[Congressional Record Volume 152, Number 133 (Wednesday, December 6, 2006)]
[House]
[Pages H8819-H8823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STOLEN VALOR ACT OF 2005
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the Senate 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.
The Clerk read 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,
[[Page H8820]]
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr.
Conyers) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin.
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on S. 1998 currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of S. 1998, the Stolen Valor Act,
which expands existing law prohibiting the fraudulent use of military
decorations or medals.
The men and women of our Armed Forces risk their lives every day to
preserve America's freedom. They sacrifice for our liberties with
courage, patriotism and humility. They do not seek fame or celebrity
status when told that they are heroes, and they often respond, ``I am
just doing my job.''
While we can never fully pay our military heroes our debt of
gratitude, America honors their service and sacrifice with military
decorations and medals such as the Purple Heart, the Bronze Star, the
Navy Cross, and our Nation's highest military decoration, the
Congressional Medal of Honor.
Unfortunately, the significance of these medals is being devalued by
phony war heroes who fabricate their honors and military careers. They
do so for greed and selfishness, and disrespect the service and
sacrifice of our military heroes, as well as the honor they uniquely
deserve. Federal law enforcement authorities have responded to these
imposters by launching a dozen investigations currently underway.
In Illinois, one man attended numerous Marine Corps functions,
military funerals and fund-raisers, posing as a retired Marine Corps
colonel. He claimed to have been awarded the Purple Heart eight times,
the only marine to have obtained such a distinction, as well as the
Navy Cross. It turns out he never served a single day as a Marine.
In St. Louis, Federal authorities arrested a man at a local Marine
Corps event who claimed to be a decorated officer. He had previously
been spotted at the annual Marine Corps Birthday Ball wearing a Navy
Cross, two Silver Stars, four Bronze Stars and numerous other medals.
He, too, never served a single day as a marine.
Perhaps the most egregious example of this fraud was perpetrated by a
10-year marine sergeant who secured $66 million in security contracts
from the military based upon fictitious combat experience in Panama and
Somalia, with fabricated Silver Stars, Purple Hearts, Bronze Stars and
Air Medals. Upon learning of the man's fraudulent combat record, the
military revoked the contracts, but by this time he had already fled
the country.
The FBI estimates that for every legitimate Navy SEAL team member,
there are roughly 300 imposters. Moreover, there are roughly only 124
living recipients of the Medal of Honor, yet more than twice as many
falsely claim to have received it.
The Stolen Valor Act enhances penalties for those who masquerade as
decorated war heroes. It expands the existing prohibition against
wearing, manufacturing or selling military decorations or medals
without legal authorization. The bill also imposes penalties for
falsely representing one's self as the recipient of any medal or honor
authorized by Congress for the armed services, and increases penalties
for violations involving a Distinguished Service Cross, an Air Force
Cross, a Navy Cross, a Silver Star, a Purple Heart or the Congressional
Medal of Honor.
On September 7, the other body passed this bill by unanimous consent.
I urge my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased to join Chairman Sensenbrenner in
supporting this measure, the Stolen Valor Act, introduced in both this
body and the other body, which enjoys the widespread support of a long
list of bipartisan cosponsors. In fact, here in the House the measure
has a total of 110 Democratic and Republican cosponsors.
The legislation starts out by honoring the brave men and women who
courageously serve our country. It also protects the precious medals
that are awarded during the course of their service by establishing a
new set of criminal penalties against anyone who fraudulently claims to
be a medal recipient or displays a fake medal in his home or office.
Recipients of the Congressional Medal of Honor, the Distinguished
Service Award, the Silver Star and Purple Heart have made considerable
sacrifices for our country and, as such, deserve a tremendous amount of
our gratitude and respect. It can be said that this legislation
represents just one of the many ways of saying thanks for a job well
done.
The bill is supported by several of our military groups, the Veterans
of Foreign Wars, the Military Order of the Purple Heart and the FBI
Agents Association. I, too, strongly urge my colleagues to lend their
unanimous support to this commonsense proposal.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman
from Minnesota (Mr. Kline).
Mr. KLINE. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise today in strong support of S. 1998, the Stolen
Valor Act. To many Americans, the collections of colored ribbons and
bronze medals that adorn the uniforms of military personnel and
veterans are difficult to comprehend. To those who have served, the
rows of ribbons and medals serve as an unwritten resume. A quick glance
can tell much: how many deployments at sea he has made, in what combat
theaters she has served, or even the value placed upon his work by his
superiors.
But even for those who did not serve, these decorations and awards
have a
[[Page H8821]]
deeper meaning and value that far outweigh their monetary worth. In
many instances, they symbolize overcoming an instinctual desire for
self-preservation found in all of us and summoning a level of courage
rarely found but highly coveted.
