for the preceding fiscal year: Provided, however, That said report shall not be printed as a public document. (May 28, 1936, ch. 471, § 49 Stat. 1391; Aug. 30, 1964, Pub. L. 88-504, § 4(10), 78 Stat. 637.) AMENDMENTS 1964-Pub. L. 88-504 deleted “, including a full and complete report of its receipts and expenditures" following "fiscal year" and "financial" preceding “report shall not be printed." § 119. Agents for service of process As a condition precedent to the exercise of any power or privilege herein granted or conferred, the Veterans of Foreign Wars of the United States shall file in the office of the Secretary of State of each State the name and post-office address of an authorized agent in such State upon whom legal process or demands against the Veterans of Foreign Wars of the United States may be served. (May 28, 1936, ch. 471, § 9, 49 Stat. 1391.) FEDERAL RULES OF CIVIL PROCEDURE Agent authorized by appointment or law to receive service of process, see rule 4, Title 28, Appendix, Judiciary and Judicial Procedure. § 120. Reservation of right to amend or repeal chapter The right to repeal, alter, or amend this chapter at any time is expressly reserved. (May 28, 1936, ch. 471, § 10, 49 Stat. 1391.) CHAPTER 8-AMERICAN BATTLE MONUMENTS Sec. 121. 121a. 121b. 122. 122a. 122b. 123. 124. 125. 125a. 126. 127. 128. COMMISSION American Battle Monuments Commission; appointment; secretary; terms of office; vacancies; expenses; designation and employment of personnel. Omitted. Station allowance for Army officers serving on Commission. Expenses of officers of Armed Forces serving on Commission. Reimbursement of agencies for salary, pay, (a) Cooperation with States, etc. (c) Demolition of war memorials erected on foreign soils and other functions of the Commission. (d) "Sponsors" defined. Erection of works in National Memorial Cemetery of the Pacific. Repealed. Arrangements with foreign countries. Funds received from States, municipalities, or private sources. 121. American Battle Monuments Commission; appointment; secretary; terms of office; vacancies; expenses; designation and employment of personnel The Commission, known as the American Battle Monuments Commission (referred to in sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title as the Commission), shall consist of not more than eleven members who shall be appointed by the President, who shall also appoint one officer of the Regular Army to serve as its secretary. The members and secretary shall serve at the pleasure of the President who shall fill any vacancies that from time to time occur. Notwithstanding any other provision of law, commissioned officers of the armed forces of the United States may be appointed members of the Commission. The members of the Commission shall serve as such without compensation, except that (1) their actual expenses in connection with the work of the Commission, (2) when in a travel status outside the continental United States, a per diem at the same rate prescribed for members of the uniformed services under section 405 of Title 37, in lieu of subsistence, and (3) when in a travel status within the continental United States, a per diem at the same rate authorized to be paid under sections 5702 and 5703 of Title 5, in lieu of subsistence, may be paid to such members from any funds appropriated for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, or acquired by other means hereinafter authorized. Upon the request of the Commission, the heads of the Federal departments or agencies are authorized to designate such personnel, and to make available to the Commission such facilities, of their respective departments or agencies, or of the Army, Navy, Air Force, or Marine Corps, as the case may be, as may be necessary to assist in carrying out the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, and may expend for such purposes any funds appropriated to such departments, agencies, and services, with reimbursement from the Commission for the pay and allowances of the personnel so designated. The Commission is authorized to employ such further personnel as may be necessary to carry out the purposes of such sections, within the limits of any appropriation or appropriations made for such purposes. To ensure adequate care and maintenance of the cemeteries, monuments, and memorials under the jurisdiction of the Commission, the Commission, subject to the availability of appropriations, shall employ (1) not less than 50 personnel in the competitive service (as defined in section 2102 of title 5, of whom not less than 43 shall be assigned to duty in foreign countries in which such cemeteries, monuments, and memorials are located, and (2) not less than 348 individuals who are citizens of the countries in which such cemeteries, monuments, and