I 112th CONGRESS 1st Session H. R. 1142 IN THE HOUSE OF REPRESENTATIVES March 16, 2011 Mr. West (for himself, Mr. Griffin of Arkansas, Mr. Nugent, Mrs. McMorris Rodgers, Mr. Westmoreland, Mr. Ross of Florida, Mr. Kissell, Mrs. Ellmers, and Mr. Stivers) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to ensure the equitable treatment of members of the Armed Forces and civilian employees of the Department of Defense who are killed or wounded in an attack, occurring outside of a combat zone, that targeted the members or employees on account of their status as members of the Armed Forces or civilian employees of the Department of Defense.

1.

Short title

This Act may be cited as the Global Combat Zone Recognition Act.

2.

Treatment of members of the Armed Forces and civilian employees of the Department of Defense killed or wounded in attacks directed at members or employees outside of combat zone

(a)

In general

Chapter 53 of title 10, United States Code, is amended by inserting after section 1032 at the end the following new section:

1032a.

Treatment of members of the armed forces and civilian employees of the Department of Defense killed or wounded in attacks directed at members or employees outside of a combat zone

(a)

Treatment

For purposes of all applicable Federal laws, regulations, and policies, a member of the armed forces or civilian employee of the Department of Defense who was killed or wounded in an attack under the circumstances described in subsection (b) shall be deemed as follows: (1)In the case of a member, to have been killed or wounded in a combat zone. (2)In the case of a civilian employee, to have been killed or wounded while serving with the armed forces in a contingency operation. (b)

Covered attacks

(1)

Attacks described

Except as provided in paragraph (2), an attack covered by subsection (a) is any assault or battery resulting in bodily injury or death committed by an individual who the Secretary of Defense determines knowingly targeted— (A)a member of the armed forces on account of the military service of the member or the status of member as a member of the Armed Forces; or (B)a civilian employee of the Department of Defense on account of the employee’s employment with the Department of Defense or affiliation with the Department of Defense. (2)

Geographic exclusion

Subsection (a) does not apply to any attack that— (A)occurs in a combat zone; or (B)in the case of a civilian employee of the Department, occurs while the employee is serving with the armed forces in a contingency operation. (c)

Exclusion of certain individuals

Subsection (a) shall not apply to a member of the armed forces or civilian employee of the Department of Defense whose death or wound as described in subsection (b) is the result of the misconduct of the member or employee, as determined by the Secretary of Defense. (d)

Definitions

In this section: (1)The term armed forces does not include the Coast Guard. (2)The term combat zone means a combat operation or combat zone designated by the Secretary of Defense.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1032 the following new item: 1032a. Treatment of members of the armed forces and civilian employees of the Department of Defense killed or wounded in attacks directed at members or employees outside of a combat zone. . (c)

Retroactive application to certain earlier attacks on members of the armed forces or DOD civilians

(1)

Covered attacks

Section 1032a of title 10, United States Code, as added by subsection (a), shall apply to the following: (A)The attack that occurred at Fort Hood, Texas, on November 5, 2009. (B)The attack that occurred at a recruiting station in Little Rock, Arkansas, on June 1, 2009. (C)The attack that occurred at the Frankfurt Airport, Germany, on March 2, 2011. (2)

Notification

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall notify all members of the Armed Forces and civilian employees of the Department of Defense who were wounded in the attacks specified in paragraph (1) and the next-of-kin of members and civilian employees who were killed in such attacks of the availability of benefits as a result of the enactment of section 1032a of title 10, United States Code.