Respect for America's Fallen Heroes Act - Prohibits a person from carrying out a demonstration: (1) at a cemetery under the control of the National Cemetery Administration or at Arlington National Cemetery, unless the demonstration has been approved by the cemetery superintendent or director; or (2) within 500 feet of a cemetery at which a funeral or memorial service is to be held, for a period beginning 60 minutes before and ending 60 minutes after the funeral or service, if such demonstration includes any individual making noise or a diversion that disturbs the peace or good order of the funeral or service.
Amends the federal criminal code to provide criminal penalties for violations of such prohibitions.
Expresses the sense of Congress that each state should enact legislation to restrict demonstrations near any military funeral.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2779 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2779
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2006
Mr. Inhofe (for himself and Mr. Vitter) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
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 CEMETERY.
(a) Prohibition.--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 at which a funeral or
memorial service or ceremony is to be held, a demonstration
within 500 feet of that cemetery that--
``(A) is conducted during the period beginning 60
minutes before and ending 60 minutes after the funeral
or memorial service or ceremony is held; and
``(B) includes, as a 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 or
memorial service or ceremony.
``(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 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 memorial 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 Cemetery.''.
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.''.
(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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
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