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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3755 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3755

 To amend title 38, United States Code, to prohibit demonstrations at 
    places of mourning during a funeral, memorial service, or other 
           bereavement ceremony honoring a deceased veteran.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2011

Ms. Richardson introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to prohibit demonstrations at 
    places of mourning during a funeral, memorial service, or other 
           bereavement ceremony honoring a deceased veteran.

    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 ``Freedom to Mourn in Peace Act of 
2011''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The greatness of America is measured in many ways but 
        nowhere is it better reflected than in the costs paid by the 
        men and women who voluntarily assumed the risk of defending the 
        freedoms guaranteed by the Constitution and who, without 
        reluctance or mental reservation, made the supreme sacrifice 
        for their country.
            (2) It is altogether fitting and proper for the friends and 
        families of those fallen in battle to be able to mourn their 
        loss in peace and take comfort and pride in the consolation 
        that comes from the certain knowledge that they laid so costly 
        a sacrifice on the altar of freedom.
            (3) That to secure this temporary but hallowed moment of 
        peace, reflection, and healing, it is appropriate to place 
        reasonable restrictions on those individuals and groups who 
        seek to use the occasion of a funeral, burial, or memorial 
        service of a veteran to stage a public demonstration intended 
        to turn a private gathering of private persons into a public 
        spectacle for the unconscionable purpose of attracting public 
        attention and gratuitously inflicting unnecessary emotional 
        pain on the deceased veteran's families and friends.
            (4) Funerals, memorial services, and bereavement ceremonies 
        are special events warranting special respect for the deceased 
        and due regard for the emotional well-being of the bereaved 
        whose memories of the final moments before their loved one is 
        laid to rest may be permanently stained were the occasion 
        allowed to be exploited by others for the purpose of attracting 
        public attention by the intentional infliction of emotional 
        distress on the loved ones of the deceased.
            (5) The First Amendment that veterans risked their lives to 
        defend and preserve is broad and strong enough to protect 
        vigorous and robust public debate on public issues and generous 
        enough to accommodate the natural desire and need of relatives 
        and loved ones to be free to mourn their loss in peace.

SEC. 3. PROHIBITION ON DEMONSTRATIONS WHERE FUNERALS, MEMORIAL 
              SERVICES, AND CEREMONIES FOR VETERANS ARE HELD.

    (a) In General.--Section 2413 of title 38, United States Code, is 
amended to read as follows:
``Sec. 2413. Prohibition on demonstrations where a funeral, memorial 
              service, or other bereavement ceremony for a veteran is 
              held
    ``(a) Prohibition.--No person may carry out--
            ``(1) a demonstration on the property where a funeral for a 
        veteran is held unless the demonstration has been approved by 
        the cemetery superintendent or the owner of the property on 
        which the funeral is held; or
            ``(2) with respect to such a cemetery or other property on 
        which a funeral is held, a demonstration during the period 
        beginning 60 minutes before and ending 60 minutes after such 
        funeral, 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 or other 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; or
                    ``(B) is within 1,000 feet of such cemetery or 
                other property and impedes the access to or egress from 
                such cemetery or other property,
if there is visible, at each place that is at the applicable distance 
specified in this sentence from such cemetery or other property, a sign 
which clearly and conspicuously states that a funeral will be held on 
such cemetery or other property and so states the time interval during 
which the funeral will be held.
    ``(b) Definitions.--For purposes of this section:
            ``(1) The term `demonstration' includes the following:
                    ``(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.
                    ``(C) The display of any placard, banner, flag, or 
                similar device, unless such a display is part of a 
                funeral.
                    ``(D) The distribution of any handbill, pamphlet, 
                leaflet, or other written or printed matter other than 
                a program distributed as part of a funeral.
            ``(2) The term `funeral' includes a memorial service or any 
        other bereavement ceremony honoring a veteran.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by striking the item relating to section 2413 
and inserting the following new item:

``2413. Prohibition on demonstrations where a funeral, memorial 
                            service, or other bereavement ceremony for 
                            a veteran is held.''.
                                 <all>
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