Provides criminal penalties for the unauthorized purchase or possession of a Medal or for false representation as a Medal recipient.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2561 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2561
To increase the rate of special pension for recipients of the Medal of
Honor, to authorize those recipients to be furnished an additional
medal for display purposes, to increase the criminal penalties
associated with misuse or fraud relating to the Medal of Honor, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2001
Mr. Weldon of Pennsylvania (for himself, Mr. Murtha, Mr. Smith of New
Jersey, Mr. Evans, Mr. Skelton, Mr. Gilman, Mr. McHugh, and Mr.
Sensenbrenner) introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committees on
Armed Services and the Judiciary, 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 increase the rate of special pension for recipients of the Medal of
Honor, to authorize those recipients to be furnished an additional
medal for display purposes, to increase the criminal penalties
associated with misuse or fraud relating to the Medal of Honor, 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 ``Living American Hero Appreciation
Act''.
SEC. 2. INCREASE IN RATE OF SPECIAL PENSION FOR MEDAL OF HONOR
RECIPIENTS AND RETROACTIVITY OF PAYMENTS TO DATE OF
ACTION.
(a) Increase in Special Pension.--Section 1562(a) of title 38,
United States Code, is amended by striking ``a special pension at the
rate of'' and all that follows through the period at the end and
inserting ``a special pension, beginning as of the first day of the
first month that begins after the date of the act for which that person
was awarded the Medal of Honor. The special pension shall be at the
rate of $1000, as increased from time to time under section 5312(a) of
this title.''.
(b) Cost of Living Adjustment.--Section 5312(a) of such title is
amended by inserting after ``children,'' the following: ``the rate of
special pension paid under section 1562 of this title,''.
(c) Lump Sum Payment for Existing Medal of Honor Recipients.--The
Secretary of Veterans Affairs shall, within 60 days after the date of
the enactment of this Act, make a lump sum payment to each person who
is, immediately before the date of the enactment of this Act, in
receipt of the pension payable under section 1562 of title 38, United
States Code (as amended by subsection (a)). Such payment shall be in
the amount equal to the difference between--
(1) the total amount of special pension that the person in
fact has received; and
(2) the total amount of special pension that the person
would have received had the amendment made by subsection (a)
been in effect as of the date of the act for which that person
was awarded the Medal of Honor.
SEC. 3. ADDITIONAL MEDAL OF HONOR FOR DISPLAY OR EXHIBIT PURPOSES UPON
REQUEST.
(a) Army.--(1) Chapter 357 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 3754. Medal of honor: additional medal for display or exhibit
purposes
``An individual awarded a medal of honor shall, upon request of
that individual, be furnished, without charge, another medal of honor
of appropriate design, for purposes of display or exhibit by that
individual in place of the medal of honor first awarded.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3754. Medal of honor: additional medal for display or exhibit
purposes.''.
(b) Navy.--(1) Chapter 567 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 6256. Medal of honor: additional medal for display or exhibit
purposes
``An individual awarded a medal of honor may, upon request of that
individual, be furnished, without charge, another medal of honor of
appropriate design, for purposes of display or exhibit by that
individual in place of the medal of honor first awarded.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6256. Medal of honor: additional medal for display or exhibit
purposes.''.
(c) Air Force.--(1) Chapter 857 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8753. Medal of honor: additional medal for display or exhibit
purposes
``An individual awarded a medal of honor may, upon request of that
individual, be furnished, without charge, another medal of honor of
appropriate design, for purposes of display or exhibit by that
individual in place of the medal of honor first awarded.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8753. Medal of honor: additional medal for display or exhibit
purposes.''.
(d) Coast Guard.--(1) Chapter 13 of title 14, United States Code,
is amended by adding at the end the following new section:
``Sec. 504. Medal of honor: additional medal for display or exhibit
purposes
``An individual awarded a medal of honor may, upon request of that
individual, be furnished, without charge, another medal of honor of
appropriate design, for purposes of display or exhibit by that
individual in place of the medal of honor first awarded.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``504. Medal of honor: additional medal for display or exhibit
purposes.''.
