36 U.S.C.
United States Code, 2014 Edition
Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS
Subtitle I - Patriotic and National Observances and Ceremonies
From the U.S. Government Publishing Office, www.gpo.gov

Subtitle I—Patriotic and National Observances and Ceremonies

Amendments

2014—Pub. L. 113–237, §3(a)(2)(A), Dec. 18, 2014, 128 Stat. 2835, struck out item for part A "Observances and Ceremonies", which consisted of items for chapters 1 to 9, and item for part B "United States Government Organizations Involved With Observances and Ceremonies", which consisted of items for chapters 21 to 25.

2004—Pub. L. 108–447, div. J, title I, §109(b)(1), Dec. 8, 2004, 118 Stat. 3344, substituted "March, and Tree" for ", and March" in item for chapter 3.

Part A—Observances and Ceremonies

CHAPTER 1—PATRIOTIC AND NATIONAL OBSERVANCES

Sec.
101.
American Heart Month.
102.
Asian/Pacific American Heritage Month.
103.
Cancer Control Month.
104.
Carl Garner Federal Lands Cleanup Day.
105.
Child Health Day.
106.
Constitution Day and Citizenship Day.
107.
Columbus Day.
108.
Constitution Week.
109.
Father's Day.
110.
Flag Day.
111.
Gold Star Mother's Day.
112.
Honor America Days.
113.
Law Day, U.S.A.
114.
Leif Erikson Day.
115.
Loyalty Day.
116.
Memorial Day.
117.
Mother's Day.
118.
National Aviation Day.
119.
National Day of Prayer.
120.
National Defense Transportation Day.
121.
National Disability Employment Awareness Month.
122.
National Flag Week.
123.
National Forest Products Week.
124.
National Freedom Day.
125.
National Grandparents Day.
126.
National Hispanic Heritage Month.
127.
National Korean War Veterans Armistice Day.
128.
National Maritime Day.
129.
National Pearl Harbor Remembrance Day.
130.
National Poison Prevention Week.
131.
National Safe Boating Week.
132.
National School Lunch Week.
133.
National Transportation Week.
134.
Pan American Aviation Day.
135.
Parents' Day.
136.
Peace Officers Memorial Day.
137.
Police Week.
138.
Save Your Vision Week.
139.
Steelmark Month.
140.
Stephen Foster Memorial Day.
141.
Thomas Jefferson's birthday.
142.
White Cane Safety Day.
143.
Wright Brothers Day.
144.
Patriot Day.

        

Amendments

2004—Pub. L. 108–447, div. J, title I, §111(c)(2), Dec. 8, 2004, 118 Stat. 3345, inserted "Constitution Day and" before "Citizenship Day" in item 106.

2001—Pub. L. 107–89, §2, Dec. 18, 2001, 115 Stat. 877, added item 144.

World War I Centennial

Pub. L. 113–291, div. B, title XXX, §3091(a)–(c)(3)(B), Dec. 19, 2014, 128 Stat. 3858–3860, provided that:

"(a) Liberty Memorial as World War I Museum and Memorial.—

"(1) Designation of liberty memorial.—The Liberty Memorial of Kansas City at America's National World War I Museum in Kansas City, Missouri, is hereby designated as a 'World War I Museum and Memorial'.

"(2) Ceremonies.—The World War I Centennial Commission (in this section referred to as the 'Commission') may plan, develop, and execute ceremonies to recognize the designation of the Liberty Memorial of Kansas City as a World War I Museum and Memorial.

"(b) Pershing Park as World War I Memorial.—

"(1) Redesignation of pershing park.—Pershing Park in the District of Columbia is hereby redesignated as a 'World War I Memorial'.

"(2) Ceremonies.—The Commission may plan, develop, and execute ceremonies for the rededication of Pershing Park, as it approaches its 50th anniversary, as a World War I Memorial and for the enhancement of the General Pershing Commemorative Work as authorized by paragraph (3).

"(3) Authority to enhance commemorative work.—

"(A) In general.—The Commission may enhance the General Pershing Commemorative Work by constructing on the land designated by paragraph (1) as a World War I Memorial appropriate sculptural and other commemorative elements, including landscaping, to further honor the service of members of the United States Armed Forces in World War I.

"(B) General pershing commemorative work defined.—In this subsection, the term 'General Pershing Commemorative Work' means the memorial to the late John J. Pershing, General of the Armies of the United States, who commanded the American Expeditionary Forces in World War I, and to the officers and men under his command, as authorized by Public Law 89–786 (80 Stat. 1377).

"(4) Compliance with standards for commemorative works.—

"(A) In general.—Except as provided in subparagraph (B), chapter 89 of title 40, United States Code, applies to the enhancement of the General Pershing Commemorative Work under this subsection.

"(B) Waiver of certain requirements.—

"(i) Site selection for memorial.—Section 8905 of such title does not apply with respect to the selection of the site for the World War I Memorial.

"(ii) Certain conditions.—Section 8908(b) of such title does not apply to this subsection.

"(5) No infringement upon existing memorial.—The World War I Memorial designated by paragraph (1) may not interfere with or encroach on the District of Columbia War Memorial.

"(6) Deposit of excess funds.—

"(A) Use for other world war i commemorative activities.—If, upon payment of all expenses for the enhancement of the General Pershing Commemorative Work under this subsection (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for such purpose, the Commission may use the amount of the balance for other commemorative activities authorized under the World War I Centennial Commission Act (Public Law 112–272; 126 Stat. 2448) [set out below].

"(B) Use for other commemorative works.—If the authority for enhancement of the General Pershing Commemorative Work and the authority of the Commission to plan and conduct commemorative activities under the World War I Centennial Commission Act have expired and there remains a balance of funds received for the enhancement of the General Pershing Commemorative Work, the Commission shall transmit the amount of the balance to a separate account with the National Park Foundation, to be available to the Secretary of the Interior following the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under section 8906(b)(3) of such title, except that funds in such account may only be obligated subject to appropriation.

"(7) Authorization to complete construction after termination of commission.—[Amended section 8 of Pub. L. 112–272, set out below.]

"(c) Additional Amendments to World War I Centennial Commission Act.—[Pars. (1) to (3)(B) amended sections 4, 7, and 9 of Pub. L. 112–272, set out below. Par. (3)(C) amended table of contents of Pub. L. 112–272, which was omitted from the Code.]"

Pub. L. 112–272, Jan. 14, 2013, 126 Stat. 2448, as amended by Pub. L. 113–291, div. B, title XXX, §3091(b)(7)–(c)(3)(B), Dec. 19, 2014, 128 Stat. 3859, 3860, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'World War I Centennial Commission Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. FINDINGS.

"Congress makes the following findings:

"(1) From 2014 through 2018, the United States and nations around the world will mark the centennial of World War I, including the entry of the United States into the war in April 1917.

"(2) America's support of Great Britain, France, Belgium, and its other allies in World War I marked the first time in United States history that American soldiers went abroad in defense of liberty against foreign aggression, and it marked the true beginning of the 'American century'.

"(3) Although World War I was at the time called 'the war to end all wars', in fact the United States would commit its troops to the defense of foreign lands 3 more times in the 20th century.

"(4) More than 4,000,000 men and women from the United States served in uniform during World War I, among them 2 future presidents, Harry S. Truman and Dwight D. Eisenhower. Two million individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas. The United States suffered 375,000 casualties during World War I, including 116,516 deaths.

"(5) The events of 1914 through 1918 shaped the world, the United States, and the lives of millions of people.

"(6) The centennial of World War I offers an opportunity for people in the United States to learn about and commemorate the sacrifices of their predecessors.

"(7) Commemorative programs, activities, and sites allow people in the United States to learn about the history of World War I, the United States involvement in that war, and the war's effects on the remainder of the 20th century, and to commemorate and honor the participation of the United States and its citizens in the war effort.

"SEC. 3. DEFINITIONS.

"In this Act—

"(1) America's national world war i museum.—The term 'America's National World War I Museum' means the Liberty Memorial Museum in Kansas City, Missouri, as recognized by Congress in section 1031(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2045).

"(2) Centennial commission.—The term 'Centennial Commission' means the World War I Centennial Commission established by section 4(a).

"(3) Veterans service organization.—The term 'veterans service organization' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.

"SEC. 4. ESTABLISHMENT OF WORLD WAR I CENTENNIAL COMMISSION.

"(a) Establishment.—There is established a commission to be known as the 'World War I Centennial Commission'.

"(b) Membership.—

"(1) Composition.—The Centennial Commission shall be composed of 12 members as follows:

"(A) Two members who shall be appointed by the Speaker of the House of Representatives.

"(B) One member who shall be appointed by the minority leader of the House of Representatives.

"(C) Two members who shall be appointed by the majority leader of the Senate.

"(D) One member who shall be appointed by the minority leader of the Senate.

"(E) Three members who shall be appointed by the President from among persons who are broadly representative of the people of the United States (including members of the Armed Forces, veterans, and representatives of veterans service organizations).

"(F) One member who shall be appointed by the executive director of the Veterans of Foreign Wars of the United States.

"(G) One member who shall be appointed by the executive director of the American Legion.

"(H) One member who shall be appointed by the president of the Liberty Memorial Association.

"(2) Time for appointment.—The members of the Centennial Commission shall be appointed not later than 60 days after the date of the enactment of this Act [Jan. 14, 2013].

"(3) Period of appointment.—Each member shall be appointed for the life of the Centennial Commission.

"(4) Vacancies.—A vacancy in the Centennial Commission shall be filled in the manner in which the original appointment was made.

"(c) Meetings.—

"(1) Initial meeting.—

"(A) In general.—Not later than 30 days after the date on which all members of the Centennial Commission have been appointed, the Centennial Commission shall hold its first meeting.

"(B) Location.—The location for the meeting held under subparagraph (A) shall be the America's National World War I Museum.

"(2) Subsequent meetings.—

"(A) In general.—The Centennial Commission shall meet at the call of the Chair.

"(B) Frequency.—The Chair shall call a meeting of the members of the Centennial Commission not less frequently than once each year.

"(C) Location.—Not less frequently than once each year, the Centennial Commission shall meet at the America's National World War I Museum.

"(3) Quorum.—Seven members of the Centennial Commission shall constitute a quorum, but a lesser number may hold hearings.

"(d) Chair and Vice Chair.—The Centennial Commission shall select a Chair and Vice Chair from among its members.

"(e) Ex Officio and Other Advisory Members.—

"(1) Powers.—The individuals listed in paragraphs (2) and (3), or their designated representative, shall serve on the Centennial Commission solely to provide advice and information to the members of the Centennial Commission appointed pursuant to subsection (b)(1), and shall not be considered members for purposes of any other provision of this Act.

"(2) Ex officio members.—The following individuals shall serve as ex officio members:

"(A) The Archivist of the United States.

"(B) The Librarian of Congress.

"(C) The Secretary of the Smithsonian Institution.

"(D) The Secretary of Education.

"(E) The Secretary of State.

"(F) The Secretary of Veterans Affairs.

"(G) The Administrator of General Services.

"(3) Other advisory members.—The following individuals shall serve as other advisory members:

"(A) Four members appointed by the Secretary of Defense in the following manner: One from the Navy, one from the Marine Corps, one from the Army, and one from the Air Force.

"(B) Two members appointed by the Secretary of Homeland Security in the following manner: One from the Coast Guard and one from the United States Secret Service.

"(C) Two members appointed by the Secretary of the Interior, including one from the National Parks Service.

"(4) Vacancies.—A vacancy in a member position under paragraph (3) shall be filled in the same manner in which the original appointment was made.

"SEC. 5. DUTIES OF CENTENNIAL COMMISSION.

"(a) In General.—The duties of the Centennial Commission are as follows:

"(1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I.

"(2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I.

"(3) To facilitate and coordinate activities throughout the United States relating to the centennial of World War I.

"(4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I.

"(5) To develop recommendations for Congress and the President for commemorating the centennial of World War I.

"(b) Reports.—

"(1) Periodic report.—Not later than the last day of the 6-month period beginning on the date of the enactment of this Act [Jan. 14, 2013], and not later than the last day of each 3-month period thereafter, the Centennial Commission shall submit to Congress and the President a report on the activities and plans of the Centennial Commission.

"(2) Recommendations.—Not later than 2 years after the date of the enactment of this Act, the Centennial Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities.

"SEC. 6. POWERS OF CENTENNIAL COMMISSION.

"(a) Hearings.—The Centennial Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Centennial Commission considers appropriate to carry out its duties under this Act.

"(b) Powers of Member and Agents.—If authorized by the Centennial Commission, any member or agent of the Centennial Commission may take any action which the Centennial Commission is authorized to take under this Act.

"(c) Information From Federal Agencies.—The Centennial Commission shall secure directly from any Federal department or agency such information as the Centennial Commission considers necessary to carry out the provisions of this Act. Upon the request of the Chair of the Centennial Commission, the head of such department or agency shall furnish such information to the Centennial Commission.

"(d) Administrative Support Services.—Upon the request of the Centennial Commission, the Administrator of the General Services Administration shall provide to the Centennial Commission, on a reimbursable basis, the administrative support services necessary for the Centennial Commission to carry out its responsibilities under this Act.

"(e) Contract Authority.—

"(1) In general.—Except as provided in paragraph (2), the Centennial Commission is authorized—

"(A) to procure supplies, services, and property; and

"(B) to make or enter into contracts, leases, or other legal agreements.

"(2) Limitation.—The Centennial Commission may not enter into any contract, lease, or other legal agreement that extends beyond the date of the termination of the Centennial Commission under section 8(a).

"(f) Postal Services.—The Centennial Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

"(g) Gifts, Bequests, and Devises.—The Centennial Commission shall accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of covering the costs incurred by the Centennial Commission to carry out its duties under this Act.

"SEC. 7. CENTENNIAL COMMISSION PERSONNEL MATTERS.

"(a) Compensation of Members.—Members of the Centennial Commission shall serve without compensation for such service.

"(b) Travel Expenses.—Each member of the Centennial Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions of title 5, United States Code.

"(c) Staff.—

"(1) In general.—The Chair of the Centennial Commission shall, in consultation with the members of the Centennial Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Centennial Commission to perform its duties.

"(2) Compensation.—

"(A) In general.—Subject to subparagraph (B), the Chair of the Centennial Commission may fix the compensation of the executive director and any other personnel appointed under paragraph (1), without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates.

"(B) Limitation.—The Chair of the Centennial Commission may not fix the compensation of the executive director or other personnel appointed under paragraph (1) at a rate that exceeds the rate of payable [sic] for level II of the Executive Schedule under section 5315 of title 5, United States Code.

"(C) Work location.—If the city government for Kansas City, Missouri, and the Liberty Memorial Association make space available in the building in which the America's National World War I Museum is located, the executive director of the Centennial Commission and other personnel appointed under paragraph (1) shall work in such building to the extent practical.

"(d) Detail of Government Employees.—Upon request of the Centennial Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any employee of that department or agency to the Centennial Commission to assist it in carrying out its duties under this Act.

"(e) Procurement of Temporary and Intermittent Services.—The Chair of the Centennial Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

"SEC. 8. TERMINATION OF CENTENNIAL COMMISSION.

"(a) In General.—Except as provided in subsection (c), the Centennial Commission shall terminate on the earlier of—

"(1) the date that is 30 days after the date the completion of the activities under this Act honoring the centennial observation of World War I; or

"(2) July 28, 2019.

"(b) Application of Federal Advisory Committee Act.—

"(1) In general.—Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Centennial Commission under this Act.

"(2) Exception.—Section 14(a)(2) of such Act shall not apply to the Centennial Commission.

"(c) Exception for Completion of World War I Memorial.—The Centennial Commission may perform such work as is necessary to complete the rededication of a World War I Memorial and enhancement of the General Pershing Commemorative Work under section 3091(b) of the National Defense Authorization Act for Fiscal Year 2015 [Pub. L. 113–291, set out above], subject to section 8903 of title 40, United States Code.

"SEC. 9. LIMITATION ON OBLIGATION OF FEDERAL FUNDS.

"No Federal funds may be obligated or expended for the designation, establishment, or enhancement of a memorial or commemorative work by the World War I Centennial Commission."

Ronald Reagan Centennial Commission

Pub. L. 111–25, June 2, 2009, 123 Stat. 1767, as amended by Pub. L. 112–13, §1, May 12, 2011, 125 Stat. 215, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Ronald Reagan Centennial Commission Act'.

"SEC. 2. ESTABLISHMENT.

"There is established a commission to be known as the 'Ronald Reagan Centennial Commission' (in this Act referred to as the 'Commission').

"SEC. 3. DUTIES OF COMMISSION.

"The Commission shall—

"(1) plan, develop, and carry out such activities as the Commission considers fitting and proper to honor Ronald Reagan on the occasion of the 100th anniversary of his birth;

"(2) provide advice and assistance to Federal, State, and local governmental agencies, as well as civic groups[,] to carry out activities to honor Ronald Reagan on the occasion of the 100th anniversary of his birth;

"(3) develop activities that may be carried out by the Federal Government to determine whether the activities are fitting and proper to honor Ronald Reagan on the occasion of the 100th anniversary of his birth; and

"(4) submit to the President and Congress reports pursuant to section 7.

"SEC. 4. MEMBERSHIP.

"(a) Number and Appointment.—The Commission shall be composed of 11 members as follows:

"(1) The Secretary of the Interior.

"(2) Four members appointed by the President after considering the recommendations of the Board of Trustees of the Ronald Reagan Foundation.

"(3) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives.

"(4) One Member of the House of Representatives appointed by the minority leader of the House of Representatives.

"(5) Two Members of the Senate appointed by the majority leader of the Senate.

"(6) One Member of the Senate appointed by the minority leader of the Senate.

"(b) Ex Officio Member.—The Archivist of the United States shall serve in an ex officio capacity on the Commission to provide advice and information to the Commission.

"(c) Terms.—Each member shall be appointed for the life of the Commission.

"(d) Deadline for Appointment.—All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act [June 2, 2009].

"(e) Vacancies.—A vacancy on the Commission shall—

"(1) not affect the powers of the Commission; and

"(2) be filled in the manner in which the original appointment was made.

"(f) Rates of Pay.—Members shall not receive compensation for the performance of their duties on behalf of the Commission.

"(g) Travel Expenses.—Each member of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from home or his or her regular place of business, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

"(h) Quorum.—A majority of the members of the Commission shall constitute a quorum to conduct business, but two or more members may hold hearings.

"(i) Chairperson.—The chairperson of the Commission shall be elected by a majority vote of the members of the Commission.

"SEC. 5. DIRECTOR AND STAFF OF COMMISSION.

"(a) Director and Staff.—The Commission shall appoint an executive director and such other additional personnel as are necessary to enable the Commission to perform its duties.

"(b) Applicability of Certain Civil Service Laws.—The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay for the executive director and other staff may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

"(c) Detail of Federal Employees.—Upon request of the Commission, the Secretary of the Interior or the Archivist of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act.

"(d) Experts and Consultants.—The Commission may procure such temporary and intermittent services as are necessary to enable the Commission to perform its duties.

"(e) Volunteer and Uncompensated Services.—Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.

"SEC. 6. POWERS OF COMMISSION.

"(a) Hearings.—The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.

"(b) Mails.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

"(c) Obtaining Official Data.—The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission.

"(d) Gifts, Bequests, Devises.—The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of aiding or facilitating its work.

"(e) Available Space.—Upon the request of the Commission, the Administrator of General Services shall make available nationwide to the Commission, at a normal rental rate for Federal agencies, such assistance and facilities as may be necessary for the Commission to carry out its duties under this Act.

"(f) Contract Authority.—The Commission may enter into contracts with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act.

"SEC. 7. REPORTS.

"(a) Annual Reports.—The Commission shall submit to the President and the Congress annual reports on the revenue and expenditures of the Commission, including a list of each gift, bequest, or devise to the Commission with a value of more than $250, together with the identity of the donor of each gift, bequest, or devise.

"(b) Interim Reports.—The Commission may submit to the President and Congress interim reports as the Commission considers appropriate.

"(c) Final Report.—Not later than November 30, 2011, the Commission shall submit a final report to the President and the Congress containing—

"(1) a summary of the activities of the Commission;

"(2) a final accounting of funds received and expended by the Commission; and

"(3) the findings, conclusions, and final recommendations of the Commission.

