[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2452 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2452

To prohibit picketing at the funerals of members and former members of 
                           the armed forces.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 16 (legislative day, March 15), 2006

Mr. Bayh (for himself and Mr. Chambliss) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prohibit picketing at the funerals of members and former members of 
                           the armed forces.

    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 the ``Dignity for Military Funerals Act of 
2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) article I, section 8, of the Constitution of the United 
        States grants Congress the power to ``provide for the common 
        Defence'', ``To raise and support Armies'', and ``To provide 
        and maintain a Navy'';
            (2) the Supreme Court of the United States has held that 
        ``The constitutional power of Congress to raise and support 
        armies and to make all laws necessary and proper to that end is 
        broad and sweeping.'', United States v. O'Brien, 391 U.S. 367, 
        377 (1968) (citations omitted);
            (3) supporting our armies and maintaining a Navy includes 
        supporting soldiers, sailors, and marines, and their families, 
        after they are deceased;
            (4) our brave military men and women put themselves at 
        great risk to protect the freedom of every American and our 
        Nation as a whole;
            (5) every death of a member of the armed forces is a tragic 
        loss to our Nation;
            (6) all Americans have tremendous gratitude for the courage 
        and selflessness of the members of the armed forces;
            (7) when a member of the armed forces dies in the line of 
        duty, the thoughts and prayers of the entire Nation are with 
        the family of the deceased at such an extraordinarily difficult 
        time;
            (8) it is generally recognized that families have a 
        substantial interest in organizing and attending funerals for 
        deceased relatives;
            (9) the interests of families in privately and peacefully 
        mourning the loss of deceased relatives are violated when 
        funerals are targeted for picketing and other public 
        demonstrations;
            (10) picketing of funerals causes emotional disturbance and 
        distress to grieving families who participate in funerals; and
            (11) full opportunity exists under this Act and the 
        amendments made by this Act for the exercise of freedom of 
        speech and other constitutional rights at times other than 
        within 1 hour prior to or during the funeral of a member of the 
        armed forces and 1 hour following the conclusion of such a 
        funeral.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``armed forces'' has the meaning given the 
        term in section 101 of title 10, United States Code;
            (2) the term ``funeral of a member or former member of the 
        armed forces'' means any ceremony, procession, or memorial 
        service held in connection with the burial or cremation of a 
        member or former member of the armed forces;
            (3) the term ``picketing'' means protest activities engaged 
        in by any person within 300 feet of a cemetery, mortuary, or 
        church during the period beginning 1 hour prior to the funeral 
        of a member of the armed forces and ending 1 hour after the 
        conclusion of such a funeral; and
            (4) the term ``protest activities'' includes, with respect 
        to any funeral--
                    (A) oration, speech, or similar conduct before an 
                assembled group of people that is not part of the 
                funeral or ceremony,
                    (B) the display of placards, banners, posters, 
                flags, or similar devices that are not part of the 
                funeral or ceremony, and
                    (C) the distribution of any handbill, pamphlet, 
                leaflet, or other written material that is not part of 
                the funeral or ceremony.

SEC. 4. PROHIBITION ON PICKETING AT FUNERALS OF MILITARY PERSONNEL.

    (a) In General.--No State or unit of local government shall issue a 
permit allowing, or otherwise authorize, picketing during the funeral 
of a member or former member of the armed forces.
    (b) Criminal Prohibition.--
            (1) In general.--Chapter 67 of title 18, United States 
        Code, is amended by adding after section 1386 the following:
``Sec. 1387. Prohibition on picketing at funerals of military personnel
    ``(a) In General.--It shall be unlawful for any person to engage in 
picketing at the funeral of a member or former member of the armed 
forces .
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned for not more than 5 years, or both.
    ``(c) Definitions.--In this section--
            ``(1) the term `armed forces' has the meaning given the 
        term in section 101 of title 10;
            ``(2) the term `funeral of a member or former member of the 
        armed forces' means any ceremony, procession, or memorial 
        service held in connection with the burial or cremation of a 
        member or former member of the armed forces;
            ``(3) the term `picketing' means protest activities engaged 
        in by any person within 300 feet of a cemetery, mortuary, or 
        church during the period beginning 1 hour prior to the funeral 
        of a member of the armed forces and ending 1 hour after the 
        conclusion of such a funeral; and
            ``(4) the term `protest activities' includes, with respect 
        to any funeral--
                    ``(A) oration, speech, or similar conduct before an 
                assembled group of people that is not part of the 
                funeral or ceremony,
                    ``(B) the display of placards, banners, posters, 
                flags, or similar devices that are not part of the 
                funeral or ceremony, and
                    ``(C) the distribution of any handbill, pamphlet, 
                leaflet, or other written material that is not part of 
                the funeral or ceremony.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 67 of title 18, United States Code, is amended by 
        adding after the item related to section 1386 the following:

``1387. Prohibition on picketing at funerals of military personnel.''.

SEC. 5. NONPREEMPTION.

    Nothing in this Act or the amendments made by this Act shall be 
construed to preempt any State or local law that affords greater 
protection to individuals attending the funeral of a member or former 
member of the armed forces.

SEC. 6. SEVERABILITY.

    If any provision of this Act, the amendments made by this Act, or 
the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.
                                 <all>