[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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