§ 2402. — Persons eligible for interment in national cemeteries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC2402]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS
Sec. 2402. Persons eligible for interment in national cemeteries
Under such regulations as the Secretary may prescribe and subject to
the provisions of section 6105 of this title, the remains of the
following persons may be buried in any open national cemetery under the
control of the National Cemetery Administration:
(1) Any veteran (which for the purposes of this chapter includes a
person who died in the active military, naval, or air service).
(2) Any member of a Reserve component of the Armed Forces, and any
member of the Army National Guard or the Air National Guard, whose death
occurs under honorable conditions while such member is hospitalized or
undergoing treatment, at the expense of the United States, for injury or
disease contracted or incurred under honorable conditions while such
member is performing active duty for training, inactive duty training,
or undergoing that hospitalization or treatment at the expense of the
United States.
(3) Any member of the Reserve Officers' Training Corps of the Army,
Navy, or Air Force whose death occurs under honorable conditions while
such member is--
(A) attending an authorized training camp or on an authorized
practice cruise;
(B) performing authorized travel to or from that camp or cruise;
or
(C) hospitalized or undergoing treatment, at the expense of the
United States, for injury or disease contracted or incurred under
honorable conditions while such member is--
(i) attending that camp or on that cruise;
(ii) performing that travel; or
(iii) undergoing that hospitalization or treatment at the
expense of the United States.
(4) Any citizen of the United States who, during any war in which
the United States is or has been engaged, served in the armed forces of
any government allied with the United States during that war, and whose
last such service terminated honorably.
(5) The spouse, surviving spouse (which for purposes of this chapter
includes an unremarried surviving spouse who had a subsequent remarriage
which was terminated by death or divorce), minor child (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), and, in the discretion of the Secretary,
unmarried adult child of any of the persons listed in paragraphs (1)
through (4) and paragraph (7).
(6) Such other persons or classes of persons as may be designated by
the Secretary.
(7) Any person who at the time of death was entitled to retired pay
under chapter 1223 of title 10 or would have been entitled to retired
pay under that chapter but for the fact that the person was under 60
years of age.
(8) Any individual whose service is described in section 107(a) of
this title if such individual at the time of death--
(A) was a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States; and
(B) resided in the United States.
(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 75, Sec. 1002;
amended Pub. L. 99-576, title VII, Sec. 701(54), Oct. 28, 1986, 100
Stat. 3295; Pub. L. 101-237, title III, Sec. 313(b)(1), Dec. 18, 1989,
103 Stat. 2077; Pub. L. 102-40, title IV, Sec. 402(d)(1), May 7, 1991,
105 Stat. 239; renumbered Sec. 2402, Pub. L. 102-83, Sec. 5(a), Aug. 6,
1991, 105 Stat. 406; Pub. L. 103-240, Sec. 1, May 4, 1994, 108 Stat.
609; Pub. L. 103-446, title VIII, Secs. 801, 802, Nov. 2, 1994, 108
Stat. 4675; Pub. L. 104-275, title II, Sec. 211, Oct. 9, 1996, 110 Stat.
3330; Pub. L. 105-368, title IV, Sec. 403(c)(5), Nov. 11, 1998, 112
Stat. 3338; Pub. L. 106-419, title III, Sec. 331(a), title IV,
Sec. 404(a)(5), Nov. 1, 2000, 114 Stat. 1856, 1865.)
Amendments
2000--Par. (7). Pub. L. 106-419, Sec. 404(a)(5), substituted
``chapter 1223 of title 10'' for ``chapter 67 of title 10''.
Par. (8). Pub. L. 106-419, Sec. 331(a), added par. (8).
1998--Pub. L. 105-368 substituted ``under the control of the
National Cemetery Administration'' for ``in the National Cemetery
System'' in introductory provisions.
1996--Par. (5). Pub. 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). Pub. 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''.
Pub. L. 103-240, Sec. 1(b), inserted ``and paragraph (7)'' after
``paragraphs (1) through (4)''.
Par. (7). Pub. L. 103-240, Sec. 1(a), added par. (7).
1991--Pub. L. 102-83 renumbered section 1002 of this title as this
section.
Pub. L. 102-40 substituted ``6105'' for ``3505'' in introductory
provisions.
1989--Pub. L. 101-237 substituted ``Secretary'' for
``Administrator'' wherever appearing.
1986--Pars. (2), (3). Pub. L. 99-576, Sec. 701(54)(A), substituted
``while such member'' for ``while he'' wherever appearing.
Par. (5). Pub. L. 99-576, Sec. 701(54)(B), struck out ``wife,
husband,'' before ``surviving spouse''.
Effective Date of 2000 Amendment
Amendment by section 331(a) of Pub. L. 106-419 applicable with
respect to deaths occurring on or after Nov. 1, 2000, see section 331(c)
of Pub. L. 106-419, set out as a note under section 107 of this title.
Eligibility of Former Prisoners of War for Burial in Arlington National
Cemetery
Pub. L. 103-160, div. A, title XI, Sec. 1176, Nov. 30, 1993, 107
Stat. 1768, provided that:
``(a) Eligibility for Burial.--Former prisoners of war described in
subsection (b) are eligible for burial in Arlington National Cemetery,
Arlington, Virginia.
``(b) 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.''
Section Referred to in Other Sections
This section is referred to in sections 107, 2301, 2306 of this
title.
