Sanctity of Eternal Rest for Veterans Act of 2011 or SERVE Act of 2011 - Amends the federal criminal code concerning the prohibition on disruptions of funerals of members or former members of the Armed Forces to increase the period covered under such prohibition from one to two hours before and after a military funeral. Includes within such unlawful conduct any disturbance or disruption occurring within 500 feet of the residence of a surviving member of a deceased's immediate family. Provides civil remedies, including actual and statutory damages.
Makes identical changes under federal veterans' provisions concerning the prohibition on certain demonstrations and disruptions at national cemeteries, including Arlington National Cemetery.
[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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 112-116.
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