[Congressional Record Volume 158, Number 121 (Tuesday, September 11, 2012)]
[House]
[Pages H5793-H5795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        STOLEN VALOR ACT OF 2012

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1775) to amend title 18, United States Code, to 
establish a criminal offense relating to fraudulent claims about 
military service, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1775

       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 2012''.

     SEC. 2. FRAUDULENT REPRESENTATIONS ABOUT RECEIPT OF MILITARY 
                   DECORATIONS OR MEDALS.

       (a) In General.--Section 704 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``wears,''; and
       (2) so that subsection (b) reads as follows:
       ``(b) Fraudulent Representations About Receipt of Military 
     Decorations or Medals.--Whoever, with intent to obtain money, 
     property, or other tangible benefit, fraudulently holds 
     oneself out to be a recipient of a decoration or medal 
     described in subsection (c)(2) or (d) shall be fined under 
     this title, imprisoned not more than one year, or both.''.
       (b) Addition of Certain Other Medals.--Section 704(d) of 
     title 18, United States Code, is amended--
       (1) by striking ``If a decoration'' and inserting the 
     following:
       ``(1) In general.--If a decoration'';
       (2) by inserting ``a combat badge,'' after ``1129 of title 
     10,''; and
       (3) by adding at the end the following:
       ``(2) Combat badge defined.--In this subsection, the term 
     `combat badge' means a Combat Infantryman's Badge, Combat 
     Action Badge, Combat Medical Badge, Combat Action Ribbon, or 
     Combat Action Medal.''.
       (c) Conforming Amendment.--Section 704 of title 18, United 
     States Code, is amended in each of subsections (c)(1) and (d) 
     by striking ``or (b)''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. SMITH of Texas. 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 materials on H.R. 1775, as 
amended, currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 1775, the Stolen Valor Act of 2011, was introduced 
by the gentleman from Nevada (Mr. Heck). I want to thank him for his 
dedication to protect the honor bestowed on our Nation's military 
heroes.
  Mr. Speaker, H.R. 1775, the Stolen Valor Act of 2011, was introduced 
by the gentleman from Nevada (Mr. Heck). I thank him for his dedication 
to protect the honor bestowed on our nation's military heroes.
  In 2006, a man who had created several false identities fraudulently 
claimed to be a seriously injured Marine captain who suffered from post 
traumatic stress disorder and a recipient of the Purple Heart and 
Silver Star.
  His tangled web of lies earned him credibility among other veterans, 
law enforcement officials and politicians. He told these false stories 
and used them for his own benefit, disrespecting those who had 
honorably earned these awards for their service.
  This is an example of a man who did not simply lie about receiving a 
military award. He lied to defraud others and benefit himself, 
discrediting those veterans who actually deserve recognition.

[[Page H5794]]

  H.R. 1775 prevents similar fraud in the future and reaffirms 
Congress' respect and gratitude for our Armed Forces. It ensures that 
those who seek to exploit these medals for fraudulent gain are held 
accountable.
  We have a long-standing commitment to protect the status of military 
decorations awarded to our military heroes who sacrifice greatly for us 
in service.
  The first honorary badges of distinction for military service date 
back to George Washington's presidency. Washington stated that anyone 
with the ``insolence to assume'' a badge that he did not earn would be 
severely punished.
  It has been a federal crime for nearly a century to wear, 
manufacture, sell or fraudulently produce military decorations or 
medals without authorization. In 2006, Congress enacted the Stolen 
Valor Act after a rise in number of fraudulent claims of receipt of 
military decorations, particularly the Medal of Honor.
  This past June, the Supreme Court, in U.S. v. Alvarez, held that the 
Stolen Valor Act wrongly criminalized speech protected by the First 
Amendment. Simply put, lying about receiving a Medal of Honor, although 
it may be offensive, is in fact protected free speech.
  The Court did acknowledge that false claims about military 
decorations, such as the Medal of Honor, demean the value of the award 
and may offend the true holders of these decorations.
  H.R. 1775, the ``Stolen Valor Act of 2011,'' clarifies the law to 
make it a crime to fraudulently hold oneself out to be a recipient of 
the Congressional Medal of Honor or other enumerated military 
decoration with the intent to obtain money, property or other tangible 
benefit.
  The term ``fraudulently'' incorporates the necessary knowledge 
requirement. Black's Law Dictionary defines ``fraud'' as ``a knowing 
misrepresentation of the truth or concealment of a material fact to 
induce another to act to his or her injury.'' It clarifies that there 
must be specific intent to engage in the crime, namely that the fraud 
is committed for money, property or other tangible benefit.
  The term ``tangible benefit'' is intended to cover those ``valuable 
considerations'' beyond money or property, such as offers of 
employment, which Justice Kennedy identified as appropriately 
prohibited benefits to a fraud.
  H.R. 1775 clarifies the Stolen Valor Act to protect the right to free 
speech but also ensures that those whose speech is intended to defraud 
and do not enjoy First Amendment protection will be held responsible.
  I again thank the gentleman from Nevada (Mr. Heck) for his leadership 
on this issue. And I urge my colleagues to support this bill.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Nevada (Mr. Heck), the sponsor of this legislation.
  Mr. HECK. I thank the gentleman for yielding.
  Mr. Speaker, I rise today to urge my colleagues to join with me in 
protecting the honor and valor of our military heroes by passing H.R. 
1775, the Stolen Valor Act of 2011.
  On June 28, 2012, the U.S. Supreme Court struck down the Stolen Valor 
Act of 2005, concluding that the broad nature of the law infringed upon 
the guaranteed protection of free speech provided by the First 
Amendment of our Constitution. The Court determined that the act 
``sought to control and suppress all false statements on this one 
subject without regard as to whether the lie was made for the purpose 
of material gain.''
  However, in concurring with the decision of the plurality, Justice 
Breyer stated that a ``more finely tailored statute that shows the 
false statement caused specific harm or was at least material could 
significantly reduce the threat of First Amendment harm while 
permitting the statute to achieve its important protective objective.''
  Mr. Speaker, this is exactly what my legislation does. The Stolen 
Valor Act of 2011 resolves these constitutional issues by clearly 
defining that the objective of the law is to target and punish those 
who misrepresent their alleged service with the intent of profiting 
personally or financially. Defining the intent helps ensure that this 
law will pass constitutional scrutiny while at the same time achieving 
its primary objective, which is to preserve and protect the honor and 
integrity of military service and awards.
  In 2006, every Member of both the House and Senate clearly understood 
the need for this legislation and demonstrated that by unanimously 
passing the prior Stolen Valor Act in each Chamber. Mr. Speaker, the 
need to protect the honor, service, and sacrifice of our veterans and 
military personnel is just as strong today as it was in 2006.

