[House Report 108-112]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-112
HOUSE OF REPRESENTATIVES
1st Session Part 1
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VETERANS' MEMORIAL PRESERVATION AND
RECOGNITION ACT OF 2003
_______
May 19, 2003.--Ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany S. 330]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (S. 330) to further the protection and recognition of
veterans' memorials, and for other purposes, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Vote of the Committee............................................ 3
Committee Oversight Findings..................................... 3
Performance Goals and Objectives................................. 3
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Constitutional Authority Statement............................... 5
Section-by-Section Analysis and Discussion....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Committee Jurisdiction Letters................................... 6
Markup Transcript................................................ 7
Purpose and Summary
S. 330, the ``Veterans' Memorial Preservation and
Recognition Act of 2003'' amends title 18 of the United States
Code. S. 330 would create a new Federal offense for willfully
injuring or destroying of any structure, plaque, statue, or
other monument on public property commemorating the service of
any person or persons in the Armed Forces of the United States
or attempting to do so. S. 330 provides for a criminal fine or
imprisonment of up to 10 years for those found guilty of these
offenses.
Attacks against Federal cemeteries and commemorative
memorials affront the memory of those who sacrificed for our
country and undermine our collective commitment to honor their
service. The abhorrent nature of these offenses requires a
specific criminal penalty for their commission. S. 330 meets
this requirement by creating a specific Federal crime for
vandalism or destruction of property at these facilities.
Background and Need for the Legislation
NATIONAL CEMETERIES IN THE UNITED STATES
The National Cemetery System was established by Congress in
1862 to provide for the purchase of grounds ``to be used as a
national cemetery for the soldiers who shall die in the service
of the country.'' \1\ The Department of Veterans Affairs
National Cemetery Administration (NCA) maintains 120 national
cemeteries in 39 States and Puerto Rico.\2\ The NCA currently
maintains over 2.5 million grave sites which cover more than
13,500 acres.\3\ S. 330 would create enhanced criminal
penalties for injuring or destroying property at these
facilities or attempting to do so.
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\1\ Confiscation Act of July 17 1862 Sec. 18, 12 Stat. 589 (1862).
\2\ Department of Veterans Affairs, History and Development of the
National Cemetery Administration, Department of Veterans Affairs, May
6, 2003, http://www.va.gov/opa/fact/docs/vafacts.htm
\3\ Id.
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FEDERAL CRIMINAL JURISDICTION OVER NATIONAL CEMETERIES
During Committee consideration of similar legislation (H.R.
1442, the ``Veterans' Cemetery Protection Act'') during the
105th Congress, the Department of Justice concluded that
``Federal control of the cemeteries . . . establishes an
adequate Federal nexus to support Federal jurisdiction.'' \4\
However, Federal authorities may defer to State and local
investigation and prosecution if conditions favor a non-Federal
response. State and local authorities play a critical law
enforcement role at NCA facilities. Most crimes at national
cemeteries are minor and prosecuted under the concurrent
jurisdiction of State or local law enforcement agencies. Local
investigation and prosecution may be desirable for a number of
reasons: local authorities may be in a superior position to
identify local offenders who may have a history of similar
local offenses; local police are likely to respond in a more
timely manner to criminal activity; and perpetrators may be in
violation of parole for State convictions, which might provide
additional charges for State or local prosecutors.\5\
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\4\ See H.R. Rep. No. 105-142, at 6.
\5\ Id. at 3.
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VANDALISM AND DESECRATION OF NATIONAL CEMETERIES
Over the last several years, there have been several
serious acts of vandalism at national cemeteries. One of the
most egregious occurrences took place in 1997, when vandals
scrawled racist and profane statements at seven national
cemeteries in Hawaii including: the Hawaii Veterans Cemetery of
Kaneohe; National Memorial Cemetery of the Pacific at
Punchbowl; Valley of the Temples; Hawaiian Memorial Park; Oahu
Cemetery; Nuuanu Memorial Park; and Honolulu Memorial Park.\6\
During this attack, vandals desecrated chapels, grave markers,
and tombs causing several thousand dollars in damage. A year
after these attacks, those responsible had not been
aprehended.\7\
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\6\ Linda Aragon, Defacement Cleaned Up in Kaneohe, Punchbowl Will
Take Longer, Hon. Star Bulletin, April 22, 1997, at 1.
\7\ Rod Ohira, No Leads Turn Up in Cemetery Case, Hon. Star
Bulletin, April 14, 1998, at 1.
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FEDERAL LEGISLATION
In 1997, Congress passed legislation to enhance penalties
for acts of vandalism at Federal cemeteries.\8\ As introduced,
this legislation would have created a new Federal crime of
``vandalism at national cemeteries.'' \9\ The new offense,
which was similar to existing prohibitions for the destruction
of other types of Federal property, would have enhanced
criminal penalties for injuring or destroying property located
within Federal cemeteries. As enacted, however this legislation
required the Sentencing Commission to amend the sentencing
guidelines to provide a sentencing enhancement of two levels
for any offense against the property of a Federal cemetery.\10\
In 1998, the Sentencing Commission issued these guidelines.\11\
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\8\ Veterans' Cemetery Protection Act of 1997, Public Law No. 105-
101 (1997).
