[Congressional Record (Bound Edition), Volume 152 (2006), Part 7]
[Senate]
[Pages 9422-9424]
[From the U.S. Government Publishing Office, www.gpo.gov]




                RESPECT FOR AMERICA'S FALLEN HEROES ACT

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H.R. 5037, which was just 
received from the House.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 5037) to amend titles 38 and 18 of the United 
     States Code to prohibit certain demonstrations at cemeteries 
     under the control of the National Cemetery Administration and 
     at Arlington National Cemetery, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. CRAIG. Mr. President, I have sought recognition to comment on an 
amendment I am offering with Senators Inhofe and Frist to H.R. 5037, 
the ``Respect for America's Fallen Heroes Act. H.R. 5037 passed the 
House a couple of weeks ago by an overwhelming margin--408 to 3. It was 
conceived in response to hateful, intolerant demonstrations taking 
place at the funeral services of deceased service
members of the global war on terror. The fringe group responsible for 
these demonstrations believes that 2,752 of our Nation's finest have 
lost their lives in defense of America because, unbelievably, God is 
exacting His revenge on the United States for its permissive laws 
respecting homosexuality. It is a sad irony that the same 2,752 
servicemembers who fought to guarantee the right of this fringe group 
to hold and express their beliefs are, along with the families of 
deceased servicemembers, now the victims of those same hateful, but 
protected, ideas.
  First, it is important to point out that the House, led by 
Representative Mike Rogers of Michigan and Chairman Buyer, went to 
great lengths to

[[Page 9423]]

carefully craft the House-passed legislation to preserve the dignity of 
military funerals while at the same time balancing first amendment 
rights. I applaud them, and Senator Jim Inhofe, the original sponsor of 
the Senate version of the bill, for being proactive in addressing a 
problem that no military family should experience at a VA national 
cemetery or at Arlington National Cemetery. Let me describe in brief 
the many provisions of their legislation that are left untouched by 
this amendment. We retain the prohibition on unapproved demonstrations 
on VA or Arlington cemetery grounds. We retain the language used to 
describe exactly what kind of demonstrations are prohibited. We retain 
the criminal penalties attached to those who violate the prohibitions. 
And we retain the language expressing the sense of the Congress that 
States enact legislation to restrict demonstrations near any military 
funeral. My amendment would only modify the language of the underlying 
bill that restricts demonstrations that are within 500 feet of cemetery 
property. Let me explain why.
  Many VA cemeteries are tucked in the middle of residential 
neighborhoods. Thus, the reach of the proposed Federal law in the 
underlying bill would extend to all private residences located within 
500 feet of any VA cemetery property or Arlington National Cemetery. I 
am always sensitive to expanding zones of Federal influence or 
regulation, especially to cover lands that are not its own, unless it 
is absolutely necessary. And, furthermore, in a report by the 
Congressional Research Service and analyses from constitutional law 
experts, it was concluded that a 500-foot buffer zone around the 
perimeter of all cemetery lands may not be sufficiently narrow to pass 
constitutional muster. Constitutional questions surrounding the 
language are, of course, open to debate. But my goal here was to move 
legislation that was as narrowly tailored as possible and that didn't 
take away any of its effectiveness in prohibiting these offensive 
demonstrations at our national shrines.
  There have yet to be any unapproved demonstrations either on VA 
cemetery property or outside of its grounds. There have been 
demonstrations at Arlington National Cemetery, but those demonstrations 
have been limited to the gates outside the front entrance of the 
cemetery. Practically speaking, if there were to be any demonstrations 
at VA cemeteries they would likely be at cemetery access points, just 
as at Arlington. It is VA's policy to hold funeral ceremonies at 
committal shelters located on its cemetery grounds. By design, those 
shelters at open national cemeteries are a minimum of 300 feet from any 
property line. And the line of sight from the property line is, also by 
design, typically obstructed by trees, shrubs, or other foliage. In 
addition, each national cemetery has three or four committal shelters, 
on average, which could be used for ceremonies. According to VA 
officials, only the cemetery superintendent knows beforehand where the 
committal shelter to be used for a particular funeral ceremony is 
located. So it is unlikely that demonstrators could effectively 
``disrupt'' a cemetery funeral ceremony at any point other than an 
access point when a funeral procession was entering or leaving cemetery 
grounds. There simply are too many distance, visual, and logistical 
obstructions to overcome.
  Therefore, my amendment would do the following. It would prohibit 
individuals who, as part of any demonstration, and within 150 feet of 
any point of ingress to or egress from cemetery property, be it by 
road, pathway, or otherwise, willfully make, or assist in the making, 
of any noise or diversion that disturbs or tends to disturb the peace 
or good order of a funeral, memorial service, or ceremony. This 
language will ensure that as a funeral procession is entering or 
exiting any cemetery that there is sufficient distance between the 
procession and the demonstrators, and that no slowdown of the 
procession is precipitated by a large gathering of demonstrators near 
the gates of cemetery property. Furthermore, my amendment would 
prohibit any demonstration, irrespective of its character, that is 
within 300 feet of cemetery property that would impede access to or 
egress from the property.
  The principles behind my amendment are simple: As a funeral 
procession approaches a national cemetery, there should be no 
obstruction of that procession for any reason. The closer the 
procession is to the gates of the cemetery, the tighter the 
restrictions on demonstrations should necessarily be to ensure a 
dignified, solemn, and respectful burial at our national shrines.
  Again, I thank Representative Rogers of Michigan and Senator Inhofe 
for their leadership on this issue. And I ask my colleagues for their 
support.
  Mr. FRIST. Mr. President, I ask unanimous consent that the amendment 
at the desk be agreed to, the bill, as amended, be read the third time 
and passed, the motion to reconsider be laid upon the table, and that 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4187) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Respect for America's Fallen 
     Heroes Act''.

