[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[House]
[Pages H10476-H10480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    ELIGIBILITY OF CERTAIN PERSONS FOR BURIAL IN ARLINGTON NATIONAL 
                                CEMETERY

  Mr. SMITH of New Jersey. Madam Speaker, I move to suspend the rules 
and pass the bill (H.R. 3423) to amend title 38, United States Code, to 
enact into law eligibility of certain veterans and their dependents for 
burial in Arlington National Cemetery, as amended.
  The Clerk read as follows:

                               H.R. 3423

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

     SECTION 1. ELIGIBILITY OF CERTAIN PERSONS FOR BURIAL IN 
                   ARLINGTON NATIONAL CEMETERY.

       (a) In General.--(1) Chapter 24 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2412. Arlington National Cemetery: eligibility of 
       certain persons for burial

       ``(a)(1) The remains of a member or former member of a 
     reserve component of the Armed Forces who at the time of 
     death was under 60 years of age and who, but for age, would 
     have been eligible at the time of death for retired pay under 
     chapter 1223 of title 10 may be buried in Arlington National 
     Cemetery on the same basis as the remains of members of the 
     Armed Forces entitled to retired pay under that chapter.
       ``(2) The remains of the dependents of a member whose 
     remains are permitted under paragraph (1) to be buried in 
     Arlington National Cemetery may be buried in that cemetery on 
     the same basis as dependents of members of the Armed Forces 
     entitled to retired pay under such chapter 1223.
       ``(b)(1) The remains of a member of a reserve component of 
     the Armed Forces who dies in the line of duty while on active 
     duty for training or inactive duty training may be buried in 
     Arlington National Cemetery on the same basis as the remains 
     of a member of the Armed Forces who dies while on active 
     duty.
       ``(2) The remains of the dependents of a member whose 
     remains are permitted under paragraph (1) to be buried in 
     Arlington National Cemetery may be buried in that cemetery on 
     the same basis as dependents of members on active duty.''.
       (2) The table of sections at the beginning of chapter 24 of 
     title 38, United States Code, is amended by adding at the end 
     the following new item:

``2412. Arlington National Cemetery: eligibility of certain persons for 
              burial.''.

       (b) Effective Date.--Section 2412 of title 38, United 
     States Code, as added by subsection (a), shall apply with 
     respect to interments occurring on or after the date of the 
     enactment of this Act.

     SEC. 2. PLACEMENT OF MEMORIAL IN ARLINGTON NATIONAL CEMETERY 
                   HONORING THE VICTIMS OF THE ACTS OF TERRORISM 
                   PERPETRATED AGAINST THE UNITED STATES ON 
                   SEPTEMBER 11, 2001.

       (a) Authorization To Place Memorial.--The Secretary of the 
     Army is authorized to construct and place in Arlington 
     National Cemetery a memorial marker honoring the victims of 
     the acts of terrorism perpetrated against the United States 
     on September 11, 2001.
       (b) Consultation With Families of Victims Before Use of 
     Authority.--The Secretary of the Army shall consult with the

[[Page H10477]]

