109TH CONGRESS

2D SESSION S. 4042

AN ACT

To amend title 18, United States Code, to prohibit disruptions of funerals of members or former members of the

Armed Forces.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. RESPECT FOR THE FUNERALS OF FALLEN HE2 ROES.

3 (a) IN GENERAL.—Chapter 67 of title 18, United

4 States Code, is amended by adding at the end the fol5 lowing new section:

6 ‘‘§ 1388. Prohibition on disruptions of funerals of

7 members or former members of the

8 Armed Forces

9 ‘‘(a) PROHIBITION.—For any funeral of a member or

10 former member of the Armed Forces that is not located

11 at a cemetery under the control of the National Cemetery

12 Administration or part of Arlington National Cemetery,

13 it shall be unlawful for any person to engage in an activity

14 during the period beginning 60 minutes before and ending

15 60 minutes after such funeral, any part of which

16 activity—

17 ‘‘(1)(A) takes place within the boundaries of the

18 location of such funeral or takes place within 150

19 feet of the point of the intersection between—

20 ‘‘(i) the boundary of the location of such

21 funeral; and

22 ‘‘(ii) a road, pathway, or other route of in23 gress to or egress from the location of such fu24 neral; and

25 ‘‘(B) includes any individual willfully making or

26 assisting in the making of any noise or diversion
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1 that is not part of such funeral and that disturbs or

2 tends to disturb the peace or good order of such fu3 neral with the intent of disturbing the peace or good

4 order of that funeral; or

5 ‘‘(2)(A) is within 300 feet of the boundary of

6 the location of such funeral; and

7 ‘‘(B) includes any individual willfully and with8 out proper authorization impeding the access to or

9 egress from such location with the intent to impede

10 the access to or egress from such location.

11 ‘‘(b) PENALTY.—Any person who violates subsection

12 (a) shall be fined under this title, imprisoned for not more

13 than 1 year, or both.

14 ‘‘(c) DEFINITIONS.—In this section:

15 ‘‘(1) The term ‘Armed Forces’ has the meaning

16 given the term in section 101 of title 10.

17 ‘‘(2) The term ‘funeral of a member or former

18 member of the Armed Forces’ means any ceremony

19 or memorial service held in connection with the bur20 ial or cremation of a member or former member of

21 the Armed Forces.

22 ‘‘(3) The term ‘boundary of the location’, with

23 respect to a funeral of a member or former member

24 of the Armed Forces, means—
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1 ‘‘(A) in the case of a funeral of a member

2 or former member of the Armed Forces that is

3 held at a cemetery, the property line of the

4 cemetery;

5 ‘‘(B) in the case of a funeral of a member

6 or former member of the Armed Forces that is

7 held at a mortuary, the property line of the

8 mortuary;

9 ‘‘(C) in the case of a funeral of a member

10 or former member of the Armed Forces that is

11 held at a house of worship, the property line of

12 the house of worship; and

13 ‘‘(D) in the case of a funeral of a member

14 or former member of the Armed Forces that is

15 held at any other kind of location, the reason16 able property line of that location.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of chapter 67 of such title is amended

19 by inserting after the item related to section 1387 the fol20 lowing new item:
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‘‘1388. Prohibition on disruptions of funerals of members or former members

of the Armed Forces.’’.

Passed the Senate December 7, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 4042

AN ACT

To amend title 18, United States Code, to prohibit

members of the Armed Forces.disruptions of funerals of members or former