LEGACY Act

II 116TH CONGRESS 2D SESSION S. 5006 To provide for the repatriation to the United States for historical and edu- cational purposes of military decorations, medals, and related items that are located outside the United States, to provide for the imposition of sanctions in connection with trade in military medals and decorations, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 10, 2020 Mr. CRUZ introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for the repatriation to the United States for historical and educational purposes of military decora- tions, medals, and related items that are located outside the United States, to provide for the imposition of sanc- tions in connection with trade in military medals and decorations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Limiting and Enabling 4 Gathering Awards Commemorating Yesteryear Act’’ or 5 ‘‘LEGACY Act’’. 6 VerDate Sep 11 2014 18:14 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5006.IS S5006 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 5006 IS SEC. 2. REPATRIATION TO THE UNITED STATES FOR HIS- 1 TORICAL AND EDUCATIONAL PURPOSES OF 2 MILITARY DECORATIONS, MEDALS, AND RE- 3 LATED ITEMS THAT ARE LOCATED OUTSIDE 4 THE UNITED STATES. 5 (a) PURCHASE AND IMPORTATION INTO UNITED 6 STATES AUTHORIZED.—Subject to subsection (b), any or- 7 ganization or individual may purchase outside the United 8 States for importation in the United States, import into 9 the United States, or both purchase outside the United 10 States for importation into the United States and import 11 into the United States any of the following: 12 (1) Any decoration or medal authorized by Con- 13 gress for members of the Armed Forces of the 14 United States. 15 (2) Any service medal or badge awarded to 16 members of the Armed Forces of the United States. 17 (3) Any ribbon, button, or rosette of any deco- 18 ration, medal, or badge described in paragraph (1) 19 or (2). 20 (b) APPROVAL OF PURCHASE AND IMPORTATION.— 21 (1) IN GENERAL.—An organization or indi- 22 vidual may purchase, import, or both an item pursu- 23 ant to subsection (a) only if the Secretary of De- 24 fense approves in writing such purchase, importa- 25 tion, or both. 26 VerDate Sep 11 2014 18:14 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5006.IS S5006 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 5006 IS (2) CONDITIONS.—The Secretary may not ap- 1 prove the purchase, importation, or both of an item 2 pursuant to paragraph (1) unless the Secretary de- 3 termines that— 4 (A) the purchase, importation, or both of 5 the item will be made for historical or edu- 6 cational purposes; 7 (B) the importation of the item to the 8 United States will to be permanent; and 9 (C) upon importation, the item will be— 10 (i) returned, without expectation of 11 reimbursement, to the appropriate Armed 12 Force; 13 (ii) purchased by or donated to a mu- 14 seum or other entity in the United States 15 that agrees to display the item for the edu- 16 cational benefit of the American public; or 17 (iii) purchased by or donated to an 18 educational institution in the United States 19 for use for instructional purposes. 20 (3) APPLICATION.—An organization or indi- 21 vidual seeking to purchase, import, or both an item 22 pursuant to subsection (a) shall submit to the Sec- 23 retary an application for approval of such purchase, 24 importation, or both in such form and manner, and 25 VerDate Sep 11 2014 18:14 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5006.IS S5006 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 5006 IS containing such information, as the Secretary con- 1 siders appropriate for purposes of this section. Any 2 such application may be for approval with respect to 3 a single item or multiple items to be purchased, im- 4 ported, or both over such period of time, not to ex- 5 ceed one year, as the organization or individual con- 6 cerned shall request in such application. 7 (4) DURATION OF APPROVAL; RENEWAL.—An 8 approval of purchase, importation, or both for an or- 9 ganization or individual under this subsection may 10 be for activities so approved over such period, not to 11 exceed one year, as the Secretary shall specify in 12 such approval. Any such approval may be renewed in 13 accordance with the provisions of this subsection. 14 (c) CONSTRUCTION WITH STOLEN VALOR PROHIBI- 15 TION.—This section is intended to create an exception to 16 the prohibition on the purchase and sale of military 17 awards and decorations in section 704 of title 18, United 18 States Code, as such exceptions are provided for in that 19 section, and the purchase, importation, or both of such 20 an item shall not be treated as an offense under that sec- 21 tion if the organization or individual making such pur- 22 chase, importation, or both— 23 (1) acts in accordance with the requirements of 24 this section; and 25 VerDate Sep 11 2014 18:14 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5006.IS S5006 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 5006 IS (2) is approved by the Secretary to do so pursu- 1 ant to subsection (b). 2 (d) REGULATIONS.—The Secretary may prescribe 3 regulations for purposes of carrying out this section. 4 (e) UNITED STATES DEFINED.—In this section, the 5 term ‘‘United States’’ means the United States and its 6 Territories and possessions. 7 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO 8 TRADE IN MILITARY MEDALS OR DECORA- 9 TIONS. 10 (a) IN GENERAL.—The President shall impose the 11 sanctions described in subsection (c) with respect to each 12 person on the list required by subsection (b). 13 (b) LIST REQUIRED.— 14 (1) IN GENERAL.—Not later than one year 15 after the date of the enactment of this Act, and an- 16 nually thereafter, the Secretary of State shall submit 17 to the appropriate congressional committees a list of 18 foreign persons that have engaged in activities that, 19 if engaged in the United States or by a United 20 States person, would constitute an offense under 21 section 704(a) of title 18, United States Code. 22 (2) EXCEPTION.