"SEC. 8. TERMINATION.

"The Commission may terminate on such date as the Commission may determine after it submits its final report pursuant to section 7(c), but not later than December 31, 2011.

"SEC. 9. ANNUAL AUDIT.

"The Inspector General of the Department of the Interior may perform an audit of the Commission, shall make the results of any audit performed available to the public, and shall transmit such results to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

"SEC. 10. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS.

"No Federal funds may be obligated to carry out this Act."

225th Anniversary of the American Revolution Commemoration

Pub. L. 108–447, div. J, title II, Dec. 8, 2004, 118 Stat. 3348, provided that:

"SEC. 201. SHORT TITLE.

"This title may be cited as the '225th Anniversary of the American Revolution Commemoration Act'.

"SEC. 202. FINDINGS AND PURPOSES.

"(a) FINDINGS.—Congress finds the following:

"(1) The American Revolution, inspired by the spirit of liberty and independence among the inhabitants of the original 13 colonies of Great Britain, was an event of global significance having a profound and lasting effect upon American Government, laws, culture, society, and values.

"(2) The years 2000 through 2008 mark the 225th anniversary of the Revolutionary War.

"(3) Every generation of American citizens should have an opportunity to understand and appreciate the continuing legacy of the American Revolution.

"(4) This 225th anniversary provides an opportunity to enhance public awareness and understanding of the impact of the American Revolution's legacy on the lives of citizens today.

"(5) Although the National Park Service administers battlefields, historical parks, historic sites, and programs that address elements of the story of the American Revolution, there is a need to establish partnerships that link sites and programs administered by the National Park Service with those of other Federal and non-Federal entities in order to place the story of the American Revolution in the broad context of its causes, consequences, and meanings.

"(6) The story and significance of the American Revolution can best engage the American people through a national program of the National Park Service that links historic structures and sites, routes, activities, community projects, exhibits, and multimedia materials, in a manner that is both unified and flexible.

"(b) Purposes.—The purposes of this Act [probably should be "title"] are as follows:

"(1) To recognize the enduring importance of the American Revolution in the lives of American citizens today.

"(2) To authorize the National Park Service to coordinate, connect, and facilitate Federal and non-Federal activities to commemorate, honor, and interpret the history of the American Revolution, its significance, and its relevance to the shape and spirit of American Government and society.

"SEC. 203. 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION PROGRAM.

"(a) In General.—The Secretary of the Interior (hereinafter in this Act [title] referred to as the 'Secretary') shall establish a program to be known as the '225th Anniversary of the American Revolution Commemoration' (hereinafter in this Act [title] referred to as the '225th Anniversary'). In administering the 225th Anniversary, the Secretary shall—

"(1) produce and disseminate to appropriate persons educational materials, such as handbooks, maps, interpretive guides, or electronic information related to the 225th Anniversary and the American Revolution;

"(2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c);

"(3) assist in the protection of resources associated with the American Revolution;

"(4) enhance communications, connections, and collaboration among the National Park Service units and programs related to the Revolutionary War;

"(5) expand the research base for American Revolution interpretation and education; and

"(6) create and adopt an official, uniform symbol or device for the theme 'Lighting Freedom's Flame: American Revolution, 225th Anniversary' and issue regulations for its use.

"(b) Elements.—The 225th Anniversary shall encompass the following elements:

"(1) All units and programs of the National Park Service determined by the Secretary to pertain to the American Revolution.

"(2) Other governmental and nongovernmental sites, facilities, and programs of an educational, research, or interpretive nature that are documented to be directly related to the American Revolution.

"(3) Through the Secretary of State, the participation of the Governments of the United Kingdom, France, the Netherlands, Spain, and Canada.

"(c) Cooperative Agreements and Memoranda of Understanding.—To achieve the purposes of this Act [title] and to ensure effective coordination of the Federal and non-Federal elements of the 225th Anniversary with National Park Service units and programs, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the following:

"(1) The heads of other Federal agencies, States, units of local government, and private entities.

"(2) In cooperation with the Secretary of State, the Governments of the United Kingdom, France, the Netherlands, Spain, and Canada.

"(d) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this Act [title] $500,000 for each of fiscal years 2004 through 2009."

Benjamin Franklin Tercentenary Commission

Pub. L. 107–202, July 24, 2002, 116 Stat. 739, known as the Benjamin Franklin Tercentenary Commission Act, created the Commission to celebrate the 300th anniversary of Franklin's birth, established the Commission's membership, duties and powers, authorized appropriations, required interim reports and a final report by Jan. 16, 2007, and provided that the Commission would terminate 120 days after submitting its final report.

Brown v. Board of Education 50th Anniversary Commission

Pub. L. 107–41, Sept. 18, 2001, 115 Stat. 226, created the Brown v. Board of Education 50th Anniversary Commission to plan and coordinate the commemoration of the 50th anniversary of the Supreme Court decision in Brown v. Board of Education and provided for reports by the Commission and for its termination not later than Feb. 1, 2005.

James Madison Commemoration Commission

Pub. L. 106–550, Dec. 19, 2000, 114 Stat. 2745, known as the James Madison Commemoration Commission Act, created the James Madison Commemoration Commission and the James Madison Commemoration Advisory Committee, directed them to prepare various publications, activities, and events relating to the life of James Madison, and provided for a final report by the Commission not later than Feb. 15, 2002, and the termination of the Commission and Committee not later than 60 days after submission of the report.

Abraham Lincoln Bicentennial Commission

Pub. L. 106–173, Feb. 25, 2000, 114 Stat. 14, as amended by Pub. L. 107–20, title II, §2804, July 24, 2001, 115 Stat. 185; Pub. L. 107–68, title II, §209, Nov. 12, 2001, 115 Stat. 588; Pub. L. 107–117, div. B, §917(a), Jan. 10, 2002, 115 Stat. 2324; Pub. L. 108–7, div. H, title I, §1304, Feb. 20, 2003, 117 Stat. 379; Pub. L. 108–59, §1, July 14, 2003, 117 Stat. 860; Pub. L. 111–8, div. G, title I, §1204, Mar. 11, 2009, 123 Stat. 826, known as the Abraham Lincoln Bicentennial Commission Act, established the Abraham Lincoln Bicentennial Commission to plan and carry out various activities to honor the bicentennial anniversary of Lincoln's birth and provided for a final report by the Commission not later than Apr. 30, 2010, and termination of the Commission 120 days after submission of the report.

Proc. No. 9129. Armed Forces Day

Proc. No. 9129, May 16, 2014, 79 F.R. 29321, provided:

In every generation, there are men and women who stand apart. They put on the uniform and put their lives on the line so the rest of us might live in a safer, freer, more just world. They defend us in times of peace, times of war, and times of crisis, both natural and man-made. On Armed Forces Day, we honor the Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen who render the highest service any American can offer.

The patriots who stand sentry for our security are a proud link in an unbroken chain that stretches through the centuries. This generation has distinguished itself on mission after mission, tour after tour. Because of their heroism, the core of al-Qaeda is severely degraded and our homeland is more secure. Thanks to their extraordinary sacrifice, we are winding down more than a decade of war and strengthening alliances that extend our values. These are the gifts they have given us, and this is why we owe them a profound debt of gratitude.

It is our obligation to ensure our troops have all they need to complete their missions abroad, but we must also support them when they return home. We must care for the families who serve alongside them and fulfill our promises today, tomorrow, and forever. And we must demonstrate our thanks by building a Nation worthy of their sacrifices, a Nation that lives up to our founding ideals and allows every citizen to write their chapter of the American story.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, and Commander in Chief of the Armed Forces of the United States, continuing the precedent of my predecessors in office, do hereby proclaim the third Saturday of each May as Armed Forces Day.

I direct the Secretary of Defense on behalf of the Army, Navy, Air Force, and Marine Corps, and the Secretary of Homeland Security on behalf of the Coast Guard, to plan for appropriate observances each year, with the Secretary of Defense responsible for encouraging the participation and cooperation of civil authorities and private citizens.

I invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States, to provide for the observance of Armed Forces Day within their jurisdiction each year in an appropriate manner designed to increase public understanding and appreciation of the Armed Forces of the United States. I also invite veterans, civic leaders, and organizations to join in the observance of Armed Forces Day.

Finally, I call upon all Americans to display the flag of the United States at their homes on Armed Forces Day, and I urge citizens to learn more about military service by attending and participating in the local observances of the day. I also encourage Americans to volunteer at organizations that provide support to our troops and their families.

Proclamation 8984 of May 17, 2013, is hereby superseded.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of May, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty-eighth.

Barack Obama.      

Prior similar proclamations were contained in the following:

Proc. No. 8984, May 17, 2013, 78 F.R. 30731, superseded by Proc. No. 9129, May 16, 2014, 79 F.R. 29321.

Proc. No. 8823, May 18, 2012, 77 F.R. 30875, superseded by Proc. No. 8984, May 17, 2013, 78 F.R. 30731.

Proc. No. 8681, May 20, 2011, 76 F.R. 30497, superseded by Proc. No. 8823, May 18, 2012, 77 F.R. 30875.

Proc. No. 8522, May 14, 2010, 75 F.R. 28185, superseded by Proc. No. 8681, May 20, 2011, 76 F.R. 30497.

Proc. No. 8380, May 14, 2009, 74 F.R. 23603, superseded by Proc. No. 8522, May 14, 2010, 75 F.R. 28185.

Proc. No. 7562, May 16, 2002, 67 F.R. 35707, superseded by Proc. No. 8380, May 14, 2009, 74 F.R. 23603.

Proc. No. 6693, May 21, 1994, 59 F.R. 26923, superseded by Proc. No. 7562, May 16, 2002, 67 F.R. 35707.

Proc. No. 5983, May 17, 1989, 54 F.R. 21593, superseded by Proc. No. 6693, May 21, 1994, 59 F.R. 26923.

Proc. No. 4934, Apr. 16, 1982, 47 F.R. 16767, superseded by Proc. No. 5983, May 17, 1989, 54 F.R. 21593.

Proc. No. 4571, May 15, 1978, 43 F.R. 21313, superseded by Proc. No. 4934, Apr. 16, 1982, 47 F.R. 16767.

Proc. No. 4492, Mar. 22, 1977, 42 F.R. 15889, superseded by Proc. No. 4571, May 15, 1978, 43 F.R. 21313.

Proc. No. 4357, Mar. 25, 1975, 40 F.R. 13293, superseded by Proc. No. 4492, Mar. 22, 1977, 42 F.R. 15889.

Proc. No. 4276, Mar. 21, 1974, 39 F.R. 10877, superseded by Proc. No. 4357, Mar. 25, 1975, 40 F.R. 13293.

Proc. No. 3655, May 7, 1965, 30 F.R. 6467, superseded by Proc. No. 4276, Mar. 21, 1974, 39 F.R. 10877.

Proc. No. 3399, Mar. 22, 1961, 26 F.R. 2501, superseded by Proc. No. 3655, May 7, 1965, 30 F.R. 6467.

Proc. No. 3172, Mar. 6, 1957, 22 F.R. 1427, superseded by Proc. No. 3399, Mar. 22, 1961, 26 F.R. 2501.

Proc. No. 8455. National Farm-City Week

Proc. No. 8455, Nov. 20, 2009, 74 F.R. 61261, provided:

Our Nation's farm and ranch families supply many of the basic necessities of our daily life. They manage a large portion of our country's fertile land base, and they are caretakers of our valuable natural resources and diverse ecosystems. Their connections with urban and suburban communities are critical to our economy and to the nourishment of our people. During National Farm-City Week, we express gratitude for the contributions of our Nation's farmers and ranchers, and we rededicate ourselves to providing all Americans with access to healthy food, and thus, a healthy future.

Pioneered by Native Americans, agriculture was our Nation's first industry. For agriculture to thrive in the 21st century, we must continue to cultivate the relationships between farmers and rural businesses and their partners and customers in cities and towns. American farmers and ranchers are proud to grow the food, feed, fuel, and fiber that enhance our national security and prosperity, and remain steadfast stewards of the land they love. We must ensure that farming is maintained as an economically, socially, and environmentally sustainable way of life for future generations.

This Thanksgiving season, we celebrate farms of every size that produce fruits, vegetables, dairy, and livestock indispensable to the health of our families. We also recognize the vital ties between our urban and suburban communities and their local farmers through regional food systems, farmers markets, and community gardens. During National Farm-City Week, we celebrate the bounty of America, and we honor the commitment of those who grow, harvest, and deliver agricultural goods to feed our country and grow our economy.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim the week ending on Thanksgiving Day of each year as National Farm-City Week. I call on Americans as they gather with their families and friends to reflect on the accomplishments of all who dedicate their lives to promoting our Nation's agricultural abundance and environmental stewardship.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of November, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-fourth.

Barack Obama.      

Proc. No. 8641. Cesar Chavez Day

Proc. No. 8641, Mar. 30, 2011, 76 F.R. 18629, provided:

Our Nation's story of progress is rich with profound struggle and great sacrifice, marked by the selfless acts and fearless leadership of remarkable Americans. A true champion for justice, Cesar Chavez advocated for and won many of the rights and benefits we now enjoy, and his spirit lives on in the hands and hearts of working women and men today. As we celebrate the anniversary of his birth, we honor Cesar Chavez's lasting victories for American workers and his noble methods in achieving them.

Raised in the fields of Arizona and California, Cesar Chavez faced hardship and injustice from a young age. At the time, farm workers toiled in the shadows of society, vulnerable to abuse and exploitation. Families like Chavez's were impoverished; exposed to hazardous working conditions and dangerous pesticides; and often denied clean drinking water, toilets, and other basic necessities.

Cesar Chavez saw the need for change and made a courageous choice to work to improve the lives of his fellow farm workers. Through boycotts and fasts, he led others on a path of nonviolence conceived in careful study of the teachings of St. Francis of Assisi and Mahatma Gandhi, and in the powerful example of Martin Luther King, Jr. He became a community organizer and began his lifelong advocacy to protect and empower people. With quiet leadership and a powerful voice, Cesar founded the United Farm Workers (UFW) with Dolores Huerta, launching one of our Nation's most inspiring social movements.

Cesar Chavez's legacy provides lessons from which all Americans can learn. One person can change the course of a nation and improve the lives of countless individuals. Cesar once said, "Non-violence is not inaction. . . . Non-violence is hard work. It is the willingness to sacrifice. It is the patience to win." From his inspiring accomplishments, we have learned that social justice takes action, selflessness, and commitment. As we face the challenges of our day, let us do so with the hope and determination of Cesar Chavez, echoing the words that were his rallying cry and that continue to inspire so many today, "Sí, se puede"—"Yes, we can."

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 31 of each year as Cesar Chavez Day. I call upon all Americans to observe this day with appropriate service, community, and educational programs to honor Cesar Chavez's enduring legacy.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of March, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-fifth.

Barack Obama.      

Proc. No. 8647. World Autism Awareness Day

Proc. No. 8647, Apr. 1, 2011, 76 F.R. 19265, provided:

With autism spectrum disorders (ASDs) affecting nearly one percent of children in the United States, autism is an urgent public health issue with a profound impact on millions of Americans. World Autism Awareness Day is an opportunity to recognize the contributions of individuals with ASDs and rededicate ourselves to the cause of understanding and responding to autism.

Men and women on the autism spectrum have thrived and excelled in communities across America and around the world. Yet, despite great progress in understanding ASDs, challenges remain for these individuals and their loved ones. For too long, the needs of people living with autism and their families have gone without adequate support and understanding. While we continue to encourage the development of resources for children on the autism spectrum and provide necessary resources for their families, we must also remember that young people with ASDs become adults with ASDs who deserve our support, our respect, and the opportunity to realize their highest aspirations.

As our understanding of the autism spectrum grows, my Administration remains dedicated to supporting children and adults impacted by autism. Led by the Department of Health and Human Services, we have expanded investments in autism research, public health tracking, early detection, and services—from early intervention for children to improved long-term services and support programs for adults. My Administration maintains a firm commitment to advance autism research and treatment, as well as promote education, employment, and equality for all individuals with autism, from early childhood through employment and community life. We will continue to work with the Congress, experts, and families to improve Federal and State programs that assist individuals with ASDs and their families and to bolster the impact and reach of community support and services. I encourage all Americans to visit www.HHS.gov/autism for more information and resources on ASDs.

With each breakthrough in research and each innovative treatment, we open endless possibilities for the many American families who have been touched by autism. As we mark World Autism Awareness Day, let us recommit to improving the lives of individuals and families impacted by ASDs and creating a world free from discrimination where all can achieve their fullest potential.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2 of each year as World Autism Awareness Day. I call upon the people of the United States to learn more about autism and what they can do to support individuals on the autism spectrum and their families.

IN WITNESS WHEREOF, I have hereunto set my hand this first day of April, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-fifth.

Barack Obama.      

Executive Order No. 13072

Ex. Ord. No. 13072, Feb. 2, 1998, 63 F.R. 6041, provided for formation of the White House Millennium Council to lead the country in a celebration of the new millennium by initiating and recognizing national and local projects that contributed in educational, creative, and productive ways to America's commemoration of that historic time.

§101. American Heart Month

The President is requested to issue each year a proclamation—

(1) designating February as American Heart Month;

(2) inviting the chief executive officers of the States, territories, and possessions of the United States to issue proclamations designating February as American Heart Month; and

(3) urging the people of the United States to recognize the nationwide problem of heart and blood vessel diseases and to support all essential programs required to solve the problem.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1254.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
101 36:169b. Dec. 30, 1963, Pub. L. 88–254, 77 Stat. 843.

In clause (2), the words "chief executive officers" are substituted for "Governors", and the words "territories, and possessions" are substituted for "territories", for clarity and consistency in the revised title and with other titles of the United States Code.

Short Title of 2009 Amendment

Pub. L. 111–113, §1, Dec. 14, 2009, 123 Stat. 3026, provided that: "This Act [amending sections 190104 and 190109 of this title] may be cited as the 'Reserve Officers Association Modernization Act of 2009'."

Short Title of 2008 Amendment

Pub. L. 110–207, §1, Apr. 30, 2008, 122 Stat. 719, provided that: "This Act [amending section 140503 of this title] may be cited as the 'Purple Heart Family Equity Act of 2007'."

Short Title of 2007 Amendment

Pub. L. 110–26, §1, May 11, 2007, 121 Stat. 103, provided that: "This Act [enacting sections 300111 and 300112 of this title, amending sections 300101 to 300105, 300107, 300109, and 300110 of this title, renumbering former section 300111 of this title as section 300113 of this title, and enacting provisions set out as a note under section 300101 of this title] may be cited as the 'The American National Red Cross Governance Modernization Act of 2007'."

Short Title of 2005 Amendment

Pub. L. 109–9, title III, §311, Apr. 27, 2005, 119 Stat. 226, provided that: "This subtitle [subtitle B (§§311, 312) of title III of Pub. L. 109–9, amending sections 151703, 151705, 151706, and 151711 of this title] may be cited as the 'National Film Preservation Foundation Reauthorization Act of 2005'."

Short Title of 2002 Amendment

Pub. L. 107–323, §1, Dec. 4, 2002, 116 Stat. 2787, provided that: "This Act [amending section 902 of this title and enacting provisions set out as a note under section 902 of this title] may be cited as the 'POW/MIA Memorial Flag Act of 2002'."

Short Title of 1998 Amendment

Pub. L. 105–277, div. C, title I, §142(a), Oct. 21, 1998, 112 Stat. 2681–603, provided that: "This section [enacting section 220512 of this title, amending sections 220501, 220503 to 220506, 220509 to 220511, 220521 to 220524, and 220528 of this title, and enacting provisions set out as a note under section 220501 of this title] may be cited as the 'Olympic and Amateur Sports Act Amendments of 1998'."

§102. Asian/Pacific American Heritage Month

(a) Designation.—May is Asian/Pacific American Heritage Month.

(b) Proclamations.—The President is requested to issue each year a proclamation calling on the people of the United States, and the chief executive officers of each State of the United States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Marshall Islands, Micronesia, and Palau are requested to issue each year proclamations calling on the people of their respective jurisdictions, to observe Asian/Pacific American Heritage Month with appropriate programs, ceremonies, and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1254.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
102(a) 36:169k(a). Oct. 23, 1992, Pub. L. 102–450, §2, 106 Stat. 2251.
102(b) 36:169k(b)–(d).  

