[Congressional Record Volume 159, Number 71 (Monday, May 20, 2013)]
[House]
[Pages H2779-H2781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        STOLEN VALOR ACT OF 2013

  Mr. COLLINS of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 258) to amend title 18, United States Code, with 
respect to fraudulent representations about having received military 
declarations or medals.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 258

       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 2013''.

     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 
Georgia (Mr. Collins) and the gentleman from Virginia (Mr. Scott) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. COLLINS of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on H.R. 258, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I 
may consume.
  This Nation is blessed with many valiant men and women who have 
dedicated their lives to military service. My home State of Georgia has 
no shortage of these heroes, including Technical Sergeant Barry 
Duffield, who serves as a bomb disposal technician in the Georgia 
Guard's 116th Air Control Wing.
  While deployed to Afghanistan, Sergeant Duffield's job was to oversee 
teams responsible for an incredibly dangerous job--neutralizing 
improvised explosive devices, or IEDs. Sergeant Duffield and his 
colleagues successfully completed 52 missions and helped destroy more 
than 1,200 pounds of enemy explosives. On January 7, 2013, Sergeant 
Duffield was awarded the Purple Heart for injuries he suffered during 
an IED detonation while deployed to Afghanistan in 2011. Sergeant 
Duffield also earned the Bronze Star and the Air Force Combat Action 
Medal for his valor during the same deployment.
  The Purple Heart is one of the oldest and most recognized American 
military medals--dating back to 1782 when George Washington created 
what was then called the Badge of Military Merit to award ``any 
singularly meritorious action'' by a member of the military. Today, the 
Purple Heart is awarded to servicemembers like Sergeant Duffield who 
were killed or wounded by enemy action.
  For almost 100 years, it has been a Federal crime to wear, 
manufacture, or sell military decorations or medals without proper 
authorization. In spite of this, many people have fraudulently claimed 
to be the recipient of military decorations, and this has unfortunately 
increased in recent years. In just one State, 600 people claimed on tax 
forms to be a recipient of the Medal of Honor in 1 year, even though at 
the time there were only 132 recipients alive nationwide.
  To address this increase of fraudulent claims, in 2006 Congress 
enacted the Stolen Valor Act. This important law expands the penalties 
for falsely representing oneself as a recipient of any medal or honor 
authorized by Congress for the armed services.
  In June 2012, the Supreme Court held in a case called U.S. v. Alvarez 
that the Stolen Valor Act inappropriately criminalized speech protected 
by the First Amendment. Specifically, the Court held that lying, even 
about having received a military decoration, is, by itself, protected 
speech. The Court, however, did note in this same case:

       In periods of war and peace alike, public recognition of 
     valor and noble sacrifice by men and women in uniform 
     reinforces the pride and national resolve that the military 
     relies upon to fulfill its mission.

  The Court also provided that false claims about military decorations 
demean the high purpose of such awards. This harm alone does not 
overcome the high level of scrutiny afforded protected speech. However, 
the Court did find:

       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.

  H.R. 258, the Stolen Valor Act of 2013, narrows the law to make it a 
crime when people falsely claim to be a recipient of military 
decorations in order to carry out a fraud. The bill rewrites the 
statute to prohibit holding oneself out to be a recipient of certain 
military decorations or medals with the intent to obtain money, 
property, or

[[Page H2780]]

other tangible benefit. The penalty is limited to fraudulent claims 
related only to the Congressional Medal of Honor and those decorations 
or medals listed in the statute, including the Purple Heart.
  This legislation enjoys strong bipartisan support, and a similar bill 
was passed by the House with overwhelming support last Congress. I urge 
my colleagues to join me in support of H.R. 258, and I reserve the 
balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 258, the Stolen Valor Act of 
2013. H.R. 258 is an important bill because it upholds the integrity of 
military medals and decorations as well as corrects a constitutional 
flaw in a statute intended to protect the integrity of these honors.
  Without question, all of those who serve our Nation deserve to be 
honored, and those who have gone beyond their peers in serving our 
Nation deserve special recognition. It is especially appropriate that 
we consider this bill just before Memorial Day, a special day when we 
remember and honor the sacrifice of those who died serving our country 
in the military.
  One way in which our Nation recognizes the outstanding bravery and 
sacrifice of servicemembers is to award these dedicated men and women 
special medals and decorations.

