‘‘§ 2412. Arlington National Cemetery: person eligible
for interment; authorized headstones and
markers
‘‘(a) ELIGIBILITY.—The remains of the following in-
dividuals may be interred in Arlington National Cemetery:
‘‘(1) Any member of the Armed Forces who
dies while on active duty (other than active duty for
training).
‘‘(2) Any retired member of the Armed Forces
who—
‘‘(A) served on active duty (other than for
training);
‘‘(B) is carried on a retired list; and
‘‘(C) is entitled to receive retired pay.
‘‘(3) Any former member of the Armed Forces
separated for physical disability before October 1,
1949, who—
‘‘(A) served on active duty (other than for
training); and
‘‘(B) would have been eligible for retire-
ment under the provisions of section 1201 of
title 10 (relating to retirement for disability)
had that section been in effect on the date of
separation of the member.
‘‘(4) Any former member of the Armed Forces
whose last active duty military service (other than
for training) terminated honorably and who has been
awarded one of the following decorations:
‘‘(A) Medal of Honor.
‘‘(B) Distinguished Service Cross (Air
Force Cross or Navy Cross).
‘‘(C) Distinguished Service Medal.
‘‘(D) Silver Star.
‘‘(E) Purple Heart.
‘‘(5) Any former prisoner of war—
‘‘(A) who, while a prisoner of war, served
honorably in the active military, naval, or air
service;
‘‘(B) whose last period of active military,
naval, or air service terminated honorably; and
‘‘(C) who died on or after November 30,
1993.
‘‘(6) Any former member of the Armed Forces
whose last active duty military service (other than
for training) terminated honorably and who has held
any of the following positions:
‘‘(A) An elective office of the United States
Government.
‘‘(B) The office of the Chief Justice of the
United States or of an Associate Justice of the
Supreme Court of the United States.
‘‘(C) An office listed in section 5312 or
5313 of title 5 (relating to Executive Schedule
I and Executive Schedule II).
‘‘(D) A qualifying chief of mission position
in the Department of State.
‘‘(7) The President or any former President.
‘‘(8) Subject to subsection (b) and (c), the
spouse, surviving spouse, minor child and, at the dis-
cretion of the Superintendent of Arlington National
Cemetery, unmarried adult child of a person listed
in paragraphs (1) through (6).
‘‘(9) Subject to subsection (b), the spouse, sur-
viving spouse, minor child, and, at the discretion of
the Superintendent of Arlington National Cemetery,
unmarried adult child of a member of the Armed
Forces who is buried in Arlington National Ceme-
tery as part of a group burial, but the spouse, sur-
viving spouse, minor child, or unmarried adult child
may not be buried in the group gravesite.
‘‘(10) Subject to subsection (b), the spouse,
surviving spouse, minor child, and, at the discretion
of the Superintendent of Arlington National Ceme-
tery, unmarried adult child of any person already
buried in Arlington National Cemetery.
‘‘(11) The parents of a minor child or unmar-
ried adult child whose remains, based on the eligi-
bility of a parent, are already buried in Arlington
National Cemetery.
‘‘(b) SPOUSES.—(1) For purposes of paragraph (9)
of subsection (a), the term ‘spouse’ includes the widow or
widower of a member of the Armed Forces who was lost
or buried at sea or who was officially determined to be
permanently absent in a status of missing or missing in
action.
‘‘(2) For purposes of paragraph (8), (9), and (10)
of subsection (a), a surviving spouse who has remarried
and whose remarriage is void, terminated by death, or dis-
solved by annulment or divorce by a court with basic au-
thority to render such decrees regains eligibility for burial
in Arlington National Cemetery unless it is determined by
the Secretary of the Army that the decree of annulment
or divorce was secured through fraud or collusion.
‘‘(c) SAME GRAVESITE LIMITATION INAPPLICABLE IN
CERTAIN CASES.—(1)(A) In the case of a gravesite of a
spouse (whose remains have been buried in Arlington Na-
tional Cemetery under paragraph (8) of subsection (a))
that cannot accommodate the subsequent burial of re-
mains of a person listed in paragraphs (1) through (6)
of subsection (a) due to encroachment of roots of trees,
shrubs, plants, or to a similar event, the Superintendent
of Arlington National Cemetery may provide for the burial
of remains of the person in another gravesite in Arlington
National Cemetery.
‘‘(B) The burial of remains of the person in another
gravesite in Arlington National Cemetery by reason of
subparagraph (A) shall not give rise to eligibility for burial
of remains of any other individual in that gravesite.
‘‘(2) In the case of a gravesite of a person listed in
paragraphs (1) through (6) of subsection (a) (whose re-
mains have been buried in Arlington National Cemetery)
that cannot accommodate the subsequent burial of re-
mains of an otherwise eligible person described in para-
graph (8) of subsection (a) due to such encroachment or
similar event, the Superintendent of Arlington National
Cemetery may not provide for the burial of remains of that
otherwise eligible person in another gravesite in Arlington
National Cemetery.
‘‘(d) DISABLED ADULT UNMARRIED CHILDREN.—In
the case of an unmarried adult child who is incapable of
self-support up to the time of death because of a physical
or mental condition, the child may be buried under para-
graph (7) of subsection (a) without requirement for ap-
proval by the Superintendent of Arlington National Ceme-
tery under that paragraph if the burial is in the same