[Congressional Record Volume 143, Number 89 (Monday, June 23, 1997)]
[House]
[Pages H4142-H4145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS' CEMETERY PROTECTION ACT OF 1997
Mr. HYDE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1532) to amend title 18, United States Code, to create criminal
penalties for theft and willful vandalism at national cemeteries, as
amended.
The Clerk read as follows:
H.R. 1532
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. SENTENCING FOR VANDALISM AT NATIONAL CEMETERIES.
(a) General Rule.--Pursuant to its authority under section
994 of title 28, United States Code, the United States
Sentencing Commission shall review and amend the sentencing
guidelines to provide a sentencing enhancement for any
offense against any property of a national cemetery--
(1) by at least 4 levels if the offense involves the
willful injury to or depredation against such property, and
(2) by at least 6 levels if the offense involves the
knowing theft, conversion, or unlawful sale or disposition of
such property.
(b) Commission Duty.--In carrying out subsection (a), the
Sentencing Commission shall ensure that the sentences,
guidelines, and
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policy statements for offenders convicted of offenses
described in subsection (a) are appropriately severe and
reasonably consistent with other relevant directives and with
other guidelines.
(c) Definition.--For the purposes of this section, the term
``national cemetery'' means a cemetery in the National
Cemetery System established under section 2400 of title 38
and a cemetery 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois [Mr. Hyde] and the gentleman from Massachusetts [Mr. Frank]
each will control 20 minutes.
The Chair recognizes the gentleman from Illinois [Mr. Hyde].
Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume.
(Mr. HYDE asked and was given permission to revise and extend his
remarks.)
Mr. HYDE. Mr. Speaker, the goal of H.R. 1532, the Veterans' Cemetery
Protection Act, is one which I wholeheartedly support, sending a strong
message to criminals who would desecrate or destroy property at a
national cemetery, that the United States will not tolerate such
disrespect of its veterans. Such cowardly crimes can only be performed
by people who choose to ignore the sacrifices of those men and women
who have served proudly and bravely in the U.S. Armed Forces.
As originally introduced by the gentleman from California [Mr.
Calvert], H.R. 1532 created a new Federal crime of vandalism and theft
at a national cemetery. The Committee on the Judiciary adopted an
amendment which instructs the Sentencing Commission to review and amend
its guidelines to provide a sentencing enhancement for any offense
against property of a national cemetery. Under this approach, vandals
who destroy national cemetery property will still receive the strong,
swift punishment they deserve.
This issue strikes a national nerve, and I am grateful to the
gentleman from California [Mr. Calvert] for his dedication and concern
for our veterans. He introduced H.R. 1532 on May 6, 1997, only 1\1/2\
months ago, and today his bill has nearly 250 cosponsors. The gentleman
from Hawaii [Mr. Abercrombie] has also been actively supporting this
legislation.
The bill, as amended, directs the Sentencing Commission to increase a
sentence by at least four levels if property of a national cemetery is
injured or defaced, and by at least six levels if such property is
stolen or unlawfully sold. Criminals will still be charged and
convicted under the existing sections of the criminal code. However, in
the case of theft or damage of property at a national cemetery, the
Sentencing Commission will ensure that those persons are punished more
severely than if the damage was to less significant and sacred Federal
property.
I believe this approach is the most effective way to express
Congress's disgust with vandals and thieves who have no regard for the
sacrifices made by this country's veterans. Many of our veterans gave
their lives to protect our cherished freedoms, and when their grave
sites are desecrated by foul words and pictures and graffiti, it
offends the dignity and sense of honor shared by all Americans.
In a speech called ``Vision of War'' given in Indianapolis in 1876,
Robert Green Ingersoll eloquently honored our veterans when he said:
These heroes are dead. They died for liberty; they died for
us. They are at rest. They sleep in a land they made free,
under the flag they rendered stainless, under the solemn
pines, the tearful willows, the embracing vines. They sleep
beneath the shadows of the clouds, each in a windowless
palace of rest. Earth may run red with other wars; they are
at peace. In the midst of battles, in the roar of conflict,
they found the serenity of death.
Mr. Speaker, when our national cemeteries are desecrated and
destroyed, the peace that our veterans, their spouses, children, and
friends so richly deserve, is disturbed. We honor our Nation's heroes
today by passing this legislation which underscores our intolerance of
damage and theft at our national cemeteries.
