[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 815 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 815

  To guarantee that military funerals are conducted with dignity and 
                                respect.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2011

     Ms. Snowe (for herself, Mr. Conrad, Mr. Kirk, Mr. Pryor, Mrs. 
  Gillibrand, Mr. Coats, Mr. Rubio, Mrs. Hutchison, Mr. Johanns, Mr. 
   Hoeven, Mr. Cardin, Mrs. Shaheen, Mr. Reid, and Mr. Rockefeller) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To guarantee that military funerals are conducted with dignity and 
                                respect.

    Be it enacted by the Senate and House of Representatives 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 retention 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 members 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 powers under the Constitution, 
article I, section 8, paragraphs 1, 12, 13, 14, 16 and 18, to provide 
for the common defense, 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 governing such part of the 
militia as may be employed in the service of the United States.

SEC. 3. AMEND TO TITLE 18.

    Section 1388 of title 18, United States Code is amended to read as 
follows:
``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 120 minutes before and ending 120 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 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 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;
            ``(2)(A) is within 500 feet of the boundary of the location 
        of such funeral; and
            ``(B) includes any individual willfully and without proper 
        authorization impeding or tending to impede the access to or 
        egress from such location or disrupting or tending to disrupt a 
        funeral procession; or
            ``(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 includes 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 General may institute 
        proceedings under this section.
            ``(3) Claims.--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 
                jurisdiction; and
                    ``(B) recover damages as provided in subsection (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 criminal 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 section is liable in an 
        action under subsection (c) for actual or statutory damages as 
        provided in this subsection.
            ``(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 recover the actual damages 
        suffered by him or her as a result of the violation or, instead 
        of actual damages, an award of statutory damages for each 
        violation 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 damages in a sum of not less than 
        $25,000 or more than $50,000 per violation.
    ``(e) Rebuttable Presumption.--It shall be a rebuttable presumption 
that the violation was committed willfully for purposes of determining 
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 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 disrupt to a funeral procession, or disturb or tend to 
disturb the peace of any surviving member of the deceased person's 
immediate family who may be found at the residence, home or domicile of 
the deceased person's immediate 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 includes members and former 
        members of the National 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:
``Sec. 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 person--
            ``(1) to carry out 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; or
            ``(2) with respect to such a cemetery, to engage in an 
        activity during the period beginning 120 minutes 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 making or 
                assisting in the making of any noise or diversion that 
                is not part of such funeral, memorial 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 tending 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 relief 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 jurisdiction; and
            ``(B) recover damages as provided in subsection (d) and the 
        cost of the suit, including reasonable attorneys' fees.
    ``(4) A final judgment or decree rendered in favor of the United 
States in any criminal 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 addition to any penalty 
imposed under subsection (b), a violator of this section is liable in 
an action under subsection (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 rendered, to recover the 
actual damages suffered by him or her as a result of the violation or, 
instead of actual damages, 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 rebuttable presumption 
that the violation of subsection (a)(2) was committed willfully for 
purposes of determining 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 conduct 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 ceremony; or
            ``(3) disrupt or tend to disrupt a funeral procession.
    ``(f) Definitions.--In this section--
            ``(1) the term `demonstration' includes--
                    ``(A) any picketing or similar conduct;
                    ``(B) any oration, speech, use of sound 
                amplification equipment or device, or similar conduct 
                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 ceremony; and
                    ``(D) the distribution of any handbill, pamphlet, 
                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.''.
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