[114th Congress Public Law 158]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 394]]

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. <<NOTE: May 20, 
                         2016 -  [H.R. 4336]>> 

    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) <<NOTE: 38 USC 2410 note.>>  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) <<NOTE: Estimate. Determination.>>  the estimated date 
        that the Secretary determines the cemetery will reach maximum 
        interment and inurnment capacity; and

[[Page 130 STAT. 395]]

            (2) <<NOTE: Recommenda- tions.>>  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.

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.

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