[Congressional Record Volume 152, Number 85 (Tuesday, June 27, 2006)]
[Senate]
[Pages S6586-S6587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4543. Mr. DURBIN (for himself, Mrs. Clinton, Mr. Bennett, Mr. 
Bingaman, Mr. Carper, Mrs. Boxer, Mr. Lieberman) submitted an amendment 
intended to be proposed by him to the joint resolution S.J. Res. 12, 
proposing an amendment to the Constitution of the United States 
authorizing Congress to prohibit the physical desecration of the flag 
of the United States; as follows:

       On page 2, line 2, strike ``(two'' and all that follows and 
     insert the following:

     SECTION 1. FLAG PROTECTION.

       (a) Short Title.--This section may be cited as the ``Flag 
     Protection Act of 2006''.
       (b) Findings and Purpose.--
       (1) Findings.--Congress finds that--
       (A) the flag of the United States is a unique symbol of 
     national unity and represents the values of liberty, justice, 
     and equality that make this Nation an example of freedom 
     unmatched throughout the world;
       (B) the Bill of Rights is a guarantee of those freedoms and 
     should not be amended in a manner that could be interpreted 
     to restrict freedom, a course that is regularly resorted to 
     by authoritarian governments which fear freedom and not by 
     free and democratic nations;
       (C) abuse of the flag of the United States causes more than 
     pain and distress to the overwhelming majority of the 
     American people and may amount to fighting words or a direct 
     threat to the physical and emotional well-being of 
     individuals at whom the threat is targeted; and

[[Page S6587]]

       (D) destruction of the flag of the United States can be 
     intended to incite a violent response rather than make a 
     political statement and such conduct is outside the 
     protections afforded by the first amendment to the 
     Constitution.
       (2) Purpose.--The purpose of this section is to provide the 
     maximum protection against the use of the flag of the United 
     States to promote violence while respecting the liberties 
     that it symbolizes.
       (c) Protection of the Flag of the United States Against Use 
     for Promoting Violence.--
       (1) In general.--Section 700 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 700. Incitement; damage or destruction of property 
       involving the flag of the United States

       ``(a) Definition of Flag of the United States.--In this 
     section, the term `flag of the United States' means any flag 
     of the United States, or any part thereof, made of any 
     substance, in any size, in a form that is commonly displayed 
     as a flag and that would be taken to be a flag by the 
     reasonable observer.
       ``(b) Actions Promoting Violence.--Any person who destroys 
     or damages a flag of the United States with the primary 
     purpose and intent to incite or produce imminent violence or 
     a breach of the peace, and under circumstances in which the 
     person knows that it is reasonably likely to produce imminent 
     violence or a breach of the peace, shall be fined not more 
     than $100,000, imprisoned not more than 1 year, or both.
       ``(c) Flag Burning.--Any person who shall intentionally 
     threaten or intimidate any person or group of persons by 
     burning, or causing to be burned, a flag of the United States 
     shall be fined not more than $100,000, imprisoned for not 
     more than 1 year, or both.
       ``(d) Damaging a Flag Belonging to the United States.--Any 
     person who steals or knowingly converts to his or her use, or 
     to the use of another, a flag of the United States belonging 
     to the United States, and who intentionally destroys or 
     damages that flag, shall be fined not more than $250,000, 
     imprisoned not more than 2 years, or both.
       ``(e) Damaging a Flag of Another on Federal Land.--Any 
     person who, within any lands reserved for the use of the 
     United States, or under the exclusive or concurrent 
     jurisdiction of the United States, steals or knowingly 
     converts to his or her use, or to the use of another, a flag 
     of the United States belonging to another person, and who 
     intentionally destroys or damages that flag, shall be fined 
     not more than $250,000, imprisoned not more than 2 years, or 
     both.
       ``(f) Construction.--Nothing in this section shall be 
     construed to indicate an intent on the part of Congress to 
     deprive any State, territory, or possession of the United 
     States, or the Commonwealth of Puerto Rico of jurisdiction 
     over any offense over which it would have jurisdiction in the 
     absence of this section.''.
       (2) Technical and conforming amendment.--The chapter 
     analysis for chapter 33 of title 18, United States Code, is 
     amended by striking the item relating to section 700 and 
     inserting the following:

``700. Incitement; damage or destruction of property involving the flag 
              of the United States.''.

