May 9, 2006 CONGRESSIONAL RECORD — HOUSE H2199 Resolved, That the House of Representa- on both sides of the aisle. I want to A motion to reconsider was laid on tives congratulates Chris Carpenter on being offer House Resolution 627, congratu- the table. named the Cy Young Award winner for the lating Chris Carpenter of the St. Louis f National League for the 2005 Major League Cardinals on winning the Cy Young Baseball season. Award for the 2005 Major League Base- RESPECT FOR AMERICA’S FALLEN The SPEAKER pro tempore. Pursu- ball season. HEROES ACT ant to the rule, the gentlewoman from Chris is a 1992 graduate from Trinity Mr. BUYER. Mr. Speaker, I move to Michigan (Mrs. MILLER) and the gen- High School in Manchester, New Hamp- suspend the rules and pass the bill tleman from Missouri (Mr. CARNAHAN) shire, where he earned the athlete of (H.R. 5037) to amend titles 38 and 18, each will control 20 minutes. the year honors as a senior. He was United States Code, to prohibit certain The Chair recognizes the gentle- elected to the All State Team for 3 demonstrations at cemeteries under woman from Michigan. years in both baseball and hockey, and the control of the National Cemetery GENERAL LEAVE as a member of the Globe All Scho- Administration and at Arlington Na- Mrs. MILLER of Michigan. Mr. lastic Team as a senior, captured the tional Cemetery, and for other pur- Speaker, I ask unanimous consent that State championship in baseball in 1992. poses. all Members have 5 legislative days in He played American Legion, Babe The Clerk read as follows: which to revise and extend their re- Ruth, and Little League Baseball. H.R. 5037 marks and to include extraneous mate- Chris and his wife have two children, Be it enacted by the Senate and House of Rep- rial on the resolution under consider- and they make their off-season home in resentatives of the United States of America in Congress assembled, ation. Bedford, Massachusetts. We are proud that he is one of the star players, not SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Is there This Act may be cited as the ‘‘Respect for objection to the request of the gentle- just in the league but for the St. Louis America’s Fallen Heroes Act’’. woman from Michigan? Cardinals. SEC. 2. PROHIBITION ON CERTAIN DEMONSTRA- There was no objection. After missing the 2003 season recov- TIONS AT CEMETERIES UNDER THE Mrs. MILLER of Michigan. Mr. ering from shoulder surgery, many CONTROL OF THE NATIONAL CEME- TERY ADMINISTRATION AND AT AR- Speaker, I yield myself such time as I wondered how Chris Carpenter would respond. He responded in 2004 with a 15- LINGTON NATIONAL CEMETERY. may consume. (a) PROHIBITION.—Chapter 24 of title 38, Mr. Speaker, I rise in support of H. win season and with an earned run av- United States Code, is amended by adding at Res. 627 offered by the distinguished erage of 3.46. Through his hard work, the end the following new section: gentleman from Missouri (Mr. perseverance and skill, he improved ‘‘§ 2413. Prohibition on certain demonstra- CARNAHAN). upon those lofty numbers and turned in tions at cemeteries under control of Na- This resolution would congratulate a spectacular 21-win season with a 2.83 tional Cemetery Administration and at Ar- Chris Carpenter on being named the Cy earned run average in the 2005 season. lington National Cemetery Young Award winner for the National He was a major factor in the Car- ‘‘(a) PROHIBITION.—No person may carry out— League in 2005. dinals’ 100 wins last year and earned a place among the most elite pitchers in ‘‘(1) a demonstration on the property of a After missing the 2003 season while cemetery under the control of the National rehabilitating his injured shoulder, baseball. For his feats, Carpenter was recognized with the Cy Young Award as Cemetery Administration or on the property Chris Carpenter made a miraculous re- of Arlington National Cemetery unless the covery to win the 2005 Cy Young the best pitcher in the National demonstration has been approved by the Award. He went 21–5 with a 2.83 ERA League. cemetery superintendent or the director of As a lifelong Cardinals fan, it is an for the St. Louis Cardinals, receiving 19 the property on which the cemetery is lo- absolute joy to watch a thrilling player of 32 first place votes and finishing cated; or like Chris Carpenter. I look forward to ‘‘(2) with respect to such a cemetery at with 132 points in balloting by the watching his continued success. which a funeral or memorial service or cere- Baseball Writers Association of Amer- In addition, I would like to mention mony is to be held, a demonstration within ica. Chris’s teammate, Albert Pujols, who 500 feet of that cemetery that— Carpenter began his career with To- won the National League MVP last ‘‘(A) is conducted during the period begin- ning 60 minutes before and ending 60 minutes ronto. After compiling a 49–50 record in year. This marks the first time since his first six seasons, Carpenter had sur- after the funeral or memorial service or 1968 that the Cardinals have had both ceremony is held; and gery in September of 2002 to repair a the MVP and the Cy Young Award win- tear in his pitching shoulder and the ‘‘(B) includes, as a part of such demonstra- ner the same year. tion, any individual willfully making or as- Blue Jays contemplated sending him I have cosponsored a companion reso- sisting in the making of any noise or diver- back to the minors. He refused the as- lution with many others in this House sion that disturbs or tends to disturb the signment and chose to become a free congratulating Albert Pujols, and I peace or good order of the funeral or memo- agent before signing with St. Louis. hope the House will have an oppor- rial service or ceremony. Finally healthy in 2004, Carpenter ‘‘(b) DEMONSTRATION.—For purposes of this tunity to take that up in the near fu- section, the term ‘demonstration’ includes went 15–5 with a 3.45 ERA to earn Na- ture. tional League’s comeback player of the the following: Once again, I wish my heartiest con- ‘‘(1) Any picketing or similar conduct. year honors from his peers. In 2005, gratulations to Chris Carpenter and all ‘‘(2) Any oration, speech, use of sound am- Carpenter won 13 straight decisions that he has accomplished and wish him plification equipment or device, or similar from June 14 through September 8, the best in the future. conduct before an assembled group of people helping the Cardinals to the best Mr. Speaker, I yield back the balance that is not part of a funeral or memorial record in baseball at 100 wins and 62 of my time. service or ceremony. losses. He struck out 213 batters and Mrs. MILLER of Michigan. Mr. ‘‘(3) The display of any placard, banner, got the best of several aces around the Speaker, I would urge all Members to flag, or similar device, unless such a display is part of a funeral or memorial service or league. support the adoption of House Resolu- I would urge all Members to come to- ceremony. tion 627. I have no further requests for ‘‘(4) The distribution of any handbill, pam- gether and honor the perseverance and time, and I yield back the balance of phlet, leaflet, or other written or printed dedication of Chris Carpenter, the win- my time. matter other than a program distributed as ner of one of Major League Baseball’s The SPEAKER pro tempore. The part of a funeral or memorial service or cere- most prestigious awards, by adopting question is on the motion offered by mony.’’. House Resolution 627. the gentlewoman from Michigan (Mrs. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is Mr. Speaker, I reserve the balance of MILLER) that the House suspend the amended by adding at the end the following my time. rules and agree to the resolution, H. new item: Mr. CARNAHAN. Mr. Speaker, I yield Res. 627. ‘‘2413. Prohibition on demonstrations at myself such time as I may consume. The question was taken; and (two- cemeteries under control of Na- Mr. Speaker, this has been a real thirds having voted in favor thereof) tional Cemetery Administra- pleasure to cosponsor this with several the rules were suspended and the reso- tion and at Arlington National Members from around the country and lution was agreed to. Cemetery.’’.