memorials are located, who shall be hired for local employment relating to the care and maintenance of such cemeteries, monuments, and memorials. No individual may be employed as the superintendent, or as an assistant superintendent, of a cemetery operated by the Commission unless such individual is a citizen of the United States. The provisions of this subsection shall take effect on the first day of the first calendar month following the date of enactment of this Act. (Mar. 4, 1923, ch. 283, § 1, 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; 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.) REFERENCES IN TEXT This subsection, referred to in text, probably refers to the second and third undesignated paragraphs of this section as amended by act July 25, 1956. The date of enactment of this Act, referred to in text, probably means the date of enactment of act July 25, 1956, which was approved July 25, 1956. AMENDMENTS 1980-Pub. L. 96-385, subject to available appropriations, required employment of at least 50 persons in the competitive service, including not less than 43 individuals for foreign assignment, for care and maintenance of cemeteries, monuments, and memorials, and at least 348 local citizens for employment at foreign locations. 1978-Pub. L. 95-479 added provision prohibiting the employment of an individual as superintendent or assistant superintendent of a cemetary unless such individual is a citizen of the United States. 1976-Pub. L. 94-256 substituted provisions authorizing the members of the Commission to receive a per diem at the same rate prescribed under section 405 of Title 37, when in a travel status outside the continental United States, and a per diem at the same rate authorized to be paid under sections 5702 and 5703 of Title 5 when in travel status within the continental United States, for provisions authorizing a per diem of $40 in lieu of subsistence when in travel status outside the continental United States, and a per diem at the same rate authorized to be paid under section 5703(c)(1) when in travel status within the continental United States. 1970-Pub. L. 91-480 substituted provisions authorizing members of the Commission to receive a per diem of $40 in lieu of subsistence when in a travel status outside the continental United States, and a per diem at the same rate authorized to be paid under section 5703(c)(1) of Title 5 when in a travel status within the continental United States, for provisions authorizing a per diem of $20 in lieu of subsistence when in a travel status. 1956-Act July 25, 1956, authorized payment of a per diem in lieu of subsistence, made the facilities of Federal departments or agencies available to the Commis sion, included personnel and facilities of the Air Force, and permitted expenditure of funds appropriated to Federal departments or agencies with reimbursement from the Commission. 1946-Act June 26, 1946, increased the number of Commission members from seven to eleven. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96-385, set out as a note under section 314 of Title 38, Veterans' Benefits. EFFECTIVE DATE OF 1978 Amendment Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401 of Pub. L. 95-479, set out as a note under section 314 of Title 38, Veterans' Benefits. APPROPRIATIONS Section 11 of act Mar. 4, 1923, authorized appropriations to effectuate original provisions of act Mar. 4, 1923, which were classified to sections 121 and 123 to 132 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 125, 127, 128, 138a, 138b of this title. § 121a. Omitted CODIFICATION Section, act Mar. 28, 1946, ch. 113, title I, § 101, 60 Stat. 60, which authorized the Commission to delegate to its chairman, secretary, or officials in charge of either the Washington or Paris offices such of its authority as it deemed necessary and proper, was from the Independent Offices Appropriation Act, 1947, and was not repeated in subsequent appropriation acts. § 121b. Station allowance for Army officers serving on Commission Where station allowance has been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations. (Sept. 30, 1982, Pub. L. 97-272, title II, § 201, 96 Stat. 1165.) CODIFICATION Section is from the appropriation act cited as the credit to this section. SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Dec. 23, 1981, Pub. L. 97-101, title II, § 201, 95 Stat. 1422. Dec. 15, 1980, Pub. L. 96-526, title II, § 201, 94 Stat. 3050. Nov. 5, 1979, Pub. L. 96-103, title II, § 201, 93 Stat. 775. Sept. 30, 1978, Pub. L. 95-392, title II, § 201, 92 Stat. 795. Oct. 4, 1977, Pub. L. 95-119, title II, § 201, 91 Stat. 1077. Aug. 9, 1976, Pub. L. 94-378, title II, § 201, 90 Stat. 1098. Oct. 17, 1975, Pub. L. 94-116, title II, § 201, 89 Stat. 587. Sept. 6, 