[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1644 Reported in Senate (RS)]






                                                       Calendar No. 363
107th CONGRESS
  2d Session
                                S. 1644

 To further the protection and recognition of veterans' memorials, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2001

   Mr. Campbell (for himself, Mr. Craig, Mr. Miller, Mr. Conrad, Mr. 
 McConnell, Mr. Graham, Ms. Landrieu, Mr. Murkowski, Mr. Smith of New 
  Hampshire, Mr. Burns, Mr. Inouye, Mr. Bingaman, Mr. Voinovich, Mr. 
 Bunning, Mr. Johnson, Mr. Bennett, Mr. Cochran, Mr. Leahy, Mr. Hatch, 
 Mr. Thurmond, and Mr. Domenici) introduced the following bill; which 
   was read twice and referred to the Committee on Veterans' Affairs

                             April 22, 2002

    Committee discharged; referred to the Committee on the Judiciary

                              May 2, 2002

                Reported by Mr. Leahy, without amendment

_______________________________________________________________________

                                 A BILL


 
 To further the protection and recognition of veterans' memorials, and 
                          for other purposes.

    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' Memorial Preservation and 
Recognition Act of 2001''.

SEC. 2. VETERANS' MEMORIAL RESTORATION FUND.

    (a) Establishment.--Part VI of title 38, United States Code, is 
amended by adding at the end the following new chapter:

                  ``CHAPTER 87--MISCELLANEOUS MATTERS

``Sec.
``8701. Veterans' Memorial Restoration Fund.
``Sec. 8701. Veterans' Memorial Restoration Fund
    ``(a) There is established on the books of the Treasury a fund to 
be known as the `Veterans' Memorial Restoration Fund' (in this section 
referred to as the `Fund').
    ``(b) There shall be deposited in the Fund amounts as follows:
            ``(1) Amounts authorized to be appropriated to the Fund.
            ``(2) Amounts collected as civil penalties under section 
        1369(b) of title 18.
            ``(3) Amounts donated to the United States for purposes of 
        deposit in the Fund.
            ``(4) Any other amounts transferred to the Fund by the 
        Secretary under law.
    ``(c) Amounts in the Fund shall be available to the Secretary as 
follows:
            ``(1) To cover the costs of the repair or restoration of 
        injuries or depredations to veterans' memorials.
            ``(2) To cover any other costs associated with the repair, 
        restoration, maintenance, or upkeep of veterans' memorials.
    ``(d) Amounts in the Fund shall be in addition to any other amounts 
available to the Secretary for purposes of the repair, restoration, 
maintenance, or upkeep of veterans' memorials.
    ``(e) In this section, the term `veterans' memorial' means any 
structure, plaque, statue, or other monument on public property 
commemorating the service of any person or persons in the Armed 
Forces.''.
    (b) Clerical Amendments.--The tables of chapters at the beginning 
of title 38, United States Code, and at the beginning of part VI of 
that title, are each amended by adding at the end the following new 
item:

``87. Miscellaneous Matters.................................    8701''.

SEC. 3. CRIMINAL AND CIVIL PENALTIES FOR DESECRATION OF VETERANS' 
              MEMORIALS.

    (a) In General.--Chapter 65 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1369. Desecration of veterans' memorials
    ``(a) Whoever, in a circumstance described in subsection (c), 
willfully injures or commits any depredation against any structure, 
plaque, statue, or other monument on public property commemorating the 
service of any person or persons in the armed forces of the United 
States, shall be fined under this title, imprisoned not more than 10 
years, or both, but if the damage or attempted damage does not exceed 
the sum of $1,000, the defendant shall be fined under this title, 
imprisoned not more than one year, or both.
    ``(b)(1) Whoever commits an offense described by subsection (a) 
shall be subject to a civil penalty in an amount equal to the cost of 
repairing the injury or depredation upon which the offense is based.
    ``(2) A civil penalty for an offense under this subsection is in 
addition to any fine or penalty for the offense under subsection (a) or 
any other provision of law.
    ``(3) Amounts collected under this subsection shall be deposited in 
the Veterans' Memorial Restoration Fund under section 8701 of title 38, 
and available for use in accordance with the provisions of subsection 
(c) of that section.
    ``(c) The circumstance referred to in subsection (a) is that in 
committing the offense, the defendant travels or causes another to 
travel in interstate or foreign commerce, or uses the mail or an 
instrumentality of interstate or foreign commerce.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 65 of title 18, United States Code, is amended by adding at the 
end the following:

``1369. Desecration of veterans' memorials.''.

SEC. 4. HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES.

    (a) In General.--Notwithstanding the terms of any agreement entered 
into by the Secretary of Transportation and a State under section 
109(d) or 402(a) of title 23, United States Code, a veterans cemetery 
shall be treated as a site for which a supplemental guide sign may be 
placed on any Federal-aid highway.
    (b) Applicability.--Subsection (a) shall apply to an agreement 
entered into before, on, or after the date of the enactment of this 
Act.




                                                       Calendar No. 363

107th CONGRESS

  2d Session

                                S. 1644

_______________________________________________________________________

                                 A BILL

 To further the protection and recognition of veterans' memorials, and 
                          for other purposes.

_______________________________________________________________________

                              May 2, 2002

                       Reported without amendment