In the Senate of the United States,
May 24, 2006.
Resolved, That the bill from the House of Representa-
tives (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 Ad-
ministration and at Arlington National Cemetery, and for
other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Respect for America’s
Fallen Heroes Act’’.
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HR 5037 EAS
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 fol-
lowing new section:
‘‘§ 2413. Prohibition on certain demonstrations at
cemeteries under control of the National
Cemetery Administration and at Arling-
ton National Cemetery
‘‘(a) PROHIBITION.—No person may carry out—
‘‘(1) a demonstration on the property of a ceme-
tery under the control of the National Cemetery Ad-
ministration 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 dem-
onstration during the period beginning 60 minutes
before and ending 60 minutes after a funeral, memo-
rial service, or ceremony is held, any part of which
demonstration—
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HR 5037 EAS
‘‘(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 demonstra-
tion, any individual willfully making or assist-
ing 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 cere-
mony; or
‘‘(B) is within 300 feet of such cemetery
and impedes the access to or egress from such
cemetery.
‘‘(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 amplifi-
cation 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 fu-
neral, 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.’’.
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HR 5037 EAS
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 Na-
tional 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 con-
duct that is not specifically covered by section 2413 of such
title (as so added).
SEC. 3. PENALTY FOR VIOLATION OF PROHIBITION ON UN-
APPROVED 
DEMONSTRATIONS 
AT 
CEME-
TERIES UNDER THE CONTROL OF THE NA-
TIONAL 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:
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HR 5037 EAS
‘‘§ 1387. Demonstrations at cemeteries under the con-
trol of the National Cemetery Administra-
tion 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.’’.
(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 FUNER-
ALS.
It is the sense of Congress that each State should enact
legislation to restrict demonstrations near any military fu-
neral.
Attest:
Secretary.