
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: 36USC2113]

 
     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. 2113. World War II memorial in the District of Columbia

    (a) Solicitation and Acceptance of Contributions.--(1) Consistent 
with its authority under section 2103(e) of this title, the American 
Battle Monuments Commission shall solicit and accept contributions for 
the World War II memorial.
    (2) In this section, the term ``World War II memorial'' means the 
memorial authorized by Public Law 103-32 (40 U.S.C. 1003 note) to be 
established by the Commission on Federal land in the District of 
Columbia or its environs to honor members of the Armed Forces who served 
in World War II and to commemorate the participation of the United 
States in that war.
    (b) Creation of Memorial Fund.--(1) There is hereby created in the 
Treasury a fund for the World War II memorial, which shall consist of 
the following:
        (A) Amounts deposited, and interest and proceeds credited, under 
    paragraph (2).
        (B) Obligations obtained under paragraph (3).
        (C) The amount of surcharges paid to the Commission for the 
    World War II memorial under the World War II 50th Anniversary 
    Commemorative Coins Act (31 U.S.C. 5112 note).
        (D) Amounts borrowed using the authority provided under 
    subsection (d).
        (E) Any funds received by the Commission under section 2114 of 
    this title in exchange for use of, or the right to use, any mark, 
    copyright or patent.

    (2) The Chairman of the Commission shall deposit in the fund the 
amounts accepted as contributions under subsection (a). The Secretary of 
the Treasury shall credit to the fund the interest on, and the proceeds 
from sale or redemption of, obligations held in the fund.
    (3) The Secretary of the Treasury shall invest any portion of the 
fund that, as determined by the Chairman, is not required to meet 
current expenses. Each investment shall be made in an interest-bearing 
obligation of the United States or an obligation guaranteed as to 
principal and interest by the United States that, as determined by the 
Chairman, has a maturity suitable for the fund.
    (c) Use of Fund.--The fund shall be available to the Commission--
        (1) for the expenses of establishing the World War II memorial, 
    including the maintenance and preservation amount provided for in 
    section 8(b) of the Commemorative Works Act (40 U.S.C. 1008(b));
        (2) for such other expenses, other than routine maintenance, 
    with respect to the World War II memorial as the Commission 
    considers warranted; and
        (3) to secure, obtain, register, enforce, protect, and license 
    any mark, copyright, or patent that is owned by, assigned to, or 
    licensed to the Commission under section 2114 of this title to aid 
    or facilitate the construction of the World War II memorial.

    (d) Special Borrowing Authority.--(1) To assure that groundbreaking, 
construction, and dedication of the World War II memorial are carried 
out on a timely basis, the Commission may borrow money from the Treasury 
of the United States in such amounts as the Commission considers 
necessary, but not to exceed a total of $65,000,000. Borrowed amounts 
shall bear interest at a rate determined by the Secretary of the 
Treasury, taking into consideration the average market yield on 
outstanding marketable obligations of the United States of comparable 
maturities during the month preceding the month in which the obligations 
of the Commission are issued. The interest payments on such obligations 
may be deferred with the approval of the Secretary, but any interest 
payment so deferred shall also bear interest.
    (2) The borrowing of money by the Commission under paragraph (1) 
shall be subject to such maturities, terms, and conditions as may be 
agreed upon by the Commission and the Secretary, except that the 
maturities may not exceed 20 years and such borrowings may be redeemable 
at the option of the Commission before maturity.
    (3) The obligations of the Commission shall be issued in amounts and 
at prices approved by the Secretary. The authority of the Commission to 
issue obligations under this subsection shall remain available without 
fiscal year limitation. The Secretary of the Treasury shall purchase any 
obligations of the Commission to be issued under this subsection, and 
for such purpose the Secretary of the Treasury may use as a public debt 
transaction of the United States the proceeds from the sale of any 
securities issued under chapter 31 of title 31. The purposes for which 
securities may be issued under such chapter are extended to include any 
purchase of the Commission's obligations under this subsection.
    (4) Repayment of the interest and principal on any funds borrowed by 
the Commission under paragraph (1) shall be made from amounts in the 
fund. The Commission may not use for such purpose any funds appropriated 
for any other activities of the Commission.
    (e) Treatment of Borrowing Authority.--In determining whether the 
Commission has sufficient funds to complete construction of the World 
War II memorial, as required by section 8 of the Commemorative Works Act 
(40 U.S.C. 1008), the Secretary of the Interior shall consider the funds 
that the Commission may borrow from the Treasury under subsection (d) as 
funds available to complete construction of the memorial, whether or not 
the Commission has actually exercised the authority to borrow such 
funds.
    (f) Voluntary Services.--(1) Notwithstanding section 1342 of title 
31, the Commission may accept from any person voluntary services to be 
provided in furtherance of the fund-raising activities of the Commission 
relating to the World War II memorial.
    (2) A person providing voluntary services under this subsection 
shall be considered to be a Federal employee for purposes of chapter 81 
of title 5, relating to compensation for work-related injuries, and 
chapter 171 of title 28, relating to tort claims. A volunteer who is not 
otherwise employed by the United States shall not be considered to be a 
Federal employee for any other purpose by reason of the provision of 
such voluntary service, except that any volunteer given responsibility 
for the handling of funds or the carrying out of a Federal function is 
subject to the conflict of interest laws contained in chapter 11 of 
title 18 and the administrative standards of conduct contained in part 
2635 of title 5 of the Code of Federal Regulations.
    (3) The Commission may provide for reimbursement of incidental 
expenses that are incurred by a person providing voluntary services 
under this subsection. The Commission shall determine those expenses 
that are eligible for reimbursement under this paragraph.
    (4) Nothing in this subsection shall be construed to require any 
Federal employee to work without compensation or to allow the use of 
volunteer services to displace or replace any Federal employee.
    (g) Treatment of Certain Contracts.--A contract entered into by the 
Commission for the design or construction of the World War II memorial 
is not a funding agreement as that term is defined in section 201 of 
title 35.
    (h) Extension of Authority To Establish Memorial.--Notwithstanding 
section 10 of the Commemorative Works Act (40 U.S.C. 1010), the 
authority for the construction of the World War II memorial provided by 
Public Law 103-32 (40 U.S.C. 1003 note) expires on December 31, 2005.

(Added Pub. L. 106-117, title VI, Sec. 601(a)(1), Nov. 30, 1999, 113 
Stat. 1576.)

                       References in Text

    The World War II 50th Anniversary Commemorative Coins Act, referred 
to in subsec. (b)(1)(C) is Pub. L. 102-414, Oct. 14, 1992, 106 Stat. 
2106, which is classified as a note under section 5112 of Title 31, 
Money and Finance.


                Effect of Repeal of Current Memorial Fund

    Pub. L. 106-117, title VI, Sec. 601(c), Nov. 30, 1999, 113 Stat. 
1578, provided that: ``Upon the enactment of this Act [Nov. 30, 1999], 
the Secretary of the Treasury shall transfer amounts in the fund created 
by section 4(a) of Public Law 103-32 (40 U.S.C. 1003 note) to the fund 
created by section 2113(b) of title 36, United States Code, as added by 
subsection (a).''