       (d) Severability.--If any provision of this section, or the 
     application of such a provision to any person or 
     circumstance, is held to be unconstitutional, the remainder 
     of the section, and the application of this section to any 
     other person or circumstance, shall not be affected by such 
     holding.

     SEC. 2. RESPECT FOR THE FUNERALS OF FALLEN HEROES.

       (a) Short Title.--This section may be cited as the 
     ``Respect for the Funerals of Fallen Heroes Act of 2006''.
       (b) In General.--Section 1387 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 1387. Prohibition on demonstrations at funerals of 
       members or former members of the Armed Forces

       ``(a) In General.--It shall be unlawful for any person to 
     engage in a demonstration during the period beginning 60 
     minutes before and ending 60 minutes after the funeral of a 
     member or former member of the Armed Forces, any part of 
     which demonstration--
       ``(1)(A) takes place within the boundaries of the location 
     of such funeral and such location is not a cemetery under the 
     control of the National Cemetery Administration or part of 
     Arlington National Cemetery; or
       ``(B) takes place on the property of a cemetery under the 
     control of the National Cemetery Administration or on the 
     property of Arlington National Cemetery and the demonstration 
     has not been approved by the cemetery superintendent or the 
     director of the property on which the cemetery is located;
       ``(2)(A) takes place within 150 feet of the point of the 
     intersection between--
       ``(i) the boundary of the location of such funeral; and
       ``(ii) a road, pathway, or other route of ingress to or 
     egress from the location of such funeral; and
       ``(B) includes, as part of such demonstration, any 
     individual willfully making or assisting in the making of any 
     noise or diversion that disturbs or tends to disturb the 
     peace or good order of the funeral of a member or former 
     member of the Armed Forces; or
       ``(3) is within 300 feet of the boundary of the location of 
     such funeral and impedes the access to or egress from such 
     location.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined under this title, imprisoned for not more than 
     1 year, 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 `demonstration' includes--
       ``(A) any picketing or similar conduct;
       ``(B) any oration, speech, use of sound amplification 
     equipment or device, or similar conduct that is not part of a 
     funeral, memorial service, or ceremony;
       ``(C) the display of any placard, banner, flag, or similar 
     device, unless such a display is part of a funeral, memorial 
     service, or ceremony; and
       ``(D) the distribution of any handbill, pamphlet, leaflet, 
     or other written or printed matter other than a program 
     distributed as part of a funeral, memorial service, or 
     ceremony.
       ``(4) The term `boundary of the location', with respect to 
     a funeral of a member or former member of the Armed Forces, 
     means--
       ``(A) in the case of a funeral of a member or former member 
     of the Armed Forces that is held at a cemetery, the property 
     line of the cemetery;
       ``(B) in the case of a funeral of a member or former member 
     of the Armed Forces that is held at a mortuary, the property 
     line of the mortuary;
       ``(C) in the case of a funeral of a member or former member 
     of the Armed Forces that is held at a house of worship, the 
     property line of the house of worship; and
       ``(D) in the case of a funeral of a member or former member 
     of the Armed Forces that is held at any other kind of 
     location, the reasonable property line of that location.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 67 of such title is amended by striking 
     the item relating to section 1387 and inserting the following 
     new item:

``1387. Prohibition on demonstrations at funerals of members or former 
              members of the Armed Forces.''.

                                 ______
                                 
  SA 4544. Mr. DURBIN (for himself, Mrs. Clinton, Mr. Bennett, and Mr. 
Bingaman) submitted an amendment intended to be proposed by him to the 
joint resolution S.J. Res. 12, proposing an amendment to the 
Constitution of the United States authorizing Congress to prohibit the 
physical desecration of the flag of the United States; which was 
ordered to lie on the table; as follows:

       Amend the title so as to read: ``A Joint Resolution 
     amending title 18, United States Code, to provide for the 
     protection of the flag of the United States and to prohibit 
     certain demonstrations at funerals of members and former 
     members of the Armed Forces, and for other purposes.''.

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