It is for this reason that some seek to bestow on themselves the
symbols of honor and sacrifice earned by others. Regardless of their
rationale, those that impersonate combat heroes dishonor the true
recipients of such awards.
By passing the Stolen Valor Act this afternoon, we have a unique
opportunity to return to our veterans and military personnel the
dignity and respect taken by those who have stolen it and dishonor
them.
Mr. CONYERS. Mr. Speaker, I am pleased to yield such time as he may
consume to the gentleman from Colorado (Mr. Salazar), the original
author of this measure, who has worked on it with leaders in both the
House and the other body for a considerable period of time.
(Mr. SALAZAR asked and was given permission to revise and extend his
remarks.)
{time} 1600
Mr. SALAZAR. Mr. Speaker, first of all, let me thank Chairman
Sensenbrenner and Ranking Member Conyers for allowing us to bring this
important legislation forward. As you all know, Senator Conrad from the
Senate side, both his staff and my staff worked in a bipartisan effort
to bring this important act forward.
This act would actually place a criminal penalty on those who falsely
claim to have risked their lives for their country, and restoring honor
to those who have truly earned it.
Last year, in Pueblo, Colorado, I met with Pam Sterner of Pueblo, who
was attending Colorado State University in Pueblo, and also with Medal
of Honor recipient Peter Lemmon of Colorado Springs.
Pam had recently completed a working paper on the issue of military
medals fraud for a political science class at Colorado State
University, Pueblo. With her research and with some of her language, we
drafted the Stolen Valor Act of 2005.
Current law basically allows Federal law enforcement to prosecute
individuals who physically wear medals on their person. The problem has
been occurring where individuals are claiming to have earned these
medals and there is no way for authorities to be able to prosecute
these individuals. These frauds and these phonies have diminished the
meaning and the honor of the recognitions received by our military
heroes.
In addition to diminishing the meaning, on several occasions phonies
have used their stature as a decorated war hero to gain credibility
that allows them to commit more serious frauds.
B.G. Burkett's award winning book, ``Stolen Valor,'' first exposed
the problems of these medals fraud. The authors show that killers have
fooled the most astute prosecutors and gotten away with murder. They
show phony heroes who have become the object of national award-winning
documentaries on national network television. They show liars and
fabricators who have flooded major publishing houses with false tales
of heroism which have become best-selling biographies.
Not only do the authors show the price of the myth has been enormous
for society, but they spotlight how it has severely denigrated the
service, patriotism, and gallantry of the best warriors America's ever
produced.
The Stolen Valor Act, H.R. 3352, makes a language fix to the current
Federal statute, to include making verbal and written claims to be the
recipient of a military medal that they were not entitled to.
This bill expands penalties currently in effect for the Medal of
Honor to apply to the so-called valor medals, including but not limited
to the Distinguished Service Crosses of the respective military
branches and the Purple Heart.
Our bill, H.R. 3352, a companion bill of Senate bill 1998, now has
110 cosponsorships with, as Ranking member Conyers stated, 73 Democrats
and 37 Republicans.
H.R. 3352 has been endorsed by numerous veterans and law enforcement
organizations, including the Congressional Medal of Honor Society, the
Military Order of the Purple Heart and the FBI Agents Association.
The Stolen Valor Act may well be the most sweeping legislation
affecting military awards since the Medal of Honor review of 1917,
during which this criteria for awarding our Nation's highest military
award was strengthened. During the 1917 review, Congress began
establishing a series of lesser awards which has evolved to become the
Pyramid of Honor. This is a series of medals awarded to members of the
military in increasing levels of importance and prestige.
Subsequent to this review of 1917, little had been legislated in
regard to these awards beyond authorization of new awards or slight
changes in the awards process. Additionally, the Stolen Valor Act of
2005 restores a precedent established by General George Washington.
This was when he first instituted our first individual military award
in 1782.
In his General Orders issued from his headquarters in Newburg, New
York, on August 7, 1782, General Washington established the Badge for
Military Merit, which in 1932 was revised as the Purple Heart. General
Washington noted the following point with regard to military awards:
``Should any who are not entitled to these honors have the insolence to
assume the badges of them, they shall be severely punished.''
The success of the Stolen Valor Act is notable because both Democrats
and Republicans from both Houses have worked together in a unique
display of teamwork on behalf of our brave men and women in uniform.
Mr. Speaker, it is time to protect and honor those who have earned
the right to wear these prestigious medals.
Mr. Speaker, I urge my colleagues to vote ``yes'' on Senate bill
1998, the Stolen Valor Act of 2005.
Mr. SENSENBRENNER. Mr. Speaker, I yield 3 minutes to the gentleman
from Kentucky (Mr. Davis).
Mr. DAVIS of Kentucky. Mr. Speaker, I rise today in support of S.
