[Congressional Record Volume 154, Number 82 (Monday, May 19, 2008)]
[House]
[Pages H4109-H4111]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               LET OUR VETERANS REST IN PEACE ACT OF 2008

  Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3480) to direct the United States Sentencing 
Commission to assure appropriate enhancements of those involved in 
receiving stolen property where that property consists of grave markers 
of veterans, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3480

       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 ``Let Our Veterans Rest in 
     Peace Act of 2008''.

     SEC. 2. FINDINGS AND DECLARATION.

       The Congress finds and declares that--
       (1) every cemetery should do all it can to protect each 
     grave marker, headstone, monument, or other object, intended 
     to permanently mark a grave;
       (2) every citizen of the United States should be watchful 
     and mindful of desecrations of any gravesite and report any 
     such suspected behavior to local, State, or Federal law 
     enforcement authorities; and
       (3) all citizens, including veterans, have earned the right 
     to rest in peace.

     SEC. 3. DIRECTION TO THE SENTENCING COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review and, if appropriate, amend 
     the Federal sentencing guidelines and policy statements to 
     ensure the guidelines and policy statements provide adequate 
     sentencing enhancements for any offense involving the 
     desecration, theft, or trafficking in, a grave marker, 
     headstone, monument, or other object, intended to permanently 
     mark a veteran's grave.
       (b) Commission Duties.--In carrying out this section, the 
     Sentencing Commission shall--
       (1) ensure that the sentences, guidelines, and policy 
     statements relating to offenders convicted of these offenses 
     are appropriately severe and reasonably consistent with other 
     relevant directives and other Federal sentencing guidelines 
     and policy statements;
       (2) make any necessary conforming changes to the Federal 
     sentencing guidelines; and
       (3) assure that the guidelines adequately meet the purposes 
     of sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentleman from Iowa (Mr. King) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Virginia.

                              {time}  1600


                             General Leave

  Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
exclude extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, Memorial Day is a solemn time when we, as a Nation, 
commemorate the ultimate sacrifice that our brave men and women in 
uniform have made for us. Sadly, there are

[[Page H4110]]

