38 U.S.C. § 2410 — Burial of cremated remains in Arlington National Cemetery
submitted 37 years ago by Pub. L. 101-237 to r/title-38-VETERANS-BENEFITS · 201 words · no verdicts yet
The Secretary of the Army must designate an area in Arlington National Cemetery for unmarked burial of eligible people whose remains were cremated. Military departments must offer forms for service members to express that choice, and certain people with qualifying active-duty service may receive above-ground inurnment with military honors.
(a) The Secretary* of the Army must designate an appropriately sized area in Arlington National Cemetery for unmarked burial of the ashes of people eligible for interment there whose remains were cremated. The burial must follow regulations prescribed by the Secretary. The area must not be suitable for burial of casketed remains.
(b) Each military department’s Secretary must provide appropriate forms on which Armed Forces* members who want this option may state* that they want to be buried in the area designated under subsection (a).
(c)(1) Under regulations the Secretary of the Army prescribes, the Secretary must ensure that the cremated remains of each person described in paragraph (2) are eligible for above-ground inurnment in Arlington National Cemetery with military honors under section 1491 of title 10.
(2) The person must be someone whose service, as of the date this paragraph was enacted, was determined to be active-duty service under section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note).
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.
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).
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.
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.
Source credit: (Added Pub. L. 101–237, title V, § 502(a), Dec. 18, 1989, 103 Stat. 2093, § 1010; amended Pub. L. 102–54, § 14(b)(22), June 13, 1991, 105 Stat. 284; renumbered § 2410, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 114–158, § 1(a), May 20, 2016, 130 Stat. 394.)
- 1989Enacted · Pub. L. 101-237 · 103 Stat. 2093
- 1991Amended · Pub. L. 102-54 · 105 Stat. 284
- 1991Amended · Pub. L. 102-83 · 105 Stat. 406
- 2016Amended · Pub. L. 114-158 · 130 Stat. 394
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-237 on 1989-12-18.
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