[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

[[Page H4143]]

     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

[[Page H4144]]

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

[[Page H4145]]

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.

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