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Title 38 — Veterans' BenefitsRelease 119-73not60

§2410A Arlington National Cemetery: Other Administrative Matters

Title 38 › Part II— GENERAL BENEFITS › Chapter 24— NATIONAL CEMETERIES AND MEMORIALS › § 2410A

Last updated Apr 5, 2026|Official source

Summary

Only one gravesite can be provided at Arlington National Cemetery to a veteran or service member who is eligible for burial or inurnment. The Secretary of the Army can allow more than one gravesite when the Secretary thinks it is appropriate. A gravesite cannot be set aside for someone before they die. The President can make an exception and must notify the Senate Committees on Veterans’ Affairs and Armed Services and the House Committees on Veterans’ Affairs and Armed Services when doing so.

Full Legal Text

Title 38, §2410A

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)Not more than one gravesite may be provided at Arlington National Cemetery to a veteran or member of the Armed Forces who is eligible for interment or inurnment at such cemetery.
(2)The Secretary of the Army may waive the prohibition in paragraph (1) as the Secretary of the Army considers appropriate.
(b)(1)A gravesite at Arlington National Cemetery may not be reserved for an individual before the death of such individual.
(2)(A)The President may waive the prohibition in paragraph (1) as the President considers appropriate.
(B)Upon waiving the prohibition in paragraph (1), the President shall submit notice of such waiver to—
(i)the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and
(ii)the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 112–154, title VI, § 602(c), Aug. 6, 2012, 126 Stat. 1200, provided that: “(1) In general.—Except as provided in paragraph (2), section 2410A of title 38, United States Code, as added by subsection (a), shall apply with respect to all interments at Arlington National Cemetery after the date of the enactment of this Act [Aug. 6, 2012]. “(2) Exception.—Subsection (b) of such section, as so added, shall not apply with respect to the interment of an individual for whom a request for a reserved gravesite was approved by the Secretary of the Army before January 1, 1962.”

Reference

Citations & Metadata

Citation

38 U.S.C. § 2410A

Title 38 — Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60