36 U.S.C. § 2110 — Claims against the Commission

Page 64 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2110 (f) ANNUAL REPORT.—The Commission each year shall submit to the appropriate committees of Congress a report on amounts transferred under this section. (g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $3,000,000 to the Account. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1275.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2109(a) ........ 36:138c(a) (1st–3d sentences). Mar. 4, 1923, ch. 283, § 13, as added May 20, 1988, Pub. L. 100–322, title III, § 345(a), 102 Stat. 540. 2109(b) ........ 36:138c(b) (last sen- tence). 2109(c)(1) .... 36:138c(a) (last sen- tence), (b) (1st sentence). 2109(c)(2) .... 36:138c(d). 2109(c)(3) .... 36:138c(e). 2109(d) ........ 36:138c(c). 2109(e) ........ 36:138c(f). 2109(f) ........ 36:138c(g). 2109(g) ........ 36:138c note. May 20, 1988, Pub. L. 100–322, title III, § 345(b), 102 Stat. 540. § 2110. Claims against the Commission A claim against the American Battle Monu- ments Commission that is similar to a claim de- scribed in section 2734 of title 10, that is based on damage to, or loss or destruction of, prop- erty, or personal injury or death of an indi- vidual, and that is caused by the negligent or wrongful act or omission of an officer or civilian employee of the Commission acting within the scope of the officer’s or employee’s office or em- ployment, may be settled, decided, and paid as provided in section 2734 for the settlement of Army claims. However, the Secretary of the Army may appoint an officer or employee of the Commission to a claims commission or as an of- ficer to approve settlements of claims made by the claims commission. All payments in settle- ment of a claim shall be made out of appropria- tions made to carry out this chapter. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2110 ............ 36:138b (4th par.). Mar. 4, 1923, ch. 283, § 12 (4th par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§ 2(c), (d), 4(c)(3), 70 Stat. 640, 642. The words ‘‘section 2734 of title 10’’ and ‘‘section 2734’’ are substituted for ‘‘the first section of the Act entitled ‘An Act to provide for the prompt settlement of claims for damages occasioned by Army, Navy, and Marine Corps forces in foreign countries’, approved January 2, 1942 (55 Stat. 880, as amended; 31 U.S.C. 224d)’’ and ‘‘such Act’’, respectively, in section 12 (4th par.) of the Act of March 4, 1923 (ch. 283), as added by section 4(c)(3) of the Act of July 25, 1956 (ch. 721, 70 Stat. 642), because of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640). The 1942 law enacted former 31:224d, 224h, and 224i. Those sections subsequently were codified as 10:2734 and repealed by the Act of August 10, 1956 (ch. 1041, 70A Stat. 154, 672). The words ‘‘both real and per- sonal’’ are omitted as unnecessary. The words ‘‘on or after July 25, 1956’’ are omitted as obsolete. The words ‘‘or commissions’’ are omitted because of 1:1. The words ‘‘settled, decided’’ are substituted for ‘‘considered, ascertained, adjusted, determined’’ to eliminate unnec- essary words. § 2111. Presidential duties and powers (a) ARRANGEMENTS WITH FOREIGN COUNTRIES.— The President is requested to make the nec- essary arrangements with the proper authorities of the appropriate foreign countries to enable the American Battle Monuments Commission to carry out this chapter. (b) TRANSFER OF ADMINISTRATIVE DUTIES AND POWERS AND SUPPLIES, MATERIAL, AND EQUIP- MENT TO COMMISSION.—(1) The President by exec- utive order may transfer to the Commission— (A) the same administrative duties and pow- ers related to a permanent military cemetery located outside the United States and the ter- ritories and possessions of the United States that were transferred to the Commission by Executive Order 6614, February 26, 1934, and Executive Order 10057, May 14, 1949, as amend- ed by Executive Order 10087, December 3, 1949; and (B) supplies, material, and equipment lo- cated in the permanent military cemetery or in a military depot overseas that— (i) the Department of Defense does not need; and (ii) the Commission requests to carry out the duties and powers specified in clause (A) of this paragraph. (2) After a transfer under this subsection, the Commission shall maintain the cemetery and all improvements in it. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2111(a) ........ 36:127. Mar. 4, 1923, ch. 283, § 6, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317. 2111(b) ........ 36:132. Mar. 4, 1923, ch. 283, § 10, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§ 2(c), (d), 4(b), 70 Stat. 640, 641. In subsection (b)(1), the words ‘‘duties and powers’’ are substituted for ‘‘functions’’ for consistency in the revised title and with other titles of the United States Code. Editorial Notes REFERENCES IN TEXT Executive Order 6614, referred to in subsec. (b)(1)(A), is not classified to the Code. Executive Order 10057, referred to in subsec. (b)(1)(A), is set out below. Executive Documents EX. ORD. NO. 9873. ADMINISTRATION OF THE MEXICO CITY NATIONAL CEMETERY Ex. Ord. No. 9873, July 16, 1947, 12 F.R. 4777, provided: By virtue of the authority vested in me by section 12 of the act of March 4, 1923, as amended by the act of June 26, 1946, 60 Stat. 318 [now subsec. (b) of this sec- tion], and as President of the United States, it is here- by ordered as follows: