Congressional Issues—
New Bill to Protect All Military Funerals
By Lt. Col. Mark H. Wiggins, USA Ret.
VP for Communications & Public Affairs

Senate Bill S.4042: A bill to amend title 18, United States Code, to prohibit disruptions of funerals of members or former members of the Armed Forces. (U.S. Code of Laws Title 18: Crimes and Criminal Procedure>Part I-Crimes>Chapter 67- Military and Navy).

In the wee hours before recess December 9, the Congress passed a new bill (S.4042) which prohibits protests or disruptions of funerals and memorial services for all deceased military or veterans at any location.  It also prescribes some limits for these protests such as one hour before and after the service; no activity within the boundaries of the cemetery, church, mortuary; and no activity within150 feet from roads and 300 feet from boundaries.   

A bill passed earlier in the year (now Public Law 109-228), prohibited those actions only at national cemeteries and Arlington.   This recent bill most definitely covers all funeral services and thus it is a major victory for military families who have complained about certain groups using military funerals as an opportunity to protest.  After Senate and House approval on December 9, the bill was presented to the President December 20 for signature.  Once signed, all military funerals anywhere will be protected and violations or challenges in the court system would then be a federal case.