[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.