H.R. 3659House108th Congress (2003-2005)In Committee

Reservists Burial Equity Act of 2003

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HouseCommittee Latest Action

-Provision incorporated. See H.R. 1716, Title IV, Section 401.

Veterans' Affairs Committee

May 13, 2004

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HouseIntro Referral

Introduced in House

December 8, 2003

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E2474-2475)

December 8, 2003

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

Veterans' Affairs Committee

December 8, 2003

HouseCommittee

Referred to the Subcommittee on Benefits.

January 6, 2004

HouseCommittee

-Provision incorporated. See H.R. 1716, Title IV, Section 401.

Veterans' Affairs Committee

May 13, 2004

Floor Debate

1 member

What members said about H.R. 3659 on the floor

1 Republican

Rep. Christopher H. SmithR-NJ-4 · Dec 8, 2003

Mr. Speaker, today I am introducing H.R. 8659, the Reservists Burial Equity Act of 2003. I am pleased to have join me as sponsors of the bill Mr. Lane Evans, the Ranking Democrat of the Veterans'…

Mr. Speaker, today I am introducing H.R. 8659, the Reservists Burial Equity Act of 2003. I am pleased to have join me as sponsors of the bill Mr. Lane Evans, the Ranking Democrat of the Veterans' Affairs Committee; Mr. Henry Brown and Mr. Michael Michaud, the Chairman and Ranking Member, respectively, of the Subcommittee on Benefits; as well as Mr. Jeff Miller; Ms. Julia Carson; Ms. Berkley; Mr. Sherrod Brown; and Mr. John Shimkus. This legislation would update the eligibility rules for burial of reservists at Arlington National Cemetery. Similar legislation passed the House in the 107th Congress.

Current Army rules provide in-ground burial at Arlington National Cemetery to veterans who died on active duty, received one of the military services' highest awards for gallantry, were held as a prisoner of war, or retired from active duty military service. In addition, veterans who do not meet the current eligibility criteria but who served in a high Federal office are also eligible, as are the immediate family members of all veterans buried there.

It is wholly inequitable that a reservist who serves our Nation for a minimum of 20 years is ineligible for in-ground burial at Arlington National Cemetery because he or she had the misfortune to die prior to age 60. The most glaring example of this policy was brought to light following the death of Captain Charles Burlingame III, the pilot of the American Airlines jet that crashed into the Pentagon on September 11, 2001. Although he had retired from the Naval Reserves, he was only 51 years old at the time of his death. As such, he was not automatically eligible for burial at Arlington. Subsequently, the Secretary of the

Army granted a waiver and Capt. Burlingame was interred at Arlington in December 2001.

Similarly, I see no reason why a reservist's eligibility for burial at 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 often no practical difference.

This bill would revise existing law by eliminating the requirement that retired reservists be in receipt of their retirement pay to be eligible for in-ground burial at Arlington. Reservists must be 60 years old to receive retirement pay; reservist retirees who fall into this category are often referred to as being in the ``grey zone.'' The bill would also make eligible for in-ground burial reservists who die in the line of duty during active or inactive training.

Mr. Speaker, in recent years, reservists have been increasingly called upon to participate on active duty for extended periods to support the national defense. As the recent actions in Afghanistan and Iraq clearly demonstrate, reservists play a major role in the modern total force concept--we are unable to go to war without mobilizing reservists right from the start. Let's pass this bill and truly honor those men and women who put their civilian lives on hold to serve in our Armed Forces on behalf of the United States of America.

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Introduced in HouseIssued December 8, 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3659 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 3659

To amend title 38, United States Code, to enact into law eligibility of
certain Reservists and their dependents for burial in Arlington
National Cemetery.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 8, 2003

Mr. Smith of New Jersey (for himself, Mr. Evans, Mr. Brown of South
Carolina, Mr. Michaud, Mr. Miller of Florida, Ms. Carson of Indiana,
Ms. Berkley, Mr. Brown of Ohio, and Mr. Shimkus) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs

_______________________________________________________________________

A BILL

To amend title 38, United States Code, to enact into law eligibility of
certain Reservists and their dependents for burial in Arlington
National Cemetery.

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

SECTION 1. SHORT TITLE.

This Act may be cited as ``Reservists Burial Equity Act of 2003''.

SEC. 2. 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 performing 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.
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