those who, despicable as it may be, desecrate the grave sites of these 
heroes. In cemeteries across our Nation, thieves have even looted the 
metal parts of grave markers and sold them for scrap metal.
  Accordingly, Mr. Speaker, I rise in support of H.R. 3480, the Let Our 
Veterans Rest in Peace Act, which will protect and honor the final 
resting places of our Nation's veterans. This bill will ensure that 
penalties are in place so that these despicable thieves are 
appropriately punished and would-be thieves are effectively deterred.
  Specifically, the bill directs the U.S. Sentencing Commission to 
review its guidelines in order to provide a fitting sentence for all 
offenses involving the desecration of, theft of, or trafficking in a 
grave marker, monument, headstone, or other object that had permanently 
marked a veteran's grave site.
  I commend our colleague, the gentleman from Pennsylvania (Mr. 
Carney), for his leadership in this unfortunately necessary measure.
  I urge my colleagues to support this important legislation, 
particularly as we prepare for the solemn observance of Memorial Day. 
These veterans have sacrificed greatly for us, and they deserve no less 
than the highest honor and dignity for their final resting places.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KING of Iowa. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 3480, the Let Our Veterans Rest in Peace Act, 
provides increased penalties for the desecration of the graves of 
America's fallen soldiers.
  It is fitting that we consider this bill today on the eve of Memorial 
Day, a national holiday to honor those who died in defense of our 
country. Sadly, last Memorial Day weekend in Washington State, the 
graves of 97 war veterans were desecrated. American flags honoring 
those men and women were burned or replaced with homemade swastika 
flags.
  Last year, in Luzerne County, Pennsylvania, over 700 markers were 
stolen from the graves of American soldiers. These bronze plaques and 
flag holders were placed at every veteran's grave as a memorial to 
honor their service. In Texas, the grave of Purple Heart recipient 
Lance Corporal Jeremy Burris was desecrated only 2 days after his 
burial. Flower arrangements, personal notes, and flags decorating the 
grave site were torn down and destroyed. All of this destruction to 
steal and sell wire flower stands.
  In Georgia, a bronze statue depicting a Marine's boots, rifle and 
helmet was ripped out of the ground at the grave site of Corporal John 
Stalvey. Other graves have also been vandalized to steal the bronze 
plates traditionally placed on the grave sites of fallen service men 
and women.
  With the price of bronze on the rise, thieves are stealing these 
markers to sell as scrap metal. The cost of brass markers has risen to 
$28 each. Some counties cannot afford to replace the metal markers, so 
they are being forced to turn to cheaper aluminum markers.
  Whether these acts are motivated by greed or protest, destroying the 
grave of any person, let alone those who have died fighting for our 
country, is inexcusable, and these crimes must be met with swift and 
strong punishment.
  Mr. Speaker, the desecration of these graves not only disrespects the 
men or women that rest there, it dishonors those serving in our Armed 
Forces today. H.R. 3480, the Let Our Veterans Rest in Peace Act, 
directs the U.S. Sentencing Commission to review and amend its 
sentencing guidelines to provide a sentencing enhancement for any 
offense involving the desecration or theft of, or trafficking in, grave 
markers of veterans.
  Our Nation's fallen heroes fought and died for their country, for our 
country, and their memories deserve better. I urge my colleagues to 
support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as she may 
consume to the gentlelady from Texas (Ms. Jackson-Lee), a member of the 
Judiciary Committee.
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. I thank the distinguished gentleman from 
Virginia.
  It is of great necessity that we rise today to stand against this 
horrible and devastating act, and that is, the desecration of our 
veterans' or our fallen soldiers' graves. So I rise in support of H.R. 
3480, the Let Our Veterans Rest in Peace Act of 2008, in honor and 
tribute to Jeremy Burris of Texas, whose grave site was desecrated.
  Might I also suggest that on the eve of the commemoration of Memorial 
Day, when we acknowledge and honor and pay tribute to our fallen 
soldiers, this is enormously important legislation. Because the 
desecration of veterans' graves is becoming so pervasive, States have 
acted by replacing the stolen markers with aluminum markers instead of 
the brass and bronze markers they once used. How insulting, how low. 
And so it is important that this Congress say to the American people, 
and those who would do such dastardly deeds, we will accept it no more.
  With the price of aluminum sharply on the rise, it is expected that 
aluminum that is being utilized instead of the bronze may also be 
stolen. So this important legislation is asking for enhanced penalties 
to make a very strong statement that this is an intolerable act and an 
unacceptable act.
  As we mourn our most recent dead, those who have fallen in Iraq, how 
much more can families tolerate to know that they buried their loved 
ones, and then someone desecrated their graves?
  It is important that this legislation pass today to recognize again 
the great debt of gratitude and the great debt of appreciation that we 
owe our fallen soldiers.
  As the great British leader, Winston Churchill, famously stated, 
``Never in the field of human conflict was so much owed by so many to 
so few.''
  We owe, many of us, all of us, so much to the few who have fallen on 
behalf of this great Nation. And so I support, enthusiastically, the 
legislation sponsored by our good friend, Representative Carney from 
Pennsylvania, the Let Our Veterans Rest in Peace Act of 2008. Let this 
be an important statement that we will not tolerate the continuation of 
such desecration.
  Mr. Speaker, I rise today in support of H.R. 3480, the ``Let Our 
Veterans Rest in Peace Act of 2008.''
  This important piece of legislation is an effort to stop the theft of 
Veterans' grave markers. Increasingly, these grave markers are being 
sold to scrap yards and recycling centers as scrap metal. The bill 
directs the Sentencing Commission to review and enhance the laws that 
currently protect Veteran grave markers.
  Because the desecration of veterans' graves is becoming so pervasive, 
States have acted by replacing the stolen markers with aluminum markers 
instead of the brass and bronze markers they once used. However, with 
the price of aluminum sharply on the rise, it is expected that these 
will soon be stolen also.
  The May Our Veterans Rest in Peace Act of 2008 will bring attention 
to this issue and increase penalties for this crime so that thieves no 
longer consider robbing grave markers for scrap metal as easy money and 
will think twice about desecrating the tombstone of a fallen war 
veteran.
  I firmly believe that we should celebrate our veterans after every 
conflict, and I remain committed, as a Member of Congress, to ensuring 
that we respect our fallen veterans. Veterans have kept their promise 
to serve our Nation; they have willingly risked their lives to protect 
the country we all love. We must now ensure that we keep our promises 
to our veterans.
  Currently, there are 25 million veterans in the United States. There 
are more than 1,633,000 veterans living in Texas and more than 32,000 
veterans living in my Congressional district alone. On this Veterans 
Day, I hope we will all take the time to show appreciation to those who 
have answered the call to duty. As the great British leader Winston 
Churchill famously stated, ``Never in the field of human conflict was 
so much owed by so many to so few.''
  With the approval of legislation on June 1, 1954, November 11th 
became a day to honor American veterans of all wars. Later that same 
year, on October 8th, President Dwight D. Eisenhower, himself a 
decorated veteran of war, issued the first ``Veterans Day 
Proclamation'' which stated in part: ``In order to insure proper and 
widespread observance of this anniversary, all veterans, all veterans' 
organizations, and the entire citizenry will wish to join hands in the 
common purpose.'' It was with that endearing spirit that America 
celebrated the first Veterans Day.

[[Page H4111]]

  We must always remember the debt that we owe our fallen veterans that 
have paid the ultimate sacrifice. From the four surviving World War I 
veterans known to be living in the United States, to the over 300,000 
veterans of Operation Enduring Freedom and Operation Iraqi Freedom we 
expect to see by the end of 2008. Our gratitude must continue to be 
unwavering to our fallen soldiers and veterans.
  In the words of President John F. Kennedy, ``As we express our 
gratitude, we must never forget that the highest appreciation is not to 
utter words, but to live by them.'' It is not simply enough to sing the 
praises of our Nation's great veterans; I firmly believe that we must 
demonstrate by our actions how proud we are of our American heroes.
  I urge my colleagues to support this important legislation. I believe 
it is necessary for the Nation to act now so that we all can pay 
respect, tribute, and homage to the lives of the fallen armed services 
veterans who have fought to keep America free and have fought to make 
sure that all people and nations partake in the universal freedoms that 
we find so important in this country. These individuals have given so 
much and have paid us the ultimate sacrifice: the sacrifice of their 
lives. The least that we can do, is ensure that these veterans rest 
eternally in peace and that their grave markers are not stolen for the 
profit of a few. I urge my colleagues to support this bill.
  Mr. KING of Iowa. Mr. Speaker, again, I support this bill in its 
entirety. It is a time that has come. I urge its adoption.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I hope that the House will pass 
the legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Salazar). The question is on the motion 
offered by the gentleman from Virginia (Mr. Scott) that the House 
suspend the rules and pass the bill, H.R. 3480, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. KING of Iowa. 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 8 of rule XX 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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