[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2524 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2524

 To amend chapter 171 of title 28, United States Code, to allow claims 
 against the United States under that chapter for damages arising from 
  certain negligent medical care provided members of the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 1995

  Mr. Frank of Massachusetts introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 171 of title 28, United States Code, to allow claims 
 against the United States under that chapter for damages arising from 
  certain negligent medical care provided members of the Armed Forces.

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

SECTION 1. CLAIMS FOR NEGLIGENT MEDICAL CARE.

    (a) Cognizable Claims.--Chapter 171 of title 28, United States 
Code, is amended by adding at the end the following new section:
``Sec. 2681. Certain claims arising out of medical care provided 
              members of the Armed Forces
    ``(a) Claims Authorized.--Subject to the provisions of this 
chapter, claims may be brought under this chapter for damages against 
the United States for personal injury or death of a member of the Armed 
Forces serving on active duty (as defined in section 101(d)(1) of title 
10) or on full-time National Guard duty (as defined in section 
101(d)(5) of title 10), under the conditions prescribed in this 
section.
    ``(b) Limitation to Medical Care in Fixed Facilities.--The personal 
injury or death referred to in subsection (a) must have arisen out of 
noncombatant medical or dental care furnished the member of the Armed 
Forces in a medical facility operated by the Secretary of the military 
department or any other medical facility operated by the United States.
    ``(c) Offset of Other Government Benefits by Amount of Awards or 
Judgments.--If an award or judgment on a claim under this section for 
personal injury or death of a member of the Armed Forces is paid, then 
no monetary benefits under title 10, title 37, or chapter 11 or 13 of 
title 38 that are attributable to the personal injury or death from 
which the claim arose shall be paid to the member or the member's 
estate, survivors, or beneficiaries, for any month beginning after the 
date on which the award or judgment becomes final, until the aggregate 
amount of benefits that would be paid but for this sentence equals that 
amount of the award or judgment which the agency making the award, or 
the court entering the judgment, as the case may be, determines is 
equal to compensatory damages, less any amount of the award or judgment 
paid for attorneys' fees or costs incurred in connection with the 
claim.
    ``(d) Definitions.--For purposes of this section--
            ``(1) the term `medical facility' means a medical center, 
        hospital, or clinic that is located in a building or structure; 
        and
            ``(2) the term `personal injury' does not include mental or 
        emotional disability unless it is the direct result of a 
        physical injury.''.
    (b) Clerical Amendment.--The table of sections for chapter 171 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``2681. Certain claims arising out of medical care provided members of 
                            the Armed Forces.''.

SEC. 2. EFFECTIVE DATE.

    Section 2681 of title 28, United States Code, as added by section 1 
of this Act, shall apply only with respect to personal injuries or 
deaths occurring on or after the date of the enactment of this Act.
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