[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5037 Enrolled Bill (ENR)]


        H.R.5037

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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.--
        (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 the 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.