     families of victims of such acts of terrorism prior to the 
     exercise of the authority provided for under subsection (a).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from Illinois (Mr. Evans) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I am pleased that the House is considering H.R. 3423, 
as amended, so promptly. This bill would change in-ground burial 
eligibility at Arlington National Cemetery by eliminating the 
requirement that retired reservists be in receipt of their retirement 
pay.
  Reservists must be 60 years old to receive pay, and existing Army 
rules do not allow these gray zone retirees to be buried at Arlington. 
The bill would also make eligible for in-ground burial reservists who 
die in the line of duty during active or inactive training.
  Madam Speaker, Arlington is the Nation's most famous veterans 
cemetery with a storied history of American heros who are buried there. 
However, there is limited space for in-ground burial at the cemetery. 
In 1967, the Army adopted rules restricting eligibility as to which 
veterans can be buried there. It should be noted that Arlington will 
provide space for cremated remains in its columbaria for honorably 
discharged veterans eligible for burial at any of the other national 
cemeteries.
  In general, Army rules restrict in-ground burial at Arlington to 
veterans who were wounded in combat, died on active duty, received one 
of the military service's highest awards for gallantry or were held 
prisoner of war or retired from military service.
  The bill before us, Madam Speaker, would amend those Army rules to 
ensure access for retired reservists such as Captain Charles 
Burlingame, III, the pilot of flight 77 which tragically crashed into 
the Pentagon on September 11. Indeed, Captain Burlingame, a former Navy 
F-4 Phantom fighter pilot, was one of the first casualties in the war 
on terrorism.
  The existing Army rules, however, prevented Captain Burlingame, who 
was 51, from receiving full burial rights at Arlington National 
Cemetery solely because of his age at death.
  In every other aspect, Captain Burlingame was fully qualified having 
served 20 years of service with distinction. Fortunately, Captain 
Burlingame was eventually approved for his own burial in his own grave 
site through a waiver approved by the Secretary of the Army. Captain 
Burlingame deserved the Nation's highest honor of burial at that 
hallowed ground of Arlington, not only because he gave his life trying 
to save his passengers, but because he did his duty to our Nation as a 
member of the Naval Reserve as a combat pilot.
  Burial space is very limited, Madam Speaker, at Arlington; and I 
appreciate the interest in maintaining its strict eligibility rules. 
Those rules have remained essentially unchanged over the last 34 years. 
But the role of our reserve forces has changed markedly over the last 
number of years, the last 34 or so years.
  In the Congress, we have recognized this by authorizing many benefits 
for reservists that previously were only provided to former active duty 
personnel. Reservists play a major role in the modern total force 
concept that protect our freedoms. Today we are unable to go to war 
without mobilizing reservists right from the start. It is inequitable, 
I would suggest, that a reservist who serves our Nation for a minimum 
of 20 years shall have been eligible for in-ground burial at Arlington 
simply because he or she had the misfortune to die prior to the age of 
60. In addition to such distinguished retirees as Captain Burlingame, 
this legislation would make eligible members of the reserve components 
who die in the line of duty while performing weekend or two-week 
reserve duty.
  Frankly, I see no reason why a reservist's eligibility for Arlington 
should be based on whether that person was or was not in training 
status when he or she died in the line of duty. In today's military, 
there is usually no practical difference.
  Madam Speaker, the danger of serving in our Armed Forces is 
emphasized by the thousands of active duty deaths which occur each and 