Mr. Speaker, I reserve the balance of my time.
Mr. FRANK of Massachusetts. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, the desecration of graves is a particularly despicable
act. It clearly bespeaks simply malice. No one can ever claim any
necessity. No one can ever claim to be driven by circumstances to do so
vicious a thing. The harm it does to survivors is intolerable. I think
it is entirely appropriate that we express our desire that the
sentences be increased. I concur with this piece of legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. HYDE. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from California [Mr. Calvert].
Mr. CALVERT. Mr. Speaker, I want to thank the gentleman from Illinois
[Mr. Hyde], the chairman, for the good work in moving this important
bill forward.
Mr. Speaker, I rise today with the gentleman from Hawaii [Mr.
Abercrombie] in support of the Veterans' Cemetery Protection Act. I
would like to thank the gentleman from Florida [Mr. McCollum], chairman
of the Subcommittee on Crime, for moving this bill forward, and again
certainly the gentleman from Illinois [Mr. Hyde] for their help and
guidance in getting this bill to the floor so quickly. I particularly
want to thank the Committee on the Judiciary for the perfecting
amendment at the subcommittee markup.
Mr. Speaker, whenever a young man or woman decides to enter the
military, they do so voluntarily, in order to protect our country and
guard us against the uncertainties of the world. Sometimes they make
the ultimate sacrifice. Over 1 million Americans have died fighting
this country's wars. That is why it sickens me when I hear of
degenerates desecrating our national cemeteries.
In June 1996, Riverside National Cemetery, the second largest in the
Nation next to Arlington, fell prey to a thief who stole bronze markers
from 128 graves, who later sold them for a profit. Horribly, this theft
was discovered on Father's Day by family members who had come to pay
their respects. On April 19, vandals spray-painted racist and profane
words on cemetery walls at the National Memorial Cemetery of the
Pacific in Hawaii, located inside the district of the gentleman from
Hawaii [Mr. Abercrombie].
Mr. Speaker, enough is enough. The Veterans' Cemetery Protection Act
would stiffen criminal penalties for theft and malicious vandalism at
national cemeteries.
H.R. 1532 will require the U.S. Sentencing Commission to review and
amend the sentencing guidelines to enhance penalties resulting from
national cemetery desecrations and theft. The bill increases by four
levels the punishment levied by a judge if the offense involves the
willful injury or depredation against a national cemetery. It also
increases by six levels the punishment levied by a judge if the offense
involves the knowing theft, conversion, or unlawful sale or disposition
of national cemetery property. Judges will continue to have the
discretion of applying fines up to $250,000 in such cases.
H.R. 1532 seeks to protect the 114 VA national cemeteries, along with
other cemeteries under the jurisdiction of the Secretary of the Army,
the Secretary of the Navy, the Secretary of the Air Force and the
Secretary of the Interior.
Joseph Frank, national commander of the American Legion, stated,
Deliberate acts of vandalism against the final resting
place of America's fallen comrades must not be tolerated.
According to the Paralyzed Veterans of America News,
Demeaning and degrading the final resting place of veterans
who made the ultimate sacrifice for the Nation and their
loved ones strikes at all veterans and all Americans.
This bill addresses their concerns. The Veterans' Cemetery Protection
Act has received the endorsement and support of numerous veterans and
military organizations. I wish to recognize and thank the men and women
of the Non-Commissioned Officers Association of the United States of
America, the Paralyzed Veterans of America, the American Legion, the
Fleet Reserve Association, the Enlisted Association of the National
Guard, the Veterans of Foreign Wars, the Disabled American Veterans,
the Blinded Veterans Association, AM-VETS and others who have expressed
their support for this legislation. Let there be no doubt, this is
Congress' gift to them.
I also wish to thank over 250 Members of Congress who cosponsored
this bill. Being so close to Independence Day, I invite my colleagues
to support
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passage of the Veterans' Cemetery Protection Act as a small gift to our
Nation's veterans.
Again, I would like to thank the gentleman from Hawaii [Mr.
Abercrombie] for moving this bill forward and getting it done before
Independence Day.