—The Secretary of State may 23 not include a foreign person on the list required by 24 paragraph (1) for— 25 VerDate Sep 11 2014 05:53 Dec 20, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5006.IS S5006 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 5006 IS (A) purchasing, importing, or both an item 1 described in subsection (a) of section 1 with the 2 approval of the Secretary of Defense under sub- 3 section (b) of that section; or 4 (B) selling such an item to a person ap- 5 proved by the Secretary of Defense to purchase, 6 import, or both, the item pursuant to section 1. 7 (c) SANCTIONS DESCRIBED.— 8 (1) IN GENERAL.—The sanctions described in 9 this subsection are the following: 10 (A) PROPERTY BLOCKING.—The President 11 shall, pursuant to the International Emergency 12 Economic Powers Act (50 U.S.C. 1701 et seq.), 13 block and prohibit all transactions in property 14 and interests in property of a person on the list 15 required by subsection (b) if such property and 16 interests in property are in the United States, 17 come within the United States, or are or come 18 within the possession or control of a United 19 States person. 20 (B) ALIENS INELIGIBLE FOR VISAS, AD- 21 MISSION, OR PAROLE.— 22 (i) EXCLUSION FROM THE UNITED 23 STATES.—The Secretary of State shall 24 deny a visa to, and the Secretary of Home- 25 VerDate Sep 11 2014 18:14 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5006.IS S5006 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 5006 IS land Security shall exclude from the 1 United States, any alien on the list re- 2 quired by subsection (b). 3 (ii) CURRENT VISAS REVOKED.— 4 (I) IN GENERAL.—The issuing 5 consular officer, the Secretary of 6 State, or the Secretary of Homeland 7 Security (or a designee of any such 8 officer or Secretary) shall revoke any 9 visa or other entry documentation 10 issued to an alien on the list required 11 by subsection (b), regardless of when 12 the visa or other documentation was 13 issued. 14 (II) EFFECT OF REVOCATION.— 15 A revocation under subclause (I) shall 16 take effect immediately and shall 17 automatically cancel any other valid 18 visa or entry documentation that is in 19 the alien’s possession. 20 (2) INAPPLICABILITY OF NATIONAL EMER- 21 GENCY REQUIREMENT.—The requirements under 22 section 202 of the International Emergency Eco- 23 nomic Powers Act (50 U.S.C. 1701) shall not apply 24 for purposes of paragraph (1)(A). 25 VerDate Sep 11 2014 18:14 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5006.IS S5006 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 5006 IS (d) EXCEPTIONS.— 1 (1) INTELLIGENCE ACTIVITIES.—This section 2 shall not apply with respect to activities subject to 3 the reporting requirements under title V of the Na- 4 tional Security Act of 1947 (50 U.S.C. 3091 et seq.) 5 or any authorized intelligence activities of the United 6 States. 7 (2) COMPLIANCE WITH UNITED NATIONS HEAD- 8 QUARTERS AGREEMENT.—Subsection (c)(1)(B) shall 9 not apply with respect to the admission of an alien 10 to the United States if such admission is necessary 11 to comply with United States obligations under the 12 Agreement between the United Nations and the 13 United States of America regarding the Head- 14 quarters of the United Nations, signed at Lake Suc- 15 cess June 26, 1947, and entered into force Novem- 16 ber 21, 1947, under the Convention on Consular Re- 17 lations, done at Vienna April 24, 1963, and entered 18 into force March 19, 1967, or under other inter- 19 national obligations. 20 (e) IMPLEMENTATION; PENALTIES.— 21 (1) IMPLEMENTATION.—The President may ex- 22 ercise all authorities provided under sections 203 23 and 205 of the International Emergency Economic 24 VerDate Sep 11 2014 18:14 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5006.IS S5006 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 5006 IS Powers Act (50 U.S.C. 1702 and 1704) to carry out 1 this section. 2 (2) PENALTIES.—A person that violates, at- 3 tempts to violate, conspires to violate, or causes a 4 violation of subsection (c)(1)(A) or any regulation, 5 license, or order issued to carry out that subsection 6 shall be subject to the penalties set forth in sub- 7 sections (b) and (c) of section 206 of the Inter- 8 national Emergency Economic Powers Act (50 9 U.S.C. 1705) to the same extent as a person that 10 commits an unlawful act described in subsection (a) 11 of that section. 12 (f) DEFINITIONS.—In this section: 13 (1) ADMISSION; ADMITTED; ALIEN.—The terms 14 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 15 meanings given those terms in section 101 of the 16 Immigration and Nationality Act (8 U.S.C. 1101). 17 (2) APPROPRIATE CONGRESSIONAL COMMIT- 18 TEES.—The term ‘‘appropriate congressional com- 19 mittees’’ means— 20 (A) the Committee on Foreign Relations 21 and the Committee on Armed Services of the 22 Senate; and 23 VerDate Sep 11 2014 18:14 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5006.IS S5006 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 5006 IS (B) the Committee on Foreign Affairs and 1 the Committee on Armed Services of the House 2 of Representatives. 3 (3) FOREIGN PERSON.—The term ‘‘foreign per- 4 son’’ means an individual or entity that is not a 5 United States person. 6 (4) UNITED STATES PERSON.—The term 7 ‘‘United States person’’ means— 8 (A) a United States citizen or an alien law- 9 fully admitted to the United States for perma- 10 nent residence; or 11 (B) an entity organized under the laws of 12 the United States or any jurisdiction within the 13 United States. 14 Æ VerDate Sep 11 2014 18:14 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S5006.IS S5006 pamtmann on DSKBC07HB2PROD with BILLS