
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: 36USC2104]

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