Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I would like to thank Congressman Mike Rogers specifically for his leadership in introducing H.R. 5037, the Respect for America's Fallen Heroes Act. I would also like to…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to thank Congressman Mike Rogers specifically for his leadership in introducing H.R. 5037, the Respect for America's Fallen
Heroes Act. I would also like to thank House Veterans' Affairs Committee Chairman Buyer and Ranking Member Lane Evans for their strong support and for helping bring this legislation to the House floor.
Today, I was scheduled to be in my congressional district in El Paso, Texas, to participate in a Medicare prescription drug conference, which I helped to organize, so that our seniors would be provided the latest information on Medicare part D.
Mr. Speaker, while I would have liked to have been able to attend that conference, this issue is just as important, and I am proud to be here today and serve as the lead Democrat cosponsor of this bill, which has gained, by the way, Mr. Speaker, very strong bipartisan support, including the entire House Democratic leadership.
I know that all of us agree that our servicemembers who have made the ultimate sacrifice while serving their country deserve to be laid to rest with respect and dignity. The families of these courageous men and women also deserve funerals that allow them to say good-bye to their loved ones and mourn their loss in that same peace and dignity. Organized protests have disrupted the sanctity of these funerals that have been conducted throughout the United States for servicemembers who have been killed while serving in our current military operations. Some protestors have disrupted these funerals with shouts and signs that read, ``Thank God for IEDs'' and ``Thank God for Dead Soldiers.''
In my congressional district of El Paso, our community has mourned the loss of 20 servicemembers who have made this ultimate sacrifice while serving our country in Iraq and Afghanistan.
As a Vietnam combat veteran and member of the House Veterans' Affairs and House Armed Services Committees, I knew I had to do my part to ensure that our Nation's heroes are given the burial that they deserve.
To that end, the respect for America's Fallen Heroes Act would, first, prohibit all demonstrations during the 60 minutes prior to and after funerals taking place at Department of Veterans Affairs national cemeteries or the Department of the Army's Arlington National Cemetery.
Second, impose 500-foot restriction on demonstrations near national cemeteries and Arlington National Cemetery during the funeral and for a brief period before and after the funeral to allow mourners to enter and leave that cemetery in peace and dignity.
Third, allow for civil infraction for violations, including monetary fines and/or jail time of 6 months to a year, as consistent with authority granted to the Secretary of Veterans Affairs to maintain order in national cemeteries under current regulations.
Fourth, express the sense of Congress that all States should enact similar restrictions for State and private cemeteries, as well as funeral homes.
Mr. Speaker, this bill is narrowly tailored to protect military families at the sacred time from verbal attacks, while protecting our freedom of speech at the same time. Furthermore, provisions in this legislation are in line with judicial precedents specific to time, place and manner of demonstration.
In Griffin v. Secretary of Veterans Affairs, the United States Supreme Court upheld the constitutionality of existing regulations that prohibit demonstrations on property under the control of the National Cemetery Administration. The Supreme Court held: ``All visitors are expected to observe proper standards of decorum and decency while on VA property. Toward this end, any service, ceremony, or demonstration except as authorized by the head of the facility or his designee, is prohibited.''
As mentioned earlier, our bill is limited to Federal land under the control of the Department of Veterans Affairs and the Department of the Army's Arlington National Cemetery.
Furthermore, Mr. Speaker, in Grayned v. City of Rockford, the Supreme Court held that the Secretary of Veterans Affairs maintains very broad discretion to implement regulations to prohibit demonstrations. The Court stated: ``Because the judgment necessary to ensure that cemeteries remain `sacred to honor and memory of those interred or memorialized there' may defy objective description and may vary with individual circumstances, we conclude that the discretion vested in VA administrators is reasonable in light of the characteristic nature and function of our national cemeteries.''
Mr. Speaker, this legislation is narrowly drawn to allow the families and friends of our fallen heroes to lay their loved ones to rest in peace and dignity. The restriction on freedom of speech is content neutral.
The restriction is limited in time, manner and place to balance the constitutionally protected rights of law-abiding speakers against the legitimate competing interests of unwilling listeners who would otherwise be distracted from an important social objective, the dignified burial of our honored dead.
So with that, Mr. Speaker, in a few weeks, our Nation will come together to remember and honor our servicemembers who have made the ultimate sacrifice while in service to our country. I ask all my colleagues to join me, to join us, in honoring our fallen servicemembers by voting in favor of H.R. 5037.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 4 minutes to the gentleman from California (Mr. Baca) who knows the pride of wearing America's military uniform, an Army veteran.
(Mr. BACA asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume to read into the Record a statement from our minority leader, Ms. Pelosi.
``I urge all of my colleagues to vote today for H.R. 5037, the Respect for America's Fallen Heroes Act. I am proud to be a cosponsor of this bipartisan legislation that will ensure grieving military families are protected from protesters spewing a message of hatred. For our men and women in uniform who have made the ultimate sacrifice for our country, and for their families, we must act today to ensure that they receive the respect and the moments of solemnity that they have earned and deserve.
``No Americans have stood stronger and braver for our Nation than those who have served in our Armed Forces. Our soldiers have courageously answered when called, gone when ordered, and defended our Nation with great honor. Their noble service reminds us of our mission as a nation, to build a future worthy of their courage and sacrifice.
``Americans may debate and disagree about foreign and domestic policy. This is the essence of our democracy. But when it comes to our military men and women, America must stand united and honor them as the heroes that they are.''
Minority Leader Nancy Pelosi.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I have no further requests for time, so I will now close and then yield back the time.
Mr. Speaker, this afternoon, all around the country they have seen Members of Congress come together to stand up for our men and women in uniform and for their families. I think
the message is clear that we want those that have made the ultimate sacrifice, and those that are laying them to rest, to have the opportunity to do so with peace and dignity. So I am proud to be here, and I am proud to work with my colleagues and thank them for their support in bringing this to the floor this afternoon.
I yield to the gentleman from Indiana.
Thank you, Mr. Chairman. I really equally appreciate the opportunity to work with you because we know, as veterans, the sacrifices that men and women make on behalf of this country and their families, and so it has been a privilege to be able to work with you and my colleague, Mike Rogers, who also has been a leader on this very important issue for our country and for our country's military.
Absolutely. And I also would make two observations. First, the great restraint that they are showing shows the great respect that we have as a Nation of laws because while we may disagree with the message, we don't disagree that they have a right to deliver it. It is just not appropriate. And somewhere along the line they didn't learn the lesson that they should not intrude on somebody's private time to grieve and to be at peace, especially for their loved ones who have just sacrificed everything for their country.
Yesterday morning I had the opportunity to be with some of our military troops at Fort Bliss in my district. And I had several of them come to me and very privately, because, you know, our men and women in uniform are that way. They are courageous, they are professional. They are top-notch, but they are also very private. And in a private way they thanked me and said, please convey to all your colleagues in Congress our deep appreciation that we know that if something happens to us, our families will be taken care of, and specifically referred to this legislation and the peace of mind that they have, and they wanted us to convey that message.
I agree with you, Mr. Chairman.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I yield back the balance of my time.