1974, Pub. L. 93-414, title II, § 201, 88 Stat. 1099. Nov. 27, 1973, Pub. L. 93-162, title V. § 501, 87 Stat. 653. Oct. 25, 1972, Pub. L. 92-544, title V, § 501, 86 Stat. 1128. Aug. 10, 1971, Pub. L. 92-77, title V, § 501, 85 Stat. 264. Oct. 21, 1970, Pub. L. 91-472, title V, § 501, 84 Stat. 1058. Dec. 24, 1969, Pub. L. 91-153, title V, § 501, 83 Stat. 421. Aug. 9, 1968, Pub. L. 90-470, title V, § 501, 82 Stat. 686. Nov. 8, 1967, Pub. L. 90-133, title V, § 501, 81 Stat. 429. Nov. 8, 1966, Pub. L. 89-797, title V, § 501, 80 Stat. 1501. Sept. 2, 1965, Pub. L. 89-164, title V, § 501, 79 Stat. 639. Aug. 31, 1964, Pub. L. 88-527, title V, § 501, 78 Stat. 731. Dec. 30, 1963, Pub. L. 88-245, title V, § 501, 77 Stat. 796. Oct. 18, 1962, Pub. L. 87-843, title V, § 501, 76 Stat. 1100. Aug. 3, 1961, Pub. L. 87-125, title IV, § 401, 75 Stat. 279. July 12, 1960, Pub. L. 86-642, title I, § 101, 74 Stat. 475. July 8, 1959, Pub. L. 86-79, title I, § 101, 73 Stat. 164. June 25, 1958, Pub. L. 85-468, title I, § 101, 72 Stat. 223. June 5, 1957, Pub. L. 85-48, title I, § 101, 71 Stat. 52. CROSS REFERENCES Travel and transportation allowances to officers of the Army, see section 401 et seq. of Title 37, Pay and Allowances of the Uniformed Services. § 122. Expenses of officers of Armed Forces serving on Commission When traveling on business of the Commission, officers of the Armed Forces serving as members or as secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission. (Sept. 30, 1982, Pub. L. 97-272, title II, § 201, 96 Stat. 1165.) CODIFICATION Section is from the appropriation act cited as the credit to this section. SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Dec. 23, 1981, Pub. L. 97-101, title II, § 201, 95 Stat. 1422. Dec. 15, 1980, Pub. L. 96-526, title II, § 201, 94 Stat. 3050. Nov. 5, 1979, Pub. L. 96-103, title II, § 201, 93 Stat. 775. Sept. 30, 1978, Pub. L. 95-392, title II, § 201, 92 Stat. 795. Oct. 4, 1977, Pub. L. 95-119, title II, § 201, 91 Stat. 1077. Aug. 9, 1976, Pub. L. 94-378, title II, § 201, 90 Stat. 1099. Oct. 17, 1975, Pub. L. 94-116, title II, § 201, 89 Stat. 587. Sept. 6, 1974, Pub. L. 93-414, title II, § 201, 88 Stat. 1099. Nov. 27, 1973, Pub. L. 93-162, title V, § 501, 87 Stat. 653. Oct. 25, 1972, Pub. L. 92-544, title V, § 501, 86 Stat. 1128. Aug. 10, 1971, Pub. L. 92-77, title V, § 501, 85 Stat. 264. Oct. 21, 1970, Pub. L. 91-472, title V, § 501, 84 Stat. 1058. Dec. 24, 1969, Pub. L. 91-153, title V, § 501, 83 Stat. 421. Aug. 9, 1968, Pub. L. 90-470, title V, § 501, 82 Stat. 686. Nov. 8, 1967, Pub. L. 90-133, title V, § 501, 81 Stat. 429. Nov. 8, 1966, Pub. L. 89-797, title V, § 501, 80 Stat. 1501. Sept. 2, 1965, Pub. L. 89-164, title V, § 501, 79 Stat. 639. Aug. 31, 1964, Pub. L. 88-527, title V, § 501, 78 Stat. 731. Dec. 30, 1963, Pub. L. 88-245, title V, § 501, 77 Stat. 796. Oct. 18, 1962, Pub. L. 87-843, title V, § 501, 76 Stat. 1100. Aug. 3, 1961, Pub. L. 87-125, title IV, § 401, 75 Stat. 279. July 12, 1960, Pub. L. 86-642, title I, § 101, 74 Stat. 475. July 8, 1959, Pub. L. 86-79, title I, § 101, 73 Stat. 164. June 25, 1958, Pub. L. 85-468, title I, § 101, 72 Stat. 223. June 5, 1957, Pub. L. 85-48, title I, § 101, 71 Stat. 52. Aug. 24, 1949, ch. 506, title I, § 101, 63 Stat. 633. § 122a. Reimbursement of agencies for salary, pay, and allowances of assigned personnel The Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it. (Sept. 30, 1982, Pub. L. 97-272, title II, § 201, 96 Stat. 1165.) CODIFICATION Section is from the appropriation act cited as the credit to this section. SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Dec. 23, 1981, Pub. L. 97-101, title II, § 201, 95 Stat. 1422. Dec. 15, 1980, Pub. L. 96-526, title II, § 201, 94 Stat. 3050. Nov. 5, 1979, Pub. L. 96-103, title II, § 201, 93 Stat. 775. Sept. 30, 1978, Pub. L. 95-392, title II, § 201, 92 Stat. 795. Oct. 4, 1977, Pub. L. 95-119, title II, § 201, 91 Stat. 1077. Aug. 9, 1976, Pub. L. 94-378, title II, § 201, 90 Stat. 1099. Oct. 17, 1975, Pub. L. 94-116, title II, § 201, 89 Stat. 587. Sept. 6, 1974, Pub. L. 93-414, title II, § 201, 88 Stat. 1099. Nov. 27, 1973, Pub. L. 93-162, title V, § 501, 87 Stat. 653. Oct. 25, 1972, Pub. L. 92-544, title V, § 501, 86 Stat. 1128. Aug. 10, 1971, Pub. L. 92-77, title V, § 501, 85 Stat. 264. Oct. 21, 1970, Pub. L. 91-472, title V, § 501, 84 Stat. 1058. Dec. 24, 1969, Pub. L. 91-153, title V, § 501, 83 Stat. 421. Aug. 9, 1968, Pub. L. 90-470, title V, § 501, 82 Stat. 686. Nov. 8, 1967, Pub. L. 90-133, title V, § 501, 81 Stat. 429. Nov. 8, 1966, Pub. L. 89-797, title V, § 501, 80 Stat. 1501. Sept. 2, 1965, Pub. L. 89-164, title V, § 501, 79 Stat. 639. Aug. 31, 1964, Pub. L. 88-527, title V, § 501, 78 Stat. 731. Dec. 30, 1963, Pub. L. 88-245, title V, § 501, 77 Stat. 796. Oct. 18, 