S.Amdt. 2392

1. Adds SEC. 585. MEDALS FOR MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE WHO WERE KILLED OR WOUNDED IN AN ATTACK PERPETRATED BY A HOMEGROWN VIOLENT EXTREMIST WHO WAS INSPIRED OR MOTIVATED BY A FOREIGN TERRORIST ORGANIZATION at the end of subtitle G of title V

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   (b) Action Described.--The acts of valor referred to in subsection (a) are the actions of Sergeant First Class Patrick N. Watkins, Jr., from August 22 to August 23, 1968, as a member of the United States Army serving in the grade of Sergeant First Class in the Republic of Vietnam while serving with Headquarters and Headquarters Company, 5th Special Forces Group (Airborne), 1st Special Forces Regiment.

   Inserted: SEC. 585. MEDALS FOR MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE WHO WERE KILLED OR WOUNDED IN AN ATTACK PERPETRATED BY A HOMEGROWN VIOLENT EXTREMIST WHO WAS INSPIRED OR MOTIVATED BY A FOREIGN TERRORIST ORGANIZATION.

   Inserted: (a) Purple Heart.--

   Inserted: (1) Award.--

   Inserted: (A) In general.--Chapter 57 of title 10, United States Code, is amended by inserting after section 1129 the following new section:

   Inserted: "Sec. 1129a. Purple Heart: members killed or wounded in attacks of homegrown violent extremists motivated or

   Inserted: inspired by foreign terrorist organizations

   Inserted: "(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 in action as a result of an act of an enemy of the United States.

   Inserted: "(b) Covered Members.--A member described in this subsection is a member who was killed or wounded in an attack perpetrated by a homegrown violent extremist who was inspired or motivated to engage in violent action by a foreign terrorist organization, unless the death or wound is the result of willful misconduct of the member.

   Inserted: "(c) Definitions.--In this section:

   Inserted: "(1) 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).

   Inserted: "(2) The term 'homegrown violent extremist' shall have the meaning given that term by the Secretary of Defense in regulations prescribed for purposes of this section.".

   Inserted: (B) Clerical amendment.--The table of sections at the beginning of chapter 57 of such title is amended by inserting after the item relating to section 1129 the following new item:

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   Inserted: "1129a. Purple Heart: members killed or wounded in attacks of homegrown violent extremists motivated or inspired by foreign terrorist organizations.".

   Inserted: (2) Retroactive effective date and application.--

   Inserted: (A) Effective date.--The amendments made by paragraph (1) shall take effect as of September 11, 2001.

   Inserted: (B) Review of certain previous incidents.--The Secretaries 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 under circumstances that could qualify as being the result of the attack of a homegrown violent extremist as 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 a homegrown violent extremist attack motivated or inspired by a foreign terrorist organization for purposes of the award of the Purple Heart pursuant to such section (as so added).

   Inserted: (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 homegrown violent extremist attack motivated or inspired by a foreign terrorist organization as described in section 1129a of title 10, United States Code (as so added), the Secretary concerned shall take appropriate action under such section to award the Purple Heart to the member.

   Inserted: (D) Secretary concerned defined.--In this paragraph, the term "Secretary concerned" has the meaning given that term in section 101(a)(9) of title 10, United States Code.

   Inserted: (b) Secretary of Defense Medal for the Defense of Freedom.--

   Inserted: (1) Review of the november 5, 2009 attack at fort hood, texas.--If the Secretary concerned determines, after a review under subsection (a)(2)(B) regarding the attack that occurred at Fort Hood, Texas, on November 5, 2009, that the death or wounding of any member of the Armed Forces in that attack qualified as a death or wounding resulting from a homegrown violent extremist attack motivated or inspired by a foreign terrorist organization as described in section 1129a of title 10, United States Code (as added by subsection (a)), the Secretary of Defense shall make a determination as to whether the death or wounding of any civilian employee of the Department of Defense or civilian contractor in the same attack meets the eligibility criteria for the award of the Secretary of Defense Medal for the Defense of Freedom.

   Inserted: (2) Award.--If the Secretary of Defense determines under paragraph (1) that the death or wounding of any civilian employee of the Department of Defense or civilian contractor in the attack that occurred at Fort Hood, Texas, on November 5, 2009, meets the eligibility criteria for the award of the Secretary of Defense Medal for the Defense of Freedom, the Secretary shall take appropriate action to award the Secretary of Defense Medal for the Defense of Freedom to the employee or contractor.

   Original wording

   At the end of subtitle G of title V, add the following:

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As printed