[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2561 Referred in Senate (RFS)]

  1st Session
                                H. R. 2561


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 20 (legislative day, December 18) 2001

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
To amend title 38, United States Code, to increase the rate of special 
 pension for recipients of the Medal of Honor and to make that special 
 pension effective from the date of the act for which the recipient is 
 awarded the Medal of Honor and to amend title 18, United States Code, 
  to increase the criminal penalties associated with misuse or fraud 
                    relating to the Medal of Honor.

    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 total amount of special pension that the person 
would have received had the person received special pension during the 
period beginning as of the first day of the first month that began 
after the date of the act for which that person was awarded the Medal 
of Honor and ending with the last day of the month preceding the month 
that such person's special pension in fact commenced. For each month of 
such period, the amount of special pension shall be determined using 
the rate of special pension that was in effect for that month.

SEC. 3. 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 
                        under section 491 of title 14;
                            ``(ii) a duplicate medal of honor issued 
                        under section 3754, 6256, or 8753 of title 10 
                        or under section 504 of title 14; or
                            ``(iii) a replacement of a medal of honor 
                        provided under section 3747, 6253, or 8751 of 
                        title 10 or under 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 under 
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.''.

            Passed the House of Representatives December 20, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.