PRIA, Government Policy, Made Personal

Summary

Bans demonstrations on cemeteries run by the National Cemetery Administration and at Arlington unless the cemetery superintendent or the property director approves them. It also bans demonstrations that happen from 120 minutes before to 120 minutes after a funeral, memorial service, or ceremony if the protest is either inside the cemetery or near key entrances (within 300 feet of where the cemetery boundary meets a road, path, or other route) and includes willful noise or diversion meant to disturb the service, or if the protest is within 500 feet of the cemetery boundary and willfully blocks or tries to block people from getting in or out. People who break these rules can be fined under federal law, jailed for up to one year, or both. The United States can sue to stop violations, and so can private people harmed by the conduct, including surviving immediate family members; winners can get damages, court costs, and reasonable lawyer fees. A court can award $25,000 to $50,000 in statutory damages per violation. If the government wins a criminal case, the defendant cannot deny the key facts in later civil lawsuits. It is presumed (but can be disputed) that a violator acted willfully if they had no reasonable reason to think their actions would not disturb the service or block access. Definitions (one line each): Demonstration — includes picketing, speeches or amplified sound not part of the funeral, signs or banners, and handing out flyers other than the funeral program. Immediate family — defined by 18 U.S.C. 115.

Title 38, §2413

Veterans' Benefits, Source: USLM XML via OLRC

(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 a demonstration during the period beginning 120 minutes before and ending 120 minutes after a funeral, memorial service, or ceremony is held, any part of which demonstration—

(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—

(I)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; and

(II)with the intent of disturbing 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—

(I)willfully and without proper authorization impeding or tending to impede the access to or egress from such cemetery; and

(II)with the intent to impede the access to or egress from such cemetery.

(b)Penalty.—

Any person who violates subsection (a) shall be fined under title 18 or imprisoned for not more than one year, 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)In any action brought under subsection (c)(2), the Attorney General 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) 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.

(f)Definitions.—

In this section

(1)

(2)the term “immediate family” means, with respect to a person, the immediate family members of such person, as such term is defined in section 115 of title 18.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Pub. L. 112–154 amended section generally. Prior to amendment, section prohibited unapproved demonstrations at cemeteries under control of National Cemetery Administration and at Arlington National Cemetery that occurred during period beginning 60 minutes before and ending 60 minutes after a funeral, memorial service, or ceremony within 150 feet of a road, pathway, or other route of ingress to or egress from such cemetery property or within 300 feet of such cemetery and impeded the access to or egress from such cemetery.

Statutory Notes and Related Subsidiaries

Construction

Pub. L. 109–228, § 2(b), May 29, 2006, 120 Stat. 388, provided that: “Nothing in section 2413 of title 38, United States Code (as amended by subsection (a)), shall be construed as limiting the authority of the Secretary of Veterans Affairs, with respect to property under control of the National Cemetery Administration, or the Secretary of the Army, with respect to Arlington National Cemetery, to issue or enforce

Regulations

that prohibit or restrict conduct that is not specifically covered by section 2413 of such title (as so added).”

§2413 Prohibition on Certain Demonstrations and Disruptions at Cemeteries Under Control of the National Cemetery Administration and at Arlington National Cemetery