FOR RELEASE: December 20, 2001

House Passes Bill To Make All Career Military Eligible For Burial At Arlington Cemetery

September 11^th Memorial Would Also Be Authorized

WASHINGTON, DC - Congressman Lane Evans (D-IL) hailed the House’s endorsement today of legislation designed to eliminate the Army’s requiring retired reservists to reach age 60 before they are eligible for burial at Arlington National Cemetery.  Addressing a longstanding inequity in current law, the bill, H.R. 3423, would mean that all reservists eligible for retirement pay could choose to be buried at Arlington.  

“In the context of a hero’s burial for soldiers and sailors,” said Evans, “there is no logical distinction between the career contributions and sacrifices of an active duty member and a member of a reserve component.  Each is critical to the strength and integrity of our military’s overall mission.”  Evans is the Ranking Democrat on the House Veterans Affairs Committee and a senior member of the House Armed Services Committee.

Current restrictions on Arlington burials have not changed since 1967, but the inequity created by the Army’s age requirement was recently highlighted by the death of Captain Charles F. Burlingame III.  A 17-year veteran of the Naval Reserve, Burlingame was the pilot of American Airlines Flight 77 that crashed into the Pentagon on September 11, 2001.  The Army initially denied the Burlingame family’s request for a waiver of the bar against Captain Burlingame’s burial at Arlington because he was less than 60 years old when he died.  An exception was later made for Burlingame, however, and his remains were buried in Arlington on December 12.  The bill passed by the House today would also make a reservist who dies in the line of duty while on active or inactive duty for training eligible for an Arlington burial. 

In addition to advocating for fairness in Arlington’s eligibility requirements, Evans amended H.R. 3423 during the Committee’s consideration of the bill to provide the Secretary of the Army with discretionary authority to construct and place a memorial marker at Arlington Cemetery.  The memorial would honor all victims of the September 11^th terrorist attacks against the United States.  By law, memorials at Arlington are largely restricted to honoring military heroes.  However, Congress has provided for certain exceptions in the past, such as the crew of the Space Shuttle Challenger and the victims of Pan Am Flight 103. 

“Although different locations will be considered as potential sites for memorializing those lost on September 11^th,” Evans reminded, “I strongly believe there should be no legal barriers for the victims’ families if they decide Arlington Cemetery is a desirable location for honoring the brave souls lost at the World Trade Center, at the Pentagon and in the Pennsylvania countryside.”  The Evans provision requires consultation with victims’ families before the Secretary of the Army makes any decisions pursuant to this new authority. 

H.R. 3423 passed the House unanimously today and now moves to the Senate for further action.

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