§103. Cancer Control Month

(a) General.—The President is requested—

(1) to issue each year a proclamation designating April as Cancer Control Month; and

(2) to invite each year the chief executive officers of the States, territories, and possessions of the United States to issue proclamations designating April as Cancer Control Month.


(b) Contents of Proclamations.—As part of those proclamations, the chief executive officers and President are requested to invite the medical profession, the press, and all agencies and individuals interested in a national program for the control of cancer by education and other cooperative means to unite during Cancer Control Month in a public dedication to the program and in a concerted effort to make the people of the United States aware of the need for the program.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
103 36:150. Mar. 28, 1938, ch. 56, 52 Stat. 148.

In subsection (a)(2), the words "chief executive officers" are substituted for "Governors" for clarity and consistency in the revised title and with other titles of the United States Code.

§104. Carl Garner Federal Lands Cleanup Day

(a) Designation.—The first Saturday after Labor Day is Carl Garner Federal Lands Cleanup Day.

(b) Proclamation.—The President shall issue a proclamation calling on the people of the United States to observe Carl Garner Federal Lands Cleanup Day with appropriate programs, ceremonies, and activities. However, activities may be undertaken in individual States on a day other than the first Saturday after Labor Day if a manager of Federal land decides that an alternative date is more appropriate because of climatological or other factors.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
104(a) 36:169i (1st sentence). Aug. 27, 1986, Pub. L. 99–402, §3, 100 Stat. 910; Nov. 12, 1996, Pub. L. 104–333, §806, 110 Stat. 4188.
104(b) 36:169i (last sentence).  

In subsection (b), the words "associated with Carl Garner Federal Lands Cleanup Day" are omitted as unnecessary.

§105. Child Health Day

The President is requested to issue each year a proclamation—

(1) designating the first Monday in October as Child Health Day; and

(2) inviting all agencies and organizations interested in child welfare to unite on Child Health Day in observing exercises that will make the people of the United States aware of the fundamental necessity of a year-round program to protect and develop the health of the children of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
105 36:143. May 18, 1928, ch. 643, 45 Stat. 617; Sept. 22, 1959, Pub. L. 86–352, 73 Stat. 627.

§106. Constitution Day and Citizenship Day

(a) Designation.—September 17 is designated as Constitution Day and Citizenship Day.

(b) Purpose.—Constitution Day and Citizenship Day commemorate the formation and signing on September 17, 1787, of the Constitution and recognize all who, by coming of age or by naturalization, have become citizens.

(c) Proclamation.—The President may issue each year a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings on Constitution Day and Citizenship Day and inviting the people of the United States to observe Constitution Day and Citizenship Day, in schools and churches, or other suitable places, with appropriate ceremonies.

(d) State and Local Observances.—The civil and educational authorities of States, counties, cities, and towns are urged to make plans for the proper observance of Constitution Day and Citizenship Day and for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the State and locality in which they reside.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255; Pub. L. 108–447, div. J, title I, §111(c)(1), Dec. 8, 2004, 118 Stat. 3344.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
106(a) 36:153 (1st par. 1st–13th words). Feb. 29, 1952, ch. 49, §1, 66 Stat. 9.
106(b) 36:153 (1st par. 14th word–words before "and the President").  
106(c) 36:153 (1st par. words after "of citizenship").  
106(d) 36:153 (2d, last pars.).  

In subsection (d), the text of 36:153 (last par.) is omitted as obsolete.

Amendments

2004—Pub. L. 108–447, §111(c)(1)(A), inserted "Constitution Day and" before "Citizenship Day" in section catchline.

Subsec. (a). Pub. L. 108–447, §111(c)(1)(B), substituted "is designated as Constitution Day and Citizenship Day" for "is Citizenship Day".

Subsec. (b). Pub. L. 108–447, §111(c)(1)(C), inserted "Constitution Day and" before "Citizenship Day" and substituted "commemorate" for "commemorates" and "recognize" for "recognizes".

Subsec. (c). Pub. L. 108–447, §111(c)(1)(D), inserted "Constitution Day and" before "Citizenship Day" in two places.

Subsec. (d). Pub. L. 108–447, §111(c)(1)(E), inserted "Constitution Day and" before "Citizenship Day".

Educational and Training Materials for New Federal Employees Concerning the U.S. Constitution

Pub. L. 108–447, div. J, title I, §111, Dec. 8, 2004, 118 Stat. 3344, provided that:

"(a) The head of each Federal agency or department shall—

"(1) provide each new employee of the agency or department with educational and training materials concerning the United States Constitution as part of the orientation materials provided to the new employee; and

"(2) provide educational and training materials concerning the United States Constitution to each employee of the agency or department on September 17 of each year.

"(b) Each educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.

"(c) [Amended section 106 of this title and table of contents of this chapter.]

"(d) This section shall be without fiscal year limitation."

§107. Columbus Day

The President is requested to issue each year a proclamation—

(1) designating the second Monday in October as Columbus Day;

(2) calling on United States Government officials to display the flag of the United States on all Government buildings on Columbus Day; and

(3) inviting the people of the United States to observe Columbus Day, in schools and churches, or other suitable places, with appropriate ceremonies that express the public sentiment befitting the anniversary of the discovery of America.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
107 36:146. Apr. 30, 1934, ch. 184, 48 Stat. 657.

In clause (1), the words "the 2d Monday in October" are substituted for "October 12" in the Act of April 30, 1934 (ch. 184, 48 Stat. 657), because of section 1(b) of the Act of June 28, 1968 (Public Law 90–363, 82 Stat. 250).

§108. Constitution Week

The President is requested to issue each year a proclamation—

(1) designating September 17 through September 23 as Constitution Week; and

(2) inviting the people of the United States to observe Constitution Week, in schools, churches, and other suitable places, with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
108 36:159. Aug. 2, 1956, ch. 875, 70 Stat. 932.

§109. Father's Day

(a) Designation.—The third Sunday in June is Father's Day.

(b) Proclamation.—The President is requested to issue a proclamation—

(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Father's Day;

(2) inviting State and local governments and the people of the United States to observe Father's Day with appropriate ceremonies; and

(3) urging the people of the United States to offer public and private expressions of Father's Day to the abiding love and gratitude they have for their fathers.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
109(a) 36:142a (1st sentence). Apr. 24, 1972, Pub. L. 92–278, 86 Stat. 124.
109(b) 36:142a (last sentence).  

In subsection (b)(1), the word "appropriate" is omitted as unnecessary.

In subsection (b)(2), the words "State and local governments" are substituted for "the governments of the States and communities" for consistency in the revised title and with other titles of the United States Code.

§110. Flag Day

(a) Designation.—June 14 is Flag Day.

(b) Proclamation.—The President is requested to issue each year a proclamation—

(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Flag Day; and

(2) urging the people of the United States to observe Flag Day as the anniversary of the adoption on June 14, 1777, by the Continental Congress of the Stars and Stripes as the official flag of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
110(a) 36:157 (words before 1st comma). Aug. 3, 1949, ch. 385, 63 Stat. 492.
110(b) 36:157 (words after 1st comma).  

§111. Gold Star Mother's Day

(a) Designation.—The last Sunday in September is Gold Star Mother's Day.

(b) Proclamation.—The President is requested to issue a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings, and the people of the United States to display the flag and hold appropriate meetings at homes, churches, or other suitable places, on Gold Star Mother's Day as a public expression of the love, sorrow, and reverence of the people for Gold Star Mothers.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
111(a) 36:148 (words before comma). June 23, 1936, ch. 736, 49 Stat. 1895.
111(b) 36:147.

36:148 (words after comma).

 

In subsection (b), the text of 36:148 (words after comma) is omitted as unnecessary. The words "Gold Star Mother's Day" are substituted for "the last Sunday in September" in 36:147 for clarity. The word "American" is omitted as unnecessary.

§112. Honor America Days

(a) Designation.—The 21 days from Flag Day through Independence Day is a period to honor America.

(b) Congressional Declaration.—Congress declares that there be public gatherings and activities during that period at which the people of the United States can celebrate and honor their country in an appropriate way.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
112(a) 36:157b (words before comma). June 13, 1975, Pub. L. 94–33, 89 Stat. 211.
112(b) 36:157b (words after comma).  

§113. Law Day, U.S.A.

(a) Designation.—May 1 is Law Day, U.S.A.

(b) Purpose.—Law Day, U.S.A., is a special day of celebration by the people of the United States—

(1) in appreciation of their liberties and the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law in their relations with each other and with other countries; and

(2) for the cultivation of the respect for law that is so vital to the democratic way of life.


(c) Proclamation.—The President is requested to issue a proclamation—

(1) calling on all public officials to display the flag of the United States on all Government buildings on Law Day, U.S.A.; and

(2) inviting the people of the United States to observe Law Day, U.S.A., with appropriate ceremonies and in other appropriate ways, through public entities and private organizations and in schools and other suitable places.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
113(a) 36:164 (1st par. 1st sentence). Apr. 7, 1961, Pub. L. 87–20, 75 Stat. 43.
113(b) 36:164 (1st par. last sentence).  
113(c) 36:164 (last par.).  

In subsection (b)(1), the word "countries" is substituted for "nations" for consistency in the revised title and with other titles of the United States Code.

In subsection (c)(2), the word "entities" is substituted for "bodies" for consistency in the revised title and with other titles of the Code.

§114. Leif Erikson Day

The President may issue each year a proclamation designating October 9 as Leif Erikson Day.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
114 36:169c. Sept. 2, 1964, Pub. L. 88–566, 78 Stat. 849.

§115. Loyalty Day

(a) Designation.—May 1 is Loyalty Day.

(b) Purpose.—Loyalty Day is a special day for the reaffirmation of loyalty to the United States and for the recognition of the heritage of American freedom.

(c) Proclamation.—The President is requested to issue a proclamation—

(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Loyalty Day; and

(2) inviting the people of the United States to observe Loyalty Day with appropriate ceremonies in schools and other suitable places.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
115(a) 36:162 (1st–13th words). July 18, 1958, Pub. L. 85–529, 72 Stat. 369.
115(b) 36:162 (14th word–semicolon).  
115(c) 36:162 (words after semicolon).  

§116. Memorial Day

(a) Designation.—The last Monday in May is Memorial Day.

(b) Proclamation.—The President is requested to issue each year a proclamation—

(1) calling on the people of the United States to observe Memorial Day by praying, according to their individual religious faith, for permanent peace;

(2) designating a period of time on Memorial Day during which the people may unite in prayer for a permanent peace;

(3) calling on the people of the United States to unite in prayer at that time; and

(4) calling on the media to join in observing Memorial Day and the period of prayer.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
116 36:169g. May 11, 1950, ch. 182, 64 Stat. 158.

In subsection (a), the designation is added, and the words "last Monday in May" are substituted for "May 30" in the Act of May 11, 1950 (ch. 182, 64 Stat. 158), because of section 1(b) of the Act of June 28, 1968 (Public Law 90–363, 82 Stat. 250).

In subsection (b)(4), the word "media" is substituted for "newspapers, radio stations, and all other mediums of information" to eliminate unnecessary words.

National Moment of Remembrance

Pub. L. 106–579, Dec. 28, 2000, 114 Stat. 3078, as amended by Pub. L. 110–161, div. H, title I, §1502(e), Dec. 26, 2007, 121 Stat. 2250, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'National Moment of Remembrance Act'.

"SEC. 2. FINDINGS.

"Congress finds that—

"(1) it is essential to remember and renew the legacy of Memorial Day, which was established in 1868 to pay tribute to individuals who have made the ultimate sacrifice in service to the United States and their families;

"(2) greater strides must be made to demonstrate appreciation for those loyal people of the United States whose values, represented by their sacrifices, are critical to the future of the United States;

"(3) the Federal Government has a responsibility to raise awareness of and respect for the national heritage, and to encourage citizens to dedicate themselves to the values and principles for which those heroes of the United States died;

"(4) the relevance of Memorial Day must be made more apparent to present and future generations of people of the United States through local and national observances and ongoing activities;

"(5) in House Concurrent Resolution 302, agreed to May 25, 2000, Congress called on the people of the United States, in a symbolic act of unity, to observe a National Moment of Remembrance to honor the men and women of the United States who died in the pursuit of freedom and peace;

"(6) in Presidential Proclamation No. 7315 of May 26, 2000 (65 Fed. Reg. 34907), the President proclaimed Memorial Day, May 29, 2000, as a day of prayer for permanent peace, and designated 3:00 p.m. local time on that day as the time to join in prayer and to observe the National Moment of Remembrance; and

"(7) a National Moment of Remembrance and other commemorative events are needed to reclaim Memorial Day as the sacred and noble event that that day is intended to be.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Alliance.—The term 'Alliance' means the Remembrance Alliance established by section 9(a).

"(2) Commission.—The term 'Commission' means the White House Commission on the National Moment of Remembrance established by section 5(a).

"(3) Executive director and white house liaison.—The term 'Executive Director and White House Liaison' means the Executive Director and White House Liaison appointed under section 10(a)(1).

"(4) Memorial day.—The term 'Memorial Day' means the legal public holiday designated as Memorial Day by section 6103(a) of title 5, United States Code.

"(5) Tribal government.—The term 'tribal government' means the governing body of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

"SEC. 4. NATIONAL MOMENT OF REMEMBRANCE.

"The minute beginning at 3:00 p.m. (local time) on Memorial Day each year is designated as the 'National Moment of Remembrance'.

"SEC. 5. ESTABLISHMENT OF WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF REMEMBRANCE.

"(a) Establishment.—There is established a commission to be known as the 'White House Commission on the National Moment of Remembrance'.

"(b) Membership.—

"(1) Composition.—The Commission shall be composed of the following:

"(A) 4 members appointed by the President, including at least 1 representative of tribal governments.

"(B) The Secretary of Defense (or a designee).

"(C) The Secretary of Veterans Affairs (or a designee).

"(D) The Secretary of the Smithsonian Institution (or a designee).

"(E) The Director of the Office of Personnel Management (or a designee).

"(F) The Administrator of General Services (or a designee).

"(G) The Secretary of Transportation (or a designee).

"(H) The Secretary of Education (or a designee).

"(I) The Secretary of the Interior (or a designee).

"(J) The Executive Director of the President's Commission on White House Fellows (or a designee).

"(K) The Secretary of the Army (or a designee).

"(L) The Secretary of the Navy (or a designee).

"(M) The Secretary of the Air Force (or a designee).

"(N) The Commandant of the Marine Corps (or a designee).

"(O) The Commandant of the Coast Guard (or a designee).

"(P) The Executive Director and White House Liaison (or a designee).

"(Q) The Chief of Staff of the Army.

"(R) The Chief of Naval Operations.

"(S) The Chief of Staff of the Air Force.

"(T) Any other member, the appointment of whom the Commission determines is necessary to carry out this Act.

"(2) Nonvoting members.—The members appointed to the Commission under subparagraphs (K) through (T) of paragraph (1) shall be nonvoting members.

"(3) Date of appointments.—All appointments under paragraph (1) shall be made not later than 90 days after the date of enactment of this Act [Dec. 28, 2000].

"(c) Term; Vacancies.—

"(1) Term.—A member shall be appointed to the Commission for the life of the Commission.

"(2) Vacancies.—A vacancy on the Commission—

"(A) shall not affect the powers of the Commission; and

"(B) shall be filled in the same manner as the original appointment was made.

"(d) Initial Meeting.—Not later than 30 days after the date specified in subsection (b)(3) for completion of appointments, the Commission shall hold the initial meeting of the Commission.

"(e) Meetings.—The Commission shall meet at the call of the Chairperson.

"(f) Quorum.—A majority of the voting members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

"(g) Chairperson and Vice Chairperson.—The Commission shall select a Chairperson and a Vice Chairperson from among the members of the Commission at the initial meeting of the Commission.

"SEC. 6. DUTIES.

"(a) In General.—The Commission shall—

"(1) encourage the people of the United States to give something back to their country, which provides them so much freedom and opportunity;

"(2) encourage national, State, local, and tribal participation by individuals and entities in commemoration of Memorial Day and the National Moment of Remembrance, including participation by—

"(A) national humanitarian and patriotic organizations;

"(B) elementary, secondary, and higher education institutions;

"(C) veterans' societies and civic, patriotic, educational, sporting, artistic, cultural, and historical organizations;

"(D) Federal departments and agencies; and

"(E) museums, including cultural and historical museums; and

"(3) provide national coordination for commemorations in the United States of Memorial Day and the National Moment of Remembrance.

"(b) Reports.—

"(1) In general.—For each fiscal year in which the Commission is in existence, the Commission shall submit to the President and Congress a report describing the activities of the Commission during the fiscal year.

"(2) Contents.—A report under paragraph (1) may include—

"(A) recommendations regarding appropriate activities to commemorate Memorial Day and the National Moment of Remembrance, including—

"(i) the production, publication, and distribution of books, pamphlets, films, and other educational materials;

"(ii) bibliographical and documentary projects and publications;

"(iii) conferences, convocations, lectures, seminars, and other similar programs;

"(iv) the development of exhibits for libraries, museums, and other appropriate institutions;

"(v) ceremonies and celebrations commemorating specific events that relate to the history of wars of the United States; and

"(vi) competitions, commissions, and awards regarding historical, scholarly, artistic, literary, musical, and other works, programs, and projects related to commemoration of Memorial Day and the National Moment of Remembrance;

"(B) recommendations to appropriate agencies or advisory bodies regarding the issuance by the United States of commemorative coins, medals, and stamps relating to Memorial Day and the National Moment of Remembrance;

"(C) recommendations for any legislation or administrative action that the Commission determines to be appropriate regarding the commemoration of Memorial Day and the National Moment of Remembrance;

"(D) an accounting of funds received and expended by the Commission in the fiscal year covered by the report, including a detailed description of the source and amount of any funds donated to the Commission in that fiscal year; and

"(E) a description of cooperative agreements and contracts entered into by the Commission.

"SEC. 7. POWERS.

"(a) Hearings.—

"(1) In general.—The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act.

"(2) Public participation.—The Commission shall provide for reasonable public participation in matters before the Commission.

"(b) Information From Federal Agencies.—

"(1) In general.—The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act.

"(2) Provision of information.—On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission.

"(c) Postal Services.—The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.

"(d) Gifts.—The Commission may solicit, accept, use, and dispose of, without further Act of appropriation, gifts, bequests, devises, and donations of services or property.

"(e) Powers of Members and Agents.—Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this Act.

"(f) Authority To Procure and To Make Legal Agreements.—

"(1) In general.—Subject to the availability of appropriations, to carry out this Act, the Chairperson or Vice Chairperson of the Commission or the Executive Director and White House Liaison may, on behalf of the Commission—

"(A) procure supplies, services, and property; and

"(B) enter into contracts, leases, and other legal agreements.

"(2) Restrictions.—

"(A) Who may act on behalf of commission.—Except as provided in paragraph (1), nothing in this Act authorizes a member of the Commission to procure any item or enter into any agreement described in that paragraph.

"(B) Duration of legal agreements.—A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of termination of the Commission.

"(3) Supplies and property possessed by commission at termination.—Any supply, property, or other asset that is acquired by, and, on the date of termination of the Commission, remains in the possession of, the Commission shall be considered property of the General Services Administration.

"(g) Exclusive Right to Name, Logos, Emblems, Seals, and Marks.—

"(1) In general.—The Commission may devise any logo, emblem, seal, or other designating mark that the Commission determines—

"(A) to be required to carry out the duties of the Commission; or

"(B) to be appropriate for use in connection with the commemoration of Memorial Day or the National Moment of Remembrance.

"(2) Licensing.—

"(A) In general.—The Commission—

"(i) shall have the sole and exclusive right to use the name 'White House Commission on the National Moment of Remembrance' on any logo, emblem, seal, or descriptive or designating mark that the Commission lawfully adopts; and

"(ii) shall have the sole and exclusive right to allow or refuse the use by any other entity of the name 'White House Commission on the National Moment of Remembrance' on any logo, emblem, seal, or descriptive or designating mark.

"(B) Transfer on termination.—Unless otherwise provided by law, all rights of the Commission under subparagraph (A) shall be transferred to the Administrator of General Services on the date of termination of the Commission.

