In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In H.R. 5037 · Received in Senate

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   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.

   Inserted: (a) Prohibition.--

   ([struck: a][inserted: 1]) [struck: Prohibition][inserted: 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 [inserted: 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[struck: at which ][inserted: , a demonstration during the period beginning 60 minutes before and ending 60 minutes after ]a funeral[struck: or ][inserted: , ]memorial service[inserted: ,] or ceremony is [struck: to be ]held, [struck: a demonstration within 500 feet ][inserted: any part ]of [struck: that cemetery that][inserted: which demonstration]--

   Struck: "(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

   Inserted: "(A)(i) takes place within 150 feet of a road, pathway, or other route of ingress to or egress from such cemetery property; and

   "([struck: B][inserted: ii]) includes, as [struck: 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[struck: or ][inserted: , ]memorial service[inserted: ,] or ceremony[struck: .][inserted: ; or]

   Inserted: "(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 [struck: before an assembled group of people ]that is not part of a funeral[struck: or ][inserted: , ]memorial service[inserted: ,] or ceremony.

   "(3) The display of any placard, banner, flag, or similar device, unless such a display is part of a funeral[struck: or ][inserted: , ]memorial service[inserted: ,] 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[struck: or ][inserted: , ]memorial service[inserted: ,] or ceremony.".

   ([struck: b][inserted: 2]) Clerical [struck: Amendment][inserted: amendment].--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

   "2413.[struck: ][inserted: ]Prohibition on [inserted: certain ]demonstrations at cemeteries under control of National Cemetery Administration and at Arlington National Cemetery.".

   Inserted: (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 [inserted: 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.[struck: ][inserted: ]Demonstrations at cemeteries under the control of [inserted: 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.

   Struck: Passed the House of Representatives May 9, 2006.

   Original wording

   Strike all after the enacting clause and insert the following:

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As printed