[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.''.
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