HR2719-119

1. Short Title This Act may be cited as the Staff Sergeant John D. Martek Purple Heart Restoration Act.

2. Awarding of Purple Heart to Certain Veterans Who Experienced a Traumatic Brain Injury Chapter 57 of title 10, United States Code, is amended by inserting after section 1129a the following new section: For purposes of the award of the Purple Heart, the Secretary concerned shall treat a veteran described in subsection (b) in the same manner as a member of the Armed Forces who is killed or wounded in action as the result of an act of an enemy of the United States. A veteran described in this subsection is a veteran— who experienced a traumatic brain injury while a member of the Armed Forces that is attributable to an act of an enemy of the United States that occurred on or after December 7, 1941; and who has a service-connected disability attributable to such traumatic brain injury, as determined by the Secretary of Veterans Affairs; or with respect to whom there is a military record that demonstrates the occurrence of such traumatic brain injury. Each Secretary concerned shall— establish a process for persons to submit applications for the awarding of the Purple Heart under this section; and award the Purple Heart to each person who submits an application that demonstrates the person is a veteran described in subsection (b), without regard to the date on which the veteran experienced the traumatic brain injury that is described in the application. In this section, the terms service-connected and veteran have the meaning given the terms in section 101 of title 38. 1129b.Purple Heart: certain veterans who experienced a traumatic brain injury(a)In GeneralFor purposes of the award of the Purple Heart, the Secretary concerned shall treat a veteran described in subsection (b) in the same manner as a member of the Armed Forces who is killed or wounded in action as the result of an act of an enemy of the United States.(b)Veteran DescribedA veteran described in this subsection is a veteran—(1)who experienced a traumatic brain injury while a member of the Armed Forces that is attributable to an act of an enemy of the United States that occurred on or after December 7, 1941; and(2)(A)who has a service-connected disability attributable to such traumatic brain injury, as determined by the Secretary of Veterans Affairs; or(B)with respect to whom there is a military record that demonstrates the occurrence of such traumatic brain injury.(c)Award ProcessEach Secretary concerned shall—(1)establish a process for persons to submit applications for the awarding of the Purple Heart under this section; and(2)award the Purple Heart to each person who submits an application that demonstrates the person is a veteran described in subsection (b), without regard to the date on which the veteran experienced the traumatic brain injury that is described in the application.(d)DefinitionsIn this section, the terms service-connected and veteran have the meaning given the terms in section 101 of title 38..

1129b. Purple Heart: certain veterans who experienced a traumatic brain injury For purposes of the award of the Purple Heart, the Secretary concerned shall treat a veteran described in subsection (b) in the same manner as a member of the Armed Forces who is killed or wounded in action as the result of an act of an enemy of the United States. A veteran described in this subsection is a veteran— who experienced a traumatic brain injury while a member of the Armed Forces that is attributable to an act of an enemy of the United States that occurred on or after December 7, 1941; and who has a service-connected disability attributable to such traumatic brain injury, as determined by the Secretary of Veterans Affairs; or with respect to whom there is a military record that demonstrates the occurrence of such traumatic brain injury. Each Secretary concerned shall— establish a process for persons to submit applications for the awarding of the Purple Heart under this section; and award the Purple Heart to each person who submits an application that demonstrates the person is a veteran described in subsection (b), without regard to the date on which the veteran experienced the traumatic brain injury that is described in the application. In this section, the terms service-connected and veteran have the meaning given the terms in section 101 of title 38.