10 USC Ch. 776: ARMY NATIONAL MILITARY CEMETERIES

From Title 10—ARMED FORCESSubtitle B—ArmyPART IV—SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 776—ARMY NATIONAL MILITARY CEMETERIES

Sec.

7721.

Authority and responsibilities of the Secretary of the Army.

7722.

Interment and inurnment policy.

7723.

Advisory committee on Arlington National Cemetery.

7724.

Executive Director.

7725.

Superintendents.

7726.

Oversight and inspections.

7727.

Cemetery concessions contracts.

Editorial Notes

Amendments

2018—Pub. L. 115–232, div. A, title VIII, §808(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 446 of this title as this chapter and items 4721 to 4727 as 7721 to 7727, respectively.

2013—Pub. L. 113–66, div. A, title V, §585(b), Dec. 26, 2013, 127 Stat. 777, added item 4727.

§7721. Authority and responsibilities of the Secretary of the Army

(a) General Authority.—The Secretary of the Army shall develop, operate, manage, administer, oversee, and fund the Army National Military Cemeteries specified in subsection (b) in a manner and to standards that fully honor the service and sacrifices of the deceased members of the armed forces buried or inurned in the Cemeteries.

(b) Army National Military Cemeteries.—The Army National Military Cemeteries (in this chapter referred to as the "Cemeteries") consist of the following:

(1) Arlington National Cemetery in Arlington, Virginia.

(2) The United States Soldiers' and Airmen's Home National Cemetery in the District of Colombia.

(d) Regulations and Other Policies.—The Secretary of the Army shall prescribe such regulations and policies as may be necessary to administer the Cemeteries.

(e) Budgetary and Reporting Requirements.—The Secretary of the Army shall submit to the congressional defense committees and the Committees on Veterans' Affairs of the Senate and House of Representatives an annual budget request (and detailed justifications for the amount of the request) to fund administration, operation and maintenance, and construction related to the Cemeteries. The Secretary may include, as necessary, proposals for new or amended statutory authority related to the Cemeteries.

(Added Pub. L. 112–81, div. A, title V, §591(a)(1), Dec. 31, 2011, 125 Stat. 1439, §4721; renumbered §7721, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Editorial Notes

Prior Provisions

A prior section 7721 was renumbered section 8891 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 4721 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (e) of this section relating to submitting annual budget request to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

Establishment of Caisson Platoon and Support for Military and State Funeral Services at Arlington National Cemetery

Pub. L. 118–31, div. A, title III, §366, Dec. 22, 2023, 137 Stat. 234, provided that:

"(a) Establishment.—There is established in the Department of the Army an equine unit, to be known as the 'Caisson Platoon', assigned to the 3rd Infantry Regiment of the Army. The duties of such unit shall include the provision of support for military and State funerals.

"(b) Prohibitions on Elimination.—The Secretary of the Army may not eliminate the Caisson Platoon of the 3rd Infantry Regiment of the Army established under subsection (a).

"(c) Briefings.—

"(1) Provision to congress.—Not later than 60 days after the date of the enactment of this Act [Dec. 22, 2023], and not less frequently than every 180 days thereafter until March 31, 2027, the Secretary of the Army shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the health, welfare, and sustainment of military working equids.

"(2) Elements.—Each briefing under paragraph (1) shall include the following:

"(A) An assessment of the ability of the Caisson Platoon of the 3rd Infantry Regiment of the Army to support military funeral operations within Arlington National Cemetery, including milestones associated with achieving full operational capability for such Caisson Platoon.

"(B) An update on the plan of the task force known as the 'Task Force-Military Working Equids' established by the Office of the Surgeon General, as directed by the Director of the Army Staff, in May 2022 (or any successor task force), to promote, support, and sustain animal health and welfare.

"(C) An update on the plan of such task force to ensure the Caisson Platoon of the 3rd Infantry Regiment of the Army has the ability to continuously support military and State funeral operations within Arlington National Cemetery."

Digitization of Arlington National Cemetery Interment and Inurnment Records

Pub. L. 112–81, div. A, title V, §591(b), Dec. 31, 2011, 125 Stat. 1441, provided that:

"(1) Deadline for conversion and use.—Not later than June 1, 2012, all records related to interments and inurnments at Arlington National Cemetery shall be converted to a digitized format. Thereafter, use of the digitized format shall be the method by which all subsequent records related to interments and inurnments at Arlington National Cemetery are preserved and utilized.

