§2103 — Title 36 Patriotic and National Observances | U.S. Code

Summary

If Congress gives money, the American Battle Monuments Commission may do a range of administrative things to run its work at home and abroad. It can buy or sell land in foreign countries (without sending the deal to the Attorney General under 40 U.S.C. 3111). It can keep and run vehicles and other property given by other U.S. agencies. It can open offices in Washington, D.C., and elsewhere, rent office or garage space abroad (and pay in advance), and buy printing and publishing services about U.S. activities, battlefields, memorials, and cemeteries. It can hire architects and other technical or professional people and make contracts for work or supplies for use outside the United States, even if other laws would usually limit that. The Commission may also give some of its powers to the Chairman, the secretary, or the heads of its offices. The Commission may ask for and accept money, gifts, or in-kind donations from any public or private source. It must put those funds in a separate Treasury account and only pay them out on vouchers the Chairman approves. The Commission must write rules to decide when a gift would reflect badly on the Commission or hurt the integrity of its programs. It may not commit, withdraw, or spend contributions it received before March 1, 1998. Every October 1, the Commission must send the President a report of all its financial and other transactions from the prior fiscal year. It must keep financial controls to meet federal rules, send records and archives to the National Archives when no longer needed, have an official seal that courts must accept, and may use a special disbursing agent to make payments outside the continental United States.

Title 36, §2103

Patriotic and National Observances — Source: USLM XML via OLRC

(a)Subject to appropriations 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 section 3111 of title 40;

(2)maintain, repair, and operate motor-propelled passenger-carrying vehicles and other property that another department, agency, or instrumentality of the United States Government provides to the Commission;

(3)establish offices in the District of Columbia 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 typewriting, including the publication of information on United States activities, battlefields, memorials, and cemeteries with respect to which the Commission may exercise any duties and powers.

(b)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)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 technical and professional personnel.

(d)Under conditions the Commission may prescribe, the Commission may delegate to its Chairman, secretary, or officials in charge of any of its offices any of its authority it considers necessary and proper.

(e)(1)The Commission may solicit and receive funds and in-kind donations and gifts from any State, municipal, or private source to carry out the purposes of this chapter. The Commission shall deposit such funds in a separate account 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 responsibilities or official duties of the Commission in a fair and objective manner; or

(B)compromise the integrity or the appearance of the integrity of the programs of the Commission or any official involved in those programs.

(f)The Commission may not obligate, withdraw, or expend amounts received as contributions before March 1, 1998.

(g)The Commission 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)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)When no longer required by the Commission, the records and archives of the Commission shall be deposited with the National Archives in accordance with section 2107 of title 44.

(j)The Commission shall have a seal that shall be judicially noticed.

(k)Disbursements for expenditures outside the continental United States may be made by a special disbursing agent designated by the Commission under regulations it prescribes.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 Commission”), 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 Commission”), 44 Stat. 1071. 2103(k)36:133.Feb. 11, 1927, ch. 104, § 1 (last proviso in par. under heading “American Battle Monuments Commission”), 44 Stat. 1071. In this section, the word “terms” is omitted as included in “conditions”. In subsection (a), before clause (1), the words “or appropriations” 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 instrumentality” are substituted for “departments” for consistency in the revised title and with other titles of the Code. In subsection (b), the text of 36:137 is omitted as superseded. 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 cessation 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 Administrative Services Act of 1949 (ch. 288, 63 Stat. 399) [renumbered by section 6(a) and (b) of the Act of September 5, 1950 (ch. 849, 64 Stat. 583)] repealed the Surplus Property Act of 1944 effective July 1, 1949 (except for section 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 involve 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 Cultural 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 section 3515 of title 31” for “of paragraph (2) of this subsection”, 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 “section 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), substituted “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 chapter. The Commission shall deposit the amounts with the Treasurer of the United States. The Treasurer shall keep the amounts in separate accounts and shall disburse the amounts on vouchers approved by the chairman.” 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”.

§2103 Administrative