View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOD/DOA RIN: 0702-AB08 Publication ID: Fall 2020 
Title: Army Cemeteries 

This regulatory action proposes to amend 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.

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 32 CFR 553   
Legal Authority: Pub. L. 115-232, sec. 598    10 U.S.C. 7722    10 U.S.C. 7721   
Legal Deadline:  None

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 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.


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.

Action Date FR Cite
NPRM  09/15/2020  85 FR 57640   
NPRM Comment Period End  11/16/2020 
Final Action  04/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Brenda S. Bowen
Department of Defense
Department of the Army
U.S. Army Records Management and Declassification Agency, ATTN: AAHS-RDR-C, 9301 Chapek Road, Suite 1NW6305,
Ft. Belvoir, VA 22060
Phone:571 515-0206