Respect for America's Fallen Heroes Act
PL 109-228 (H.R.5037), enacted 05/29/2006

120 STAT. 387
PUBLIC LAW 109–228—MAY 29, 2006
Public Law 109–228
109th Congress
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.
Respect for
America’s Fallen
Heroes Act.
38 USC 101 note.
May 29, 2006
[H.R. 5037]
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120 STAT. 388
PUBLIC LAW 109–228—MAY 29, 2006
‘‘(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.’’.
38 USC 2413
note.
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120 STAT. 389
PUBLIC LAW 109–228—MAY 29, 2006
LEGISLATIVE HISTORY—H.R. 5037:
CONGRESSIONAL RECORD, Vol. 152 (2006):
May 9, considered and passed House.
May 24, considered and passed Senate, amended. House concurred in Senate
amendment.
(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.
Approved May 29, 2006.
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