
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 36USC2111]

 
     TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                              ORGANIZATIONS
 
      Subtitle I--Patriotic and National Observances and Ceremonies
 
Part B--United States Government Organizations Involved with Observances 
                             and Ceremonies
 
            CHAPTER 21--AMERICAN BATTLE MONUMENTS COMMISSION
 
Sec. 2111. Presidential duties and powers

    (a) Arrangements With Foreign Countries.--The President is requested 
to make the necessary 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 Equipment to Commission.--(1) The President by executive 
order may transfer to the Commission--
        (A) the same administrative duties and powers related to a 
    permanent military cemetery located outside the United States and 
    the territories 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 amended by 
    Executive Order 10087, December 3, 1949; and
        (B) supplies, material, and equipment located 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, Sec.  6, 42
                                                                          Stat.
 1509; June 26, 1946, ch. 502, 60
                                                                          Stat.
 317.
2111(b)...............................  36:132.                          Mar. 4
, 1923, ch. 283, Sec.  10, 42
                                                                          Stat.
 1509; June 26, 1946, ch. 502, 60
                                                                          Stat.
 317; July 25, 1956, ch. 721,
                                                                          Secs.
  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.

                       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.

 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 section], and as President of the United States, it 
is hereby ordered as follows:
    1. All functions of administration pertaining to the Mexico City 
National Cemetery, located in Mexico City, Calazada, Molchor, Ocampo 31, 
Mexico, DF, now vested in or exercised by the War Department, together 
with the field civilian personnel, records, supplies, equipment, and 
property of every kind pertaining thereto, are hereby transferred from 
the War Department to the American Battle Monuments Commission.
    2. The unexpended balances of appropriations or allotments of 
appropriations which are now, or may become, available to the War 
Department for the performance of the functions transferred by this 
order shall be transferred to the American Battle Monuments Commission 
to such extent as the Director of the Bureau of the Budget may deem 
necessary.

 Ex. Ord. No. 10057. Transfer of Certain Functions Pertaining to United 
                       States Military Cemeteries

    Ex. Ord. No. 10057, May 14, 1949, 14 F.R. 2585, as amended Ex. Ord. 
10087, Dec. 3, 1949, 14 F.R. 7287, provided:
    By virtue of the authority vested in me by section 12 of the act of 
March 4, 1923, 42 Stat. 1509, as amended by the act of June 26, 1946, 60 
Stat. 318 [now subsec. (b) of this section], and as President of the 
United States, it is hereby ordered as follows:
    1. All functions of administration pertaining to World War II United 
States Military Cemeteries located in or near Cambridge, England; 
Margraten, the Netherlands; Hamm, Luxembourg; Henri-Chapelle, Belgium; 
Neuvilleen-Condroz, Belgium; St. Laurent, France; St. James, France; 
Epinal, France; St. Avold, France; Draguignan, France; Nettuno (Anzio), 
Italy; Florence, Italy; Tunis (Carthage), Tunisia; and Ft. McKinley, 
Philippine Islands, now vested in or exercised by the Secretary of the 
Army pursuant to the act of May 16, 1946, c. 261, 60 Stat. 182, as 
amended by the act of August 5, 1947, c. 497, 61 Stat. 779, together 
with (a) such supplies, equipment, temporary structures, utilities and 
facilities pertaining thereto as are located therein or are in depots or 
other places overseas under the jurisdiction of the American Graves 
Registration Service and are determined by the American Battle Monuments 
Commission to be required for the discharge of its responsibilities 
under this order, and (b) the cemetery records currently maintained for 
the operation of such cemeteries, including records pertinent to the 
acquisition of real estate upon which the cemeteries and their 
appurtenances are situated, are hereby transferred to the American 
Battle Monuments Commission; such transfer to become effective as to any 
particular cemetery or group of cemeteries upon the completion of the 
operational mission of the Department of the Army with respect to such 
cemetery or group of cemeteries, but in no instance later than December 
31, 1951, or at such earlier date as may be determined by the President 
or the Congress pursuant to the said act of May 16, 1946, as amended by 
the act of August 5, 1947.
    2. The Department of the Army shall have the right to re-enter any 
of such cemeteries subsequent to the effective date of the transfer of 
functions with respect thereto for the purpose of making exhumations or 
reinterments should any such action become necessary.
    3. There shall be transferred to the American Battle Monuments 
Commission so much of the unexpended balances of appropriations now, or 
which may become, available to the Department of the Army for the 
performance of the functions transferred by the provisions of this order 
as the Director of the Bureau of the Budget may deem necessary for use 
prior to July 1, 1950, in connection with such functions.

