Sen Conrad's Statement on the Stolen Valor Act

[JBFloyd]

Senator Conrad, Senate sponsor of the Stolen valor Act, read the following statement into the Congressional Record on 27 Feb. It was prepared by Shaun Ferguson, one of his staffers, based in part on a paper put together by Steve Johnson (www.wwmeinc.com) and distributed at the Louisville SOS last month:

Statement of Senator Kent Conrad

February 27, 2007

MR. CONRAD: Mr. President, I would like to comment today on the Stolen Valor Act of 2005 that was signed into law by President Bush on December 20, 2006. I am extremely proud of authoring the Senate version of this legislation that ultimately became law. The new law that has resulted from the Stolen Valor Act strengthens and expands the protections for our Armed Forces? military service awards and decorations.

Since the Stolen Valor Act was signed into law, there have been reports of concerns raised by medals collectors, historians, museums, family members that inherit medals, and persons legitimately possessing, shipping, or selling military service awards and decorations. I would like to make it clear for the Record that the intent and effect of my legislation and the resulting law is only to provide the tools law enforcement need to prosecute those fraudulently using military service awards they did not earn through service to our Armed Forces. It does not in any way restrict legitimate possession, use, shipment, or display of these awards and decorations.

Before the law was enacted, my legislation was reviewed by the Senate Judiciary Committee, the House Judiciary Committee, the Department of Justice, and the Congressional Research Service?s American Law Division. All concluded that the Stolen Valor legislation does not negatively impact those legitimately in possession of military service awards and decorations.

Although the new law modifies Title 18 USC, Section 704, it does not impact the legitimate purchase, sale, or possession of medals. The key part of this passage is the phrase: "except when authorized under regulations made pursuant to law." That exception refers to 32 Code of Federal Regulations (CFR), Section 507. I believe the concerns raised by collectors and dealers of military medals and memorabilia may stem from lack of familiarity with the CFR and its relationship to statutory law. The CFR is the regulation that implements and administers statutory provisions, in this case, the provisions of 18 USC Section 704 as amended by the Stolen Valor Act.

The CFR specifically states in Section 507.12 (b) ?Mere possession by a person of any of the articles prescribed in Sec. 507.8 of this part is authorized provided that such possession is not used to defraud or misrepresent the identification or status of the individuals concerned.? According to numerous legal experts consulted on the drafting of the Stolen Valor legislation, ?mere possession? would include: family members that inherit medals, museums, collectors, approved medals dealers, historians, and other persons in possession or selling medals that do not use them for fraudulent purposes. In addition, CFR Sec. 507.8(a) indicates, ?the articles listed in paragraphs (a) (1) through (10) of this section are authorized for manufacture and sale when made in accordance with approved specifications, purchase descriptions or drawings.?

The articles listed as authorized for manufacture and sale in Sec. 507.8(a) include: decorations, service medals, ribbons, lapel buttons, and badges with the exception of the Medal of Honor. The CFR allows for the sale of all US medals (except the Medal of Honor) and insignia, provided that an official government manufacturer has made them and that the Institute of Heraldry (IOH) approved those pieces. Thus, the Stolen Valor Act does not in any way stop collectors or dealers from selling or collecting officially made medals and insignia, whether they were made yesterday or fifty years ago.

I ask Unanimous Consent that a memo from the American Law Division at Congressional Research Service supporting this analysis be included in the Record at the conclusion of my remarks.

In closing, I again want to assure those legitimately in possession of, selling, displaying, or shipping military service awards that the Stolen Valor Act is only directed at those who fraudulently use military service awards and decorations. I have been to Walter Reed Hospital, Bethesda Naval Hospital, and have awarded numerous awards and decorations to soldiers and veterans. These brave men and women have given so much to ensure our freedoms. I strongly believe protecting the meaning and valor of military service awards is a very important way we can continue to honor their service and sacrifice. "

[Guest Rick Research]

To say that I am UNDERWHELMED would be charitable.

Reading "statements" into the Congressional Record, to be buried with congratulations to Senators on each others' birthdays, recognition of National Peanut Butter Day, musings by Bobby Byrd on what Emperor Gluteus Maximus once remarked upon to Constantine's step-nephew and the like is

NOT

law.

The law is the law as written.

Truculent assertions of "that's not what we MEANT" ain't worth the paper this will be printed on-- and lost in the rest of the gooblydeegook they churn out pounding podiums to an empty chamber for a 12 second snippet on local TV.

CHANGE THE STUPID LAW AS IT STANDS WRITTEN

The LETTER of the law is what binds... until it gets to the SCUS. Postings in the Congressional Record have ZERO force of LAW.

AMEND

AMEND

AMEND

and never mind BS in the Congressional Record!!!!!

[Ulsterman]

Rick is right, in appellate court legislative history and legislative language are ancillary,indicative but not proof positive. They make great cites for the brief, but don't prove the case.

Trust me, I know better than most.

[JBFloyd]

The value of this is that it's the first glimmer I've seen that any senator or Congressman has recognized that there are folks out here in taxpayerland who have serious problems with this legislation.

It doesn't suggest there will be a rush to change the law as it stands, but it's a small step in our direction.

We lived under 18USC704 for 80+ years while it carried language just as harsh as the current version. The intent there was also to go after imposters. We should still be working with our local reps to get a legislative fix and this is a handy reference to show that someone has reacted without calling out the hounds to chase anyone down for mailing a National Defense Service Medal.

Edited March 8, 2007 by JBFloyd

[Ed_Haynes]

Utter rubbish from Conrad, more shameless self-promotion.

Unless and until the law is changed by aggressive -- not any more passive -- pressure, such feel-good blather means little.

And why do we still tacitly accept the ban on US citizens coillecting the MoH? Others, living in free countries can do so (and good luck to them), but why not us??

Edited March 8, 2007 by Ed_Haynes

[Ulsterman]

99% of all law enforcement people will ignore this-but that 1% who need to bump up their arrest roster quarterly numbers-this happens in BTAF and in some provincial FBI offices. I note the arrest last year of a 150 year old stuffed shore penguin in some lobster restaurant in Maine by two FBI agents who had had only one arrest the entire prior year. It isn't the end of the world, but it's a stupid, unnecessary pain in the butt.

Still, I'm emailing Conrad to ask him to promote amending legislation-bit by bit ... a simple phrase inserted thusly, "not to apply to historians, antique collectors, bone fide veternas or active service members".

[Chris Boonzaier]

OK... a technical question.... Flak88 photographed these guys at a show.... they are collectors as well...

Safe, or go directly to jail?

[Ulsterman]

OK... a technical question.... Flak88 photographed these guys at a show.... they are collectors as well...

Safe, or go directly to jail?

Obviously undermining the sanctity of U.S. medals- a la guillotine!

[Nack]

OK... a technical question.... Flak88 photographed these guys at a show.... they are collectors as well...

Safe, or go directly to jail?

Scofflaws. Round them up, as well as those "actors" in all those "movies" those Hollywood people make. Get Eastwood on the phone, I think I saw a ribbon bar in that "Flags of Our Fathers" flick.

Edited March 9, 2007 by Nack

[Bill Dienna]

Here is everything in one place:

1. The United States Code, title 18, as it stood before the Stolen Valor Act, and which sets for pre-SVA law on buying or selling medals;

2. The SVA language, amending title 18;

3. And the applicable section of the Code of Federal Regulations. As Jeff noted elsewhere, the easiest (relatively) approach to correcting the situation for collectors would be to amend the CFR to make allowances for collectors. Then collecting of the medals would become an act carried out in accordance with authorized regulations, and not subject to the criminal penalty provisions of Title 18.

United States Code Criminal Provision:

Sec. 704. Military medals or decorations

(a) In General.--Whoever knowingly wears, manufactures, or sells any

decoration or medal authorized by Congress for the armed forces of the

United States, or any of the service medals or badges awarded to the

members of such forces, or the ribbon, button, or rosette of any such

badge, decoration or medal, or any colorable imitation thereof, except

when authorized under regulations made pursuant to law, shall be fined

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

(b) Congressional Medal of Honor.--

(1) In general.--If a decoration or medal involved in an offense

under subsection (a) is a Congressional Medal of Honor, in lieu of

the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.

Stolen Valor Act Language amending the U.S. Code:

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'.

Code of Federal Regulation provisions:

Sec. 507.5 Statutory authority.

(a) The wear, manufacture, and sale of military decorations, medals, badges, their components and appurtenances, or colorable imitations of them, are governed by section 704, title 18, United States Code (18 U.S.C. 704).

(b) The manufacture, sale, possession, and reproduction of badges,

identification cards, insignia, or other designs, prescribed by the head of a U.S. department or agency, or colorable imitations of them, are governed by Title 18, United States Code, Section 701 (18 U.S.C. 701).

© This part incorporates the statutory provisions.

Sec. 507.7 Authority to sell.

No certificate of authority to manufacture is required to sell

articles listed in Sec. 507.8 of this part; however, sellers are

responsible for insuring that any article they sell is manufactured in

accordance with Government specifications using government furnished

tools, bears a hallmark assigned by TIOH, and that the manufacturer has

received a certification to manufacture that specific item prior to

sale.

Sec. 507.8 Articles authorized for manufacture and sale.

(a) The articles listed in paragraphs (a) (1) through (10) of this

section are authorized for manufacture and sale when made in accordance

with approved specifications, purchase descriptions or drawings.

(1) All authorized insignia (AR 670-1 and AFI 36-2903).

(2) Appurtenances and devices for decorations, medals, and ribbons

such as oak leaf clusters, service stars, arrowheads, V-devices, and

clasps.

