Bush signs protest ban

[Last Resort]

WHITE HOUSE President Bush has marked Memorial Day with a bill-signing -- one that keeps demonstrators from disrupting military funerals.

 

Before heading to Arlington National Cemetery for a wreath-laying and speech, Bush signed the "Respect for America's Fallen Heroes Act."

 

It was passed mainly in response to a Kansas church group that has staged protests at military funerals around the country. The group says the deaths in Iraq and elsewhere show that God is angry over U-S tolerance of gays.

 

The law prevents protests within 300 feet of the entrance of a national cemetery.

 

Even as Bush signed the bill, members of the Kansas group stood about 300 feet from the entrance to Arlington. They held signs that read, "Thank God for dead soldiers," and '"Bush killed them." A conservative group supporting the troops stood across the highway, holding a large sign calling troops "American heroes."

[maninbox]

Sounds like a good law. Its about time.

 

However, does it apply to national cemetaries only? Does that mean that there can still be protestors at private and sectarian funerals? Sounds like there is more work to be done.

[Last Resort]

F:\M9\ROGEMI\ROGEMI_037.XML [Discussion Draft] H.L.C.

 

[DISCUSSION DRAFT]

 

 

109TH CONGRESS

 

2D SESSION H. R. .

 

To amend titles 38 and 18, 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.

 

IN THE HOUSE OF REPRESENTATIVES

 

Mr. ROGERS of Michigan (for himself, Mr. BUYER, Mr. MILLER of Florida,

and Mr. REYES) introduced the following bill; which was referred to the

Committee on .

 

A BILL

 

To amend titles 38 and 18, 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.

 

1

 

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4

 

This Act may be cited as the ''Respect for America's

5 Fallen Heroes Act''.

 

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2

 

 

SEC. 2. PROHIBITION ON CERTAIN DEMONSTRATIONS AT

 

CEMETERIES UNDER THE CONTROL OF THE

 

NATIONAL CEMETERY ADMINISTRATION AND

 

AT ARLINGTON NATIONAL CEMETERY.

 

(a) PROHIBITION.—Chapter 24 of title 38, United

States Code, is amended by adding at the end the following new section:

''§ 2413. Prohibition on certain demonstrations at

cemeteries under control of 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 at which

a funeral or memorial service or ceremony is to be

held, a demonstration within 500 feet of that cemetery that—

''(A) is conducted during the period beginning 60 minutes before and ending 60 minutes

 

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3

 

 

after the funeral or memorial service or ceremony is held; and

 

''( includes, as a 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 or memorial service

or ceremony.

 

''( DEMONSTRATION.—For purposes of this sec

 

tion, the term 'demonstration' includes the following:

''(1) Any picketing or similar conduct.

''(2) Any oration, speech, use of sound amplification equipment, or similar conduct before an assembled group of people that is not part of a funeral

or memorial service or ceremony.

''(3) The display of any placard, banner, flag,

or similar device, unless such a display is part of a

funeral or 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 or memorial service or ceremony.''.

 

( CLERICAL AMENDMENT.—The table of sections

at the beginning of such chapter is amended by adding

at the end the following new item:

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4

 

 

''2413. Prohibition on demonstrations at cemeteries under control of National

Cemetery Administration and at Arlington National Cemetery.''.

 

1 SEC. 3. PENALTY FOR VIOLATION OF PROHIBITION ON UN2

 

APPROVED DEMONSTRATIONS AT CEME

 

3

 

TERIES UNDER THE CONTROL OF THE NA

 

4 TIONAL CEMETERY ADMINISTRATION AND AT

5 ARLINGTON NATIONAL CEMETERY.

6 (a) PENALTY.—Chapter 67 of title 18, United States

7 Code, is amended by adding at the end the following new

8 section:

9 ''§ 1387. Demonstrations at cemeteries under the con10 trol of National Cemetery Administration

11 and at Arlington National Cemetery

12 ''Whoever violates section 2413 of title 38 shall be

13 fined under this title, imprisoned for not more than one

14 year, or both.''.

15 ( CLERICAL AMENDMENT.—The table of sections

16 at the beginning of such chapter is amended by adding

17 at the end the following new item:

 

''1387. Demonstrations at cemeteries under the control of National Cemetery

Administration and at Arlington National Cemetery.''.

 

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5

 

 

SEC. 4. SENSE OF CONGRESS ON STATE RESTRICTION OF

DEMONSTRATIONS NEAR FUNERALS, BURIALS, FUNERAL PROCESSIONS, AND VIEWINGS.

 

It is the sense of Congress that each State should

enact legislation to restrict demonstrations near any funeral, burial, funeral procession, or viewing.

 

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The Congressional Budget Office (CBO) estimates that implementing H.R. 5037 would have no significant cost to the federal government. Enacting the bill could affect direct spending and revenues, but CBO estimates that any such effects would be insignificant. H.R. 5037 contains no intergovernmental mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would not affect the budgets of state, local, or tribal governments. H.R. 5037 contains a private-sector mandate, but that mandate does not entail any direct costs.

 

H.R. 5037 would prohibit unauthorized demonstrations at Arlington National Cemetery (ANC) or on the property of cemeteries under the control of the National Cemetery Administration (NCA). The bill would completely prohibit disruptive demonstrations at ANC or NCA cemeteries within an hour before or after a funeral or memorial service.

 

H.R. 5037 also would subject any individuals found to be in violation of these prohibitions to possible fines or imprisonment. Thus, the government would be able to pursue cases that it otherwise may not be able to prosecute. However, we expect that H.R. 5037 would apply to a relatively small number of additional offenders, so any increase in costs for law enforcement, court proceedings, or prison operations would not be significant and would be subject to availability of appropriated funds. Because those prosecuted and convicted under H.R. 5037 could be subject to criminal fines, the federal government might collect additional fines if the legislation is enacted. Criminal fines are recorded as revenues, deposited in the Crime Victims Fund and later spent. CBO expects that any additional revenues and direct spending would not be significant because of the small number of cases likely to be affected.

[maninbox]

Hmmmm... any lawyers out there to translate this into english for me?

[cruzer]

 

[TitanChief]

Hmmmm... any lawyers out there to translate this into english for me?

 

 

It means ANY where a fallen soldier is buried.

finally bush does something right

Here's the verbage that does it:

''1387. Demonstrations at cemeteries under the control of National Cemetery

Administration and at Arlington National Cemetery.''.

!

Edited May 29, 2006 by kcchief

[fungus]

KCChief....from what I can gather at the NCA site...it does not mean anywhere...only those places directly under their control (NCA)...including state facilities......not all cemetaries are covered.....

[Micmac]

It's a step in the right direction. Mayhaps state legislators will dovetail off this federal piece of legislation. I believe people have the right to demonstrate for social change and the like,even protest the war, not the warrior, but these pricks have taken it to a new dimension. I hope they burn forever in hell.