120 STAT. 3266 PUBLIC LAW 109–437—DEC. 20, 2006

Public Law 109–437

109th Congress

An Act

To amend title 18, United States Code, to enhance protections relating to the

reputation and meaning of the Medal of Honor and other military decorations

and awards, 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 makes the following findings:

(1) Fraudulent claims surrounding the receipt of the Medal

of Honor, the distinguished-service cross, the Navy cross, the

Air Force cross, the Purple Heart, and other decorations and

medals awarded by the President or the Armed Forces of the

United States damage the reputation and meaning of such

decorations and medals.

(2) Federal law enforcement officers have limited ability

to prosecute fraudulent claims of receipt of military decorations

and medals.

(3) Legislative action is necessary to permit law enforcement officers to protect the reputation and meaning of military

decorations and medals.

SEC. 3. ENHANCED PROTECTION OF MEANING OF MILITARY DECORATIONS AND MEDALS.

(a) EXPANSION OF GENERAL CRIMINAL OFFENSE.—Subsection

(a) of section 704 of title 18, United States Code, is amended

by striking ‘‘manufactures, or sells’’ and inserting ‘‘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’’.

(b) ESTABLISHMENT OF CRIMINAL OFFENSE RELATING TO FALSE

CLAIMS ABOUT RECEIPT OF DECORATIONS AND MEDALS.—Such section 704 is further amended—

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

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

‘‘(b) FALSE CLAIMS ABOUT RECEIPT OF MILITARY DECORATIONS

OR 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, any

of the service medals or badges awarded to the members of such

forces, the ribbon, button, or rosette of any such badge, decoration,

18 USC 704 note.

18 USC 1 note.

Stolen Valor Act

of 2005.

Dec. 20, 2006

[S. 1998]

PUBLIC LAW 109–437—DEC. 20, 2006 120 STAT. 3267

LEGISLATIVE HISTORY—S. 1998:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 7, considered and passed Senate.

Dec. 6, considered and passed House.

Æ

or medal, or any colorable imitation of such item shall be fined

under this title, imprisoned not more than six months, or both.’’;

and

(3) in paragraph (1) of subsection (c), as redesignated by

paragraph (1) of this subsection, by inserting ‘‘or (b)’’ after

‘‘subsection (a)’’.

(c) ENHANCED PENALTY FOR OFFENSES INVOLVING CERTAIN

OTHER MEDALS.—Such section 704 is further amended by adding

at the end the following:

‘‘(d) ENHANCED PENALTY FOR OFFENSES INVOLVING CERTAIN

OTHER MEDALS.—If a decoration or medal involved in an offense

described in subsection (a) or (b) is a distinguished-service cross

awarded under section 3742 of title 10, a Navy cross awarded

under section 6242 of title 10, an Air Force cross awarded under

section 8742 of section 10, a silver star awarded under section

3746, 6244, or 8746 of title 10, a Purple Heart awarded under

section 1129 of title 10, or any replacement or duplicate medal

for such medal as authorized by law, in lieu of the punishment

provided in the applicable subsection, the offender shall be fined

under this title, imprisoned not more than 1 year, or both.’’.

(d) CONFORMING AMENDMENTS.—Subsection (c) of such section

704, as so redesignated, is further amended—

(1) by inserting ‘‘ENHANCED PENALTY FOR OFFENSES

INVOLVING’’ before ‘‘CONGRESSIONAL MEDAL OF HONOR’’; and

(2) by striking paragraph (2) and inserting the following:

‘‘(2) CONGRESSIONAL MEDAL OF HONOR DEFINED.—In this

subsection, the term ‘Congressional Medal of Honor’ means—

‘‘(A) a medal of honor awarded under section 3741,

6241, or 8741 of title 10 or section 491 of title 14;

‘‘(B) a duplicate medal of honor issued under section

3754, 6256, or 8754 of title 10 or section 504 of title

14; or

‘‘(C) a replacement of a medal of honor provided under

section 3747, 6253, or 8747 of title 10 or section 501 of

title 14.’’.

Approved December 20, 2006.