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LegalText 36 U.S.C. § 2101 Membership us united_states_code code_section 36 PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS 21 AMERICAN BATTLE MONUMENTS COMMISSION 2101 36 U.S.C. § 2101 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc36@119-100.zip /us/usc/t36/s2101 data/legal/raw/us/code/title-36/usc36.xml 21381d780c7215ac503e22ed3bbc8c6755c3f4e3a03041817b4cdc544ec23df1 d8bb3c94f12bbd56e49d7a2bc029b1f4ab0bb8b69327e9ddbdf94d7adcac580d fcb707f47cdd9cd0af63cab22db628e0ba50c38d0398c08353c0b75f22e4d426 2026-07-04 official
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36 U.S.C. § 2101 - Membership

Text

(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 405 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. 105225, Aug. 12, 1998, 112 Stat. 1269; Pub. L. 106117, title VI, § 604(1), Nov. 30, 1999, 113 Stat. 1580; Pub. L. 11281, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117263, div. A, title VI, § 626(g), Dec. 23, 2022, 136 Stat. 2629.)

Notes

Historical and Revision Notes RevisedSectionSource (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. 101237, 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. 91480, 84 Stat. 1081; Apr. 1, 1976, Pub. L. 94256, 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. 104204, 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 104204, 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.

Editorial Notes

Amendments2022—Subsec. (b)(2). Pub. L. 117263 substituted “section 405” for “section 475”. 2013—Subsec. (b)(2). Pub. L. 112239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 11281, § 631(f)(4)(B). See 2011 Amendment note below. 2011—Subsec. (b)(2). Pub. L. 11281, § 631(f)(4)(B), as amended by Pub. L. 112239, § 1076(a)(9), substituted “475” for “405”. 1999—Subsec. (b)(2). Pub. L. 106117, § 604(1)(A), struck out “, United States Code,” after “title 37”. Subsec. (b)(3). Pub. L. 106117, § 604(1)(B), struck out “, United States Code,” after “title 5”.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 AmendmentPub. L. 112239, 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. 11281 as enacted.