"(3) Effect on other rights.—Nothing in this subsection affects any right established or vested before the date of enactment of this Act [Dec. 28, 2000].

"(4) Use of funds.—The Commission may, without further Act of appropriation, use funds received from licensing royalties under this section to carry out this Act.

"SEC. 8. COMMISSION PERSONNEL MATTERS.

"(a) Compensation of Members.—

"(1) Non-federal employees.—A member of the Commission who is not an officer or employee of the Federal Government may be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.

"(2) Federal employees.—A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.

"(b) Travel Expenses.—A member of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

"(c) Staff.—

"(1) In general.—The Chairperson of the Commission or the Executive Director and White House Liaison may, without regard to the civil service laws (including regulations), appoint and terminate such additional personnel as are necessary to enable the Commission to perform the duties of the Commission.

"(2) Compensation.—

"(A) In general.—Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the Executive Director and White House Liaison and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.

"(B) Maximum rate of pay.—The rate of pay for the Executive Director and White House Liaison and other personnel shall not exceed the rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.

"(d) Detail of Federal Government Employees.—

"(1) In general.—In addition to the details under paragraph (2), on request of the Chairperson, the Vice Chairperson, or the Executive Director and White House Liaison, an employee of the Federal Government may be detailed to the Commission without reimbursement.

"(2) Detail of specific employees.—

"(A) Military details.—

"(i) Army; air force.—The Secretary of the Army and the Secretary of the Air Force shall each detail a commissioned officer above the grade of captain to assist the Commission in carrying out this Act.

"(ii) Navy.—The Secretary of the Navy shall detail a commissioned officer of the Navy above the grade of lieutenant and a commissioned officer of the Marine Corps above the grade of captain to assist the Commission in carrying out this Act.

"(B) Veterans affairs; education.—The Secretary of Veterans Affairs and the Secretary of Education shall each detail an officer or employee compensated above the level of GS–12 in accordance with subchapter III of chapter 53 of title 5, United States Code to assist the Commission in carrying out this Act.

"(3) Civil service status.—The detail of any officer or employee under this subsection shall be without interruption or loss of civil service status or privilege.

"(e) Procurement of Temporary and Intermittent Services.—The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.

"(f) Cooperative Agreements.—

"(1) In general.—The Commission may enter into a cooperative agreement with another entity, including any Federal agency, State or local government, or private entity, under which the entity may assist the Commission in—

"(A) carrying out the duties of the Commission under this Act; and

"(B) contributing to public awareness of and interest in Memorial Day and the National Moment of Remembrance.

"(2) Administrative support services.—On the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, any administrative support services and any property, equipment, or office space that the Commission determines to be necessary to carry out this Act.

"(g) Support From Nonprofit Sector.—The Commission may accept program support from nonprofit organizations.

"SEC. 9. REMEMBRANCE ALLIANCE.

"(a) Establishment.—There is established the Remembrance Alliance.

"(b) Composition.—

"(1) Members.—The Alliance shall be composed of individuals, appointed by the Commission, that are representatives or members of—

"(A) the print, broadcast, or other media industry;

"(B) the national sports community;

"(C) the recreation industry;

"(D) the entertainment industry;

"(E) the retail industry;

"(F) the food industry;

"(G) the health care industry;

"(H) the transportation industry;

"(I) the education community;

"(J) national veterans organizations; and

"(K) families that have lost loved ones in combat.

"(2) Honorary members.—On recommendation of the Alliance, the Commission may appoint honorary, nonvoting members to the Alliance.

"(3) Vacancies.—Any vacancy in the membership of the Alliance shall be filled in the same manner in which the original appointment was made.

"(4) Meetings.—The Alliance shall conduct meetings in accordance with procedures approved by the Commission.

"(c) Term.—The Commission may fix the term of appointment for members of the Alliance.

"(d) Duties.—The Alliance shall assist the Commission in carrying out this Act by—

"(1) planning, organizing, and implementing an annual White House Conference on the National Moment of Remembrance and other similar events;

"(2) promoting the observance of Memorial Day and the National Moment of Remembrance through appropriate means, subject to any guidelines developed by the Commission;

"(3) establishing necessary incentives for Federal, State, and local governments and private sector entities to sponsor and participate in programs initiated by the Commission or the Alliance;

"(4) evaluating the effectiveness of efforts by the Commission and the Alliance in carrying out this Act; and

"(5) carrying out such other duties as are assigned by the Commission.

"(e) Alliance Personnel Matters.—

"(1) Compensation of members.—A member of the Alliance shall serve without compensation for the services of the member to the Alliance.

"(2) Travel expenses.—A member of the Alliance may be allowed reimbursement for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

"(f) Termination.—The Alliance shall terminate on the date of termination of the Commission.

"SEC. 10. EXECUTIVE DIRECTOR AND WHITE HOUSE LIAISON.

"(a) Appointment.—

"(1) In general.—The Director of the Committee Management Secretariat Staff of the General Services Administration shall appoint an individual as Executive Director and White House Liaison.

"(2) Inapplicability of certain civil service laws.—The Executive Director and White House Liaison may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.

"(b) Duties.—The Executive Director and White House Liaison shall—

"(1) serve as a liaison between the Commission and the President;

"(2) serve as chief of staff of the Commission; and

"(3) coordinate the efforts of the Commission and the President on all matters relating to this Act, including matters relating to the National Moment of Remembrance.

"(c) Compensation.—The Executive Director and White House Liaison may be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the Executive Director and White House Liaison is engaged in the performance of the duties of the Commission.

"[SEC. 11. Repealed. Pub. L. 110–161, div. H, title I, §1502(e), Dec. 26, 2007, 121 Stat. 2250.]

"SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated to carry out this Act, to remain available until expended—

"(1) $500,000 for fiscal year 2001; and

"(2) $250,000 for each of fiscal years 2002 through 2009.

"SEC. 13. TERMINATION.

"The Commission shall terminate on the earlier of—

"(1) a date specified by the President that is at least 2 years after the date of enactment of this Act [Dec. 28, 2000]; or

"(2) the date that is 10 years after the date of enactment of this Act."

[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]

§117. Mother's Day

(a) Designation.—The second Sunday in May is Mother's Day.

(b) Proclamation.—The President is requested to issue a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings, and on the people of the United States to display the flag at their homes or other suitable places, on Mother's Day as a public expression of love and reverence for the mothers of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
117(a) 36:142 (words before comma). May 8, 1914, Pub. R. 25, 38 Stat. 770.
117(b) 36:141.

36:142 (words after comma).

In subsection (b), the text of 36:142 (words after comma) is omitted as unnecessary.

§118. National Aviation Day

The President may issue each year a proclamation—

(1) designating August 19 as National Aviation Day;

(2) calling on United States Government officials to display the flag of the United States on all Government buildings on National Aviation Day; and

(3) inviting the people of the United States to observe National Aviation Day with appropriate exercises to further stimulate interest in aviation in the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
118 36:151. May 11, 1939, ch. 123, 53 Stat. 739.

§119. National Day of Prayer

The President shall issue each year a proclamation designating the first Thursday in May as a National Day of Prayer on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
119 36:169h. Apr. 17, 1952, ch. 216, 66 Stat. 64; May 5, 1988, Pub. L. 100–307, 102 Stat. 456.

§120. National Defense Transportation Day

The President is requested to issue each year a proclamation—

(1) designating the third Friday in May as National Defense Transportation Day; and

(2) urging the people of the United States, including labor, management, users, and investors, in all communities served by the various forms of transportation to observe National Defense Transportation Day by appropriate ceremonies that will give complete recognition to the importance to each community and its people of the transportation system of the United States and the maintenance of the facilities of the system in the most modern state of adequacy to serve the needs of the United States in times of peace and in national defense.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
120 36:160. May 16, 1957, Pub. L. 85–32, 71 Stat. 30.

In clause (2), the words "any of", "by land, by sea, and by air", and "and every" are omitted as unnecessary.

§121. National Disability Employment Awareness Month

(a) Designation.—October is National Disability Employment Awareness Month.

(b) Ceremonies.—Appropriate ceremonies shall be held throughout the United States during National Disability Employment Awareness Month to enlist public support for, and interest in, the employment of workers with disabilities who are otherwise qualified. Governors, mayors, heads of other governmental entities, and interested organizations and individuals are invited to participate in the ceremonies.

(c) Proclamation.—The President is requested to issue each year a suitable proclamation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
121(a) 36:155 (1st par. 1st sentence). Aug. 11, 1945, ch. 363, 59 Stat. 530; Oct. 8, 1970, Pub. L. 91–442, 84 Stat. 914; Nov. 7, 1988, Pub. L. 100–630, title III, §301(a), 102 Stat. 3315.
121(b) 36:155 (1st par. last sentence).

36:155 (last par. words after 1st comma).

121(c) 36:155 (last par. words before 1st comma).  

In subsection (b), the words "of States" and "of cities" are omitted as unnecessary. The words "governmental entities" are substituted for "instrumentalities of government" for consistency in the revised title and with other titles of the United States Code. The words "as well as leaders of industry, educational and religious groups, labor, veterans, women, farm, scientific and professional, and all other" are omitted as unnecessary.

§122. National Flag Week

The President is requested to issue each year a proclamation—

(1) designating the week in which June 14 falls as National Flag Week; and

(2) calling on citizens to display the flag of the United States during National Flag Week.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
122 36:157a. June 9, 1966, Pub. L. 89–443, 80 Stat. 194.

§123. National Forest Products Week

(a) Designation.—The week beginning on the third Sunday in October is National Forest Products Week.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on the people of the United States to observe National Forest Products Week with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
123(a) 36:163 (words before comma). Sept. 13, 1960, Pub. L. 86–753, 74 Stat. 898.
123(b) 36:163 (words after comma).  

Proc. No. 8442. National Forest Products Week

Proc. No. 8442, Oct. 23, 2009, 74 F.R. 55437, provided:

America's forests have helped spur the growth and development that has been indispensable to our Nation's success. They have provided timber and water, as well as habitat for wildlife and opportunities for recreational activities. As a repository for renewable natural resources, forests have supplied the raw materials that have sustained us throughout our history. During National Forest Products Week, we recognize the value of our woodlands and commit ourselves to good stewardship and conservation practices that help us to responsibly manage our Nation's forests.

As a renewable and recyclable resource, wood is one of our Nation's most environmentally friendly building materials. Wood fiber is used throughout our daily lives, from the paper we write on to the offices where we work. We value the beauty of wood in our furniture, in our homes, and in artwork that surrounds us. Today, modern technology and stewardship practices by Federal, State, tribal, and private landowners have improved the way we manage our natural resources so that forests can meet the needs of current and future generations.

Forests are one of the foundations on which our Nation was formed; they are the backbone of our environment. This week, we recognize the value of forest products and the importance of their sustainable use to our lives.

To recognize the importance of products from our forests, the Congress, by Public Law 86–753 (36 U.S.C. 123), as amended, has designated the week beginning on the third Sunday in October of each year as National Forest Products Week and has authorized and requested the President to issue a proclamation in observance of this week.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim the week beginning on the third Sunday in October of each year as National Forest Products Week. I call on all Americans to celebrate the varied uses and products of our forested lands, as well as the people who carry on the tradition of careful stewardship of these precious natural resources for generations to come.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of October, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-fourth.

Barack Obama.      

§124. National Freedom Day

The President may issue each year a proclamation designating February 1 as National Freedom Day to commemorate the signing by Abraham Lincoln on February 1, 1865, of the joint resolution adopted by the Senate and the House of Representatives that proposed the 13th amendment to the Constitution.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
124 36:156. June 30, 1948, ch. 755, 62 Stat. 1150.

§125. National Grandparents Day

The President is requested to issue each year a proclamation—

(1) designating the first Sunday in September after Labor Day as National Grandparents Day; and

(2) calling on the people of the United States and interested groups and organizations to observe National Grandparents Day with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
125 36:142b. Sept. 6, 1979, Pub. L. 96–62, 93 Stat. 410.

§126. National Hispanic Heritage Month

The President is requested to issue each year a proclamation—

(1) designating September 15 through October 15 as National Hispanic Heritage Month; and

(2) calling on the people of the United States, especially the educational community, to observe National Hispanic Heritage Month with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
126 36:169f. Sept. 17, 1968, Pub. L. 90–498, 82 Stat. 848; Aug. 17, 1988, Pub. L. 100–402, §1, 102 Stat. 1012.

§127. National Korean War Veterans Armistice Day

(a) Designation.—July 27 of each year until 2003 is National Korean War Veterans Armistice Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) the people of the United States to observe National Korean War Veterans Armistice Day with appropriate ceremonies and activities; and

(2) all departments, agencies, and instrumentalities of the United States Government, and interested organizations, groups, and individuals, to fly the flag of the United States at halfstaff on July 27 of each year until 2003 in honor of the individuals who died as a result of their service in Korea.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
127(a) 36:169m (words before "and the President"). July 27, 1995, Pub. L. 104–19, title II, §2005, 109 Stat. 247.
127(b) 36:169m (words after "Armistice Day' ").  

In subsection (b)(2), the words "departments, agencies, and instrumentalities" are substituted for "departments and agencies of the United States" for consistency in the revised title and with other titles of the United States Code.

§128. National Maritime Day

(a) Designation.—May 22 is National Maritime Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) the people of the United States to observe National Maritime Day by displaying the flag of the United States at their homes or other suitable places; and

(2) United States Government officials to display the flag on all Government buildings on National Maritime Day.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
128(a) 36:145 (words before comma). May 20, 1933, ch. 36, 48 Stat. 73.
128(b) 36:145 (words after comma).  

§129. National Pearl Harbor Remembrance Day

(a) Designation.—December 7 is National Pearl Harbor Remembrance Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) the people of the United States to observe National Pearl Harbor Remembrance Day with appropriate ceremonies and activities; and

(2) all departments, agencies, and instrumentalities of the United States Government, and interested organizations, groups, and individuals, to fly the flag of the United States at halfstaff each December 7 in honor of the individuals who died as a result of their service at Pearl Harbor.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
129(a) 36:169l (words before "and the President"). Aug. 23, 1994, Pub. L. 103–308, 108 Stat. 1669.
129(b) 36:169l (words after "Remembrance Day' ").  

In subsection (b)(2), the words "departments, agencies, and instrumentalities of the United States Government" are substituted for "Federal agencies" for consistency in the revised title and with other titles of the United States Code.

§130. National Poison Prevention Week

The President is requested to issue each year a proclamation designating the third week in March as National Poison Prevention Week to aid in encouraging the people of the United States to learn of the dangers of accidental poisoning and to take preventive measures that are warranted by the seriousness of the danger.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130 36:165. Sept. 26, 1961, Pub. L. 87–319, 75 Stat. 681.

Proc. No. 8484. National Poison Prevention Week

Proc. No. 8484, Mar. 15, 2010, 75 F.R. 13215, provided:

Since 1962, during National Poison Prevention Week we alert American families about the dangers of accidental poisonings and provide information on safety measures that can prevent senseless injuries and deaths. With nearly two million poison exposures reported each year, we must take every precaution to guard against these preventable tragedies.

Sadly, more than half of all reported poisonings involve children under the age of six, and the vast majority take place in the home. Parents should keep household chemicals and medicines in child-proof containers, beyond the reach of their children. Thanks to safety regulations and awareness campaigns like National Poison Prevention Week, childhood death rates from unintentional poisonings have fallen considerably. However, adult death rates have steadily risen in recent years.

We must each remember to read labels thoroughly before taking medications, to keep medicines in their original packaging, and to dispose of them properly. Consulting a physician before combining prescription drugs or using them with alcohol also reduces our risks.

In the event of an accidental poisoning, crucial information and immediate action can save lives. Individuals can call the toll-free national poison control hotline at 1–800–222–1222 to be connected to one of dozens of local poison control centers, which are open 24 hours every day. These centers provide emergency assistance, offer guidance on poison prevention, and answer questions concerning potential exposure.

To encourage Americans to learn more about the dangers of accidental poisonings and to take appropriate preventive measures, the Congress, by joint resolution approved September 26, 1961, as amended (75 Stat. 681), has authorized and requested the President to issue a proclamation designating the third week of March each year as "National Poison Prevention Week."

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim the third week of March of each year as National Poison Prevention Week. I call upon all Americans to observe this week by taking actions to protect their families from hazardous household materials and from the misuse of prescription medications.

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of March, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fourth.

Barack Obama.      

§131. National Safe Boating Week

The President is requested to issue each year a proclamation designating the 7-day period ending on the last Friday before Memorial Day as National Safe Boating Week.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
131 36:161. June 4, 1958, Pub. L. 85–445, 72 Stat. 179; Oct. 3, 1980, Pub. L. 96–376, §9, 94 Stat. 1510; Dec. 20, 1993, Pub. L. 103–236, title III, §318(a), 107 Stat. 2427.

§132. National School Lunch Week

(a) Designation.—The week beginning on the second Sunday in October is National School Lunch Week.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on the people of the United States to observe National School Lunch Week with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
132(a) 36:168 (words before comma). Oct. 9, 1962, Pub. L. 87–780, 76 Stat. 779.
132(b) 36:168 (words after comma).  

§133. National Transportation Week

The President is requested to issue each year a proclamation—

(1) designating the week that includes the third Friday of May as National Transportation Week; and

(2) inviting the people of the United States to observe National Transportation Week with appropriate ceremonies and activities as a tribute to the men and women who, night and day, move goods and individuals throughout the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
133 36:166. May 14, 1962, Pub. L. 87–449, 76 Stat. 69.

§134. Pan American Aviation Day

The President may issue each year a proclamation—

(1) designating December 17 as Pan American Aviation Day; and

(2) calling on all officials of the United States Government, the chief executive offices of the States, territories, and possessions of the United States, and all citizens to participate in the observance of Pan American Aviation Day to further, and stimulate interest in, aviation in the American countries as an important stimulus to the further development of more rapid communications and a cultural development between the countries of the Western Hemisphere.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
134 36:151a. Oct. 10, 1940, ch. 840, 54 Stat. 1093.

In clause (2), the words "chief executive officers of the States, territories, and possessions of the United States" are substituted for "Governors of the fifty States, our possessions", and the word "countries" is substituted for "nations", for consistency in the revised title and with other titles of the United States Code.

§135. Parents' Day

(a) Designation.—The fourth Sunday in July is Parents' Day.

(b) Recognition.—All private citizens, organizations, and Federal, State, and local governmental and legislative entities are encouraged to recognize Parents' Day through proclamations, activities, and educational efforts in furtherance of recognizing, uplifting, and supporting the role of parents in bringing up their children.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
135(a) 36:142c. Oct. 14, 1994, Pub. L. 103–362, 108 Stat. 3465.
135(b) 36:142c–1.  

In subsection (b), the word "entities" is substituted for "bodies" for consistency in the revised title and with other titles of the United States Code.

§136. Peace Officers Memorial Day

The President is requested to issue each year a proclamation—

(1) designating May 15 as Peace Officers Memorial Day in honor of Federal, State, and local officers killed or disabled in the line of duty;

(2) directing United States Government officials to display the flag of the United States at halfstaff on all Government buildings on Peace Officers Memorial Day, as provided by section 7(m) of title 4, United States Code; and

(3) inviting State and local governments and the people of the United States to observe Peace Officers Memorial Day with appropriate ceremonies and activities, including the display of the flag at halfstaff.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
136 36:167(1), (2), (4) (related to Peace Officers Memorial Day). Oct. 1, 1962, Pub. L. 87–726, cls. (1), (2), (4) (related to Peace Officers Memorial Day), 76 Stat. 676; Sept. 13, 1994, Pub. L. 103–322, title XXXII, §320922(a)(2)–(4), 108 Stat. 2131.

In clause (2), the reference to section 7(m) of title 4 is substituted for the reference to section 175(m) of title 36 because the latter provision is being restated in title 4. See section 2 of the bill.

§137. Police Week

The President is requested to issue each year a proclamation—

(1) designating the week in which May 15 occurs as Police Week in recognition of the service given by men and women who stand guard to protect the people of the United States through law enforcement; and

(2) inviting State and local governments and the people of the United States to observe Police Week with appropriate ceremonies and activities, including the display of the flag at halfstaff.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
137 36:167(3), (4) (related to Police Week). Oct. 1, 1962, Pub. L. 87–726, cls. (3), (4) (related to Police Week), 76 Stat. 676; Sept. 13, 1994, Pub. L. 103–322, title XXXII, §320922(a)(1), (3), (4), 108 Stat. 2131.

