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This regulatory action amends eligibility criteria for in-ground interment and above ground inurnment at Arlington National Cemetery (ANC) and the U.S. Soldiers’ and Airmen’s Home National Cemetery in order to meet the intent of the FY19 NDAA. Nonsignificant portions of this regulation also define important terms and add or amend other governing policies for operations in Army cemeteries.

Statement of Need:

Directed by Public Law 115-232.

Summary of the Legal Basis:

This regulation is proposed under the authorities of section 598 of Public Law 115-232.

Alternatives:

Alternatives considered include taking no action and the next best alternative. Taking no action would not meet the intent of the FY19 NDAA. The next best alternative includes physical expansion of ANC to include adjacent land, which would not only be costly but also not meet the intent of the FY19 NDAA.

Anticipated Costs and Benefits:

The Army anticipates no additional cost to the public. However, this regulatory action is expected to reduce financial burden on affected families, especially those that live outside the local region. These families can expect to save between $654 and $5,126 in transportation costs for casketed remains by utilizing the substantial military cemetery network available to them through the Department of Veterans Affairs. This reduction does not even consider storage costs or family transportation costs. In FY18, 3,223 families, or 49.8%, lived outside the local region defined as Virginia, Maryland, Pennsylvania, North Carolina, West Virginia, and the District of Columbia. 

In addition, the Army anticipates that affected families will experience substantially shorter wait times for funeral services at Department of Veterans Affairs’ cemeteries other  than ANC. As of June 2019, wait times at ANC ranged from 29 to 49 weeks. These long wait times are attributed to a high demand that has exceeded operational capability for several years. Annually, 8,000 to 9,000 families request funeral services at ANC, and ANC’s operational capability remains approximately 6,500 funeral services per year.

Risks:

This regulatory action is expected to affect the eligibility (only at ANC) of a large portion of the approximately 22 million living Veterans and military service members. As such, a risk is this population will incorrectly assume that this regulatory action applies to other Veterans cemeteries. In addition, this regulation action is likely to attract the public’s attention and significant interest from military and Veterans service organizations. The following factors apply to risk: ANC has less than 99,000 remaining burial spaces; a substantial network of military cemeteries exist throughout the United States, including 136 Veterans Affairs national cemeteries and 112 State Veterans cemeteries; and historically, only about 1 percent of military service members and Veterans choose to be laid to rest at ANC.