Stolen Valor Act of 2013

Floor Speech

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Mr. COLLINS of Georgia. 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.

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