II 

109TH CONGRESS 

2D SESSION S. 2779 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2006 

Mr. INHOFE (for himself and Mr. VITTER) introduced the following bill; which 

was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

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.

1 Be it enacted by the Senate and House of Representatives 

2 of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Respect for America’s 

5 Fallen Heroes Act’’. 


gechino on PROD1PC61 with BILLS
2 

•S 2779 IS 

1 SEC. 2. PROHIBITION ON CERTAIN DEMONSTRATIONS AT 

2 CEMETERIES UNDER THE CONTROL OF THE 

3 NATIONAL CEMETERY ADMINISTRATION AND 

4 AT ARLINGTON NATIONAL CEMETERY. 

5 (a) PROHIBITION.—Chapter 24 of title 38, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 2413. Prohibition on certain demonstrations at 

9 cemeteries under control of the National 

10 Cemetery Administration and at Arling11 ton National Cemetery 

12 ‘‘(a) PROHIBITION.—No person may carry out— 

13 ‘‘(1) a demonstration on the property of a cem14 etery under the control of the National Cemetery 

15 Administration or on the property of Arlington Na16 tional Cemetery unless the demonstration has been 

17 approved by the cemetery superintendent or the di18 rector of the property on which the cemetery is lo19 cated; or 

20 ‘‘(2) with respect to such a cemetery at which 

21 a funeral or memorial service or ceremony is to be 

22 held, a demonstration within 500 feet of that ceme23 tery that— 

24 ‘‘(A) is conducted during the period begin25 ning 60 minutes before and ending 60 minutes 


gechino on PROD1PC61 with BILLS
3 

•S 2779 IS 

1 after the funeral or memorial service or cere2 mony is held; and 

3 ‘‘(B) includes, as a part of such dem4 onstration, any individual willfully making or 

5 assisting in the making of any noise or diver6 sion that disturbs or tends to disturb the peace 

7 or good order of the funeral or memorial service 

8 or ceremony. 

9 ‘‘(b) DEMONSTRATION.—For purposes of this sec10 tion, the term ‘demonstration’ includes the following: 

11 ‘‘(1) Any picketing or similar conduct. 

12 ‘‘(2) Any oration, speech, use of sound amplifi13 cation equipment or device, or similar conduct before 

14 an assembled group of people that is not part of a 

15 funeral or memorial service or ceremony. 

16 ‘‘(3) The display of any placard, banner, flag, 

17 or similar device, unless such a display is part of a 

18 funeral or memorial service or ceremony. 

19 ‘‘(4) The distribution of any handbill, pamphlet, 

20 leaflet, or other written or printed matter other than 

21 a program distributed as part of a funeral or memo22 rial service or ceremony.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of such chapter is amended by adding 

25 at the end the following new item: 


gechino on PROD1PC61 with BILLS
4 

•S 2779 IS 

‘‘2413. Prohibition on demonstrations at cemeteries under control of National 

Cemetery Administration and at Arlington National Cemetery.’’. 

1 SEC. 3. PENALTY FOR VIOLATION OF PROHIBITION ON UN2 APPROVED DEMONSTRATIONS AT CEME3 TERIES UNDER THE CONTROL OF THE NA4 TIONAL CEMETERY ADMINISTRATION AND AT 

5 ARLINGTON NATIONAL CEMETERY. 

6 (a) PENALTY.—Chapter 67 of title 18, United States 

7 Code, is amended by adding at the end the following new 

8 section: 

9 ‘‘§ 1387. Demonstrations at cemeteries under the con10 trol of the National Cemetery Administra11 tion and at Arlington National Cemetery 

12 ‘‘Whoever violates section 2413 of title 38 shall be 

13 fined under this title, imprisoned for not more than one 

14 year, or both.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by adding 

17 at the end the following new item: 

‘‘1387. Demonstrations at cemeteries under the control of the National Cemetery Administration and at Arlington National Cemetery.’’. 


gechino on PROD1PC61 with BILLS
5 

•S 2779 IS 

1 SEC. 4. SENSE OF CONGRESS ON STATE RESTRICTION OF 

2 DEMONSTRATIONS NEAR MILITARY FUNER3 ALS. 

4 It is the sense of Congress that each State should 

5 enact legislation to restrict demonstrations near any mili6 tary funeral. 

Æ 


gechino on PROD1PC61 with BILLS