1998, the Stolen Valor Act. I commend my colleague from Colorado for
introducing this, Ranking Member Conyers and Chairman Sensenbrenner for
this important bill, because it will strengthen the penalties for the
misuse and misrepresentation of our Nation's highest military honors. I
am a proud cosponsor of H.R. 3352, the House version of this bill. I
thank Congressman Salazar and Senator Conrad for working in a
bipartisan spirit to make this legislation a reality.
I have had the opportunity during my time in Congress to present
medals of valor to many veterans in my district. Though their service
was many years ago, it is an inspiring experience to hear these
veterans talk about their service to our Nation with great pride and
also reflecting the humility of the generation it served. For many of
those who lay their lives on the line for our country, there is no
greater honor than the receipt of a medal honoring their bravery and
sacrifice, reflecting the sentiment of a grateful Nation.
It is disturbing to me that people would illegitimately sell these
medals or display them as a false symbol of their own valor. While our
soldiers have valiantly defended our freedom on the battlefield, others
have displayed false symbols of service, misleading our citizens,
cheapening the symbol, and dishonoring the heritage, traditions and
servicemembers who have had to live the reality of military service.
When General George Washington instituted our Nation's first military
award, he set forth a number of principles to follow, including one
that stated, ``Should any who are not entitled to these honors have the
insolence to assume the badges of them, they shall be severely
punished.''
Those who illegally wear, sell or produce decorations and medals
should be punished. These actions are disrespectful to generations of
our Nation's veterans and war heroes. The Stolen Valor Act will
strengthen the punishment for those who falsely portray themselves as
recipients of military decorations and medals.
Military decorations and medals honor our Nation's brave service men
and women and inspire future generations to military service. They
remind us of the great price of freedom, the excruciating time of
separation, of loss, of pain, of sadness, and the joys of camaraderie
that few can understand.
[[Page H8822]]
I urge my colleagues to support the Stolen Valor Act and help
preserve the integrity of our Nation's military honors.
Mr. CONYERS. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, since this is likely the last piece of legislation the
House Judiciary Committee will control time on the floor, I would like
to take this moment and opportunity to reflect back on the good and
outstanding work of James Sensenbrenner during his tenure as chairman
of the House Judiciary Committee.
It has been my privilege to serve with Chairman Sensenbrenner in my
role as ranking member of the Judiciary Committee over these last three
Congresses.
During that time, the Judiciary Committee has become one of the most
active committees in the House, processing the second largest number of
bills of any committee. It is rare a week goes by that this committee
is not on the floor of the House considering frequently complex and
significant legislation that impacts the lives of millions of
Americans.
There is no question that Mr. Sensenbrenner has led the committee
firmly and fairly at all times during his chairmanship, but there are
three things that I would like the record to reflect.
The first is his tireless advocacy for the jurisdiction of the
Committee on the Judiciary. Our rule X jurisdiction ranges far and
wide, and Chairman Sensenbrenner has been a constant advocate in
protecting our legislative prerogatives, and I can assure him that all
the members of the Judiciary Committee are very grateful for the zeal
in which he has conducted that part of his responsibility.
Secondly, the chairman has been a strong advocate for antitrust laws
and for the concept of competition. Time and time again, we worked
together to see that the interests of the American public were put
ahead of any special interests.
Finally, I feel very personally affectionate toward the chairman for
the critical role that he has played in the passage of voting rights
legislation. It was the Voting Rights Act of 1965, why I initially
joined the Judiciary Committee, that I participated in this vastly and
hugely important piece of legislation. Mr. Sensenbrenner was not there
then, but it was when we got around to some reauthorizations that his
commitment to this constitutional concept was as strong as mine.
In 1982, it was his role and commitment that helped get the extension
of the bill through this body and the other body as well, but it was
only last year that we were able to begin the work that got us through
the current extension of legislation. The reason that this was
important was that, first of all, we were able to have the work product
of the Committee on the Judiciary not only pass the House without
amendment but the exact bill was passed in the other body as well,
eliminating, of course, the necessity for a committee to work out any
differences.
It was then that we realized that on this question of protecting the
right of our citizens to vote, the cornerstone of our democracy, that
Chairman Jim Sensenbrenner and Ranking Member Conyers could not be more
closely working together, not that there were not huge problems that
had to be worked out and resolved, not just between ourselves but
between other Members of the committee and some of our colleagues not
even on the committee. We were able to do that with dispatch. I quickly
add the names of the gentleman from North Carolina (Mr. Watt) and the
Constitutional Subcommittee ranking member, Jerry Nadler, as well and
the gentleman from Ohio (Mr. Chabot), who worked with us all together
on this matter.
So I am pleased to make these remarks as his term expires. I look
forward to him working on the Committee on the Judiciary in future
sessions of Congress.
With that, Mr. Speaker, I am pleased to announce there are no further
requests for time, and I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of the
time.