Mr. FRANK of Massachusetts. Mr. Speaker, I yield 8 minutes to the
gentleman from Hawaii [Mr. Abercrombie].
Mr. ABERCROMBIE. Mr. Speaker, before I make my remarks, I would like
to extend my gratitude to the gentleman from California [Mr. Calvert].
I have had the pleasure of working with him in the Subcommittee on
Energy and Mineral Resources of the Committee on Resources where he was
the chair and I was the ranking member on that committee. We got to
know each other very well, able to understand our problems and work to
solve them in a mutual fashion. It turns out by sad coincidence that we
had a mutual interest in the Veterans' Cemetery Protection Act.
Mr. Speaker, I will relate to Members in the course of my remarks the
circumstances that took place at Punchbowl and elsewhere out in the
Hawaiian Islands with respect to the desecration of our cemeteries
there. It was with an equal degree of sadness that I learned that the
gentleman from California [Mr. Calvert] had experienced similar
problems and difficulties in Riverside and we found out that this was
in fact a nationwide problem. With his usual regard for acting quickly
on matters, the gentleman from California [Mr. Calvert] and I were able
to put together this bill and receive the kind and prompt attention of
the gentleman from Illinois [Mr. Hyde] in the Committee on the
Judiciary. I am sure I am speaking for the gentleman from California
[Mr. Calvert] and myself in expressing not only our personal regard to
the gentleman from Illinois [Mr. Hyde], but with respect to this
particular legislation, the promptness with which the gentleman and his
staff dealt with this particular bill is something to be admired and we
are very, very grateful to him.
I want to thank the gentleman from Florida [Mr. McCollum] as well for
making a significant contribution in improving the bill. I am sure that
the gentleman from California [Mr. Calvert] agrees with me that the
amendments that were put in during committee have been very, very
beneficial to the bill.
{time} 1230
I want to thank the gentleman from Arizona [Mr. Stump] for his
interest right from the very, very beginning, obviously with his
background and experience in the Committee on Veterans' Affairs;
nonetheless, his approval of and support for the bill has been very
valuable in moving it forward to this point. I want to thank the
gentleman from Massachusetts [Mr. Frank] for his interest in the bill.
Obviously, Mr. Speaker, my colleagues can tell from the list of
individuals that I have spoken about today that this is a nonpartisan
bill. It has nothing to do with political parties; it has everything to
do with our regard for the United States of America and the symbolic
importance of what is involved in the Veterans' Cemetery Protection
Act.
Mr. Speaker, today then I rise to voice my strong support for H.R.
1532, the Veterans' Cemetery Protection Act of 1997 which I am
introducing, as I indicated, along with my colleague from California
[Mr. Calvert]. This bill instructs the U.S. Sentencing Commission to
significantly increase the criminal penalties for theft and wilful
vandalism at national cemeteries. The penalties under this bill are
clear and would send an unmistakable message to those who chose to
desecrate the final resting place of our veterans.
In a national cemetery anyone convicted of vandalism that causes a
damage of less than $1,000 can be fined and serve a maximum prison term
of 1 year. Anyone convicted of vandalism that exceeds $1,000 can
receive penalties of a maximum 10-year prison term and a fine. In
addition, anyone convicted of hiding, stealing or selling national
cemetery property could be sentenced to a maximum 15-year prison term
and corresponding fine.
Mr. Speaker, I know for some Members this may be almost the first
time they are hearing this kind of discussion. It may sound to them
almost impossible that anyone would be hiding, stealing or selling
national cemetery property, but unfortunately this is a fact of
contemporary life. The time to act on this legislation therefore is
now. How many more times do we want to open the newspaper, listen to a
radio account, or watch the evening news and learn of another act of
shocking desecration occurring at one of our national cemeteries?
Let me recount the most recent examples for my colleagues. In 1994, a
grave was opened at Ball's Bluff National Cemetery, and the remains of
the soldier were scattered about presumably by a relic hunter.
In 1996, Riverside National Cemetery, as the gentleman from
California [Mr. Calvert] indicated, the second largest national
cemetery in the Nation, was vandalized by a person or persons who stole
engraved bronze markers from 128 graves. A few months before, thieves
stole over 500 markers from a storage facility at the cemetery. They
attempted to sell the markers to a recycling plant for financial gain.
