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: 

‘‘§ 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. 
H. R. 5037—2

‘‘(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.’’. 
H. R. 5037—3

(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.