§2410 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary of the Army must set aside an area in Arlington National Cemetery for burying ashes of people who are eligible for burial there and whose remains were cremated. That area must be a place not suitable for burying caskets. Each military department must give forms so service members can say they want to be buried in that area. The Secretary of the Army must also allow above‑ground inurnment (placing urns) in Arlington with military honors under section 1491 of title 10. That above‑ground option applies to people whose service was found to be active duty under section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) as of the date this paragraph was enacted.

Title 38, §2410

Veterans' Benefits — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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 May 20, 2016.

Amendments

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),

May 20, 2016, 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 [

May 20, 2016]; 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.”

§2410 Burial of cremated remains in Arlington National Cemetery