Stolen Valor Act of 2012

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OLL12626 S.L.C.

112TH CONGRESS2D SESSION S.

llTo amend section 704 of title 18, United States Code.

IN THE SENATE OF THE UNITED STATES

llllllllll

Mr. WEBB (for himself and Mr. BROWN of Massachusetts) introduced the fol-

lowing bill; which was read twice and referred to the Committee onllllllllll

A BILL

To amend section 704 of title 18, United States Code.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE.3

This Act may be cited as the Stolen Valor Act of4

2012.5

SEC. 2. FINDINGS.6

Congress find the following:7

(1) Because of the great respect in which mili-8

tary service and military awards are rightfully held9

by the public, false claims of receiving such medals10

or serving in the military are especially likely to be11


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harmful and material to employers, voters in decid-1

ing to whom paid elective positions should be en-2

trusted, and in the award of contracts.3

(2) Military service and military awards are4

held in such great respect that public and private5

decisions are correctly influenced by claims of her-6

oism.7

(3) False claims of military service or military8

heroism are an especially noxious means of obtaining9

something of value because they are particularly10

likely to cause tangible harm to victims of fraud.11

(4) False claims of military service or the re-12

ceipt of military awards, if believed, are especially13

likely to dispose people favorably toward the speak-14

er.15


ceipt of military awards are particularly likely to be17

material and cause people to part with money or18

property. Even if such claims are unsuccessful in19

bringing about this result, they still constitute at-20

tempted fraud.21


ceipt of military awards that are made to secure ap-23

pointment to the board of an organization are likely24

to cause harm to such organization through their ob-25


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OLL12626 S.L.C.

taining the services of an individual who does not1

bring to that organization what he or she claims,2

and whose falsehood, if discovered, would cause the3

organizations donors concern that the organizations4

board might not manage money honestly.5

(7) The easily verifiable nature of false claims6

regarding military service or the receipt of military7

awards, the relative infrequency of such claims, and8

the fact that false claims of having served in the9

military or received such awards are rightfully con-10

demned across the political spectrum, it is especially11

likely that any law prohibiting such false claims12

would not be enforced selectively.13

(8) Congress may make criminal the false claim14

of military service or the receipt of military awards15

based on its powers under article I, section 8, clause16

2 of the Constitution of the United States, to raise17

and support armies, and article I, section 8, clause18

18 of the Constitution of the United States, to enact19

necessary and proper measures to carry into execu-20

tion that power.21

SEC. 3. MILITARY MEDALS OR DECORATIONS.22

Section 704 of title 18, United States Code, is23

amended to read as follows:24


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OLL12626 S.L.C.

704. Military medals or decorations1

(a) IN GENERAL.Whoever knowingly purchases,2

attempts to purchase, solicits for purchase, mails, ships,3

imports, exports, produces blank certificates of receipt for,4

manufactures, sells, attempts to sell, advertises for sale,5

trades, barters, or exchanges for anything of value any6

decoration or medal authorized by Congress for the Armed7

Forces of the United States, or any of the service medals8

or badges awarded to the members of such forces, or the9

ribbon, button, or rosette of any such badge, decoration,10

or medal, or any colorable imitation thereof, except when11

authorized under regulations made pursuant to law, shall12

be fined under this title, imprisoned for not more than13

6 months, or both.14

(b) FALSE CLAIMS TO THE RECEIPT OF MILITARY15

DECORATIONS, MEDALS, OR RIBBONS AND FALSE16

CLAIMS RELATING TO MILITARY SERVICE IN ORDER TO17

SECURE A TANGIBLE BENEFIT OR PERSONAL GAIN.18

(1) IN GENERAL.Whoever, with the intent of19

securing a tangible benefit or personal gain, know-20

ingly, falsely, and materially represents himself or21

herself through any written or oral communication22

(including a resume) to have served in the Armed23

Forces of the United States or to have been awarded24

any decoration, medal, ribbon, or other device au-25

thorized by Congress or pursuant to Federal law for26


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OLL12626 S.L.C.

the Armed Forces of the United States, shall be1

fined under this title, imprisoned for not more than2

6 months, or both.3

(2) TANGIBLE BENEFIT OR PERSONAL GAIN.4

For purposes of this subsection, the term tangible5

benefit or personal gain includes6

(A) a benefit relating to military service7

provided by the Federal Government or a State8

or local government;9

(B) public or private employment;10

(C) financial remuneration;11

(D) an effect on the outcome of a crimi-12

nal or civil court proceeding;13

(E) election of the speaker to paying of-14

fice; and15

(F) appointment to a board or leadership16

position of a non-profit organization.17

(c) DEFINITION.In this section, the term Armed18

Forces of the United States means the Army, Navy, Air19

Force, Marine Corps, and Coast Guard, including the re-20

serve components named in section 10101 of title 10..21

SEC. 4. SEVERABILITY.22

If any provision of this Act, any amendment made23

by this Act, or the application of such provision or amend-24

ment to any person or circumstance is held to be unconsti-25


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OLL12626 S.L.C.

tutional, the remainder of the provisions of this Act, the1

amendments made by this Act, and the application of such2

provisions or amendments to any person or circumstance3

shall not be affected.4

Stolen Valor Act of 2012

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