II 112th CONGRESS 1st Session S. 1728 IN THE SENATE OF THE UNITED STATES October 18, 2011 Mr. Brown of Massachusetts 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 establish a criminal offense relating to fraudulent claims about military service.

1.

Short title

This Act may be cited as the Stolen Valor Act of 2011.

2.

Establishment of criminal offense relating to certain misrepresentations about military service

(a)

Misrepresentations about military service

Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:

1041.

Certain misrepresentations about military service.

(a)

Offense

Whoever, with intent to obtain anything of value, knowingly makes a misrepresentation regarding his or her military service, shall— (1)if the misrepresentation is that such individual served in a combat zone, served in a special operations force, or was awarded the Congressional Medal of Honor, be fined under this title, imprisoned not more than 1 year, or both; and (2)in any other case, be fined under this title, imprisoned not more than 6 months, or both. (b)

Exception for denial of service

Subsection (a) does not apply to a misrepresentation that an individual did not serve in the Armed Forces of the United States. (c)

Defense

It is a defense to a prosecution under this section if the thing of value is de minimis. (d)

Definitions

In this section: (1)

Armed Forces of the United States

The term Armed Forces of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard, including the reserve components named in section 10101 of title 10. (2)

Combat zone

The term combat zone has the meaning given such term in section 112(c)(2) of the Internal Revenue Code of 1986. (3)

Congressional Medal of Honor

The term Congressional Medal of Honor has the meaning given such term in section 704 of this title. (4)

Military service

The term military service means— (A)service in the Armed Forces of the United States; (B)service in a combat zone as a member of the Armed Forces of the United States; (C)attainment of a specific rank in the Armed Forces of the United States; and (D)receipt of— (i)any decoration or medal authorized by Congress for the Armed Forces of the United States; (ii)any of the service medals or badges awarded to members of such forces; or (iii)the ribbon, button, or rosette of any such badge, decoration, or medal. (5)

Special operations force

The term special operations force has the meaning given such term in section 167(i) of title 10.

. (b)

Conforming amendments

Section 704 of title 18, United States Code, is amended— (1)by striking subsection (b); (2)by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (3)in subsection (b)(1), as redesignated by paragraph (2), by striking or (b); and (4)in subsection (c), as redesignated by paragraph (2), by striking or (b).

3.

Clerical amendment

The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by adding at the end the following new item: 1041. Certain misrepresentations about military service. .