[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6093 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6093

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 and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2008

 Mr. Hinchey (for himself, Mr. Filner, and 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 members 
 of the Armed Forces to sue the United States for damages for certain 
    injuries caused by improper medical care and for other purposes.

    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 ``Carmelo Rodriguez Military Medical 
Accountability Act of 2008''.

SEC. 2. ALLOWANCE OF CLAIMS BY MEMBERS OF THE ARMED FORCES AGAINST THE 
              UNITED STATES FOR CERTAIN INJURIES CAUSED BY IMPROPER 
              MEDICAL CARE.

    (a) In General.--Chapter 171 of title 28, United States Code, is 
amended by adding at the end thereof the following new section:
``Sec. 2681. Certain claims by members of the Armed Forces of the 
              United States
    ``(a) Claims may be brought under this chapter for damages against 
the United States for the personal injury or death of a member of the 
Armed Forces of the United States arising out of a negligent or 
wrongful act or omission in the performance of medical, dental, or 
related health care functions (including clinical studies and 
investigations) that takes place other than in the context of combat 
and is provided by persons acting within the scope of their office or 
employment by or at the direction of the Armed Forces of the United 
States, whether inside or outside the United States.
    ``(b) 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, United States 
Code, that are attributable to the physical injury or death from which 
the claim arose.
    ``(c) For purposes of claims brought under this section--
            ``(1) section 2680(k) does not apply; and
            ``(2) in the case of an act or omission occurring outside 
        the United States, the `law of the place where the act or 
        omission occurred' shall be deemed to be the law of the place 
        of domicile of the plaintiff.
    ``(d) As used in this section, the term `a negligent or wrongful 
act or omission in the performance of medical, dental, or related 
health care functions (including clinical studies and investigations)' 
has the same meaning given that term for the purposes of section 
1089(e) of title 10.''.
    (b) Clerical Amendment.--The table of sections for chapter 171 of 
title 28, United States Code, is amended by adding at the end thereof 
the following new item:

``2681. Certain claims by members of the Armed Forces of the United 
                            States.''.
    (c) Effective Date.--The amendments made by this section shall 
apply only with respect to claims arising on or after January 1, 1997 
and any period of limitation that applies to such a claim arising 
before the date of enactment of this Act shall begin to run on the date 
of that enactment.
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