[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4088 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4088

 To ensure that the members of the Armed Forces and civilian employees 
    of the Department of Defense who were killed or wounded in the 
 shootings at Fort Hood are treated in the same manner as members who 
  are killed or wounded in combat zones or civilian employees who are 
killed or wounded in a terrorist attack or while serving with the Armed 
                   Forces in a contingency operation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2009

   Mr. Carter (for himself, Mr. Petri, Mr. Connolly of Virginia, Mr. 
Ruppersberger, Mr. Hunter, Mr. Roe of Tennessee, Ms. McCollum, Mr. Ryan 
of Wisconsin, Mr. Cole, Ms. Baldwin, Mr. Kind, Mr. Doyle, Mrs. Biggert, 
   Ms. Fallin, Mr. Donnelly of Indiana, Mr. Holden, Mr. Ellison, Mr. 
Conaway, Ms. Ros-Lehtinen, Mr. Olson, Mrs. Lummis, Mr. Pierluisi, Mrs. 
 Blackburn, Ms. Chu, Mr. Edwards of Texas, Mr. McCaul, Ms. Norton, Ms. 
  Granger, Mr. Thornberry, Mrs. McMorris Rodgers, Mr. Neugebauer, Mr. 
Franks of Arizona, Mr. Brady of Texas, Mr. Smith of Texas, Mr. Davis of 
Tennessee, Mr. King of New York, Mr. Westmoreland, Mr. Wamp, Mr. Broun 
 of Georgia, Mr. Al Green of Texas, Mr. Cantor, Mr. Price of Georgia, 
  Mr. Lamborn, Mr. Hensarling, Mr. Gohmert, Mr. King of Iowa, and Mr. 
Davis of Kentucky) introduced the following bill; which was referred to 
 the Committee on Armed Services, and in addition to the Committees on 
Ways and Means, Oversight and Government Reform, and Veterans' Affairs, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To ensure that the members of the Armed Forces and civilian employees 
    of the Department of Defense who were killed or wounded in the 
 shootings at Fort Hood are treated in the same manner as members who 
  are killed or wounded in combat zones or civilian employees who are 
killed or wounded in a terrorist attack or while serving with the Armed 
                   Forces in a contingency operation.

    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 ``Fort Hood Families Benefits 
Protection Act''.

SEC. 2. TREATMENT OF MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES 
              OF THE DEPARTMENT OF DEFENSE WHO WERE KILLED OR WOUNDED 
              IN THE SHOOTINGS AT FORT HOOD.

    (a) Treatment.--For purposes of the laws specified in subsection 
(b), a member of the Armed Forces or civilian employee of the 
Department of Defense who was killed or wounded by gunfire in the 
shootings that occurred at Fort Hood, Texas, on November 5, 2009, shall 
be deemed--
            (1) in the case of a member, to have been killed or wounded 
        in a combat zone as the result of an act of an enemy of the 
        United States; and
            (2) in the case of a civilian employee of the Department of 
        Defense, to have been killed or wounded while serving with the 
        Armed Forces in a contingency operation or to have been killed 
        or wounded in a terrorist attack.
    (b) Covered Laws.--Subsection (a) shall apply with respect to the 
following laws (and related regulations and policies):
            (1) Executive Order 11016 (relating to the award of the 
        Purple Heart to members of the Armed Forces).
            (2) The Secretary of Defense Medal for the Defense of 
        Freedom (for civilian employees of the Department of Defense 
        who are killed or wounded in the line of duty).
            (3) Section 8102a of title 5, United States Code (relating 
        to a death gratuity for deaths incurred in connection with an 
        employee's service with the Armed Forces in a contingency 
        operation).
            (4) Section 1413a of title 10, United States Code (relating 
        to combat-related special compensation for retired members).
            (5) Section 1482a of title 10, United States Code (relating 
        to payment of expenses incident to the death of a civilian 
        employee while serving with the Armed Forces in a contingency 
        operation).
            (6) Sections 303a(e) and 373(b)(2) of title 37, United 
        States Code (relating to repayment of unearned portion of 
        bonuses and other benefits when a uniformed services dies or is 
        retired or separated with a combat-related disability).
            (7) Section 310 of title 37, United States Code (relating 
        to special pay for members for duty subject to hostile fire or 
        imminent danger).
            (8) Section 328 of title 37, United States Code (relating 
        to combat-related injury rehabilitation pay for members).
            (9) Section 372 of title 37, United States Code (relating 
        to continuation of special pays and allowances for members 
        during hospitalization and rehabilitation resulting from wounds 
        incurred while on duty in a combat zone).
            (10) Section 402(h) of title 37, United States Code 
        (relating to no payment for meals received at military 
        treatment facilities by members recovering from an injury 
        incurred in a combat zone).
            (11) Section 411h of title 37, United States Code (relating 
        to transportation of family members incident to illness or 
        injury of members).
            (12) Section 1007(c)(4) of title 37, United States Code 
        (relating to deductions from pay of members).
            (13) Section 112 of the Internal Revenue Code of 1986 
        (relating to tax treatment of combat zone compensation of 
        members).
            (14) Section 134(b)(6) of the Internal Revenue Code of 1986 
        (relating to tax treatment of certain State payments received 
        by members in a combat zone).
            (15) Section 692 of the Internal Revenue Code of 1986 
        (relating to income taxes of members who die in a combat zone 
        or from injuries sustained therein and victims of terrorist 
        attacks).
            (16) Section 2201 of the Internal Revenue Code of 1986 
        (relating to selection of rate schedule to estate of members 
        who die in a combat zone or from injuries sustained therein and 
        victims of terrorist attacks).
            (17) Section 7508 of the Internal Revenue Code of 1986 
        (relating to postponement of time for performing certain 
        actions under internal revenue laws for members serving in a 
        combat zone or recovering from injuries sustained therein).
            (18) Any other provision of law that treats the death or 
        injury of a member of the Armed Forces in a combat zone as the 
        result of an act of an enemy of the United States or the death 
        or injury of a civilian employee in a terrorist attack or while 
        serving with the Armed Forces in a contingency operation 
        differently from the death or injury of members and civilian 
        employees under other circumstances.
    (c) Maximum Coverage Under Servicemembers' Group Life Insurance.--
If a member of the Armed Forces who was killed in the shootings that 
occurred at Fort Hood or dies of wounds sustained in the shootings was 
insured under subchapter III of chapter 19 of title 38, United States 
Code, but elected to be insured in an amount less than the amount 
provided for under section 1967(a)(3)(A)(i) of such title, the amount 
for which the person is deemed to be insured under such subchapter 
shall be $400,000 notwithstanding such election.
    (d) Exception.--Subsections (a) and (c) shall not apply to a member 
of the Armed Forces whose wounds or death is the result of the willful 
misconduct of the member.
                                 <all>