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CONCURRENT RESOLUTION
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WHEREAS, Many survivors and parents, spouses, and children of |
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survivors and deceased victims of the 2017 mass shooting in |
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Sutherland Springs continue to suffer the aftereffects of this |
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crime and their resulting injuries and have unmet needs such as |
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medical care, therapy, psychological treatment, and loss of earning |
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capacity and financial support, and they suffer from physical and |
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emotional impairment, as well as loss of physical function and use |
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of limbs and systems; and |
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WHEREAS, The deadliest mass shooting in the state's history, |
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the Sutherland Springs attack was perpetrated by a former member of |
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the United States Air Force who should have been prevented from |
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purchasing or possessing firearms; the shooter had been convicted |
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of domestic violence in a court-martial, and under the Brady |
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Handgun Violence Prevention Act, his name was required to be |
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entered into the FBI National Crime Information Center Database; |
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this database allows the National Instant Criminal Background Check |
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System to flag prohibited purchases of firearms; and |
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WHEREAS, The Defense Department Inspector General found that |
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the Air Force had on four occasions failed to submit the shooter's |
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fingerprints to the FBI; in addition, it twice neglected to send his |
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final disposition report; if these requirements had been met, the |
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shooter would not have been able to pass federally mandated |
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background checks in order to purchase the weapons he used in the |
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Sutherland Springs murders; these failures had drastic |
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consequences and should not have occurred, and no excuse exists for |
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the Air Force's failures to submit the shooter's fingerprint |
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records and his final disposition report to the FBI; nevertheless, |
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the Air Force has not responded to claims for compensation filed |
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under the Federal Tort Claims Act, and survivors and surviving |
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families have received no remedy through the courts to date and face |
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extended uncertainty regarding the ultimate outcome of protracted |
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litigation against the United States while their needs remain |
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unmet; and |
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WHEREAS, The Secretary of the Air Force acknowledged before |
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the Judiciary Committee of the United States Senate that, despite a |
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DOD IG audit in 2015 that revealed the Air Force had failed to |
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report 30 percent of the disqualifying information under the Brady |
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Act and Air Force regulation to the FBI, the Air Force failed to |
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make the agreed upon changes retroactive and failed to report this |
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shooter's criminal history to the FBI on four different occasions; |
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and |
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WHEREAS, In the years to come, many survivors and surviving |
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families will continue to struggle with medical expenses, |
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impairment, and physical and emotional suffering, as well as the |
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loss of earning capacity and income, and they are entitled to |
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relief; now, therefore, be it |
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RESOLVED, That the 86th Legislature of the State of Texas |
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hereby urge the United States Congress to pass legislation |
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compensating the survivors and surviving families of the Sutherland |
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Springs mass shooting for damages due to the failure of the U.S. Air |
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Force to report the shooter's conviction to the FBI National Crime |
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Information Center Database; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the president of the Senate and the speaker of the House of |
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Representatives of the United States Congress, and to all the |
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members of the Texas delegation to Congress with the request that |
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this resolution be entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |