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VA RIN: 2900-AS06 Publication ID: Spring 2024 
Title: ●Expansion of Prohibition of Interment or Memorialization of Persons Committing Certain Crimes 
Abstract:

The Department of Veterans Affairs (VA) is amending its regulations that prohibit interment or memorialization of persons who have not been convicted of Federal or State capital crimes or certain sex offenses due to death or flight to avoid prosecution. This action is necessary to implement a new statutory requirement made by section 6 of the National Cemeteries Preservation and Protection Act of 2022 (Public Law 117-355) enacted December 22, 2022.  VA is now required to prohibit interment and memorialization of a person who is found to have committed a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act but has not been convicted of such crime due to death or flight to avoid prosecution. This final rule also amends the maximum possible penalty for sex offender prohibition to apply for conviction cases to include a term of 99 years or more, in addition to the sentence of life imprisonment.  The intended effect of this final rule is to update existing regulations that implement the statutory bar to entitled benefits for individuals who commit certain criminal acts and uphold the dignity and solemnity of VA national cemeteries as national shrines. 

 
Agency: Department of Veterans Affairs(VA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 38 CFR 38.617    38 CFR 38.618   
Legal Authority: 38 U.S.C. 2408    2 U.S.C. 1532   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  04/25/2024  89 FR 31636   
Final Action Effective  04/25/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Artis Parker
Executive Director, Office of Field Programs, National Cemetery Administration,
Department of Veterans Affairs
810 Vermont Avenue, NW,,
Washington, DC 20420
Phone:314 416-6304
Email: artis.parker@va.gov