I 111th CONGRESS 1st Session H. R. 4088 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.

1.

Short title

This Act may be cited as the Fort Hood Families Benefits Protection Act.

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.