109TH CONGRESS 
2D SESSION 
H. R. 5037
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 Arling-
ton National Cemetery, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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.—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 National 
Cemetery Administration and at Arling-
ton National Cemetery 
‘‘(a) PROHIBITION.—No person may carry out—
‘‘(1) a demonstration on the property of a cem-
etery under the control of the National Cemetery 
Administration or on the property of Arlington Na-
tional Cemetery unless the demonstration has been 
approved by the cemetery superintendent or the di-
rector of the property on which the cemetery is lo-
cated; or 
‘‘(2) with respect to such a cemetery at which 
a funeral or memorial service or ceremony is to be 
held, a demonstration within 500 feet of that ceme-
tery that—
‘‘(A) is conducted during the period begin-
ning 60 minutes before and ending 60 minutes 
after the funeral or memorial service or cere-
mony is held; and 
‘‘(B) includes, as a part of such dem-
onstration, any individual willfully making or 
assisting in the making of any noise or diver-
sion that disturbs or tends to disturb the peace 
or good order of the funeral or memorial service 
or ceremony. 
‘‘(b) DEMONSTRATION.—For purposes of this sec-
tion, 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 before 
an assembled group of people that is not part of a 
funeral or memorial service or ceremony. 
‘‘(3) The display of any placard, banner, flag, 
or similar device, unless such a display is part of a 
funeral or 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 or memo-
rial service or ceremony.’’.
(b) 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 demonstrations at cemeteries under control of National 
Cemetery Administration and at Arlington National Ceme-
tery.’’.
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: 
‘‘§ 1387. Demonstrations at cemeteries under the con-
trol of 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.’’. 
(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 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 mili-
tary funeral.
Passed the House of Representatives May 9, 2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 5037
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.