In clause (1), the words "night and day" and "in our midst" are omitted as unnecessary.

§138. Save Your Vision Week

The President is requested to issue each year a proclamation—

(1) designating the first week in March as Save Your Vision Week;

(2) inviting the governors and mayors of State and local governments to issue proclamations designating the first week in March as Save Your Vision Week;

(3) inviting the communications media, health care professions, and other agencies and individuals concerned with programs for the improvement of vision to unite during Save Your Vision Week in public activities to convince the people of the United States of the importance of vision to their welfare and the welfare of the United States; and

(4) urging the media, health care professions, and other agencies and individuals to support programs to improve and protect the vision of the people of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
138 36:169a. Dec. 30, 1963, Pub. L. 88–242, 77 Stat. 629.

In clause (3), the words "consider including in such proclamation" and "press, radio, television, and other" are omitted as unnecessary.

§139. Steelmark Month

(a) Designation.—May is Steelmark Month.

(b) Purpose.—Steelmark Month recognizes the tremendous contribution made by the steel industry in the United States to national security and defense.

(c) Proclamation.—The President is requested to issue a proclamation calling on the people of the United States to observe Steelmark Month with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
139(a) 36:169e (1st sentence 1st–13th words). Nov. 2, 1966, Pub. L. 89–703, 80 Stat. 1099.
139(b) 36:169e (1st sentence 14th–last words).  
139(c) 36:169e (last sentence).  

In subsection (c), the word "activities" is substituted for "proceedings" for consistency in this chapter.

§140. Stephen Foster Memorial Day

The President may issue each year a proclamation—

(1) designating January 13 as Stephen Foster Memorial Day; and

(2) calling on the people of the United States to observe Stephen Foster Memorial Day with appropriate ceremonies, pilgrimages to his shrines, and musical programs featuring his compositions.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
140 36:158. Oct. 27, 1951, ch. 593, 65 Stat. 659.

§141. Thomas Jefferson's birthday

The President shall issue each year a proclamation—

(1) calling on officials of the United States Government to display the flag of the United States on all Government buildings on April 13; and

(2) inviting the people of the United States to observe April 13 in schools and churches, or other suitable places, with appropriate ceremonies in commemoration of Thomas Jefferson's birthday.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
141 36:149. Aug. 16, 1937, ch. 666, 50 Stat. 668.

§142. White Cane Safety Day

The President may issue each year a proclamation—

(1) designating October 15 as White Cane Safety Day; and

(2) calling on the people of the United States to observe White Cane Safety Day with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
142 36:169d. Oct. 6, 1964, Pub. L. 88–628, 78 Stat. 1003.

§143. Wright Brothers Day

(a) Designation.—December 17 is Wright Brothers Day.

(b) Purpose.—Wright Brothers Day commemorates the first successful flights in a heavier than air, mechanically propelled airplane, that were made by Orville and Wilbur Wright on December 17, 1903, near Kitty Hawk, North Carolina.

(c) Proclamation.—The President is requested to issue each year a proclamation inviting the people of the United States to observe Wright Brothers Day with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
143(a) 36:169 (1st sentence words before 1st comma). Dec. 17, 1963, Pub. L. 88–209, 77 Stat. 402.
143(b) 36:169 (1st sentence words after 1st comma).  
143(c) 36:169 (last sentence).  

Centennial of Flight Commemoration Act

Pub. L. 105–389, Nov. 13, 1998, 112 Stat. 3486, as amended by Pub. L. 106–68, §1, Oct. 6, 1999, 113 Stat. 981, known as the Centennial of Flight Commemoration Act, established the Centennial of Flight Commission to carry out certain activities related to the history of aviation and the commemoration of the centennial of powered flight, required the Commission to make annual reports and a final report not later than June 30, 2004, and provided that the Commission terminate not later than 60 days after submission of the final report.

§144. Patriot Day

(a) Designation.—September 11 is Patriot Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) State and local governments and the people of the United States to observe Patriot Day with appropriate programs and activities;

(2) all departments, agencies, and instrumentalities of the United States and interested organizations and individuals to display the flag of the United States at halfstaff on Patriot Day in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States that occurred on September 11, 2001; and

(3) the people of the United States to observe a moment of silence on Patriot Day in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States that occurred on September 11, 2001.

(Added Pub. L. 107–89, §1, Dec. 18, 2001, 115 Stat. 876.)

CHAPTER 3—NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, MARCH, AND TREE

Sec.
301.
National anthem.
302.
National motto.
303.
National floral emblem.
304.
National march.
305.
National tree.

        

Amendments

2014—Pub. L. 113–237, §3(c)(1), Dec. 18, 2014, 128 Stat. 2840, substituted "FLORAL EMBLEM, MARCH" for "FLORAL EMBLEM MARCH" in chapter heading.

2004—Pub. L. 108–447, div. J, title I, §109(b)(2), (3), Dec. 8, 2004, 118 Stat. 3344, substituted "MARCH, AND TREE" for ", AND MARCH" in chapter heading and added item 305.

§301. National anthem

(a) Designation.—The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.

(b) Conduct During Playing.—During a rendition of the national anthem—

(1) when the flag is displayed—

(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;

(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and

(C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and


(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 110–417, [div. A], title V, §595, Oct. 14, 2008, 122 Stat. 4475.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
301(a) 36:170. Mar. 3, 1931, ch. 436, 46 Stat. 1508.
301(b) 36:171. June 22, 1942, ch. 435, §6, 56 Stat. 380; Dec. 22, 1942, ch. 806, §6, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, §1(18), 90 Stat. 812.

Amendments

2008—Subsec. (b)(1)(A) to (C). Pub. L. 110–417 added subpars. (A) to (C) and struck out former subpars. (A) to (C) which read as follows:

"(A) all present except those in uniform should stand at attention facing the flag with the right hand over the heart;

"(B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and

"(C) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; and".

§302. National motto

"In God we trust" is the national motto.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 107–293, §3(a), Nov. 13, 2002, 116 Stat. 2060.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
302 36:186. July 30, 1956, ch. 795, 70 Stat. 732.

Amendments

2002—Pub. L. 107–293 reenacted section catchline and text without change.

Reaffirmation of Language

Pub. L. 107–293, §3(b), Nov. 13, 2002, 116 Stat. 2061, provided that: "In codifying this subsection [probably should be "section", meaning section 3 of Pub. L. 107–293, which amended this section], the Office of the Law Revision Counsel shall make no change in section 302, title 36, United States Code, but shall show in the historical and statutory notes that the 107th Congress reaffirmed the exact language that has appeared in the Motto for decades."

§303. National floral emblem

The flower commonly known as the rose is the national floral emblem.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
303 36:187. Oct. 7, 1986, Pub. L. 99–449, 100 Stat. 1128.

The text of 36:187 (words after comma) is omitted as executed because the proclamation was made on November 20, 1986. See Proclamation No. 5574, 51 Fed. Reg. 42197.

Proc. No. 5574. The Rose Proclaimed the National Floral Emblem of the United States of America

Proc. No. 5574, Nov. 20, 1986, 51 F.R. 42197, provided:

Americans have always loved the flowers with which God decorates our land. More often than any other flower, we hold the rose dear as the symbol of life and love and devotion, of beauty and eternity. For the love of man and woman, for the love of mankind and God, for the love of country, Americans who would speak the language of the heart do so with a rose.

We see proofs of this everywhere. The study of fossils reveals that the rose has existed in America for age upon age. We have always cultivated roses in our gardens. Our first President, George Washington, bred roses, and a variety he named after his mother is still grown today. The White House itself boasts a beautiful Rose Garden. We grow roses in all our fifty States. We find roses throughout our art, music, and literature. We decorate our celebrations and parades with roses. Most of all, we present roses to those we love, and we lavish them on our altars, our civil shrines, and the final resting places of our honored dead.

The American people have long held a special place in their hearts for roses. Let us continue to cherish them, to honor the love and devotion they represent, and to bestow them on all we love just as God has bestowed them on us.

The Congress, by Senate Joint Resolution 159 [Pub. L. 99–449, now this section], has designated the rose as the National Floral Emblem of the United States and authorized and requested the President to issue a proclamation declaring this fact.

NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, do hereby proclaim the rose as the National Floral Emblem of the United States of America.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of November, in the year of our Lord nineteen hundred and eighty-six, and of the Independence of the United States of America the two hundred and eleventh.

Ronald Reagan.      

§304. National march

The composition by John Philip Sousa entitled "The Stars and Stripes Forever" is the national march.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
304 36:188. Dec. 11, 1987, Pub. L. 100–186, 101 Stat. 1286.

§305. National tree

The tree genus Quercus, commonly known as the oak tree, is the national tree.

(Added Pub. L. 108–447, div. J, title I, §109(a), Dec. 8, 2004, 118 Stat. 3344.)

CHAPTER 5—PRESIDENTIAL INAUGURAL CEREMONIES

Sec.
501.
Definitions.
502.
Regulations, licenses, and registration tags.
503.
Use of reservations, grounds, and public spaces.
504.
Installation and removal of electrical facilities.
505.
Extension of wires along parade routes.
506.
Duration of regulations and licenses and publication of regulations.
507.
Application to other property.
508.
Enforcement.
509.
Penalty.
510.
Disclosure of and prohibition on certain donations.
511.
Authorization of appropriations.

        

Amendments

2006—Pub. L. 109–284, §5(1), (2), Sept. 27, 2006, 120 Stat. 1211, added item 510 and redesignated former item 510 as 511.

§501. Definitions

For purposes of this chapter—

(1) "Inaugural Committee" means the committee appointed by the President-elect to be in charge of the Presidential inaugural ceremony and functions and activities connected with the ceremony; and

(2) "inaugural period" means the period that includes the day on which the Presidential inaugural ceremony is held, the 5 calendar days immediately preceding that day, and the 4 calendar days immediately following that day.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
501 36:721(b). Aug. 6, 1956, ch. 974, §1(b), 70 Stat. 1049.
  36:730. Aug. 6, 1956, ch. 974, §10, as added Jan. 30, 1968, Pub. L. 90–251, §4, 82 Stat. 4.

In this chapter, the word "Mayor" is substituted for "Commissioners" in the Presidential Inaugural Ceremonies Act (ch. 974, 70 Stat. 1049) [subsequently changed to "Commissioner" in 36:ch. 30 because section 401 of Reorganization Plan No. 3 of 1967 (5 App. U.S.C.) transferred the functions of the Board of Commissioners of the District of Columbia to the Commissioner of the District of Columbia and because of 36:730] because of sections 421 and 711 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 789, 818), which abolished the office of Commissioner of the District of Columbia and replaced it with the office of Mayor of the District of Columbia.

In this section, the text of 36:721(b)(3)–(5) is omitted because the complete names of the Mayor of the District of Columbia and the Secretaries of Defense and of the Interior are used the first time the terms appear in a section.

§502. Regulations, licenses, and registration tags

(a) Regulations and Licenses.—For each inaugural period, the Council of the District of Columbia shall—

(1) prescribe reasonable regulations necessary to preserve public order and protect life, health, and property;

(2) prescribe special regulations related to the standing, movement, and operation of vehicles; and

(3) grant special licenses to peddlers and vendors to sell merchandise in places the Council considers proper, subject to conditions and fees for the licenses the Council considers proper.


(b) Registration Tags.—The Mayor of the District of Columbia may issue, for any motor vehicle made available for the use of the Inaugural Committee, special registration tags, valid for not more than 90 days, designed to celebrate the inauguration of the President and Vice President.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1264.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
502(a) 36:722(a). Aug. 6, 1956, ch. 974, §2, 70 Stat. 1049; Jan. 30, 1968, Pub. L. 90–251, §1, 82 Stat. 4.
502(b) 36:722(b).

36:730.

 

Aug. 6, 1956, ch. 974, §10, as added Jan. 30, 1968, Pub. L. 90–251, §4, 82 Stat. 4.

In this chapter, the words "Council of the District of Columbia" are substituted for "District of Columbia Council" because of sections 401 and 711 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 785, 818).

In subsection (a)(2), the words "of whatever character or kind during such period" are omitted as unnecessary.

In subsection (a)(3), the words "the privilege of", "goods, wares, and", and "in the District of Columbia" are omitted as unnecessary.

In subsection (b), the words "both duly registered . . . and unregistered", "a period", and "the occasion of" are omitted as unnecessary.

§503. Use of reservations, grounds, and public spaces

(a) Permit for Use.—With the approval of the officer having jurisdiction over any of the Federal reservations or grounds in the District of Columbia, the Secretary of the Interior may grant to the Inaugural Committee a permit to use the reservations or grounds during the inaugural period, including a reasonable time before and after the inaugural period. The Mayor of the District of Columbia may grant a similar permit to use public space under the Mayor's jurisdiction. Each permit granted under this subsection is subject to conditions the grantor of the permit prescribes.

(b) Reviewing Stands and Commercial Stands and Structures.—A reviewing stand or a stand or structure for the sale of merchandise, food, or drink may be built on public grounds in the District of Columbia only if approved by the Inaugural Committee and by the Secretary or the Mayor, as appropriate.

(c) Restoration After Inaugural Period.—After the inaugural period, the reservation, ground, or public space occupied by a stand or structure shall be restored promptly to its prior condition.

(d) Indemnification.—The Inaugural Committee shall indemnify and save harmless the District of Columbia and the appropriate department, agency, or instrumentality of the United States Government against any loss or damage to, and against any liability arising from the use of, the reservation, ground, or public space, by the Inaugural Committee or a licensee of the Inaugural Committee.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1264.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
503(a) 36:724 (1st, 2d sentences). Aug. 6, 1956, ch. 974, §4, 70 Stat. 1049.
  36:730. Aug. 6, 1956, ch. 974, §10, as added Jan. 30, 1968, Pub. L. 90–251, §4, 82 Stat. 4.
503(b) 36:724 (3d sentence).

36:730.

503(c) 36:724 (4th sentence).  
503(d) 36:724 (last sentence).  

In subsection (a), the words "restrictions, terms, and" are omitted as unnecessary. The word "prescribes" is substituted for "imposed" for consistency in the revised title and with other titles of the United States Code.

In subsection (b), the words "With respect to public space", "goods, wares", "sidewalk, street, park, reservation, or other", and "depending on the location of such stand or structure" are omitted as unnecessary.

In subsection (d), the words "department, agency, or instrumentality" are substituted for "agency" for consistency in the revised title and with other titles of the United States Code. The words "or agencies" are omitted because of 1:1.

§504. Installation and removal of electrical facilities

(a) Installation.—The Mayor of the District of Columbia may allow the Inaugural Committee to install suitable overhead conductors and electrical facilities, with adequate supports. The official in charge of a park or reservation in the District of Columbia in which it is necessary to place wires shall supervise the placing and removal of those wires.

(b) Removal.—The conductors and supports shall be removed not later than 5 days after the end of the inaugural period.

(c) Indemnification.—The United States Government and the District of Columbia may not incur any expense or damage from the installation, operation, or removal of a temporary overhead conductor or electrical facility. The Inaugural Committee shall indemnify and hold harmless the District of Columbia and the appropriate department, agency, or instrumentality of the Government against any loss or damage, and against any liability arising, from any act of the Inaugural Committee or any agent, licensee, servant, or employee of the Inaugural Committee in connection with the installation, operation, or removal of a temporary overhead conductor or electrical facility.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1264.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
504(a) 36:725 (1st, 2d sentences). Aug. 6, 1956, ch. 974, §5 (1st–3d, last sentences), 70 Stat. 1050.
  36:730. Aug. 6, 1956, ch. 974, §10, as added Jan. 30, 1968, Pub. L. 90–251, §4, 82 Stat. 4.
504(b) 36:725 (3d sentence).  
504(c) 36:725 (last sentence).  

In subsection (a), the words "lighting or other" and "for illumination or other purposes" are omitted as unnecessary.

In subsection (c), the words "illumination or other" are omitted as unnecessary. The words "department, agency, or instrumentality" are substituted for "agency" for consistency in the revised title and with other titles of the United States Code. The words "or agencies" are omitted because of 1:1. The words "in connection with the installation, operation, or removal of a temporary overhead conductor or electrical facility" are added for clarity.

§505. Extension of wires along parade routes

The Mayor of the District of Columbia, the Secretary of the Interior, and the Inaugural Committee may allow communications companies to extend overhead wires to places along a parade route that are considered convenient for use in connection with the parade and other inaugural purposes. The wires shall be removed not later than 10 days after the inaugural period ends.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
505 36:727. Aug. 6, 1956, ch. 974, §7, 70 Stat. 1050.
  36:730. Aug. 6, 1956, ch. 974, §10, as added Jan. 30, 1968, Pub. L. 90–251, §4, 82 Stat. 4.

The words "communications companies" are substituted for "telegraph, telephone, radio-broadcasting, and television companies" to eliminate unnecessary words.

§506. Duration of regulations and licenses and publication of regulations

Regulations prescribed and licenses authorized under this chapter are effective only during the inaugural period. The regulations shall be published in at least one daily newspaper published in the District of Columbia. A penalty prescribed for violating such a regulation may not be enforced until 5 days after publication.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
506 36:728 (1st, 2d sentences). Aug. 6, 1956, ch. 974, §8 (1st, 2d sentences), 70 Stat. 1051.

The words "full force and" are omitted as unnecessary.

§507. Application to other property

This chapter does not apply to the United States Capitol Buildings or Grounds or other property under the jurisdiction of Congress or a committee, commission, or officer of Congress. A service or facility authorized by or under this chapter is available for the property on request or approval of the joint committee of the Senate and House of Representatives appointed by the President of the Senate and the Speaker of the House of Representatives to arrange for the inauguration of the President-elect and the Vice President-elect.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
507 36:729. Aug. 6, 1956, ch. 974, §9, 70 Stat. 1051.

§508. Enforcement

The Mayor of the District of Columbia, or other official having jurisdiction in the premises, shall enforce this chapter, take necessary precautions to protect the public, and ensure that the pavement of any street, sidewalk, avenue, or alley disturbed or damaged is restored to its prior condition.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
508 36:725 (4th sentence). Aug. 6, 1956, ch. 974, §5 (4th sentence), 70 Stat. 1050.
  36:730. Aug. 6, 1956, ch. 974, §10, as added Jan. 30, 1968, Pub. L. 90–251, §4, 82 Stat. 4.

§509. Penalty

A person violating a regulation prescribed under this chapter shall be fined under title 18 or imprisoned for not more than 30 days. A separate violation occurs under this section for each day the violation continues.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
509 36:728 (3d, last sentences). Aug. 6, 1956, ch. 974, §8 (3d, last sentences), 70 Stat. 1051; Jan. 30, 1968, Pub. L. 90–251, §3, 82 Stat. 4.

The words "by the Council of the District of Columbia" and "the authority of" are omitted as unnecessary. The words "under title 18" are substituted for "not more than $100" for consistency with title 18. The words "A separate violation occurs under this section for each day the violation continues" are substituted for 36:728 (last sentence) for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.

§510. Disclosure of and prohibition on certain donations

(a) In General.—A committee shall not be considered to be the Inaugural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of subsections (b) and (c).

(b) Disclosure.—

(1) In general.—Not later than the date that is 90 days after the date of the Presidential inaugural ceremony, the committee shall file a report with the Federal Election Commission disclosing any donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200.

(2) Contents of report.—A report filed under paragraph (1) shall contain—

(A) the amount of the donation;

(B) the date the donation is received; and

(C) the name and address of the person making the donation.


(c) Limitation.—The committee shall not accept any donation from a foreign national (as defined in section 319(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b))).1

(Added Pub. L. 107–155, title III, §308(a)(2), Mar. 27, 2002, 116 Stat. 103.)

References in Text

The Federal Election Campaign Act of 1971, referred to in subsec. (c), is Pub. L. 92–225, Feb. 7, 1972, 86 Stat. 3, which was formerly classified principally to chapter 14 (§431 et seq.) of Title 2, The Congress, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 301 (§30101 et seq.) of Title 52. Section 319 of this Act is classified to section 30121 of Title 52. For complete classification of this Act to the Code, see Tables.