1962, Pub. L. 87-843, title V, § 501, 76 Stat. 1100. Aug. 3, 1961, Pub. L. 87-125, title IV, § 401, 75 Stat. 279. July 12, 1960, Pub. L. 86-642, title I, § 101, 74 Stat. 475. July 8, 1959, Pub. L. 86-79, title I, § 101, 73 Stat. 164. June 25, 1958, Pub. L. 85-468, title I, § 101, 72 Stat. 223. June 5, 1957, Pub. L. 85-48, title I, § 101, 71 Stat. 52. § 122b. Military cemeteries in foreign countries; deter mination as permanent cemeteries; selection of new sites; design and construction; maintenance; construction by Armed Forces; burials and reburials; re-entry When, as a result of combat operations, the Armed Forces shall establish military cemeteries in zones of operations outside the United States and its Territories and possessions, the Commission and the Secretary of the Army immediately upon the cessation of hostilities, shall determine which of the cemeteries so established, if any, shall become permanent cemeteries or, as they may deem desirable, select new sites at any other location for such cemeteries. The Commission shall be solely responsible for the design and construction of such permanent cemeteries, and of all buildings, plantings, headstones, and other permanent improvements incidental thereto except that (1) the Armed Forces shall be responsible for the maintenance of such permanent cemeteries until such time as the Commission shall express its readiness to assume the functions of administration hereinafter authorized, (2) all construction undertaken by the Armed Forces in establishing and maintaining the cemetery prior to its transfer to the Commission shall be nonpermanent in nature, (3) burials and reburials therein by the Armed Forces shall be carried out in accordance with plans prepared by the Commission, (4) the Armed Forces shall have the right to re-enter any cemeteries transferred to the Commission for the purpose of making exhumations or reinterments should they deem any such action to be necessary. (Mar. 4, 1923, ch. 283, § 2, as added July 25, 1956, ch. 721, § 3(a), 70 Stat. 640.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 127, 128, 138a, 138b of this title. § 123. Powers and duties as to memorials The Commission shall prepare plans and estimates for the erection of suitable memorials to commemorate the services of the American Armed Forces, and shall erect and maintain memorials in the United States and at such places outside the United States where the American Armed Forces have served since April 6, 1917, or shall hereafter serve, as the Commission shall determine. The Commission shall also erect and maintain works of architecture and art in such American cemeteries located outside of the United States, its Territories, and possessions, as have been or may hereafter be declared to be permanent cemeteries. Works of architecture and art erected by the Commission in cemeteries within the United States, its Territories and possessions, shall be maintained by the Department of Defense. The Commission shall control as to materials and design and provide regulations for, and supervise the erection of, all memorial monuments and buildings in American cemeteries located outside the United States, its Territories, and possessions. The Commission shall control as to design and provide regulations for the erection of all memorial monuments and buildings commemorating the services of the American Armed Forces erected in any foreign country or political division thereof which may authorize the Commission to perform such functions. (Mar. 4, 1923, ch. 283, § 3, formerly § 2, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; renumbered and amended July 25, 1956, ch. 721, §§ 2(b), 3(b), 70 Stat. 640, 641.) AMENDMENTS 1956-Act July 25, 1956, redesignated section 2 of act Mar. 4, 1923, as section 3 of that act, and, in that section, required maintenance of works of architecture and art by the Department of Defense and eliminated provisions which gave the Commission control over memorial monuments and buildings upon federally owned or controlled property in the United States or in its Territories and possessions, except national cemeteries. 