To amend title 18, United States Code, with respect to protections for the Medal of Honor, and for other purposes.

July 19, 2005

Mr. SALAZAR introduced the following bill; which was referred to the Committee on the Judiciary

To amend title 18, United States Code, with respect to protections for the Medal of Honor, and for other purposes.

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 finds that--

(1) fraudulent claims surrounding receipt of the Medal of Honor, the Distinguished-Service Cross, the Air Force Cross, the Navy Cross, the Purple Heart, or any other medal or decoration awarded by Congress or the armed forces damage the reputation and meaning of these medals;

(2) Federal law enforcement officers are currently limited in their ability to prosecute fraudulent claims of receipt of military medals; and

(3) changes to the current statute are necessary to allow law enforcement personnel to protect the reputation and meaning of these medals.

SEC. 3. MILITARY MEDAL PROTECTIONS.

Section 704 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) by inserting `purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt,' after `wears'; and

(B) by inserting `attempts to sell, advertises for sale, trades, barters or exchanges for anything of value' after `sells';

(2) in subsection (b)(1), by inserting `or (b)' after `subsection (a)'

(3) by redesignating subsection (b) as subsection (c);

(4) by inserting after subsection (a) the following:

`(b) False Claims About Receipt of Military 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, 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 shall be fined under this title or imprisoned not more than six months, or both.'; and

(5) by adding at the end the following:

`(d) Other Medals- If a decoration or medal involved in an offense under subsection (a) or (b) is a Distinguished Service Cross awarded under Section 3742 of title 10, an Air Force Cross awarded under section 8742 of section 10, a Navy cross awarded under section 6242 of title 10, a silver star awarded under section 3746, 6244, or 8746 of title 10, or a Purple Heart awarded under section 1129 of title 10, or any replacement or duplicate medal as authorized by statute, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.'.

END