Prior Provisions

A prior section 510 was renumbered section 511 of this title.

Effective Date

Section effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of Title 52, Voting and Elections.

1 See References in Text note below.

§511. Authorization of appropriations

(a) Authorization.—Necessary amounts are authorized to be appropriated—

(1) to enable the Mayor of the District of Columbia to provide additional municipal services in the District of Columbia during the inaugural period, including—

(A) employment of personal services without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5;

(B) travel expenses of enforcement personnel, including sanitarians, from other jurisdictions;

(C) the hiring of the means of transportation;

(D) meals for policemen, firemen, and other municipal employees;

(E) the cost of removing and relocating streetcar loading platforms, construction, rent, maintenance, and expenses incident to the operation of temporary public comfort stations, first-aid stations, and information booths; and

(F) other incidental expenses in the discretion of the Mayor; and


(2) to enable the Secretary of the Interior to provide meals for the members of the United States Park Police during the inaugural period.


(b) Payment.—Amounts appropriated under—

(1) subsection (a)(1) of this section are payable in the same way as other appropriations for the expenses of the District of Columbia; and

(2) subsection (a)(2) of this section are payable in the same way as other appropriations for the expenses of the Department of the Interior.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265, §510; renumbered §511, Pub. L. 107–155, title III, §308(a)(1), Mar. 27, 2002, 116 Stat. 103.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
510(a) 36:723 (less words between 1st and 2d commas and between next-to-last and last commas). Aug. 6, 1956, ch. 974, §3, 70 Stat. 1049; Jan. 30, 1968, Pub. L. 90–251, §2, 82 Stat. 4.
  36:730. Aug. 6, 1956, ch. 974, §10, as added Jan. 30, 1968, Pub. L. 90–251, §4, 82 Stat. 4.
510(b) 36:723 (words between 1st and 2d commas and between next-to-last and last commas).  

In subsection (a)(1)(A), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "the civil-service and classification laws" for clarity and consistency in the revised title and with other titles of the United States Code.

Amendments

2002—Pub. L. 107–155 renumbered section 510 of this title as this section.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–155, effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of Title 52, Voting and Elections.

CHAPTER 7—FEDERAL PARTICIPATION IN CARL GARNER FEDERAL LANDS CLEANUP DAY

Sec.
701.
Findings.
702.
Definition.
703.
Duties of Federal land management agency.
704.
Activities.

        

§701. Findings

Congress finds that—

(1) Federal lands, parks, recreation areas, and waterways provide recreational opportunities for millions of Americans each year;

(2) Federal lands administered by Federal land management agencies contain valuable wildlife, scenery, natural and historic features, and other resources which may be damaged by litter and misuse;

(3) it is in the best interest of the United States and its citizens to maintain and preserve the beauty, safety, and availability of these Federal lands;

(4) these Federal land management agencies have been designated as the caretakers of these Federal lands and are responsible for maintaining and preserving those areas and facilities;

(5) there is great value in volunteer involvement in maintaining and preserving Federal lands for recreational use;

(6) the Federal land management agencies should be concerned with promoting a sense of pride and ownership among citizens toward these lands;

(7) the use of citizen volunteers in a national cleanup effort promotes these goals and encourages the thoughtful use of these Federal lands and facilities;

(8) the positive impact of annual cleanup events held at various recreation sites has already been proven by steadily declining levels of litter at these sites; and

(9) a national program for cleaning and maintaining Federal lands using volunteers will save millions of tax dollars.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1266.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
701 36:169i note. Aug. 27, 1986, Pub. L. 99–402, §2, 100 Stat. 910.

In clause (2), the words "the several" are omitted as unnecessary.

§702. Definition

For purposes of this chapter, "Federal land management agency" includes—

(1) the Forest Service of the Department of Agriculture;

(2) the Bureau of Land Management of the Department of the Interior;

(3) the National Park Service of the Department of the Interior;

(4) the Fish and Wildlife Service of the Department of the Interior;

(5) the Bureau of Reclamation of the Department of the Interior; and

(6) the Army Corps of Engineers.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
702 36:169i–1(a)(2). Aug. 27, 1986, Pub. L. 99–402, §4(a)(2), 100 Stat. 911.

§703. Duties of Federal land management agency

To observe Carl Garner Federal Lands Cleanup Day at the Federal level, each Federal land management agency shall organize, coordinate, and participate with citizen volunteers and State and local authorities in cleaning and providing for the maintenance of Federal public land, recreation areas, and waterways within the jurisdiction of the agency.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
703 36:169i–1(a)(1). Aug. 27, 1986, Pub. L. 99–402, §4(a)(1), 100 Stat. 911; Nov. 12, 1996, Pub. L. 104–333, §806, 110 Stat. 4188.

The word "authorities" is substituted for "agencies" for consistency in the revised title and with other titles of the United States Code.

§704. Activities

In cooperation with appropriate State and local government authorities, each Federal land management agency shall plan for and carry out activities on Carl Garner Federal Lands Cleanup Day that—

(1) encourage continuing public and private sector cooperation in preserving the beauty and safety of areas within the jurisdiction of the agency;

(2) increase citizens' sense of ownership and community pride in those areas;

(3) reduce litter on Federal lands, along trails and waterways, and within those areas; and

(4) maintain and improve trails, recreation areas, waterways, and facilities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
704 36:169i–1(b). Aug. 27, 1986, Pub. L. 99–402, §4(b), 100 Stat. 911; Nov. 12, 1996, Pub. L. 104–333, §806, 110 Stat. 4188.

In this section, before clause (1), the word "county" is omitted as unnecessary. The word "authorities" is substituted for "agencies" for consistency in the revised title and with other titles of the United States Code.

CHAPTER 9—MISCELLANEOUS

Sec.
901.
Service flag and service lapel button.
902.
National League of Families POW/MIA flag.
903.
Designation of Medal of Honor Flag.

        

Amendments

2002—Pub. L. 107–248, title VIII, §8143(b)(2), Oct. 23, 2002, 116 Stat. 1570, added item 903.

§901. Service flag and service lapel button

(a) Individuals Entitled To Display Service Flag.—A service flag approved by the Secretary of Defense may be displayed in a window of the place of residence of individuals who are members of the immediate family of an individual serving in the Armed Forces of the United States during any period of war or hostilities in which the Armed Forces of the United States are engaged.

(b) Individuals Entitled To Display Service Lapel Button.—A service lapel button approved by the Secretary may be worn by members of the immediate family of an individual serving in the Armed Forces of the United States during any period of war or hostilities in which the Armed Forces of the United States are engaged.

(c) License To Manufacture and Sell Service Flags and Service Lapel Buttons.—Any person may apply to the Secretary for a license to manufacture and sell the approved service flag, or the approved service lapel button, or both. Any person that manufactures a service flag or service lapel button without having first obtained a license, or otherwise violates this section is liable to the United States Government for a civil penalty of not more than $1,000.

(d) Regulations.—The Secretary may prescribe regulations necessary to carry out this section.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
901(a) 36:179. Oct. 17, 1942, ch. 615, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.
901(b) 36:180.  
901(c) 36:181.  
901(d) 36:182.  

In subsection (c), the text of 36:181 (1st sentence) is omitted as executed. The word "Thereafter" is omitted as obsolete. The words "is liable to the United States Government for a civil penalty of" are substituted for "shall, upon conviction thereof, be fined" for consistency in the revised title and with other titles of the United States Code.

§902. National League of Families POW/MIA flag

(a) Designation.—The National League of Families POW/MIA flag is designated as the symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing, and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and the Nation.

(b) Required Display.—The POW/MIA flag shall be displayed at the locations specified in subsection (d) of this section on POW/MIA flag display days. The display serves—

(1) as the symbol of the Nation's concern and commitment to achieving the fullest possible accounting of Americans who, having been prisoners of war or missing in action, still remain unaccounted for; and

(2) as the symbol of the Nation's commitment to achieving the fullest possible accounting for Americans who in the future may become prisoners of war, missing in action, or otherwise unaccounted for as a result of hostile action.


(c) Days for Flag Display.—(1) For purposes of this section, POW/MIA flag display days are the following:

(A) Armed Forces Day, the third Saturday in May.

(B) Memorial Day, the last Monday in May.

(C) Flag Day, June 14.

(D) Independence Day, July 4.

(E) National POW/MIA Recognition Day.

(F) Veterans Day, November 11.


(2) In addition to the days specified in paragraph (1) of this subsection, POW/MIA flag display days include—

(A) in the case of display at the World War II Memorial, Korean War Veterans Memorial, and Vietnam Veterans Memorial (required by subsection (d)(3) of this section), any day on which the United States flag is displayed;

(B) in the case of display at medical centers of the Department of Veterans Affairs (required by subsection (d)(7) of this section), any day on which the flag of the United States is displayed; and

(C) in the case of display at United States Postal Service post offices (required by subsection (d)(8) of this section), the last business day before a day specified in paragraph (1) that in any year is not itself a business day.


(d) Locations for Flag Display.—The locations for the display of the POW/MIA flag under subsection (b) of this section are the following:

(1) The Capitol.

(2) The White House.

(3) The World War II Memorial, the Korean War Veterans Memorial, and the Vietnam Veterans Memorial.

(4) Each national cemetery.

(5) The buildings containing the official office of—

(A) the Secretary of State;

(B) the Secretary of Defense;

(C) the Secretary of Veterans Affairs; and

(D) the Director of the Selective Service System.


(6) Each major military installation, as designated by the Secretary of Defense.

(7) Each medical center of the Department of Veterans Affairs.

(8) Each United States Postal Service post office.


(e) Coordination With Other Display Requirement.—Display of the POW/MIA flag at the Capitol pursuant to subsection (d)(1) of this section is in addition to the display of that flag in the Rotunda of the Capitol pursuant to Senate Concurrent Resolution 5 of the 101st Congress, agreed to on February 22, 1989 (103 Stat. 2533).

(f) Display To Be in a Manner Visible to the Public.—Display of the POW/MIA flag pursuant to this section shall be in a manner designed to ensure visibility to the public.

(g) Limitation.—This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the POW/MIA flag.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1268; Pub. L. 105–354, §1(1), Nov. 3, 1998, 112 Stat. 3238; Pub. L. 107–323, §2(a), (b), Dec. 4, 2002, 116 Stat. 2787.)

Historical and Revision Notes
Pub. L. 105–225
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
902(a) 36:189. Aug. 10, 1990, Pub. L. 101–355, §2, 104 Stat. 416.
902(b) 36:189 note. Dec. 5, 1991, Pub. L. 102–190, title X, §1084(a)–(c), (e), 105 Stat. 1482, 1483.
902(c) 36:189 note. Dec. 5, 1991, Pub. L. 102–190, title X, §1084(d), 105 Stat. 1483.

In subsection (b), the text of section 1084(c) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190, 105 Stat. 1483) is omitted as executed.

Pub. L. 105–354

This amends section 902 of title 36 to reflect changes made by section 1082 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85, Nov. 18, 1997, 111 Stat. 1917, 36 App. U.S.C. 189a).

Section 1082(g) of that Act, which defined "POW/MIA flag" as used in section 1082 by reference to section 2 of Public Law 101–355, is unnecessary because the two provisions are restated together in section 902 of title 36.

Section 1082(h), which required that regulations be prescribed no later than 180 days after enactment of Public law 105–85, is repealed as executed.

Section 1082(i), which required that the Administrator of GSA procure and distribute POW/MIA flags no later than 30 days after enactment of Public Law 105–85, is repealed as executed.

Section 1082(j), which repealed section 1084 of Public Law 102–190 (previously restated as subsections (b) and (c) of section 902 of title 36), is repealed as executed.

Amendments

2002—Subsec. (c)(2). Pub. L. 107–323, §2(b), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Subsec. (d)(3). Pub. L. 107–323, §2(a), substituted "The World War II Memorial, the Korean War Veterans Memorial, and the Vietnam Veterans Memorial" for "The Korean War Veterans Memorial and the Vietnam Veterans Memorial".

1998—Subsecs. (b) to (g). Pub. L. 105–354 added subsecs. (b) to (g) and struck out former subsecs. (b) and (c) which read as follows:

"(b) Display.—The flag shall be displayed—

"(1) at each national cemetery and at the National Vietnam Veterans Memorial each year on Memorial Day and Veterans Day and on any day designated by law as National POW/MIA Recognition Day; and

"(2) on, or on the grounds of, the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs, and the Director of the Selective Service System on any day designated by law as National POW/MIA Recognition Day.

"(c) Termination of Flag Display Requirement.—Subsection (b) of this section ceases to apply when the President decides that the fullest possible accounting has been made of all members of the Armed Forces and civilian employees of the United States Government who have been identified as prisoners of war or missing in action in Southeast Asia."

Display on Existing Flagpole

Pub. L. 107–323, §2(c), Dec. 4, 2002, 116 Stat. 2788, provided that: "No element of the United States Government may construe the amendments made by this section [amending this section] as requiring the acquisition of [sic] erection of a new or additional flagpole for purposes of the display of the POW/MIA flag."

§903. Designation of Medal of Honor Flag

(a) Designation.—The Secretary of Defense shall design and designate a flag as the Medal of Honor Flag. In selecting the design for the flag, the Secretary shall consider designs submitted by the general public.

(b) Presentation.—The Medal of Honor Flag shall be presented as specified in sections 3755, 6257, and 8755 of title 10 and section 505 of title 14.

(Added Pub. L. 107–248, title VIII, §8143(b)(1), Oct. 23, 2002, 116 Stat. 1570.)

Findings

Pub. L. 107–248, title VIII, §8143(a), Oct. 23, 2002, 116 Stat. 1570, provided that: "Congress finds that—

"(1) the Medal of Honor is the highest award for valor in action against an enemy force which can be bestowed upon an individual serving in the Armed Forces of the United States;

"(2) the Medal of Honor was established by Congress during the Civil War to recognize soldiers who had distinguished themselves by gallantry in action;

"(3) the Medal of Honor was conceived by Senator James Grimes of the State of Iowa in 1861; and

"(4) the Medal of Honor is the Nation's highest military honor, awarded for acts of personal bravery or self-sacrifice above and beyond the call of duty."

Presentation of Medal of Honor Flag

Pub. L. 107–248, title VIII, §8143(d), Oct. 23, 2002, 116 Stat. 1571, provided that: "The President shall provide for the presentation of the Medal of Honor Flag designated under section 903 of title 36, United States Code, as added by subsection (b), to each person awarded the Medal of Honor before the date of enactment of this Act [Oct. 23, 2002] who is living as of that date. Such presentation shall be made as expeditiously as possible after the date of the designation of the Medal of Honor Flag by the Secretary of Defense under such section."

Part B—United States Government Organizations Involved With Observances and Ceremonies

CHAPTER 21—AMERICAN BATTLE MONUMENTS COMMISSION

Sec.
2101.
Membership.
2102.
Employment of personnel.
2103.
Administrative.
2104.
Military cemeteries in foreign countries.
2105.
Monuments built by the United States Government.
2106.
War memorials not built by the United States Government.
2107.
National Memorial Cemetery of the Pacific.
2108.
Pacific War Memorial and other historical and memorial sites on Corregidor.
2109.
Foreign Currency Fluctuations Account.
2110.
Claims against the Commission.
2111.
Presidential duties and powers.
2112.
Care and maintenance of Surrender Tree site.
2113.
World War II memorial in the District of Columbia.
2114.
Intellectual property and related items.

        

Amendments

1999—Pub. L. 106–117, title VI, §§601(a)(2), 603(b), Nov. 30, 1999, 113 Stat. 1578, 1579, added items 2113 and 2114.

§2101. Membership

(a) Composition and Terms.—The American Battle Monuments Commission has not more than 11 members appointed by the President. The President also shall appoint one officer of the Regular Army to serve as secretary of the Commission. The members and secretary serve at the pleasure of the President. The President shall fill any vacancies that occur. Notwithstanding any other law, members of the Armed Forces may be appointed members of the Commission.

(b) Pay and Expenses.—The members of the Commission serve without compensation. However, the members of the Commission may receive, from an amount appropriated to carry out this chapter or acquired by another authorized way—

(1) their actual expenses related to the work of the Commission;

(2) when in a travel status outside the continental United States, a per diem at the rate authorized to be paid for members of the uniformed services under section 475 of title 37 instead of subsistence; and

(3) when in a travel status in the continental United States, a per diem at the rate authorized to be paid under sections 5702 and 5703 of title 5 instead of subsistence.


(c) Expenses of Officers of Armed Forces Serving on Commission.—An officer of the Armed Forces serving as a member or as secretary of the Commission may be reimbursed for expenses when traveling on business of the Commission in the same way as civilian members of the Commission.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1269; Pub. L. 106–117, title VI, §604(1), Nov. 30, 1999, 113 Stat. 1580; Pub. L. 112–81, div. A, title VI, §631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2101(a) 36:121 (1st par.). Mar. 4, 1923, ch. 283, §1 (1st par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; Dec. 18, 1989, Pub. L. 101–237, title V, §503, 103 Stat. 2094.
2101(b) 36:121 (2d par.). Mar. 4, 1923, ch. 283, §1 (2d par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §1, 70 Stat. 640; Oct. 21, 1970, Pub. L. 91–480, 84 Stat. 1081; Apr. 1, 1976, Pub. L. 94–256, 90 Stat. 301.
  36:121 (last par.). Mar. 4, 1923, ch. 283, §1 (last par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §1, 70 Stat. 640.
2101(c) 36:122. Sept. 26, 1996, Pub. L. 104–204, title III, (2d proviso in par. under heading "American Battle Monuments Commission"), 110 Stat. 2907.

In subsection (a), the words "from time to time" are omitted as unnecessary.

In subsection (b), before clause (1), the text of 36:121 (last par.) is omitted as executed. In clauses (2) and (3), the word "same" is omitted as unnecessary. In clause (2), the words "authorized to be paid" are substituted for "prescribed" for consistency with clause (3) and 37:405.

Subsection (c) is based on 36:122 which is from the 2d proviso in the paragraph under the heading "American Battle Monuments Commission" in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204, 110 Stat. 2907). The provision has been repeated each year in prior appropriations acts and therefore is restated as a permanent provision. For prior provisions, see citations under 36:122 (1994 ed.). In the restatement, the words "in the same way as" are substituted for "as provided for" for clarity and consistency in the revised title.

Amendments

2013—Subsec. (b)(2). Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(B). See 2011 Amendment note below.

2011—Subsec. (b)(2). Pub. L. 112–81, §631(f)(4)(B), as amended by Pub. L. 112–239, §1076(a)(9), substituted "475" for "405".

1999—Subsec. (b)(2). Pub. L. 106–117, §604(1)(A), struck out ", United States Code," after "title 37".

Subsec. (b)(3). Pub. L. 106–117, §604(1)(B), struck out ", United States Code," after "title 5".

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

§2102. Employment of personnel

(a) General.—Within the limits of an appropriation made to employ personnel, the American Battle Monuments Commission may employ personnel necessary to carry out this chapter. To ensure adequate care and maintenance of cemeteries, monuments, and memorials, the Commission, subject to the availability of appropriations, shall employ—

(1) at least 50 individuals in the competitive service (as defined in section 2102 of title 5), of whom at least 43 shall be assigned to duty in foreign countries where the cemeteries, monuments, and memorials are located; and

(2) at least 348 individuals who are citizens of the countries where the cemeteries, monuments, and memorials are located.


(b) Detailed Personnel.—On request of the Commission, the heads of departments, agencies, and instrumentalities of the United States Government may make available to the Commission their personnel and facilities to assist in carrying out this chapter, and may expend for that purpose amounts appropriated to the department, agency, and instrumentality. The Commission shall reimburse the department, agency, or instrumentality for the pay and allowances of personnel made available to the Commission.

(c) Station Allowance for Officers Assigned to the Commission.—For officers of the Armed Forces assigned to the Commission, the same station allowance shall be authorized for serving at foreign stations as the Secretary of the Army has authorized for officers of the Army.

(d) Citizenship Requirement.—An individual may be employed as the superintendent, or as an assistant superintendent, of a cemetery operated by the Commission only if the individual is a citizen of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1269; Pub. L. 105–354, §1(2), Nov. 3, 1998, 112 Stat. 3239; Pub. L. 106–117, title VI, §604(2), Nov. 30, 1999, 113 Stat. 1580.)

