§2106 — Title 36 Patriotic and National Observances | U.S. Code

Summary

The American Battle Monuments Commission can help U.S. citizens, states, cities, and private groups build war memorials outside the continental United States. Federal agencies can only help if the memorial’s plan is approved under this law. The Commission can take over control, care, and upkeep of a memorial built by a U.S. citizen, a state or local government, a governmental authority (but not a U.S. federal department or agency), a foreign agency, or a private group that honors U.S. armed forces in hostilities since April 6, 1917, if the memorial is not on the territory of the former enemy and the original sponsors agree and transfer their rights. If the sponsors cannot be found after reasonable effort, the Commission may assume responsibility with the approval of the foreign authorities, and that decision is final. Sponsors may transfer money they have set aside for repair or long-term care to the Commission. Those amounts must go into a special Treasury fund for maintenance. The fund holds deposits, earnings, and investments the Treasury makes in U.S. government-backed securities, and the Commission must keep separate records for each memorial. With a foreign government’s agreement, the Commission may demolish a memorial and clear the site if the sponsor agrees or if the memorial is badly run down and the sponsor refuses or cannot be found after reasonable effort.

Title 36, §2106

Patriotic and National Observances — Source: USLM XML via OLRC

(a)The American Battle Monuments Commission may cooperate with citizens of the United States, States, municipalities, 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)(1)The Commission may assume responsibility for the control, administration, and maintenance of any war memorial built outside the United States by a citizen of the United States, a State, a political subdivision of a State, a governmental authority (except a department, agency, or instrumentality of the United States Government), a foreign agency, or a private association to commemorate the services of any of the Armed Forces in hostilities occurring since April 6, 1917, if—

(A)the memorial is not built on the territory of the applicable former enemy; and

(B)the sponsors of the memorial consent to the Commission assuming those responsibilities and transfer to the Commission all their rights and interests in the memorial.

(2)If reasonable effort fails to locate the sponsors of a memorial, the Commission may assume responsibility for the memorial under this subsection by agreement with the appropriate foreign 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 section, the Commission shall deposit transferred amounts as provided in section 2103(e) of this title.

(c)In assuming responsibility for a war memorial under subsection (b)(1) or (2) of this section, the Commission may arrange with the sponsors of the memorial to provide for repair or long-term maintenance of the memorial. An amount transferred to the Commission for the purpose of this subsection shall be deposited by the Commission in the fund established under subsection (d) of this section.

(d)(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 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 Commission 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 Commission 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 arrangement for repair or long-term maintenance is made under subsection (c) of this section.

(e)The Commission may take necessary action to demolish any war memorial built outside the United States by a citizen of the United States, a State, a political subdivision of a State, a governmental authority (except a department, agency, or instrumentality of the United States Government), a foreign agency, or a private association and to dispose of the site of the memorial 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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. 2106(b)(1)36:125(b)(1) (1st sentence), (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 sentence), (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 department, agency, or instrumentality of the United States Government)” are substituted for “non-Federal governmental 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 Monuments Commission and the Commandant of the Marine Corps agree that the repair and maintenance will be performed by the American Battle Monuments Commission. “(b) Funding.—Of the amounts authorized to be appropriated to the Marine Corps for operation and maintenance 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 fiscal year 1994, $150,000 may be made available to repair and relocate a monument located on Iwo Jima commemorating the heroic efforts of United States military personnel during World War II.”

§2106 War Memorials Not Built by the United States Government