[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 813 Reported in Senate (RS)]





                                                       Calendar No. 224

105th CONGRESS

  1st Session

                                 S. 813

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 23, 1997

                       Reported with an amendment





                                                       Calendar No. 224
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, Mr. Inhofe, and Mr. 
   D'Amato) 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

                            October 23, 1997

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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, 

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Veterans' Cemetery 
Protection Act of 1997''.</DELETED>

<DELETED>SEC. 2. VANDALISM AT NATIONAL CEMETERIES.</DELETED>

<DELETED>    (a) In General.--Chapter 91 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 1865. Vandalism and theft at national 
              cemeteries</DELETED>
<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) the term `national cemetery' means any 
        cemetery--</DELETED>
                <DELETED>    ``(A) in the National Cemetery System 
                established under section 2400 of title 38; 
                or</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) the term `value' means face value, par 
        value, market value, or cost price, either wholesale or retail, 
        whichever is greater.</DELETED>
<DELETED>    ``(b) Penalties for Vandalism.--Whoever willfully injures 
or commits any depredation against any property of a national cemetery, 
or attempts to do so--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Penalties for Theft.--</DELETED>
        <DELETED>    ``(1) In general.--Whoever--</DELETED>
                <DELETED>    ``(A) steals or knowingly converts to his 
                or her use or the use of another any property of a 
                national cemetery;</DELETED>
                <DELETED>    ``(B) without authority, sells, conveys, 
                or disposes of any property of a national cemetery; 
                or</DELETED>
                <DELETED>    ``(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,</DELETED>
        <DELETED>shall be punished as provided in paragraph 
        (2).</DELETED>
        <DELETED>    ``(2) Penalties.--A person who violates paragraph 
        (1)--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

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

</DELETED>SECTION 1. SHORT TITLE.

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

SEC. 2. SENTENCING FOR OFFENSES AGAINST PROPERTY AT NATIONAL 
              CEMETERIES.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review and amend the Federal sentencing guidelines to provide a 
sentencing enhancement of not less than 2 levels for any offense 
against the property of a national cemetery.
    (b) Commission Duties.--In carrying out subsection (a), the 
Sentencing Commission shall ensure that the sentences, guidelines, and 
policy statements for offenders convicted of an offense described in 
that subsection are--
            (1) appropriately severe; and
            (2) reasonably consistent with other relevant directives 
        and with other Federal sentencing guidelines.
    (c) Definition of National Cemetery.--In this section, the term 
``national cemetery'' means a cemetery--
            (1) in the National Cemetery System established under 
        section 2400 of title 38, United States Code; or
            (2) 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.