A bill to amend title 18, United States Code, to prohibit disruptions of funerals of members or former members of the Armed Forces.
PL 109-464 (S.4042), enacted 12/22/2006

120 STAT. 3480
PUBLIC LAW 109–464—DEC. 22, 2006
Public Law 109–464
109th Congress
An Act
To amend title 18, United States Code, to prohibit disruptions of funerals of members
or former members of the Armed Forces.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. RESPECT FOR THE FUNERALS OF FALLEN HEROES.
(a) IN GENERAL.—Chapter 67 of title 18, United States Code,
is amended by adding at the end the following new section:
‘‘§ 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, it shall be unlawful for any person
to engage in an activity during the period beginning 60 minutes
before and ending 60 minutes after such funeral, any part of which
activity—
‘‘(1)(A) takes place within the boundaries of the location
of such funeral or takes place within 150 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 ingress to or
egress from the location of such funeral; 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 funeral with the intent of disturbing
the peace or good order of that funeral; or
‘‘(2)(A) is within 300 feet of the boundary of the location
of such funeral; and
‘‘(B) includes any individual willfully and without proper
authorization impeding the access to or egress from such loca-
tion with the intent to impede the access to or egress from
such location.
‘‘(b) PENALTY.—Any person who violates subsection (a) shall
be fined under this title, imprisoned for not more than 1 year,
or both.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘Armed Forces’ has the meaning given the
term in section 101 of title 10.
‘‘(2) The term ‘funeral of a member or former member
of the Armed Forces’ means any ceremony or memorial service
Dec. 22, 2006
[S. 4042]
VerDate 14-DEC-2004
12:05 Jul 13, 2007
Jkt 059194
PO 00003
Frm 00283
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.109
APPS06
PsN: PUBL003
120 STAT. 3481
PUBLIC LAW 109–464—DEC. 22, 2006
LEGISLATIVE HISTORY—S. 4042:
CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 7, considered and passed Senate.
Dec. 8, considered and passed House.
held in connection with the burial or cremation of a member
or former member of the Armed Forces.
‘‘(3) The term ‘boundary of the location’, with respect to
a funeral of a member or former member of the Armed Forces,
means—
‘‘(A) in the case of a funeral of a member or former
member of the Armed Forces that is held at a cemetery,
the property line of the cemetery;
‘‘(B) in the case of a funeral of a member or former
member of the Armed Forces that is held at a mortuary,
the property line of the mortuary;
‘‘(C) in the case of a funeral of a member or former
member of the Armed Forces that is held at a house of
worship, the property line of the house of worship; and
‘‘(D) in the case of a funeral of a member or former
member of the Armed Forces that is held at any other
kind of location, the reasonable property line of that loca-
tion.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 67 of such title is amended by inserting after
the item related to section 1387 the following new item:
‘‘1388. Prohibition on disruptions of funerals of members or former members of the
Armed Forces.’’.
Approved December 22, 2006.
VerDate 14-DEC-2004
12:05 Jul 13, 2007
Jkt 059194
PO 00003
Frm 00284
Fmt 6580
Sfmt 6580
E:\PUBLAW\PUBL003.109
APPS06
PsN: PUBL003