[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4042 Enrolled Bill (ENR)]

        S.4042

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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:

``Sec. 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 location 
    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 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 location.''.
    (b) Clerical Amendment.--The table of sections at the beginning 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.''.
    

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.