38 U.S.C. § 2413 — Prohibition on certain demonstrations

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 the operation and mainte- nance of property of the Administration. (4) Amounts in the Fund shall remain avail- able until expended. (Added Pub. L. 108–454, title VI, § 602(a), Dec. 10, 2004, 118 Stat. 3623.) Editorial Notes REFERENCES IN TEXT Section 3709 of the Revised Statutes, referred to in subsec. (c)(1), was classified to section 5 of former Title 41, Public Contracts, and was repealed and restated in section 6101 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. § 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 prop- erty of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery un- less 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 en- gage in a demonstration during the period be- ginning 120 minutes before and ending 120 min- utes after a funeral, memorial service, or cere- mony is held, any part of which demonstra- tion— (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 in- gress to or egress from such cemetery; and (ii) includes any individual willfully mak- ing or assisting in the making of any noise or diversion— (I) that is not part of such funeral, me- morial service, or ceremony and that dis- turbs 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, memo- rial 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 author- ization 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 sub- section (a) shall be fined under title 18 or impris- oned 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 re- lief 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 vio- lates this section may— (A) sue therefor in any appropriate United States district court or in any court of com- petent jurisdiction; and (B) recover damages as provided in sub- section (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 pro- ceeding 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 sub- section (b), a violator of this section is liable in an action under subsection (c) for actual or stat- utory damages as provided in this subsection. (2) A person bringing an action under sub- section (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 Page 640 TITLE 38—VETERANS’ BENEFITS § 2414 1 So in original. The period probably should not appear. 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 re- cover 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 pur- poses 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 am- plification equipment or device, or similar conduct that is not part of a funeral, memo- rial 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, pam- phlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral, memorial service, or cere- mony; and (2) the term ‘‘immediate family’’ means, with respect to a person, the immediate fam- ily members of such person, as such term is defined in section 115 of title 18. (Added Pub. L. 109–228, § 2(a)(1), May 29, 2006, 120 Stat. 387; amended Pub. L. 112–154, title VI, § 601(c)(1), Aug. 6, 2012, 126 Stat. 1197.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–154 amended section generally. Prior to amendment, section prohibited unapproved dem- onstrations 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, pro- vided 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 con- trol of the National Cemetery Administration, or the Secretary of the Army, with respect to Arlington Na- tional Cemetery, to issue or enforce regulations that prohibit or restrict conduct that is not specifically cov- ered by section 2413 of such title (as so added).’’ § 2414. Communication between Department of Veterans Affairs and medical examiners and funeral directors (a) REQUIRED INFORMATION.—With respect to each deceased veteran described in subsection (b) who is transported to a national cemetery for burial, the Secretary shall ensure that the local medical examiner, funeral director, county service group, or other entity responsible for the body of the deceased veteran before such trans- portation submits to the Secretary the fol- lowing information: (1) Whether the deceased veteran was cre- mated. (2) The steps taken to ensure that the de- ceased veteran has no next of kin. (b) DECEASED VETERAN DESCRIBED.—A de- ceased veteran described in this subsection is a deceased veteran— (1) with respect to whom the Secretary de- termines that there is no next of kin or other person claiming the body of the deceased vet- eran; and (2) who does not have sufficient resources for the furnishing of a casket or urn for the burial of the deceased veteran in a national ceme- tery, as determined by the Secretary. (Added Pub. L. 112–260, title I, § 103(a), Jan. 10, 2013, 126 Stat. 2419.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 112–260, title I, § 103(c), Jan. 10, 2013, 126 Stat. 2420, provided that: ‘‘Section 2414 of title 38, United States Code, as added by subsection (a), shall take ef- fect on the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to deaths occurring on or after the date that is 180 days after the date of the enactment of this Act.’’ PART III—READJUSTMENT AND RELATED BENEFITS Chap. Sec. 30. All-Volunteer Force Educational As- sistance Program ............................... 3001 31. Training and Rehabilitation for Vet- erans with Service-Connected Dis- abilities .............................................. 3100 32. Post-Vietnam Era Veterans’ Edu- cational Assistance ............................ 3201 33. Post-9/11 Educational Assistance .......... 3301.1 34. Veterans’ Educational Assistance ......... 3451 35. Survivors’ and Dependents’ Educational Assistance .......................................... 3500 36. Administration of Educational Benefits 3670 37. Housing and Small Business Loans ....... 3701 39. Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces ........... 3901 41. Job Counseling, Training, and Place- ment Service for Veterans ................. 4100