[Congressional Record (Bound Edition), Volume 152 (2006), Part 18]
[Senate]
[Pages 23047-23048]
[From the U.S. Government Publishing Office, www.gpo.gov]




PROHIBITING DISRUPTIONS OF FUNERALS OF MEMBERS OR FORMER MEMBERS OF THE 
                              ARMED FORCES

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on the Judiciary be discharged from further consideration of 
S. 4042 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 4042) to amend title 18, United States Code, to 
     prohibit disruptions of funerals of members or former members 
     of the Armed Forces.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the bill be read the 
third time and passed, the motion to reconsider be laid upon the table, 
and any statements relating to the measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 4042) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 4042

       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.''.

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