Us Code § 2104 - Military cemeteries in foreign countries

Full text of Us Code United States Code § 2104 — Military cemeteries in foreign countries, with citation guidance and answers to common questions.

§ 2104. Military cemeteries in foreign countries

When, as a result of combat operations, the Armed Forces establish military cemeteries in zones of operations outside the United States and the territories and possessions of the United States, the American Battle Monuments Commission and the Secretary of the Army, immediately on the cessation of hostilities, shall decide which of the cemeteries will become permanent cemeteries or, if they decide it is desirable, shall select new sites for the cemeteries at any other location. The Commission is solely responsible for the design and construction of the permanent cemeteries, and of all buildings, plantings, headstones, and other permanent improvements incidental to the cemeteries, except that—

(1) the Armed Forces are responsible for maintaining the permanent cemeteries until the Commission declares its readiness to assume the authorized administrative duties and powers;

(2) all construction undertaken by the Armed Forces in establishing and maintaining the cemetery prior to its transfer to the Commission shall be nonpermanent;

(3) burials and reburials by the Armed Forces shall be carried out in accordance with plans prepared by the Commission; and

(4) the Armed Forces have the right to re-enter a cemetery transferred to the Commission to exhume or re-inter a body if they decide it is necessary.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1271.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
2104 36:122b. Mar. 4, 1923, ch. 283, §2, as added July 25, 1956, ch. 721, §3(a), 70 Stat. 640.

In this section, before clause (1), the words "so established, if any" are omitted as unnecessary. In clause (1), the words "such time as" are omitted as unnecessary. The words "duties and powers" are substituted for "functions" for consistency in the revised title and with other titles of the United States Code. In clause (2), the words "in nature" are omitted as unnecessary.


Statutory Notes and Related Subsidiaries

Restoration, Operation, and Maintenance of Clark Veterans Cemetery

Pub. L. 112–260, title I, §106, Jan. 10, 2013, 126 Stat. 2421, provided that:

"(a) In General.—After an agreement is made between the Government of the Republic of the Philippines and the United States Government, Clark Veterans Cemetery in the Republic of the Philippines shall be treated, for purposes of section 2104 of title 36, United States Code, as a cemetery for which it was decided under such section that the cemetery will become a permanent cemetery and the American Battle Monuments Commission shall restore, operate, and maintain Clark Veterans Cemetery (to the degree the Commission considers appropriate) under such section in cooperation with the Government of the Republic of the Philippines.

"(b) Limitation on Future Burials.—Burials at the cemetery described in subsection (a) after the date of the agreement described in such subsection shall be limited to eligible veterans, as determined by the Commission, whose burial does not incur any cost to the Commission.

"(c) Authorization of Appropriations.—There are authorized to be appropriated to the Commission—

"(1) $5,000,000 for site preparation, design, planning, construction, and associated administrative costs for the restoration of the cemetery described in subsection (a); and

"(2) amounts necessary to operate and maintain the cemetery described in subsection (a)."

About This Section

36 U.S.C. § 2104 is part of Title 36 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 36 U.S.C. § 2104. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

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Sources

Frequently Asked Questions About Us Code § 2104

What does United States Code § 2104 cover?

Section 2104 ("Military cemeteries in foreign countries") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Us Code § 2104?

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Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

How does Us Code § 2104 apply to my situation?

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Sources & Verification

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