§2101 — Title 36 Patriotic and National Observances | U.S. Code

§2101 Membership

Title 36 › Subtitle Subtitle I— - Patriotic and National Observances and Ceremonies › Part Part B— - United States Government Organizations Involved With Observances and Ceremonies › Chapter CHAPTER 21— - AMERICAN BATTLE MONUMENTS COMMISSION › § 2101

Last updated Apr 6, 2026|Official source

Summary

The President appoints up to 11 people to the American Battle Monuments Commission and also names one Regular Army officer to be the Commission’s secretary. The members and the secretary serve as long as the President wants and the President fills any openings. Members of the Armed Forces may be appointed. Members do not get a salary. They can be repaid for true work expenses and travel. When traveling outside the continental United States they get a per diem at the rate allowed for uniformed service members under section 405 of title 37 instead of subsistence. When traveling inside the continental United States they get a per diem at the rates under sections 5702 and 5703 of title 5 instead of subsistence. Military officers on the Commission can be reimbursed the same way as civilian members.

Title 36, §2101

Patriotic and National Observances — Source: USLM XML via OLRC

(a)The American Battle Monuments Commission has not more than 11 members appointed by the President. The President also shall appoint one officer of the Regular Army to serve as secretary of the Commission. The members and secretary serve at the pleasure of the President. The President shall fill any vacancies that occur. Notwithstanding any other law, members of the Armed Forces may be appointed members of the Commission.

(b)The members of the Commission serve without compensation. However, the members of the Commission may receive, from an amount appropriated to carry out this chapter or acquired by another authorized way—

(1)their actual expenses related to the work of the Commission;

(2)when in a travel status outside the continental United States, a per diem at the rate authorized to be paid for members of the uniformed services under section 405 of title 37 instead of subsistence; and

(3)when in a travel status in the continental United States, a per diem at the rate authorized to be paid under section 5702 and 5703 of title 5 instead of subsistence.

(c)An officer of the Armed Forces serving as a member or as secretary of the Commission may be reimbursed for expenses when traveling on business of the Commission in the same way as civilian members of the Commission.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 2101(a)36:121 (1st par.).Mar. 4, 1923, ch. 283, § 1 (1st par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; Dec. 18, 1989, Pub. L. 101–237, title V, § 503, 103 Stat. 2094. 2101(b)36:121 (2d par.).Mar. 4, 1923, ch. 283, § 1 (2d par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, § 1, 70 Stat. 640; Oct. 21, 1970, Pub. L. 91–480, 84 Stat. 1081; Apr. 1, 1976, Pub. L. 94–256, 90 Stat. 301. 36:121 (last par.).Mar. 4, 1923, ch. 283, § 1 (last par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, § 1, 70 Stat. 640. 2101(c)36:122.Sept. 26, 1996, Pub. L. 104–204, title III, (2d proviso in par. under heading “American Battle Monuments Commission”), 110 Stat. 2907. In subsection (a), the words “from time to time” are omitted as unnecessary. In subsection (b), before clause (1), the text of 36:121 (last par.) is omitted as executed. In clauses (2) and (3), the word “same” is omitted as unnecessary. In clause (2), the words “authorized to be paid” are substituted for “prescribed” for consistency with clause (3) and 37:405. Subsection (c) is based on 36:122 which is from the 2d proviso in the paragraph under the heading “American Battle Monuments Commission” in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204, 110 Stat. 2907). The provision has been repeated each year in prior appropriations acts and therefore is restated as a permanent provision. For

Prior Provisions

, see citations under 36:122 (1994 ed.). In the restatement, the words “in the same way as” are substituted for “as provided for” for clarity and consistency in the revised title.

Editorial Notes

Amendments

2022—Subsec. (b)(2). Pub. L. 117–263 substituted “section 405” for “section 475”. 2013—Subsec. (b)(2). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(B). See 2011 Amendment note below. 2011—Subsec. (b)(2). Pub. L. 112–81, § 631(f)(4)(B), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “475” for “405”. 1999—Subsec. (b)(2). Pub. L. 106–117, § 604(1)(A), struck out “, United States Code,” after “title 37”. Subsec. (b)(3). Pub. L. 106–117, § 604(1)(B), struck out “, United States Code,” after “title 5”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2013 Amendment Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.