(3) Combat, special skill, occupational and qualification badges and

bars.

(4) Identification badges.

(5) Fourrageres and lanyards.

(6) Lapel buttons.

(7) Decorations, service medals, and ribbons, except for the Medal

of Honor.

(8) Replicas of decorations and service medals for grave markers.

Replicas are to be at least twice the size prescribed for decorations

and service medals.

(9) Service ribbons for decorations, service medals, and unit

awards.

(10) Rosettes.

(11) Army emblem and branch of service plaques.

(b) Variations from the prescribed specifications for the items

listed in paragraph (a) of this section are not permitted without prior

approval, in writing, by TIOH.

Sec. 507.9 Articles not authorized for manufacture or sale.

The following articles are not authorized for manufacture and sale,

except under contract with DSCP:

(a) The Medal of Honor.

(b) Service ribbon for the Medal of Honor.

© Rosette for the Medal of Honor.

(d) Service flags (prescribed in AR 840-10 or AFR 900-3).

(e) Army seal.

(f) Commercial articles for public sale that incorporate designs or

likenesses of decorations, service medals, and service ribbons.

(g) Commercial articles for public sale that incorporate designs or

likenesses of designs of insignia listed in Sec. 507.8 of this part,

except when authorized by the Service concerned.

Sec. 507.12 Possession and wearing.

(a) The wearing of any decoration, service medal, badge, service

ribbon, lapel button, or insignia prescribed or authorized by the

Department of the Army and the Department of the Air Force by any person

not properly authorized to wear such device, or the use of any

decoration, service medal,badge, service ribbon, lapel button, or insignia to misrepresent the identification or status of the person by whom such is worn is prohibited. Any person who violates the provision of this section is subject to punishment as prescribed in the statutes referred to in Sec. 507.5 of this part.

(b) Mere possession by a person of any of the articles prescribed in Sec. 507.8 of this part is authorized provided that such possession is not used to defraud or misrepresent the identification or status of the individual concerned.

© Articles specified in Sec. 507.8 of this part, or any distinctive parts including suspension ribbons and service ribbons) or colorable imitations thereof, will not be used by any organization,

society, or other group of persons without prior approval in writing by the Secretary of the Army or the Secretary of the Air Force.

[Bill Dienna]

So, where do all of these words leave us?

I THINK that we can summarize as follows:

1. Posession:

Mere posession of a medal or decoration is not a crimial offense, unless you are claiming that you were awarded that decoration and you were not.

2. Selling, Buying, or Trading:

a. Selling, Buying, attempting to buy, or Trading a medal or decoration is a criminal offense EXCEPT "when authorized under regulations made pursuant to law" BUT YET

b. At the same time, you do not need a "cetificate of authority" to sell medals as long as the medals that are sold are marked my the manufacturer and made in accordance with government regulations, UNLESS it is a Medal of Honor, in which case you DO need a certificate of authority.

SO.....

It APPEARS that:

1. Seling is o.k., as long as the medals conform to the requirements, unless it is a Medal of Honor, which you cannot sell without authorization;

2. Posession is O.K., as long as you are not falsely claiming that the medal was awarded to you; and

3. Buying is RIGHT OUT !

What it would SEEM is necessary is a change to the Code of Federal Regulations that would specifically permit the purchase, sale, or trade of medals and decorations by collectors. This, then, would mean that collectors would be acting within "regulations made pursuant to law" and, as long as that is the case, the actions of collectors would not be a criminal offense under the U.S. Code provisions.

OR....

Amend title 18 section 704 of the U.S. Code to remove most of the words that the Stolen Valor Act inserted.

[Guest Rick Research]

That is, alas, what everyone EXCEPT Senator Dimbulb and his cronies realized.

The SVA was yet another meaningless feel good NEEDLESS replication of EXISTING statutes but by superceding them, as worded

it has screwed EVERYTHING up.

Insert Congressional Homer Simpson HERE.

[Bill Dienna]

Well, the problem was that under the old Title 18, it was possible for some low life to display a Medal of Honor, or other decorations of valor, and say "I won these, and I'm a hero!". That wasn't against the law as it was written.

So to get these guys they added the pertinent language of the SVA and the CFR that makes it illegal to claim award of the medals. But they also inserted the language making it illegal to "purchase" medals, undoubtedly in an attempt to prevent impostors from getting their hands on the actual medals that they then falsely claimed to have won.

Unfortunately, without considering the collecting community, they threw the baby out with the bathwater, the drain plug, and the rubber ducky.

It would have been much simpler, as Jeff has stated elsewhere, to have simply criminalized "purchase and/or posession with the intent to falsely claim personal award" of the medals, or "falsely claiming the award of any medal or decoration authorized by Congress", while at the same time removing all of the other language from title 18 regarding sale, trade, etc., of medals, documents, and so on.