"(2) Digitized format defined.—In this subsection, the term 'digitized format' refers to the use of an electronic database for recordkeeping and includes the full accounting of all records of each specific gravesite and niche location at Arlington National Cemetery and the identification of the individual interred or inurned at each specific gravesite and niche location."

§7722. Interment and inurnment policy

(a) Eligibility Determinations Generally.—(1) The Secretary of the Army, with the approval of the Secretary of Defense, shall determine eligibility for interment or inurnment in the Cemeteries.

(2) The Secretary of the Army, with the approval of the Secretary of Defense, shall establish policy and procedures for reviewing and determining requests for exceptions to interment and inurnment eligibility policy, which shall include a requirement, before granting the request for an exception, for notification of the Committees on Armed Services and the Committees on Veterans Affairs of the Senate and the House of Representatives.

(b) Removal of Remains.—Under such regulations as the Secretary of the Army may prescribe under section 7721(d) of this title, the Secretary of the Army may authorize the removal of the remains of a person described in subsection (c) from one of the Cemeteries for re-interment or re-inurnment if, upon the death of the primary person eligible for interment or inurnment in the Cemeteries, the deceased primary eligible person will not be buried in the same or an adjoining grave.

(c) Covered Persons.—Except as provided in subsection (d), the persons whose remains may be removed pursuant to subsection (b) are the deceased spouse, a minor child, and, in the discretion of the Secretary of the Army, an unmarried adult child of a member eligible for interment or inurnment in the Cemeteries.

(d) Exceptions.—The remains of a person described in subsection (c) may not be removed from one of the Cemeteries under subsection (b) if the primary person eligible for burial in the Cemeteries is a person—

(1) who is missing in action;

(2) whose remains have not been recovered or identified;

(3) whose remains were buried at sea, whether by the choice of the person or otherwise;

(4) whose remains were donated to science; or

(5) whose remains were cremated and whose ashes were scattered without interment of any portion of the ashes.

(Added Pub. L. 112–81, div. A, title V, §591(a)(1), Dec. 31, 2011, 125 Stat. 1439, §4722; renumbered §7722 and amended Pub. L. 115–232, div. A, title VIII, §§808(d), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)

Editorial Notes

Prior Provisions

A prior section 7722 was renumbered section 8892 of this title.

Amendments

2018—Pub. L. 115–232, §808(d), renumbered section 4722 of this title as this section.

Subsec. (b). Pub. L. 115–232, §809(a), substituted "section 7721(d)" for "section 4721(d)".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§7723. Advisory committee on Arlington National Cemetery

(a) Appointment.—The Secretary of the Army shall appoint an advisory committee on Arlington National Cemetery.

(b) Role.—The Secretary of the Army shall advise and consult with the advisory committee with respect to the administration of Arlington National Cemetery, the erection of memorials at the cemetery, and master planning for the cemetery.

(c) Reports and Recommendations.—The advisory committee shall make periodic reports and recommendations to the Secretary of the Army.

(d) Submission to Congress.—Not later than 90 days after receiving a report or recommendations from the advisory committee under subsection (c), the Secretary of the Army shall submit the report or recommendations to the congressional defense committees and the Committees on Veterans' Affairs of the Senate and House of Representatives and include such comments and recommendations of the Secretary as the Secretary considers appropriate.

(Added Pub. L. 112–81, div. A, title V, §591(a)(1), Dec. 31, 2011, 125 Stat. 1440, §4723; renumbered §7723, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Editorial Notes

Prior Provisions

A prior section 7723 was renumbered section 8893 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 4723 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§7724. Executive Director

(a) Appointment and Qualifications.—(1) There shall be an Executive Director of the Army National Military Cemeteries who shall meet such professional qualifications as may be established by the Secretary of the Army.

(2) The Executive Director reports directly to the Secretary.

(b) Responsibilities.—The Executive Director is responsible for the following:

(1) Exercising authority, direction and control over all aspects of the Cemeteries.

(2) Establishing and maintaining full accountability for all gravesites and inurnment niches in the Cemeteries.

(3) Oversight of the construction, operation and maintenance, and repair of the buildings, structures, and utilities of the Cemeteries.

(4) Acquisition and maintenance of real property and interests in real property for the Cemeteries.

(5) Planning and conducting private ceremonies at the Cemeteries, including funeral and memorial services for interment and inurnment, and planning and conducting public ceremonies, as directed by the Secretary of the Army.

