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

(a) Prohibition. It is unlawful for anyone—(1) to demonstrate on property of a cemetery controlled by the National Cemetery Administration or on Arlington National Cemetery without approval from the cemetery superintendent or the property’s director; or (2) at such a cemetery, during the 120 minutes before through the 120 minutes after a funeral, memorial service, or ceremony, to engage in a demonstration that either (A) occurs inside the cemetery or within 300 feet of the intersection of the cemetery boundary and an entrance or exit route, and includes someone deliberately making or helping make noise or a diversion that is not part of the event, disturbs or tends to disturb its peace or good order, and is intended to do so; or (B) occurs within 500 feet of the boundary and includes someone deliberately, without proper authorization, blocking or tending to block access to or exit from the cemetery, intending to do so.

(b) Penalty. A violator may be fined under title 18, imprisoned for up to 1 year, or both.

(c) Civil Remedies. (1) United States district courts may prevent and restrain violations and decide claims for relief under this section. (2) The Attorney General may bring proceedings under this section. (3) Anyone injured by conduct violating this section, including a surviving immediate family member of the deceased, may sue in an appropriate United States district court or any court with jurisdiction and recover the damages allowed by subsection (d) and suit costs, including reasonable attorney fees. (4) If the United States wins a criminal case under this section, the final judgment or decree prevents the defendant from denying the criminal offense’s essential allegations in a later civil case brought by a person or the United States.

(d) Actual and Statutory Damages. (1) In addition to subsection (b)’s penalty, a violator is liable in a subsection (c) action for actual or statutory damages under this subsection. (2) A person suing under (c)(3) may choose before final judgment either the actual damages caused by the violation or statutory damages for each violation. (3) In an action brought under (c)(2), the Attorney General may recover statutory damages for each violation even if a person also recovers under (c)(3). (4) A court may award statutory damages it considers fair, from $25,000 to $50,000 for each violation.

(e) Rebuttable Presumption. For deciding relief, the violation is presumed to have been willful unless rebutted if the violator, or someone acting with the violator, lacked reasonable grounds—based on the attention or publicity sought or another circumstance—to believe the conduct would not (1) disturb or tend to disturb the event’s peace or good order, or (2) impede or tend to impede access to or exit from the event.

(f) Definitions. “Demonstration” includes (A) picketing or similar conduct; (B) an oration, speech, use of sound-amplifying equipment or device, or similar conduct not part of the event; (C) displaying a placard, banner, flag, or similar device, unless it is part of the event; and (D) distributing a handbill, pamphlet, leaflet, or other written or printed matter, except an event program distributed as part of the event. “Immediate family” means, for a person, that person’s immediate family members as defined in section 115 of title 18.