10 U.S.C. § 7722 — Interment and inurnment policy
submitted 15 years ago by Pub. L. 112-81 to r/title-10-ARMED-FORCES · 325 words · no verdicts yet
The Secretary of the Army, with Defense approval, decides eligibility for burial or inurnment in the Cemeteries and establishes exception procedures. The Secretary may authorize removal of certain family remains, subject to listed exceptions.
(a) Eligibility. (1) With the Secretary of Defense’s approval, the Army* Secretary must decide who is eligible for interment or inurnment in the Cemeteries. (2) With that approval, the Army Secretary must set procedures for requests to make exceptions to eligibility policy. Before granting an exception, the procedures must require notice to the Senate and House Armed Services and Veterans Affairs Committees.
(b) Removal. Under regulations issued under section 7721(d), the Army Secretary may authorize removing remains described in (c) for re-interment or re-inurnment if, when the primary eligible person dies, that person will not be buried in the same or an adjoining grave.
(c) Covered people. Unless (d) applies, removable remains are those of the eligible member’s deceased spouse, minor child, and, at the Army Secretary’s discretion, unmarried adult child.
(d) Exceptions. Removal is not allowed if the primary eligible person is missing in action; remains have not been recovered or identified; remains were buried at sea, by choice or otherwise; remains were donated to science; or remains were cremated and ashes scattered without any portion being interred.
The Secretary of the Army*, with the approval of the Secretary of Defense, shall determine eligibility for interment or inurnment in the Cemeteries.
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.
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.
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.
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—
who is missing in action;
whose remains have not been recovered or identified;
whose remains were buried at sea, whether by the choice of the person or otherwise;
whose remains were donated to science; or
whose remains were cremated and whose ashes were scattered without interment of any portion of the ashes.
Source credit: (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.)
- 2011Enacted · Pub. L. 112-81 · 125 Stat. 1439
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1839, 1840
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-81 on 2011-12-31.
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