Subtitle I—Patriotic and National Observances and Ceremonies
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Page 11 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS TABLE SHOWING DISPOSITION OF ALL SECTIONS OF ‘‘(c) CONTINUING EFFECT.—An order, rule, or regula- FORMER TITLE 36—Continued tion in effect under a law replaced by section 1 or 2 of this Act continues in effect under the corresponding Title 36 Title 36 provision enacted by this Act until repealed, amended, Former Sections New Sections or superseded. 5908(f) ...................................... 21003 ‘‘(d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An 5908(g) (related to member- 21004 action taken or an offense committed under a law re- ship). placed by section 1 or 2 of this Act is deemed to have 5908(g) (related to directors 21005 been taken or committed under the corresponding pro- and officers). vision enacted by this Act. 5909 ......................................... 21011 ‘‘(e) INFERENCES.—An inference of a legislative con- 5910 ......................................... 21009 5911 ......................................... 21012 struction is not to be drawn by reason of the location 5912 ......................................... 10102 in the United States Code of a provision enacted by this 5913 (related to termination of 21002 Act or by reason of a caption or catch line of the provi- charter). sion. 5913 (related to duty to main- 21008 ‘‘(f) SEVERABILITY.—If a provision enacted by this Act tain status). is held invalid, all valid provisions that are severable 5914 ......................................... 21002 from the invalid provision remain in effect. If a provi- 5915 ......................................... 21001 sion enacted by this Act is held invalid in any of its ap- plications, the provision remains valid for all valid ap- ENACTING CLAUSE plications that are severable from any of the invalid Pub. L. 105–225, § 1, Aug. 12, 1998, 112 Stat. 1253, pro- applications.’’ vided in part that: ‘‘Certain general and permanent laws of the United States, related to patriotic and na- REPEALS AND SAVINGS PROVISIONS tional observances, ceremonies, and organizations, are Pub. L. 105–354, § 5(a), Nov. 3, 1998, 112 Stat. 3245, pro- revised, codified, and enacted as title 36, United States vided that: ‘‘The repeal of a law by this Act may not be Code, ‘Patriotic and National Observances, Ceremonies, construed as a legislative inference that the provision and Organizations’ ’’. was or was not in effect before its repeal.’’ Pub. L. 105–354, § 5(b), Nov. 3, 1998, 112 Stat. 3245, re- LEGISLATIVE PURPOSE AND CONSTRUCTION pealed specified laws, except for rights and duties that Pub. L. 105–354, § 4, Nov. 3, 1998, 112 Stat. 3245, pro- matured, penalties that were incurred, and proceedings vided that: that were begun before Nov. 3, 1998. ‘‘(a) NO SUBSTANTIVE CHANGE.—(1) Section 1 of this Pub. L. 105–225, § 6(a), Aug. 12, 1998, 112 Stat. 1499, pro- Act restates, without substantive change, laws enacted vided that: ‘‘The repeal of a law by this Act may not be before September 5, 1998, that were replaced by section construed as a legislative inference that the provision 1. Section 1 may not be construed as making a sub- was or was not in effect before its repeal.’’ stantive change in the laws replaced. Pub. L. 105–225, § 6(b), Aug. 12, 1998, 112 Stat. 1499, re- ‘‘(2) Laws enacted after September 4, 1998, that are in- pealed specified laws, except for rights and duties that consistent with this Act supersede this Act to the ex- matured, penalties that were incurred, and proceedings tent of the inconsistency. that were begun before Aug. 12, 1998. ‘‘(b) REFERENCES.—A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding pro- Subtitle I—Patriotic and National vision enacted by this Act. Observances and Ceremonies ‘‘(c) CONTINUING EFFECT.—An order, rule, or regula- tion in effect under a law replaced by this Act con- PART A—OBSERVANCES AND CEREMONIES tinues in effect under the corresponding provision en- Chapter Sec. acted by this Act until repealed, amended, or super- 1. Patriotic and National Observ- seded. ‘‘(d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An ances ................................................... 101 action taken or an offense committed under a law re- 3. National Anthem, Motto, Floral placed by this Act is deemed to have been taken or Emblem March, and Tree .............. 301 committed under the corresponding provision enacted 5. Presidential Inaugural Ceremonies 501 by this Act. 7. Federal Participation in Carl Gar- ‘‘(e) INFERENCES.—An inference of a legislative con- ner Federal Lands Cleanup Day .. 701 struction is not to be drawn by reason of the location 9. Miscellaneous ....................................... 901 in the United States Code of a provision enacted by this Act or by reason of a heading of the provision. PART B—UNITED STATES GOVERNMENT ORGANIZATIONS ‘‘(f) SEVERABILITY.