VerDate Aug 31 2005 04:07 May 10, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0655 E:\CR\FM\A09MY7.088 H09MYPT1 jcorcoran on PROD1PC62 with HOUSE H2200 CONGRESSIONAL RECORD — HOUSE May 9, 2006 SEC. 3. PENALTY FOR VIOLATION OF PROHIBI- 5037 was referred to the Committee on the ber. By the stunned silence in this TION ON UNAPPROVED DEMONSTRA- Judiciary in addition to the Committee on Chamber and the gasp that ensued that TIONS AT CEMETERIES UNDER THE Veterans’ Affairs. The Committee on Vet- moment, I knew that most all my col- CONTROL OF THE NATIONAL CEME- erans’ Affairs acknowledges the jurisdiction TERY ADMINISTRATION AND AT AR- leagues shared a deep abhorrence to of the Committee on the Judiciary over por- LINGTON NATIONAL CEMETERY. these outrageous acts and that we (a) PENALTY.—Chapter 67 of title 18, United tions of this legislation, particularly section 3, which provides for criminal penalties share equally a deep desire to prevent States Code, is amended by adding at the end them. the following new section: under title 18 of the United States Code. The Committee on Veterans’ Affairs would Today, we bring for a vote a bill that ‘‘§ 1387. Demonstrations at cemeteries under not construe a waiver of consideration as a will do just that. H.R. 5037, the Respect the control of National Cemetery Adminis- waiver of jurisdiction by the Committee on for America’s Fallen Heroes Act, will tration and at Arlington National Cemetery Judiciary over the subject matter contained prohibit demonstrations within 500 feet ‘‘Whoever violates section 2413 of title 38 in this or similar legislation, and the Com- of a national cemetery and Arlington shall be fined under this title, imprisoned for mittee on Veterans’ Affairs would fully sup- not more than one year, or both.’’. port any request by you seeking an appoint- National Cemetery 60 minutes before (b) CLERICAL AMENDMENT.—The table of ment to any House-Senate conference on this and after a funeral. This is a bipartisan sections at the beginning of such chapter is legislation. I will place a copy of your reply effort with over 174 cosponsors. amended by adding at the end the following letter in the Congressional Record during We have worked closely with the Ju- new item: consideration of the bill on the House floor. diciary Committee. We have examined ‘‘1387. Demonstrations at cemeteries under I very much appreciate the cooperation by the issues of both constitutionality and the control of National Ceme- you and your staff in this matter. the proportionality with regard to sen- tery Administration and at Ar- Sincerely, tencing. The Federal circuit court of lington National Cemetery.’’. STEVE BUYER, Chairman. appeals in Griffin v. Secretary of Vet- SEC. 4. SENSE OF CONGRESS ON STATE RESTRIC- erans Affairs upheld the constitutional TION OF DEMONSTRATIONS NEAR MILITARY FUNERALS. CONGRESS OF THE UNITED STATES, existing Department of Veterans Af- It is the sense of Congress that each State HOUSE OF REPRESENTATIVES, fairs regulations setting requirements should enact legislation to restrict dem- Washington, DC, April 25, 2006. for the decorum and decency while on onstrations near any military funeral. Hon. STEVE BUYER, VA property. H.R. 5037 essentially codi- Chairman, Committee on Veterans’ Affairs, The SPEAKER pro tempore. Pursu- fies the regulation. House of Representatives, Washington, DC. The United States Supreme Court ant to the rule, the gentleman from In- DEAR CHAIRMAN BUYER: In recognition of diana (Mr. BUYER) and the gentleman the desire to expedite consideration of H.R. had addressed the ‘‘time, place or man- from Texas (Mr. REYES) each will con- 5037, the ‘‘Respect for America’s Fallen He- ner’’ standard in several cases, includ- trol 20 minutes. roes Act,’’ the Committee on the Judiciary ing Grayned v. City of Rockford. In The Chair recognizes the gentleman hereby waives consideration of the bill. that decision, the Court upheld an from Indiana. There are provisions contained in H.R. 5037 anti-noise ordinance that prohibited Mr. BUYER. Mr. Speaker, I yield my- that implicate the rule X jurisdiction of the activities adjacent to a school that Committee on the Judiciary. Specifically, ‘‘disturbs or tends to disturb the peace self such time as I may consume. section 3 provides for an additional penalty (Mr. BUYER asked and was given under title 18 of the United States Code. This or good order of such school session or permission to revise and extend his re- provision implicates the rule X(I)(1)(7) juris- class thereof.’’ marks.) diction of the Committee over ‘‘criminal law H.R. 5037’s restrictions on ‘‘willfully enforcement.’’ making or assisting in the making of b 1530 The Committee takes this action with the any noise or diversion that disturbs or Mr. BUYER. Mr. Speaker, I rise understanding that by forgoing consider- tends to disturb the peace or good today in support of well-considered leg- ation of H.R. 5037, the Committee on the Ju- order of the funeral or memorial serv- islation that will protect the sanctity diciary does not waive any jurisdiction over ice or ceremony,’’ closely tracked the of military funerals at national ceme- subject matter contained in this or similar legislation. The Committee also reserves the language approved in the Supreme teries and will protect the privacy of right to seek appointment to any House-Sen- Court opinion. Additional cases that grieving families as they bury their ate conference on this legislation and re- address the time, place and manner precious loved ones who died in the quests your support if such a request is standard include Ward v. Rock against service of our country. made. Finally, I would appreciate your in- Racism and Renton v. Playtime Thea- The first to rise, however, were the cluding this letter in the Congressional ters, Inc. principal individuals in an organiza- Record during consideration of H.R. 5037 on Mr. Speaker, H.R. 5037 does not un- tion called the Patriot Guard Riders, the House floor. Thank you for your atten- constitutionally draw distinction on members of which are in Washington tion to these matters. what demonstrations are or are not al- Sincerely, today. The Patriot Riders have two F. JAMES SENSENBRENNER, Jr., lowed based on the content of the goals: to show respect for fallen heroes, Chairman. speech. It would not prevent the Sec- their families and their communities; retary of Veterans Affairs from pro- and to protect the mourning family Mr. Speaker, I would like to thank mulgating or enforcing regulations and friends from interruptions created Chairman SENSENBRENNER and his staff that prohibit or restrict the VA prop- by any protestor or group of protestors. for working closely with us to craft erty or other conduct that is not spe- We owe them our deep sense of thanks this important legislation. cifically referenced in this legislation. and gratitude. We have all seen the stories right Penalties associated with the viola- Mr. Speaker, this bill was jointly re- now of the extremist protestors in tions of this legislation are fair and ap- ferred to the Committee on Judiciary, their demonstrations, placards that propriate. Violating the prohibition on who waived consideration of the bill, read, ‘‘Thank God for IEDs’’ and demonstrations would be a class A mis- and I will insert my letter requesting ‘‘Thank God our Soldiers are Dead,’’ demeanor under title 18, United States the waiver and Chairman SENSEN- and individuals such as Sergeant Ricky Code, resulting in fines up to $100,000 BRENNER’s letter in the CONGRESSIONAL Jones in Indiana whose home had been and imprisonment of not more than 1 RECORD at this point. egged twice and somebody put trash all year or both. The penalty balances the HOUSE OF REPRESENTATIVES, over their yard and called his mother need for deterrence with the equally COMMITTEE ON VETERANS’ AFFAIRS, on the phone to tell them that they important requirement for proportion- Washington, DC, April 25, 2006. were thankful that their son had died. ality. Hon. F. JAMES SENSENBRENNER, Jr. On March 2, I stood here and de- Mr. Speaker, I reserve the balance of Chairman, Committee on Judiciary, House of scribed to my colleagues the perver- my time. Representatives, Washington, DC. sions committed by this individual who Mr. REYES. Mr. Speaker, I yield my- DEAR CHAIRMAN SENSENBRENNER: In order claimed a first amendment right to dis- to expedite consideration of H.R. 5037, the self such time as I may consume. ‘‘Respect for America’s Fallen Heroes Act,’’ rupt the solemn ritual of a military fu- Mr. Speaker, I would like to thank the Committee on Veterans’ Affairs requests neral. They would manipulate the Con- Congressman MIKE ROGERS specifically that the Committee on the Judiciary waive stitution to justify harassing families for his leadership in introducing H.R. consideration of the bill. As you know, H.R. who are mourning a lost family mem- 5037, the Respect for America’s Fallen

VerDate Aug 31 2005 04:07 May 10, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.089 H09MYPT1 jcorcoran on PROD1PC62 with HOUSE May 9, 2006 CONGRESSIONAL RECORD — HOUSE H2201 Heroes Act. I would also like to thank Mr. Speaker, this bill is narrowly tai- Mr. Speaker, I yield 4 minutes to the House Veterans’ Affairs Committee lored to protect military families at gentleman from Michigan (Mr. ROG- Chairman BUYER and Ranking Member the sacred time from verbal attacks, ERS), a former captain in the United LANE EVANS for their strong support while protecting our freedom of speech States Army and former FBI agent, and for helping bring this legislation to at the same time. Furthermore, provi- who has worked closely with this legis- the House floor. sions in this legislation are in line with lation. Today, I was scheduled to be in my judicial precedents specific to time, Mr. ROGERS of Michigan. Mr. congressional district in El Paso, place and manner of demonstration. Speaker, I want to thank Chairman Texas, to participate in a Medicare pre- In Griffin v. Secretary of Veterans BUYER for his counsel and his leader- scription drug conference, which I Affairs, the United States Supreme ship working through this bill. I great- helped to organize, so that our seniors Court upheld the constitutionality of ly appreciate it. I know certainly the would be provided the latest informa- existing regulations that prohibit dem- families do as well. tion on Medicare part D. onstrations on property under the con- To my good friend and colleague, Mr. Speaker, while I would have trol of the National Cemetery Adminis- SILVESTRE REYES, thank you for lend- liked to have been able to attend that tration. The Supreme Court held: ‘‘All ing your leadership and your voice and conference, this issue is just as impor- visitors are expected to observe proper assistance and counsel on this very im- tant, and I am proud to be here today standards of decorum and decency portant piece of legislation. Thank you and serve as the lead Democrat cospon- while on VA property. Toward this end, for your service, not only for the mili- sor of this bill, which has gained, by any service, ceremony, or demonstra- tary but the Border Patrol and now to the way, Mr. Speaker, very strong bi- tion except as authorized by the head the people of your district back home. partisan support, including the entire of the facility or his designee, is pro- I certainly appreciate it. House Democratic leadership. hibited.’’ Mr. Chairman, this started for me I know that all of us agree that our As mentioned earlier, our bill is lim- when I attended the funeral of Ser- servicemembers who have made the ul- ited to Federal land under the control geant Joshua Youmans, a very brave timate sacrifice while serving their of the Department of Veterans Affairs and great American who gave his life country deserve to be laid to rest with and the Department of the Army’s Ar- defending freedom in Iraq; and as I ar- respect and dignity. The families of lington National Cemetery. rived to the funeral to the chants and these courageous men and women also Furthermore, Mr. Speaker, in the taunting and some of the most vile deserve funerals that allow them to say Grayned v. City of Rockford, the Su- things I had ever heard, it was almost good-bye to their loved ones and mourn preme Court held that the Secretary of staggering to me that someone would their loss in that same peace and dig- Veterans Affairs maintains very broad take the time and energy to show up nity. Organized protests have disrupted discretion to implement regulations to and preach that kind of hateful speech the sanctity of these funerals that have prohibit demonstrations. The Court upon some very vulnerable individuals been conducted throughout the United stated: ‘‘Because the judgment nec- as they went into the church to mourn States for servicemembers who have essary to ensure that cemeteries re- the loss of a great American patriot. been killed while serving in our current main ‘sacred to honor and memory of What struck me that day is this very military operations. Some protestors those interred or memorialized there’ young widow who got before a very have disrupted these funerals with may defy objective description and packed church service to lay her hon- shouts and signs that read, ‘‘Thank may vary with individual cir- ored husband to rest and told the story God for IEDs’’ and ‘‘Thank God for cumstances, we conclude that the dis- about how this soldier, before he passed Dead Soldiers.’’ away, had the privilege of holding his In my congressional district of El cretion vested in VA administrators is daughter for the first and only time. Paso, our community has mourned the reasonable in light of the char- She talked about how proud she was of loss of 20 servicemembers who have acteristic nature and function of our her husband and what he had done for made this ultimate sacrifice while national cemeteries.’’ his country, how proud she was to be serving our country in Iraq and Af- Mr. Speaker, this legislation is nar- an Army wife and how she could not ghanistan. rowly drawn to allow the families and As a Vietnam combat veteran and friends of our fallen heroes to lay their wait to tell her young daughter, member of the House Veterans’ Affairs loved ones to rest in peace and dignity. McKenzie, the courage and sacrifice of and House Armed Services Commit- The restriction on freedom of speech is a great American, her husband, Joshua tees, I knew I had to do my part to en- content neutral. Youmans. sure that our Nation’s heroes are given The restriction is limited in time, You juxtapose that with what they the burial that they deserve. manner and place to balance the con- had to go through, this gauntlet of ter- To that end, the respect for Amer- stitutionally protected rights of law- ror, people taunting and jeering and ica’s Fallen Heroes Act would, first, abiding speakers against the legiti- saying the most hateful things you prohibit all demonstrations during the mate competing interests of unwilling possibly can imagine, and I walked out 60 minutes prior to and after funerals listeners who would otherwise be dis- of that church that day knowing that taking place at Department of Vet- tracted from an important social objec- we as Americans can and must do bet- erans Affairs national cemeteries or tive, the dignified burial of our honored ter by these families. This is their the Department of the Army’s Arling- dead. chance to stand up and mourn the loss ton National Cemetery. So with that, Mr. Speaker, in a few of a family member. Second, impose 500-foot restriction weeks, our Nation will come together A father once told me that at a serv- on demonstrations near national ceme- to remember and honor our service- ice of his son he knew that this was the teries and Arlington National Ceme- members who have made the ultimate moment between sanity and insanity tery during the funeral and for a brief sacrifice while in service to our coun- for him, and you can imagine that period before and after the funeral to try. I ask all my colleagues to join me, when people stop by and grieve and allow mourners to enter and leave that to join us, in honoring our fallen serv- support and love and comfort these cemetery in peace and dignity. icemembers by voting in favor of H.R. families, when America steps up to put Third, allow for civil infraction for 5037. their arms around these families to say violations, including monetary fines Mr. Speaker, I reserve the balance of that we love you, we support you and and/or jail time of 6 months to a year, my time. we respect you and we appreciate your as consistent with authority granted to Mr. BUYER. Mr. Speaker, I would sacrifice, it means the difference in the Secretary of Veterans Affairs to like to inform the body that the Con- that father returning to sanity after maintain order in national cemeteries gressional Budget Office has deter- the burial of his son or, in this case, under current regulations. mined that implementing H.R. 5037 the burial of the husband. Fourth, express the sense of Congress would have no significant cost to the It is so important that we stand by that all States should enact similar re- Federal Government, and it has no the men and women who sacrifice so strictions for State and private ceme- intergovernmental mandate as defined much, and this bill does that. It pro- teries, as well as funeral homes. by Federal law. tects the first amendment. They can

VerDate Aug 31 2005 04:07 May 10, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.040 H09MYPT1 jcorcoran on PROD1PC62 with HOUSE H2202 CONGRESSIONAL RECORD — HOUSE May 9, 2006 still preach their vile hatred, if they Military Appreciation Month in May as sistent with the Constitution while want to do that an hour before and an well as Memorial Day on May 29, I urge fully protecting the respect and dignity hour after; but, again, it also creates a my colleagues to support this bill. It of funerals held on and near national bubble. It creates a hub of American seeks to provide every fallen soldier cemeteries. people around these families to give with a private and dignified burial for The first provision of H.R. 5037 pro- them the right, which they so richly those who have given to this country, hibits demonstrations on national cem- deserve, to grieve in peace and have the the men and women who have sac- etery grounds unless such demonstra- dignity and the honor to lay their rificed a lot. tions are approved by the cemetery di- loved ones to rest in peace. All around the country, grieving fam- rector. It is common sense. I can say it no better, Mr. Speaker, ilies of soldiers who were killed in serv- This provision is clearly constitu- than so many people who e-mailed me, ice to our Nation are being harassed at tional under judicial precedents, most almost 30,000 people from Baghdad Iraq funeral sites. These protesters show us recently Griffin v. Secretary of Vet- to Brighton, Michigan, my hometown with hurtful signs and messages, add- erans Affairs. In that case, the Federal and told stories of why this was so im- ing undue stress to military families Circuit Court of Appeals, just a few portant, some of them very moving. seeking to bury their loved ones with years ago, upheld as constitutional an I will read you one now: ‘‘Over the pride and dignity. existing Federal regulation providing While we respect the right of free last 6 months my unit has taken over ‘‘any service, ceremony, or demonstra- speech in this country, military fami- 30 casualties in some of the most vi- tion, except as authorized by the head lies have a right to mourn the loss of cious areas south of Baghdad. The of the facility or designee, is prohib- their husbands, wives, and children in thought of their families having to face ited’’ on Veterans Affairs property. The peace. H.R. 5037 would enforce the right protestors after their memorials in- first provision of H.R. 5037 simply codi- by banning protests at VA national cites a rage I have never known before. fies that principle in statute. These protestors mock all that we have cemeteries, as well as Arlington Na- tional Cemetery, 60 minutes before and The second provision of H.R. 5037 pro- accomplished here, the lives that have hibits any demonstration within 500 been forever changed, and the lives after a funeral takes place. This bill would also impose a 500-foot feet of national cemeteries within 60 that have been lost, using our most restriction on demonstrations at the minutes before or after the service, if valued doctrines of faith and freedom site to give families privacy. Addition- the demonstration includes ‘‘any indi- as their defense. I cannot thank you, ally, this bill would create a class A vidual willfully making or assisting in and Congress, enough for your dedica- misdemeanor for violations with pen- the making of any noise or diversion tion to this effort. I can only hope that alties up to $100,000 in fines or 1 year in that disturbs or tends to disturb the your colleagues will join you in this prison. peace or good order of the funeral or battle. Mr. Speaker, so many have. Finally, H.R. 5037 expresses a sense of memorial service or ceremony.’’ This Signed, Sergeant Ashley A. Voss, Bagh- Congress that all States should enact exact language has been upheld as con- dad, Iraq.’’ similar bans for both State-run and stitutional by the Supreme Court in b 1545 privately owned cemeteries and funeral the case of Grayned v. City of Rock- ford. I will share another letter from a homes. Mr. Speaker, this bill is consistent grieving mother. At the same time, this language does with the Supreme Court ruling. It is ‘‘Thank you for creating and seeking not unconstitutionally draw distinc- consistent with the Supreme Court rul- to help grieving families of our Amer- tions regarding what demonstrations ing and it is constitutional. This bill ican heroes. My husband and I support are allowed and are not allowed, based provides additional rights to free this act 100 percent. Our son, Sergeant on the content of the speech. The Su- speech while giving the Armed Forces Trevor Blumberg, was killed in action preme Court, again in the Grayned and their families the due respect and in Iraq on September 14, 2003. We know case, upheld this precise language as the dignity that they deserve because the pain and horror in losing a heroic constitutional because the language their families have given so much to son; no less than to have to face cruel, ‘‘contains no broad invitation to sub- this country, and we deserve to give it inhumane people who cannot dignify jective or discriminatory enforce- back to them. your time of grief. Please continue to ment.’’ I ask Members to support this impor- This is clearly important legislation, place these families in America’s tant bill. hearts and minds. Nothing less is de- and I strongly urge its passing. Mr. BUYER. Mr. Speaker, I yield 3 Let me say that all supporters of served.’’ minutes to the gentleman from Ohio H.R. 5037 are asking is that the fami- That was from Janet M. Blumberg, a (Mr. CHABOT), the chairman of the Sub- lies and friends of our Nation’s fallen proud parent of an American hero. committee on the Constitution. Thanks to all who support the act. Mr. CHABOT. Mr. Speaker, I rise heroes be given a few hours of peace Mr. REYES. Mr. Speaker, I yield 4 today in support of H.R. 5037, the Re- during which to honor their loved one’s minutes to the gentleman from Cali- spect for America’s Fallen Heroes Act, greatest sacrifice, a few hours to pay fornia (Mr. BACA) who knows the pride and I am very pleased to have been an respect to a selfless life devoted to pro- of wearing America’s military uniform, original cosponsor and to have helped tecting others. That is not unconstitu- an Army veteran. to author the bill, along with Chair- tional. That is not even an imposition. That is the least we can do for those (Mr. BACA asked and was given per- man BUYER, Chairman MILLER and who fight to uphold the Constitution. mission to revise and extend his re- Representative ROGERS. marks.) We are all painfully aware of the re- I urge all my colleagues to join in supporting Mr. BACA. Mr. Speaker, I rise today cent trend of demonstrations and pro- this bill, which will give the families of those in support of H.R. 5037, which I am a tests occurring near military funerals who died for us the comfort of knowing they proud cosponsor of as a veteran, the and national cemeteries. These pro- will be able to pray in peace and thank the Respect for America’s Fallen Heroes tests have included signs saying ‘‘God fallen on and near the sacred ground where Act. Hates America’’ and ‘‘Thank God for they will rest forever so we can live free today. These are individuals who have sac- IEDs,’’ which are those improvised ex- Mr. REYES. Mr. Speaker, I reserve rificed their lives for this country, men plosive devices which are responsible the balance of my time. and women who have served us, and we for so many of the deaths of our honor- Mr. BUYER. Mr. Chairman, I yield 1 must remember those who have sac- able military soldiers in Iraq and Af- minute to the gentleman from Min- rificed their lives because we are enjoy- ghanistan. Such demonstrations are nesota (Mr. KENNEDY). ing our lives, because they gave ulti- not compatible with respect due to our Mr. KENNEDY of Minnesota. Mr. mately so we would enjoy the freedom Nation’s fallen heroes and they should Speaker, just over 2 months ago, dur- and peace we have today. not be consistent with our Nation’s ing the funeral of Corporal Andrew So we have the same responsibility, laws. Kemple, a Minnesotan who was killed and that is what this bill does to honor This act prohibits such demonstra- while fighting for freedom, vile slogans those individuals. As we commemorate tions in a manner that is fully con- like ‘‘God Hates America’’ and ‘‘God

VerDate Aug 31 2005 04:07 May 10, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.041 H09MYPT1 jcorcoran on PROD1PC62 with HOUSE May 9, 2006 CONGRESSIONAL RECORD — HOUSE H2203 Loves IEDs’’ were chanted by pro- cating support or opposition to the I think we need to pay tribute, of testers, and I use that term loosely, war. course, to the Patriot Guard riders who with a radical, hateful agenda. But some have taken their objections have been keeping these people away Words like ‘‘reprehensible’’ and ‘‘dis- to places where they simply do not be- from the funeral sites until this legis- gusting’’ simply do not adequately de- long. Many have begun to protest our lation has its intended effect. scribe the slogans or this stunt on such fallen heroes as they are being laid to This bill to pass today is going to re- a solemn occasion. The men and rest by their loved ones. Groups like quire 66 percent vote of this body. I women who have given what Lincoln the Patriot Guard, God bless them, think it will get 100 percent. called ‘‘the last full measure of devo- have stood up and shielded families Mr. REYES. Mr. Speaker, I reserve tion’’ deserve better than this. from this obscene type of protest, but the balance of my time. I urge my colleagues to support the we need to do more. Mr. BUYER. Mr. Speaker, I yield 11⁄2 Respect for America’s Fallen Heroes No fallen soldier, sailor, airman or minutes to the gentleman from Min- Act. Our men and women in uniform marine’s family should ever be sub- nesota (Mr. GUTKNECHT). never fail us when the Nation calls jected to such trauma at a time of such Mr. GUTKNECHT. Mr. Speaker, I rise upon them. We owe them nothing less great grief. Instead, our fallen heroes in strong support of H.R. 5037, the Re- than the same commitment to duty. should be afforded the honor and dig- spect for America’s Fallen Heroes Act. Mr. REYES. Mr. Speaker, I yield my- nity befitting their sacrifice. I am a proud cosponsor of this act self such time as I may consume to I urge my colleagues to support this which will ban protests at military fu- read into the RECORD a statement from important piece of legislation. nerals at national cemeteries, includ- our minority leader, Ms. PELOSI. Mr. REYES. Mr. Speaker, I reserve ing Arlington National Cemetery. ‘‘I urge all of my colleagues to vote the balance of my time. Burying a child, father, husband or Mr. BUYER. Mr. Speaker, I yield 1 today for H.R. 5037, the Respect for wife is hard enough without having to minute to the gentleman from Mary- America’s Fallen Heroes Act. I am see signs that say things like ‘‘God proud to be a cosponsor of this bipar- land (Mr. BARTLETT). Mr. BARTLETT of Maryland. Mr. Hates You’’ or hearing hateful lan- tisan legislation that will ensure griev- Speaker, when the unbridled expression guage shouted at your family during a ing military families are protected of one right infringes on another, we funeral procession or graveside cere- from protesters spewing a message of appropriately limit that right, and mony. hatred. For our men and women in uni- that is what we do today. b 1600 form who have made the ultimate sac- On March 3 of this year, 20-year-old On February 23, 2006, the funeral of rifice for our country, and for their Lance Corporal Matthew Snyder of families, we must act today to ensure Army Corporal Andrew Kemple from Westminster, Maryland, was killed Anoka, Minnesota, was disrupted by that they receive the respect and the when his Humvee overturned on assign- moments of solemnity that they have protestors who claimed that U.S. mili- ment in Iraq. tary deaths are divine retribution for earned and deserve. Before his deployment, Matthew ex- the Nation’s tolerance for homosex- ‘‘No Americans have stood stronger plained that he volunteered for convoy uality. The protestors even went so far and braver for our Nation than those escort security because, ‘‘There was a as to taunt Andrew’s mother as she en- who have served in our Armed Forces. position that needs to be filled, and I tered the church for her son’s funeral Our soldiers have courageously an- am a Marine.’’ service. swered when called, gone when ordered, Outside the church where Matthew’s It is hard to think of a more shame- and defended our Nation with great family and friends gathered for his fu- ful act than taunting a woman who honor. Their noble service reminds us neral, a group of six out-of-State pro- just gave her son in service to our Na- of our mission as a nation, to build a testers loudly chanted and carried tion. future worthy of their courage and sac- signs, including, ‘‘Thank God for Dead All Americans are proud of the sac- rifice. Soldiers.’’ ‘‘Americans may debate and disagree I stand today joined in spirit by rifices made by our Nation’s brave about foreign and domestic policy. This members of the American Legion and Americans in uniform. We have seen is the essence of our democracy. But the For Our Troops Club of Hereford their skill and their courage in the ar- when it comes to our military men and High School in support of this bill that mored charges and midnight raids and women, America must stand united will honor America’s fallen soldiers in their lonely hours of faithful watch. and honor them as the heroes that they and respect the privacy of their fami- We have seen the joy when they return are.’’ lies by protecting the dignity of their home and felt the pain when one is Minority Leader NANCY PELOSI. funerals. lost. Mr. Speaker, I continue to reserve Mr. REYES. Mr. Speaker, I reserve No matter what one’s position may the balance of my time. the balance of my time. be on U.S. policy matters, we should Mr. BUYER. Mr. Speaker, I yield 1 Mr. BUYER. Mr. Speaker, I yield 1 all agree that demonstrating at the fu- minute to the gentlewoman from minute to the gentleman from Georgia neral of one of our fallen heroes is dis- Michigan (Mrs. MILLER). (Mr. GINGREY). graceful and unacceptable. We must Mrs. MILLER of Michigan. Mr. Mr. GINGREY. Mr. Speaker, I thank stand behind our Nation’s military Speaker, during this time of conflict, Chairman BUYER, Chairman CHABOT, families, especially on the day when we have seen so many examples of her- Chairman MILLER, Mr. REYES, and all caskets draped with the American flag oism exhibited by the men and women of the Members that have brought are carried that last mile. of our armed services. forth this bill, the Respect for Amer- The Minnesota State legislature Every day these great heroes are on ica’s Fallen Heroes Act. passed a bill on Monday, May 1, to ban the front line of the war in Iraq and Af- Mr. Speaker, it is unbelievable that all protests at military funerals, bur- ghanistan and throughout the entire we would need this kind of a bill, but ials, and memorial services. I encour- world, defending our liberty and free- we do know what is going on. You have age other States to follow Minnesota’s dom and democracy. And most Ameri- heard that from the other Members lead, and I urge the House of Rep- cans, thank goodness, support their ef- that have spoken. It is unbelievable resentatives to pass the Respect For forts and their mission; and the vast that people would trample on the fami- America’s Fallen Heroes Act today. majority honor their service and sac- lies of these fallen soldiers during such Our Nation’s heroes deserve no less. rifice. a sensitive time. Mr. REYES. Mr. Speaker, I have no But some do not and have expressed In my district, Mr. Speaker, had they further requests for time, so I will now their objections in a variety of ways showed up at the funeral of Justin close and then yield back the time. that have been articulated on this floor Johnston or Paul Saylors or Lieuten- Mr. Speaker, this afternoon, all today. Some are protesting the Con- ant Tyler Brown, who was buried at Ar- around the country they have seen gress or the President, and that is fine lington, I am sure those families would Members of Congress come together to because we are the policy-makers and have had a lot of difficulty restraining stand up for our men and women in we are the correct targets for indi- themselves, as would this Member. uniform and for their families. I think

