II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fort Hood Victims 

5 and Families Benefits Protection Act’’. 


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1 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Fort Hood, Texas, has played a highly 

5 prominent role in the Global War on Terror, deploy6 ing more members of the Armed Forces into over7 seas theaters of combat since September 11, 2001, 

8 than any other United States military installation. 

9 (2) The members of the Armed Forces and 

10 community of Fort Hood have answered the call to 

11 service with honor and distinction, and the post has 

12 paid a steep price, suffering more combat casualties 

13 in Operation Iraqi Freedom and Operation Enduring 

14 Freedom than any other United States military in15 stallation. 

16 (3) In February 2011, the Committee on 

17 Homeland Security and Governmental Affairs of the 

18 Senate issued a report entitled ‘‘A Ticking Time 

19 Bomb: Counterterrorism Lessons from the U.S. 

20 Government’s Failure to Prevent the Fort Hood At21 tack’’, which stated the following: ‘‘On November 5, 

22 2009, 13 Americans – 12 servicemembers and one 

23 civilian employee of DoD – were killed and 32 were 

24 wounded in an attack at the military base at Fort 

25 Hood, Texas. This tragedy was the deadliest terVerDate Mar 15 2010 20:54 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316

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1 rorist attack within the United States since Sep2 tember 11, 2001’’. 

3 (4) In the wake of the brutal September 11, 

4 2001, terrorist attacks on the United States, the 

5 Federal Government set a historical precedent when 

6 it awarded the victims of those attacks who were 

7 members of the Armed Forces with the Purple 

8 Heart medal and the victims of those attacks who 

9 were civilian employees of the Department of De10 fense with the Secretary of Defense Medal for the 

11 Defense of Freedom. 

12 (5) In the aftermath of the attack that occurred 

13 at Fort Hood, Texas, on November 5, 2009, this 

14 precedent should be followed in accordance with cur15 rent criteria for awarding the Purple Heart, as es16 tablished in Executive Order No. 11016, and the 

17 Secretary of Defense Medal for the Defense of Free18 dom. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) any member of the Armed Forces or civilian 

22 employee of the Department of Defense who was 

23 killed or wounded in the attack that occurred at 

24 Fort Hood, Texas, on November 5, 2009, and the 

25 family members of those victims, should receive the 


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1 same treatment and benefits as the victims and fam2 ilies of victims of the September 11, 2001, terrorist 

3 attacks on the United States; 

4 (2) these Americans have made tremendous 

5 sacrifices, and the United States should provide 

6 them with the maximum level of benefits available, 

7 identical to the level of benefits available to those 

8 who have been killed or wounded in an overseas 

9 combat zone such as Iraq or Afghanistan; and 

10 (3) the Department of Defense should duly 

11 honor the Americans who were killed or injured in 

12 the attack at Fort Hood with awards that serve to 

13 recognize their physical sacrifices, including the Pur14 ple Heart Medal for members of the Armed Forces 

15 and the Secretary of Defense Medal for the Defense 

16 of Freedom for civilian employees of the Department 

17 of Defense. 

18 SEC. 3. TREATMENT OF MEMBERS OF THE ARMED FORCES 

19 AND CIVILIAN EMPLOYEES OF THE DEPART20 MENT OF DEFENSE WHO WERE KILLED OR 

21 WOUNDED IN THE NOVEMBER 5, 2009, AT22 TACK AT FORT HOOD, TEXAS. 

23 (a) TREATMENT.—For purposes of all applicable 

24 Federal laws, regulations, and policies, a member of the 

25 Armed Forces or civilian employee of the Department of 


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1 Defense who was killed or wounded in the attack that oc2 curred at Fort Hood, Texas, on November 5, 2009, shall 

3 be deemed as follows: 

4 (1) In the case of a member, to have been killed 

5 or wounded in a combat zone as the result of an act 

6 of an enemy of the United States. 

7 (2) In the case of a civilian employee of the De8 partment of Defense— 

9 (A) to have been killed or wounded while 

10 serving with the Armed Forces in a contingency 

11 operation; and 

12 (B) to have been killed or wounded in a 

13 terrorist attack. 

14 (b) EXCEPTION.—Subsection (a) shall not apply to 

15 a member of the Armed Forces whose death or wound as 

16 described in that subsection is the result of the willful mis17 conduct of the member. 

Æ 


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