§ 2104. Military cemeteries in foreign countries

490 words·~2 min read·/usc/title-36/section-2104

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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.)

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.

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Cited by 5 sections

U.S. Code

statute-compilations

Sec. 106
RESTORATION, OPERATION, AND MAINTENANCE OF CLARK VETERANS CEMETERY BY AMERICAN BATTLE MONUMENTS COMMISSION

statutes-at-large

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U.S. Code

Military cemeteries in foreign countries
§ 2104

4 references not yet in our index

Pub. L. 105–225
112 Stat. 1271
Pub. L. 112–260, title I, § 106
126 Stat. 2421

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cites case law

§ 2104

Military cemeteries in foreign countries

Stat.×2

U.S.C.×2

Stat. Comp.×1

U.S.C.§ 2104

Pub. L.Pub. L. 105–225

Stat.112 Stat. 1271

Pub. L.Pub. L. 112–260, title I, § 106

Stat.126 Stat. 2421

Cites 5Cited by 5 across 3 sources