[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1478 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1478

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2009

 Mr. Hinchey 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 2009''.

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 the following:
``Sec. 2681. Certain claims by members of the Armed Forces of the 
              United States
    ``(a) A claim may be brought against the United States under this 
chapter for damages relating to 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 is provided by a person acting within the 
scope of the office or employment of that person by or at the direction 
of the Government of the United States inside the United States.
    ``(b)(1) 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 or the estate, survivors, and 
beneficiaries of the member under title 10, title 37, or title 38 that 
are attributable to the physical injury or death from which the claim 
arose.
    ``(2) A claim under this section shall not be reduced by the amount 
of any benefit received under Servicemembers Group Life Insurance under 
subchapter III of chapter 19 of title 38, including any benefit under--
            ``(A) section 1980A of title 38 (commonly know as Traumatic 
        Servicemembers' Group Life Insurance); and
            ``(B) section 1967 of title 38 (commonly known as Family 
        Servicemembers' Group Life Insurance).
    ``(c) This section shall not apply to any claim arising out of the 
combatant activities of the Armed Forces during time of armed conflict.
    ``(d) 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.
    ``(e) 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 purposes of section 1089(e) of 
title 10.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 171 of title 28, United States Code, is amended by adding at 
the end the following:

``Sec. 2681. Certain claims by members of the Armed Forces of the 
                            United States.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to a claim 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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