Overview
The National Cemetery Access Act aims to ensure that national cemeteries administered by the Department of Defense, Department of Veterans Affairs, and National Park Service remain open to visitors on all legal public holidays. This straightforward bill has a narrow focus on expanding public access to these cemeteries on federal holidays, potentially impacting operations and visitation patterns at national cemeteries across the United States.
Core Provisions
The bill's sole substantive provision requires that all national cemeteries administered by the Department of Defense, Department of Veterans Affairs, or National Park Service be open to visitors on the legal public holidays described in section 6103(a) of title 5, United States Code. This provision would take effect on November 7, 2025. The bill does not specify any exceptions to this requirement or provide details on implementation.
Legal References:
- 5 U.S.C. § 6103(a)
Implementation
The bill does not specify implementation details beyond identifying the Department of Defense, Department of Veterans Affairs, and National Park Service as the responsible agencies for ensuring their respective national cemeteries remain open on legal public holidays. No funding mechanisms, reporting requirements, compliance measures, or enforcement provisions are outlined in the bill text. The lack of specific implementation guidance suggests that each agency would be responsible for determining how to comply with the new requirement within their existing operational frameworks.
Impact
The primary beneficiaries of this bill would be visitors to national cemeteries, who would gain guaranteed access on all federal holidays. This could be particularly impactful for those wishing to visit graves or memorials on holidays with special significance, such as Memorial Day or Veterans Day. The bill may result in increased administrative burden and operational costs for the affected agencies, as they would need to ensure staffing and maintenance of cemeteries on days that may have previously been closed. No cost estimates are provided in the bill text. The bill does not include any sunset provisions, suggesting the requirement would remain in effect indefinitely once implemented.
Legal Framework
The bill appears to fall within Congress's authority to regulate federal agencies and properties. It would amend existing practices regarding the operation of national cemeteries but does not explicitly reference or modify any existing statutes beyond creating this new requirement. The bill does not address preemption of state or local laws, nor does it specify any provisions for judicial review. The lack of detail in the bill text suggests that much of the regulatory implementation would be left to the discretion of the affected agencies.
Critical Issues
While the bill's objective is straightforward, several critical issues may arise in its implementation. First, there may be significant cost implications for the affected agencies, particularly in terms of staffing and overtime pay for employees working on holidays. Second, the bill does not address potential security concerns or special circumstances that might necessitate closure of a cemetery. Third, the lack of enforcement mechanisms or penalties for non-compliance could lead to inconsistent implementation across different agencies or cemeteries. Finally, the bill does not consider potential conflicts with existing union agreements or employee contracts regarding holiday work, which could complicate implementation.
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