Expresses the sense of Congress that the Secretary of Defense (DOD), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard, should duly honor those members of the Armed Forces who are killed or wounded in the United States in terrorist attacks that are inspired by the ideology that gives rise to terrorism, as defined by the Final Report of the National Commission on Terrorist Attacks Upon the United States.
Provides that, for purposes of awarding the Purple Heart, the Secretary of the military department concerned shall treat a member of the Armed Forces who is killed or wounded in a terrorist attack within the United States in the same manner as a member killed or wounded in action due to an act of an enemy of the United States.
Makes this Act effective as of January 1, 2009.
Directs the Secretaries concerned to: (1) review each death or wounding of a member within the United States between January 1, 2009, and the date of enactment of this Act to determine whether such death or wounding qualifies as a death or wounding resulting from a terrorist attack for purposes of this Act; and (2) upon a positive determination, take appropriate action.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5144 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5144
To amend title 10, United States Code, to provide for the award of the
Purple Heart to members of the Armed Forces who are killed or wounded
in a terrorist attack perpetrated within the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2012
Mr. King of New York (for himself, Mr. Cuellar, Mr. Rogers of Alabama,
Ms. Hahn, Mr. McCaul, Ms. Richardson, Mrs. Miller of Michigan, Mr.
Cravaack, Mr. Turner of New York, Mr. Ross of Arkansas, Mr. Griffin of
Arkansas, and Mr. Carter) introduced the following bill; which was
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to provide for the award of the
Purple Heart to members of the Armed Forces who are killed or wounded
in a terrorist attack perpetrated within the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AWARD OF PURPLE HEART TO MEMBERS OF THE ARMED FORCES KILLED
OR WOUNDED IN TERRORIST ATTACKS WITHIN THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
(1) The Final Report of the National Commission on
Terrorist Attacks Upon the United States (commonly known as the
``9/11 Commission Report'') recognizes that there is a certain
ideology that gives rise to terrorism.
(2) This ideology, which gives rise to terrorism, can even
influence citizens and residents of the United States to
perpetrate attacks within the United States against members of
the Armed Forces.
(3) Two such attacks have already occurred within the
United States, one at a recruiting station in Little Rock,
Arkansas, on June 1, 2009, and one at Fort Hood, Texas, on
November 5, 2009.
(4) According to investigative reports released by the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate at least 34 threats, plots and strikes related to
domestic terrorism against United States military communities
have been uncovered since September 11, 2001.
(5) These threats, plots and attacks demonstrate that
members of the Armed Forces are at risk of terrorist attack not
only when deployed overseas but also while stationed within the
United States.
(6) The Department of Defense has recognized the threat
posed by terrorist attacks, including those perpetrated by a
member of the Armed Forces, by issuing revised regulations,
including Army Regulation 381-12 regarding the Military
Intelligence Threat Awareness and Reporting Program, to require
reporting of potential terrorist insider threat activity, to
include if a member of the Armed Forces is ``advocating the use
of unlawful violence or force to achieve goals that are
political, religious, or ideological in nature''.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense (and the Secretary of Homeland Security with
respect to the Coast Guard) should duly honor those members of the
Armed Forces who are killed or wounded in terrorist attacks within the
United States that are inspired by the ideology that gives rise to
terrorism, as defined by the Final Report of the National Commission on
Terrorist Attacks Upon the United States (commonly known as the ``9/11
Commission Report'').
(c) Award of Purple Heart.--
(1) Award required.--Chapter 57 of title 10, United States
Code, is amended by inserting after section 1129 the following
new section:
``Sec. 1129a. Purple Heart: members killed or wounded by terrorist
attacks perpetrated within the United States
``(a) For purposes of the award of the Purple Heart, the Secretary
concerned shall treat a member of the armed forces described in
subsection (b) in the same manner as a member who is killed or wounded
in action as the result of an act of the enemy of the United States.
``(b)(1) A member of the armed forces described in this subsection
is a member who the Secretary concerned determines was killed or
wounded in a terrorist attack within the United States perpetrated by
an individual or individuals expressing a political, religious or
ideological obligation to engage in unlawful violence directed against
United States military operations or foreign policy, as described in
Army Regulation 318-12 of October 2010 regarding the Military
Intelligence Threat Awareness and Reporting Program.
``(2) In this subsection, the term `terrorist attack' means the
calculated use of unlawful violence or the threat of unlawful violence
to inculcate fear and coerce or intimidate governments or societies in
the pursuit of goals that are generally political, religious or
ideological.
``(3) If a terrorist attack referred to in paragraph (1) includes,
as victims, members of more than one armed force, the determination
required by such paragraph shall be made jointly by the Secretaries of
the armed forces concerned.
``(c) In implementing this section, the Secretary concerned shall
make no distinction between `international terrorism' and `domestic
terrorism', as those terms are defined in section 2331 of title 18.
``(d) Subsection (a) shall not apply to a member of the armed
forces whose death or wounding is the result of the willful misconduct
of the member.
``(e) Nothing in this section shall be interpreted--
``(1) to affect the designation of any individual alleged
to have perpetrated an attack referred to in subsection (b)(1)
as an enemy combatant for any purposes under law; or
``(2) to preempt or otherwise affect any legal proceedings
relating to such an attack.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1129 the following new item:
``1129a. Purple Heart: members killed or wounded by terrorist attacks
perpetrated within the United States.''.
(3) Retroactive effective date and application.--
(A) Effective date.--The amendments made by this
subsection shall take effect as of January 1, 2009.
(B) Review of certain previous incidents.--The
Secretaries of the military departments (and the
Secretary of Homeland Security with respect to the
Coast Guard) shall undertake a review of each death or
wounding of a member of the Armed Forces that occurred
within the United States between January 1, 2009, and
the date of the enactment of this Act under
circumstances that could qualify the death or wounding
as being the result of a terrorist attack within the
United States to determine whether the death or
wounding does qualify as a death or wounding resulting
from a terrorist attack within the United States for
purposes of section 1129a of title 10, United States
Code, as added by this subsection.
(C) Actions following review.--If the death or
wounding of a member of the Armed Forces reviewed under
subparagraph (B) is determined to qualify as a death or
wounding resulting from a terrorist attack within the
United States for purposes of such section 1129a, the
Secretary of the military department concerned (or the
Secretary of Homeland Security with respect to a member
of the Coast Guard) shall take appropriate action under
such section to award the Purple Heart to the member.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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