PUBLIC LAW 109–228—MAY 29, 2006 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.

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:

‘‘§ 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.

Respect for

America’s Fallen

Heroes Act.

38 USC 101 note.

May 29, 2006

[H.R. 5037]

120 STAT. 388 PUBLIC LAW 109–228—MAY 29, 2006

‘‘(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:

‘‘§ 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.’’.

38 USC 2413

note.

PUBLIC LAW 109–228—MAY 29, 2006 120 STAT. 389

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.

Æ

(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.