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.
PL 114-158 (H.R.4336), enacted 05/20/2016

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 mili-
tary 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 sub-
section, 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 inter-
ment 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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130 STAT. 395 
PUBLIC LAW 114–158—MAY 20, 2016 
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. 
(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 nec-
essary 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 opportuni-
ties beyond the current boundaries of the cemetery. 
Approved May 20, 2016. 
Recommenda- 
tions. 
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