In the Senate of the United States,

May 24, 2006.

Resolved, That the bill from the House of Representatives (H.R. 5037) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

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

3 Fallen Heroes Act’’.
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HR 5037 EAS

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.—

6 (1) IN GENERAL.—Chapter 24 of title 38, United

7 States Code, is amended by adding at the end the fol8 lowing new section:

9 ‘‘§ 2413. Prohibition on certain demonstrations at

10 cemeteries under control of the National

11 Cemetery Administration and at Arling12 ton National Cemetery

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

14 ‘‘(1) a demonstration on the property of a ceme15 tery under the control of the National Cemetery Ad16 ministration or on the property of Arlington National

17 Cemetery unless the demonstration has been approved

18 by the cemetery superintendent or the director of the

19 property on which the cemetery is located; or

20 ‘‘(2) with respect to such a cemetery, a dem21 onstration during the period beginning 60 minutes

22 before and ending 60 minutes after a funeral, memo23 rial service, or ceremony is held, any part of which

24 demonstration—
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HR 5037 EAS

1 ‘‘(A)(i) takes place within 150 feet of a

2 road, pathway, or other route of ingress to or

3 egress from such cemetery property; and

4 ‘‘(ii) includes, as part of such demonstra5 tion, any individual willfully making or assist6 ing in the making of any noise or diversion that

7 disturbs or tends to disturb the peace or good

8 order of the funeral, memorial service, or cere9 mony; or

10 ‘‘(B) is within 300 feet of such cemetery

11 and impedes the access to or egress from such

12 cemetery.

13 ‘‘(b) DEMONSTRATION.—For purposes of this section,

14 the term ‘demonstration’ includes the following:

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

16 ‘‘(2) Any oration, speech, use of sound amplifi17 cation equipment or device, or similar conduct that is

18 not part of a funeral, memorial service, or ceremony.

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

20 similar device, unless such a display is part of a fu21 neral, memorial service, or ceremony.

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

23 leaflet, or other written or printed matter other than

24 a program distributed as part of a funeral, memorial

25 service, or ceremony.’’.
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HR 5037 EAS

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended by

3 adding at the end the following new item:

‘‘2413. Prohibition on certain demonstrations at cemeteries under control of National Cemetery Administration and at Arlington National

Cemetery.’’.

4 (b) CONSTRUCTION.—Nothing in section 2413 of title

5 38, United States Code (as amended by subsection (a)),

6 shall be construed as limiting the authority of the Secretary

7 of Veterans Affairs, with respect to property under control

8 of the National Cemetery Administration, or the Secretary

9 of the Army, with respect to Arlington National Cemetery,

10 to issue or enforce regulations that prohibit or restrict con11 duct that is not specifically covered by section 2413 of such

12 title (as so added).

13 SEC. 3. PENALTY FOR VIOLATION OF PROHIBITION ON UN14 APPROVED DEMONSTRATIONS AT CEME15 TERIES UNDER THE CONTROL OF THE NA16 TIONAL CEMETERY ADMINISTRATION AND AT

17 ARLINGTON NATIONAL CEMETERY.

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

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

20 section:
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HR 5037 EAS

1 ‘‘§ 1387. Demonstrations at cemeteries under the con2 trol of the National Cemetery Administra3 tion and at Arlington National Cemetery

4 ‘‘Whoever violates section 2413 of title 38 shall be fined

5 under this title, imprisoned for not more than one year,

6 or both.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections at

8 the beginning of such chapter is amended by adding at the

9 end the following new item:

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

Administration and at Arlington National Cemetery.’’.

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

11 DEMONSTRATIONS NEAR MILITARY FUNER12 ALS.

13 It is the sense of Congress that each State should enact

14 legislation to restrict demonstrations near any military fu15 neral.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 5037

AMENDMENT