II 

109TH CONGRESS 

2D SESSION H. R. 5037 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2006 

Received 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

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

3 Fallen Heroes Act’’. 

4 SEC. 2. PROHIBITION ON CERTAIN DEMONSTRATIONS AT 

5 CEMETERIES UNDER THE CONTROL OF THE 

6 NATIONAL CEMETERY ADMINISTRATION AND 

7 AT ARLINGTON NATIONAL CEMETERY. 

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

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 2413. Prohibition on certain demonstrations at 

12 cemeteries under control of National 

13 Cemetery Administration and at Arling14 ton National Cemetery 

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

16 ‘‘(1) a demonstration on the property of a cem17 etery under the control of the National Cemetery 

18 Administration or on the property of Arlington Na19 tional Cemetery unless the demonstration has been 

20 approved by the cemetery superintendent or the di21 rector of the property on which the cemetery is lo22 cated; or 

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

24 a funeral or memorial service or ceremony is to be 

25 held, a demonstration within 500 feet of that ceme26 tery that— 


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HR 5037 RDS 

1 ‘‘(A) is conducted during the period begin2 ning 60 minutes before and ending 60 minutes 

3 after the funeral or memorial service or cere4 mony is held; and 

5 ‘‘(B) includes, as a part of such dem6 onstration, any individual willfully making or 

7 assisting in the making of any noise or diver8 sion that disturbs or tends to disturb the peace 

9 or good order of the funeral or memorial service 

10 or ceremony. 

11 ‘‘(b) DEMONSTRATION.—For purposes of this sec12 tion, the term ‘demonstration’ includes the following: 

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

14 ‘‘(2) Any oration, speech, use of sound amplifi15 cation equipment or device, or similar conduct before 

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

17 funeral or memorial service or ceremony. 

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

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

20 funeral or memorial service or ceremony. 

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

22 leaflet, or other written or printed matter other than 

23 a program distributed as part of a funeral or memo24 rial service or ceremony.’’. 


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

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

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

Cemetery Administration and at Arlington National Cemetery.’’. 

4 SEC. 3. PENALTY FOR VIOLATION OF PROHIBITION ON UN5 APPROVED DEMONSTRATIONS AT CEME6 TERIES UNDER THE CONTROL OF THE NA7 TIONAL CEMETERY ADMINISTRATION AND AT 

8 ARLINGTON NATIONAL CEMETERY. 

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

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

11 section: 

12 ‘‘§ 1387. Demonstrations at cemeteries under the con13 trol of National Cemetery Administration 

14 and at Arlington National Cemetery 

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

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

17 year, or both.’’. 

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

19 at the beginning of such chapter is amended by adding 

20 at the end the following new item: 

‘‘1387. Demonstrations at cemeteries under the control of National Cemetery 

Administration and at Arlington National Cemetery.’’. 


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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. 

Passed the House of Representatives May 9, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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