every year. Almost all of these deaths occur not as a result of hostile 
action, but as the predictable toll of employing young men and women in 
sometimes dangerous and daunting tasks while operating complex weapons 
systems that put them at risk. Many of them are also the result of 
automobile accidents.
  Under current law, we honor each of these service members by offering 
their families honors and benefits because their death occurred in the 
line of duty. One of those honors is to be buried at Arlington National 
Cemetery.
  At our hearing on this last week, Madam Speaker, we received very 
compelling testimony from several witnesses that a military plane crash 
may end the lives of all on board, but that the status of those who 
died may range from active duty to inactive duty training. To afford 
burial at Arlington to one whose status was active duty while denying 
it to yet another who was inactive is illogical, and it is profoundly 
unfair. This bill would make the rules more equitable.
  During the committee consideration of this measure, we agreed to 
adopt an amendment offered by the gentleman from Illinois (Mr. Evans), 
my good friend and colleague, the ranking member of the Committee on 
Veterans' Affairs. The amendment authorizes but does not require the 
construction of a memorial at Arlington Cemetery to all of those that 
were killed on September 11. Under existing regulations, it is 
necessary for Congress to authorize a memorial such as the one 
contemplated in this bill.
  I have met, Madam Speaker, with a number of the families of persons 
who were killed on September 11, and there would undoubtedly be 
constructed a national memorial to their loved ones. This legislation 
respects the desires of the families by requiring the Secretary of the 
Army to consult with them prior to determining whether the memorial 
should be built at Arlington and, if so, how it should be designed in a 
manner that is compatible with the existing cemetery.
  Madam Speaker, this is a good bill. It is urgent that it be passed 
immediately.
  Madam Speaker, I reserve the balance of my time.
  (Mr. EVANS asked and was given permission to revise and extend his 
remarks, and include extraneous material.)
  Mr. EVANS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 3423 as amended. 
Again, I want to thank the chairman of this committee for his 
leadership on this issue, as well as so many others during the course 
of this year. I also want to extend my thanks to the gentleman from 
Indiana (Mr. Simpson), chairman of the Subcommittee on Benefits, and 
the gentleman from Texas (Mr. Reyes), the ranking member, for their 
outstanding efforts during what has been a demanding legislative year.
  Recent events have highlighted for us that America's veterans 
continue to exemplify bravery, courage and conviction. Quite simply 
put, our veterans remain our heroes. I am pleased that this measure 
would revise the Department of Army's current eligibility requirements 
for burial at the Arlington Cemetery to better reflect today's military 
force structure.
  This bill would eliminate the 60-year-age requirement for grade zone 
retired reservists. The need for these changes was highlighted by the 
death of Charles F. Burlingame, III, the pilot of American Airlines 
flight 77 that crashed into the Pentagon on September 11, 2001. He was 
a navy reservist for 17 years and was ineligible to be buried at 
Arlington. After much debate, I was pleased that the Army finally 
agreed to provide a hero's burial for Mr. Burlingame, but the need to 
eliminate this arbitrary rule still remains.
  This bill would also provide Arlington burial for reservists who die 
in the line of duty when performing active or inactive duty training. I 
feel strongly that a member of America's military who was killed in the 
line of service deserves a hero's burial at Arlington. The military and 
veterans organizations that appeared before the committee at our 
hearing unanimously supported the bill.
  Finally, this bill also provides discretionary authority to the 
Secretary of

