[Congressional Record Volume 153, Number 33 (Tuesday, February 27, 2007)]
[Senate]
[Page S2266]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            STOLEN VALOR ACT

  Mr. CONRAD. Mr. President, I would like to comment today on the 
Stolen Valor Act of 2005 that was signed into law by President Bush on 
December 20, 2006. I am extremely proud of authoring the Senate version 
of this legislation that ultimately became law. The new law that has 
resulted from the Stolen Valor Act strengthens and expands the 
protections for our Armed Forces military service awards and 
decorations.
  Since the Stolen Valor Act was signed into law, there have been 
reports of concerns raised by medal collectors, historians, museums, 
family members that inherit medals, and persons legitimately 
possessing, shipping, or selling military service awards and 
decorations. I would like to make it clear for the Record that the 
intent and effect of my legislation and the resulting law is only to 
provide the tools law enforcement need to prosecute those fraudulently 
using military service awards they did not earn through service to our 
Armed Forces. It does not in any way restrict legitimate possession, 
use, shipment, or display of these awards and decorations.
  Before the law was enacted, my legislation was reviewed by the Senate 
Judiciary Committee, the House Judiciary Committee, the Department of 
Justice, and the Congressional Research Service's American Law 
Division. All concluded that the Stolen Valor legislation does not 
negatively impact those legitimately in possession of military service 
awards and decorations.
  Although the new law modifies title 18 USC, section 704, it does not 
impact the legitimate purchase, sale, or possession of medals. The key 
part of this passage is the phrase, ``except when authorized under 
regulations made pursuant to law.'' That exception refers to 32 Code of 
Federal Regulations (CFR), section 507. I believe the concerns raised 
by collectors and dealers of military medals and memorabilia may stem 
from lack of familiarity with the CFR and its relationship to statutory 
law. The CFR is the regulation that implements and administers 
statutory provisions, in this case, the provisions of 18 USC section 
704 as amended by the Stolen Valor Act.
  The CFR specifically states in section 507.12(b), ``Mere possession 
by a person of any of the articles prescribed in Sec. 507.8 of this 
part is authorized provided that such possession is not used to defraud 
or misrepresent the identification or status of the individuals 
concerned.'' According to numerous legal experts consulted on the 
drafting of the Stolen Valor legislation, ``mere possession'' would 
include family members who inherit medals, museums, collectors, 
approved medals dealers, historians, and other persons in possession or 
selling medals that do not use them for fraudulent purposes. In 
addition, CFR Sec. 507.8(a) indicates, ``the articles listed in 
paragraphs (a) (1) through (10) of this section are authorized for 
manufacture and sale when made in accordance with approved 
specifications, purchase descriptions or drawings.''
  The articles listed as authorized for manufacture and sale in Sec. 
507.8(a) include decorations, service medals, ribbons, lapel buttons, 
and badges with the exception of the Medal of Honor. The CFR allows for 
the sale of all U.S. medals, except the Medal of Honor, and insignia, 
provided that an official government manufacturer has made them and 
that the Institute of Heraldry, IOH, approved those pieces. Thus, the 
Stolen Valor Act does not in any way stop collectors or dealers from 
selling or collecting officially made medals and insignia, whether they 
were made yesterday or 50 years ago.
  In closing, I again want to assure those legitimately in possession 
of selling, displaying, or shipping military service awards that the 
Stolen Valor Act is only directed at those who fraudulently use 
military service awards and decorations. I have been to Walter Reed 
Hospital, Bethesda Naval Hospital, and have awarded numerous awards and 
decorations to soldiers and veterans. These brave men and women have 
given so much to ensure our freedoms. I strongly believe protecting the 
meaning and valor of military service awards is a very important way we 
can continue to honor their service and sacrifice.
  I ask unanimous consent that a memo from the American Law Division at 
Congressional Research Service supporting this analysis be printed in 
the Record at the conclusion of my remarks.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


                               Congressional Research Service,

                               Washington, DC, September 21, 2006.
     To: Hon. Kent Conrad; Attention: Shawn Ferguson.
     From: John R. Luckey, Legislative Attorney, American Law 
         Division.
     Subject: The Stolen Valor Act of 2005.

       This memorandum is furnished in response to your request 
     for a review of the impact of enactment of the Stolen Valor 
     Act of 2005 upon collectors of military service medals who 
     are currently acting in compliance with federal regulations. 
     The Bill would amend the federal criminal code expand the 
     prohibition against wearing, manufacturing, or selling 
     military decorations or medals without legal authorization to 
     prohibit purchasing, soliciting. mailing, shipping, 
     importing, exporting, producing blank certificates of receipt 
     for, advertising, trading, bartering, or exchanging such 
     decorations or medals without authorization. It would 
     prohibit 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. The penalties 
     for violations, if the offense involves a distinguished 
     service cross, an Air Force Cross, a Navy Cross, a silver 
     star, or a Purple Heart, would be increased.
       The current provision of title 18 states:
       ``Sec. 704. Military medals or decorations
       ``(a) In General.--Whoever knowingly wears, manufactures, 
     or sells any decoration or medal authorized by Congress for 
     the aimed forces of the United States, or any of the service 
     medals or badges awarded to the members of such forces, or 
     the ribbon, button, or rosette of any such badge, decoration 
     or medal, or any colorable imitation thereof, except when 
     authorized under regulations made pursuant to law, shall be 
     fined under this title or imprisoned not more than six 
     months, or both.''
       The Bill would not affect the exception for acts authorized 
     by regulation. Therefore, it appears accurate to conclude 
     that if the action of the collector was authorized by 
     regulation, the enactment of the Bill would not affect that 
     authorization.
       We hope this information is responsive to your request. If 
     we may be of further assistance, please call.
                                                   John R. Luckey,
     Legislative Attorney.

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