[Congressional Record Volume 147, Number 168 (Thursday, December 6, 2001)]
[Senate]
[Page S12555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WARNER (for himself, Mr. Stevens, Mr. Allen, Mr. Cleland, 
        and Mr. Inouye):
  S. 1782. A bill to authorize the burial in Arlington National 
Cemetery of any former Reservist who died in the September 11, 2001, 
terrorist attacks and would have been eligible for burial in Arlington 
National Cemetery but for age at time of death; to the Committee on 
Veterans' Affairs.
  Mr. WARNER. Mr. President, I rise today to introduce legislation for 
myself, Senator Stevens, Senator Allen Senator Cleland, and Senator 
Inouye to provide a exception to the rules governing burials at 
Arlington national Cemetery.
  This very limited legislation will permit individuals with extensive 
military service, who lost their lives on September 11, to be buried at 
Arlington National Cemetery.
  I am introducing this legislation today, along with my colleagues, to 
address a specific situation that involves Captain Charles F. ``Chic'' 
Burlingame III, a resident of Oak Hills Virginia and others who may 
have the same accrued entitlement.
  Captain Burlingame was the pilot of American Airlines flight 77, that 
ill-fated aircraft which was hi-jacked by terrorists and used as a 
horrible weapon of destruction against the Pentagon on September 11.
  Captain Burlingame, however, was more than the pilot of that plane--
he was also a retired veteran of the United States Navy.
  He served his country with distinction for 8 years by flying fighter 
planes off aircraft carriers--one of the military's most hazardous 
duties.
  He continued his military career as a reserve officer, honorably 
retiring with the rank of Captain. Ironically, Captain Burlingame's 
reserve duty was in the Pentagon, a building he knew so well.
  In the aftermath of September 11 we have learned of many heroic acts 
of those who lost their lives in trying to overcome the terrorists on 
that tragic morning. This is certainly true in the case of Captain 
Burlingame.
  Recent information from the FBI indicate that Captain Burlingame was 
killed by the terrorists prior to the crash of the Flight 77 into the 
Pentagon. Clearly, Captain Burlingame gave his life fighting to protect 
the passengers of the plane and those on the ground. One can clearly 
see that Captain Burlingame and those who lost their lives on September 
11 were the first casualties of our War on Terrorism.
  Arlington Cemetery is the resting place for many American heroes who 
gave their lives to protect American freedoms. Certainly, Captain 
Burlingame's service to country and his sacrifice on Flight 77 should 
be recognized by our nation.
  Captain Burlingame's widow, Sheri, and his brothers and sisters, 
desire that Captain Burlingame be buried in Arlington National 
Cemetery. Captain Burlingame's superb military service would make him 
eligible for burial in any of our other National Cemeteries.
  The very strict regulations which govern burials at Arlington, 
however, do not allow for burial of a person retired from the Reserves 
until they reach sixty years of age. Had he merely reached the age of 
sixty, he would have been fully eligible for burial in Arlington 
National Cemetery.
  Additionally, there may be others who lost their lives on September 
11 who are in a similar situation. This bill will also allow those 
person to be buried in Arlington National Cemetery.
  I respectfully request that my colleagues support this effort.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1782

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AUTHORITY FOR BURIAL OF CERTAIN INDIVIDUALS AT 
                   ARLINGTON NATIONAL CEMETERY.

       (a) In General.--The Secretary of the Army shall authorize 
     the burial in a separate gravesite at Arlington National 
     Cemetery, Virginia, of any individual who--
       (1) died as a direct result of the terrorist attacks on the 
     United States on September 11, 2001; and
       (2) would have been eligible for burial in Arlington 
     National Cemetery by reason of service in a reserve component 
     of the Armed Forces but for the fact that such individual was 
     less than 60 years of age at the time of death.
       (b) Eligibility of Surviving Spouse.--The surviving spouse 
     of an individual buried in a gravesite in Arlington National 
     Cemetery under the authority provided under subsection (a) 
     shall be eligible for burial in the gravesite of the 
     individual to the same extent as the surviving spouse of any 
     other individual buried in Arlington National Cemetery is 
     eligible for burial in the gravesite of such other 
     individual.

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