[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[House]
[Pages H10372-H10374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               VETERANS' CEMETERY PROTECTION ACT OF 1997

  Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 813) to amend chapter 91 of title 18, United States 
Code, to provide criminal penalties for theft and willful vandalism at 
national cemeteries.
  The Clerk read as follows:

                                 S. 813

       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 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida [Mr. McCollum] and the gentleman from New York [Mr. Nadler] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida [Mr. McCollum].


                             General Leave

  Mr. McCollum. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the Senate bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the House passed H.R. 1532, the Veterans Cemetery 
Protection Act, on June 23, 1997. The legislation instructed the 
Sentencing Commission to review and amend its guidelines to provide a 
sentencing enhancement for any offense against property of a national 
cemetery.
  Under the House approach, the Sentencing Commission was directed to 
increase a sentence by at least four levels if property of the national 
cemetery was injured or defaced, and by at least six levels if such 
property was stolen or unlawfully sold.
  The Senate recently passed S. 813, which is the bill before us today, 
its version of the Veterans Cemetery Protection Act, with an amendment. 
The Senate version differs slightly from the House-passed version. It 
directs the Sentencing Commission to increase the penalties for these 
crimes by at least two levels, not the four- and six-level enhancements 
which the House bill required.
  Although I am somewhat disappointed that the Senate has chosen to 
lower the enhancement levels, I am heartened by the fact that the 
Senate version still retains a specific direction to the Sentencing 
Commission to increase penalties. Moreover, the Senate-passed bill also 
contains language which instructs the Commission to carefully review 
its entire sentencing structure regarding these crimes and ensure that 
penalties are appropriately severe.
  By passing this legislation, the U.S. Congress sends a clear 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 perpetrated by persons 
who choose to ignore the sacrifice of those men and women who have 
served proudly and bravely in the U.S. Armed Forces.
  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. As the prime sponsor of this bill, and I am going to 
recognize him in a minute, he deserves a lot of applause.
  I also want to thank the gentleman from Hawaii [Mr. Abercrombie] for 
his continued efforts to ensure the passage of this legislation. The 
House version, H.R. 1532 was introduced on May 6, 1997, just over 6 
months ago, and today the bill has 250 cosponsors.
  Many of our veterans gave their lives to protect our cherished 
traditions and freedoms, and when their gravesites are desecrated by 
foul words and pictures, it offends the dignity and sense of honor 
shared by all Americans. I can think of no better gift to give our 
Nation's heroes for this Veterans Day than to pass the Veterans 
Cemetery Protection Act, and underscore our intolerance of vandalism 
and theft at our national cemeteries.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill will impose stiffer penalties for thefts and 
acts of vandalism that involve a national cemetery. When someone 
desecrates a gravesite or steals a headstone, that is an especially 
vile crime, especially vile when it is a national cemetery where heroes 
of the United States are buried. It deserves appropriate punishment. So 
I commend the authors of this bill. I hope it will become law soon. I 
urge unanimous adoption.
  Mr. Speaker, I yield back the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California [Mr. Calvert], the author of this bill on the 
House side.
  Mr. CALVERT. I thank the gentleman for yielding me the time, Mr. 
Speaker.
  Mr. Speaker, the time has finally come. For over a year I have worked 
hard to introduce a certain piece of legislation which I think 
overcomes all our differences, goes beyond party affiliation, and shows 
the American people that when all is said and done, that this Congress 
is one, that it can be united.
  Today especially as we go into Veterans Day weekend, and Tuesday, 
November 11, as Members know, is Veterans Day, I cannot think of any 
legislation which comes at a more appropriate time than that of the 
Veterans Cemetery Protection Act, introduced with my colleague, the 
gentleman from Hawaii [Mr. Abercrombie].
  Mr. Speaker, whenever a young man or woman enters the military, which 
some do voluntarily, they do so 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 ingrates 
and degenerates desecrating our national cemeteries.
  In June of 1996, Riverside National Cemetery in California, the 
second largest in the Nation next to Arlington Cemetery in Virginia, 
fell prey to a

