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.)
| 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)
"(b)
"(c)
"(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.
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