republic-os/legal/us/code/title-36/chapter-21/section-2104.md

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LegalText	36 U.S.C. § 2104	Military cemeteries in foreign countries	us	united_states_code	code_section	36	PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS	21	AMERICAN BATTLE MONUMENTS COMMISSION	2104	36 U.S.C. § 2104	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc36@119-100.zip	/us/usc/t36/s2104	data/legal/raw/us/code/title-36/usc36.xml	d7f99ac3e834f88dd227f473305df2d0ce83004800bdb662ad8ca482731228fe	d8bb3c94f12bbd56e49d7a2bc029b1f4ab0bb8b69327e9ddbdf94d7adcac580d	e7e41c082ee72b388f9a9ee543c062722455b39f826293c0802c684b6755d132	2026-07-04	official	legal us-code

36 U.S.C. § 2104 - Military cemeteries in foreign countries

Text

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.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 210436:122b.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 CemeteryPub. 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).”