[[Page H10478]]

the Army for constructing and placing a memorial in the Arlington 
National Cemetery to all the innocent victims who lost their lives in 
the terrorist attacks against the United States on September 11, 2001. 
As a general rule, Arlington's memorials are largely restricted to 
honoring military history. However, past Congresses have provided for 
exceptions in order to memorialize the victims of extraordinary tragic 
events in America's history. For example, Congress has provided for 
memorials at Arlington honoring the Space Shuttle Challenger crew and 
the victims of the Pan Am Flight 103.
  Madam Speaker, this is a good bill for America's veterans. I salute 
the chairman for bringing it quickly to the floor before the end of 
this year.
  Madam Speaker, I rise today in support of H.R. 3423, as amended. I 
want to commend and thank the Chairman of the Committee, Chris Smith, 
for his leadership on this issue and his successful efforts to work 
with Members on both sides of the aisle to so quickly bring this 
measure to the House floor today. I also extend my thanks to the 
Chairman of the Benefits Subcommittee, Mike Simpson, and the Ranking 
Democratic Member, Silvestre Reyes, of their outstanding efforts during 
what has been a demanding legislative year.
  As a Marine and as a member of the Veterans' Affairs Committee since 
1983, I know very well that Arlington National Cemetery is a cherished 
parcel of this Nation's most hallowed ground. In bringing this measure 
before the House for a vote today, every member of the Veterans' 
Affairs Committee has been unequivocal in their personal commitment to 
honor and revere Arlington National Cemetery on behalf of the brave men 
and women of America's military and our veterans.
  Recent events have highlighted for us that America's veterans 
continue to exemplify the bravery, courage and conviction that are 
pillars beneath America's freedom and success throughout history. Quite 
simply, our veterans remain our heroes. I am pleased that H.R. 3423 
would revise the Department of the Army's current eligibility 
requirements for burial at Arlington National Cemetery to better 
reflect this fact.
  As reported unanimously by the Veterans' Affairs Committee, H.R. 3423 
would revise the current burial rules that govern Arlington National 
Cemetery. Specifically, the bill would eliminate the requirement for 
reservists who are eligible for retirement pay and otherwise eligible 
for in-ground burial to be 60 years of age. H.R. 3423 would also 
provide for in-ground burial eligibility for members of the reserve 
components who die in the line of duty while serving their country 
performing active duty or inactive duty training.
  Madam Speaker, when we consider Arlington's in-ground burial 
restrictions, we are immediately faced with conflicting needs. On the 
one hand, we must do our best to preserve Arlington Cemetery's limited 
space for those men and women whose level of commitment and heroism to 
the Nation has been truly extraordinary. On the other hand, we want to 
make a hero's burial available, to the fullest and most uniformly fair 
extent possible, to all our heroes who are so deserving of this honor.

