Skip to main content

Cong Joe Heck, Col-USAR (MC) (R-NV-3) Succeeds In Passing the Stolen Valor Act

  • Cong Joe Heck, Col-USAR (MC) (R-NV-3) Succeeds In Passing the Stolen Valor Act

 Congressman Joe Heck, Col-USAR (MC) (R-NV-3), an endorsed and elected Combat Veterans For Congress, authored a new version of the Stolen Valor Act.  The first Stolen Valor Law made it a crime to lie about being awarded a medal for valor while serving in the US Armed Forces. Last summer the Supreme Court ruled the Stolen Valor Law was too broad and violated the “Free Speech” provision of the US Constitution.  Congressman Heck said he understood that fraud is already a crime, but noted that each state punishes it in a different way, and since the military awards for valor are federally authored awards, he felt strongly that there needed to be a uniform federal standard to deal with the issue.   Last summer, Congressman Heck analyzed the Supreme Court’s decision, and saw an opening to propose an updated version of the law by inserting a line about gaining “material advantage”.  The new language in the Act states that if someone lies about being awarded a certain medal, with the intent of gaining materially, profiting personally, or profiting financially it would violate the Stolen Valor Act.

“People who earn these awards have taken an oath to put their life on the line,” Congressman Heck said, “and awards are often given posthumously.” These types of issues should be held to a higher standard. Evidently, the Supreme Court thinks it’s OK to lie about winning one of these. But if you are going to lie to actually benefit in some material way, I think that needs to be held to a higher standard.”

 With the modified language that Congressman Heck authored, the House voted to pass the revised Stolen Valor Act in its new form.  The Senate version of the Stolen Valor Act is co-sponsored by Senator Jon Tester (D-Mont) and Senator Dean Heller (R-NV) is close to passage; as soon as it is passed Congressman Heck’s Stolen Valor Bill will be sent to the White House for Obama’s signature. “The second version of the Stolen Valor Act” said Congressman Heck “resolves Constitution 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.” 
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
House passes bill on lying about military medals

AP News | May 20, 2013

WASHINGTON (AP) — People who falsely claim they have received a military medal in order to obtain money or government benefits could face up to a year in jail under legislation that easily passed the House Monday.

The Stolen Valor Act, sponsored by Nevada Republican Joe Heck, is a second attempt by the House to revive a law on fraudulent claims to medals that was struck down by the Supreme Court in June last year. The legislation is identical to a measure that passed the House overwhelmingly last September but saw no Senate action before the last session of Congress ended. The vote Monday was 390-3.

The Supreme Court, in invalidating the Stolen Valor Act of 2006, ruled that while making false statements about receiving a military medal might be contemptible, such lies were protected by First Amendment free speech rights. The case involved a former California politician who lied about being a decorated military veteran. It has long been a crime to wear, manufacture or sell military declarations or medals without proper authorization.

As rewritten, the bill more narrowly focuses on those who lie about receiving medals "with intent to obtain money, property or other tangible benefit." That could include those who claim medals in order to receive veteran’s benefits, land a government contract or get a job reserved for veterans. Offenders face fines and up to a year in prison.

The bill, said Heck, "resolves these constitutional issues by clearly defining that the objective of the law is to target and punish those who represent their service with the intent of profiting personally or financially."

After the Supreme Court ruling, the Pentagon announced it would establish a database of military valor awards and medals, making it easier to validate claims.

The site, http://valor.defense.gov/, lists individuals who were awarded the Medal of Honor or a Service Cross prior to or after Sept 11, 2001. It also lists Silver Star recipients for actions since Sept. 11.

Sen. Dean Heller, R-Nev., has similar legislation pending in the Senate.