Text: H.R.5037 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-228 (05/29/2006)

 
[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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