[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[House]
[Pages H10480-H10482]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 LIVING AMERICAN HERO APPRECIATION ACT

  Mr. SMITH of New Jersey. Madam Speaker, I move to suspend the rules 
and pass the bill (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, as amended.
  The Clerk read as follows:

                               H.R. 2561

       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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from Illinois (Mr. Evans) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I rise this afternoon in strong support of H.R. 2561, 
which increases to $1,000 per month the special pension payable to 
those veterans who have been awarded the Congressional Medal of Honor.
  To date, 3,455 Medals of Honor have been awarded for 3,450 separate 
acts of heroism. There are today 149 living recipients of this highest 
of awards. Fifty-five percent of the living recipients earned their 
medals more than 50 years ago while serving in World War II or in 
Korea.
  In April of 1916, Madam Speaker, monetary benefits were first 
established for Medal of Honor recipients in the amount of $10 per 
month. In 1961, the rate was increased to $100, and not increased again 
until 1978. Public Law 95-469 increased this pension to $200. The Medal 
of Honor pension remained at $200 until 1993, when it was increased to 
$400 in Public Law 103-161. Congress again increased the pension to 
$600 in 1998.
  Madam Speaker, the Medal of Honor is the highest award for military 
valor that can be bestowed upon an individual serving in our Armed 
Forces. It is only fitting that living recipients, who are real heroes, 
be accorded this special recognition for the most supreme acts of 
bravery and sacrifice for our country.
  Madam Speaker, I want to commend the gentleman from Pennsylvania (Mr. 
Weldon), the prime sponsor of this bill, for introducing it, for having 
the sensitivity to our great war heroes, and the great need that they 
have for this kind of recognition. It is a good bill.
  Madam Speaker, I reserve the balance of my time
  Mr. EVANS. Madam Speaker, I yield myself such time as I may consume; 
and I am pleased to support H.R. 2561, the Living American Hero 
Appreciation Act. The bill was crafted to demonstrate our unequivocal 
support for Medal of Honor recipients, and I urge my colleagues to join 
me in doing this today.
  In the name of the Congress, the President presents the Medal of 
Honor. It is the highest honor that can be bestowed on any American 
citizen. Only 3,455 Americans have been awarded Medals of Honor, and 
today only 149 of them are still living.
  As the ranking Democrat on the Committee on Veterans' Affairs, as a 
senior member of the Committee on Armed Services, and as a United 
States

[[Page H10481]]

Marine, I feel strongly that these heroes represent a rare breed. Their 
vigilant contributions must be honored and supported by all Americans.
  Accordingly, I am pleased that this measure would increase from $600 
to $1,000 the monthly amount paid to the recipients of the Medal of 
Honor. In addition, the bill will provide an additional medal for use 
in display or exhibits to those recipients who desire one. The bill 
would also permit space-available travel for medal recipients and their 
accompanying spouses, and directs the Secretary of Veterans Affairs to 
grant appropriated amounts for the Congressional Medal of Honor Society 
in order to operate that society's primary office.
  H.R. 2561 would also provide criminal penalties for the unauthorized 
purchase or possession of a medal and also for making a false 
representation as a medal recipient. This bill deserves the support of 
all our colleagues.
  Madam Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Madam Speaker, I yield such time as he may 
consume to the gentleman from Pennsylvania (Mr. Weldon), the author of 
the pending legislation.
  (Mr. WELDON of Pennsylvania asked and was given permission to revise 
and extend his remarks.)
  Mr. WELDON of Pennsylvania. Madam Speaker, I thank my good friend and 
colleague and leader, the gentleman from New Jersey (Mr. Smith), for 
his outstanding work on this bill, and my good friend and colleague, 
the gentleman from Illinois (Mr. Evans), who is also a colleague on the 
Committee on Armed Services, for his great work on behalf of our 
veterans and on behalf of our military.
  This is an important piece of legislation; and this Congress has 
really stood up, under the chairman and ranking member's leadership, to 
help out our veterans and our military. I am proud that this year, even 
though we had some terrible tragedies here in our country, that we are 
finally recognizing the true heroes in America. Because they are not in 
Hollywood, they are not on our ball fields, they are not in our State 
capitals, or even here in Washington. Our real heroes are the men and 
women who serve this country every day, either in the military or in 
our domestic support operations, our fire and EMS community.
  When the defense bill passed this past week, we in fact authorized 
$900 million a year of new money to help our domestic heroes, our fire 
and EMS personnel. This bill completes the story by allowing us to 
finally provide the appropriate recognition for our Congressional Medal 
of Honor winners.
  I was approached by the Society of the Congressional Medal of Honor 
recipients earlier this year with some frustrations they had had. One 
was that medals had in fact been stolen in the past, and there was not 
an appropriate level of jurisprudence for us to hold those people 
accountable who in fact had stolen medals. In fact, 5 years ago, we 
actually had a company produce false medals. This bill corrects that.
  Second, there was a statement of a need to provide for a second medal 
so that Medal of Honor recipients can go out and tell their story. They 
can go to schools and speak on college campuses, to civic groups, and 
still have that medal back home. So they have two of the appropriate 
medals. This bill takes care of that.
  Finally, it increases the stipend for the Medal of Honor recipients, 
because these are people that we should be encouraging to go out and 
speak to our young people. These are the real American heroes in this 
country. This bill provides an increase in their stipend and encourages 
them to go out and tell their story.
  I am disappointed we could not get the approval from one of our 
committees to add a provision that would have allowed spouses to travel 
on space available on our military planes. But we will come back and 
fight that battle in another session. This bill does in fact show that 
our Congressional Medal of Honor recipients are the true heroes and 
that this Congress is responding to the work they have done on behalf 
of our country.
  It is essential for me to acknowledge that without the persistent 
encouragement of two people, two patriotic Marines, Wally Nunn, my good 
friend, living in my sixth district, who is in fact the chairman of the 
board of the society, and Mike Linquist, the staff director, if they 
had not been involved, this bill would not be here today. And to all 
those who have received the Medal of Honor, and their families, we say, 
Job well done. We're proud of your work.
  Madam Speaker, I will place into the Record the story of two great 
heroes, Secretary Barney Barnum and retired Major General Jim 
Livingston, and the actions that caused them to receive this highest 
award that America offers.

