[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5037 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 5037

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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.--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 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 at which a funeral or 
        memorial service or ceremony is to be held, a demonstration 
        within 500 feet of that cemetery that--
                    ``(A) is conducted during the period beginning 60 
                minutes before and ending 60 minutes after the funeral 
                or memorial service or ceremony is held; and
                    ``(B) includes, as a part of such demonstration, 
                any individual willfully making or assisting in the 
                making of any noise or diversion that disturbs or tends 
                to disturb the peace or good order of the funeral or 
                memorial service or ceremony.
    ``(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 before an assembled 
        group of people that is not part of a funeral or memorial 
        service or ceremony.
            ``(3) The display of any placard, banner, flag, or similar 
        device, unless such a display is part of a funeral or 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 or memorial service or 
        ceremony.''.
    (b) 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 demonstrations at cemeteries under control of 
                            National Cemetery Administration and at 
                            Arlington National Cemetery.''.

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 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 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.

            Passed the House of Representatives May 9, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 5037

_______________________________________________________________________

                                 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.