—If a provision enacted by this Act INVOLVED WITH OBSERVANCES AND CEREMONIES is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provi- 21. American Battle Monuments Com- sion enacted by this Act is held invalid in any of its ap- mission ............................................... 2101 plications, the provision remains valid for all valid ap- 23. United States Holocaust Memorial plications that are severable from any of the invalid Council ............................................... 2301 applications.’’ 25. President’s Committee on Employ- Pub. L. 105–225, § 5, Aug. 12, 1998, 112 Stat. 1499, pro- ment of People With Disabilities 2501 vided that: ‘‘(a) NO SUBSTANTIVE CHANGE.—Sections 1 and 2 of AMENDMENTS this Act restate, without substantive change, laws en- 2004—Pub. L. 108–447, div. J, title I, § 109(b)(1), Dec. 8, acted before August 16, 1997, that were replaced by 2004, 118 Stat. 3344, substituted ‘‘March, and Tree’’ for those sections. Those sections may not be construed as ‘‘, and March’’ in item for chapter 3. making a substantive change in the laws replaced. Laws enacted after August 15, 1997, that are inconsist- PART A—OBSERVANCES AND CEREMONIES ent with this Act supersede this Act to the extent of the inconsistency. CHAPTER 1—PATRIOTIC AND NATIONAL ‘‘(b) REFERENCES.—A reference to a law replaced by OBSERVANCES section 1 or 2 of this Act, including a reference in a reg- ulation, order, or other law, is deemed to refer to the Sec. corresponding provision enacted by this Act. 101. American Heart Month. TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 12 AND ORGANIZATIONS Sec. activities are fitting and proper to honor Ronald 102. Asian/Pacific American Heritage Month. Reagan on the occasion of the 100th anniversary of 103. Cancer Control Month. his birth; and 104. Carl Garner Federal Lands Cleanup Day. ‘‘(4) submit to the President and Congress reports 105. Child Health Day. pursuant to section 7. 106. Constitution Day and Citizenship Day. 107. Columbus Day. ‘‘SEC. 4. MEMBERSHIP. 108. Constitution Week. ‘‘(a) NUMBER AND APPOINTMENT.—The Commission 109. Father’s Day. shall be composed of 11 members as follows: 110. Flag Day. ‘‘(1) The Secretary of the Interior. 111. Gold Star Mother’s Day. ‘‘(2) Four members appointed by the President after 112. Honor America Days. considering the recommendations of the Board of 113. Law Day, U.S.A. Trustees of the Ronald Reagan Foundation. 114. Leif Erikson Day. ‘‘(3) Two Members of the House of Representatives 115. Loyalty Day. appointed by the Speaker of the House of Representa- 116. Memorial Day. tives. 117. Mother’s Day. ‘‘(4) One Member of the House of Representatives 118. National Aviation Day. appointed by the minority leader of the House of Rep- 119. National Day of Prayer. resentatives. 120. National Defense Transportation Day. ‘‘(5) Two Members of the Senate appointed by the 121. National Disability Employment Awareness majority leader of the Senate. Month. ‘‘(6) One Member of the Senate appointed by the mi- 122. National Flag Week. nority leader of the Senate. 123. National Forest Products Week. ‘‘(b) EX OFFICIO MEMBER.—The Archivist of the 124. National Freedom Day. United States shall serve in an ex officio capacity on 125. National Grandparents Day. the Commission to provide advice and information to 126. National Hispanic Heritage Month. the Commission. 127. National Korean War Veterans Armistice ‘‘(c) TERMS.—Each member shall be appointed for the Day. life of the Commission. 128. National Maritime Day. ‘‘(d) DEADLINE FOR APPOINTMENT.—All members of the 129. National Pearl Harbor Remembrance Day. Commission shall be appointed not later than 90 days 130. National Poison Prevention Week. after the date of the enactment of this Act [June 2, 131. National Safe Boating Week. 2009]. 132. National School Lunch Week. ‘‘(e) VACANCIES.—A vacancy on the Commission 133. National Transportation Week. shall— 134. Pan American Aviation Day. ‘‘(1) not affect the powers of the Commission; and 135. Parents’ Day. ‘‘(2) be filled in the manner in which the original 136. Peace Officers Memorial Day. appointment was made. 137. Police Week. ‘‘(f) RATES OF PAY.—Members shall not receive com- 138. Save Your Vision Week. pensation for the performance of their duties on behalf 139. Steelmark Month. of the Commission. 140. Stephen Foster Memorial Day. ‘‘(g) TRAVEL EXPENSES.—Each member of the Com- 141. Thomas Jefferson’s birthday. mission shall be reimbursed for travel and per diem in 142. White Cane Safety Day. lieu of subsistence expenses during the performance of 143. Wright Brothers Day. duties of the Commission while away from home or his 144. Patriot Day. or her regular place of business, in accordance with ap- plicable provisions under subchapter I of chapter 57 of AMENDMENTS title 5, United States Code. 2004—Pub. L. 108–447, div. J, title I, § 111(c)(2), Dec. 8, ‘‘(h) QUORUM.—A majority of the members of the 2004, 118 Stat. 3345, inserted ‘‘Constitution Day and’’ be- Commission shall constitute a quorum to conduct busi- fore ‘‘Citizenship Day’’ in item 106.