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2026-07-06 10:51:44 -04:00

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LegalText 38 U.S.C. § 2410 Burial of cremated remains in Arlington National Cemetery us united_states_code code_section 38 VETERANS BENEFITS 24 NATIONAL CEMETERIES AND MEMORIALS 2410 38 U.S.C. § 2410 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip /us/usc/t38/s2410 data/legal/raw/us/code/title-38/usc38.xml a360ddfe0a89f449fbb097fdcc1cc0b44873e419903a935382b01fcc1d7cbae4 372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66 83db263334ead7cf6a402b3c666567e49a20d9dd3f47d2defddd4004c4ee0a71 2026-07-04 official
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38 U.S.C. § 2410 - Burial of cremated remains in Arlington National Cemetery

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 95202; 38 U.S.C. 106 note) as of the date of the enactment of this paragraph.

(Added Pub. L. 101237, title V, § 502(a), Dec. 18, 1989, 103 Stat. 2093, § 1010; amended Pub. L. 10254, § 14(b)(22), June 13, 1991, 105 Stat. 284; renumbered § 2410, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 114158, § 1(a), May 20, 2016, 130 Stat. 394.)

Notes

Editorial Notes

References in TextThe date of the enactment of this paragraph, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 114158, which was approved May 20, 2016.

Amendments2016—Subsec. (c). Pub. L. 114158 added subsec. (c). 1991—Pub. L. 10283 renumbered section 1010 of this title as this section. Subsec. (b). Pub. L. 10254 substituted “each military department” for “the military departments”.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 AmendmentPub. L. 114158, § 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.”