Home > 105th Congressional Public Laws > Pub.L. 105-102 To codify without substantive change laws related to transportation and to improve the United States Code. <> ...

Pub.L. 105-102 To codify without substantive change laws related to transportation and to improve the United States Code. <> ...


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[[Page 111 STAT. 2202]]

Public Law 105-101
105th Congress

                                 An Act


 
To amend chapter 91 of title 18, United States Code, to provide criminal 
penalties for theft and willful vandalism at national cemeteries. <<NOTE:  
                      Nov. 19, 1997 -  [S. 813]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Veterans' 
Cemetery Act of 1997.>> 

SECTION 1. SHORT TITLE. <<NOTE: 28 USC 994 note.>> 

    This Act may be cited as the ``Veterans' Cemetery Protection Act of 
1997''.

SEC. 2. <<NOTE: 28 USC 994 note.>> SENTENCING FOR OFFENSES AGAINST 
            PROPERTY AT NATIONAL CEMETERIES.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review and amend the Federal sentencing guidelines to provide a 
sentencing enhancement of not less than 2 levels for any offense against 
the property of a national cemetery.
    (b) Commission Duties.--In carrying out subsection (a), the 
Sentencing Commission shall ensure that the sentences, guidelines, and 
policy statements for offenders convicted of an offense described in 
that subsection are--
            (1) appropriately severe; and
            (2) reasonably consistent with other relevant directives and 
        with other Federal sentencing guidelines.

    (c) Definition of National Cemetery.--In this section, the term 
``national cemetery'' means a cemetery--
            (1) in the National Cemetery System established under 
        section 2400 of title 38, United States Code; or

[[Page 111 STAT. 2203]]

            (2) under the jurisdiction of the Secretary of the Army, the 
        Secretary of the Navy, the Secretary of the Air Force, or the 
        Secretary of the Interior.

    Approved November 19, 1997.

LEGISLATIVE HISTORY--S. 813 (H.R. 1532):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-142 accompanying H.R. 1532 (Comm. on the 
Judiciary).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            Nov. 4, considered and passed Senate.
            Nov. 8, considered and passed House.

                                  <all>

Pages: 1

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