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Title 38 — Veterans’ Benefits

Part II · Chapter 24 — National Cemeteries and Memorials

§ 2410. Burial of cremated remains in Arlington National Cemetery

Statutory text

(a)

The Secretary of the Army shall designate an area of appropriate size within Arlington National Cemetery for the unmarked interment, in accordance with such regulations as the Secretary may prescribe, of the ashes of persons eligible for interment in Arlington National Cemetery whose remains were cremated. Such area shall be an area not suitable for the burial of casketed remains.

(b)

The Secretary of each military department shall make available appropriate forms on which those members of the Armed Forces who so desire may indicate their desire to be buried within the area to be designated under subsection (a).

(c)
(1)

The Secretary of the Army shall ensure that, under such regulations as the Secretary may prescribe, the cremated remains of any person described in paragraph (2) are eligible for above ground inurnment in Arlington National Cemetery with military honors in accordance with section 1491 of title 10.

(2)

A person described in this paragraph is a person whose service has been determined to be active duty service pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) as of the date of the enactment of this paragraph.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Veterans’ Benefits Amendments of 1989

    Pub. L. 101–237 title V § 502(a) · 103 Stat. 2062

    Enacted · 38 U.S.C. § 2410

    Added Pub. L. 101–237, title V, § 502(a), Dec. 18, 1989, 103 Stat. 2093, § 1010

    Source evidence

    Code source credit
    Added Pub. L. 101–237, title V, § 502(a), Dec. 18, 1989, 103 Stat. 2093, § 1010

    Enacted provision · exact public law section
    (a) In General.— Chapter 24 is amended by adding at the end the following new section: “§ 1010. Burial of cremated remains in Arlington National Cemetery “(a) The Secretary of the Army shall designate an area of appropriate size within Arlington National Cemetery for the unmarked interment, in accordance with such regulations as the Secretary may prescribe, of the ashes of persons eligible for interment in Arlington National Cemetery whose remains were cremated. Such area shall be an area not suitable for the burial of casketed remains. “(b) The Secretary of the military departments shall make available appropriate forms on which those members of the Armed Forces who so desire may indicate their desire to be buried within the area to be designated under subsection (a).”.

  2. Pub. L. 102–54 § 14(b)(22) · 105 Stat. 267

    Substituted · 38 U.S.C. § 2410(b)

    Pub. L. 102–54 substituted “each military department” for “the military departments”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–54 substituted “each military department” for “the military departments”.

    Enacted provision · exact public law section
    (22) Section 1010(b) is amended by striking out “the military departments” and inserting in lieu thereof “each military department”.

  3. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 2410

    Pub. L. 102–83 renumbered section 1010 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 1010 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  4. Pub. L. 114–158 § 1(a) · 130 Stat. 394

    Added · 38 U.S.C. § 2410(c)

    Pub. L. 114–158 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–158 added subsec. (c).

    Enacted provision · exact public law section
    (a) In General.— Section 2410 of title 38, United States Code, is amended by adding at the end the following new subsection: “(c) (1) The Secretary of the Army shall ensure that, under such regulations as the Secretary may prescribe, the cremated remains of any person described in paragraph (2) are eligible for above ground inurnment in Arlington National Cemetery with military honors in accordance with section 1491 of title 10. “(2) A person described in this paragraph is a person whose service has been determined to be active duty service pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) as of the date of the enactment of this paragraph.” .

    Effective date note
    Pub. L. 114–158, § 1(b), May 20, 2016, 130 Stat. 394, provided that:

4 of 4 references resolved to an enrolled provision

Editorial Notes

References in Text

The date of the enactment of this paragraph, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 114–158, which was approved .

Amendments1991–2016 · 2 rounds

2016

Subsec. (c). Pub. L. 114–158 added subsec. (c).

1991

Pub. L. 102–83 renumbered section 1010 of this title as this section.

Subsec. (b). Pub. L. 102–54 substituted “each military department” for “the military departments”.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–158, § 1(b), , 130 Stat. 394, provided that:

“(1)

In general.—

The amendment made by subsection (a) [amending this section] shall apply with respect to—

“(A)

the remains of a person that are not formally interred or inurned as of the date of the enactment of this Act []; and

“(B)

a person who dies on or after the date of the enactment of this Act.

“(2)

Formally interred or inurned defined.—

In this subsection, the term ‘formally interred or inurned’ means interred or inurned in a cemetery, crypt, mausoleum, columbarium, niche, or other similar formal location.”

Credits

1989–2016 · 4 acts
  1. 1989Added Pub. L. 101–237, title V, § 502(a), , 103 Stat. 2093, § 1010
  2. 1991amended Pub. L. 102–54, § 14(b)(22), , 105 Stat. 284
  3. 1991renumbered § 2410, Pub. L. 102–83, § 5(a), , 105 Stat. 406
  4. 2016Pub. L. 114–158, § 1(a), , 130 Stat. 394.
Show as published

(Added Pub. L. 101–237, title V, § 502(a), , 103 Stat. 2093, § 1010; amended Pub. L. 102–54, § 14(b)(22), , 105 Stat. 284; renumbered § 2410, Pub. L. 102–83, § 5(a), , 105 Stat. 406; Pub. L. 114–158, § 1(a), , 130 Stat. 394.)

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