  Whether the rule should remain intact as it is now or whether we 
should reform the rule in some way is a question that required the 
careful thought and consideration of the Committee. After deliberating 
over H.R. 3423, the Committee found it quite difficult to find 
justification to distinguish between sacrifices and contributions to 
the Nation of a career reservist and those of an active duty 
servicemember. There are increasingly dynamic and pressing demands on 
today's modern military. As such, I believe strongly that our active 
duty and reserve forces should share equally when it comes to America's 
grateful show of final respects.
  Similarly, I feel strongly that no reasonable grounds for distinction 
exist between the deaths of our active duty servicemembers and the 
deaths of our reservists who are engaged in active duty or inactive 
duty training. There is no question in my mind that a member of 
America's military who is killed in the line of duty deserves a hero's 
burial at Arlington National Cemetery. Moreover, the various military 
and veterans' organizations that appeared before the Committee at our 
hearing on H.R. 3423 were unanimously in favor of this provision of the 
bill.
  Madam Speaker, on the morning of September 11, 2001, America 
experienced several tragic terrorist attacks in which thousands of 
civilians and military servicemembers perished. The terrorist attacks 
of September 11th were attacks against the United States and its 
citizens. They were acts of war that defined a day of violence, of 
horror and of profound sadness that can never be forgotten. It was also 
the greatest single loss of human life on American soil that we have 
ever had to endure in our history.
  The victims of the terrorist attacks are heroes in every sense of the 
word. As ordinary people on an ordinary day, each would go on to 
display great courage in the face of disparity and unthinkable 
violence. Through our memories of them and their ultimate sacrifices, 
they live on to lead our current war against a faceless enemy.
  H.R. 3423 is dedicated to honoring some of America's heroes. Whether 
at Arlington National Cemetery, or at one of our many other national, 
state or private cemeteries that span the globe, this Nation has chosen 
through time to honor its heroes with proper resting grounds and 
grateful recognition of their contributions and sacrifice.
  In light of America's recent tragedies, I offered an amendment to 
H.R. 3423 during the Committee's markup of the bill that was 
subsequently passed and made part of the bill. As it has now been 
amended, H.R. 3423 provides discretionary authority to the Secretary of 
the Army for constructing and placing a memorial within the Arlington 
National Cemetery to honor all innocent victims who lost their lives in 
the terrorist attacks against the United States on September 11, 2001.
  As the Ranking Democratic Member of the Veterans Affairs Committee 
and a member of the Armed Services Committee, I consider Arlington 
National Cemetery to be especially appropriate for this purpose as 
hundreds of the thousands who were killed on that day were active duty 
servicemembers and veterans. Under current law, memorials at Arlington 
are largely restricted to honoring military history. Congress has 
provided for a number of exceptions to this restriction, however, in 
order to memorialize the victims of extraordinarily tragic events in 
America's history. For example, Congress provided for the placement of 
memorials at Arlington in honor of the crew of the space Shuttle 
Challenger, as well as the victims of Pan Am Flight 103 who were lost 
to terrorism over Lockerbie, Scotland.
  In remembering the tragedies of September 11, the Nation will 
undoubtedly choose to memorialize its victims in countless and 
different ways. President Bush acknowledged on Tuesday of last week 
that permanent memorials would surely be constructed in their honor. I 
agree with the President, and I believe we should act today to move 
forward toward achieving this goal. Arlington National Cemetery is an 
entirely fitting option for the placement of one such memorial for the 
victims of the tragedies of September 11.
  I strongly urge my colleagues to support H.R. 3423, as amended.
                                                December 18, 2001.
     To: House Veterans' Affairs Committee Attention: Deborah 
         Smith
     From: Lawrence Kapp Analyst in National Defense Foreign 
         Affairs, Defense, and Trade Division
     Subject: Definitions of Inactive Duty For Training and Active 
         Duty For Training
       This memorandum is written in response to your request for 
     a definition of ``Inactive Duty Training'' (IDT) and ``Active 
     Duty for Training'' (ADT) as the terms are used in reference 
     to the training status of military reservists. In accordance 
     with your request, the definitions provided are general ones 
     suitable for the non-specialist. I have also attached an 
     extract from DoD Directive 1215.6, Uniform Reserve, Training, 
     and Retirement Categories, which provides more comprehensive 
     definitions.
       Inactive Duty Training is training conducted by members of 
     the Selected Reserve \1\ when they are not on active duty. 
     This type of training is often referred to as ``drill,'' and 
     is usually conducted one weekend per month. Typical duties 
     include individual task training, collective task training, 
     and completion of administrative requirements. Less 
     frequently, IDT is used to support the operational missions 
     of the active component.
       Active Duty for Training (ADT) is one of several different 
     types of active duty. ADT is typically used to fulfill 
     individual or unit training requirements for reservists. For 
     example, a reservist who is sent to a military school to 
     become qualified in a specific military occupational 
     speciality would normally attend the school in an ADT status. 
     An important type of ADT for members of the Selected Reserve 
     is Annual Training (AT), sometimes referred to colloquially 
     as ``summer camp.'' Members of the Selected Reserve are 
     usually required to participate in AT for two weeks each 
     year.
       If you have further questions about training categories for 
     reservists, please do not hesitate to call me at 202-707-
     7609.
                                  ____


