(This measure has not been amended since it was reported to the House on September 10, 2012. The summary of that version is repeated here.)
Stolen Valor Act of 2012 - 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 an individual who, with intent to obtain money, property, or other tangible benefit, fraudulently holds himself or herself out to be a recipient of:
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1775 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1775
To amend title 18, United States Code, to establish a criminal offense
relating to fraudulent claims about military service.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2011
Mr. Heck (for himself, Mr. Ryan of Ohio, Mr. Conaway, Mr. Chaffetz, Mr.
Brady of Pennsylvania, Mr. Simpson, Mr. Miller of Florida, Mr. Heller,
Mr. Platts, Mr. Garamendi, Mr. Lamborn, Mr. Bartlett, Mr. Wilson of
South Carolina, Mrs. Myrick, Mr. Crawford, Mr. McKeon, Mr. West, Mr.
Rogers of Michigan, Mr. Stivers, Mr. Grimm, Mr. Hunter, Mr. Rooney, Mr.
Thornberry, Mr. Duncan of South Carolina, Mrs. Hartzler, Mr. Johnson of
Ohio, Mr. Young of Florida, Mr. Burton of Indiana, Mr. Walden, Mr.
Kinzinger of Illinois, Mr. Duncan of Tennessee, and Mr. Long)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to establish a criminal offense
relating to fraudulent claims about military service.
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 2011''.
SEC. 2. ESTABLISHMENT OF CRIMINAL OFFENSE RELATING TO CERTAIN
MISREPRESENTATIONS ABOUT MILITARY SERVICE.
(a) Misrepresentations About Military Service.--Chapter 47 of title
18, United States Code, is amended by adding at the end the following
new section:
``Sec. 1041. Certain misrepresentations about military service.
``(a) Offense.--Whoever, with intent to obtain anything of value,
knowingly makes a misrepresentation regarding his or her military
service, shall--
``(1) if the misrepresentation is that such individual
served in a combat zone, served in a special operations force,
or was awarded the Congressional Medal of Honor, be fined under
this title, imprisoned not more than 1 year, or both; and
``(2) in any other case, be fined under this title,
imprisoned not more than 6 months, or both.
``(b) Exception for Denial of Service.--Subsection (a) does not
apply to a misrepresentation that an individual did not serve in the
Armed Forces of the United States.
``(c) Defense.--It is a defense to a prosecution under this section
if the thing of value is de minimis.
``(d) Definitions.--In this section:
``(1) Armed forces of the united states.--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, United States Code.
``(2) Combat zone.--The term `combat zone' has the meaning
given such term in section 112(c)(2) of the Internal Revenue
Code of 1986.
``(3) Congressional medal of honor.--The term
`Congressional Medal of Honor' has the meaning given such term
in section 704 of title 18, United States Code.
``(4) Military service.--The term `military service'
means--
``(A) service in the Armed Forces of the United
States;
``(B) service in a combat zone as a member of the
Armed Forces of the United States;
``(C) attainment of a specific rank in the Armed
Forces of the United States; and
``(D) receipt of--
``(i) any decoration or medal authorized by
Congress for the Armed Forces of the United
States;
``(ii) any of the service medals or badges
awarded to members of such forces; or
``(iii) the ribbon, button, or rosette of
any such badge, decoration, or medal.
``(5) Special operations force.--The term `special
operations force' has the meaning given such term in section
167(i) of title 10, United States Code.''.
(b) Conforming Amendments.--Section 704 of title 18, United States
Code, is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(3) in subsection (b)(1), as redesignated by paragraph (2),
by striking ``or (b)''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``or (b)''.
SEC. 3. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 47 of title 18,
United States Code, is amended by adding at the end the following new
item:
``1041. Certain misrepresentations about military service.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 112-650.
Reported (Amended) by the Committee on Judiciary. H. Rept. 112-650.
Placed on the Union Calendar, Calendar No. 468.
Mr. Smith (TX) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5793-5795)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 1775.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5949)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 410 - 3 (Roll no. 575).(text: CR 9/11/2012 H5793)
Roll Call #575 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 410 - 3 (Roll no. 575). (text: CR 9/11/2012 H5793)
Roll Call #575 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate.