[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1998 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1998

To amend title 18, United States Code, to enhance protections relating 
to the reputation and meaning of the Medal of Honor and other military 
            decorations and awards, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2005

    Mr. Conrad (for himself, Mr. Vitter, Mr. Salazar, Mr. Nelson of 
    Nebraska, Mr. Johnson, Mr. Chambliss, Mr. Thune, Mr. Hagel, Mr. 
Isakson, Mr. Lautenberg, and Mrs. Dole) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to enhance protections relating 
to the reputation and meaning of the Medal of Honor and other military 
            decorations and awards, and for other purposes.

    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 ``Stolen Valor Act of 2005''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Fraudulent claims surrounding the receipt of the Medal 
        of Honor, the distinguished-service cross, the Navy cross, the 
        Air Force cross, the Purple Heart, and other decorations and 
        medals awarded by the President or the Armed Forces of the 
        United States damage the reputation and meaning of such 
        decorations and medals.
            (2) Federal law enforcement officers have limited ability 
        to prosecute fraudulent claims of receipt of military 
        decorations and medals.
            (3) Legislative action is necessary to permit law 
        enforcement officers to protect the reputation and meaning of 
        military decorations and medals.

SEC. 3. ENHANCED PROTECTION OF MEANING OF MILITARY DECORATIONS AND 
              MEDALS.

    (a) Expansion of General Criminal Offense.--Subsection (a) of 
section 704 of title 18, United States Code, is amended by striking 
``manufactures, or sells'' and inserting ``purchases, attempts to 
purchase, solicits for purchase, mails, ships, imports, exports, 
produces blank certificates of receipt for, manufactures, sells, 
attempts to sell, advertises for sale, trades, barters, or exchanges 
for anything of value''.
    (b) Establishment of Criminal Offense Relating to False Claims 
About Receipt of Decorations and Medals.--Such section 704 is further 
amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) by inserting after subsection (a) the following:
    ``(b) False Claims About Receipt of Military Decorations or 
Medals.--Whoever falsely represents himself or herself, verbally or in 
writing, to have been awarded any decoration or medal authorized by 
Congress for the Armed Forces of the United States, any of the service 
medals or badges awarded to the members of such forces, the ribbon, 
button, or rosette of any such badge, decoration, or medal, or any 
colorable imitation of such item shall be fined under this title, 
imprisoned not more than six months, or both.''; and
            (3) in paragraph (1) of subsection (c), as redesignated by 
        paragraph (1) of this subsection, by inserting ``or (b)'' after 
        ``subsection (a)''.
    (c) Enhanced Penalty for Offenses Involving Certain Other Medals.--
Such section 704 is further amended by adding at the end the following:
    ``(d) Enhanced Penalty for Offenses Involving Certain Other 
Medals.--If a decoration or medal involved in an offense described in 
subsection (a) or (b) is a distinguished-service cross awarded under 
section 3742 of title 10, a Navy cross awarded under section 6242 of 
title 10, an Air Force cross awarded under section 8742 of section 10, 
a silver star awarded under section 3746, 6244, or 8746 of title 10, a 
Purple Heart awarded under section 1129 of title 10, or any replacement 
or duplicate medal for such medal as authorized by law, in lieu of the 
punishment provided in the applicable subsection, the offender shall be 
fined under this title, imprisoned not more than 1 year, or both.''.
    (d) Conforming Amendments.--Subsection (c) of such section 704, as 
so redesignated, is further amended--
            (1) by inserting ``Enhanced Penalty for Offenses 
        Involving'' before ``Congressional Medal of Honor''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Congressional medal of honor defined.--In this 
        subsection, the term `Congressional Medal of Honor' means--
                    ``(A) a medal of honor awarded under section 3741, 
                6241, or 8741 of title 10 or section 491 of title 14;
                    ``(B) a duplicate medal of honor issued under 
                section 3754, 6256, or 8754 of title 10 or section 504 
                of title 14; or
                    ``(C) a replacement of a medal of honor provided 
                under section 3747, 6253, or 8747 of title 10 or 
                section 501 of title 14.''.
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