Mr. Speaker, I deeply appreciate the words of my friend and
colleague, the gentleman from Michigan (Mr. Conyers).
This is kind of a tough act to follow, but I would like to state for
the record that the Judiciary Committee, because it has such a vast
jurisdiction and an awful lot of controversial legislation, that by
working with Mr. Conyers and the members of the minority, and having
the majority and minority staff work together, we knew that there were
some philosophical differences on many of the pieces of legislation
that could not be bridged without a vigorous debate and votes both in
committee and on the floor of the House of Representatives. But the
cooperation and the respect and the trust that we had across the aisle
were able to narrow those differences so that what we did debate were
true differences in approach and true differences in policy.
I keep on telling the high school classes that I talk to about what
really goes on here that 95 percent of the bills that we pass are
worked out in committee, and the debate and votes on the floor merely
ratify decisions that have been made earlier in committee. The problem
is that compromise agreement, and I would even submit accomplishment,
do not get any media attention. It is allegations of misconduct, actual
knock out, drag down fights in those areas that we do have
disagreements on that really monopolize the news media.
{time} 1615
As a result, people get the wrong impression that all we do out here
is fight and argue amongst ourselves. And while we do a lot of that,
and I think the framers of the Constitution intended the Congress of
the United States to do that, the tremendous work product of the
committee over the last 6 years I think has been due in large part by
the trust and respect and agreement that we have had in working across
the aisle.
And while I was sitting here listening to the debate, I was going
through the calendars of the House of Representatives looking at the
number of committee reports we filed, and I think it is somewhere in
the 90 to 100 number range during this Congress. And a lot of these
reports were really on controversial and complicated legislation where
we needed to have a committee report to explain what the intent of
Congress was, and that type of cooperation allowed us to have that
tremendous output of work product.
It has been my honor to chair this committee for the last 6 years,
but I can say one of the things that I am most proud of is the fact
that, where it has been possible, I have been able to reach across the
aisle and work with my friend from Michigan, and I think that he and I
have each directed our respective staffs to do the same thing, and we
can be proud of what we have done not only in this Congress but in the
previous two Congresses. And although our roles will be kind of
reversed in the next Congress, I look forward to continuing to build on
that cooperation so that the country knows that the Judiciary Committee
not only is the place to be at, but it is the folks that get things
done.
So I thank you very much for your very, very good comments. You have
been instrumental in putting together that record of accomplishment,
and I think we can be proud of what the committee has done.
Mr. GRAVES. Mr. Speaker, I proudly rise in support of S. 1998, the
Stolen Valor Act. I am extremely pleased that this body is able to
consider this bill before we adjourn, because recent events in my
district and across our nation have illustrated why Congress must act
quickly to address the underlying issue of this bill.
Under current law, it is illegal to wear, manufacture, or sell
military decorations without legal authorization. However, it is legal,
but not ethical, to falsely represent oneself as having been awarded a
decoration or medal of the United States Military.
This legislation will expand the prohibitions listed above to include
conducting other transactions not already illegal without
authorization, and falsely representing oneself as having been awarded
any decoration or medal authorized by Congress for the Armed Forces or
any of the service medals or badges. It also increases penalties for
violations involving a Distinguished Service Cross, Air Force Cross,
Navy Cross, Silver Star, or Purple Heart.
Every year around Veterans Day--a day where we honor our Nation's
heroes for their service and sacrifice--numerous individuals come out
of the woodwork to claim military decorations that were not awarded to
them.
[[Page H8823]]
This is wholly disrespectful to those who have been legitimately
awarded these high honors in the line of duty, and dilutes the
significance attached to each lawfully awarded decoration.
This issue was brought to my attention by veterans in my district,
upset about two recent cases of ``stolen valor'' in the state of
Missouri. In this instance, a man spoke before a group at a Veterans
Day event in Chillicothe, Missouri--in my district--and claimed a Navy
Cross that he had not been awarded. A short while later, a man was
arrested at a Marine Corps League meeting in Saint Louis, Missouri
after claiming a number of decorations including the Navy Cross, which
he was not awarded.
Mr. Speaker, the Stolen Valor Act provides a solution to address this
growing fraud. One of the great privileges I have had in Congress is
presenting veterans in my district with their rightfully earned honors
and decorations. Many decorated veterans, when asked about their heroic
actions, respond that they were just doing their duty. Mr. Speaker, it
is our duty to protect the integrity of these decorations reserved to
honor the heroic service and sacrifice of our nation's servicemembers.
We cannot allow imposters to cheapen the value of these honors, and we
cannot allow imposters to seek fame and fortune from falsehood. I urge
my colleagues to join me in supporting the passage of S. 1998, the
Stolen Valor Act.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Kline). The question is on the motion
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the
House suspend the rules and pass the Senate bill, S. 1998.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
bill was passed.
A motion to reconsider was laid on the table.
____________________