[House Report 110-647]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-647

======================================================================



 
               LET OUR VETERANS REST IN PEACE ACT OF 2008

                                _______
                                

  May 15, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3480]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred 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, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Constitutional Authority Statement...............................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          Purpose and Summary

    H.R. 3480, the ``Let Our Veterans Rest in Peace Act of 
2008,'' is intended to stop the theft of veterans' grave 
markers, which are being sold to scrap yards and recycling 
centers as scrap metal. The bill directs the Sentencing 
Commission to review and make appropriate enhancements to the 
penalties that currently pertain for violating laws that 
protect these markers.

                Background and Need for the Legislation

    Desecrating veterans' graves is a widespread and national 
problem. In one Pennsylvania county alone, more than 700 
markers were stolen in 2007. Many States have responded to this 
problem by replacing stolen markers with aluminum markers 
instead of the brass and bronze markers they once used. With 
the price of aluminum sharply on the rise, however, it is 
expected that these will soon be stolen as well. H.R. 3480 
increases the penalties for this crime so that potential 
thieves will be deterred.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
3480.

                        Committee Consideration

    On May 13, 2008, the Subcommittee on Crime, Terrorism, and 
Homeland Security met in open session and ordered the bill, 
H.R.3480, favorably reported by voice vote without amendment, a 
quorum being present. On May 14, 2008, the Committee met in 
open session and ordered the bill, H.R. 3480, favorably 
reported with an amendment by voice vote, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 3480.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3480, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 15, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3480, the Let Our 
Veterans Rest in Peace Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Leigh Angres, 
who can be reached at 226-2860.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 3480--Let Our Veterans Rest in Peace Act of 2008.
    H.R. 3480 would require the United States Sentencing 
Commission to review and, if necessary, amend the Federal 
sentencing guidelines for offenses involving the desecration, 
theft, or trafficking of veterans' grave markers or headstones. 
CBO estimates that implementing this bill would have no 
significant effect on the Federal budget. Enacting H.R. 3480 
would not affect direct spending or revenues.
    H.R. 3480 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of State, local, or tribal 
governments.
    The CBO staff contact for this estimate is Leigh Angres, 
who can be reached at 226-2860. The estimate was approved by 
Theresa Gullo, Deputy Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3480 will encourage appropriate punishment for stealing metal 
from veterans' graves and thereby serve to deter such grave 
desecrations.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, Section 8 of the Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3480 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short Title. Section 1 sets forth the short title 
of the bill as the ``Let Our Veterans Rest in Peace Act of 
2008.''
    Sec. 2. Findings and Declarations. Section 2 sets forth 
certain findings and declarations establishing the basis for 
the legislation.
    Sec. 3. Direction to the Sentencing Commission. Section 3 
requires that the U.S. Sentencing Commission, pursuant to its 
authority under section 994 of title 28 of the United States 
Code, to review and amend the Federal Sentencing Guidelines to 
provide a sentencing enhancement for any offense involving the 
desecration of, theft of, or trafficking in, a grave marker, 
monument, headstone, or any other object intended to 
permanently mark a veteran's grave.

                                  
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