I
107TH CONGRESS
1ST SESSION
H. R. 3335
To further the protection and recognition of veterans’ memorials, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 2001
Mr. UDALL of Colorado introduced the following bill; which was referred to
the Committee on Veterans’ Affairs, and in addition to the Committees
on the Judiciary, and Transportation and Infrastructure, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To further the protection and recognition of veterans’
memorials, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Veterans’ Memorial
Preservation and Recognition Act of 2001’’.
SEC. 2. VETERANS’ MEMORIAL RESTORATION FUND.
(a) ESTABLISHMENT.—Part VI of title 38, United
States Code, is amended by adding at the end the fol-
lowing new chapter:
‘‘CHAPTER 87—MISCELLANEOUS MATTERS
‘‘Sec.
‘‘8701. Grants to provide for repair and upkeep of veterans memorials on public
property.
‘‘§ 8701. Grants to provide for repair and upkeep of
veterans memorials on public property
‘‘(a) The Secretary may make grants for the fol-
lowing purposes:
‘‘(1) To cover the costs of the repair or restora-
tion of any injury or depredation to a veterans’ me-
morial on public property.
‘‘(2) To cover any other cost associated with
the repair, restoration, maintenance, or upkeep of
veterans’ memorials on public property.
‘‘(b) A grant under subsection (a) with respect to a
veterans’ memorial shall be made to the individual or enti-
ty that has authority or responsibility for the upkeep and
maintenance of the memorial. Any such grant shall be in
such manner and in accordance with such criteria as the
Secretary may prescribe.
‘‘(c) Except as otherwise provided by law, a grant
under this section shall be made from amounts in the fund
established under subsection (d).
‘‘(d)(1) There is established on the books of the
Treasury a fund to be known as the ‘Veterans’ Memorial
Restoration Fund’ (in this subsection referred to as the
‘Fund’).
‘‘(2) There shall be deposited in the Fund amounts
as follows:
‘‘(A) Amounts appropriated to the Fund.
‘‘(B) Amounts collected as civil penalties under
section 1369(b) of title 18.
‘‘(C) Amounts donated to the United States for
purposes of deposit in the Fund.
‘‘(D) Any other amounts transferred to the
Fund under law.
‘‘(3) Amounts in the Fund are available for the pur-
pose of making grants under this section. Such amounts
may not be used for any other purpose.
‘‘(e) Amounts in the Fund are in addition to any
other amounts available to the Secretary for purposes of
the repair, restoration, maintenance, or upkeep of vet-
erans’ memorials.
‘‘(f) In this section, the term ‘veterans’ memorial’
means a structure, plaque, statue, or other monument
commemorating the service of any person or persons in
the Armed Forces.’’.
(b) CLERICAL AMENDMENTS.—The tables of chap-
ters at the beginning of title 38, United States Code, and
at the beginning of part VI of that title, are each amended
by adding at the end the following new item:
‘‘87. Miscellaneous Matters ............................................................ 8701’’.
SEC. 3. CRIMINAL AND CIVIL PENALTIES FOR DESECRA-
TION OF VETERANS’ MEMORIALS.
(a) IN GENERAL.—Chapter 65 of title 18, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1369. Desecration of veterans’ memorials on public
property
‘‘(a) Whoever, in a circumstance described in sub-
section (c), willfully damages a veterans’ memorial on pub-
lic property shall be punished—
‘‘(1) if the cost of repairing the damage to such
memorial exceeds the sum of $1,000, by a fine under
this title or imprisonment for not more than 10
years, or both; and
‘‘(2) if the cost of repairing the damage to such
memorial does not exceed the sum of $1,000, by a
fine under this title or imprisonment for not more
than one year, or both.
‘‘(b)(1) Whoever violates subsection (a) shall be sub-
ject to a civil penalty in an amount equal to the cost of
repairing the damages upon which the violation is based.
‘‘(2) A civil penalty for an offense under this sub-
section is in addition to any fine or penalty for the offense
under subsection (a) or any other provision of law.
‘‘(3) Amounts collected under this subsection shall be
deposited in the Veterans’ Memorial Restoration Fund
under section 8701 of title 38.
‘‘(c) The circumstance referred to in subsection (a)
is that, in violating that subsection, the defendant—
‘‘(1) travels or causes another to travel in inter-
state or foreign commerce; or
‘‘(2) uses the mail or an instrumentality of
interstate or foreign commerce.
‘‘(d) As used in this section, the term ‘veterans’ me-
morial’ means a structure, plaque, statue, or other monu-
ment commemorating the service of any person or persons
in the Armed Forces of the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 65 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘1369. Desecration of veterans’ memorials.’’.
SEC. 4. HIGHWAY SIGNS RELATING TO VETERANS CEME-
TERIES.
(a) IN GENERAL.—Notwithstanding the terms of any
agreement entered into by the Secretary of Transportation
and a State under section 109(d) or 402(a) of title 23,
United States Code, a veterans cemetery shall be treated
as a site for which a supplemental guide sign may be
placed on any Federal-aid highway.
(b) APPLICABILITY.—Subsection (a) shall apply to an
agreement entered into before, on, or after the date of the
enactment of this Act.
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