[DOCID: f:hr647.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-647
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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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