                              {time}  1710

  Recipients of these distinctions often have received serious injuries 
or made supreme sacrifices defending our Nation. To ensure that these 
honors bestowed on these recipients are not diminished, Congress must 
do all within its power to prevent anyone from falsely claiming that 
they have received these medals or decorations.
  While that was the goal of the original Stolen Valor Act enacted in 
2006, the Supreme Court, in 2012, found that the breadth and scope of 
that legislation ran afoul of the First Amendment's free speech 
protections. In that case, Justice Kennedy wrote that while ``few may 
find the respondent's statements anything but contemptible, his right 
to make those statements is protected by the Constitution's guarantee 
of freedom of speech and expression.''
  But Justice Kennedy, in writing that opinion, also set out certain 
parameters he suggested that would pass constitutional muster should 
Congress seek to rewrite the legislation. He advised:

       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.

  The text of H.R. 258 was crafted to carefully comply with that 
guidance. As drafted, the bill prohibits individuals from fraudulently 
representing themselves as recipients of a narrow group of special 
military honors in order to obtain money, property, or other tangible 
benefits. H.R. 258 ensures that anyone who falsely represents that they 
have been awarded these honors in order to benefit in some material way 
will be subject to criminal sanction.
  I support the bill because it protects the honor of our military 
medals and decorations, while also respecting the First Amendment. I 
urge my colleagues to support the bill.
  I reserve the balance of my time.
  Mr. COLLINS of Georgia. Mr. Speaker, I'm now pleased to yield as much 
time as he may consume to the gentleman from Nevada (Mr. Heck), the 
sponsor of this legislation and a tireless advocate for servicemen and 
-women.
  Mr. HECK of Nevada. I thank the gentleman for yielding.
  Mr. Speaker, I rise today to urge my colleagues to join with me in 
restoring the honor and valor of our military heroes by passing H.R. 
258, the Stolen Valor Act of 2013.
  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, that's exactly what my legislation does. The Stolen 
Valor Act of 2013 resolves these constitutional issues by clearly 
defining that the objective of the law is to target and punish those 
who misrepresent their 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 the honor and integrity of military 
service and awards.
  In 2006, every Member of both the House and the Senate clearly 
understood the need to protect the integrity and honor of military 
service and demonstrated that by unanimously passing the Stolen Valor 
Act in each Chamber.
  That body understood that the proliferation of false claims occurring 
at the time cheapened the integrity of the military awards system and 
threatened the trust and honor bestowed upon military servicemembers 
and veterans by this Nation.
  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. The need is just as strong today as it was last year when this 
body passed the 2012 Stolen Valor legislation 410-3. The need will be 
just as strong as long as there are individuals who continue to lie 
about service in order to gain notoriety, profit personally and 
professionally, and to receive benefits reserved for those who fought 
in defense of this Nation.
  This House has the opportunity to once again show our servicemembers 
and veterans that we value the sanctity of their sacrifice while, at 
the same time, protecting the constitutional rights that they've fought 
so hard to protect.
  This past Saturday was Armed Forces Day, and a week from today is 
Memorial Day. Mr. Speaker, what better way to show our support for our 
brave servicemen and -women than by passing this legislation before us 
today?
  H.R. 258 enjoys broad bipartisan support, with 124 cosponsors, and is 
supported by numerous veterans 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 want to thank Chairman Goodlatte and Ranking Member Conyers for 
moving this important legislation through the Judiciary Committee.
  I urge my colleagues to support H.R. 258.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield back important piece of 
legislation. I appreciate the gentleman from Nevada bringing this 
forward and moving it forward as we go ahead. I would, at this point, 
urge all my colleagues to vote ``yes.''
  I yield back the balance of my time.
  Mr. GENE GREEN of Texas. Mr. Speaker, today I rise in support of the 
Stolen Valor Act (H.R. 258).
  This bill would amend the federal criminal code to rewrite provisions 
relating to fraudulent claims about military service to be subjected to 
a fine, imprisonment, or both.
  This would apply to an individual who, with intent to obtain money, 
property, or other tangible benefits, fraudulently holds himself or 
herself out to be a recipient of a military medal.
  This bill was passed with overwhelming support in the previous 
Congress, but was found by the Supreme Court to violate the first 
Amendment. I commend Rep. Heck for making the necessary changes and 
trying again.
  The men and women of our Armed Forces unselfishly answer the call of 
duty to defend our freedom. Congress should not allow anyone to 
capitalize on their accomplishments.
  I urge my colleagues to stand with our Brave Men and Women and 
support this bill.
  The SPEAKER pro tempore. The question is on the motion offered by

[[Page H2781]]

the gentleman from Georgia (Mr. Collins) that the House suspend the 
rules and pass the bill, H.R. 258.
  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. COLLINS of Georgia. 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 motion will be postponed.

                          ____________________