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 CEME-
TERY. 
(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 Adminis-
tration 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 dem-
onstration 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 indi-
vidual 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 equip-
ment 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 distrib-
uted 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 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 Adminis-
tration, 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 CON-
TROL 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 begin-
ning 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 DEMONSTRA-
TIONS NEAR MILITARY FUNERALS. 
It is the sense of Congress that each State should enact legisla-
tion to restrict demonstrations near any military funeral.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.