[[Page H10373]]

thief who stole bronze markers from 128 graves, and later sold them for 
a profit. Horribly, this theft was discovered on Fathers 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 in the district of my colleague, 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 
cemeteries. S. 813, the companion bill to my H.R. 1532, as amended, 
would stiffen criminal penalties for theft and malicious vandalism at 
national cemeteries.
  S. 813 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 ensures that the 
sentences, guidelines, and policy statements for the offenders 
convicted of an offense are appropriately severe and reasonably 
consistent with other relevant directives and with other Federal 
sentencing guidelines.
  S. 813 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 Interior.
  Joseph Frank, National Commander of the American Legion, stated, 
``Deliberate acts of vandalism against the final resting place of 
American fallen comrades must not be tolerated.'' According to the 
Paralyzed Veterans of America News, ``Demeaning and degrading the final 
resting place of veterans who have 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 Noncommissioned 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, 
AmVets, and others who have expressed their support for this 
legislation.
  Let there be no doubt, this is the Congress' gift to them and those 
who have gone before them. I wish to thank over 245 Members of this 
House of Representatives who have cosponsored this bill.
  I would especially like to thank the gentleman from Hawaii [Mr. 
Abercrombie] and his staff members, Lee-Ann Adams and Vivian Wolf for 
their support and leadership on this issue, the gentleman from Florida 
[Mr. McCollum] and his staff member, Nicole Nason, for their help and 
guidance in making S.813 a reality; to the gentleman from Illinois [Mr. 
Hyde] and his staff for passing this measure out of the Committee on 
the Judiciary in an expeditious manner; and to the gentleman from Texas 
[Mr. Armey] and his floor staffer, Siobhan McGill, for their help in 
bringing S.813 to the floor; and to my own staff, especially Nelson 
Garcia, who led on this issue.
  I would like to thank my fellow colleagues from the Inland Empire, 
the gentlemen from California, Mr. Brown, Mr. Lewis, and Mr. Bono, for 
their help in the early stages of this bill. Being so close to Veterans 
Day, I solemnly ask my colleagues to put all our differences aside, 
accept Senate bill, S. 813, and pass the Veterans Cemetery Protection 
Act.
  Let this be a gift of Congress to our Nation's veterans.
  Mr. McCOLLUM. Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I ask unanimous consent to reclaim my time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. NADLER. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Hawaii [Mr. Abercrombie].
  Mr. ABERCROMBIE. Mr. Speaker, I thank the gentleman for yielding me 
this time.
  Mr. Speaker, despite the subject matter, which I am sure the 
gentleman from California [Mr. Calvert] has explicated very clearly, 
this is in fact a happy day. That is to say that with the passage of 
the bill today, the Senate bill, S. 813, we will have addressed a very, 
very serious matter in a timely fashion, which is to say that the 
President will have the opportunity, hopefully, to sign this bill, 
perhaps as early as Veterans Day, upcoming Veterans Day.
  Mr. Speaker, I rise today then to urge my colleagues to support 
passage of S. 813, the Veterans Cemetery Protection Act, as amended by 
the Senate Committee on the Judiciary. The gentleman from California 
[Mr. Calvert] and I first introduced this bill in the House, and I am 
happy that we were able to work with the Senate to bring their version 
to the floor today for passage.
  As I indicated, it is appropriate that we are able to take up this 
bill as Veterans Day approaches. This bill instructs the U.S. 
Sentencing Commission to significantly increase criminal penalties for 
theft and willful vandalism at national cemeteries.
  First, Mr. Speaker, I would like to take some time to thank the 
gentleman from California [Mr. Calvert], who gave me the opportunity to 
work with him on this requisite piece of legislation. It has indeed 
been a pleasure to work with him, and I am pleased that together we 
have been successful in our effort to move this bill through Congress.

