82 FR 5321 - Amending Executive Order 11016 To Update Eligibility Criteria for Award of the Purple Heart

Executive Office of the President

Federal Register Volume 82, Issue 10 (January 17, 2017)

[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Presidential Documents]
[Pages 5321-5322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01164]



[[Page 5319]]

Vol. 82

Tuesday,

No. 10

January 17, 2017

Part VII





The President





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Executive Order 13758--Amending Executive Order 11016 To Update 
Eligibility Criteria for Award of the Purple Heart



Executive Order 13759--Designating the World Organisation for Animal 
Health as a Public International Organization Entitled To Enjoy Certain 
Privileges, Exemptions, and Immunities



Executive Order 13760--Exclusions From the Federal Labor-Management 
Relations Program


                        Presidential Documents 



Federal Register / Vol. 82 , No. 10 / Tuesday, January 17, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 5321]]

                Executive Order 13758 of January 12, 2017

                
Amending Executive Order 11016 To Update 
                Eligibility Criteria for Award of the Purple Heart

                By the authority vested in me as President and as 
                Commander in Chief of the armed forces by the 
                Constitution and the laws of the United States of 
                America, Executive Order 11016 of April 25, 1962, as 
                amended, is further amended as follows:

                Section 1. Paragraph 1 is amended to read as follows:

                    ``1. The Secretary of a military department, or the 
                Secretary of Homeland Security with regard to the Coast 
                Guard when not operating as a service in the Navy, 
                shall, in the name of the President of the United 
                States, award the Purple Heart, with suitable ribbons 
                and appurtenances, to any member or former member of 
                the armed forces under the jurisdiction of that 
                department who, while serving as a member of the armed 
                forces, has been, or may hereafter be, wounded:

(a) in any action against an enemy of the United States;

(b) in any action with an opposing armed force of a foreign country in 
which the armed forces of the United States are or have been engaged;

(c) while serving with friendly foreign forces engaged in an armed conflict 
against an opposing armed force in which the United States is not a 
belligerent party;

(d) as the result of an act of any such enemy or opposing armed force;

(e) as the result of an act of any hostile foreign force;

(f) while being taken captive or while being held as a prisoner of war, and 
for purposes of this paragraph a person is considered a prisoner of war if 
the person is eligible for the Prisoner of War Medal pursuant to section 
1128 of title 10, United States Code;

(g) after March 28, 1973, as a result of an international terrorist attack 
against the United States or a foreign nation friendly to the United 
States, recognized as such an attack for the purposes of this order by the 
Secretary of the department concerned, or jointly by the Secretaries of the 
departments concerned if persons from more than one department are wounded 
in the attack;

(h) after March 28, 1973, as a result of military operations, while serving 
outside the territory of the United States as part of a peacekeeping force;

(i) after September 10, 2001, in an attack that was motivated or inspired 
by a foreign terrorist organization, which the Secretary of the department 
concerned shall treat in the same manner as an international terrorist 
attack, provided the attack specifically targeted the member due to his or 
her military service as provided in section 1129a of title 10, United 
States Code; or

(j) after December 6, 1941, by friendly weapon fire while directly engaged 
in armed conflict, other than as the result of an act of an enemy of the 
United States, an opposing armed force, or hostile foreign force.''.

                Sec. 2. Paragraph 2 is amended to read as follows:

                    ``2. The Secretary of a military department, or the 
                Secretary of Homeland Security with regard to the Coast 
                Guard when not operating as a service in the Navy, 
                shall, in the name of the President of the United 
                States,

[[Page 5322]]

                award the Purple Heart, with suitable ribbons and 
                appurtenances, posthumously, to any member of the armed 
                forces under the jurisdiction of that department 
                covered by, and under the circumstances described in:

(a) paragraphs 1(a)-(f) who, after April 5, 1917;

(b) paragraphs 1(g)-(h) who, after March 28, 1973;

(c) paragraph 1(i) who, after September 10, 2001; or

(d) paragraph 1(j) who, after December 6, 1941, has been, or may hereafter 
be, killed, or who has died or may hereafter die after being wounded.''.

                Sec. 3. Paragraph 3 is amended by inserting ``been of 
                such severity that it'' after ``must have''.

                Sec. 4. Paragraphs 4, 5, 6, 7, and 8 are redesignated 
                as paragraphs 5, 6, 7, 8, and 9, respectively.

                Sec. 5. The following new paragraph 4 is inserted after 
                paragraph 3:

                    ``4. The Purple Heart is not authorized for a wound 
                or death that results from the willful misconduct of 
                the member.''.

                Sec. 6. Paragraph 6, as redesignated, is amended by 
                striking ``paragraph 4'' and inserting in lieu thereof 
                ``paragraph 5''.

                Sec. 7. This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 12, 2017.

[FR Doc. 2017-01164
Filed 1-13-17; 11:15 am]
Billing code 3295-F7-P