36 U.S.C. § 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)

section 405 of title 37 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 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. 105–225Aug. 12, 1998112 Stat. 1269 Pub. L. 106–117, title VI, § 604(1)Nov. 30, 1999113 Stat. 1580 Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B)Dec. 31, 2011125 Stat. 1465 Pub. L. 112–239, div. A, title X, § 1076(a)(9)Jan. 2, 2013126 Stat. 1948 Pub. L. 117–263, div. A, title VI, § 626(g)Dec. 23, 2022136 Stat. 2629(, , ; , , ; , , ; , , ; , , .)

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.

Public Law 104–204 110 Stat. 2907Subsection (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 (, ). 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

Amendments

Pub. L. 117–2632022—Subsec. (b)(2). substituted “section 405” for “section 475”.

Pub. L. 112–239, § 1076(a)(9)Pub. L. 112–81, § 631(f)(4)(B)2013—Subsec. (b)(2). , made technical amendment to directory language of . See 2011 Amendment note below.

Pub. L. 112–81, § 631(f)(4)(B)Pub. L. 112–239, § 1076(a)(9)2011—Subsec. (b)(2). , as amended by , substituted “475” for “405”.

Pub. L. 106–117, § 604(1)(A)1999—Subsec. (b)(2). , struck out “, United States Code,” after “title 37”.

Pub. L. 106–117, § 604(1)(B)Subsec. (b)(3). , struck out “, United States Code,” after “title 5”.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, § 1076(a)Jan. 2, 2013126 Stat. 1947Dec. 31, 2011Pub. L. 112–81, , , provided that the amendment made by section 1076(a)(9) is effective , and as if included in as enacted.