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Week Ending May 12, 2006

H.R.5037 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.

The bill responds to recent impositions made by an obscure religious group upon those grieving the death of their loved ones killed in the current wars. The small, mostly family-member religious group made statements suggesting that the deaths were due to God getting even with America for supporting gay rights and other staunchly conservative religious and moral views and ideologies.

Considering that those mourning should be able to do so without interruption the bill prohibits such demonstrations at any national cemetery including the Arlington national Cemetery unless authorized by the National Cemetery Administration. Neither would a demonstration be allowed within 500 feet of the cemetery from 60 minutes before the funeral or service and 60 minutes after if the demonstration includes “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.”

Demonstrating is defined in the bill as “picketing or similar conduct”; “any oration, speech use of sound amplification equipment or device or similar conduct before an assembled group of people” who are not part of the funeral service. Also included in the definition is the distribution of any handbill, pamphlet, leaflet or other written or printed matter other than as part of the funeral program or service.

The bill sets punishment for violations as a fine and not more than one year in jail or both.

Finally, the bill adds that it is the sense of Congress that each state should enact laws to restrict demonstrations near any funeral.

Sponsor: Rep. Mike Rogers (R-MI-8^th)

Vote:

Cost to the taxpayers: “CBO estimates that implementing H.R. 5037 would have no significant cost to the federal government.”

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