VerDate Aug 31 2005 04:07 May 10, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.043 H09MYPT1 jcorcoran on PROD1PC62 with HOUSE H2204 CONGRESSIONAL RECORD — HOUSE May 9, 2006 the message is clear that we want So we are not only setting the stand- service of our country. So it is an easy those that have made the ultimate sac- ards of decency. We are also setting the call to make, but it is a difficult con- rifice, and those that are laying them standards for criminal conduct so ev- versation to have. to rest, to have the opportunity to do erybody is well behaved. But I just And I remember calling the mother so with peace and dignity. So I am want to thank the gentleman. of Sergeant Ricky Jones in Kokomo, proud to be here, and I am proud to Mr. REYES. Absolutely. And I also Indiana, and when I spoke with her and work with my colleagues and thank would make two observations. First, said, Ma’am, is there anything that I them for their support in bringing this the great restraint that they are show- can do for you or the family, she said, to the floor this afternoon. ing shows the great respect that we You can’t believe what this has been Mr. BUYER. Mr. Speaker, will the have as a Nation of laws because while like. And I said, Well, I have two chil- gentleman yield? we may disagree with the message, we dren. You are right. I can’t believe Mr. REYES. I yield to the gentleman don’t disagree that they have a right to that. She said, No, no, you don’t under- from Indiana. deliver it. It is just not appropriate. stand, and then began to convey to me Mr. BUYER. Mr. Speaker, and my And somewhere along the line they that, When I had heard that Ricky had colleagues, I want to thank the gen- didn’t learn the lesson that they should died, I began receiving family and tleman from Texas. It is a pleasure to not intrude on somebody’s private time friends to the home. They would also have worked with you. We are col- to grieve and to be at peace, especially call on the telephone. The phone rang. leagues on the Veterans’ Affairs Com- for their loved ones who have just sac- I thought it was going to be either fam- mittee, and I appreciate your service rificed everything for their country. ily or friend, and she picked up the over the years. But you and I haven’t Yesterday morning I had the oppor- phone and the voice on the other end had a chance specifically to work on a tunity to be with some of our military said, I am glad your son is dead. He de- bill. And I have enjoyed my associa- troops at Fort Bliss in my district. And served to die, and hung up the phone. tions with you. And the cause is right. I had several of them come to me and She was shocked and appalled. And she The spirit of the country is right. They very privately, because, you know, our recovered from that. want us to set the standards of dignity, men and women in uniform are that About an hour later the phone rings and you recognized that early on and way. They are courageous, they are again and it is another voice on the championed this cause in a bipartisan professional. They are top-notch, but other end of the phone that said, I am fashion. And it says a lot about who they are also very private. And in a glad your son is coming home in a body you are. I think it is because you know private way they thanked me and said, bag. I am glad he is dead, and hangs up who you are, and that makes this is a please convey to all your colleagues in the phone. pretty easy process. For that I want to Congress our deep appreciation that we Later, someone had egged their fam- thank the gentleman. ily home twice. And then they put Mr. REYES. Thank you, Mr. Chair- know that if something happens to us, trash all over their yard in the middle man. I really equally appreciate the our families will be taken care of, and opportunity to work with you because specifically referred to this legislation of the night. And all this was done we know, as veterans, the sacrifices and the peace of mind that they have, while the body of Sergeant Ricky that men and women make on behalf of and they wanted us to convey that Jones was being transported back to this country and their families, and so message. Indiana. I was pleased that the Deputy Sec- it has been a privilege to be able to Mr. BUYER. I am glad and pleased that you and Mr. ROGERS took this ini- retary of Veterans Affairs, Gordon work with you and my colleague, MIKE tiative. But at the same time it is a sad Mansfield, and the Under Secretary for ROGERS, who also has been a leader on this very important issue for our coun- commentary that we actually have to Memorial Affairs, Bill Turk, came to try and for our country’s military. come to the House floor and create a Indiana to stand with this family, with Mr. BUYER. Mr. REYES, you probably law in title XVIII to do this. We myself, and also the Governor of Indi- share the very same sense I do when shouldn’t have to be doing this. So ana was also present. But for Gordon you see the Patriot Guard Riders. And when people say you are regulating Mansfield to have made that trip was you know, one thing I want to com- speech again, well, nobody really wants very meaningful because Gordon Mans- ment to you, that I am proud about to do that. We have such respect for field is a highly decorated combat vet- them, not only for taking an individual the first amendment. But at the same eran from Vietnam who is a paraplegic. initiative, but also for their restraint. time there is a significant government He is in a wheelchair from his combat I do recall what it was like when I interest here and that deals with our wounds. And for him to also have been came back from the first gulf war, and decency that you spoke of in setting so disturbed by what happened, for him we buried a friend, and we stood there those standards. to travel to Indiana to be with that in our military uniforms, so proud of And also the case law that you cited. family says so much about Gordon our service. At the same time we were The Supreme Court has been very clear Mansfield and the leadership that he grieving, and we were also moved that to give us that ability to do just that, gives at the Department of Veterans one of the finest of our unit was killed, as Mr. CHABOT had also testified to be- Affairs. and it was so powerful to all of us. And fore our committee. I was pleased. It was the first time I it was also yet so private and personal But it is unfortunate we have to be had ever seen the Patriot Guard Rid- to all of us, given what we had just here to do that. But we cannot permit ers. Hundreds of them were there. And gone through on behalf of a country. the repugnant acts of a few to define that is why, Mr. REYES, that I spoke And as I reflect upon that moment, I the character of America. about their restraint, because when could not imagine someone from the Mr. REYES. I agree with you, Mr. you see them, you are not sure what’s outside, based on some other reason or Chairman. about to happen here. These are some rationale and their own image, would Mr. Speaker, I yield back the balance pretty tough guys. interrupt that moment in time for us. of my time. And one thing that I recall from that And I think a lot of these Patriot Mr. BUYER. Mr. Speaker, when I experience that was very intriguing Guard Riders also share that very same rose in March to tell this body of the was that many of them were also Viet- feeling I have. And I just want to com- outrageous acts committed against one nam veterans. Not all of them were pliment their restraint; because I could grieving family in Indiana, I said that Vietnam veterans, and not all of them tell you, it would be hard, it would be the great virtue of the American char- were even veterans. Some of them were really hard, if I were in the family, if I acter is our compassion. It is our com- not. They are patriots. were one of the family members and passion and human decency that rep- And Sergeant Ricky Jones is the son this was happening, I would want to go resents the very best of our Nation. of an Air Force Vietnam veteran; so over there and take matters into my I had a task to perform and that was these Vietnam era veterans, they know own hands. But you know what? People very similar to many of my colleagues exactly what it was like when they haven’t done that. And I am really in this body, and that is, when we get came home. proud of some of the families and the the word that someone from our con- Mr. Speaker, I ask unanimous con- Patriot Guard Riders themselves. gressional districts has died in the sent for an additional 5 minutes.

VerDate Aug 31 2005 04:07 May 10, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.045 H09MYPT1 jcorcoran on PROD1PC62 with HOUSE May 9, 2006 CONGRESSIONAL RECORD — HOUSE H2205 The SPEAKER pro tempore. Is there family, did attend to honor the memory of Ser- Iraq and Afghanistan. Their families and loved objection to the request of the gen- geant Mills. An injustice was adverted. ones should be proud of their service to their tleman from Indiana? No family should have to endure such a country. The sadness of those left behind is There was no objection. double tragedy of losing a loved one and then bad enough without having to face screaming Mr. BUYER. They know exactly what being berated by protesters. The Respect for protesters with an agenda. it was like when they came home, and America’s Fallen Heroes Act will keep pro- This bipartisan bill is consistent with the they were not going to permit this to testers away from grieving families and Constitution and is not a limitation of the free- occur to their son or daughter; but friends—allowing these heroes to be mourned dom of speech that we enjoy in this country. they were going to set those standards. and honored with dignity and respect. I ask all I strongly support this legislation and stand And so for that reason, and many oth- my colleagues to join me in supporting this im- with my colleagues. I hope that this legislation ers, I am so proud of the Patriot Guard portant piece of legislation that is unfortunately becomes law as soon as possible. Riders. needed. I ask my fellow Americans to remem- I urge my colleagues to vote ‘‘yes’’ on H.R. We have before us an opportunity to ber and honor these heroes, and their fami- 5037. make a clear expression of that com- lies, who have made the ultimate sacrifice de- Mr. PORTER. Mr. Speaker, over 2,400 passion and decency on behalf of those fending freedom. brave men and women have paid the ultimate who are passing their darkest hours Mr. BACA. Mr. Speaker, I rise today in sup- sacrifice fighting the War on Terror and the and on behalf of all Americans who port of H.R. 5037, the ‘‘Respect for America’s great State of Nevada has lost 19 heroic sons, would give them peace during that dif- Fallen Heroes Act.’’ 9 of which, are in my district. Just last week, ficult journey. As we commemorate Military Appreciation on May 5, First Sergeant Carlos N. Saenz of Mr. Speaker, I would like to thank Month in May, as well as Memorial Day on the Las Vegas died when an improvised explosive the chief sponsors of this bill, Mr. ROG- 29th, I urge my colleagues to support a bill device detonated near his military vehicle. ERS of Michigan, SILVESTRE REYES of that seeks to provide every fallen American As we continue to fight the War on Terror, Texas, and JEFF MILLER of Florida. To- soldier with a private, dignified burial. it is imperative that we protect America’s fallen gether they have done their due dili- All around the country, grieving families of heroes by ensuring that they are treated with gence to ensure that the legislation soldiers killed in service to our nation are respect, while being laid to rest. As a member of Congress, and a parent, I will withstand any judicial scrutiny. being harassed at funeral sites. These pro- understand the importance of ensuring that I would like to thank Kingston testers show up with hurtful signs or mes- families are able to provide a meaningful and Smith and Mary Ellen McCarthy, coun- sages, adding undue stress to military families proper burial for their loved ones. As we pro- sel of the Veterans’ Affairs Committee; seeking to bury their loved ones. tect the constitutional rights of those who dis- Paige McManus of the Veterans’ Af- While we respect the right to free speech in agree with the war, we must also protect the fairs Committee for their work on the this country, military families also have a right rights of our fallen heroes and their families. to mourn the loss of their husbands, wives, bill; as well as Andy Kaiser of Con- The Respect for America’s Fallen Heroes and children in peace. H.R. 5037 would en- gressman ROGERS’ staff. Act, which bans all demonstrations 60 minutes I would also like to thank, of the Ju- force that right by banning protests at VA na- prior to and after funerals taking place at De- diciary Committee staff: Paul Taylor, tional cemeteries, as well as at Arlington Cem- partment of Veterans Affairs’ national ceme- Hillary Funk and Mike Volkov. etery, 60 minutes before and after a funeral teries or the Department of Army’s Arlington Mr. Speaker, I urge my colleagues to takes place. This bill would also impose a National Cemetery, seeks to protect the fami- unanimously support H.R. 5037. 