I 
112TH CONGRESS 
1ST SESSION H. R. 1591 
To guarantee that military funerals are conducted with dignity and respect. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2011 
Mr. BASS of New Hampshire (for himself and Mr. MATHESON) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Veterans’ Affairs and Armed Services, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To guarantee that military funerals are conducted with 
dignity and respect. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sanctity of Eternal 
Rest for Veterans Act of 2011’’ or the ‘‘SERVE Act of 
2011’’. 
SEC. 2. PURPOSE AND AUTHORITY. 
(a) PURPOSE.—The purpose of this Act is to provide 
necessary and proper support for the recruitment and re-
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tention of the Armed Forces and militia employed in the 
service of the United States by protecting the dignity of 
the service of the members of such Forces and militia, and 
by protecting the privacy of their immediate family mem-
bers and other attendees during funeral services for such 
members. 
(b) CONSTITUTIONAL AUTHORITY.—Congress finds 
that this Act is a necessary and proper exercise of its pow-
ers under the Constitution, article I, section 8, paragraphs 
1, 12, 13, 14, 16 and 18, to provide for the common de-
fense, raise and support armies, provide and maintain a 
navy, make rules for the government and regulation of the 
land and naval forces, and provide for organizing and gov-
erning such part of the militia as may be employed in the 
service of the United States. 
SEC. 3. AMENDMENT TO TITLE 18. 
Section 1388 of title 18, United States Code is 
amended to read as follows: 
‘‘§ 1388. Prohibition on disruptions of funerals of 
members or former members of the 
armed forces 
‘‘(a) PROHIBITION.—For any funeral of a member or 
former member of the Armed Forces that is not located 
at a cemetery under the control of the National Cemetery 
Administration or part of Arlington National Cemetery, 
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it shall be unlawful for any person to engage in an activity 
during the period beginning 120 minutes before and end-
ing 120 minutes after such funeral, any part of which ac-
tivity— 
‘‘(1)(A) takes place within the boundaries of the 
location of such funeral or takes place within 300 
feet of the point of the intersection between— 
‘‘(i) the boundary of the location of such 
funeral; and 
‘‘(ii) a road, pathway, or other route of in-
gress to or egress from the location of such fu-
neral; and 
‘‘(B) includes any individual willfully making or 
assisting in the making of any noise or diversion 
that is not part of such funeral and that disturbs or 
tends to disturb the peace or good order of such fu-
neral; 
‘‘(2)(A) is within 500 feet of the boundary of 
the location of such funeral; and 
‘‘(B) includes any individual willfully and with-
out proper authorization impeding or tending to im-
pede the access to or egress from such location or 
disrupting or tending to disrupt a funeral proces-
sion; or 
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‘‘(3) is within 500 feet of the boundary of the 
residence, home or domicile of any surviving member 
of the deceased person’s immediate family and in-
cludes any individual willfully making or assisting in 
the making of any noise or diversion that disturbs 
or tends to disturb the peace of the persons located 
at such location. 
‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be fined under this title or imprisoned not more 
than 2 years, or both. 
‘‘(c) CIVIL REMEDIES.— 
‘‘(1) DISTRICT COURTS.—The district courts of 
the United States shall have jurisdiction— 
‘‘(A) to prevent and restrain violations of 
this section; and 
‘‘(B) for the adjudication of any claims for 
relief under this section. 
‘‘(2) ATTORNEY GENERAL.—The Attorney Gen-
eral may institute proceedings under this section. 
‘‘(3) CLAIMS.—Any person, including a sur-
viving member of the deceased person’s immediate 
family, who suffers injury as a result of conduct that 
violates this section may— 
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‘‘(A) sue therefor in any appropriate 
United States district court or in any court of 
competent jurisdiction; and 
‘‘(B) recover damages as provided in sub-
section (d) and the cost of the suit, including 
reasonable attorneys’ fees. 
