 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 de- posit into the fund the amounts that are accept- ed under subsection (d) of this section. The Sec- retary 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 admin- istrative costs for the restoration of the Me- morial and other historical and memorial sites referred to in subsection (a) of this section; and (2) amounts necessary to operate and main- tain the Memorial and those other historical and memorial sites. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1274.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2108(a) ........ 36:125b(a), (b). Nov. 18, 1988, Pub. L. 100–687, title XVI, § 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). § 2109. Foreign Currency Fluctuations Account (a) ESTABLISHMENT AND PURPOSE.—There is an account in the Treasury known as the ‘‘Foreign Currency Fluctuations, American Battle Monu- ments 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 appro- priated for salaries and expenses because of fluc- tuations 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 fis- cal year shall be increased to the extent nec- essary to reflect fluctuations in exchange rates from those used in preparing the budget submis- sion. (c) TRANSFERRED AMOUNTS.—(1) Amounts in the Account may be transferred to amounts ap- propriated for salaries and expenses of the Com- mission. 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 ob- ligations 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 fluctua- tions in the rates or because other amounts are, or become, available to pay the obliga- tions. (3) Amounts transferred to an appropriation under this subsection may not be transferred back to the Account after the end of the 2d fis- cal year after the fiscal year in which the appro- priation was available for obligation. (d) RECORDING OF OBLIGATIONS AND FLUCTUA- TIONS 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 disburse- ment is made. (e) UNOBLIGATED BALANCES.—The unobligated balance of an appropriation for salaries and ex- penses may be transferred to the Account not later than the end of the second fiscal year fol- lowing the fiscal year for which the appropria- tion was made. The unobligated balance shall be merged with, and be available for the same pe- riod and purposes as, the Account.