1946-Act June 26, 1946, extended the authority and field of operations of the Commission to cover all battlefields and cemeteries throughout the world. TRANSFER OF FUNCTIONS The functions of the War Department [now Department of the Army] pertaining to national cemeteries and memorials located in foreign countries were transferred to the American Battle Monuments Commission by Ex. Ord. No. 6614, Feb. 26, 1934. Transfer of administration of national monuments to National Park Service, see Ex. Ord. No. 6166, § 2, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Ex. Ord. No. 6690, set out at end of Ex. Ord. No. 6614, provided that Ex. Ord. 6614 should become effective May 21, 1934. SURRENDER TREE SITE In Santiago, CUBA Pub. L. 85-125, Aug. 13, 1957, 71 Stat. 344, provided: "That the American Battle Monuments Commission is responsible for the care and maintenance of the Surrender Tree site in Santiago, Cuba. This Act takes effect on the next July 1, after the date of its enactment [Aug. 13, 1957)." CROSS REFERENCES National and international monuments and memorials generally, see section 431 et seq. of Title 16, Conservation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 122b, 125, 127, 128, 138a, 138b of this title. § 124. Approval of designs for memorials Before any design for any memorial is accepted by the Commission, it shall be approved by the National Commission of Fine Arts. (Mar. 4, 1923, ch. 283, § 4, formerly § 3, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 317, renumbered and amended July 25, 1956, ch. 721, §§ 2(b), 3(c), 70 Stat. 640, 641.) AMENDMENTS 1956-Act July 25, 1956, redesignated section 3 of act Mar. 4, 1923, as section 4 of that act, and eliminated provisions of that section which required prior approval of materials for memorials. 1946-Act June 26, 1946, reenacted section in toto. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 127, 128, 138a, 138b, 1381e of this title. § 125. Erection of war memorials (a) Cooperation with States, etc. The Commission is authorized to cooperate with American citizens, States, municipalities, or associations desiring to erect war memorials outside the continental limits of the United States in such manner as may be determined by the Commission: Provided, That no assistance in erecting any such memorial shall be given by any administrative agency of the United States unless the plan has been approved in accordance with the provisions of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title. (b) Control, administration, and maintenance of war memorials by the Commission (1) The Commission is authorized, in its discretion, to assume responsibility for the control, administration, and maintenance of any war memorial erected before, on, or after the effective date of this subsection outside the United States by an American citizen, a State, a political subdivision of a State, any other nonFederal governmental agency, foreign agency, or private association to commemorate the services of any of the American Armed Forces in hostilities occurring since April 6, 1917, if (A) the memorial is not erected on the territory of the former enemy concerned, and (B) the sponsors of the memorial consent to the Commission assuming such responsibilities and transfer to the Commission all their right, title, and interest in the memorial. If reasonable effort fails to locate the sponsors of a memorial, the Commission may assume responsibility therefor under this subsection by agreement with the appropriate foreign authorities. A decision of the Commission to assume responsibility for any war memorial under this subsection is final. (2) Any funds accumulated by the sponsors for the maintenance and repair of a war memorial for which the Commission assumes responsibility under this subsection may be transferred to the Commission for use in carrying out the purpose of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title. Any such funds so transferred shall be deposited by the Commission in the manner provided for in section 128 of this title. (c) Demolition of war memorials erected on foreign soils and other functions of the Commission The Commission is authorized to take necessary measures to demolish any war memorial erected on foreign soil by an American citizen, a State, a political subdivision of a State, any other non-Federal governmental agency, foreign agency, or private association and to dispose of the site of such memorial in such manner as it deems proper, if— (1) the appropriate foreign authorities agree to such demolition; and (2) the sponsors of the memorial consent to such demolition; or (3) the memorial has fallen into disrepair and a reasonable effort on the part of the Commission has failed (A) to persuade the sponsors to maintain the memorial at a standard acceptable to the Commission, or (B) to locate the sponsors. (d) "Sponsors" defined As used in this section, the term "sponsors" includes the legal successors to the sponsor. (Mar. 4, 1923, ch. 283, § 5, formerly § 4, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 317, renumbered July 25, 1956, ch. 721, § 2(b), 70 Stat. 640, and amended Jan. 2, 1974, Pub. L. 93-244, 87 Stat. 1070.) REFERENCES IN TEXT The effective date of this subsection, referred to in subsec. (b)(1), means the effective date of Pub. L. 93-244, which was approved Jan. 2, 1974. AMENDMENTS 1974-Pub. L. 93-244 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). |