\9\ Veterans' Cemetery Protection Act of 1997, S. 813, 105th Cong.
Sec. 2 (1997); Veterans' Cemetery Protection Act of 1997, H.R. 1532,
105th Cong. Sec. 2 (1997).
\10\ Supra, note 8, Sec. 2.
\11\ 63 Fed. Reg. 28, 202-03 (May 21, 1998).
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Hearings
There were no Committee hearings on S. 330.
Committee Consideration
On May 7, 2003, the Committee met in open session and
ordered favorably reported the bill S. 330, without amendment
by voice vote, a quorum being present.
Vote of the Committee
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that during
full Committee consideration of S. 330 the Committee took no
rollcall votes.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports 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.
Performance Goals and Objectives
S. 330 does not authorize funding. Therefore, clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives is inapplicable.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House rule XIII 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 S. 330, 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 8, 2003.
Hon. F. James Sensenbrenner, 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 S. 330, the ``Veterans'
Memorial Preservation and Recognition Act of 2003.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Melissa E.
Zimmerman.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 330--Veterans' Memorial Preservation and Recognition Act of 2003
S. 330 would establish criminal and civil penalties for
desecration of veterans' memorials located on public property,
if committing such acts involve interstate or foreign travel or
use of the mail, or if the memorial is located on property
owned by, or under the jurisdiction of, the Federal Government.
CBO estimates that enacting this legislation would increase
direct spending and revenues, but by an insignificant amount in
each year.
Because those prosecuted and convicted under the act could
be subject to criminal fines, the Government might collect
additional fines if this legislation is enacted. Collections of
such fines are recorded in the budget as governmental receipts
(i.e., revenues), which are deposited in the Crime Victims Fund
and later spent. Any additional collections and spending from
enacting S. 330 would not be significant because of the small
number of cases likely to be affected.
S. 330 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
On March 25, 2003, CBO transmitted a cost estimate for S.
330, the ``Veterans' Memorial Preservation and Recognition Act
of 2003,'' as ordered reported by the Senate Committee on the
Judiciary on March 20, 2003. The two versions of the
legislation are identical, as are the two estimates.
The CBO staff contact is Melissa E. Zimmerman. This
estimate was approved by Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
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.
Section-by-Section Analysis and Discussion
Section 1. Short Title
Section 1 titles the bill the ``Veterans' Memorial
Preservation and Recognition Act of 2003.''
Section 2. Criminal Penalties for Destruction of Veterans' Memorials
Section 2 amends chapter 65 of title 18 to create a new
section 1369 titled ``Destruction of veterans' memorials.''
This section provides that anyone who willfully injures or
destroys, or attempts to injure or destroy, any structure,
plaque, statue, or other monument on public property
commemorating the service of any person or persons in the armed
forces of the United States shall be fined under this title,
imprisoned not more than 10 years, or both. Section 2 further
specifies that these criminal penalties shall attach when a
defendant travels or causes another to travel in interstate or
foreign commerce to commit this crime, uses an instrumentality
of interstate commerce to commit the crime, or when the
structure, plaque or statue commemorating military service to
the United States is located on, owned by, or under the
jurisdiction of the United States. Section 2 also makes
technical corrections to title 18 to reflect this change.
Section 3. Highway Signs Relating to Veterans' Cemeteries
This section states that Federal veterans' cemeteries shall
be treated as a site for which a supplemental guide sign may be
place on any Federal-aid highway. This provision shall apply to
agreements entered into before, on, or after the date of
enactment.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
CHAPTER 65 OF TITLE 18, UNITED STATES CODE
CHAPTER 65--MALICIOUS MISCHIEF
Sec.
1361. Government property or contracts.
* * * * * * *
1369. Destruction of veterans' memorials.
* * * * * * *
Sec. 1369. Destruction of veterans' memorials
(a) Whoever, in a circumstance described in subsection (b),
willfully injures or destroys, or attempts to injure or
destroy, any structure, plaque, statue, or other monument on
public property commemorating the service of any person or
persons in the armed forces of the United States shall be fined
under this title, imprisoned not more than 10 years, or both.
(b) A circumstance described in this subsection is that--
(1) in committing the offense described in
subsection (a), the defendant travels or causes another
to travel in interstate or foreign commerce, or uses
the mail or an instrumentality of interstate or foreign
commerce; or
(2) the structure, plaque, statue, or other
monument described in subsection (a) is located on
property owned by, or under the jurisdiction of, the
Federal Government.
Committee Jurisdictional Letters
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, May 19, 2003.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary, House of Representatives, Rayburn
House Office Building, Washington, DC.
Dear Chairman Sensenbrenner: I am writing with regard to S.
330, the Veteran's Memorial Preservation and Recognition Act of
2003. As you know, the Committee on Transportation and
Infrastructure was named as an additional Committee on
jurisdiction.