       At a place called Ky Phu in the Quang Tin Province of 
     Vietnam, the now Secretary Barney Barnum along with his 
     company were engulfed in severe enemy fire and cut off from 
     the remainder of the battalion. With his friends dying around 
     him, then Lieutenant removed the radio from the dead operator 
     and assumed command of the rifle company. Moving into the 
     midst of heavy fire, he reorganized the replacement of lost 
     personnel and led the successful counterattack on enemy 
     positions. After clearing an area and ordering the landing of 
     transport helicopters for the evacuation of the dead and 
     wounded, he joined those remaining in securing the area and 
     seizing the battalion's objective.
       Three years later, Retired Major General Jim Livingston, 
     the then commanding officer of E Company, led an assault on 
     the heavily fortified village of Dai Do. The Captain 
     maneuvered and encouraged his men to assault enemy positions 
     across 500 meters of open rice paddy while under intense 
     fire. Despite being wounded twice by grenade fragments, he 
     led an attack that destroyed over 100 mutually supporting 
     bunkers and emplacements around the village, but all was not 
     done. After another company was suffering a damaging 
     counterattack by the enemy, Jim Livingston and his men came 
     to their support. Although wounded a third time and unable to 
     walk, he remained in the not yet secure area to organize the 
     safe evacuation of his men.

  Mr. EVANS. Madam Speaker, I yield such time as she may consume to the 
gentlewoman from Nevada (Ms. Berkley).
  Ms. BERKLEY. Madam Speaker, first I would like to thank the chairman 
and the ranking member of the Committee on Veterans' Affairs for 
bringing this bill to the floor for a vote.
  I rise today in strong support of H.R. 2561, the Living American Hero 
Appreciation Act. This legislation pays tribute to some of our Nation's 
bravest veterans, Medal of Honor recipients, by increasing their 
monthly special pension. H.R. 2561 will ensure fair and equal treatment 
in payment of pensions to all Medal of Honor recipients.
  These individuals served our country faithfully and engaged in 
extraordinary acts of courage and heroism. Many of them gave their 
lives in preservation of our ideals, our freedom, and our way of life. 
Each of their stories is unique.
  According to Department of Defense records, one Medal of Honor 
recipient fought alone in the face of enemy fire to prevent a surprise 
attack against the United States troops. Another Medal of Honor 
recipient put himself directly in the line of sniper fire while 
attempting to rescue a downed helicopter pilot and his crew.
  Today, there are 151 living Medal of Honor recipients, and they are 
all truly special individuals. They deserve our gratitude, and I am 
pleased that today this House is taking steps to ensure that they 
receive fair pension pay.
  Mr. SMITH of New Jersey. Madam Speaker, I yield 2 minutes to the 
distinguished gentleman from New York (Mr. Gilman).
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Madam Speaker, I thank the gentleman for yielding me this 
time.
  I am pleased today to rise to urge support for H.R. 2561, the Living 
American Hero Appreciation Act, a bill which was introduced by the 
gentleman from Pennsylvania (Mr. Weldon), which I cosponsored, and 
which increases from $600 to $1,000 the monthly special pension for 
Congressional Medal of Honor recipients.
  I commend the gentleman from Pennsylvania (Mr. Weldon) for working on 
this measure and bringing it before us, and I commend too the 
distinguished chairman of our Committee on Veterans' Affairs, the 
gentleman from New Jersey (Mr. Smith), and the ranking committee 
member, the gentleman from Illinois (Mr. Evans), for their support.
  H.R. 2561 makes such increases in the monthly special pension 
retroactive from the date the medal was awarded, and makes such amounts 
subject to an

[[Page H10482]]

annual cost-of-living adjustment. It also directs the Secretary of 
Veterans Affairs to make a lump sum payment to existing medal 
recipients for any retroactive amounts due as a result of this 
increase.

                              {time}  1845

  Moreover, the measure requires an individual awarded a medal, upon 
request, be issued another medal for display. The measure also requires 
criminal penalties for any unauthorized purchase or possession of a 
medal or for false representation as a medal recipient.
  It also directs the Secretary to grant to the Congressional Medal of 
Honor Society appropriated amounts for the operation of its principal 
office, and directs the Secretary of Defense in providing space-
available transportation to a medal recipient for an official 
Department of Defense activity, and provide such transportation to an 
accompanying spouse.
  Madam Speaker, this measure is long overdue and recognizes the 
contributions made by the Medal of Honor recipients to secure the 
freedoms which we cherish in this Nation. I urge my colleagues to fully 
support this measure.
  Mr. EVANS. Madam Speaker, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Madam Speaker, I yield back the balance of 
my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and pass the bill, H.R. 2561, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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