10 U.S. Code § 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.

(c) Administrative Jurisdiction.—

The Cemeteries shall be under the jurisdiction of Headquarters, Department of the Army.

(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.”