[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 813 Reference Change Senate (RCS)]







105th CONGRESS
  1st Session
                                 S. 813

    To amend chapter 91 of title 18, United States Code, to provide 
    criminal penalties for theft and willful vandalism at national 
                              cemeteries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 1997

  Mr. Thurmond (for himself, Mr. McCain, Mr. Inouye, and Mr. Inhofe) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

                            October 9, 1997

    Committee discharged; referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend chapter 91 of title 18, United States Code, to provide 
    criminal penalties for theft and willful vandalism at national 
                              cemeteries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Cemetery Protection Act of 
1997''.

SEC. 2. VANDALISM AT NATIONAL CEMETERIES.

    (a) In General.--Chapter 91 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1865. Vandalism and theft at national cemeteries
    ``(a) Definitions.--In this section--
            ``(1) the term `national cemetery' means any cemetery--
                    ``(A) in the National Cemetery System established 
                under section 2400 of title 38; or
                    ``(B) under the jurisdiction of the Secretary of 
                the Army, the Secretary of the Navy, the Secretary of 
                the Air Force, or the Secretary of the Interior; and
            ``(2) the term `value' means face value, par value, market 
        value, or cost price, either wholesale or retail, whichever is 
        greater.
    ``(b) Penalties for Vandalism.--Whoever willfully injures or 
commits any depredation against any property of a national cemetery, or 
attempts to do so--
            ``(1) if the damage or attempted damage to the property 
        exceeds $1,000, shall be imprisoned not more than 10 years, 
        fined under this title, or both; and
            ``(2) if the damage or attempted damage to the property 
        does not exceed $1,000, shall be imprisoned not more than 10 
        years, fined under this title, or both.
    ``(c) Penalties for Theft.--
            ``(1) In general.--Whoever--
                    ``(A) steals or knowingly converts to his or her 
                use or the use of another any property of a national 
                cemetery;
                    ``(B) without authority, sells, conveys, or 
                disposes of any property of a national cemetery; or
                    ``(C) receives, conceals, or retains any property 
                of a national cemetery with the intent to convert that 
                property to his or her use or gain, knowing that 
                property to have been stolen or converted,
        shall be punished as provided in paragraph (2).
            ``(2) Penalties.--A person who violates paragraph (1)--
                    ``(A) in the case of property with an estimated 
                value that exceeds $1,000, shall be imprisoned not more 
                than 15 years, fined under this title, or both; and
                    ``(B) in the case of property with an estimated 
                value that does not exceed $1,000, shall be imprisoned 
                not more than 1 year, fined under this title, or 
                both.''.
    (b) Clerical Amendment.--The analysis for chapter 91 of title 18, 
United States Code, is amended by inserting after the item relating to 
section 1864 the following:

``1865. Vandalism and theft at national cemeteries.''.
                                 <all>