AII POW-MIA Legislation

S 72 IS

Civilian Prisoner-of-War Medal Act of 2005

To amend title 5, United States Code, to require the issuance of a prisoner-of-war medal to civilian employees of the Federal Government who are forcibly detained or interned by an...
(Introduced in Senate)

S 72 IS
109th CONGRESS
1st Session
S. 72

To amend title 5, United States Code, to require the issuance of a prisoner -of -war medal to civilian employees of the Federal Government who are forcibly detained or interned by an enemy government or a hostile force under wartime conditions.

IN THE SENATE OF THE UNITED STATES

January 24, 2005

Mr. INOUYE introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To amend title 5, United States Code, to require the issuance of a prisoner -of -war medal to civilian employees of the Federal Government who are forcibly detained or interned by an enemy government or a hostile force under wartime conditions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PRISONER -OF -WAR MEDAL FOR CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT.

(a) AUTHORITY TO ISSUE PRISONER -OF -WAR MEDAL- (1) Subpart A of part III of title 5, United States Code, is amended by inserting after chapter 23 the following new chapter:

`CHAPTER 25--MISCELLANEOUS AWARDS

`Sec.

`2501. Prisoner -of -war medal: issue.

`Sec. 2501. Prisoner -of -war medal: issue

`(a) The President shall issue a prisoner -of -war medal to any person who, while serving in any capacity as an officer or employee of the Federal Government, was forcibly detained or interned, not as a result of such person's own willful misconduct--

`(1) by an enemy government or its agents, or a hostile force, during a period of war ; or

`(2) by a foreign government or its agents, or a hostile force, during a period other than a period of war in which such person was held under circumstances which the President finds to have been comparable to the circumstances under which members of the Armed Forces have generally been forcibly detained or interned by enemy governments during periods of war .

`(b) The prisoner -of -war medal shall be of appropriate design, with ribbons and appurtenances.

`(c) Not more than one prisoner -of -war medal may be issued to a person under this section or section 1128 of title 10. However, for each succeeding service that would otherwise justify the issuance of such a medal, the President (in the case of service referred to in subsection (a) of this section) or the Secretary concerned (in the case of service referred to in section 1128(a) of title 10) may issue a suitable device to be worn as determined by the President or the Secretary, as the case may be.

`(d) For a person to be eligible for issuance of a prisoner -of -war medal, the person's conduct must have been honorable for the period of captivity which serves as the basis for the issuance.

`(e) If a person dies before the issuance of a prisoner -of -war medal to which the person is entitled, the medal may be issued to that person's representative, as designated by the President.

`(f) Under regulations prescribed by the President, a prisoner -of -war medal that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced without charge.

`(g) In this section, the term `period of war' has the meaning given such term in section 101(11) of title 38.'.

(2) The table of chapters at the beginning of part III of such title is amended by inserting after the item relating to chapter 23 the following new item:

2501'.

(b) APPLICABILITY- Section 2501 of title 5, United States Code, as added by subsection (a), applies with respect to any person who, after April 5, 1917, is forcibly detained or interned as described in subsection (a) of such section.




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