     SEC. 2. PROHIBITION ON CERTAIN DEMONSTRATIONS AT CEMETERIES 
                   UNDER THE CONTROL OF THE NATIONAL CEMETERY 
                   ADMINISTRATION AND AT ARLINGTON NATIONAL 
                   CEMETERY.

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

     ``Sec. 2413. Prohibition on certain demonstrations at 
       cemeteries under control of the National Cemetery 
       Administration and at Arlington National Cemetery

       ``(a) Prohibition.--No person may carry out--
       ``(1) a demonstration on the property of a cemetery under 
     the control of the National Cemetery Administration or on the 
     property of Arlington National Cemetery unless the 
     demonstration has been approved by the cemetery 
     superintendent or the director of the property on which the 
     cemetery is located; or
       ``(2) with respect to such a cemetery, a demonstration 
     during the period beginning 60 minutes before and ending 60 
     minutes after a funeral, memorial service, or ceremony is 
     held, any part of which demonstration--
       ``(A)(i) takes place within 150 feet of a road, pathway, or 
     other route of ingress to or egress from such cemetery 
     property; and
       ``(ii) 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, memorial service, or 
     ceremony; or
       ``(B) is within 300 feet of such cemetery and impedes the 
     access to or egress from such cemetery.
       ``(b) Demonstration.--For purposes of this section, the 
     term `demonstration' includes the following:
       ``(1) Any picketing or similar conduct.
       ``(2) Any oration, speech, use of sound amplification 
     equipment or device, or similar conduct that is not part of a 
     funeral, memorial service, or ceremony.
       ``(3) The display of any placard, banner, flag, or similar 
     device, unless such a display is part of a funeral, memorial 
     service, or ceremony.
       ``(4) 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.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2413.  Prohibition on certain demonstrations at cemeteries under 
              control of National Cemetery Administration and at 
              Arlington National Cemetery.''.

