Stolen valor effort falls short in Congress

WASHINGTON – Despite broad support, a bid to crack down on individuals who lie about having earned medals for combat bravery has fallen short in Congress for this year.

A final defense policy bill negotiated this week stripped out a section on “stolen valor,” shelving efforts to allow criminal charges to be brought against people who misrepresent their military service to obtain veterans health care, a job, or other benefits.

Rep. Joe Heck, R-Nev., said the section was removed after the House Judiciary Committee and the Justice Department weighed in that it probably would not survive a court challenge.

“They decided to strip that out rather than put what would be another flawed ‘stolen valor’ legislation on the books,” said Heck, who had sponsored a competing bill.

The issue was among hundreds decided by negotiators wrapping up a $640.7 billion defense policy bill for the coming year. The final bill is expected to pass Congress before the end of the week.

Doug Sterner, an advocate who has exposed dozens of military frauds, said it was difficult to understand how an idea with broad support failed to pass.

Senate “stolen valor” bills sponsored by retiring Sen. Jim Webb, D-Va., and Sen. Scott Brown, R-Mass., garnered 86 co-sponsors between them, while the House passed Heck’s bill by a wide margin in September.

“I find it unbelievable that an issue that garnered more than three-fourths of the senators as co-sponsors and that passed the House 410-3 is now stuck in limbo,” Sterner said.

“I believe Congress realizes there is a problem,” he said. “I do believe we will see ‘stolen valor’ legislation in the new Congress.”

The Democrat-led Senate earlier this month inserted Webb’s bill into the defense measure, rather than the Senate version of Heck’s bill that was sponsored by Brown, who had lost re-election.

“If there should have ever been a piece of legislation that could have easily passed both houses, this was it,” Heck said. “Unfortunately in an election year strange things happen and things that seemingly are bipartisan get derailed.”

Heck said the Webb bill was broad to the point where attorneys believed it vulnerable to court challenge on constitutional grounds.

Webb’s office did not comment Wednesday, but Sterner said he thought “it would have passed the constitutional test quite well.”

A “stolen valor” law was enacted in 2006 but was found unconstitutional by the Supreme Court this year. Its punishments for individuals who lie about their military service were declared a violation of First Amendment free speech rights. In response, the House-passed bill narrowed to target those who lie about having received a combat medal with the intent to gain materially or financially, such as obtaining veterans benefits or a job reserved for a veteran.

“We will try to fast-track this in the 113th Congress,” which starts in January, Heck said.

On another issue, the final defense bill orders the Pentagon to report on any upcoming changes to the TRICARE Prime managed health care program. That follows reports it will be cut in Northern Nevada and elsewhere this spring.

The report sought by Sen. Dean Heller and Rep. Mark Amodei, both R-Nev., would include estimates of how much it would cost beneficiaries to switch to the TRICARE Standard plan and how the Pentagon plans to help individuals with the transition.

Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or 202-783-1760. Follow him on Twitter @STetreaultDC.