I

104TH CONGRESS

2D SESSION H. R. 3901

To amend title 18, United States Code, to create criminal penalties for

theft and malicious vandalism at national cemeteries.

IN THE HOUSE OF REPRESENTATIVES

JULY 25, 1996

Mr. CALVERT (for himself, Mr. BOEHNER, Mr. SOLOMON, Mr. STUMP, Mr.

MONTGOMERY, Mr. MCCOLLUM, Mr. LEWIS of California, Mr. WALKER,

Mr. MOORHEAD, Mr. HOKE, Mr. BUYER, Mr. MORAN, Mr. SAM JOHNSON of Texas, Mr. CHRISTENSEN, Mr. COX of California, Mr. HUNTER,

Mr. MCKEON, Mr. BREWSTER, Mr. CHAMBLISS, Mr. ACKERMAN, Mr.

SAXTON, Mr. KIM, Mr. ENGLISH of Pennsylvania, Mr. WATTS of Oklahoma, Mr. EWING, Mr. HORN, Mr. BONILLA, Mr. BILBRAY, Mr.

HAYWORTH, Mr. LIGHTFOOT, Mr. ROEMER, Mr. BROWN of California,

Mr. GILCHREST, Mr. CUNNINGHAM, Mr. RAMSTAD, Mrs. SEASTRAND,

Mr. FALEOMAVAEGA, and Mr. TORRICELLI) introduced the following bill;

which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to create criminal

penalties for theft and malicious vandalism at national

cemeteries.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Veterans’ Cemetery

5 Protection Act of 1996’’.
2

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1 SEC. 2. VANDALISM AT NATIONAL CEMETERIES.

2 (a) IN GENERAL.—Chapter 91 of title 18, United

3 States Code, is amended by adding at the end the follow4 ing new section:

5 ‘‘§ 1865. Vandalism and theft at national cemeteries

6 ‘‘(a) Whoever maliciously injures or commits any dep7 redation against any property of a national cemetery, or

8 attempts to commit any of the foregoing offenses, shall

9 be punished as follows:

10 ‘‘(1) If the damage or attempted damage to

11 such property exceeds the sum of $100, by a fine

12 under this title or imprisonment for not more than

13 ten years, or both.

14 ‘‘(2) If the damage or attempted damage to

15 such property does not exceed the sum of $100, by

16 a fine under this title or by imprisonment for not

17 more than one year, or both.

18 ‘‘(b) Whoever—

19 ‘‘(1) steals or knowingly converts to his use or

20 the use of another any property of a national ceme21 tery,

22 ‘‘(2) without authority, sells, conveys, or dis23 poses of any property of a national cemetery, or

24 ‘‘(3) receives, conceals, or retains any property

25 of a national cemetery with intent to convert such
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1 property to his use or gain, knowing such property

2 to have been stolen or converted,

3 shall be punished by a fine under this title or by imprison4 ment for not more than 15 years, or both.

5 ‘‘(c) For the purposes of this section, the term ‘na6 tional cemetery’ means a cemetery in the National Ceme7 tery System established under section 2400 of title 38 and

8 a cemetery under the jurisdiction of the Secretary of the

9 Army, the Secretary of the Navy, the Secretary of the Air

10 Force, or the Secretary of the Interior.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections

12 at the beginning of chapter 91 of title 18, United States

13 Code, is amended by inserting after the item relating to

14 section 1864 the following new item:

‘‘1865. Vandalism and theft at national cemeteries.’’.

Æ