I 

109TH CONGRESS 

2D SESSION H. R. 5037 

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 HOUSE OF REPRESENTATIVES 

MARCH 29, 2006 

Mr. ROGERS of Michigan (for himself, Mr. BUYER, Mr. MILLER of Florida, 

Mr. REYES, Mr. NEY, Mr. CHOCOLA, Mr. KENNEDY of Minnesota, Mr. 

WELLER, Mr. KILDEE, Mr. SHIMKUS, Mr. SODREL, Mr. HAYWORTH, Mr. 

WALDEN of Oregon, Mr. SIMMONS, Ms. BORDALLO, Mr. KLINE, Mr. 

GERLACH, Mr. MCCOTTER, Mr. SCHWARZ of Michigan, Mr. ROGERS of 

Alabama, Mr. BROWN of South Carolina, Mr. RYUN of Kansas, Mr. 

DAVIS of Kentucky, Mr. BISHOP of Georgia, Mrs. MUSGRAVE, Mr. 

KNOLLENBERG, Mr. EVANS, Mr. CHABOT, Mrs. MILLER of Michigan, 

Mr. BERRY, Mr. PORTER, Mr. REICHERT, Ms. CORRINE BROWN of Florida, Mr. STRICKLAND, Mr. ORTIZ, Mr. PLATTS, Mr. EDWARDS, Mr. BILIRAKIS, Mr. FILNER, Mr. KING of Iowa, Mr. CHANDLER, Mr. TANNER, 

Mr. HEFLEY, and Mr. HOSTETTLER) introduced the following bill; which 

was referred to the Committee on Veterans’ Affairs, and in addition to 

the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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. 


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•HR 5037 IH 

1 Be it enacted by the Senate and House of Representa2 tives 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’’. 

6 SEC. 2. PROHIBITION ON CERTAIN DEMONSTRATIONS AT 

7 CEMETERIES UNDER THE CONTROL OF THE 

8 NATIONAL CEMETERY ADMINISTRATION AND 

9 AT ARLINGTON NATIONAL CEMETERY. 

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

11 States Code, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘§ 2413. Prohibition on certain demonstrations at 

14 cemeteries under control of National 

15 Cemetery Administration and at Arling16 ton National Cemetery 

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

18 ‘‘(1) a demonstration on the property of a cem19 etery under the control of the National Cemetery 

20 Administration or on the property of Arlington Na21 tional Cemetery unless the demonstration has been 

22 approved by the cemetery superintendent or the di23 rector of the property on which the cemetery is lo24 cated; or 


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•HR 5037 IH 

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

2 a funeral or memorial service or ceremony is to be 

3 held, a demonstration within 500 feet of that ceme4 tery that— 

5 ‘‘(A) is conducted during the period begin6 ning 60 minutes before and ending 60 minutes 

7 after the funeral or memorial service or cere8 mony is held; and 

9 ‘‘(B) includes, as a part of such dem10 onstration, any individual willfully making or 

11 assisting in the making of any noise or diver12 sion that disturbs or tends to disturb the peace 

13 or good order of the funeral or memorial service 

14 or ceremony. 

15 ‘‘(b) DEMONSTRATION.—For purposes of this sec16 tion, the term ‘demonstration’ includes the following: 

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

18 ‘‘(2) Any oration, speech, use of sound amplifi19 cation equipment or device, or similar conduct before 

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

21 funeral or memorial service or ceremony. 

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

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

24 funeral or memorial service or ceremony. 


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

2 leaflet, or other written or printed matter other than 

3 a program distributed as part of a funeral or memo4 rial service or ceremony.’’. 

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

6 at the beginning of such chapter is amended by adding 

7 at the end the following new item: 

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

Cemetery Administration and at Arlington National Cemetery.’’. 

8 SEC. 3. PENALTY FOR VIOLATION OF PROHIBITION ON UN9 APPROVED DEMONSTRATIONS AT CEME10 TERIES UNDER THE CONTROL OF THE NA11 TIONAL CEMETERY ADMINISTRATION AND AT 

12 ARLINGTON NATIONAL CEMETERY. 

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

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

15 section: 

16 ‘‘§ 1387. Demonstrations at cemeteries under the con17 trol of National Cemetery Administration 

18 and at Arlington National Cemetery 

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

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

21 year, or both.’’. 

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

23 at the beginning of such chapter is amended by adding 

24 at the end the following new item: 


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

Administration and at Arlington National Cemetery.’’. 

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 


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