The Stolen Valor Act of 2013 (; ) is a

United States federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...

that was passed by the

113th United States Congress The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Barack Obama's presidency. It was composed of the ...

. The law amends the federal criminal code to make it a crime for a person to fraudulently claim having received a valor award specified in the Act, with the intention of obtaining money, property, or other tangible benefit by convincing another that he or she received the award. The law is a revised version of a previous statute with roughly the same name that had been struck down by the Supreme Court of the United States in '' United States v. Alvarez.'' In that case, the Supreme Court ruled the arrest and prosecution of a citizen for wearing and claiming to have received unearned military awards, who did so without criminal intent, under the 2005 law violates their constitutional right to freedom of speech.

Provisions of the bill

:''This summary is based largely on the summary provided by the

Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a ...

, a

public domain The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, ...

source.'' The Stolen Valor Act of 2013 amends the federal criminal code to rewrite provisions relating to fraudulent claims about military service to subject to a fine, imprisonment for not more than one year, or both for an individual who, with intent to obtain money, property, or other tangible benefit, fraudulently holds himself or herself out to be a recipient of: *

Medal of Honor The Medal of Honor (MOH) is the United States Armed Forces' highest military decoration and is awarded to recognize American soldiers, sailors, marines, airmen, guardians and coast guardsmen who have distinguished themselves by acts of valo ...

Distinguished Service Cross The Distinguished Service Cross (D.S.C.) is a military decoration for courage. Different versions exist for different countries. *Distinguished Service Cross (Australia) The Distinguished Service Cross (DSC) is a military decoration awarded to ...

Navy Cross The Navy Cross is the United States Navy and United States Marine Corps' second-highest military decoration awarded for sailors and marines who distinguish themselves for extraordinary heroism in combat with an armed enemy force. The medal is eq ...

* Air Force Cross * Silver Star *

Bronze Star The Bronze Star Medal (BSM) is a United States Armed Forces decoration awarded to members of the United States Armed Forces for either heroic achievement, heroic service, meritorious achievement, or meritorious service in a combat zone. Wh ...

Purple Heart The Purple Heart (PH) is a United States military decoration awarded in the name of the President to those wounded or killed while serving, on or after 5 April 1917, with the U.S. military. With its forerunner, the Badge of Military Merit, ...

Combat Action Ribbon The Combat Action Ribbon (CAR, ), is a high precedence United States Navy, United States Coast Guard, and United States Marine Corps military decoration awarded to United States sea service members "who have actively participated in ground or ...

Combat Infantryman's Badge The Combat Infantryman Badge (CIB) is a United States Army military decoration. The badge is awarded to infantrymen and Special Forces soldiers in the rank of colonel and below, who fought in active ground combat while assigned as members of e ...

Combat Action Badge The Combat Action Badge (CAB) is a United States military award given to soldiers of the U.S. Army of any rank and who are not members of an infantry or special forces MOS, for being "present and actively engaging or being engaged by the enemy, a ...

Combat Medical Badge The Combat Medical Badge is an award of the United States Army which was first created in January 1945. Any member of the Army Medical Department, at the rank of colonel or below, who is assigned or attached to a ground combat arms unit of brigad ...

* Combat Action Medal * Or any replacement or duplicate medal for such medal as authorized by law.

Congressional Budget Office report

H.R. 258 makes changes to the current federal offenses relating to fraudulent claims about military service. As a result, the government might be able to pursue cases that it otherwise would not be able to prosecute. CBO expects that H.R. 258 would apply to a relatively small number of additional offenders, however, so any increase in costs for law enforcement, court proceedings, or prison operations would not be significant. Any such costs would be subject to the availability of appropriated funds. Because those prosecuted and convicted under H.R. 258 could be subject to civil and criminal fines, the federal government might collect additional fines if the legislation is enacted. Civil and criminal fines are recorded as revenues. Criminal fines are deposited in the Crime Victims Fund and later spent. CBO expects that any additional revenues and direct spending would not be significant because relatively few cases would likely be affected.

Procedural history

House

The Stolen Valor Act of 2013 was introduced by Rep. Joe Heck (R-NV) on January 15, 2013. It was referred to the

United States House Committee on the Judiciary The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a Standing committee (United States Congress), standing committee of the United States House of Representatives. It is charged with overseeing the administra ...

and the United States House Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations. On May 20, 2013, the House voted to pass the Stolen Valor Act of 2013 by 390–3 i
Roll Call Vote 161

Senate

The Stolen Valor Act of 2013 was received in the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on May 21, 2013. It passed the Senate by

unanimous consent In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a prop ...

on May 22, 2013.

Presidential signature

The bill was signed into law by President

Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...

on June 3, 2013.

Government Reactions to Stolen Valor Act Legal Challenges

Justice Anthony Kennedy's opinion in '' United States v. Alvarez'' cited that "a Government-created database" is "at least one less speech-restrictive means by which the Government could likely protect the integrity of the military award system." In his view, "were a database accessible through the Internet, it would be easy to verify and expose false claims." In response, President Obama announced the creation of the DoD valor database, or valor.defense.gov in July 2012, saying "this week, we will launch a new website, a living memorial, so the American people can see who’s been awarded our nation’s highest honors . . . because no American hero should ever have their valor stolen.” This database and the 2013 revision of the Stolen Valor Act were the Obama administration's dual response to the Alvarez case.

Notes/References

External links

Library of Congress – Thomas H.R. 258

beta.congress.gov H.R. 258

GovTrack.us H.R. 258

OpenCongress.org H.R. 258

House Republicans' report on H.R. 258

Congressional Budget Office's report on H.R. 258
{{US government sources Acts of the 113th United States Congress Military awards and decorations of the United States