130 STAT. 394 PUBLIC LAW 114–158—MAY 20, 2016 

Public Law 114–158 

114th Congress 

An Act 

To amend title 38, United States Code, to provide for the inurnment in Arlington 

National Cemetery of the cremated remains of certain persons whose service 

has been determined to be active service. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. INURNMENT OF CREMATED REMAINS IN ARLINGTON 

NATIONAL CEMETERY OF CERTAIN PERSONS WHOSE 

SERVICE IS DEEMED TO BE ACTIVE SERVICE. 

(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.’’. 

(b) APPLICABILITY.— 

(1) IN GENERAL.—The amendment made by subsection (a) 

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. 

SEC. 2. REPORT ON CAPACITY OF ARLINGTON NATIONAL CEMETERY. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of the Army shall submit to the Committees 

on Veterans’ Affairs and the Committees on Armed Services of 

the House of Representatives and the Senate a report on the interment and inurnment capacity of Arlington National Cemetery, 

including— 

(1) the estimated date that the Secretary determines the 

cemetery will reach maximum interment and inurnment 

capacity; and 

Estimate. 

Determination. 

38 USC 2410 

note. 

May 20, 2016 

[H.R. 4336] 


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PUBLIC LAW 114–158—MAY 20, 2016 130 STAT. 395 

LEGISLATIVE HISTORY—H.R. 4336: 

HOUSE REPORTS: No. 114–459, Pt. 1 (Comm. on Veterans’ Affairs). 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Mar. 22, considered and passed House. 

May 10, considered and passed Senate, amended. 

May 11, House concurred in Senate amendments. 

Æ 

(2) in light of the unique and iconic meaning of the cemetery 

to the United States, recommendations for legislative actions 

and nonlegislative options that the Secretary determines necessary to ensure that the maximum interment and inurnment 

capacity of the cemetery is not reached until well into the 

future, including such actions and options with respect to— 

(A) redefining eligibility criteria for interment and 

inurnment in the cemetery; and 

(B) considerations for additional expansion opportunities beyond the current boundaries of the cemetery. 

Approved May 20, 2016. 

Recommendations. 


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