                      E1. Enclosure 1 Definitions

       E1.1.1. Active Duty (AD). Full-time duty in the active 
     military service of the United States. It includes full-time 
     training duty, annual training duty, and attendance, while in 
     active military service, at a school designated as a service 
     school by law and the Secretary of the Military Department 
     concerned. It does not include full-time National Guard duty. 
     For the RC, AD is comprised of the categories ADT and ADOT.
       E1.1.2. Active Duty for Special Work (ADSW). A tour of AD 
     for Reserve personnel authorized from military or Reserve 
     personnel appropriations for work on AC or RC programs (ADSW-
     AC funded or ADSW-RC funded). The purposes of ADSW is to 
     provide the necessary skills manpower assets to support 
     existing or emerging requirements. By

[[Page H10479]]

     policy, ADSW tours are normally limited to 139 days, or less, 
     in one fiscal year. Tours exceeding 180 days are accountable 
     against AC or AGR end strength IAW 10 U.S.C. 115 (reference 
     (d)), unless specifically provided for in public law. 
     Training may occur in the conduct of ADSW.
       E1.1.3. Active Duty for Training (ADT). A category of AD 
     used to provide structured individual and/or unit training, 
     or educational courses to RC members. Included in the ADT 
     category are AT, IADT, and OTD. The primary purpose of ADT is 
     to provide individual and/or unit readiness training, but ADT 
     may support AC missions and requirments; i.e., operational 
     support, thereby adding substance to the Total Force.
       E1.1.4. Active Duty Other than for Training (ADOT). A 
     category of AD used to provide RC support to either AC or RC 
     missions. It includes the categories of ADSW, AGR duty, and 
     involutionary AD IAW Sections 12301, 12302, and 12304 of 
     reference (d) and 14 U.S.C. 712 (reference (f)). Training may 
     occur in the conduct of ADOT.
       E1.1.5. Active Guard and Reserve (AGR) Duty. AD performed 
     by a member of an RC of the Army, Navy, Air Force, or Marine 
     Corps, Coast Guard, or FTNGD performed by a member of the 
     National Guard under an order to AD or FTNGD for a period of 
     180 consecutive days or more for organizing, administering, 
     recruiting, instructing, or training the Reserve components. 
     Personel performing such duty are included in the Full Time 
     Support numbers for each RC under the collective title of 
     AGR. This includes Navy Training and Administration of 
     Reserves, Marine Corps Active Reserves, Reserves, and Coast 
     Guard Reserve Program Administrators.
       E1.1.6. Annual Training (AT). It is the minimum period of 
     training that Reserve members must perform each year to 
     satisfy the training requirements associated with their RC's 
     assignment. The primary purpose of AT is to provide 
     individual and/or unit readiness training, but AT may support 
     AC missions and requirements; i.e., operational support, 
     thereby adding substance to the Total Force.
       E1.1.7. Contributory Support. Support to military 
     operations or missions, other than war or contingency 
     operations, provided by members or units of the RCs.
       E.1.1.8. Full-Time National Guard Duty (FTNGD). Training or 
     other duty, other than inactive duty, performed by a member 
     of the ARNGUS or the ANGUS in a member's status as a member 
     of the National Guard of a State territory, the Commonwealth 
     or Puerto Rico, or the District of Columbia as described in 
     10 U.S.C. 101(d)(5) of reference (d). FTNGD is active service 
     IAW Section 101(d)(3) of reference (d).
       E1.1.9. Inactive Duty Training (IDT). Authorized training 
     performed by members of an RC not on AD, and performed in 
     connection with the prescribed activities of the RC, of which 
     they are a member. It consists of regularly scheduled unit 
     training periods, ATPs, and equivalent training as defined in 
     DoD Instruction 1215.19 (reference (e)). The primary purpose 
     of IDT is to provide individual and/or unit readiness 
     training, but IDT may support AC missions and requirements, 
     i.e., operational support, thereby adding substance to the 
     Total Force. IDT also encompasses muster duty, in the 
     performance of the annual screening program.
       E1.1.10 Inital Active Duty Training (IADT). Training that 
     provides basic military training and technical skill training 
     required for all enlisted accessions. Provisions regarding 
     IADT for non-prior Service persons, enlisted members 
     receiving stipends under the Armed Forces Health Professions 
     Stipend Program for Reserve Service, and all other enlistees 
     and/or inductees are provided in reference(e).
       E1.1.11. Involuntary Active Duty. Duty used in support of 
     military operations when it is determined by the President or 
     the Congress that RC forces are required to augment the AC. 
     It is provided for within the provisions of Sections 12301 
     and 12302 of reference (d) for full and partial mobilization, 
     respectively, Section 12304 of reference (d) for Presidential 
     Selected Reserve Call-Up authority, and 14 U.S.C. 712 
     (reference (f)) for Secretary of Transportation Coast Guard 
     Reserve call-ups for domestic emergencies. For other 
     purposes, Secretaries concerned may order members 
     involuntarily to AD IAW provisions of Section 12301(b) or 
     12303 of reference (d).
       E1.1.12. Muster Duty (MD). A special category of IDT. Meets 
     the continuous screening requirement established by Section 
     10149 of reference (d). A member of the Ready Reserve may be 
     ordered without his consent to MD one time a year by an 
     authority designated by the Secretary concerned IAW Section 
     12319 of reference (d).
       E1.1.13. Other Training Duty (OTD). Training, other than 
     IADT or AT, that provides all other structured training, to 
     include on the job training, for individuals or units to 
     enhance proficiency. OTD is authorized to provide for full-
     time attendance at organized and planned specialized skill 
     training, refresher and proficiency training, and 
     professional development education programs. It provides RC 
     members with necessary skills and disciplines supporting RC 
     missions. It should provide a primary training content to the 
     recipient. The primary purpose of ODT is to provide 
     individual and/or unit readiness training, but ODT may 
     support AC missions and requirements; i.e., operational 
     support, thereby adding substance to the Total Force.
       E1.1.14. Reserve Component Categories (RCC). Categories 
     identifying an individual's status in an RC. The three RCCs 
     are Ready Reserve, Standby Reserve, and Retired Reserve. Each 
     RC member is identified by a specific RCC designation.
       E1.1.15. Training and Retired Categories (TRC). Categories 
     identifying (by specific TRC designator) an RC member's 
     training or retirement status in an RCC and an RC.