  Ex. Ord. No. 12115. Permanent American Cemetery in Republic of Panama

    Ex. Ord. No. 12115, Jan. 19, 1979, 44 F.R. 4645, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including Section 10 of the 
Act of March 4, 1923 (42 Stat. 1509), as amended (36 U.S.C. 132) [now 
subsec. (b) of this section], and to implement the intent of the United 
States Senate (124 Cong. Rec. S3857 of March 16, 1978) as set forth by 
Reservations (1) and (3) to the Resolution of Ratification of the Treaty 
Concerning the Permanent Neutrality and Operation of the Panama Canal, 
it is hereby ordered as follows:
    1-101. The Secretary of State shall take all appropriate steps to 
complete, prior to the date of entry into force of the Treaty Concerning 
the Permanent Neutrality and Operation of the Panama Canal, hereinafter 
referred to as the Neutrality Treaty, the negotiations which have begun 
with the Republic of Panama for an agreement under which the United 
States of America would, upon the date of entry into force of such 
agreement and thereafter, administer as a permanent American cemetery 
such part of Corozal Cemetery as encompasses the remains of citizens of 
the United States of America.
    1-102. Subject to the conclusion of the agreement referred to in 
Section 1-101 of this Order, the American Battle Monuments Commission 
shall administer that part of Corozal Cemetery which encompasses the 
remains of citizens of the United States of America, in accordance with 
the terms of the agreement with the Republic of Panama.
    1-103. The Governor of the Canal Zone shall, to the extent funds are 
available, disinter from Mount Hope Cemetery, before entry into force of 
the Neutrality Treaty, and reinter in Corozal Cemetery the remains of 
United States citizens, and the remains of members of their immediate 
family that are buried with them. The Governor shall not remove from 
Mount Hope Cemetery the remains of any such person whose next of kin 
timely requests in writing that such remains not be disinterred. The 
Governor shall transport to the United States for reinterment the 
remains of any such person whose next of kin timely requests in writing 
that such remains be transported to the United States for reinterment.
    1-104. The Secretary of Defense shall, to the extent funds are 
available, disinter from Corozal Cemetery and transport to the United 
States for reinterment the remains of United States citizens, and the 
remains of members of their immediate family buried with them, whose 
next of kin requests in writing by April 1, 1982, that such remains be 
transported to the United States for reinterment.
    1-105. Subject to the availability of funds, all the costs incurred 
in the disinterment, reinterment in Corozal Cemetery, and transportation 
of remains required by this Order, including the costs of preparation, 
cremation if requested, and a casket or urn, shall be borne by the 
United States of America. The costs of reinterment in the United States, 
including any costs for funeral home services, vaults, plots, or crypts, 
will be the responsibility of the next of kin making the request, except 
to the extent otherwise provided by law, including any unused specific 
entitlements available pursuant to statute.
    1-106. (a) The Governor of the Canal Zone shall identify, to the 
extent feasible, the closest surviving next of kin of each deceased 
United States citizen buried in the Mount Hope and Corozal Cemeteries, 
and of such next of kin of each member of the immediate family that is 
buried with such United States citizen.
    (b) The Governor shall provide notice to the next of kin of such 
deceased buried in Mount Hope Cemetery that the Government plans to 
remove the deceased to Corozal Cemetery unless the next of kin requests 
in writing, not later than three months after the first issuance of such 
notification, either that the remains not be removed from Mount Hope 
Cemetery, or that the remains be moved to, and reinterred in, the United 
States in a cemetery or other burial site designated by the next of kin.
    (c) The Governor shall also provide notice to the next of kin of 
such deceased who are buried in Corozal Cemetery that the Government 
will disinter and transport such deceased to the United States for 
reinterment in a cemetery or other burial site designated by the next of 
kin, if the next of kin so requests in writing not later than April 1, 
1982.
    (d) The Governor shall publish the notices provided for in 
subsections (b) and (c) of this Section in appropriate newspapers, 
magazines and other periodicals, and utilize such other means of 
communicating with the next of kin that he finds to be practical and 
effective.
    1-107. The Governor of the Canal Zone shall, before the entry into 
force of the Neutrality Treaty, fully advise the next of kin of all 
available options, and their implications, in those cases where a 
request has been made that remains not be removed from Mount Hope 
Cemetery.
    1-108. The Secretary of the Army shall supervise the planned removal 
of the remains from Mount Hope Cemetery to Corozal Cemetery and shall 
ensure compliance with the wishes of any next of kin who, within the 
time specified in clause B(i) to the Third Reservation to the Neutrality 
Treaty, objects to such removal.
    1-109. As used in this Order:
    (a) ``Next of kin'' means the person whom the Governor of the Canal 
Zone determines to be the nearest living relative, by consanguinity or 
affinity, of a person buried at Mount Hope Cemetery or Corozal Cemetery.
    (b) ``Members of their immediate family'' means the spouse, 
children, mother or father of the deceased United States citizen.
                                                           Jimmy Carter.
