[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session] [From the U.S. Government Publishing Office, www.gpo.gov] 120 STAT. 387 Public Law 109-228 109th Congress 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. NOTE: May 29, 2006 - [H.R. 5037] Be it enacted by the Senate and House of Representatives of the United States of America in Congress NOTE: Respect for America's Fallen Heroes Act. 38 USC 101 note. 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. [[Page 388]] 120 STAT. 388 ``(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) NOTE: 38 USC 2413 note. 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.''. [[Page 389]] 120 STAT. 389 (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. Approved May 29, 2006. LEGISLATIVE HISTORY--H.R. 5037: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 152 (2006): May 9, considered and passed House. May 24, considered and passed Senate, amended. House concurred in Senate amendment.