Historical and Revision Notes
Pub. L. 105–225
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2102(a) 36:121 (3d par. 2d, 3d sentences). Mar. 4, 1923, ch. 283, §1 (3d par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §1, 70 Stat. 640; Oct. 18, 1978, Pub. L. 95–479, title III, §306, 92 Stat. 1566; Oct. 7, 1980, Pub. L. 96–385, title V, §506, 94 Stat. 1537.
2102(b) 36:121 (3d par. 1st sentence).

36:122a.

 

Sept. 26, 1996, Pub. L. 104–204, title III, (1st, last provisos in par. under heading "American Battle Monuments Commission"), 110 Stat. 2907.

2102(c) 36:121b.  
2102(d) 36:121 (3d par. last sentence).  

In subsection (a) before clause (1), the words "or appropriations" are omitted because of 1:1. The words "further" and "under the jurisdiction of the Commission" are omitted as unnecessary. In clause (2), the words "who shall be hired for local employment relating to the care and maintenance of such cemeteries, monuments, and memorials" are omitted as unnecessary.

Subsections (b) and (c) are based in part on 36:121b and 122a, which are from the first and last provisos in the paragraph under the heading "American Battle Monuments Commission" in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204, 110 Stat. 2907). The provisions have been repeated each year in prior appropriations acts and therefore are restated as permanent provisions. For prior provisions, see citations under 36:121b and 122a (1994 ed.).

In subsection (b), the words "departments, agencies, and instrumentalities" are substituted for "departments or agencies" and "departments, agencies, and services" in 36:121 and "agencies" in 36:122a for consistency in the revised title and with other titles of the United States Code. The words "or of the Army, Navy, Air Force, or Marine Corps" in 36:121 and "including the Armed Forces" in 36:122a are omitted as included in "department, agency, or instrumentality". The words "as the case may be" in 36:121 are omitted as unnecessary. The word "salary" in 36:122a is omitted as included in "pay".

In subsection (c), the words "Secretary of the Army" are substituted for "Department of the Army" because of 10:3013(a)(1).

Pub. L. 105–354

This amends section 2102(b) of title 36 to clarify the language.

Amendments

1999—Subsec. (a)(1). Pub. L. 106–117 struck out ", United States Code" after "title 5".

1998—Subsec. (b). Pub. L. 105–354 substituted "personnel made available to the Commission" for "designated personnel".

§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 3111 of title 40;

(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.—The Commission shall have a system of financial controls to enable the Commission to comply with the requirements of section 3515 of title 31 and with section 2106(d)(4) of this title.

(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, §§602, 604(3), Nov. 30, 1999, 113 Stat. 1578, 1580; Pub. L. 107–217, §3(i)(1), Aug. 21, 2002, 116 Stat. 1300; Pub. L. 112–234, §2(g), Dec. 28, 2012, 126 Stat. 1625.)

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, §12 (1st–3d, last pars.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(c), (d), 4(c)(1), (2), 70 Stat. 640, 641.
2103(b) 36:137. Feb. 11, 1927, ch. 104, §1 (5th proviso in par. under heading "American Battle Monuments Commission"), 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, §7, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317.
2103(f) 36:138d(c). Mar. 4, 1923, ch. 283, §14, as added Oct. 9, 1996, Pub. L. 104–275, title VI, §602(b), 110 Stat. 3345.
2103(g) 36:131. Mar. 4, 1923, ch. 283, §8, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §2(c), (d), 70 Stat. 640; Apr. 21, 1976, Pub. L. 94–273, §3(19), 90 Stat. 377.
2103(h) 36:138d(a), (b).  
2103(i) 36:138. Mar. 4, 1923, ch. 283, §9, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(c), (d), 4(a), 70 Stat. 640, 641.
2103(j) 36:136. Feb. 11, 1927, ch. 104, §1 (3d proviso in par. under heading "American Battle Monuments Commission"), 44 Stat. 1071.
2103(k) 36:133. Feb. 11, 1927, ch. 104, §1 (last proviso in par. under heading "American Battle Monuments Commission"), 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

2012—Subsec. (h). Pub. L. 112–234 substituted "of section 3515 of title 31" for "of paragraph (2) of this subsection", struck out par. (1) designation before "The Commission", and struck out par. (2) which required the Commission to prepare and submit a financial statement by March 1 of each year beginning with 1998 and to obtain an audit by the Comptroller General of each such financial statement.

2002—Subsec. (a)(1). Pub. L. 107–217 substituted "section 3111 of title 40" for "section 355 of the Revised Statutes (40 U.S.C. 255)".

1999—Subsec. (d). Pub. L. 106–117, §604(3)(C), substituted "Chairman" for "chairman".

Subsec. (e). Pub. L. 106–117, §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, §604(3)(A), struck out ", United States Code" after "title 31".

Subsec. (i). Pub. L. 106–117, §604(3)(B), struck out ", United States Code" after "title 44".

§2104. Military cemeteries in foreign countries

When, as a result of combat operations, the Armed Forces establish military cemeteries in zones of operations outside the United States and the territories and possessions of the United States, the American Battle Monuments Commission and the Secretary of the Army, immediately on the cessation of hostilities, shall decide which of the cemeteries will become permanent cemeteries or, if they decide it is desirable, shall select new sites for the cemeteries at any other location. The Commission is solely responsible for the design and construction of the permanent cemeteries, and of all buildings, plantings, headstones, and other permanent improvements incidental to the cemeteries, except that—

(1) the Armed Forces are responsible for maintaining the permanent cemeteries until the Commission declares its readiness to assume the authorized administrative duties and powers;

(2) all construction undertaken by the Armed Forces in establishing and maintaining the cemetery prior to its transfer to the Commission shall be nonpermanent;

(3) burials and reburials by the Armed Forces shall be carried out in accordance with plans prepared by the Commission; and

(4) the Armed Forces have the right to re-enter a cemetery transferred to the Commission to exhume or re-inter a body if they decide it is necessary.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1271.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2104 36:122b. Mar. 4, 1923, ch. 283, §2, as added July 25, 1956, ch. 721, §3(a), 70 Stat. 640.

In this section, before clause (1), the words "so established, if any" are omitted as unnecessary. In clause (1), the words "such time as" are omitted as unnecessary. 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 "in nature" are omitted as unnecessary.

Restoration, Operation, and Maintenance of Clark Veterans Cemetery

Pub. L. 112–260, title I, §106, Jan. 10, 2013, 126 Stat. 2421, provided that:

"(a) In General.—After an agreement is made between the Government of the Republic of the Philippines and the United States Government, Clark Veterans Cemetery in the Republic of the Philippines shall be treated, for purposes of section 2104 of title 36, United States Code, as a cemetery for which it was decided under such section that the cemetery will become a permanent cemetery and the American Battle Monuments Commission shall restore, operate, and maintain Clark Veterans Cemetery (to the degree the Commission considers appropriate) under such section in cooperation with the Government of the Republic of the Philippines.

"(b) Limitation on Future Burials.—Burials at the cemetery described in subsection (a) after the date of the agreement described in such subsection shall be limited to eligible veterans, as determined by the Commission, whose burial does not incur any cost to the Commission.

"(c) Authorization of Appropriations.—There are authorized to be appropriated to the Commission—

"(1) $5,000,000 for site preparation, design, planning, construction, and associated administrative costs for the restoration of the cemetery described in subsection (a); and

"(2) amounts necessary to operate and maintain the cemetery described in subsection (a)."

§2105. Monuments built by the United States Government

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1271; Pub. L. 105–368, title IV, §403(d)(1), Nov. 11, 1998, 112 Stat. 3339.)

Historical and Revision Notes
Revised

Section

Source (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.

Amendments

1998—Subsec. (b). Pub. L. 105–368 substituted "National Cemetery Administration" for "National Cemetery System".

§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, §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".

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."

§2107. National Memorial Cemetery of the Pacific

With the consent of the Secretary of Veterans Affairs, the American Battle Monuments Commission may build works of architecture and art in the National Memorial Cemetery of the Pacific.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1274.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2107 36:125a. June 24, 1954, ch. 359, §101 (1st proviso in last par. under heading "American Battle Monuments Commission"), 68 Stat. 275.

The words "Secretary of Veterans Affairs" are substituted for "Secretary of the Army" 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. The words "as may be determined by the Commission" are omitted as unnecessary.

§2108. Pacific War Memorial and other historical and memorial sites on Corregidor

(a) General.—After an agreement is made between the Government of the Republic of the Philippines and the United States Government, the American Battle Monuments Commission shall restore, operate, and maintain the Pacific War Memorial and other historical and memorial sites on Corregidor.

(b) Personnel.—The Commission may employ necessary personnel to carry out this section.

(c) Use of Other Departments, Agencies, and Instrumentalities.—Departments, agencies, and instrumentalities of the United States Government may assist the Commission, on a reimbursable basis, in carrying out this section.

(d) Authority To Solicit Contributions.—To carry out this section, the Commission may solicit and accept private contributions and shall deposit the contributions in the fund established by subsection (f) of this section.

(e) Use of Private Amounts.—The Commission shall carry out this section with private amounts except to the extent amounts are appropriated under subsection (g) of this section.

(f) Fund.—(1) There is a fund in the Treasury that is available to the Commission only to carry out 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 Chairman of the Commission shall deposit into the fund the amounts that are accepted under subsection (d) 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 Chairman 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 Chairman decides has a maturity suitable for the fund.

(4) Amounts in the fund exceeding the cost of carrying out this section, as decided by the Chairman, shall be deposited in the Treasury as miscellaneous receipts to reimburse the United States Government for amounts appropriated under subsection (g) of this section.

(g) Authorization of Appropriations.—There are authorized to be appropriated—

(1) $6,000,000 for site preparation, design, planning, construction, and associated administrative costs for the restoration of the Memorial and other historical and memorial sites referred to in subsection (a) of this section; and

(2) amounts necessary to operate and maintain the Memorial and those other historical and memorial sites.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1274.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2108(a) 36:125b(a), (b). Nov. 18, 1988, Pub. L. 100–687, title XVI, §1602, 102 Stat. 4137.
2108(b) 36:125b(c).  
2108(c) 36:125b(d).  
2108(d) 36:125b(f).  
2108(e) 36:125b(e).  
2108(f) 36:125b(g).  
2108(g) 36:125b(h).  

§2109. Foreign Currency Fluctuations Account

(a) Establishment and Purpose.—There is an account in the Treasury known as the "Foreign Currency Fluctuations, American Battle Monuments Commission, Account". The Account shall be used to provide amounts, in addition to amounts appropriated for salaries and expenses of the Commission, to pay the cost of salaries and expenses that exceeds the amount appropriated for salaries and expenses because of fluctuations in currency exchange rates of foreign countries occurring after a budget request for the Commission is submitted to Congress. The Account may not be used for any other purpose.

(b) Increase in Permissible Obligations of Amounts.—A provision of law limiting the amounts the Commission may obligate in a fiscal year shall be increased to the extent necessary to reflect fluctuations in exchange rates from those used in preparing the budget submission.

(c) Transferred Amounts.—(1) Amounts in the Account may be transferred to amounts appropriated for salaries and expenses of the Commission. Transferred amounts shall be merged with, and are available for the same time period as, the appropriation to which they are applied.

(2) Amounts transferred from the Account may be transferred back—

(A) if the amounts are not needed to pay obligations incurred because of fluctuations in currency exchange rates of foreign countries in the appropriation to which the amounts were originally transferred; or

(B) because of subsequent favorable fluctuations in the rates or because other amounts are, or become, available to pay the obligations.


(3) Amounts transferred to an appropriation under this subsection may not be transferred back to the Account after the end of the 2d fiscal year after the fiscal year in which the appropriation was available for obligation.

(d) Recording of Obligations and Fluctuations in Exchange Rates.—An obligation of the Commission payable in the currency of a foreign country may be recorded as an obligation based on exchange rates used in preparing a budget submission. A change reflecting fluctuations in exchange rates may be recorded as a disbursement is made.

(e) Unobligated Balances.—The unobligated balance of an appropriation for salaries and expenses may be transferred to the Account not later than the end of the second fiscal year following the fiscal year for which the appropriation was made. The unobligated balance shall be merged with, and be available for the same period and purposes as, the Account.

(f) Annual Report.—The Commission each year shall submit to the appropriate committees of Congress a report on amounts transferred under this section.

(g) Authorization of Appropriations.—There is authorized to be appropriated $3,000,000 to the Account.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1275.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2109(a) 36:138c(a) (1st–3d sentences). Mar. 4, 1923, ch. 283, §13, as added May 20, 1988, Pub. L. 100–322, title III, §345(a), 102 Stat. 540.
2109(b) 36:138c(b) (last sentence).  
2109(c)(1) 36:138c(a) (last sentence), (b) (1st sentence).  
2109(c)(2) 36:138c(d).  
2109(c)(3) 36:138c(e).  
2109(d) 36:138c(c).  
2109(e) 36:138c(f).  
2109(f) 36:138c(g).  
2109(g) 36:138c note. May 20, 1988, Pub. L. 100–322, title III, §345(b), 102 Stat. 540.

§2110. Claims against the Commission

A claim against the American Battle Monuments Commission that is similar to a claim described in section 2734 of title 10, that is based on damage to, or loss or destruction of, property, or personal injury or death of an individual, and that is caused by the negligent or wrongful act or omission of an officer or civilian employee of the Commission acting within the scope of the officer's or employee's office or employment, may be settled, decided, and paid as provided in section 2734 for the settlement of Army claims. However, the Secretary of the Army may appoint an officer or employee of the Commission to a claims commission or as an officer to approve settlements of claims made by the claims commission. All payments in settlement of a claim shall be made out of appropriations made to carry out this chapter.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2110 36:138b (4th par.). Mar. 4, 1923, ch. 283, §12 (4th par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(c), (d), 4(c)(3), 70 Stat. 640, 642.

The words "section 2734 of title 10" and "section 2734" are substituted for "the first section of the Act entitled 'An Act to provide for the prompt settlement of claims for damages occasioned by Army, Navy, and Marine Corps forces in foreign countries', approved January 2, 1942 (55 Stat. 880, as amended; 31 U.S.C. 224d)" and "such Act", respectively, in section 12 (4th par.) of the Act of March 4, 1923 (ch. 283), as added by section 4(c)(3) of the Act of July 25, 1956 (ch. 721, 70 Stat. 642), because of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640). The 1942 law enacted former 31:224d, 224h, and 224i. Those sections subsequently were codified as 10:2734 and repealed by the Act of August 10, 1956 (ch. 1041, 70A Stat. 154, 672). The words "both real and personal" are omitted as unnecessary. The words "on or after July 25, 1956" are omitted as obsolete. The words "or commissions" are omitted because of 1:1. The words "settled, decided" are substituted for "considered, ascertained, adjusted, determined" to eliminate unnecessary words.

§2111. Presidential duties and powers

(a) Arrangements With Foreign Countries.—The President is requested to make the necessary arrangements with the proper authorities of the appropriate foreign countries to enable the American Battle Monuments Commission to carry out this chapter.

(b) Transfer of Administrative Duties and Powers and Supplies, Material, and Equipment to Commission.—(1) The President by executive order may transfer to the Commission—

(A) the same administrative duties and powers related to a permanent military cemetery located outside the United States and the territories and possessions of the United States that were transferred to the Commission by Executive Order 6614, February 26, 1934, and Executive Order 10057, May 14, 1949, as amended by Executive Order 10087, December 3, 1949; and

(B) supplies, material, and equipment located in the permanent military cemetery or in a military depot overseas that—

(i) the Department of Defense does not need; and

(ii) the Commission requests to carry out the duties and powers specified in clause (A) of this paragraph.


(2) After a transfer under this subsection, the Commission shall maintain the cemetery and all improvements in it.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2111(a) 36:127. Mar. 4, 1923, ch. 283, §6, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317.
2111(b) 36:132. Mar. 4, 1923, ch. 283, §10, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(c), (d), 4(b), 70 Stat. 640, 641.

In subsection (b)(1), the words "duties and powers" are substituted for "functions" for consistency in the revised title and with other titles of the United States Code.

References in Text

Executive Order 6614, referred to in subsec. (b)(1)(A), is not classified to the Code.

Executive Order 10057, referred to in subsec. (b)(1)(A), is set out below.

Ex. Ord. No. 9873. Administration of the Mexico City National Cemetery

Ex. Ord. No. 9873, July 16, 1947, 12 F.R. 4777, provided:

By virtue of the authority vested in me by section 12 of the act of March 4, 1923, as amended by the act of June 26, 1946, 60 Stat. 318 [now subsec. (b) of this section], and as President of the United States, it is hereby ordered as follows:

1. All functions of administration pertaining to the Mexico City National Cemetery, located in Mexico City, Calazada, Molchor, Ocampo 31, Mexico, DF, now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, are hereby transferred from the War Department to the American Battle Monuments Commission.

2. The unexpended balances of appropriations or allotments of appropriations which are now, or may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary.

Ex. Ord. No. 10057. Transfer of Certain Functions Pertaining to United States Military Cemeteries

Ex. Ord. No. 10057, May 14, 1949, 14 F.R. 2585, as amended by Ex. Ord. No. 10087, Dec. 3, 1949, 14 F.R. 7287, provided:

By virtue of the authority vested in me by section 12 of the act of March 4, 1923, 42 Stat. 1509, as amended by the act of June 26, 1946, 60 Stat. 318 [now subsec. (b) of this section], and as President of the United States, it is hereby ordered as follows:

1. All functions of administration pertaining to World War II United States Military Cemeteries located in or near Cambridge, England; Margraten, the Netherlands; Hamm, Luxembourg; Henri-Chapelle, Belgium; Neuvilleen-Condroz, Belgium; St. Laurent, France; St. James, France; Epinal, France; St. Avold, France; Draguignan, France; Nettuno (Anzio), Italy; Florence, Italy; Tunis (Carthage), Tunisia; and Ft. McKinley, Philippine Islands, now vested in or exercised by the Secretary of the Army pursuant to the act of May 16, 1946, c. 261, 60 Stat. 182, as amended by the act of August 5, 1947, c. 497, 61 Stat. 779, together with (a) such supplies, equipment, temporary structures, utilities and facilities pertaining thereto as are located therein or are in depots or other places overseas under the jurisdiction of the American Graves Registration Service and are determined by the American Battle Monuments Commission to be required for the discharge of its responsibilities under this order, and (b) the cemetery records currently maintained for the operation of such cemeteries, including records pertinent to the acquisition of real estate upon which the cemeteries and their appurtenances are situated, are hereby transferred to the American Battle Monuments Commission; such transfer to become effective as to any particular cemetery or group of cemeteries upon the completion of the operational mission of the Department of the Army with respect to such cemetery or group of cemeteries, but in no instance later than December 31, 1951, or at such earlier date as may be determined by the President or the Congress pursuant to the said act of May 16, 1946, as amended by the act of August 5, 1947.

2. The Department of the Army shall have the right to re-enter any of such cemeteries subsequent to the effective date of the transfer of functions with respect thereto for the purpose of making exhumations or reinterments should any such action become necessary.

3. There shall be transferred to the American Battle Monuments Commission so much of the unexpended balances of appropriations now, or which may become, available to the Department of the Army for the performance of the functions transferred by the provisions of this order as the Director of the Bureau of the Budget may deem necessary for use prior to July 1, 1950, in connection with such functions.

Ex. Ord. No. 12115. Permanent American Cemetery in Republic of Panama

Ex. Ord. No. 12115, Jan. 19, 1979, 44 F.R. 4645, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Section 10 of the Act of March 4, 1923 (42 Stat. 1509), as amended (36 U.S.C. 132) [now subsec. (b) of this section], and to implement the intent of the United States Senate (124 Cong. Rec. S3857 of March 16, 1978) as set forth by Reservations (1) and (3) to the Resolution of Ratification of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, it is hereby ordered as follows:

1–101. The Secretary of State shall take all appropriate steps to complete, prior to the date of entry into force of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, hereinafter referred to as the Neutrality Treaty, the negotiations which have begun with the Republic of Panama for an agreement under which the United States of America would, upon the date of entry into force of such agreement and thereafter, administer as a permanent American cemetery such part of Corozal Cemetery as encompasses the remains of citizens of the United States of America.