500-foot restriction on demonstrations at these lies right to grieve in peace. Mr. TIAHRT. Mr. Speaker, every so often a sites and create a Class A Misdemeanor for The National Cemetery Administration’s bill comes before this House that I wish was violations with penalties up to $100,000 in (NCA) vision is to serve all veterans and their unnecessary. A bill that is so intrinsically root- fines or 1 year in prison. Finally, H.R. 5037 families with the utmost dignity, respect, and ed in basic human decency that no one could would express the sense of Congress that all compassion and to ensure that every national imagine a legislative remedy would be need- states should enact similar bans for both cemetery will be a place that inspires visitors ed. H.R. 5037, Respect for America’s Fallen state-run and privately-owned cemeteries and to understand and appreciate the service and Heroes Act, is such a bill. funeral homes. sacrifice of our Nation’s veterans. In order to H.R. 5037 would prohibit protests at the fu- Mr. Speaker, this bill is constitutional and ensure that the NCA and the Department of nerals of our fallen military men and women. preserves the individual’s right to free speech, Veterans Affairs are able to keep their commit- A small group of people are hurling insult onto while giving our Armed Forces and their fami- ment to America’s veterans and their families, tragedy for the family and friends of fallen he- lies their due respect. It is the right thing to do I am in full support of this important piece of roes. For me and my constituents, this blight and I ask my colleagues vote in support of this legislation. on human decency is personal. important piece of legislation. Mr. Speaker and my distinguished col- On November 29, 2005, Kansans Sergeant Mr. DAVIS of Florida. Mr. Speaker, I rise in leagues, I offer my full support for this impor- Jerry Mills and Sergeant Donald Hasse were strong support of H.R. 5037, the Respect for tant piece of legislation and I support your ef- patrolling Taji, Iraq their vehicle was hit by an America’s Fallen Heroes Act, which would ban forts to protect the rights of America’s fallen improvised explosive device—tragically cutting all non-approved demonstrations 60 minutes heroes and their families. their lives short. Their bodies were returned to prior to and after funerals taking place at VA Mr. MILLER of Florida. Mr. Speaker, I rise Kansas for burial and everlasting respect of national cemeteries or at Arlington National today to offer my unwavering support for H.R. their grateful countrymen. Cemetery, as well as impose a 500-foot re- 5037, the Respect for America’s Fallen He- Sergeants Mills and Hasse were heroes. striction on demonstrations. Furthermore, the roes Act. I am proud to be an original cospon- They gave their lives for this country. Both of bill would allow for a Class A Misdemeanor for sor of this bill. these heroes deserved funerals befitting of violations with penalties up to $100,000 in The rights of free speech and expression their patriotism and sacrifice. Regrettably, fines or up to one year in prison. under the Constitution’s First Amendment are some wanted to turn a solemn event into a As we have seen, a troubling public display not absolute, and there are many U.S. Su- political statement. has been taking place around the country per- preme Court decisions interpreting and ex- Protesters arrived at Sergeant Hasse’s fu- petuated by groups who wish to call attention plaining the right and its limits. As Chairman neral in Wichita, Kansas. Fortunately, so did to a cause. This activity is not a case of free BUYER explained, there are several judicial the Patriot Guard Riders, a group of motor- speech and should be stopped. There is a precedents which make clear that H.R. 5037 cycle riders dedicated to honoring fallen serv- time and a place for protest in our Democracy, is constitutional. On April 6, the Subcommittee ice men and women and protecting the funeral but it is wholly inappropriate to use a funeral on Disability Assistance and Memorial Affairs, proceedings from protestors. The Patriot as an opportunity to make statements about a the subcommittee I chair, took testimony on Guard Riders, invited by the Hasse family, personal belief, a political cause or federal pol- this bill. kept the protestors at bay and protected Ser- icy. Families and loved ones should be al- Said David Forte, Professor of Law, Cleve- geant Hasse’s young son from having to wit- lowed to grieve in peace. For this reason, I am land-Marshall College of Law, Cleveland State ness such inhumanity. a cosponsor of this legislation along with more University, in written testimony submitted to Although the same protesters were due to than 170 of my colleagues. the Subcommittee: also demonstrate at the funeral for Sergeant Mr. Speaker, more than 2,500 brave men ‘‘There are thus two constitutional issues Mills in Arkansas City, Kansas, they never ar- and women have given this country the ulti- to be confronted: (1) Does the ban on ‘‘cer- rived. The Patriot Guard, invited by the Mills mate sacrifice while serving their country in tain’’ demonstrations meet the requirement

VerDate Aug 31 2005 04:07 May 10, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 9920 E:\CR\FM\K09MY7.047 H09MYPT1 jcorcoran on PROD1PC62 with HOUSE H2206 CONGRESSIONAL RECORD — HOUSE May 9, 2006 of First Amendment law as laid down in Su- similar standards. Clark v. Community for to abate a nuisance that would disturb the preme Court precedents, and (2) Is the discre- Creative Non-Violence, 468 U.S. 288 (1984). good order of a federally mandated activity tion lodged in the cemetery superintendent Under the O’Brien test, ‘‘a governmental in our national cemeteries, namely, to pro- to permit exceptions fall within an accept- regulation is sufficiently justified if it is vide memorial services and ceremonies that able constitutional range? I conclude that within the constitutional power of the gov- are ‘‘a tribute to our gallant dead.’’ the answer to both questions is in the affirm- ernment; if it furthers an important or sub- It should be noted that in Grayned, the Su- ative and that the bill is well within con- stantial governmental interest; if the gov- preme Court held that the antinoise ordi- stitutional limits. ernmental interest is unrelated to the sup- nance was good against claims of over- pression of free expression; and if the inci- breadth or vagueness. H.R. 5037’s prohibition Mr. Speaker, at this time I ask unanimous dental restriction on alleged First Amend- on ‘‘willfully making or assisting in the consent that Mr. Forte’s statement be included ment freedoms is no greater than is essential making of any noise or diversion that dis- in the CONGRESSIONAL RECORD. to the furtherance of that interest.’’ 391 U.S. turbs or tends to disturb the peace or good I have visited the troops in Afghanistan and at 376. Under the ‘‘time, place, and manner’’ order of the funeral or memorial service or Iraq several times over the years. test, government regulations of expressive ceremony’’ tracks the language approved by While always moving and inspiring experi- conduct are valid ‘‘provided that they are the Court in Grayned. ences, one time in particular stands out. It was justified without reference to the content of Furthermore, the language of H.R. 5037 September 2003 and we were preparing to re- the regulated speech, that they are narrowly finds support in the case of Boos v. Barry, 485 tailored to serve a significant governmental U.S. 312 (1988). In the case, the Supreme turn to the States. After quite a wait, we were interest, and that they leave open alter- Court reviewed a District of Columbia law told that they were loading onto the plane the native channels for communication of the in- that made it unlawful to display any sign casket of Sergeant Trevor Blumberg, and we formation.’’ Clark, 468 U.S. at 293. that brought a foreign government into would be leaving Baghdad with his body. I It is clear from the text of H.R. 5037 that ‘‘public odium’’ or ‘‘public disrepute’’ within have had few honors as great as that one. I the purpose of the bill is to assure the dig- 500 feet of an embassy, and which banned am pleased to say that Mrs. Blumberg has nity of funerals or memorial services held in ‘‘congregating’’ within 500 feet of an em- honor of our fallen dead by preventing dem- bassy. The Court struck down the ban on dis- since contacted Representative ROGERS’ office onstrations that are disruptive of those cere- playing a sign critical of a foreign govern- to express her and her husband’s support for monies. To that end, the bill delineates what ment, but upheld the ban on congregating if, this bill. kind of demonstrations shall be prohibited, as construed by the lower courts, the con- Our Nation’s veterans have made the ulti- viz, a demonstration within five hundred feet gregation was ‘‘directed at a foreign em- mate sacrifice, and it is appalling to see and of a cemetery in which a funeral or memo- bassy.’’ H.R. 5037 bans only those demonstra- hear their military service being derided. Un- rial service is to be held if the demonstration tions within 500 feet of a cemetery that are fortunately, throughout the country, that is in- takes place within a time period from 60 intentionally disruptive of ceremonies or fu- deed what is happening and it must stop. minutes before until 60 minutes after the fu- nerals within national cemeteries. The dis- neral or memorial service. Furthermore, the ruptive requirement does not need judicial I want to thank Mr. ROGERS, Chairman bill requires that only those demonstrations construction. It is made in the terms of the BUYER, and Mr. REYES for all their work in in which a ‘‘noise or diversion’’ is willfully statute and is fully supported by the decision crafting this legislation and their continued made and ‘‘that disturbs or tends to disturb in Boos v. Barry. dedication to the men and women of our the peace or good order of the funeral service Under H.R. 5037, a person who displays armed forces. or memorial service or ceremony’’ shall be ‘‘any placard, banner, flag, or similar device, I would also like to recognize Mr. Paul Tay- prohibited. unless the display is part of a funeral or me- lor and Ms. Hilary Funk, staff on the Judiciary. Maintaining cemeteries for veterans is morial service or ceremony,’’ and such a dis- Committee’s Subcommittee on the Constitu- clearly within the constitutional power of play causes a ‘‘diversion that disturbs or government. It is also clear that, under 38 tends to disturb the good order of the funeral tion, for working so closely with my staff and U.S.C. sect. 2403, the purpose of maintaining or memorial service’’ is subject to the law. me. cemeteries ‘‘as a tribute to our gallant dead’’ This prohibition is closely akin to the fo- Mr. Speaker, I urge all my colleagues to is an important or substantial governmental cused picketing ordinance upheld by the Su- support this bill. interest. It is similarly evident from the text preme Court in Frisby v. Schultz, 484 U.S. 474 TESTIMONY OF DAVID F. FORTE, PROFESSOR OF of the bill that its purpose is to prevent con- (1988). That ordinance banned picketing ‘‘be- LAW, CLEVELAND-MARSHALL COLLEGE OF duct that is intentionally disruptive of a fu- fore and about’’ any residence. Although in LAW, CLEVELAND STATE UNIVERSITY, IN neral or