Stolen Valor Act of 2013

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.

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.

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

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. 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. Speaker, on that I demand the yeas and nays.

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. 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.

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. 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. 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.

Mr. Speaker, I rise today regarding my absence from the House yesterday, Monday, May 20, 2013. Because of this absence, I missed three votes on the House floor and would like to submit how I would have voted had I been in attendance. The votes were:

Rollcall No. 161, on the Motion to Suspend the Rules and pass H.R. 258, the Stolen Valor Act. I would have voted ``yea.''

Rollcall No. 162, on the Motion to Suspend the Rules and pass H.R. 1073, the Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2013. I would have voted ``yea.''

Rollcall No. 163, on Approval of the Journal. I would have voted ``yea.''