SEC. 4. CRIMINAL PENALTY FOR UNAUTHORIZED PURCHASE OR POSSESSION OF
MEDAL OF HONOR OR FOR FALSE PERSONATION AS A RECIPIENT OF
MEDAL OF HONOR.
(a) Unauthorized Purchase or Possession.--Section 704 of title 18,
United States Code, is amended--
(1) in subsection (a) by striking ``In general.--Whoever''
and inserting ``In General.--Except as provided in subsection
(b), whoever''; and
(2) by amending subsection (b) to read as follows:
``(b) Medal of Honor.--
``(1) In general.--Whoever knowingly wears, possesses,
manufactures, purchases, or sells a Medal of Honor, or the
ribbon, button, or rosette of a Medal of Honor, or any
colorable imitation thereof, except when authorized under
regulations made pursuant to law, shall be fined under this
title or imprisoned not more than one year, or both.
``(2) Definitions.--As used in this subsection:
``(A) The term `Medal of Honor' means--
``(i) a medal of honor awarded under
section 3741, 6241, or 8741 of title 10 or
section 491 of title 14;
``(ii) a medal of honor furnished under
section 3754, 6256, or 8753 of title 10 or
section 504 of title 14; or
``(iii) a replacement of a medal of honor
under section 3747, 6253, or 8751 of title 10
or section 501 of title 14.
``(B) The term `sells' includes trades, barters, or
exchanges for anything of value.''.
(b) False Personation.--(1) Chapter 43 of such title is amended by
adding at the end the following new section:
``Sec. 918. Medal of honor recipient
``(a) Whoever falsely or fraudulently holds himself out as having
been, or represents or pretends himself to have been, awarded a medal
of honor shall be fined under this title or imprisoned not more than
one year, or both.
``(b) As used in this section, the term `medal of honor' means a
medal awarded under section 3741, 6241, or 8741 of title 10 or section
491 of title 14.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``918. Medal of honor recipient.''.
SEC. 5. FUNDING FOR CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED
STATES OF AMERICA.
(a) Nondiscretionary Grant.--The Secretary of Veterans Affairs
shall grant to the Congressional Medal of Honor Society of the United
States of America chartered under section 40501 of title 36, United
States Code, each amount appropriated pursuant to the authorization of
appropriations in subsection (b), for use by the Society for the
operation of the principal office referred to in section 40507 of such
title.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for grants under subsection (a) $500,000 for each fiscal
year beginning after the date of the enactment of this Act.
SEC. 6. AUTHORIZATION FOR SPOUSE TO ACCOMPANY MEDAL OF HONOR RECIPIENT
FOR OFFICIAL ACTIVITIES ON DEPARTMENT OF DEFENSE
AIRCRAFT.
(a) In General.--Chapter 157 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2647. Space-available travel on Department of Defense aircraft:
spouses accompanying medal of honor recipients for
official Department of Defense activities
``(a) Transportation of Accompanying Spouses.--In providing space-
available transportation for an official Department of Defense activity
to an individual by reason of that individual's status as a medal of
honor recipient, the Secretary of Defense shall provide such
transportation to a spouse accompanying that individual on the same
basis as that recipient.
``(b) Space-Available Transportation Defined.--In this section, the
term `space-available transportation' means transportation on
Department of Defense aircraft on a space-available basis, within the
continental United States or otherwise.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2647. Space-available travel on Department of Defense aircraft:
spouses accompanying medal of honor
recipients for official Department of
Defense activities.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Armed Services, and the Judiciary, 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.
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Armed Services, and the Judiciary, 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.
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Armed Services, and the Judiciary, 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.
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Armed Services, and the Judiciary, 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.
Referred to the Subcommittee on Crime.
Executive Comment Requested from DOD.
Referred to the Subcommittee on Military Personnel.
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Referred to the Subcommittee on Benefits.
Mr. Smith (NJ) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H10480-10482)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2561.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H10935, H10937)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR 11/19/2001 H10480)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 11/19/2001 H10480)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.