                              {time}  1520

  This House has the opportunity to once again show our servicemembers 
and veterans that we value the magnitude of their sacrifice while at 
the same time protecting the constitutional rights that they fought so 
hard to protect.
  H.R. 1775 enjoys broad bipartisan support with 107 cosponsors and is 
supported by numerous veteran service organizations, including the 
Veterans of Foreign Wars, the Association of the U.S. Navy, the Fleet 
Reserve Association, the National Association for Uniformed Services, 
the National Guard Association of the United States, the Association of 
the United States Army, the Military Officers Association of America, 
the Military Order of the Purple Heart, and AMVETS.
  I would like to thank Chairman Smith and Ranking Member Conyers for 
helping to move this important legislation that was reported 
unanimously out of the Judiciary Committee. I would also like to thank 
my colleague from Arkansas (Mr. Griffin) for sponsoring this substitute 
amendment during committee consideration.
  Mr. Speaker, it is only fitting that we pass this bill on the 11th 
anniversary of the attacks of 9/11 in recognition of the brave 
servicemen and women who have fought and died in the war to bring the 
perpetrators of these attacks to justice. I urge my colleagues to 
support H.R. 1775.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 1775, the Stolen Valor Act. It 
has long been a tradition in the United States to recognize those in 
our armed services who stand out among their peers for service to our 
Nation by awarding them special military medals and declarations. 
Recipients of these special honors have often been wounded in the line 
of duty or have made the ultimate sacrifice.
  Military medals and declarations constitute a tribute, as well as 
tangible manifestation of our Nation's deep and abiding recognition and 
appreciation to our servicemembers.
  There are, however, those who falsely claim to be recipients of these 
special honors. Such malicious actions denigrate the integrity of those 
honors to those who have legitimately received them.
  In response, a law was enacted with the laudable purpose of ensuring 
the integrity of military honors by punishing those who make such false 
representations.
  Unfortunately, the scope of the law was recently found by the Supreme 
Court to be unconstitutional as an abridgement of the First Amendment's 
right to free speech because the First Amendment even protects 
despicable speech.
  Justice Kennedy, however, writing for the court set out certain 
guidelines that Congress could follow in remedying the statute's 
constitutional flaw. He wrote:
  Where false claims are made to effect a fraud or secure moneys or 
other valuable considerations, say offers of employment, it is well-
established that the government may restrict speech without affronting 
the First Amendment.
  So, as reported by the Judiciary Committee, this bill adheres to this 
suggested construct by amending the current law to prohibit individuals 
from fraudulently representing themselves as recipients of these honors 
in order to obtain money, property, or other tangible benefits. This 
will actually cover most of the incidences of false claims.
  As a result, this measure will, in full compliance with the 
Constitution, ensure that no one will financially benefit or receive 
other tangible rewards from falsely representing that they have been 
awarded these honors and this will cover all of the despicable cases of 
false claims that the Constitution will allow.
  H.R. 1775 will protect the honor and integrity of our Nation's 
military medals and decorations as well as respect the rights accorded 
to Americans under the First Amendment.
  Accordingly, Mr. Speaker, I urge my colleagues to support the 
legislation, and I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I will yield as much time as he 
might

[[Page H5795]]

consume to the gentleman from Arkansas (Mr. Griffin) who is an active 
member of the Judiciary Committee.
  Mr. GRIFFIN. Thank you, Mr. Chairman.
  Mr. Speaker, I rise today in support of H.R. 1775, the Stolen Valor 
Act of 2011, and urge its passage.
  I would like to thank Congressman Joe Heck for his leadership on this 
issue as well as Judiciary Committee Chairman Smith, also Ranking 
Member Conyers, for their bipartisan cooperation passing this bill out 
of committee.
  As a proud cosponsor of the Stolen Valor Act, I offered a substitute 
amendment during committee consideration in response to the recent 
Supreme Court decision in U.S. v Alvarez. The court instructed that, 
however despicable, a false claim about receiving a military award is 
protected by the First Amendment. The substitute amendment, which was 
adopted unanimously by the Judiciary Committee on August 1, 2012, 
incorporates the Supreme Court's opinion and recommendations in 
Alvarez.
  The bill we consider today ensures that the Medal of Honor, Purple 
Heart, and other military awards will be protected from fraud and that 
those who make false claims of military service or awards will face 
criminal penalties. I believe that protecting the integrity and valor 
of American servicemembers who have distinguished themselves in defense 
of this Nation is critically important. We must ensure that the Medal 
of Honor and other military awards are protected from fraud, and the 
Stolen Valor Act helps in that effort.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield back the balance of my 
time.
  Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of our time 
as well.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, H.R. 1775, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SCOTT of Virginia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________