       (b) Construction.--Nothing in section 2413 of title 38, 
     United States Code (as amended by subsection (a)), shall be 
     construed as limiting the authority of the Secretary of 
     Veterans Affairs, with respect to property under control of 
     the National Cemetery Administration, or the Secretary of the 
     Army, with respect to Arlington National Cemetery, to issue 
     or enforce regulations that prohibit or restrict conduct that 
     is not specifically covered by section 2413 of such title (as 
     so added).

[[Page 9424]]



     SEC. 3. PENALTY FOR VIOLATION OF PROHIBITION ON UNAPPROVED 
                   DEMONSTRATIONS AT CEMETERIES UNDER THE CONTROL 
                   OF THE NATIONAL CEMETERY ADMINISTRATION AND AT 
                   ARLINGTON NATIONAL CEMETERY.

       (a) Penalty.--Chapter 67 of title 18, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 1387. Demonstrations at cemeteries under the control 
       of the National Cemetery Administration and at Arlington 
       National Cemetery

       ``Whoever violates section 2413 of title 38 shall be fined 
     under this title, imprisoned for not more than one year, or 
     both.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:
``1387.  Demonstrations at cemeteries under the control of the National 
              Cemetery Administration and at Arlington National 
              Cemetery.''.

     SEC. 4. SENSE OF CONGRESS ON STATE RESTRICTION OF 
                   DEMONSTRATIONS NEAR MILITARY FUNERALS.

       It is the sense of Congress that each State should enact 
     legislation to restrict demonstrations near any military 
     funeral.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 5037), as amended, was read the third time and passed.
  Mr. FRIST. Mr. President, the bill we just passed was the Respect for 
America's Fallen Heroes Act. I would like to comment briefly, and I 
express my thanks to my colleagues for allowing me to proceed with this 
legislation and interrupt their debate.
  I would like to read briefly from a news report that appeared in the 
Chicago Tribune this past April. And I quote:

       Army Private First Class Amy Duerksen was 19 when she died 
     last month in a U.S. military surgical hospital in Baghdad, 3 
     days after being shot in an accident. By all the accounts of 
     her family, friends and superiors, she had been a model 
     soldier, an impassioned patriot and a deeply devout 
     Christian.
       But none of that mattered to the six members of the 
     Westboro Baptist Church who drove all night from their 
     headquarters in Topeka, KS to show up outside Duerksen's 
     March 17th funeral waving hateful placards.

  I will not sully this institution or the memory of Amy Duerksen by 
repeating this group's detestable message. But I will tell you that 
today the Senate unanimously passed the Respect for America's Fallen 
Heroes Act, originally introduced by Congressman Mike Rogers of 
Michigan and passed in the House with near unanimous support.
  Here in the Senate, we agreed, as one, that families like the 
Duerksens should never have to be harassed by protesters of any stripe 
as they bury their fallen warriors.
  The Respect for America's Fallen Heroes Act will protect the sanctity 
of all 122 of our national cemeteries as shrines to our gallant dead.
  It will ban demonstrations that occur within 500 feet of the cemetery 
without prior approval from an hour before a funeral until an hour 
after it. Violators will be fined up to $100,000 and spend a year in 
jail.
  It's a sad but necessary measure to protect what should be recognized 
by all reasonable people as a solemn, private, and deeply sacred 
occasion.
  The bill has been carefully crafted to meet constitutional muster. As 
even the ACLU acknowledges, ``The right of free expression is not an 
absolute right to express ourselves at any time, in any place, in any 
manner.''
  And as the courts have identified, our national cemeteries are places 
deserving of the respect and honor of those interred or memorialized.
  I thank Congressman Rogers for bringing this issue to our attention. 
And I conclude with a passage from the Bible:

       Blessed are those who mourn, for they will be comforted. 
     Matthew 5:4.

  We may never understand what compels a small group of small minded 
and mean hearted people to harass a family in mourning. But that is not 
our responsibility here. Our duty is to protect the solemn right of our 
military families to grieve the loss of America's fallen heroes in 
private, with the respect and dignity that is their due.
  I look forward to this bill reaching the President's desk and being 
signed into law.

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