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10 U.S.C. § 1129a — Purple Heart: members killed or wound-
Federal law — U.S. Code and appendices · legal_authorities
Page 1192
TITLE 10—ARMED FORCES
§ 1129a
Coast Guard of the United States’’. However, existing
regulations prescribed pursuant to that order, together
with regulations prescribed under the authority of Gen-
eral Orders No. 3, War Department, February 22, 1932,
shall, so far as they are not inconsistent with this
order, remain in effect until modified or revoked by
regulations prescribed by the Secretary of the depart-
ment concerned under this order.
§ 1129a. Purple Heart: members killed or wound-
ed in attacks by foreign terrorist organiza-
tions
(a) IN GENERAL.—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 as a result of an inter-
national terrorist attack against the United
States.
(b) COVERED
MEMBERS.—(1) A member de-
scribed in this subsection is a member on active
duty who was killed or wounded in an attack by
a
foreign
terrorist
organization
in
cir-
cumstances where the death or wound is the re-
sult of an attack targeted on the member due to
such member’s status as a member of the armed
forces, unless the death or wound is the result of
willful misconduct of the member.
(2) For purposes of this section, an attack by
an individual or entity shall be considered to be
an attack by a foreign terrorist organization if—
(A) the individual or entity was in commu-
nication with the foreign terrorist organiza-
tion before the attack; and
(B) the attack was inspired or motivated by
the foreign terrorist organization.
(c) FOREIGN
TERRORIST
ORGANIZATION
DE-
FINED.—In this section, the term ‘‘foreign ter-
rorist organization’’ means an entity designated
as a foreign terrorist organization by the Sec
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1129a
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Stable record: federal_law:legal_authorities:usc2024-99ea4a3e145f0b831fdfdb96
Source file: Laws/federal/codes/united-states-code-2024/title-10/section-1129a-purple-heart-members-killed-or-wound--bfe131c94c.md
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Source location: USCODE-2024-title10-subtitleA-partII-chap57-sec1129a.pdf
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Page 1192
TITLE 10—ARMED FORCES
§ 1129a
Coast Guard of the United States’’. However, existing
regulations prescribed pursuant to that order, together
with regulations prescribed under the authority of Gen-
eral Orders No. 3, War Department, February 22, 1932,
shall, so far as they are not inconsistent with this
order, remain in effect until modified or revoked by
regulations prescribed by the Secretary of the depart-
ment concerned under this order.
§ 1129a. Purple Heart: members killed or wound-
ed in attacks by foreign terrorist organiza-
tions
(a) IN GENERAL.—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 as a result of an inter-
national terrorist attack against the United
States.
(b) COVERED
MEMBERS.—(1) A member de-
scribed in this subsection is a member on active
duty who was killed or wounded in an attack by
a
foreign
terrorist
organization
in
cir-
cumstances where the death or wound is the re-
sult of an attack targeted on the member due to
such member’s status as a member of the armed
forces, unless the death or wound is the result of
willful misconduct of the member.
(2) For purposes of this section, an attack by
an individual or entity shall be considered to be
an attack by a foreign terrorist organization if—
(A) the individual or entity was in commu-
nication with the foreign terrorist organiza-
tion before the attack; and
(B) the attack was inspired or motivated by
the foreign terrorist organization.
(c) FOREIGN
TERRORIST
ORGANIZATION
DE-
FINED.—In this section, the term ‘‘foreign ter-
rorist organization’’ means an entity designated
as a foreign terrorist organization by the Sec-
retary of State pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(Added
Pub.
L.
113–291,
div.
A,
title
V,
§ 571(a)(1)(A), Dec. 19, 2014, 128 Stat. 3387.)
Statutory Notes and Related Subsidiaries
RETROACTIVE EFFECTIVE DATE AND APPLICATION
Pub. L. 113–291, div. A, title V, § 571(a)(2), Dec. 19, 2014,
128 Stat. 3387, provided that:
‘‘(A) EFFECTIVE
DATE.—The amendments made by
paragraph (1) [enacting this section] shall take effect
as of September 11, 2001.
‘‘(B) REVIEW
OF
CERTAIN
PREVIOUS
INCIDENTS.—The
Secretary concerned shall undertake a review of each
death or wounding of a member of the Armed Forces
that occurred between September 11, 2001, and the date
of the enactment of this Act [Dec. 19, 2014] under cir-
cumstances that could qualify as being the result of an
attack described in section 1129a of title 10, United
States Code (as added by paragraph (1)), to determine
whether the death or wounding qualifies as a death or
wounding resulting from an attack by a foreign ter-
rorist organization for purposes of the award of the
Purple Heart pursuant to such section (as so added).
‘‘(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 an attack by a for-
eign terrorist organization as described in section 1129a
of title 10, United States Code (as so added), the Sec-
retary concerned shall take appropriate action under
such section to award the Purple Heart to the member.
‘‘(D) SECRETARY
CONCERNED
DEFINED.—In this para-
graph, the term ‘Secretary concerned’ has the meaning
given that term in section 101(a)(9) of title 10, United
States Code.’’
§ 1130. Consideration of proposals for decora-
tions not previously submitted in timely
fashion: procedures for review
(a) Upon request of a Member of Congress, the
Secretary concerned shall review a proposal for
the award or presentation of a decoration (or the
upgrading of a decoration), either for an indi-
vidual or a unit, that is not otherwise author-
ized to be presented or awarded due to limita-
tions established by law or policy for timely
submission of a recommendation for such award
or presentation. Based upon such review, the
Secretary shall make a determination as to the
merits of approving the award or presentation of
the decoration.