(6) Formulating, promulgating, administering, and overseeing policies and addressing proposals for the placement of memorials and monuments in the Cemeteries.

(7) Formulating and implementing a master plan for Arlington National Cemetery that, at a minimum, addresses interment and inurnment capacity, visitor accommodation, operation and maintenance, capital requirements, preservation of the cemetery's special features, and other matters the Executive Director considers appropriate.

(8) Overseeing the programming, planning, budgeting, and execution of funds authorized and appropriated for the Cemeteries.

(9) Providing recommendations regarding any request for an exception to interment and inurnment eligibility policy.

(10) Supervising the superintendents of the Cemeteries.

(Added Pub. L. 112–81, div. A, title V, §591(a)(1), Dec. 31, 2011, 125 Stat. 1440, §4724; renumbered §7724, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Editorial Notes

Prior Provisions

A prior section 7724 was renumbered section 8894 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 4724 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§7725. Superintendents

(a) Appointment and Qualifications.—An individual serving as the superintendent of one of the Cemeteries should have, as determined by the Secretary of the Army—

(1) experience in the administration, management, and operation of cemeteries under the jurisdiction of the National Cemeteries System administered by the Department of Veterans Affairs; or

(2) experience in the administration, management, and operation of large civilian cemeteries equivalent to the experience described in paragraph (1).

(b) Duties.—The superintendents of the Cemeteries report directly to the Executive Director and performs such duties and responsibilities as the Executive Director prescribes.

(Added Pub. L. 112–81, div. A, title V, §591(a)(1), Dec. 31, 2011, 125 Stat. 1441, §4725; renumbered §7725, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Editorial Notes

Prior Provisions

A prior section 7725 was renumbered section 8895 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 4725 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§7726. Oversight and inspections

(a) Inspections Required.—The Secretary of the Army shall provide for the oversight of the Cemeteries to ensure the highest quality standards are maintained by providing for the periodic inspection of the administration, operation and maintenance, and construction elements applicable to the Cemeteries. The inspections shall be conducted by personnel of the Department of the Army with the assistance, as the Secretary considers appropriate, of personnel from other Federal agencies and civilian experts.

(b) Submission of Results.—Not later than 120 days after the completion of an inspection conducted under subsection (a), the Secretary of the Army shall submit to the congressional defense committees a report containing the results of the inspection and recommendations and a plan for corrective actions to be taken in response to the inspection.

(Added Pub. L. 112–81, div. A, title V, §591(a)(1), Dec. 31, 2011, 125 Stat. 1441, §4726; renumbered §7726, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Editorial Notes

Prior Provisions

A prior section 7726 was renumbered section 8896 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 4726 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§7727. Cemetery concessions contracts

(a) Contracts Authorized.—The Secretary of the Army may enter into a contract with an appropriate entity for the provision of transportation, interpretative, or other necessary or appropriate concession services to visitors at the Army National Military Cemeteries.

(b) Special Requirements.—(1) The Secretary of the Army shall establish and include in each concession contract such requirements as the Secretary determines are necessary to ensure the protection, dignity, and solemnity of the cemetery at which services are provided under the contract.

(2) A concession contract shall not include operation of the gift shop at Arlington National Cemetery without the specific prior authorization by an Act of Congress.

(c) Franchise Fees.—A concession contract shall provide for payment to the United States of a franchise fee or such other monetary consideration as determined by the Secretary of the Army. The Secretary shall ensure that the objective of generating revenue for the United States is subordinate to the objectives of honoring the service and sacrifices of the deceased members of the armed forces and of providing necessary and appropriate services for visitors to the Cemeteries at reasonable rates.

(d) Special Account.—All franchise fees (and other monetary consideration) collected by the United States under subsection (c) shall be deposited into a special account established in the Treasury of the United States. The funds deposited in such account shall be available for expenditure by the Secretary of the Army, to the extent authorized and in such amounts as are provided in advance in appropriations Acts, to support activities at the Cemeteries. The funds deposited into the account shall remain available until expended.

(e) Concession Contract Defined.—In this section, the term "concession contract" means a contract authorized and entered into under this section.

(Added Pub. L. 113–66, div. A, title V, §585(a), Dec. 26, 2013, 127 Stat. 777, §4727; renumbered §7727, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Editorial Notes

Prior Provisions

Prior sections 7727 to 7730 were renumbered sections 8897 to 8900 of this title, respectively.

Amendments

2018—Pub. L. 115–232 renumbered section 4727 of this title as this section.