[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2128 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2128

To amend chapter 171 of title 28, United States Code, to allow members 
 of the Armed Forces to sue the United States for damages for certain 
               injuries caused by improper medical care.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2003

Mr. Frank of Massachusetts (for himself, Mr. Walden of Oregon, and Mr. 
  Grijalva) 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 members 
 of the Armed Forces to sue the United States for damages for certain 
               injuries caused by improper medical care.

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

SECTION 1. CLAIMS FOR IMPROPER 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 by members of the Armed Forces
    ``(a) Claims of Members of Armed Forces.--Subject to all 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 or on full-time 
National Guard duty (as defined in section 101(42) of title 10), under 
the conditions prescribed in this section.
    ``(b) Where Care Performed.--The personal injury or death referred 
to in subsection (a) must have arisen out of medical or dental care 
furnished the member of the Armed Forces in a fixed medical treatment 
facility operated by the Secretary of a military department or any 
other fixed medical facility operated by the United States.
    ``(c) Definition.--For purposes of this section, a fixed medical 
facility is a medical center, hospital, or clinic that is located in a 
building, structure, or other improvement to real property.
    ``(d) Reduction of Claims by Other Benefits.--The payment of any 
claim of a member of the Armed Forces under this section shall be 
reduced by the present value of other benefits received by the member 
and the member's estate, survivors, and beneficiaries, under title 10, 
title 37, or title 38 that are attributable to the physical injury or 
death from which the claim arose.''.
    (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 by members of the Armed Forces.''.

SEC. 2. EFFECTIVE DATE.

    Section 2681 of title 28, United States Code, as added by section 
1, 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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