US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 36USC2106]

 
     TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                              ORGANIZATIONS
 
      Subtitle I--Patriotic and National Observances and Ceremonies
 
Part B--United States Government Organizations Involved With Observances 
                             and Ceremonies
 
            CHAPTER 21--AMERICAN BATTLE MONUMENTS COMMISSION
 
Sec. 2106. War memorials not built by the United States 
        Government
        
    (a) Cooperation With Others.--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) Control, Administration, and Maintenance of War Memorials.--(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) Arrangements for Repair or Long-Term Maintenance of Memorials.--
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) 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 
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) Demolition of War Memorial Built in a Foreign Country and 
Disposition of Site.--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.

(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, Sec.  5(a), 42
                                                                          Stat. 1509; June 26, 1946, ch. 502, 60
                                                                          Stat. 317; July 25, 1956, ch. 721,
                                                                          Sec.  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),     Mar. 4, 1923, ch. 283, Sec.  5(b)-(d),
                                         (d).                             as added Jan. 2, 1974, Pub. L. 93-244,
                                                                          87 Stat. 1070; Oct. 9, 1996, Pub. L.
                                                                          104-275, title VI, Sec.  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''.


           Maintenance and Repair of Pacific Battle Monuments

    Pub. L. 103-160, div. A, title III, Sec. 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 2103 of this title.