I recognize your desire to bring this important bill before
the House in an expeditious manner. Accordingly, I will not
exercise my Committee's right to mark up the legislation. By
agreeing to waive its consideration of the bill, however, the
Committee on Transportation and Infrastructive does not waive
its jurisdiction over S. 330. In addition, the Transportation
and Infrastructure Committee reserves its right to seek
conferees on provisions of the bill are within its jurisdiction
during any House-Senate conference that may be convened on this
legislation. I ask for your commitment to support any request
by the Transportation and Infrastructure Committee for
conferees on S. 330.
I request that you include a copy of our exchange of
letters in your Committee's Report on S. 330 and in the
Congressional Record during consideration on the House Floor.
Thank you.
Sincerely,
Don Young,
Chairman.
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House of Representatives,
Committee on the Judiciary,
Washington, DC, May 19, 2003.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure, Washington,
DC.
Dear Chairman Young: This letter responds to your letter
dated May 19, 2003 concerning S. 330, the ``Veterans' Memorial
Preservation and Recognition Act of 2003.''
I agree that the bill contains matters within the
Transportation and Infrastructure Committee's jurisdiction and
appreciate your willingness to be discharged from further
consideration of S. 330 so we may proceed to the floor. I
acknowledge that by being discharged, your committee in no way
waives its jurisdiction over these matters.
Pursuant to your request, a copy of your letter and this
letter will be included in the Committee on the Judiciary's
report on S. 330 and in the Congressional Record during House
floor consideration of the bill. I appreciate your attention to
this matter.
Sincerely,
F. James Sensenbrenner, Jr.,
Chairman.
------
Markup Transcript
BUSINESS MEETING
WEDNESDAY, MAY 7, 2003
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:00 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
[Intervening business.]
Chairman Sensenbrenner. The next item on the agenda,
pursuant to notice, I now call up the bill S. 330, the
``Veterans' Memorial Preservation Recognition Act of 2003,''
for purposes of markup and move its favorable recommendation to
the full House.
Without objection, the bill will be considered as read and
open for amendment at any point.
[The bill, S. 330, follows:]
Chairman Sensenbrenner. And the Chair recognizes himself
for 5 minutes to explain the bill.
The bill will establish specific criminal penalties for the
willful destruction of Federal property commemorating services
of America's Armed Forces. Unlike other acts of theft and
vandalism, the attacks against Federal cemeteries and veterans
memorials uniquely affront the memory of those who sacrificed
for our freedom and undermine our collective commitment to
honor their service.
The egregious nature of these crimes necessitates a swift
and decisive Federal response. The bill provides that anyone
who willfully injures or destroys or attempts to destroy a
property that commemorates service in our Armed Forces shall be
imprisoned for up to 10 years and fined an amount equal to the
cost of repairing damages stemming from these acts.
In 1997 Congress passed legislation that directed the
Sentencing Commission to enhance penalties for the destruction
of property on Federal cemeteries. However, unlike this earlier
legislation, this bill specifically recognized the abhorrent
nature of these offenses by establishing a new Federal crime
for injuring or destroying veterans memorials.
The bill was reported by the full Senate Judiciary
Committee, without amendment, and passed the full Senate under
unanimous consent.
I can think of few times in recent memory when this
legislation would be more timely and appropriate, and I urge
your support. Yield back the balance of my time.
The gentleman from Virginia.
Mr. Scott. Mr. Chairman, I think you indicated it is up to
10 years. What is the Sentencing Commission doing with this
type of crime now, if the Chairman knows?
Chairman Sensenbrenner. If the gentleman will yield, it is
an enhancement of two levels upward. What this bill does is it
creates a specific Federal crime for this type of activity.
Mr. Scott. And the Sentencing Commission would have
guidelines for the violation of this specific sentencing
action?
Chairman Sensenbrenner. The answer is no, this is a
specific Federal predicate.
Mr. Scott. If someone violated this, where would we go to
find out what the penalty would be?
Chairman Sensenbrenner. If the gentleman will yield, the
Sentencing Commission ultimately will issue guidelines.
Mr. Scott. Thank you, Mr. Chairman, and I yield back.
Chairman Sensenbrenner. Without objection, all Members may
include opening statements in the record at this point.
Are there amendments? Are there amendments? There being no
amendments, a reporting quorum is still not present. Without
objection, the previous question is ordered on reporting the
bill favorably.
[Intervening business.]
The unfinished business is the bill S. 330, the ``Veterans'
Memorial Preservation and Recognition Act.'' The Chair notes
the presence of a reporting quorum. The question is on
reporting the bill favorably.
Those in favor will signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it, and the
motion to report favorably is agreed to.
Without objection, the Chair is authorized to move to go to
conference pursuant to House rules. Without objection, the
staff is authorized to make technical and conforming changes,
and all Members will be given 2 days, pursuant to House rules,
in which to submit additional supplemental, minority or
dissenting views.