36 U.S.C. § 2105: Monuments built by the…

Summary

The American Battle Monuments Commission must plan, build, and keep memorials honoring U.S. Armed Forces who served since April 6, 1917. It can place memorials in the United States and in other countries. The Commission also builds and cares for permanent architecture and art in U.S. cemeteries located outside U.S. territories. The Secretary of Veterans Affairs must maintain works the Commission builds in the National Cemetery Administration, as described in section 2400(b) of title 38. The Commission decides materials and design, sets rules, and supervises construction of memorials and buildings abroad. It may set design rules in a foreign country only if that country allows it. Every memorial design must be approved by the National Commission of Fine Arts before the Commission can accept it.

Title 36, §2105

Patriotic and National Observances, Source: USLM XML via OLRC

(a)Memorials.—

The American Battle Monuments Commission shall prepare plans and estimates to build suitable memorials commemorating 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 outside the United States and the territories and possessions of the United States that are permanent cemeteries. The Secretary of Veterans Affairs shall maintain works of architecture and art built by the Commission in the National Cemetery Administration, as described in section 2400(b) of title 38.

(c)Control and Supervision of Materials, Design, and Building.—

(1)The Commission shall control the materials and design and prescribe regulations for, and supervise the building of, all memorial monuments and buildings in United States cemeteries located outside the United States and the territories and possessions of the United States.

(2)The Commission shall control the design and prescribe regulations for the building of all memorial monuments and buildings commemorating 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 Veterans Affairs” are substituted for “Department of Defense”, and the words “the National Cemetery System, as described in section 2400(b) of title 38” are substituted 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 “National Cemetery Administration” for “National Cemetery System”.

§2105 Monuments Built by the United States Government