Finally, the most recent act of wilful vandalism, which occurred in
Hawaii and New Jersey. On April 19, 1997 seven Oahu cemeteries,
including the Hawaii Veterans' Cemetery in Kaneohe and the National
Memorial Cemetery of the Pacific at Punchbowl were vandalized. Racist
and profane words were spray-painted on grave markers, cemetery walls
and even on the chapel of the National Memorial Cemetery. These acts
were an insult to the people buried there, their families and the
entire Hawaii community. I feel deeply for the relatives who are still
experiencing the pain caused by this outrage.
Mr. Speaker, I can scarcely get across today in words the anguish
that people felt when viewing the circumstances of the vandalism at
Punchbowl and elsewhere. What still gives one faith in the human spirit
to triumph over tragedy is the pure unselfishness of the State and
local government, veterans groups and community individuals who stepped
up to the task of repairing the damage. Currently the estimated costs
of repairing and cleaning up these cemeteries is between $20,000 and
$25,000.
Almost immediately Governor Benjamin Cayetano pledged to mobilize
veterans, active duty U.S. military, the Hawaii National Guard and
youth groups like the Hawaii Youth Challenge. He asked Maj. Gen. Edward
Richardson, the State Adjutant General, and Walter Ozawa, Veterans
Services Director, to work with Adm. Joseph Prueher, the Pacific
Commander in Chief, to enlist help in the joint cleanup effort.
The human spirit was renewed by the efforts of the Paralyzed Veterans
of America, whose president, Ken Huber, called the desecration of the
national cemetery an unconscionable act and affront to all the men and
women in the Armed Services. The Paralyzed Veterans notified Secretary
of Veterans Affairs Jesse Brown that on behalf of the PVA members and
in recognition of the sacrifices of all veterans the PVA would cover
the cost of repairing and restoring the national cemetery. Other local
Hawaii veterans groups posted reward moneys for information leading to
the apprehension and conviction of these vandals.
The spirit was further renewed by the actions of individuals, more
than 700 of whom signed up to help at Punchbowl Cemetery. Because of
the expertise and harmful chemicals required for most of the cleanup,
only a handful could be used at any one time. But that did not stop Vi
DeCaires from working to clean a grave, scrubbing the granite marker
with a toothbrush. She said the people buried here have given so much
to us. I just wanted to give back.
Dorothy Tamashiro volunteered because her husband Harold is buried at
Punchbowl. He was a member of the World War II 100th Infantry
Battalion. According to Dorothy, ``when I saw the news I started to
cry. So when the phone number came up on the screen I volunteered.''
Then there was Lilla LeVine, who worked to clean the grave of Army
Sgt. Maj. Earl R. Davidson, a veteran of World War II, Korea, and
Vietnam. ``How sad to think he did all this and this would happen to
him,'' she said. ``He is a person, not just a stone.'' ``He is a
person, not just a stone. He had a life and a family and he fought for
his
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country through three wars. I hope he knows we are taking care of this
as much as we can.''
And most recently, on May 18, vandalism estimated at $10,000 darkened
the sky of the 133-year-old Beverly, New Jersey National Cemetery where
Veterans of Foreign War posts from throughout the State have come
together on each Memorial Day for 52 years. Vandals tore down
flagpoles, pulled memorial benches from their cement foundations and
ruined the entrance garden. Here again veterans groups have posted
reward moneys for information leading to the apprehension of the
vandals as well as money to repair the damages to the cemetery.
I am pleased to inform my colleagues on both sides of the aisle that
because of the efforts of a number of individuals and groups, the last
of the hate messages and graffiti was removed just prior to Memorial
Day at Punchbowl with the help of the $21,000 donated thus far to the
cleanup. Vandals can never ``tarnish what our heroes have left us,''
Honolulu Mayor Jeremy Harris said during the Memorial Day ceremony.
Today we are responding to the call to keep our heroes untarnished
with the introduction of this act. Our Constitution provides many
freedoms and rights. It does not provide us the right to physically
destroy what is not ours, even if it is to send a message. With rights
come responsibilities, and it is our responsibility today as Members of
Congress to ensure the right to be laid to rest in hallowed ground,
like those men and women who have made the ultimate sacrifice for our
Nation, is not compromised or profaned.
Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume
before yielding to the gentleman from Arizona [Mr. Stump] simply to say
that while we are on the subject of the Punchbowl Cemetery, which is
one of the most beautiful places in the world, it seems to me we ought
to have at the grave sites crucifixes and Stars of David and other
appropriate markers. They have a flat marker on the ground, and if one
stands there and look, they would not know it was a cemetery because
they cannot see the graves. One has to walk up and look at each marker.
Mr. Speaker, if we go to Normandy or we go out here to Arlington, we
know that we are in a very special place and the emotions that are
reached by looking at the proper grave markers; I think the people
buried at Punchbowl ought to have those too.
Mr. Speaker, I look forward to the day when whoever is in charge of
that agrees with me, and instead of flat, unseeable grave stones we
will see either a cross or a Star of David or whatever is appropriate.
Mr. ABERCROMBIE. Mr. Speaker, will the gentleman yield?
Mr. HYDE. I yield to the gentleman from Hawaii.
Mr. ABERCROMBIE. Mr. Speaker, I would certainly take that issue up
with Mr. Gene Castenetti, who is the director at Punchbowl, and would
be delighted to work with you and the gentleman from Arizona [Mr.
Stump] and anyone else who is interested in seeing to it that we might
make those kinds of improvements.
Mr. HYDE. I hope more than I am interested in that because the
impact, the emotional impact on seeing it at Normandy or in Arlington
is powerful, and it ought to be reproduced, in my opinion, in
Punchbowl.
Mr. Speaker, I yield as much time as he may consume to the gentleman
from Arizona [Mr. Stump].
(Mr. STUMP asked and was given permission to revise and extend his
remarks.)
Mr. STUMP. Mr. Speaker, I rise in strong support of H.R. 1532, the
Veterans Vandalism Act of 1997.
At the end of the 50th anniversary celebration of World War II, I had
the privilege of visiting this cemetery along with the gentleman from
Illinois [Mr. Hyde] and the gentleman from Hawaii [Mr. Abercrombie],
and it truly is one of the most beautiful in our system, and I would
like to associate myself with the remarks he made as far as proper
markings on these headstones.
This cemetery is the final resting place for more than 39,000 members
of our armed services and their families. The cemetery also has a wall
inscribed with the names of more than 28,000 servicemen, both men and
women, who are missing in action, lost, or buried at sea during World
War II, the Korean war, and the Vietnam war.
Mr. Speaker, these veterans' cemeteries are national shrines. The
appalling acts of one of America's most significant cemeteries in
Hawaii defies comprehension. Surviving members of the families and the
other 5 million annual visitors should not be subjected to such
disrespectful acts.
I would like to especially thank the gentleman from Illinois [Mr.
Hyde], chairman of the committee, for bringing this bill to the floor
and all of his work, the gentleman from California [Mr. Calvert] for
introducing the bill, and also to the gentleman from Hawaii [Mr.
Abercrombie].
Mr. CANADY of Florida. Mr. Speaker, I rise today in support of the
Veterans' Cemeteries Protection Act of 1997.
I was deeply concerned when I learned that vandals had cruelly
defaced the graves of our Nation's fallen heroes in five veterans'
cemeteries in Hawaii. These were despicable acts of cowardice that
desecrated the memory of great Americans who gave their lives for our
country.
The most severe damage was done to the National Memorial Cemetery of
the Pacific, where hundreds of men and women who lost their lives in
the bombing of Pearl Harbor were laid to rest. A group of vandals
scrawled messages in red paint on hundreds of tombstones and walls in
five separate cemeteries. We must send a message that this type of
behavior cannot be tolerated.
Mr. Speaker, today I urge my colleagues to support the Veterans'
Cemeteries Protection Act, which would create specific criminal
penalties for acts of vandalism at national cemeteries.
It is only because of the sacrifice of American's veterans that we
enjoy the blessings of liberty today. It is now our duty to honor their
memory by swiftly and severely punishing those who deface their graves.
Mr. FRANK of Massachusetts. Mr. Speaker, I yield back the balance of
my time.
Mr. HYDE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Petri). The question is on the motion
offered by the gentleman from Illinois [Mr. Hyde] that the House
suspend the rules and pass the bill, H.R. 1532, as amended.
The question was taken.
Mr. DICKS. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I, and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________