(b) Upon making a determination under sub-
section (a) as to the merits of approving the
award or presentation of the decoration, the
Secretary concerned shall submit to the Com-
mittee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives and to the requesting Member
of Congress a detailed discussion of the ration-
ale supporting the determination. If the deter-
mination includes a favorable recommendation
for the award of the Medal of Honor, the Sec-
retary of Defense, instead of the Secretary con-
cerned, shall make the submission under this
subsection.
(c) Determinations under this section regard-
ing the award or presentation of a decoration
shall be made in accordance with the same pro-
cedures that apply to the approval or dis-
approval of the award or presentation of a deco-
ration when a recommendation for such award
or presentation is submitted in a timely manner
as prescribed by law or regulation.
(d) In this section:
(1) The term ‘‘Member of Congress’’ means—
(A) a Senator; or
(B) a Representative in, or a Delegate or
Resident Commissioner to, Congress.
(2) The term ‘‘decoration’’ means any deco-
ration or award that may be presented or
awarded to a member or unit of the armed
forces.
(Added Pub. L. 104–106, div. A, title V, § 526(a),
Feb. 10, 1996, 110 Stat. 313; amended Pub. L.
106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113
Stat. 774; Pub. L. 108–136, div. A, title X,
§ 1031(a)(10), Nov. 24, 2003, 117 Stat. 1597; Pub. L.
112–81, div. A, title V, § 524, Dec. 31, 2011, 125 Stat.
1401.)
Editorial Notes
AMENDMENTS
2011—Subsec. (b). Pub. L. 112–81 inserted at end ‘‘If
the determination includes a favorable recommenda-
tion for the award of the Medal of Honor, the Secretary
of Defense, instead of the Secretary concerned, shall
make the submission under this subsection.’’
2003—Pub. L. 108–136, § 1031(a)(10)(B), struck out ‘‘and
recommendation’’ after ‘‘review’’ in section catchline.
Subsec. (a). Pub. L. 108–136, § 1031(a)(10)(A)(i), struck
out ‘‘and the other determinations necessary to comply
with subsection (b)’’ after ‘‘of the decoration’’.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** 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 as a result of an international terrorist attack against the United States.
**(b) Covered Members.—**
(1) A member described in this subsection is a member on active duty who was killed or wounded in an attack by a foreign terrorist organization in circumstances where the death or wound is the result of an attack targeted on the member due to such member’s status as a member of the armed forces, unless the death or wound is the result of willful misconduct of the member.
(2) For purposes of this section, an attack by an individual or entity shall be considered to be an attack by a foreign terrorist organization if—
(A) the individual or entity was in communication with the foreign terrorist organization before the attack; and
(B) the attack was inspired or motivated by the foreign terrorist organization.
**(c) Foreign Terrorist Organization Defined.—** In this section, the term “foreign terrorist organization” means an entity designated as a foreign terrorist organization by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act ([8 U.S.C. 1189](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1189&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1129a
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation**
(1) **In general** — The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that—
(A) the organization is a foreign organization;
(B) the organization engages in terrorist activity (as defined in [section 1182(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/B&num=0&edition=prelim) or terrorism (as defined in [section 2656f(d)(2) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2656f/d/2&num=0&edition=prelim)), or retains the capability and intent to engage in terrorist activity or terrorism) 11 So in original. The closing parenthesis probably should follow “[section 1182(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/B&num=0&edition=prelim)”.; and
(C) the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national security of the United States.
(2) **Procedure**
(A) *Notice*
(i) *To congressional leaders* — Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor.
(ii) *Publication in Federal Register* — The Secretary shall publish th
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1189
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1189. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 274
TITLE 8—ALIENS AND NATIONALITY
§ 1189
1999—Subsec. (c)(1). Pub. L. 106–78, § 748(1), substituted
‘‘45 days’’ for ‘‘60 days’’.
Subsec. (c)(3)(A). Pub. L. 106–78, § 748(2), substituted
‘‘30 days’’ for ‘‘20 days’’ in introductory provisions.
1994—Subsec. (i)(1). Pub. L. 103–416 made technical
correction to directory language of Pub. L. 102–232,
§ 309(b)(8). See 1991 Amendment note below.
1991—Subsec. (g)(3). Pub. L. 102–232, § 307(l)(4), sub-
stituted
‘‘section
1182(a)(5)(A)(i)’’
for
‘‘section
1182(a)(14)’’.
Subsec. (i)(1). Pub. L. 102–232, § 309(b)(8), as amended
by Pub. L. 103–416, substituted ‘‘1324a(h)(3)’’ for
‘‘1324a(h)’’.
1988—Pub. L. 100–525, § 2(l)(2)(A), made technical
amendment to directory language of Pub. L. 99–603,
§ 301(c), which enacted this section.
Subsec. (c)(4). Pub. L. 100–525, § 2(l)(3), substituted
‘‘accommodations’’ for ‘‘accomodations’’ wherever ap-
pearing.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat.
4318, provided that the amendment made by subsec.
(z)(8) of that section is effective as if included in the
Miscellaneous and Technical Immigration and Natu-
ralization Amendments of 1991, Pub. L. 102–232.
EFFECTIVE DATE OF 1991 AMENDMENT
Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat.
1756, provided that the amendment made by section
307(l) is effective as if included in section 603(a) of the
Immigration Act of 1990, Pub. L. 101–649.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–525 effective as if included
in enactment of Immigration Reform and Control Act
of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525,
set out as a note under section 1101 of this title.
EFFECTIVE DATE; REGU
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1189
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1189. This identifies an authority to review, not proof of applicability.