rent expenses. Each investment shall be made in an inter-
est 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 of the Com-
mission, has a maturity suitable for the memorial fund.
‘‘(d) USE OF MEMORIAL FUND.—The memorial fund
shall be available to the Commission for—
‘‘(1) the expenses of establishing the World
War II memorial, including the maintenance and
preservation amount provided for in section 8(b) of
the Commemorative Works Act (40 U.S.C. 1008(b));
‘‘(2) such other expenses, other than routine
maintenance, with respect to the World War II me-
morial 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 2103(l) of this title to aid or facilitate
the construction of the World War II memorial.
‘‘(e) SPECIAL BORROWING AUTHORITY.—(1) To as-
sure that groundbreaking, construction, and dedication of
the World War II memorial are completed on a timely
basis, the Commission may borrow money from the Treas-
ury of the United States in such amounts as the Commis-
sion 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 of the Treasury, 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 Com-
mission and the Secretary of the Treasury, except that
the maturities may not exceed 20 years and such bor-
rowings may be redeemable at the option of the Commis-
sion before maturity.
‘‘(3) The obligations of the Commission shall be
issued in amounts and at prices approved by the Secretary
of the Treasury. The authority of the Commission to issue
obligations under this subsection shall remain available
without fiscal year limitation. The Secretary of the Treas-
ury 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 trans-
action 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 Com-
mission’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 memorial fund. The
Commission may not use for such purpose any funds ap-
propriated for any other activities of the Commission.
‘‘(f) TREATMENT OF BORROWING AUTHORITY.—In
determining whether the Commission has sufficient funds
to complete construction of the World War II memorial,
as required by section 8 of the Commemorative Works Act
(40 U.S.C. 1008), the Secretary of the Interior shall con-
sider the funds that the Commission may borrow from the
Treasury under subsection (e) as funds available to com-
plete construction of the memorial, whether or not the
Commission has actually exercised the authority to borrow
such funds.
‘‘(g) VOLUNTARY SERVICES.—(1) Notwithstanding
section 1342 of title 31, the Commission may accept from
any person voluntary services to be provided in further-
ance of the fund-raising activities of the Commission relat-
ing 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 compensa-
tion for work-related injuries, and chapter 171 of title 28,
relating to tort claims. A volunteer who is not otherwise
employed by the Federal Government shall not be consid-
ered to be a Federal employee for any other purpose by
reason of the provision of such voluntary service, except
that any volunteers given responsibility for the handling
of funds or the carrying out of a Federal function are sub-
ject 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, Code of Federal Regula-
tions.
‘‘(3) The Commission may provide for reimbursement
of incidental expenses which are incurred by a person pro-
viding voluntary services under this subsection. The Com-
mission shall determine which expenses are eligible for re-
imbursement under this paragraph.
‘‘(4) Nothing in this subsection shall be construed to
require Federal employees to work without compensation
or to allow the use of volunteer services to displace or re-
place Federal employees.
‘‘(h) TREATMENT OF CERTAIN CONTRACTS.—A con-
tract entered into by the Commission for the design or
construction of the World War II memorial is not funding
agreement as that term is defined in section 201 of title
35.
‘‘(i) EXTENSION OF AUTHORITY TO ESTABLISH ME-
MORIAL.—Notwithstanding section 10 of the Commemora-
tive Works Act (40 U.S.C. 1010), the legislative author-
ization for the construction of the World War II memorial
contained in Public Law 103–32 (107 Stat. 90) shall not
expire until December 31, 2005.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2113. World War II memorial in the District of Columbia.’’.
(b) CONFORMING AMENDMENTS.—Public Law 103–
32 (107 Stat. 90) is amended by striking sections 3, 4,
and 5.
(c) EFFECT OF REPEAL OF CURRENT MEMORIAL
FUND.—Upon the enactment of this Act, the Secretary
of the Treasury shall transfer amounts in the fund created
by section 4(a) of Public Law 103–32 (107 Stat. 91) to
the fund created by section 2113 of title 36, United States
Code, as added by subsection (a).
SEC. 3. GENERAL AUTHORITY OF AMERICAN BATTLE
MONUMENTS COMMISSION TO SOLICIT AND
RECEIVE CONTRIBUTIONS.
Subsection (e) of section 2103 of title 36, United
States Code, is amended to read as follows:
‘‘(e) SOLICITATION
AND RECEIPT
OF CONTRIBU-
TIONS.—(1) The Commission may solicit and receive
funds and in-kind donations and gifts from any State, mu-
nicipal, 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 this ac-
count shall be disbursed upon vouchers approved by the
Chairman of the Commission as well as by a Federal offi-
cial authorized to sign payment vouchers.
‘‘(2) The Commission shall establish written guide-
lines 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 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 appear-
ance of the integrity of the programs of the Commis-
sion or any official involved in those programs.’’.
SEC. 4. INTELLECTUAL PROPERTY AND RELATED ITEMS.
Section 2103 of title 36, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(l) INTELLECTUAL
PROPERTY
AND
RELATED
ITEMS.—(1) The Commission may—
‘‘(A) adopt, use, register, and license trade-
marks, service marks, and other marks;
‘‘(B) obtain, use, register, and license the use
of copyrights consistent with section 105 of title 17;
‘‘(C) obtain, use, and license patents; and
‘‘(D) accept gifts of marks, copyrights, patents
and licenses for use by the Commission.
‘‘(2) The Commission may grant exclusive and non-
exclusive licenses in connection with any mark, copyright,
patent, or license for the use of such mark, copyright or
patent, except to extent the grant of such license by the
Commission would be contrary to any contract or license
by which the use of such mark, copyright or patent was
obtained.
‘‘(3) The Commission may enforce any mark, copy-
right, or patent by an action in the district courts under
any law providing for the protection of such marks, copy-
rights, or patents.
‘‘(4) The Attorney General shall furnish the Commis-
sion with such legal representation as the Commission