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H.R. 2076 (108th): Veterans’ Memorial Preservation and Recognition Act of 2003


The text of the bill below is as of May 13, 2003 (Introduced).


HR 2076 IH

108th CONGRESS

1st Session

H. R. 2076

To further the protection and recognition of veterans’ memorials, to amend title 38, United States Code, to provide for grants to repair veterans memorials, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 13, 2003

Mr. JOHN 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 consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To further the protection and recognition of veterans’ memorials, to amend title 38, United States Code, to provide for grants to repair veterans memorials, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 2003’.

SEC. 2. CRIMINAL PENALTIES FOR DESTRUCTION OF VETERANS’ MEMORIALS.

    (a) IN GENERAL- Chapter 65 of title 18, United States Code, is amended by adding at the end the following:

‘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.’.

    (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:

      ‘1369. Destruction of veterans’ memorials.’.

SEC. 3. HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES.

    (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.

SEC. 4. GRANTS TO REPAIR VETERANS MEMORIALS.

    (a) ESTABLISHMENT OF GRANT PROGRAM- Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section:

‘Sec. 2412. Grants to repair memorials

    ‘(a) ESTABLISHMENT OF GRANT PROGRAM- Subject to the succeeding provisions of this section, the Secretary may make grants to a State or a qualified organization for the purpose of repairing or restoring a covered memorial.

    ‘(b) APPLICATION- A grant under this section may be made only upon submission of an application to the Secretary in such form and manner, and containing such information, as the Secretary may require.

    ‘(c) AMOUNT OF GRANT- (1) The amount of a grant under this section may not exceed 50 percent of the cost of the repair or restoration of the covered memorial, as determined by the Secretary.

    ‘(2) The recipient of the grant shall contribute the excess of the aggregate costs of the repair of the covered memorial over the grant.

    ‘(3) If a recipient of a grant under this section uses any part of the funds provided through such grant for a purpose other than that for which the grant was made, the United States shall be entitled to recover from such recipient the total of all grants made under this section to such recipient in connection with the repair or restoration of the covered memorial.

    ‘(d) USE OF GRANT FUNDS- Sums received pursuant to a grant in this section shall be used for the sole purpose of repairing or restoring a covered memorial.

    ‘(e) STANDARDS- A repair or restoration of a covered memorial under a grant under this section shall conform to such standards and guidelines as the Secretary may by regulation prescribe.

    ‘(f) ADDITIONAL TERMS AND CONDITIONS- The Secretary may by regulation prescribe such additional terms and conditions for grants under this section as the Secretary considers appropriate.

    ‘(g) DEFINITIONS- In this section:

      ‘(1) The term ‘qualified organization’ means any organization described in section 5902(a) of this title.

      ‘(2) The term ‘covered memorial’ means a memorial or monument that the Secretary determines commemorates the service in the Armed Forces of an individual, or group of individuals, or a particular military event, but does not include any memorial or monument under the administrative jurisdiction of the Secretary of the Interior.

    ‘(h) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated such sums as may be necessary for fiscal year 2004 and for each succeeding fiscal year through fiscal year 2008 for the purpose of making grants under subsection (a).

    ‘(2) Sums appropriated under paragraph (1) of this section shall remain available until expended. If all funds from a grant under this section have not been utilized by a recipient for the purpose for which the grant was made within three years after such grant is made, the United States shall be entitled to recover any such unused grant funds from such recipient.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by adding at the end the following:

      ‘2412. Grants to repair memorials.’.