                              {time}  1400

  I might say as well, Mr. Speaker, that I have had an opportunity to 
work with the gentleman from California [Mr. Calvert] as the ranking 
member on his subcommittee and the Committee on Resources previous to 
this, and it has been an extraordinarily enjoyable time for me, 
legislatively and personally, to be associated with him.
  I would also like to sincerely thank the gentleman from Arizona [Mr. 
Stump] and the gentleman from Illinois [Mr. Hyde] for recognizing the 
need for this legislation and for working with us, the gentleman from 
California [Mr. Calvert] and myself, and giving us their support in 
moving this issue forward. The gentleman from California [Mr. Calvert] 
has been extraordinarily patient in this endeavor, and I very much 
appreciate it.
  I would likewise like to thank the gentleman from Florida [Mr. 
McCollum], who has also made a significant contribution to this bill, 
and I would like to extend my personal gratitude to him. I have had the 
opportunity to work with him in other areas as well, juvenile justice 
for one. And I appreciate the opportunity to extend to him my personal 
congratulations in helping to get this forward and extend to him my 
personal thanks.
  On April 19, 1997, Mr. Speaker, seven Oahu cemeteries on the Island 
of Oahu in the State of Hawaii, including the National Cemetery of the 
Pacific at Punchbowl and the Hawaii Veterans Cemetery, were vandalized. 
Vandals used red spray paint to write racist and profane words on grave 
markers and cemetery and chapel walls. It is obvious that nothing is, 
in fact, sacred to the people who committed this act. Strict penalties 
must be enacted to send the message that we will not allow this type of 
behavior to continue unchecked.
  As we have heard from the gentleman from California [Mr. Calvert], 
this was not the only desecration of a national cemetery to occur in 
the country. Unfortunately, this type of crime is on the rise. On May 
18, 1997, the New Jersey National Cemetery was also vandalized just 
prior to Memorial Day. These acts are an insult to the veterans who 
gave their lives to ensure our freedoms and to their families. Further, 
it is an affront to all men and women who have served or are presently 
serving in our Nation's Armed Forces.
  I regret to say, Mr. Speaker, but it is entirely a propos that, 
unfortunately, just yesterday, and I arrived a little too late to know 
whether the gentleman from California [Mr. Calvert] entered this into 
the Record, but there

[[Page H10374]]

was a Scripps Howard News Service story just yesterday, ``Vandalism 
Rising At Veterans Cemeteries.'' Coincidental, Mr. Speaker, of course, 
to the passage of the bill today, but very pertinent in terms of asking 
the Members to support it. The story says, in part, ``Lawmakers hope 
President Clinton will sign the bill into law on Veterans Day, on 
Tuesday.''
  I want to indicate that under the sentencing guidelines which I 
mentioned, in case it has not been made a part of the Record, it gives 
guidelines to the judges, directing them to increase the penalties for 
convictions of theft and vandalism at the national cemeteries. The 
measure before us would set prison terms for up to 10 years for anyone 
convicted of vandalism causing more that $1,000 damage and up to 15 
years for thefts at the national cemeteries.
  I would like to conclude, Mr. Speaker, by indicating that today we 
are voting to send that message that we will not forget the sacrifices 
made by those who made the ultimate sacrifice and that we will not 
tolerate further desecration of our Nation's cemeteries.
  Mr. McCOLLUM. Mr. Speaker, I yield 2 minutes to the gentleman from 
New York [Mr. Gilman].
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I rise today in strong support of the 
Veterans Cemetery Protection Act. I commend the gentleman from 
California [Mr. Calvert] and the gentleman from Hawaii [Mr. 
Abercrombie] and the gentleman from Florida [Mr. McCollum] for bringing 
this measure to the floor at this time.
  This bill tightens penalties for any offence against properties of 
national veterans' cemeteries. Current statutes do not include any 
sentencing guidelines for theft, vandalism, or desecration of national 
cemeteries, only generic provisions against damaging Federal property.
  In the wake of several incidents of theft, vandalism, and 
desecration, as has been enumerated by our colleagues today, at 
national cemeteries last year in California, Hawaii, New Jersey, and 
other States, I think it is appropriate that we penalize those who have 
perpetrated these acts of crime to deter this kind of reprehensible 
behavior. We owe no less to those who gave so much for all of us.
  Accordingly, I urge our colleagues to join in support of this worthy 
measure.
  Mr. NADLER. Mr. Speaker, I yield back the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida [Mr. McCollum] that the House suspend the rules 
and pass the Senate bill, S. 813.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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