[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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