38 U.S.C. § 2410 — Burial of cremated remains in Arlington

Page 635 TITLE 38—VETERANS’ BENEFITS § 2410 been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served. ‘‘(c) PROHIBITION ON EXPANSION OF MEMORIALS.—Ex- cept as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act [Dec. 27, 2021]. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘Chaplains Hill’ means the area in Ar- lington National Cemetery that, as of the date of the enactment of this Act, is generally identified and rec- ognized as Chaplains Hill. ‘‘(2) The term ‘NCMAF’ means the National Con- ference on Ministry to the Armed Forces or any suc- cessor organization recognized in law for purposes of the operation of this section.’’ TRANSFER TO THE SECRETARY OF THE ARMY AND MAN- AGEMENT OF PARCEL OF FEDERAL LAND IN ARLING- TON, VIRGINIA Pub. L. 116–92, div. B, title XXVIII, § 2834(a), Dec. 20, 2019, 133 Stat. 1893, provided that: ‘‘(1) TRANSFER.—Administrative jurisdiction over the parcel of Federal land described in paragraph (2) is transferred from the Secretary of the Interior to the Secretary of the Army. ‘‘(2) DESCRIPTION OF LAND.—The parcel of Federal land referred to in paragraph (1) is the approximately 16.09-acre parcel of land in Arlington, Virginia, as de- picted on the map entitled ‘Arlington National Ceme- tery, Memorial Ave–NPS Parcel’ and dated February 11, 2019.’’ Pub. L. 116–92, div. B, title XXVIII, § 2834(e)(3)(A), Dec. 20, 2019, 133 Stat. 1893, provided that: ‘‘The parcel of Federal land transferred to the Secretary of the Army by subsection (a)(1) [set out above] shall be adminis- tered by the Secretary of the Army— ‘‘(i) as part of Arlington National Cemetery; and ‘‘(ii) in accordance with applicable law, including— ‘‘(I) regulations; and ‘‘(II) section 2409 of title 38, United States Code.’’ CONSTRUCTION OF MEMORIAL TO THE CREW OF THE APOLLO I LAUNCH TEST ACCIDENT AT ARLINGTON NA- TIONAL CEMETERY Pub. L. 115–91, div. A, title X, § 1087, Dec. 12, 2017, 131 Stat. 1604, provided that: ‘‘Subject to applicable re- quirements of section 2409(b)(2)(E) of title 38, United States Code, the Secretary of the Army, in consulta- tion with the Administrator of the National Aero- nautics and Space Administration, the Commission of Fine Arts, and the Advisory Committee on Arlington National Cemetery, shall authorize the construction, at an appropriate place in Arlington National Cemetery, Virginia, of a memorial marker honoring the three members of the crew of the Apollo I who died during a launch rehearsal test on January 27, 1967, in Cape Ca- naveral, Florida. The memorial may not be constructed in a location that is otherwise suitable as an interment site.’’ COLUMBIA ORBITER MEMORIAL Pub. L. 108–11, title III, Apr. 16, 2003, 117 Stat. 603, pro- vided that: ‘‘SEC. 301. SHORT TITLE. ‘‘This title may be cited as the ‘Columbia Orbiter Me- morial Act’. ‘‘SEC. 302. CONSTRUCTION OF MEMORIAL TO CREW OF COLUMBIA ORBITER AT ARLINGTON NA- TIONAL CEMETERY. ‘‘(a) CONSTRUCTION REQUIRED.—The Secretary of the Army shall, in consultation with the Administrator of the National Aeronautics and Space Administration, construct at an appropriate place in Arlington National Cemetery, Virginia, a memorial marker honoring the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, over the State of Texas during the landing of space shuttle mission STS–107. ‘‘(b) AVAILABILITY OF FUNDS.—Of the amount appro- priated or otherwise made available by title II of the Department of Defense Appropriations Act, 2003 (Public Law 107–248) under the heading ‘Operation and Mainte- nance, Army’ [116 Stat. 1521], $500,000 shall be available for the construction of the memorial marker required by subsection (a). ‘‘SEC. 303. DONATIONS FOR MEMORIAL FOR CREW OF COLUMBIA ORBITER. ‘‘(a) AUTHORITY TO ACCEPT DONATIONS.—The Adminis- trator of the National Aeronautics and Space Adminis- tration may accept gifts and donations of services, money, and property (including personal, tangible, or intangible property) for the purpose of an appropriate memorial or monument to the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, over the State of Texas during the landing of space shuttle mission STS–107, whether such memorial or monument is constructed by the Administrator or is the memorial marker required by section 302. ‘‘(b) TRANSFER.—(1) The Administrator may transfer to the Secretary of the Army any services, money, or property accepted by the Administrator under sub- section (a) for the purpose of the construction of the memorial marker required by section 302. ‘‘(2) Any moneys transferred to the Secretary under paragraph (1) shall be merged with amounts in the ac- count referred to in subsection (b) of section 302, and shall be available for the purpose referred to in that subsection. ‘‘(c) EXPIRATION OF AUTHORITY.