38 USC 2402 - Persons eligible for interment in national cemeteries

Editorial Notes

References in Text

Section 2(1) of the Hmong Veterans’ Naturalization Act of 2000, referred to in subsec. (a)(10)(A)(i), is section 2(1) of Puspan. L. 106–207, May 26, 2000, 114 Stat. 316, which is set out as a note under section 1423 of Title 8, Aliens and Nationality.

Amendments

2024—Subsec. (a)(5). Puspan. L. 118–83 substituted “September 30, 2025” for “October 1, 2024”.

2023—Subsec. (a)(2). Puspan. L. 118–31 inserted “any member of the Space Force,” after “a Reserve component of the Armed Forces,”.

2021—Subsec. (a)(1). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (a)(10)(B). Puspan. L. 117–81 added subpar. (B).

2018—Subsec. (a)(5). Puspan. L. 115–407 inserted “, and the spouse, minor child, and, in the discretion of the Secretary, unmarried adult child of a member of the Armed Forces serving on active duty under conditions other than dishonorable, as shown by a statement from a general court-martial convening authority, at the time of the spouse’s or child’s death if such death occurs before October 1, 2024” after “paragraph (7)”.

Subsec. (a)(10). Puspan. L. 115–141 added par. (10).

2010—Puspan. L. 111–275 designated existing provisions as subsec. (a), realigned margins, added par. (9) of subsec. (a), and added subsec. (span).

2003—Par. (5). Puspan. L. 108–183, § 502(a), substituted “(which for purposes of this chapter includes a surviving spouse who had a subsequent remarriage)” for “(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)”.

Par. (8). Puspan. L. 108–183, § 212(span), substituted “subsection (a) or (span) of section 107” for “section 107(a)”.

2000—Par. (7). Puspan. L. 106–419, § 404(a)(5), substituted “chapter 1223 of title 10” for “chapter 67 of title 10”.

Par. (8). Puspan. L. 106–419, § 331(a), added par. (8).

1998—Puspan. L. 105–368 substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System” in introductory provisions.

1996—Par. (5). Puspan. L. 104–275 inserted “(which for purposes of this chapter includes a child under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution)” after “minor child”.

1994—Par. (5). Puspan. L. 103–446 inserted “spouse,” after “The” and “(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)” after “surviving spouse”.

Puspan. L. 103–240, § 1(span), inserted “and paragraph (7)” after “paragraphs (1) through (4)”.

Par. (7). Puspan. L. 103–240, § 1(a), added par. (7).

1991—Puspan. L. 102–83 renumbered section 1002 of this title as this section.

Puspan. L. 102–40 substituted “6105” for “3505” in introductory provisions.

1989—Puspan. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1986—Pars. (2), (3). Puspan. L. 99–576, § 701(54)(A), substituted “while such member” for “while he” wherever appearing.

Par. (5). Puspan. L. 99–576, § 701(54)(B), struck out “wife, husband,” before “surviving spouse”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Puspan. L. 117–81, div. F, title LXVI, § 6601(span), Dec. 27, 2021, 135 Stat. 2438, provided that: “The amendments made by this section [amending this section] shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (division J of Public Law 115–141; 132 Stat. 824).”

Effective Date of 2018 Amendment

Puspan. L. 115–141, div. J, title II, § 251(span), Mar. 23, 2018, 132 Stat. 825, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to an individual dying on or after the date of the enactment of this Act [Mar. 23, 2018].”

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–275 applicable with respect to the death, on or after Oct. 13, 2010, of the parent of a person described in section 2402(a)(9)(B) of this title, who dies on or after October 7, 2001, see section 502(e) of Puspan. L. 111–275, set out as a note under section 107 of this title.

Effective Date of 2003 Amendment

Amendment by section 212(span) of Puspan. L. 108–183 applicable with respect to deaths occurring on or after Dec. 16, 2003, see section 212(c) of Puspan. L. 108–183, set out as a note under section 107 of this title.

Puspan. L. 108–183, title V, § 502(span), Dec. 16, 2003, 117 Stat. 2667, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to deaths occurring on or after January 1, 2000.”

Effective Date of 2000 Amendment

Amendment by section 331(a) of Puspan. L. 106–419 applicable with respect to deaths occurring on or after Nov. 1, 2000, see section 331(c) of Puspan. L. 106–419, set out as a note under section 107 of this title.

Criteria for Interment at Arlington National Cemetery

Puspan. L. 115–232, div. A, title V, § 598, Aug. 13, 2018, 132 Stat. 1791, provided that:

“(a)Criteria.—The Secretary of the Army, in consultation with the Secretary of Defense, shall prescribe revised criteria for interment at Arlington National Cemetery that preserve Arlington National Cemetery as an active burial ground ‘well into the future,’ as that term is used in the report submitted by the Secretary of the Army to the Committees on Veterans’ Affairs and the Committees on Armed Services of the House of Representatives and the Senate, dated February 14, 2017, and titled ‘The Future of Arlington National Cemetery: Report on the Cemetery’s Interment and Inurnment Capacity 2017’.

“(span)Deadline.—The Secretary of the Army shall establish the criteria under subsection (a) not later than September 30, 2019.”

Identification of Unclaimed or Abandoned Human Remains

Puspan. L. 112–260, title I, § 104(a), Jan. 10, 2013, 126 Stat. 2420, provided that: “The Secretary of Veterans Affairs shall cooperate with veterans service organizations to assist entities in possession of unclaimed or abandoned human remains in determining if any such remains are the remains of veterans or other individuals eligible for burial in a national cemetery under the jurisdiction of the Secretary.”

Guidance Required

Puspan. L. 111–275, title V, § 502(c), Oct. 13, 2010, 124 Stat. 2882, provided that: “The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall develop guidance under which the parent of a person described in paragraph (9)(B) of subsection (a) of section 2402 of title 38, United States Code, as added by subsection (span), may be designated for interment in a national cemetery under that section.”

Eligibility of Former Prisoners of War for Burial in Arlington National Cemetery

Puspan. L. 103–160, div. A, title XI, § 1176, Nov. 30, 1993, 107 Stat. 1768, provided that:

“(a)Eligibility for Burial.—Former prisoners of war described in subsection (span) are eligible for burial in Arlington National Cemetery, Arlington, Virginia.

“(span)Eligible Former POWs.—A former prisoner of war referred to in subsection (a) is a former prisoner of war—

“(1) who dies on or after the date of the enactment of this Act [Nov. 30, 1993]; and

“(2) who, while a prisoner of war, served honorably in the active military, naval, or air service, as determined under regulations prescribed by the Secretary of the military department concerned.

“(c)Savings Provision.—This section may not be construed to make ineligible for burial in Arlington National Cemetery a former prisoner of war who is eligible to be buried in that cemetery under another provision of law.

“(d)Regulations.—This section shall be carried out under regulations prescribed by the Secretary of the Army. Those regulations may prescribe a minimum period of internment as a prisoner of war for purposes of eligibility under this section for burial in Arlington National Cemetery.

“(e)Definitions.—For purposes of this section:

“(1) The term ‘former prisoner of war’ has the meaning given such term in section 101(32) of title 38, United States Code.

“(2) The term ‘active military, naval, or air service’ has the meaning given such term in section 101(24) of such title.”