[Congressional Record Volume 152, Number 109 (Thursday, September 7, 2006)]
[Senate]
[Pages S9215-S9216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        STOLEN VALOR ACT OF 2005

  Mr. FRIST. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of S. 1998 and that 
the Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will please report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
read a third time, passed, and the motion to reconsider be laid upon 
the table; that any statements relating thereto be printed in the 
Record, without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1998) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1998

       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)''.

[[Page S9216]]

       (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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