Respect for America's Fallen Heroes Act
Latest Action
Became Public Law No: 109-228.
Official Summary
(This measure has not been amended since it was passed by the Senate on May 24, 2006. The summary of that version is repeated here.) Respect for America's Fallen Heroes Act - Prohibits 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. Prohibits, 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: (1) takes place within 150 feet of a road, pathway, or other route of ingress to or egress from such cemetery property and 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 (2) is within 300 feet of such cemetery and impedes the access to or egress from such cemetery. 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.
GovScope Watchdog™
AI Government Intelligence™The Respect for America's Fallen Heroes Act prohibits demonstrations on the property of cemeteries controlled by the National Cemetery Administration or Arlington National Cemetery without prior approval from the cemetery superintendent or property director. It restricts demonstrations within specific distances and timeframes around funerals, memorial services, or ceremonies to prevent disturbances or impediments to access. The bill establishes criminal penalties for violations and encourages states to enact similar restrictions near military funerals.
This law restricts protests near national cemeteries during funerals and memorials to protect the peace and access, with criminal penalties for violations.
- Demonstrations on National Cemetery Administration or Arlington National Cemetery property require prior approval.
- Prohibits demonstrations within 150 feet of cemetery ingress/egress routes that disturb funerals or memorials from 60 minutes before to 60 minutes after the event.
- Prohibits demonstrations within 300 feet of such cemeteries that impede access or egress during the same timeframe.
- Violations of these prohibitions are subject to criminal penalties under federal law.
- The bill expresses a congressional sense that states should enact similar restrictions near military funerals.
['Families and attendees of funerals, memorial services, and ceremonies at national cemeteries', 'National Cemetery Administration and Arlington National Cemetery management', 'Military service members and veterans honored at these cemeteries']
['Implementation challenges in defining and enforcing the specific distances and timeframes for demonstrations', 'Potential costs related to enforcement and prosecution of violations', 'Authority delegated to cemetery superintendents or property directors to approve demonstrations', 'Balancing restrictions on demonstrations with constitutional rights to free speech and assembly', 'Lack of detailed guidance on coordination with state laws or enforcement mechanisms']
The bill was passed by the Senate on May 24, 2006, and signed into law on May 29, 2006, during the 109th Congress. It addresses concerns about protests near military funerals and national cemeteries, reflecting congressional intent to protect the dignity of such events. The law also encourages states to adopt similar measures, indicating a federal-state policy coordination approach.
Hidden impact flags detected: 2
GovScope reviewed 2 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.
['Possible reduction in protests and demonstrations near national cemeteries during funerals, potentially leading to fewer conflicts or disturbances.', 'Encouragement for states to enact similar laws may lead to broader restrictions on demonstrations near military funerals nationwide.', 'Increased administrative responsibilities for cemetery officials in managing demonstration approvals and enforcement.']
The bill establishes criminal penalties and delegates approval authority to cemetery officials, which requires clear oversight to ensure consistent and fair application. Transparency around the criteria for approving demonstrations and enforcement actions would be important to monitor. Additionally, the interaction between federal restrictions and state laws encouraged by the bill warrants attention to avoid conflicting regulations.
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