  Madam Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Madam Speaker, I yield such time as he may 
consume to the distinguished gentleman from New York (Mr. Gilman), the 
dean of the New York delegation.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Madam Speaker, I thank the gentleman from New Jersey (Mr. 
Smith) for yielding me the time.
  Madam Speaker, I rise in strong support of H.R. 3423, amending 
current eligibility requirements for certain veterans to be buried at 
Arlington National Cemetery, and I want to commend the gentleman from 
New Jersey (Mr. Smith), our distinguished chairman of our Committee on 
Veterans' Affairs, who does so much for our veterans, and the gentleman 
from Illinois (Mr. Evans), ranking minority member, for bringing this 
legislation before us this evening.
  This legislation will make eligible for burial at Arlington Cemetery 
a member or former member of a reserve component of the Armed Forces 
who, at the time of death, was below the age of 60, who but for his or 
her age would have been eligible for military retired pay under U.S. 
Code Title X.
  Moreover, the measure also extends eligibility to the member's 
dependents. This bill also makes eligible for burial at Arlington 
National Cemetery a member of a reserve component of the Armed Forces 
who dies in the line of duty while on active duty for training or 
inactive duty training.
  H.R. 3423 further authorizes the Secretary of the Army to construct a 
memorial at Arlington National Cemetery honoring the victims of the 
terrorist attacks against the United States on September 11, and in 
this time when our courageous, dedicated, brave men and women are 
fighting for our Nation's freedom overseas, it is extremely important 
that we ensure those who have made the ultimate sacrifice are properly 
honored.
  Accordingly, I urge my colleagues to support this vital veterans 
legislation.
  Mr. EVANS. Madam Speaker, I yield as much time as she may consume to 
the gentlewoman from Indiana (Ms. Carson) for any remarks she may make.
  Ms. CARSON of Indiana. Madam Speaker, I thank the gentleman from New 
Jersey (Mr. Smith), the honorable chairman, and certainly the gentleman 
from Illinois (Mr. Evans), the ranking member, for doing a yeoman's job 
in behalf of those who are certainly deserving of congressional 
attention and support today bringing forth H.R. 3423, the Arlington 
National Cemetery bill.

                              {time}  1830

  Captain Burlingame, a former Navy pilot and reservist, served his 
time well on behalf of these United States. This legislation, like the 
Constitution when it was written, was amended on several occasions, 
once we realized as a Nation that something was awry and needed to be 
addressed. Such is the same case with the Arlington National Cemetery, 
which received its designation on June 15, 1864, as a military cemetery 
to hold the Civil War dead. Subsequent to that, Madam Speaker, there 
have been others who were not a part of the Civil War who have been 
allowed to be buried in Arlington National Cemetery.
  This particular legislation, I would trust, as we give homage to Mr. 
Burlingame, and certainly embrace the family that he so tragically and 
suddenly left behind, to his widow and to his children, a special 
commendation would be in order here on behalf of Captain Burlingame. 
That is why we believe that it is imperative that we modify the age 
requirement for those whose remains rest at Arlington Cemetery. And I 
would encourage those of us who are still blessed to have an 
opportunity to speak here today would be enthusiastically supportive of 
this measure and to reiterate our strong prayers and sympathy for the 
family that Captain Burlingame left behind.
  While we cannot remove the pain and the horror that emitted from 
September 11, this is one act that we can at least do as Members of 
Congress to ensure the rightful placement of Captain Burlingame's 
remains in the Arlington National Cemetery.

[[Page H10480]]

  Madam Speaker, I encourage unanimous support of this measure and also 
commend the ranking member for his successful amendment in terms of a 
monument at Arlington National Cemetery in recognition of all of those 
who prematurely lost their lives on September 11.
  Mr. SMITH of New Jersey. Madam Speaker, I reserve the balance of my 
time.
  Mr. EVANS. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SMITH of New Jersey. Madam Speaker, I have no further requests 
for time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and pass the bill, H.R. 3423, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SMITH of New Jersey. Madam Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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