—The authority of the Administrator to accept gifts and donations under sub- section (a) shall expire 5 years after the date of the en- actment of this Act [Apr. 16, 2003].’’ AUTHORIZATION OF PLACEMENT OF A MEMORIAL IN AR- LINGTON NATIONAL CEMETERY HONORING WORLD WAR II VETERANS WHO FOUGHT IN THE BATTLE OF THE BULGE Pub. L. 107–330, title II, § 204, Dec. 6, 2002, 116 Stat. 2824, provided that: ‘‘The Secretary of the Army is au- thorized to place in Arlington National Cemetery a me- morial marker honoring veterans who fought in the battle in the European theater of operations during World War II known as the Battle of the Bulge.’’ § 2410. Burial of cremated remains in Arlington National Cemetery (a) The Secretary of the Army shall designate an area of appropriate size within Arlington Na- tional Cemetery for the unmarked interment, in accordance with such regulations as the Sec- retary may prescribe, of the ashes of persons eli- gible for interment in Arlington National Ceme- tery 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 de- sire may indicate their desire to be buried with- in 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 per- son 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 Page 636 TITLE 38—VETERANS’ BENEFITS § 2410A 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. (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; re- numbered § 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.) 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, pro- vided that: ‘‘(1) IN GENERAL.—The amendment made by sub- section (a) [amending this section] shall apply with re- spect 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, mau- soleum, columbarium, niche, or other similar formal location.’’ § 2410A. Arlington National Cemetery: other ad- ministrative matters (a) ONE GRAVESITE.—(1) Not more than one gravesite may be provided at Arlington National Cemetery to a veteran or member of the Armed Forces who is eligible for interment or inurnment at such cemetery. (2) The Secretary of the Army may waive the prohibition in paragraph (1) as the Secretary of the Army considers appropriate. (b) PROHIBITION AGAINST RESERVATION OF GRAVESITES.—(1) A gravesite at Arlington Na- tional Cemetery may not be reserved for an indi- vidual before the death of such individual. (2)(A) The President may waive the prohibi- tion in paragraph (1) as the President considers appropriate. (B) Upon waiving the prohibition in paragraph (1), the President shall submit notice of such waiver to— (i) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Sen- ate; and (ii) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (Added Pub. L. 112–154, title VI, § 602(a), Aug. 6, 2012, 126 Stat. 1199.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 112–154, title VI, § 602(c), Aug. 6, 2012, 126 Stat. 1200, provided that: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), section 2410A of title 38, United States Code, as added by subsection (a), shall apply with respect to all inter- ments at Arlington National Cemetery after the date of the enactment of this Act [Aug. 6, 2012]. ‘‘(2) EXCEPTION.—Subsection (b) of such section, as so added, shall not apply with respect to the interment of an individual for whom a request for a reserved gravesite was approved by the Secretary of the Army before January 1, 1962.’’ § 2411. Prohibition against interment or memori- alization in the National Cemetery Adminis- tration or Arlington National Cemetery of persons committing certain Federal or State crimes (a)(1) In the case of a person described in sub- section (b), the appropriate Federal official may not— (A) inter the remains of such person in a cemetery in the National Cemetery Adminis- tration or in Arlington National Cemetery; or (B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Ar- lington National Cemetery (described in sec- tion 2409(a) of this title). (2) In the case of a person described in sub- section (b)(1), (b)(2), or (b)(4), the prohibition under paragraph (1) shall not apply unless writ- ten notice of a conviction referred to in sub- section (b)(1), (b)(2), or (b)(4), as the case may be, is received by the appropriate Federal official before the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal crime, or by an appropriate State official, in the case of a State crime. (b) A person referred to in subsection (a) is any of the following: (1) A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President). (2) A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State). (3) A person who— (A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but (B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid pros- ecution. (4) A person— (A) who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Of- fender Registration and Notification Act (34 U.S.C. 20901 et seq.); and (B) who, for such crime, is sentenced to a minimum of life imprisonment or to a period of 99 years or more; and