Living American Hero Appreciation Act (Introduced in the House)
HR 2561 IH
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) FALSE PERSONATION- (1) Chapter 43 of such title is amended by adding at the end the following new section:
`(B) The term `sells' includes trades, barters, or exchanges for anything of value.'.
`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.'.
HomeOfHeroes.com now has more than 25,000 pages of US History for you to view.