memorial service without reference most public areas, people may picket and ex- SUPPORT OF H.R. 5037 BEFORE THE HOUSE to the content of the expressive conduct. The postulate even though others may object to COMMITTEE ON VETERANS’ AFFAIRS, SUB- text does not ban accidental noises present the message, in certain areas the functioning COMMITTEE ON DISABILITY ASSISTANCE AND in our modern society near to many ceme- of the forum takes precedence, provided MEMORIAL AFFAIRS, JEFF MILLER, CHAIR- teries, such as traffic or the sounds of chil- there are alternative ways the protestor may MAN, APRIL 18, 2006 dren playing. Nor does it ban only dem- express his message. Schools are one forum I. INTRODUCTION onstrations with a particular kind of mes- whose functioning may not be disturbed or sage. A demonstration connected with a diverted. Grayned. The home is another H.R. 5037, entitled the ‘‘Respect for Amer- labor dispute that is disruptive of a funeral place. Justice O’Connor noted that the pick- ica’s Fallen Heroes Act,’’ seeks to limit ‘‘cer- is as violative of the law as would be an anti- eters could still march through the neighbor- tain demonstrations’’ in cemeteries under war demonstration or a ‘‘support our troops’’ hood to express their opposition to abortion the control of the National Cemetery Admin- march. Finally, ‘‘the incidental restriction and abortionists. They simply could not dis- istration or on the property of Arlington Na- on First Amendment freedoms is no greater rupt the ‘‘tranquility’’ of a doctor’s home. tional Cemetery. The bill defines what con- than is essential to the furtherance’’ of the 484 U.S. at 484. Similarly, in H.R. 5037, the stitutes a demonstration disruptive of the interest of maintaining the dignity of a fu- bill seeks to protect the tranquility and dig- memorial services or funerals being held in neral for our fallen dead. Demonstrations 60 nity of a memorial service. It allows the or within 500 feet of such cemeteries, but al- minutes before or 60 minutes after the cere- picketer or demonstrator to display what- lows an exception for demonstrations on mony are permitted. Even during the period ever kind of sign or device he wishes one cemetery grounds if ‘‘approved by the ceme- in which a ceremony is being held, a dem- hour before or one hour after the ceremony, tery superintendent.’’ There are thus two onstration beyond 500 feet of the cemetery is or at any time if more than 500 feet distant constitutional issues to be confronted: (1) permitted. This is no blanket ban at all. from the cemetery, even if it offends those Does the ban on ‘‘certain’’ demonstrations The fact that H.R. 5037 prohibits disruptive who may be traveling to the ceremony. meet the requirements of First Amendment demonstrations on grounds that are not part If, however, a person displays ‘‘any law as laid down in Supreme Court prece- of a national cemetery finds support in Su- placard, banner, flag, or similar device, un- dents, and (2) Is the discretion lodged in the preme Court precedent. The case of Grayned less the display is part of a funeral or memo- cemetery superintendent to permit excep- v. City of Rockford, 408 U.S. 104 (1972) is di- rial service or ceremony,’’ and the display tions fall within an acceptable constitu- rectly on point. In Grayned, the Supreme occurs within a cemetery, there is no re- tional range? I conclude that the answer to Court upheld an antinoise ordinance, which quirement in the bill that it be part of a dis- both questions is in the affirmative and that read: ‘‘No person, while on public or private ruptive demonstration. But in that case, the the bill is well within constitutional limits. grounds adjacent to any building in which a display does not take place in a traditional II. THE BAN ON DEMONSTRATIONS school or any class thereof is in session, public forum, such as a public sidewalk, but Demonstrations are a form of expressive shall willfully make or assist in the making rather within a non-public forum dedicated conduct. In all governmental restrictions on on any noise or diversion which disturbs or to honoring our veterans. In that situation, expressive conduct, Supreme Court jurispru- tends to disturb the peace or good order of the ban is a reasonable, and thereby a valid, dence requires application of the O’Brien such school session or class thereof.’’ 408 restriction in a non-public forum designed to test, United States v. O’Brien, 391 U.S. 367 U.S. at 107–08. It is axiomatic in our legal preserve the appropriate functioning of the (1968) or of the ‘‘time, place, and manner’’ tradition that the state may take reasonable forum, i.e., a national cemetery. I discuss test. Cox v. New Hampshire, 312 U.S. 569 (1941). steps to abate a nuisance that may emanate the law applying to non-public forums in The Court has declared that both tests have from private property. What H.R. 5037 does is Part III below.

VerDate Aug 31 2005 04:07 May 10, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.166 H09MYPT1 jcorcoran on PROD1PC62 with HOUSE May 9, 2006 CONGRESSIONAL RECORD — HOUSE H2207 Thus, under either the O’Brien test or The purpose of many non-public forums is America’s Fallen Heroes Act. This is a much under the time, place and manner test, the normative and preserving the function of needed piece of legislation to curb the unfortu- statute is drawn to be within Constitutional that forum may entail restricting opposing nate actions of a small minority of people. standards. normative viewpoints. Schools, for example, Although I am glad to have this opportunity Nonetheless, I find one phrase in the bill are nonpublic forums charged with devel- puzzling. Under section (b)(2), a demonstra- oping students’ character for participation to support the servicemembers in my home tion is defined as ‘‘Any oration, speech, use as well-informed and well-developed citizens state of Kansas and around the world, I am of sound amplification equipment or device, in our system of representative government. disappointed that we even need this bill. or similar conduct before an assembled group To that end, schools may insist that stu- I have a lot of servicemembers in my district of people that is not part of a funeral or me- dents observe rules of respect and avoid who are courageously serving our country in morial service or ceremony.’’ (emphasis hateful or immoral language. A student with combat. I have talked to many of them and I added) It would see that a single individual an opposite viewpoint who fails to observe have seen their desire and passion to serve with a bullhorn who disrupts a ceremony the rules of respect and makes his point with their country out of a love for freedom, democ- might not be covered under this section. crude language is not protected by the First Thus, I do not see the use of the phrase ‘‘be- Amendment. Hazelwood School District v. racy, and for their country. fore an assembled group of people.’’ In any Kuhlmeier, 484 U.S. 260 (1968). Accordingly, Unfortunately, some of these event, with such a phrase, the restriction on the superintendent of a national cemetery is servicemembers have lost their lives and their expressive conduct is even less than would be charged with maintaining the cemetery and families must now grieve their loss. The fami- permitted to be under the Constitution. its activities ‘‘as a tribute to our gallant lies of our fallen servicemembers—our true III. THE DISCRETION OF THE CEMETERY dead.’’ Under H.R. 5037 he is granted reason- heroes—should not be subjected to protests, SUPERINTENDENT able discretion to assure that all activities hate-filled phone calls, and other obscenities. It is a central canon of our First Amend- within the cemetery accord with its lawfully No one should experience that, especially not ment jurisprudence that permission to en- stated purpose. He may permit ceremonies or after losing a loved one. That is why I support demonstrations or signs or programs that ac- gage in expressive conduct cannot be left to this bill that will help protect the families of our the unbridled discretion of a governmental cord with such purpose and forbid those that do not. In doing so, the restriction imposed fallen servicemembers from unwelcome official. City of Lakewood v. Plain Dealer Pub- protestors. lishing Co., 486 U.S. 750 (1988). Such a discre- is ‘‘reasonable and not an effort to suppress tion carries with it the dangers of prior re- expression merely because public officials Our servicemembers embody the exact op- straint, vagueness, overbreadth, and content oppose the speaker’s view.’’ 288 F.3d at 1321, posite of hate by sacrificing their lives so that and viewpoint discrimination. Section (a)(1) citing, Cornelius v. NAACP Legal Del & Educ. we can keep ours. I pay tribute to them, and of H.R. 5037 prohibits demonstrations in Fund, Inc., 473 U.S. 788, 800 (1985). I wholeheartedly support this legislation. cemeteries under the control of the National IV. CONCLUSION Mr. ORTIZ. Mr. Speaker, I rise today in sup- Cemetery Administration or in Arlington H.R. 5037 is a well-crafted bill that seeks to port of the Respect for America’s Fallen He- National Cemetery ‘‘unless the demonstra- maintain the decorum necessary to honor roes Act—of which I am a proud co-sponsor. tion has been approved by the cemetery su- our veterans and those who have died for our Like so many of my colleagues, I was horri- perintendent.’’ Nonetheless, I do not believe freedoms and who now rest in national ceme- fied that members of Topeka, Kansas, based that this section permits unbridled discre- teries. I find that the bill’s careful limita- tion in the cemetery superintendent. Rather, tions on disruptive demonstrations and the Westboro Baptist Church were verbally abus- I think that his discretion is well-cabined limited discretion it gives to cemetery su- ing—and interrupting—the funerals of service within and defined by the administrative perintendents to be well with constitutional members who gave the last full measure of function the law places upon the cemetery limits. devotion to this Nation. My constituents and I superintendent. Mr. CANTOR. Mr. Speaker, I rise today in have been revolted by this offensive activity. A case directly on point is Griffin v. Sec- It matters not what your individual position is retary of Veterans Affairs, 288 F.3d 1309 (Fed. strong support of H.R. 5037, the Respect for America’s Fallen Heroes Act. on either war we are currently prosecuting—in Cir. 2002). Some veterans were not permitted Iraq or Afghanistan—certainly we can all under federal regulations from placing a Throughout the history of our country, Confederate flag at a national cemetery. countless Americans have made the ultimate agree protesting at military funerals is a cruel Placing a flag was interpreted as a forbidden sacrifice so that we could live freely. and unnecessary hardship on our military fam- demonstration under 38 C.F.R., sect. We owe these fallen heroes a debt of grati- ilies during their most difficult hour. 1.218(a)(14). Subsection (i) declares in part, tude, and we should guarantee the fallen and I respect the first amendment rights of pro- ‘‘[A]ny service, ceremony, or demonstration, their families a peaceful journey to their final testers, and I do not believe this legislation except as authorized by the head of the facil- resting place. would restrict that right. The restrictions placed ity or designee, is prohibited.’’ Petitioners Mr. Speaker, our military cemeteries are in this bill would allow families the privacy to asserted that the section gave unconstitu- conduct funerals, while still preserving the tional discretion to the administrator of the hallowed grounds. During the Gettysburg Ad- facility. dress, I believe President Abraham Lincoln constitutional right of political protest either be- In Griffin, the Federal Circuit Court point- said it best: fore or after family funerals conducted within ed out that cemeteries are non-public forums We have come to dedicate a portion of that the National Cemetery System. the regulations of which are subject only to field, as a final resting place for those who We can best respect fallen service members a reasonable basis test. However, although here gave their lives that the nation might by respecting the principles for which they the government may limit the content of ex- live. It is altogether fitting and proper that made the supreme sacrifice. Today’s bill re- pression in non-public forums, it may not en- we should do this. spects them by honoring those principles of gage in viewpoint discrimination. The ques- But, in a larger sense, we can not dedi- freedom—even when a callous few ineffec- tion was whether the discretion given by the cate—we can not consecrate—we can not hal- law to the cemetery’s administrator brought low—this ground. The brave men, living and tively attempt to demean their dignity—and it with it the danger of viewpoint discrimina- dead, who struggled here, have consecrated allows their families to grieve without being tion. After all, a Confederate flag carries a it, far above our poor power to add or de- victimized by those who feel the need to deni- different viewpoint from the Stars and tract. The world will little note, nor long re- grate fallen soldiers and their families at a Stripes. member what we say here, but it can never most private moment. The Federal Circuit found that the Su- forget what they did here. I ask that all our States pass similar legisla- preme Court had applied the viewpoint dis- For these reasons, I am greatly troubled tion at their State cemeteries, and I urge my crimination doctrine only in traditional pub- colleagues to vote yes on this bill. lic forums or in designated public forums. 288 that groups exploit the sacrifice of so many F.3d at 1321. The court zeroed in on the rel- Americans. These groups trespass on the Mr. ADERHOLT. Mr. Speaker, I rise today evant variable in this kind of case: ‘‘We are memories and hallowed ground of our heroes. in strong support of H.R. 5037, offered by my obliged to examine the nature of the forum Demonstrations at cemeteries disrespect colleague from Michigan. We owe a tremen- because the restrictions in nonpublic fora those who have fallen and the loved ones they dous debt of gratitude not only to the fallen may be reasonable if they are aimed at pre- leave behind. As they held their lines—we soldier, sailor, airman, or Marine, but to their serving the property for the purpose to must do the same. This bill strikes a proper families as well. At their darkest hour, their which it is dedicated.’’ 288 F.3d at 1323. Find- balance between the liberties they defended grief does not need to be exploited by those ing that there was sufficient Supreme Court and the respect earned. trying to make a political point. This intentional support, citing United States v. Kokinda, 497 U.S. 720 (1990), the Federal Circuit upheld the I urge the passage of this bill for we must disruption of a brief period of time meant to discretion lodged in the cemetery’s adminis- support their loved ones and honor their sac- honor a fallen hero goes against the very fiber trator ‘‘when such discretion is necessary to rifice. of American decency. Free speech and public preserve the function and character of the Mr. RYUN of Kansas. Mr. Speaker, I rise protests are a right; however, taunting and tor- forum.’’ 288 F.3d at 1323. today in support of H.R. 5037, the Respect for menting families at the very moment they bury

VerDate Aug 31 2005 04:55 May 10, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.169 H09MYPT1 jcorcoran on PROD1PC62 with HOUSE H2208 CONGRESSIONAL RECORD — HOUSE May 9, 2006 heir dead is not a right; it is abhorrent. This bill diana (Mr. BUYER) and the gentleman Oklahoma, as the Jack C. Montgomery gives the family members of our fallen heroes from Maine (Mr. MICHAUD) each will Department of Veterans Affairs Med- the respect that they are owed, and the peace control 20 minutes. ical Center. that they deserve as they bury their loved The Chair recognizes the gentleman Jack Montgomery is a recipient of ones. I urge my colleagues to vote yes on this from Indiana. the Medal of Honor, the highest award bill, and I hope it is then acted on quickly by Mr. BUYER. Mr. Speaker, I yield my- for valor and combat bestowed upon an the Senate and signed into law by the Presi- self such time as I may consume. individual serving in the armed serv- dent. (Mr. BUYER asked and was given ices. For his distinguished service, he Mr. BUYER. Mr. Speaker, I yield permission to revise and extend his Re- was also recognized by the Silver Star, back the balance of my time. marks.) the Bronze Star and the Purple Heart The SPEAKER pro tempore. The gen- b 1615 with Cluster. tleman from Texas also has another 5 During World War II, Jack Mont- minutes. Mr. BUYER. Mr. Speaker, Jack C. gomery served as a first lieutenant in Mr. REYES. Mr. Speaker, I yield Montgomery, a Cherokee from Okla- the United States Army’s 45th Infantry back the balance of my time. homa, was one of five Native Ameri- Division. On February 22, 1944, in Italy, The SPEAKER pro tempore. The cans who were awarded the highest he fearlessly risked his life above and question is on the motion offered by military honor in the 20th century, the beyond the call of duty by single- the gentleman from Indiana (Mr. Medal of Honor, and a first lieutenant handedly attacking three strong enemy BUYER) that the House suspend the with the 45th Infantry Division, the infantry positions that threatened the rules and pass the bill, H.R. 5037. Thunderbirds. rifle platoons under his command. His The question was taken. On February 22, 1944, near fearless, aggressive and brave action The SPEAKER pro tempore. In the Padiglione, Italy, Montgomery’s rifle that morning accounted for a total of opinion of the Chair, two-thirds of platoon was under fire by three eche- 11 enemy dead, 32 prisoners and an un- those present have voted in the affirm- lons of enemy forces when he single- known number wounded. Late that ative. handedly attacked all three positions, night, while supporting an adjacent Mr. BUYER. Mr. Speaker, on that I taking prisoners in the process. As a unit, he was seriously wounded by mor- demand the yeas and nays. result of his valor, Lieutenant Mont- tar fragments. The yeas and nays were ordered. gomery’s actions demoralized the The citation accommodating his The SPEAKER pro tempore. Pursu- enemy and inspired his men to defeat Medal of Honor recognized that his ant to clause 8 of rule XX and the the enemy forces. courage and heroism inspired his men Chair’s prior announcement, further In addition to being awarded the to a degree beyond estimation. Upon proceedings on this question will be Medal of Honor, Lieutenant Mont- his release from the Army, he began a postponed. gomery was also awarded the Silver career in the Veterans Administration, f Star, the Bronze Star Medal and the Muskogee, Oklahoma. Purple Heart with an Oak Leaf Cluster. It is fitting that Congress designate GENERAL LEAVE On his release from the Army after the Muskogee VA Medical Center to Mr. BUYER. Mr. Speaker, I ask that World War II, Mr. Montgomery began a Jack C. Montgomery, Department of all Members may have 5 legislative career with the Veterans Administra- Veterans Affairs Medical Center. I rise days in which to revise and extend tion in Muskogee, Oklahoma, where he in support of this legislation and urge their remarks and to include extra- remained in service for most of his life. my colleagues to do the same. neous material on H.R. 5037. It is appropriate that we name the Mr. Speaker, I yield 5 minutes to the The SPEAKER pro tempore. Is there VA Medical Center in Muskogee for gentleman from Oklahoma, a gen- objection to the request of the gen- this American hero who not only tleman who cares very dearly about tleman from Indiana? served his country in wartime, but also veterans and a fellow Blue Dog, Con- There was no objection. continued his service to this Nation gressman DAN BOREN. f through his work in the Veterans Ad- Mr. BOREN. Mr. Speaker, I rise JACK C. MONTGOMERY DEPART- ministration. today in support of H.R. 3829. This bill MENT OF VETERANS AFFAIRS Mr. Montgomery is survived by his will designate the Department of Vet- MEDICAL CENTER wife, Joyce; and it is our hope to have erans Affairs Medical Center in my this legislation passed by the Senate hometown of Muskogee, Oklahoma, as Mr. BUYER. Mr. Speaker, I move to and signed by the President in a timely the Jack C. Montgomery Department suspend the rules and pass the bill manner. This legislation is cosponsored of Veterans Affairs Medical Center. Mr. (H.R. 3829) to designate the Depart- and supported by the entire Oklahoma Speaker, I think of very few other ment of Veterans Affairs Medical Cen- delegation and also has the support of Americans who deserve to have an ter in Muskogee, Oklahoma, as the the State’s major veterans service or- honor such as this bestowed upon Jack C. Montgomery Department of ganizations. them, and I am proud to sponsor this Veterans Affairs Medical Center. Mr. Speaker, I particularly would bill. The Clerk read as follows: like to thank my colleague, Mr. BOREN, Jack C. Montgomery is a true Amer- H.R. 3829 who represents the Second Congres- ican hero. His story of service to his Be it enacted by the Senate and House of Rep- sional District of Oklahoma, for intro- country begins while attending Bacone resentatives of the United States of America in ducing this most appropriate legisla- College in Muskogee. During this time, Congress assembled, tion. he felt the call to serve his country SECTION 1. JACK C. MONTGOMERY DEPARTMENT Mr. Speaker, I reserve the balance of during World War II, and enlisted in OF VETERANS AFFAIRS MEDICAL CENTER. my time. the 45th Division Thunderbirds of the (a) IN GENERAL.—The Department of Vet- Mr. MICHAUD. Mr. Speaker, I yield Oklahoma National Guard. erans Affairs medical center in Muskogee, myself such time as I may consume. Shortly thereafter, Lieutenant Mont- Oklahoma, shall after the date of the enact- Mr. Speaker, I would like to thank gomery found himself with members of ment of this Act be known and designated as Congressman DAN BOREN, who rep- the 45th near Padiglione, Italy on Feb- the ‘‘Jack C. Montgomery Department of resents the Second Congressional Dis- ruary 22, 1944. On this day, Lieutenant Veterans Affairs Medical Center’’. trict of Oklahoma, for his leadership in Montgomery’s rifle platoon came under (b) REFERENCES.—Any reference in any law, regulation, map, document, record, or introducing H.R. 3829. I would also like the fire of three echelons of enemy other paper of the United States to the med- to thank Chairman BUYER and Ranking forces. Under enemy fire, Jack Mont- ical center referred to in subsection (a) shall Member EVANS for helping to bring this gomery single-handedly attacked all be considered to be a reference to the Jack C. legislation to the floor. three enemy echelons. As a result of Montgomery Department of Veterans Affairs H.R. 3829 pays tribute to World War his courage, Lieutenant Montgomery’s Medical Center. II hero Jack C. Montgomery by desig- actions demoralized the enemy troops The SPEAKER pro tempore. Pursu- nating the Department of Veterans Af- and inspired his men to defeat and cap- ant to the rule, the gentleman from In- fairs Medical Center in Muskogee, ture 32 Axis troops.

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