[109th Congress Public Law 228]
[From the U.S. Government Printing Office]
[DOCID: f:publ228.109]
[[Page 120 STAT. 387]]
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. <<NOTE: May 29, 2006 - [H.R. 5037]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Respect for America's
Fallen Heroes Act. 38 USC 101 note.>> 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.--
(1) In general.--Chapter 24 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 2413. Prohibition on certain demonstrations at cemeteries under
control of the National Cemetery Administration
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 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 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
individual 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.
[[Page 120 STAT. 388]]
``(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
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 funeral, 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.''.
(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 National Cemetery Administration and at
Arlington National Cemetery.''.
(b) <<NOTE: 38 USC 2413 note.>> 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 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 CONTROL 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:
``Sec. 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.''.
[[Page 120 STAT. 389]]
(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 FUNERALS.
It is the sense of Congress that each State should enact legislation
to restrict demonstrations near any military funeral.
Approved May 29, 2006.
LEGISLATIVE HISTORY--H.R. 5037:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
May 9, considered and passed House.
May 24, considered and passed Senate, amended. House
concurred in Senate amendment.
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