[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5037 Engrossed Amendment Senate (EAS)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                          May 24, 2006.
    Resolved, That the bill from the House of Representatives (H.R. 
5037) entitled ``An Act to amend titles 38 and 18, United States Code, 
to prohibit certain demonstrations at cemeteries under the control of 
the National Cemetery Administration and at Arlington National 
Cemetery, and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Respect for America's Fallen Heroes 
Act''.

SEC. 2. PROHIBITION ON CERTAIN DEMONSTRATIONS AT CEMETERIES UNDER THE 
              CONTROL OF THE NATIONAL CEMETERY ADMINISTRATION AND AT 
              ARLINGTON NATIONAL CEMETERY.

    (a) Prohibition.--
            (1) In general.--Chapter 24 of title 38, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2413. Prohibition on certain demonstrations at cemeteries under 
              control of the National Cemetery Administration and at 
              Arlington National Cemetery
    ``(a) Prohibition.--No person may carry out--
            ``(1) a demonstration on the property of a cemetery under 
        the control of the National Cemetery Administration or on the 
        property of Arlington National Cemetery unless the 
        demonstration has been approved by the cemetery superintendent 
        or the director of the property on which the cemetery is 
        located; or
            ``(2) with respect to such a cemetery, a demonstration 
        during the period beginning 60 minutes before and ending 60 
        minutes after a funeral, memorial service, or ceremony is held, 
        any part of which demonstration--
                    ``(A)(i) takes place within 150 feet of a road, 
                pathway, or other route of ingress to or egress from 
                such cemetery property; and
                    ``(ii) includes, as part of such demonstration, any 
                individual willfully making or assisting in the making 
                of any noise or diversion that disturbs or tends to 
                disturb the peace or good order of the funeral, 
                memorial service, or ceremony; or
                    ``(B) is within 300 feet of such cemetery and 
                impedes the access to or egress from such cemetery.
    ``(b) Demonstration.--For purposes of this section, the term 
`demonstration' includes the following:
            ``(1) Any picketing or similar conduct.
            ``(2) Any oration, speech, use of sound amplification 
        equipment or device, or similar conduct that is not part of a 
        funeral, memorial service, or ceremony.
            ``(3) The display of any placard, banner, flag, or similar 
        device, unless such a display is part of a funeral, memorial 
        service, or ceremony.
            ``(4) The distribution of any handbill, pamphlet, leaflet, 
        or other written or printed matter other than a program 
        distributed as part of a funeral, memorial service, or 
        ceremony.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2413. Prohibition on certain demonstrations at cemeteries under 
                            control of National Cemetery Administration 
                            and at Arlington National Cemetery.''.
    (b) Construction.--Nothing in section 2413 of title 38, United 
States Code (as amended by subsection (a)), shall be construed as 
limiting the authority of the Secretary of Veterans Affairs, with 
respect to property under control of the National Cemetery 
Administration, or the Secretary of the Army, with respect to Arlington 
National Cemetery, to issue or enforce regulations that prohibit or 
restrict conduct that is not specifically covered by section 2413 of 
such title (as so added).

SEC. 3. PENALTY FOR VIOLATION OF PROHIBITION ON UNAPPROVED 
              DEMONSTRATIONS AT CEMETERIES UNDER THE CONTROL OF THE 
              NATIONAL CEMETERY ADMINISTRATION AND AT ARLINGTON 
              NATIONAL CEMETERY.

    (a) Penalty.--Chapter 67 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1387. Demonstrations at cemeteries under the control of the 
              National Cemetery Administration and at Arlington 
              National Cemetery
    ``Whoever violates section 2413 of title 38 shall be fined under 
this title, imprisoned for not more than one year, or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1387. Demonstrations at cemeteries under the control of the National 
                            Cemetery Administration and at Arlington 
                            National Cemetery.''.

SEC. 4. SENSE OF CONGRESS ON STATE RESTRICTION OF DEMONSTRATIONS NEAR 
              MILITARY FUNERALS.

    It is the sense of Congress that each State should enact 
legislation to restrict demonstrations near any military funeral.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                               H. R. 5037

_______________________________________________________________________

                               AMENDMENT