‘‘(4) ESTOPPEL.—A final judgment or decree 
rendered in favor of the United States in any crimi-
nal proceeding brought by the United States under 
this section shall estop the defendant from denying 
the essential allegations of the criminal offense in 
any subsequent civil proceeding brought by a person 
or by the United States. 
‘‘(d) ACTUAL AND STATUTORY DAMAGES.— 
‘‘(1) IN GENERAL.—In addition to any penalty 
imposed under subsection (b), a violator of this sec-
tion is liable in an action under subsection (c) for 
actual or statutory damages as provided in this sub-
section. 
‘‘(2) ACTIONS BY PRIVATE PERSONS.—A person 
bringing an action under subsection (c)(3) may elect, 
at any time before final judgment is rendered, to re-
cover the actual damages suffered by him or her as 
a result of the violation or, instead of actual dam-
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ages, an award of statutory damages for each viola-
tion involved in the action. 
‘‘(3) ACTIONS BY ATTORNEY GENERAL.—The 
Attorney General under subsection (c)(2) is entitled 
to recover an award of statutory damages for each 
violation involved in the action notwithstanding any 
recovery under subsection (c)(3). 
‘‘(4) STATUTORY
DAMAGES.—A court may 
award, as the court considers just, statutory dam-
ages in a sum of not less than $25,000 or more than 
$50,000 per violation. 
‘‘(e) REBUTTABLE PRESUMPTION.—It shall be a re-
buttable presumption that the violation was committed 
willfully for purposes of determining relief under this sec-
tion if the violator, or a person acting in concert with the 
violator, did not have reasonable grounds to believe, either 
from the attention or publicity sought by the violator or 
other circumstance, that the conduct of such violator or 
person would not disturb or tend to disturb the peace or 
good order of such funeral, impede or tend to impede the 
access to or egress from such funeral, disrupt or tend to 
disrupt to a funeral procession, or disturb or tend to dis-
turb the peace of any surviving member of the deceased 
person‘s immediate family who may be found at the resi-
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dence, home or domicile of the deceased person’s imme-
diate family on the date of the service or ceremony. 
‘‘(f) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Armed Forces’ has the meaning 
given the term in section 101 of title 10 and in-
cludes members and former members of the Na-
tional Guard who were employed in the service of 
the United States; and 
‘‘(2) the term ‘immediate family’ shall have the 
same meaning given such term in section 115 of this 
title.’’. 
SEC. 4. AMENDMENT TO TITLE 38. 
(a) IN GENERAL.—Section 2413 of title 38, United 
States Code, is amended to read as follows: 
‘‘§ 2413. Prohibition on certain demonstrations and 
disruptions at cemeteries under control 
of the National Cemetery Administration 
and at Arlington National Cemetery 
‘‘(a) PROHIBITION.—It shall be unlawful for any per-
son— 
‘‘(1) to carry out a demonstration on the prop-
erty of a cemetery under the control of the National 
Cemetery Administration or on the property of Ar-
lington National Cemetery unless the demonstration 
has been approved by the cemetery superintendent 
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or the director of the property on which the ceme-
tery is located; or 
‘‘(2) with respect to such a cemetery, to engage 
in an activity during the period beginning 120 min-
utes before and ending 120 minutes after a funeral, 
memorial service, or ceremony is held, any part of 
which activity— 
‘‘(A)(i) takes place within the boundaries 
of such cemetery or takes place within 300 feet 
of the point of the intersection between— 
‘‘(I) the boundary of such cemetery; 
and 
‘‘(II) a road, pathway, or other route 
of ingress to or egress from such cemetery; 
and 
‘‘(ii) includes any individual willfully mak-
ing or assisting in the making of any noise or 
diversion that is not part of such funeral, me-
morial service, or ceremony and that disturbs or 
tends to disturb the peace or good order of such 
funeral, memorial service, or ceremony; or 
‘‘(B)(i) is within 500 feet of the boundary 
of such cemetery; and 
‘‘(ii) includes any individual willfully and 
without proper authorization impeding or tend-
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ing to impede the access to or egress from such 
cemetery or disrupting or tending to disrupt a 
funeral procession. 
‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be fined under title 18 or imprisoned not more 
than 2 years, or both. 
‘‘(c) CIVIL REMEDIES.—(1) The district courts of the 
United States shall have jurisdiction— 
‘‘(A) to prevent and restrain violations of this 
section; and 
‘‘(B) for the adjudication of any claims for re-
lief under this section. 
‘‘(2) The Attorney General of the United States may 
institute proceedings under this section. 
‘‘(3) Any person, including a surviving member of the 
deceased person’s immediate family, who suffers injury as 
a result of conduct that violates this section may— 
‘‘(A) sue therefor in any appropriate United 
States district court or in any court of competent ju-
risdiction; and 
‘‘(B) recover damages as provided in subsection 
(d) and the cost of the suit, including reasonable at-
torneys’ fees. 
‘‘(4) A final judgment or decree rendered in favor of 
the United States in any criminal proceeding brought by 
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the United States under this section shall estop the de-
fendant from denying the essential allegations of the 
criminal offense in any subsequent civil proceeding 
brought by a person or by the United States. 
‘‘(d) ACTUAL AND STATUTORY DAMAGES.—(1) In 
addition to any penalty imposed under subsection (b), a 
violator of this section is liable in an action under sub-
section (c) for actual or statutory damages as provided 
in this subsection. 
‘‘(2) A person bringing an action under subsection 
(c)(3) may elect, at any time before final judgment is ren-
dered, to recover the actual damages suffered by him or 
her as a result of the violation or, instead of actual dam-
ages, an award of statutory damages for each violation 
involved in the action. 
‘‘(3) The Attorney General under subsection (c)(2) 
is entitled to recover an award of statutory damages for 
each violation involved in the action notwithstanding any 
recovery under subsection (c)(3). 
‘‘(4) A court may award, as the court considers just, 
statutory damages in a sum of not less than $25,000 or 
more than $50,000 per violation. 
‘‘(e) REBUTTABLE PRESUMPTION.—It shall be a re-
buttable presumption that the violation of subsection 
(a)(2) was committed willfully for purposes of determining 
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relief under this section if the violator, or a person acting 
in concert with the violator, did not have reasonable 
grounds to believe, either from the attention or publicity 
sought by the violator or other circumstance, that the con-
duct of such violator or person would not— 
‘‘(1) disturb or tend to disturb the peace or 
good order of such funeral, memorial service, or 
ceremony; or 
‘‘(2) impede or tend to impede the access to or 
egress from such funeral, memorial service, or cere-
mony; or 
‘‘(3) disrupt or tend to disrupt a funeral proces-
sion. 
‘‘(f) DEFINITIONS.—In this section— 
‘‘(1) the term ‘demonstration’ includes— 
‘‘(A) any picketing or similar conduct; 
‘‘(B) any oration, speech, use of sound am-
plification equipment or device, or similar con-
duct that is not part of a funeral, memorial 
service, or ceremony; 
‘‘(C) the display of any placard, banner, 
flag, or similar device, unless such a display is 
part of a funeral, memorial service, or cere-
mony; and 
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‘‘(D) the distribution of any handbill, pam-
phlet, leaflet, or other written or printed matter 
other than a program distributed as part of a 
funeral, memorial service, or ceremony; and 
‘‘(2) the term ‘immediate family’ shall have the 
same meaning given such term in section 115 of title 
18.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 24 of such title is amended 
by striking the item relating to section 2413 and inserting 
the following new item: 
‘‘2413. Prohibition on certain demonstrations and disruptions at cemeteries 
under control of the National Cemetery Administration and at 
Arlington National Cemetery.’’. 
Æ 
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