[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2369 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2369

To amend title 10, United States Code, to provide for the Purple Heart 
     to be awarded to prisoners of war who die in captivity under 
  circumstances not otherwise establishing eligibility for the Purple 
                                 Heart.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2005

Mr. Filner (for himself and Mr. McNulty) 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 Purple Heart 
     to be awarded to prisoners of war who die in captivity under 
  circumstances not otherwise establishing eligibility for the Purple 
                                 Heart.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Honor Our Fallen Prisoners of War 
Act''.

SEC. 2. AWARD OF PURPLE HEART FOR PRISONERS OF WAR WHO DIE IN 
              CAPTIVITY.

    (a) Persons not Otherwise Eligible for the Purple Heart.--Chapter 
57 of title 10, United States Code, is amended by adding at the end the 
following new section:
``Sec. 1135. Purple Heart: members who die while prisoners of war that 
              are not otherwise eligible under the circumstances 
              causing death
    ``(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 an enemy of the United States.
    ``(b) A member described in this subsection is a member who dies in 
captivity under circumstances establishing eligibility for the 
prisoner-of-war medal under section 1128 of this title but not under 
circumstances establishing eligibility for the Purple Heart.
    ``(c) This section applies to members of the armed forces who die 
on or after December 7, 1941. In the case of a member who dies as 
described in subsection (b) on or after December 7, 1941, and before 
the date of the enactment of this section, the Secretary concerned 
shall award the Purple Heart under subsection (a) in each case which is 
known to the Secretary before the date of the enactment of this section 
or for which an application is made to the Secretary in such manner as 
the Secretary requires.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1135. Purple Heart: members who die while prisoners of war that are 
                            not otherwise eligible under the 
                            circumstances causing death.''.
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