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

1. Adds DIVISION E--STOLEN VALOR ACT at the end of the bill

   Adds a section

   In S. 3254 · Placed on Calendar Senate

   Defense-related activities Defense related administrative support.. 118,836 118,836 Office of hearings and appeals.......... 4,801 4,801 Subtotal, Other defense activities...... 735,702 735,702 Total, Other Defense Activities......... 735,702 735,702 ------------------------------------------------------------------------

   Inserted: DIVISION E--STOLEN VALOR ACT

   Inserted: SEC. 5001. SHORT TITLE.

   Inserted: This division may be cited as the "Stolen Valor Act of 2012".

   Inserted: SEC. 5002. FINDINGS.

   Inserted: Congress find the following:

   Inserted: (1) Because of the great respect in which military service and military awards are rightfully held by the public, false claims of receiving such medals or serving in the military are especially likely to be harmful and material to employers, voters in deciding to whom paid elective positions should be entrusted, and in the award of contracts.

   Inserted: (2) Military service and military awards are held in such great respect that public and private decisions are correctly influenced by claims of heroism.

   Inserted: (3) False claims of military service or military heroism are an especially noxious means of obtaining something of value because they are particularly likely to cause tangible harm to victims of fraud.

   Inserted: (4) False claims of military service or the receipt of military awards, if believed, are especially likely to dispose people favorably toward the speaker.

   Inserted: (5) False claims of military service or the receipt of military awards are particularly likely to be material and cause people to part with money or property. Even if such claims are unsuccessful in bringing about this result, they still constitute attempted fraud.

   Inserted: (6) False claims of military service or the receipt of military awards that are made to secure appointment to the board of an organization are likely to cause harm to such organization through their obtaining the services of an individual who does not bring to that organization what he or she claims, and whose falsehood, if discovered, would cause the organization's donors concern that the organization's board might not manage money honestly.

   Inserted: (7) The easily verifiable nature of false claims regarding military service or the receipt of military awards, the relative infrequency of such claims, and the fact that false claims of having served in the military or received such awards are rightfully condemned across the political spectrum, it is especially likely that any law prohibiting such false claims would not be enforced selectively.

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   Inserted: (8) Congress may make criminal the false claim of military service or the receipt of military awards based on its powers under article I, section 8, clause 2 of the Constitution of the United States, to raise and support armies, and article I, section 8, clause 18 of the Constitution of the United States, to enact necessary and proper measures to carry into execution that power.

   Inserted: SEC. 5003. MILITARY MEDALS OR DECORATIONS.

   Inserted: Section 704 of title 18, United States Code, is amended to read as follows:

   Inserted: "Sec. 704. Military medals or decorations

   Inserted: "(a) In General.--Whoever knowingly purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value 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, except when authorized under regulations made pursuant to law, shall be fined under this title, imprisoned for not more than 6 months, or both.

   Inserted: "(b) False Claims to the Receipt of Military Decorations, Medals, or Ribbons and False Claims Relating to Military Service in Order to Secure a Tangible Benefit or Personal Gain.--

   Inserted: "(1) In general.--Whoever, with the intent of securing a tangible benefit or personal gain, knowingly, falsely, and materially represents himself or herself through any written or oral communication (including a resume) to have served in the Armed Forces of the United States or to have been awarded any decoration, medal, ribbon, or other device authorized by Congress or pursuant to Federal law for the Armed Forces of the United States, shall be fined under this title, imprisoned for not more than 6 months, or both.

   Inserted: "(2) Tangible benefit or personal gain.--For purposes of this subsection, the term 'tangible benefit or personal gain' includes--

   Inserted: "(A) a benefit relating to military service provided by the Federal Government or a State or local government;

   Inserted: "(B) public or private employment;

   Inserted: "(C) financial remuneration;

   Inserted: "(D) an effect on the outcome of a criminal or civil court proceeding;

   Inserted: "(E) election of the speaker to paying office; and

   Inserted: "(F) appointment to a board or leadership position of a non-profit organization.

   Inserted: "(c) Definition.--In this section, the term 'Armed Forces of the United States' means the Army, Navy, Air Force, Marine Corps, and Coast Guard, including the reserve components named in section 10101 of title 10.".

   Inserted: SEC. 5004. SEVERABILITY.

   Inserted: If any provision of this division, any amendment made by this division, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this division, the amendments made by this division, and the application of such provisions or amendments to any person or circumstance shall not be affected.

   Original wording

   At the end, add the following:

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As printed