[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5006 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 5006

To provide for the repatriation to the United States for historical and 
educational purposes of military decorations, medals, and related items 
    that are located outside the United States, to provide for the 
imposition of sanctions in connection with trade in military medals and 
                  decorations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2020

   Mr. Cruz introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To provide for the repatriation to the United States for historical and 
educational purposes of military decorations, medals, and related items 
    that are located outside the United States, to provide for the 
imposition of sanctions in connection with trade in military medals and 
                  decorations, 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 ``Limiting and Enabling Gathering 
Awards Commemorating Yesteryear Act'' or ``LEGACY Act''.

SEC. 2. REPATRIATION TO THE UNITED STATES FOR HISTORICAL AND 
              EDUCATIONAL PURPOSES OF MILITARY DECORATIONS, MEDALS, AND 
              RELATED ITEMS THAT ARE LOCATED OUTSIDE THE UNITED STATES.

    (a) Purchase and Importation Into United States Authorized.--
Subject to subsection (b), any organization or individual may purchase 
outside the United States for importation in the United States, import 
into the United States, or both purchase outside the United States for 
importation into the United States and import into the United States 
any of the following:
            (1) Any decoration or medal authorized by Congress for 
        members of the Armed Forces of the United States.
            (2) Any service medal or badge awarded to members of the 
        Armed Forces of the United States.
            (3) Any ribbon, button, or rosette of any decoration, 
        medal, or badge described in paragraph (1) or (2).
    (b) Approval of Purchase and Importation.--
            (1) In general.--An organization or individual may 
        purchase, import, or both an item pursuant to subsection (a) 
        only if the Secretary of Defense approves in writing such 
        purchase, importation, or both.
            (2) Conditions.--The Secretary may not approve the 
        purchase, importation, or both of an item pursuant to paragraph 
        (1) unless the Secretary determines that--
                    (A) the purchase, importation, or both of the item 
                will be made for historical or educational purposes;
                    (B) the importation of the item to the United 
                States will to be permanent; and
                    (C) upon importation, the item will be--
                            (i) returned, without expectation of 
                        reimbursement, to the appropriate Armed Force;
                            (ii) purchased by or donated to a museum or 
                        other entity in the United States that agrees 
                        to display the item for the educational benefit 
                        of the American public; or
                            (iii) purchased by or donated to an 
                        educational institution in the United States 
                        for use for instructional purposes.
            (3) Application.--An organization or individual seeking to 
        purchase, import, or both an item pursuant to subsection (a) 
        shall submit to the Secretary an application for approval of 
        such purchase, importation, or both in such form and manner, 
        and containing such information, as the Secretary considers 
        appropriate for purposes of this section. Any such application 
        may be for approval with respect to a single item or multiple 
        items to be purchased, imported, or both over such period of 
        time, not to exceed one year, as the organization or individual 
        concerned shall request in such application.
            (4) Duration of approval; renewal.--An approval of 
        purchase, importation, or both for an organization or 
        individual under this subsection may be for activities so 
        approved over such period, not to exceed one year, as the 
        Secretary shall specify in such approval. Any such approval may 
        be renewed in accordance with the provisions of this 
        subsection.
    (c) Construction With Stolen Valor Prohibition.--This section is 
intended to create an exception to the prohibition on the purchase and 
sale of military awards and decorations in section 704 of title 18, 
United States Code, as such exceptions are provided for in that 
section, and the purchase, importation, or both of such an item shall 
not be treated as an offense under that section if the organization or 
individual making such purchase, importation, or both--
            (1) acts in accordance with the requirements of this 
        section; and
            (2) is approved by the Secretary to do so pursuant to 
        subsection (b).
    (d) Regulations.--The Secretary may prescribe regulations for 
purposes of carrying out this section.
    (e) United States Defined.--In this section, the term ``United 
States'' means the United States and its Territories and possessions.

SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO TRADE IN MILITARY 
              MEDALS OR DECORATIONS.

    (a) In General.--The President shall impose the sanctions described 
in subsection (c) with respect to each person on the list required by 
subsection (b).
    (b) List Required.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of State shall submit to the appropriate 
        congressional committees a list of foreign persons that have 
        engaged in activities that, if engaged in the United States or 
        by a United States person, would constitute an offense under 
        section 704(a) of title 18, United States Code.
            (2) Exception.--The Secretary of State may not include a 
        foreign person on the list required by paragraph (1) for--
                    (A) purchasing, importing, or both an item 
                described in subsection (a) of section 1 with the 
                approval of the Secretary of Defense under subsection 
                (b) of that section; or
                    (B) selling such an item to a person approved by 
                the Secretary of Defense to purchase, import, or both, 
                the item pursuant to section 1.
    (c) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        are the following:
                    (A) Property blocking.--The President shall, 
                pursuant to the International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.), block and prohibit all 
                transactions in property and interests in property of a 
                person on the list required by subsection (b) if such 
                property and interests in property are in the United 
                States, come within the United States, or are or come 
                within the possession or control of a United States 
                person.
                    (B) Aliens ineligible for visas, admission, or 
                parole.--
                            (i) Exclusion from the united states.--The 
                        Secretary of State shall deny a visa to, and 
                        the Secretary of Homeland Security shall 
                        exclude from the United States, any alien on 
                        the list required by subsection (b).
                            (ii) Current visas revoked.--
                                    (I) In general.--The issuing 
                                consular officer, the Secretary of 
                                State, or the Secretary of Homeland 
                                Security (or a designee of any such 
                                officer or Secretary) shall revoke any 
                                visa or other entry documentation 
                                issued to an alien on the list required 
                                by subsection (b), regardless of when 
                                the visa or other documentation was 
                                issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I) shall 
                                take effect immediately and shall 
                                automatically cancel any other valid 
                                visa or entry documentation that is in 
                                the alien's possession.
            (2) Inapplicability of national emergency requirement.--The 
        requirements under section 202 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1701) shall not apply for 
        purposes of paragraph (1)(A).
    (d) Exceptions.--
            (1) Intelligence activities.--This section shall not apply 
        with respect to activities subject to the reporting 
        requirements under title V of the National Security Act of 1947 
        (50 U.S.C. 3091 et seq.) or any authorized intelligence 
        activities of the United States.
            (2) Compliance with united nations headquarters 
        agreement.--Subsection (c)(1)(B) shall not apply with respect 
        to the admission of an alien to the United States if such 
        admission is necessary to comply with United States obligations 
        under the Agreement between the United Nations and the United 
        States of America regarding the Headquarters of the United 
        Nations, signed at Lake Success June 26, 1947, and entered into 
        force November 21, 1947, under the Convention on Consular 
        Relations, done at Vienna April 24, 1963, and entered into 
        force March 19, 1967, or under other international obligations.
    (e) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (c)(1)(A) or any regulation, license, or order 
        issued to carry out that subsection shall be subject to the 
        penalties set forth in subsections (b) and (c) of section 206 
        of the International Emergency Economic Powers Act (50 U.S.C. 
        1705) to the same extent as a person that commits an unlawful 
        act described in subsection (a) of that section.
    (f) Definitions.--In this section:
            (1) Admission; admitted; alien.--The terms ``admission'', 
        ``admitted'', and ``alien'' have the meanings given those terms 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
            (3) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted to the United States for permanent residence; 
                or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States.
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