[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 316 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 316

  To ensure that the victims and victims' families of the November 5, 
2009, attack at Fort Hood, Texas, receive the same treatment, benefits, 
  and honors as those Americans who have been killed or wounded in a 
                combat zone overseas and their families.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2011

 Mr. Cornyn (for himself and Mrs. Hutchison) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
  To ensure that the victims and victims' families of the November 5, 
2009, attack at Fort Hood, Texas, receive the same treatment, benefits, 
  and honors as those Americans who have been killed or wounded in a 
                combat zone overseas and their families.

    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 Victims and Families 
Benefits Protection Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) Fort Hood, Texas, has played a highly prominent role in 
        the Global War on Terror, deploying more members of the Armed 
        Forces into overseas theaters of combat since September 11, 
        2001, than any other United States military installation.
            (2) The members of the Armed Forces and community of Fort 
        Hood have answered the call to service with honor and 
        distinction, and the post has paid a steep price, suffering 
        more combat casualties in Operation Iraqi Freedom and Operation 
        Enduring Freedom than any other United States military 
        installation.
            (3) In February 2011, the Committee on Homeland Security 
        and Governmental Affairs of the Senate issued a report entitled 
        ``A Ticking Time Bomb: Counterterrorism Lessons from the U.S. 
        Government's Failure to Prevent the Fort Hood Attack'', which 
        stated the following: ``On November 5, 2009, 13 Americans - 12 
        servicemembers and one civilian employee of DoD - were killed 
        and 32 were wounded in an attack at the military base at Fort 
        Hood, Texas. This tragedy was the deadliest terrorist attack 
        within the United States since September 11, 2001''.
            (4) In the wake of the brutal September 11, 2001, terrorist 
        attacks on the United States, the Federal Government set a 
        historical precedent when it awarded the victims of those 
        attacks who were members of the Armed Forces with the Purple 
        Heart medal and the victims of those attacks who were civilian 
        employees of the Department of Defense with the Secretary of 
        Defense Medal for the Defense of Freedom.
            (5) In the aftermath of the attack that occurred at Fort 
        Hood, Texas, on November 5, 2009, this precedent should be 
        followed in accordance with current criteria for awarding the 
        Purple Heart, as established in Executive Order No. 11016, and 
        the Secretary of Defense Medal for the Defense of Freedom.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) any member of the Armed Forces or civilian employee of 
        the Department of Defense who was killed or wounded in the 
        attack that occurred at Fort Hood, Texas, on November 5, 2009, 
        and the family members of those victims, should receive the 
        same treatment and benefits as the victims and families of 
        victims of the September 11, 2001, terrorist attacks on the 
        United States;
            (2) these Americans have made tremendous sacrifices, and 
        the United States should provide them with the maximum level of 
        benefits available, identical to the level of benefits 
        available to those who have been killed or wounded in an 
        overseas combat zone such as Iraq or Afghanistan; and
            (3) the Department of Defense should duly honor the 
        Americans who were killed or injured in the attack at Fort Hood 
        with awards that serve to recognize their physical sacrifices, 
        including the Purple Heart Medal for members of the Armed 
        Forces and the Secretary of Defense Medal for the Defense of 
        Freedom for civilian employees of the Department of Defense.

SEC. 3. TREATMENT OF MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES 
              OF THE DEPARTMENT OF DEFENSE WHO WERE KILLED OR WOUNDED 
              IN THE NOVEMBER 5, 2009, ATTACK AT FORT HOOD, TEXAS.

    (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 the 
attack that occurred at Fort Hood, Texas, on November 5, 2009, shall be 
deemed as follows:
            (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.
            (2) In the case of a civilian employee of the Department of 
        Defense--
                    (A) to have been killed or wounded while serving 
                with the Armed Forces in a contingency operation; and
                    (B) to have been killed or wounded in a terrorist 
                attack.
    (b) Exception.--Subsection (a) shall not apply to a member of the 
Armed Forces whose death or wound as described in that subsection is 
the result of the willful misconduct of the member.
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