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38 U.S.C. § 2413 — Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-38/section-2413-prohibition-on-certain-demonstrations-and-disruptions-at-cemeteries-unde--14b1750c2e.md
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Passage SHA-256: 211d704fb6779c6a52fe58c4f69beb8b0020b86683dc8e2e84be47d501d2d7e0
Source location: Title 38, Chapter 24, § 2413; chapter-024-national-cemeteries-and-memorials.md
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**(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) 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” means, with respect to a person, the immediate family members of such person, as such term is defined in [section 115 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section115&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Whoever—
(A) assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under [section 1114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1114&num=0&edition=prelim); or
(B) threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such section,
with intent to impede, intimidate, or interfere with such official, judge, or law enforcement officer while engaged in the performance of official duties, or with intent to retaliate against such official, judge, or law enforcement officer on account of the performance of official duties, shall be punished as provided in subsection (b).
(2) Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or a member of the immediate family of any person who formerly served as a person designated in paragraph (1), with intent to retaliate against such person on account of the performance of official duties during the term of service of such person, shall be punished as provided in subsection (b).
**(b)**
(1) The punishment for an assault in violation of this section is—
(A) a fine under this title; and
(B)
(i) if the assault consists of a simple assault, a term of imprisonment for not more than 1 year;
(ii) if the assault involved physical contact with the victim of that assa
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 115
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Federal law — U.S. Code and appendices · legal_authorities
Whoever violates [section 2413 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2413&num=0&edition=prelim) shall be fined under this title, imprisoned for not more than one year, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1387
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Federal law — U.S. Code and appendices · legal_authorities
**(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—
(i) that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral; and
(ii) with the intent of disturbing 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—
(i) willfully and without proper authorization impeding or tending to impede the access to or egress from such location; and
(ii) with the intent to impede the access to or egress from such location; or
(3) is on or near 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—
(A) that disturbs or tends to disturb the peace of the persons located at such location; and
(B) with the intent of disturbing such peace.
**(b) Penalty.—** Any person who violates subsection (a) shall be fined
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1388
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 639
TITLE 38—VETERANS’ BENEFITS
§ 2413
1 See References in Text note below.
utilized buildings, or parts or parcels thereof,
belonging to the United States and part of the
National Cemetery Administration.
(b) TERM.—The term of a lease under sub-
section (a) may not exceed 10 years.
(c) LEASE TO PUBLIC OR NONPROFIT ORGANIZA-
TIONS.—(1) A lease under subsection (a) to any
public or nonprofit organization may be made
without regard to the provisions of section 3709
of the Revised Statutes (41 U.S.C. 5).1
(2) Notwithstanding section 1302 of title 40 or
any other provision of law, a lease under sub-
section (a) to any public or nonprofit organiza-
tion may provide for the maintenance, protec-
tion, or restoration of the leased property by the
lessee, as a part or all of the consideration for
the lease.
(d) NOTICE.—Before entering into a lease under
subsection (a), the Secretary shall give appro-
priate public notice of the intention of the Sec-
retary to enter into the lease in a newspaper of
general circulation in the community in which
the lands or buildings concerned are located.
(e) NATIONAL CEMETERY ADMINISTRATION FA-
CILITIES OPERATION FUND.—(1) There is estab-
lished on the book of the Treasury an account to
be known as the ‘‘National Cemetery Adminis-
tration Facilities Operation Fund’’ (in this sec-
tion referred to as the ‘‘Fund’’).
(2) The Fund shall consist of the following:
(A) Proceeds from the lease of land or build-
ings under this section.
(B) Proceeds of agricultural licenses of lands
of the National Cemetery Administration.
(C) Any other amounts appropriated to or
otherwise authorized for deposit in the Fund
by law.
(3) Amounts in the Fund shall be available to
cover costs incurred by the National Cemetery
Administration in
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 2413
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.