1–102. Subject to the conclusion of the agreement referred to in Section 1–101 of this Order, the American Battle Monuments Commission shall administer that part of Corozal Cemetery which encompasses the remains of citizens of the United States of America, in accordance with the terms of the agreement with the Republic of Panama.

1–103. The Governor of the Canal Zone shall, to the extent funds are available, disinter from Mount Hope Cemetery, before entry into force of the Neutrality Treaty, and reinter in Corozal Cemetery the remains of United States citizens, and the remains of members of their immediate family that are buried with them. The Governor shall not remove from Mount Hope Cemetery the remains of any such person whose next of kin timely requests in writing that such remains not be disinterred. The Governor shall transport to the United States for reinterment the remains of any such person whose next of kin timely requests in writing that such remains be transported to the United States for reinterment.

1–104. The Secretary of Defense shall, to the extent funds are available, disinter from Corozal Cemetery and transport to the United States for reinterment the remains of United States citizens, and the remains of members of their immediate family buried with them, whose next of kin requests in writing by April 1, 1982, that such remains be transported to the United States for reinterment.

1–105. Subject to the availability of funds, all the costs incurred in the disinterment, reinterment in Corozal Cemetery, and transportation of remains required by this Order, including the costs of preparation, cremation if requested, and a casket or urn, shall be borne by the United States of America. The costs of reinterment in the United States, including any costs for funeral home services, vaults, plots, or crypts, will be the responsibility of the next of kin making the request, except to the extent otherwise provided by law, including any unused specific entitlements available pursuant to statute.

1–106. (a) The Governor of the Canal Zone shall identify, to the extent feasible, the closest surviving next of kin of each deceased United States citizen buried in the Mount Hope and Corozal Cemeteries, and of such next of kin of each member of the immediate family that is buried with such United States citizen.

(b) The Governor shall provide notice to the next of kin of such deceased buried in Mount Hope Cemetery that the Government plans to remove the deceased to Corozal Cemetery unless the next of kin requests in writing, not later than three months after the first issuance of such notification, either that the remains not be removed from Mount Hope Cemetery, or that the remains be moved to, and reinterred in, the United States in a cemetery or other burial site designated by the next of kin.

(c) The Governor shall also provide notice to the next of kin of such deceased who are buried in Corozal Cemetery that the Government will disinter and transport such deceased to the United States for reinterment in a cemetery or other burial site designated by the next of kin, if the next of kin so requests in writing not later than April 1, 1982.

(d) The Governor shall publish the notices provided for in subsections (b) and (c) of this Section in appropriate newspapers, magazines and other periodicals, and utilize such other means of communicating with the next of kin that he finds to be practical and effective.

1–107. The Governor of the Canal Zone shall, before the entry into force of the Neutrality Treaty, fully advise the next of kin of all available options, and their implications, in those cases where a request has been made that remains not be removed from Mount Hope Cemetery.

1–108. The Secretary of the Army shall supervise the planned removal of the remains from Mount Hope Cemetery to Corozal Cemetery and shall ensure compliance with the wishes of any next of kin who, within the time specified in clause B(i) to the Third Reservation to the Neutrality Treaty, objects to such removal.

1–109. As used in this Order:

(a) "Next of kin" means the person whom the Governor of the Canal Zone determines to be the nearest living relative, by consanguinity or affinity, of a person buried at Mount Hope Cemetery or Corozal Cemetery.

(b) "Members of their immediate family" means the spouse, children, mother or father of the deceased United States citizen.

Jimmy Carter.      

§2112. Care and maintenance of Surrender Tree site

The American Battle Monuments Commission is responsible for the care and maintenance of the Surrender Tree site in Santiago, Cuba.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2112 36:123 note. Aug. 13, 1957, Pub. L. 85–125, 71 Stat. 344.

The last sentence of the Act of August 13, 1957 (Public Law 85–125, 71 Stat. 344), is omitted as obsolete.

§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. 8903 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 8906(b) of title 40;

(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 8906 of title 40, 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 8903(e) of title 40, the authority for the construction of the World War II memorial provided by Public Law 103–32 (40 U.S.C. 8903 note) expires on December 31, 2005.

(Added Pub. L. 106–117, title VI, §601(a)(1), Nov. 30, 1999, 113 Stat. 1576; amended Pub. L. 108–178, §4(h), Dec. 15, 2003, 117 Stat. 2641.)

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.

Amendments

2003—Subsec. (a)(2). Pub. L. 108–178, §4(h)(1), substituted "(40 U.S.C. 8903 note)" for "(40 U.S.C. 1003 note)".

Subsec. (c)(1). Pub. L. 108–178, §4(h)(2), substituted "section 8906(b) of title 40" for "section 8(b) of the Commemorative Works Act (40 U.S.C. 1008(b))".

Subsec. (e). Pub. L. 108–178, §4(h)(3), substituted "section 8906 of title 40" for "section 8 of the Commemorative Works Act (40 U.S.C. 1008)".

Subsec. (h). Pub. L. 108–178, §4(h)(4), substituted "section 8903(e) of title 40" for "section 10 of the Commemorative Works Act (40 U.S.C. 1010)" and "(40 U.S.C. 8903 note)" for "(40 U.S.C. 1003 note)".

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Effect of Repeal of Current Memorial Fund

Pub. L. 106–117, title VI, §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) [now 40 U.S.C. 8903 note] to the fund created by section 2113(b) of title 36, United States Code, as added by subsection (a)."

§2114. Intellectual property and related items

(a) Authority To Use and Register Intellectual Property.—The American Battle Monuments Commission may—

(1) adopt, use, register, and license trademarks, service marks, and other marks;

(2) obtain, use, register, and license the use of copyrights consistent with section 105 of title 17;

(3) obtain, use, and license patents; and

(4) accept gifts of marks, copyrights, patents, and licenses for use by the Commission.


(b) Authority To Grant Licenses.—The Commission may grant exclusive and nonexclusive licenses in connection with any mark, copyright, patent, or license for the use of such mark, copyright or patent, except to the extent the grant of such license by the Commission would be contrary to any contract or license by which the use of the mark, copyright, or patent was obtained.

(c) Enforcement Authority.—The Commission may enforce any mark, copyright, or patent by an action in the district courts under any law providing for the protection of such marks, copyrights, or patents.

(d) Legal Representation.—The Attorney General shall furnish the Commission with such legal representation as the Commission may require under subsection (c). The Secretary of Defense shall provide representation for the Commission in administrative proceedings before the Patent and Trademark Office and Copyright Office.

(e) Irrevocability of Transfers of Copyrights to Commission.—Section 203 of title 17 shall not apply to any copyright transferred in any manner to the Commission.

(Added Pub. L. 106–117, title VI, §603(a), Nov. 30, 1999, 113 Stat. 1579.)

CHAPTER 23—UNITED STATES HOLOCAUST MEMORIAL MUSEUM

Sec.
2301.
Establishment of the United States Holocaust Memorial Museum; functions.
2302.
Functions of the Council; membership.
2303.
Compensation; travel expenses; full-time officers or employees of United States or Members of Congress.
2304.
Administrative provisions.
2305.
Staff.
2306.
Insurance for Museum.
2307.
Gifts, bequests, and devises of property; tax treatment.
2308.
Annual report.
2309.
Audit of financial transactions.
2310.
Authorization of appropriations.

        

Prior Provisions

A prior chapter 23, consisting of sections 2301 to 2309, related to the United States Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292, §1.

Amendments

2006—Pub. L. 109–284, §5(3), Sept. 27, 2006, 120 Stat. 1211, substituted "Museum" for "museum" in item 2306.

§2301. Establishment of the United States Holocaust Memorial Museum; functions

The United States Holocaust Memorial Museum (hereafter in this chapter referred to as the "Museum") is an independent establishment of the United States Government. The Museum shall—

(1) provide for appropriate ways for the Nation to commemorate the Days of Remembrance, as an annual, national, civic commemoration of the Holocaust, and encourage and sponsor appropriate observances of such Days of Remembrance throughout the United States;

(2) operate and maintain a permanent living memorial museum to the victims of the Holocaust, in cooperation with the Secretary of the Interior and other Federal agencies as provided in section 2304 of this title; and

(3) carry out the recommendations of the President's Commission on the Holocaust in its report to the President of September 27, 1979, to the extent such recommendations are not otherwise provided for in this chapter.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1030; amended Pub. L. 109–284, §5(4), Sept. 27, 2006, 120 Stat. 1211; Pub. L. 113–237, §3(c)(2), Dec. 18, 2014, 128 Stat. 2840.)

Prior Provisions

A prior section 2301, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1277, related to the establishment and purposes of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

Amendments

2014—Par. (2). Pub. L. 113–237 substituted "section 2304" for "section 2306".

2006—Pub. L. 109–284 substituted "United States Government" for "United State Government" in introductory provisions.

Transfer of Auditors West Building (Annex 3); Responsibility for Repairs and Alterations

Pub. L. 101–45, title II, June 30, 1989, 103 Stat. 125, provided that:

"Notwithstanding any other provision of law, the Administrator of General Services (Administrator) shall transfer to the administrative jurisdiction of the Holocaust Memorial Council (Council), without consideration, the Auditors West Building (Annex 3) located at Raoul Wallenberg Place and Independence Avenue Southwest, Washington, District of Columbia.

"Prior to such transfer of jurisdiction to the Council, the Council shall agree to perform all necessary repairs and alterations to the Auditors West Building so as to renovate the exterior of the Auditors West Building in a manner consistent with preservation of the historic architecture of the building, and to preserve the structural integrity of the building. The Council, prior to such transfer, shall furnish to the Administrator, for his approval, a plan detailing the repairs and alterations proposed, dates for completion of the work, and funding availability.

"In the event the Council ceases to exist, administrative jurisdiction of the Auditors West Building (Annex 3) shall revert to the General Services Administration."

§2302. Functions of the Council; membership

(a) In General.—The United States Holocaust Memorial Council (hereafter in this chapter referred to as the "Council") shall be the board of trustees of the Museum and shall have overall governance responsibility for the Museum, including policy guidance and strategic direction, general oversight of Museum operations, and fiduciary responsibility. The Council shall establish an Executive Committee which shall exercise ongoing governance responsibility when the Council is not in session.

(b) Composition of Council; Appointment; Vacancies.—The Council shall consist of 65 voting members appointed (except as otherwise provided in this section) by the President and the following ex officio nonvoting members:

(1) One appointed by the Secretary of the Interior.

(2) One appointed by the Secretary of State.

(3) One appointed by the Secretary of Education.


Of the 65 voting members, five shall be appointed by the Speaker of the United States House of Representatives from among Members of the United States House of Representatives and five shall be appointed by the President pro tempore of the United States Senate upon the recommendation of the majority and minority leaders from among Members of the United States Senate. Any vacancy in the Council shall be filled in the same manner as the original appointment was made.

(c) Term of Office.—

(1) Except as otherwise provided in this subsection, Council members shall serve for 5-year terms.

(2) The terms of the five Members of the United States House of Representatives and the five Members of the United States Senate appointed during any term of Congress shall expire at the end of such term of Congress.

(3) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member, other than a Member of Congress appointed by the Speaker of the United States House of Representatives or the President pro tempore of the United States Senate, may serve after the expiration of his term until his successor has taken office.


(d) Chairperson and Vice Chairperson; Term of Office.—The Chairperson and Vice Chairperson of the Council shall be appointed by the President from among the members of the Council and such Chairperson and Vice Chairperson shall each serve for terms of 5 years.

(e) Reappointment.—Members whose terms expire may be reappointed, and the Chairperson and Vice Chairperson may be reappointed to those offices.

(f) Bylaws.—The Council shall adopt bylaws to carry out its functions under this chapter. The Chairperson may waive a bylaw when the Chairperson decides that waiver is in the best interest of the Council. Immediately after waiving a bylaw, the Chairperson shall send written notice of the waiver to every voting member of the Council. The waiver becomes final 30 days after the notice is sent unless a majority of Council members disagree in writing before the end of the 30-day period.

(g) Quorum.—One-third of the members of the Council shall constitute a quorum, and any vacancy in the Council shall not affect its powers to function.

(h) Associated Committees.—Subject to appointment by the Chairperson, an individual who is not a member of the Council may be designated as a member of a committee associated with the Council. Such an individual shall serve without cost to the Federal Government.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1031.)

Prior Provisions

A prior section 2302, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1277, related to the membership of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

§2303. Compensation; travel expenses; full-time officers or employees of United States or Members of Congress

(a) In General.—Except as provided in subsection (b) of this section, members of the Council are each authorized to be paid the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5, for each day (including travel time) during which they are engaged in the actual performance of duties of the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5.

(b) Exception.—Members of the Council who are full-time officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Council.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1032.)

Prior Provisions

A prior section 2303, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1278, related to the Executive Director of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

§2304. Administrative provisions

(a) Experts and Consultants.—The Museum may obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, at rates not to exceed the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5.

(b) Authority To Contract.—The Museum may, in accordance with applicable law, enter into contracts and other arrangements with public agencies and with private organizations and persons and may make such payments as may be necessary to carry out its functions under this chapter.

(c) Assistance From Other Federal Departments and Agencies.—The Secretary of the Smithsonian Institution, the Library of Congress, and the heads of all executive branch departments, agencies, and establishments of the United States may assist the Museum in the performance of its functions under this chapter.

(d) Administrative Services and Support.—The Secretary of the Interior may provide administrative services and support to the Museum on a reimbursable basis.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1032.)

Prior Provisions

A prior section 2304, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1278, related to gifts, bequests, and devises of property to the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

§2305. Staff

(a) Establishment of the Museum Director as Chief Executive Officer.—There shall be a director of the Museum (hereafter in this chapter referred to as the "Director") who shall serve as chief executive officer of the Museum and exercise day-to-day authority for the Museum. The Director shall be appointed by the Chairperson of the Council, subject to confirmation of the Council. The Director may be paid with nonappropriated funds, and, if paid with appropriated funds shall be paid the rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5. The Director shall report to the Council and its Executive Committee through the Chairperson. The Director shall serve at the pleasure of the Council.

(b) Appointment of Employees.—The Director shall have authority to—

(1) appoint employees in the competitive service subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and general schedule pay rates;

(2) appoint and fix the compensation (at a rate not to exceed the rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5) of up to three employees notwithstanding any other provision of law; and

(3) implement the decisions and strategic plan for the Museum, as approved by the Council, and perform such other functions as may be assigned from time-to-time by the Council, the Executive Committee of the Council, or the Chairperson of the Council, consistent with this legislation.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1032.)

Prior Provisions

A prior section 2305, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1278, related to the establishment of the memorial museum, prior to the general amendment of this chapter by Pub. L. 106–292.

§2306. Insurance for Museum

The Museum shall maintain insurance on the memorial museum to cover such risks, in such amount, and containing such terms and conditions as the Museum deems necessary.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1033.)

Prior Provisions

A prior section 2306, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1279, related to audits of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

§2307. Gifts, bequests, and devises of property; tax treatment

The Museum may solicit, and the Museum may accept, hold, administer, invest, and use gifts, bequests, and devises of property, both real and personal, and all revenues received or generated by the Museum to aid or facilitate the operation and maintenance of the memorial museum. Property may be accepted pursuant to this section, and the property and the proceeds thereof used as nearly as possible in accordance with the terms of the gift, bequest, or devise donating such property. Funds donated to and accepted by the Museum pursuant to this section or otherwise received or generated by the Museum are not to be regarded as appropriated funds and are not subject to any requirements or restrictions applicable to appropriated funds. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift, bequest, or devise to the United States.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1033.)

Prior Provisions

A prior section 2307, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1279, provided for administrative provisions, prior to the general amendment of this chapter by Pub. L. 106–292.

§2308. Annual report

The Director shall transmit to Congress an annual report on the Director's stewardship of the authority to operate and maintain the memorial museum. Such report shall include the following:

(1) An accounting of all financial transactions involving donated funds.

(2) A description of the extent to which the objectives of this chapter are being met.

(3) An examination of future major endeavors, initiatives, programs, or activities that the Museum proposes to undertake to better fulfill the objectives of this chapter.

(4) An examination of the Federal role in the funding of the Museum and its activities, and any changes that may be warranted.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1033.)

Prior Provisions

A prior section 2308, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280, required the Executive Director to submit an annual report to Congress, prior to the general amendment of this chapter by Pub. L. 106–292.

§2309. Audit of financial transactions

Financial transactions of the Museum, including those involving donated funds, shall be audited by the Comptroller General as requested by Congress, in accordance with generally accepted auditing standards. In conducting any audit pursuant to this section, appropriate representatives of the Comptroller General shall have access to all books, accounts, financial records, reports, files and other papers, items or property in use by the Museum, as necessary to facilitate such audit, and such representatives shall be afforded full facilities for verifying transactions with the balances.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1034.)

Prior Provisions

A prior section 2309, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280, related to authorization of appropriations, prior to the general amendment of this chapter by Pub. L. 106–292.

§2310. Authorization of appropriations

To carry out the purposes of this chapter, there are authorized to be appropriated such sums as may be necessary. Notwithstanding any other provision of law, none of the funds authorized to carry out this chapter may be made available for construction. Authority to enter into contracts and to make payments under this chapter, using funds authorized to be appropriated under this chapter, shall be effective only to the extent, and in such amounts, as provided in advance in appropriations Acts.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1034.)

CHAPTER 25—PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES

Sec.
2501.
Acceptance of voluntary services and money or property.
2502.
Authorization of appropriations.

        

§2501. Acceptance of voluntary services and money or property

The President's Committee on Employment of People With Disabilities—

(1) notwithstanding section 1342 of title 31, may accept voluntary and uncompensated services; and

(2) may solicit, accept, use, and dispose of any money or property the Committee receives.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280; Pub. L. 105–354, §1(3), Nov. 3, 1998, 112 Stat. 3239.)

Historical and Revision Notes
Pub. L. 105–225
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2501 36:155b. July 11, 1949, ch. 302, §2, as added Nov. 7, 1988, Pub. L. 100–630, title III, §301(b)(3), 102 Stat. 3316.

In clause (2), the words "in the name of the Committee", "in furtherance of this resolution", "real, personal, or mixed, tangible or nontangible", and "by gift, devise, bequest, or otherwise" are omitted as unnecessary.

Pub. L. 105–354

This amends section 2501(2) of title 36 to reflect a change made by section 413 of the Workforce Investment Act of 1998 (Public Law 105–220, Aug. 7, 1998, 112 Stat. 1241).

Amendments

1998—Par. (2). Pub. L. 105–354 inserted "solicit," before "accept,".

§2502. Authorization of appropriations

(a) General.—Amounts necessary for the work of the President's Committee on Employment of People With Disabilities are authorized to be appropriated for the fiscal year ending September 30, 1997, to be expended in the manner and by agencies the President may direct.

(b) Uses.—Amounts appropriated under this section are to be used to carry out the purposes of the National Disability Employment Awareness Month and to enable the President to provide the Committee with adequate personnel to assist in its activities, and otherwise to provide the Committee with the means of carrying out a program to promote the employment of individuals with disabilities, by—

(1) creating interest throughout the United States in the rehabilitation and employment of such individuals; and

(2) obtaining and maintaining cooperation from all public and private groups in the field.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2502 36:155a. July 11, 1949, ch. 302, §1, 63 Stat. 409; Aug. 3, 1954, ch. 655, §5, 68 Stat. 665; Sept. 13, 1960, Pub. L. 86–772, 74 Stat. 913; June 24, 1964, Pub. L. 88–321, 78 Stat. 221; Nov. 8, 1965, Pub. L. 89–333, §14, 79 Stat. 1294; July 7, 1968, Pub. L. 90–391, §14, 82 Stat. 306; Oct. 21, 1986, Pub. L. 99–506, title IX, §902, 100 Stat. 1841; Nov. 7, 1988, Pub. L. 100–630, title III, §301(b)(1), (2), 102 Stat. 3316; June 6, 1991, Pub. L. 102–52, §9(b), 105 Stat. 263; Oct. 29, 1992, Pub. L. 102–569, title IX, §914, 106 Stat. 4488.

In subsection (a), authorizations of appropriations for fiscal years 1993–1996 are omitted as obsolete.