
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 36USC2103]

 
     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. 2103. Administrative

    (a) General Authority.--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 355 of the Revised Statutes 
    (40 U.S.C. 255);
        (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) Disposition of Land.--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) Contracting Out.--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) Delegation.--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) Solicitation and Receipt of Contributions.--(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) Limitation on Use of Contributions.--The Commission may not 
obligate, withdraw, or expend amounts received as contributions before 
March 1, 1998.
    (g) Statements to President.--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) Financial Statements and Audits.--(1) The Commission shall have 
a system of financial controls to enable the Commission to comply with 
the requirements of paragraph (2) of this subsection and with section 
2106(d)(4) of this title.
    (2) The Commission shall--
        (A) by March 1 of each year (beginning with 1998)--
            (i) prepare a financial statement which covers all accounts 
        and associated activities of the Commission for the prior fiscal 
        year and is consistent with the requirements of section 3515 of 
        title 31; and
            (ii) submit the financial statement, together with a 
        narrative summary, to the Committees on Veterans' Affairs of the 
        Senate and House of Representatives; and

        (B) obtain an audit by the Comptroller General of each financial 
    statement prepared under subparagraph (A) of this paragraph, which 
    shall be conducted in accordance with applicable generally accepted 
    government auditing standards and shall be in lieu of any audit 
    otherwise required by law.

    (i) Disposition of Records and Archives.--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) Seal.--The Commission shall have a seal that shall be judicially 
noticed.
    (k) Disbursements Outside Continental United States.--Disbursements 
for expenditures outside the continental United States may be made by a 
special disbursing agent designated by the Commission under regulations 
it prescribes.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1270; Pub. L. 106-117, title 
VI, Secs. 602, 604(3), Nov. 30, 1999, 113 Stat. 1578, 1580.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2103(a)...............................  36:138b (1st par.).              Mar. 4
, 1923, ch. 283, Sec.  12 (1st-
                                                                          3d, l
ast pars.), 42 Stat. 1509; June
                                                                          26, 1
946, ch. 502, 60 Stat. 317; July
                                                                          25, 1
956, ch. 721, Secs.  2(c), (d),
                                                                          4(c)(
1), (2), 70 Stat. 640, 641.
2103(b)...............................  36:137.                          Feb. 1
1, 1927, ch. 104, Sec.  1 (5th
                                                                          provi
so in par. under heading
                                                                          ``Ame
rican Battle Monuments
                                                                          Commi
ssion''), 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, Sec.  7, 42
                                                                          Stat.
 1509; June 26, 1946, ch. 502, 60
                                                                          Stat.
 317.
2103(f)...............................  36:138d(c).                      Mar. 4
, 1923, ch. 283, Sec.  14, as
                                                                          added
 Oct. 9, 1996, Pub. L. 104-275,
                                                                          title
 VI, Sec.  602(b), 110 Stat.
                                                                          3345.
2103(g)...............................  36:131.                          Mar. 4
, 1923, ch. 283, Sec.  8, 42
                                                                          Stat.
 1509; June 26, 1946, ch. 502, 60
                                                                          Stat.
 317; July 25, 1956, ch. 721,
                                                                          Sec. 
 2(c), (d), 70 Stat. 640; Apr.
                                                                          21, 1
976, Pub. L. 94-273, Sec.  3(19),
                                                                          90 St
at. 377.
2103(h)...............................  36:138d(a), (b).
2103(i)...............................  36:138.                          Mar. 4
, 1923, ch. 283, Sec.  9, 42
                                                                          Stat.
 1509; June 26, 1946, ch. 502, 60
                                                                          Stat.
 317; July 25, 1956, ch. 721,
                                                                          Secs.
  2(c), (d), 4(a), 70 Stat. 640,
                                                                          641.
2103(j)...............................  36:136.                          Feb. 1
1, 1927, ch. 104, Sec.  1 (3d
                                                                          provi
so in par. under heading
                                                                          ``Ame
rican Battle Monuments
                                                                          Commi
ssion''), 44 Stat. 1071.
2103(k)...............................  36:133.                          Feb. 1
1, 1927, ch. 104, Sec.  1 (last
                                                                          provi
so in par. under heading
                                                                          ``Ame
rican Battle Monuments
                                                                          Commi
ssion''), 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 sections 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.


                               Amendments

    1999--Subsec. (d). Pub. L. 106-117, Sec. 604(3)(C), substituted 
``Chairman'' for ``chairman''.
    Subsec. (e). Pub. L. 106-117, Sec. 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, Sec. 604(3)(A), struck out 
``, United States Code'' after ``title 31''.
    Subsec. (i). Pub. L. 106-117, Sec. 604(3)(B), struck out ``, United 
States Code'' after ``title 44''.

                  Section Referred to in Other Sections

    This section is referred to in sections 2106, 2113 of this title.
