[Congressional Record Volume 144, Number 104 (Wednesday, July 29, 1998)]
[Extensions of Remarks]
[Page E1457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E1457]]



         THE PURPLE HEART VETERAN JUSTIFICATION ACT, H.R. 3970

                                 ______
                                 

                     HON. HOWARD P. ``BUCK'' McKEON

                             of california

                    in the house of representatives

                        Wednesday, July 29, 1998

  Mr. McKEON. Mr. Speaker, today I rise to address a troubling 
situation that Congress can address before our wounded Veteran's hard 
earned medals are diminished in importance.
  As you may recall last year, Congress passed S. 923 denying burial 
benefits to veterans convicted of Federal Capital Offenses. The primary 
reason for the need of this legislation was to prevent individuals such 
as Tim McVeigh, the convicted murderer and terrorist, from being buried 
in our national cemeteries. We passed this legislation by voice vote 
with many members speaking out in favor of its passage.
  I would like to relate the story of a woman by the name of Leah 
Schendel. On December 18, 1980, Mrs. Schendel was brutally raped and 
murdered by Manuel Babbit. Mrs. Schendel was a loving mother and at the 
time of her death was 78 years old, less than 5 feet tall, and weighed 
under 100 pounds. In 1981, Mr. Babbit was convicted of the horrible 
murder and was sentenced to death. Mr. Babbit's final appeal was 
scheduled for just this past month.
  How might this problem relate to the problem of the Purple Heart 
Medal? Well, Mr. Babbit, a convicted murderer and death penalty 
recipient, recently received the Purple Heart Medal for wounds that he 
received in Vietnam over 25 years ago. While I do not argue that Mr. 
Babbit is eligible for the award, I have serious problems with the 
circumstances surrounding Mr. Babbit's application for the Purple Heart 
Medal. With no other choice, the military approved the award, which was 
required by Mr. Babbit's attorney, Charles Patterson.
  I find the timing of Mr. Babbit's reception of this award troubling. 
Assuming the worst case scenario, Mr. Babbit is attempting to use the 
honor that comes along with reception of this medal to curry favor with 
an appellate judge to reduce his sentence or grant him a new trial. I 
find it appalling that someone would attempt to bring dishonor to an 
award granted to individuals who bravely fought for the greatness of 
the nation by using it to assist a murderer's appeal process.
  H.R. 3970 would help put an end to problems like this. It would also 
go a long way to preserving the honor and dignity of the Purple Heart 
Medal. This legislation would prohibit the awarding of the Purple Heart 
Medal to individuals convicted of Federal Capital Offenses. The measure 
does not address eligibility for the award, but rather denies reception 
of the award for convicted Capital Offenders. The legislation is not 
retro-active and would not strip individuals of the Purple Heart Medal 
who had received the award prior to their conviction. Finally, the 
legislation is narrow in focus and would only apply to a very select 
group of individuals that have committed the most heinous crimes in our 
society.
  Mr. Speaker, it is not often that we can act before a problem occurs, 
but that is exactly what this Congress can do on this matter. This 
legislation has been endorsed by the Military Order of the Purple Heart 
and was introduced with the support of the House Veterans Affairs 
Committee Chairman Bob Stump. I would urge my colleagues to help 
preserve the dignity of the Purple Heart by co-sponsoring this 
important legislation.

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