[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2451 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2451

  To amend chapter 171 of title 28, United States Code, to allow suit 
  against the United States for injuries and deaths of members of the 
 Armed Forces caused by improper medical care, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2019

Mr. Kennedy (for himself and Ms. Hirono) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend chapter 171 of title 28, United States Code, to allow suit 
  against the United States for injuries and deaths of members of the 
 Armed Forces 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 ``SFC Richard Stayskal Military 
Medical Accountability Act of 2019''.

SEC. 2. ALLOWING CLAIMS AGAINST THE UNITED STATES FOR INJURY AND DEATH 
              OF MEMBERS OF THE ARMED FORCES 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. Claims against the United States for injury and death of 
              members of the Armed Forces
    ``(a) In this section--
            ``(1) the term `Armed Forces' has the meaning given the 
        term in section 101 of title 38; and
            ``(2) the term `covered military medical treatment 
        facility'--
                    ``(A) means the facilities described in subsections 
                (b), (c), and (d) of section 1073d of title 10, 
                regardless of whether the facility is located in or 
                outside the United States; and
                    ``(B) does not include battalion aid stations or 
                other medical treatment locations deployed in an area 
                of armed conflict.
    ``(b) A claim may be brought against the United States under this 
chapter for damages for personal injury or death of a member of the 
Armed Forces 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 at a 
covered military medical treatment facility 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 and shall be exclusive 
of any other civil action or proceeding by reason of the same subject 
matter against such person (or the estate of such person) whose act or 
omission gave rise to the action or proceeding.
    ``(c) A claim under this section shall not be reduced by the amount 
of any benefit received under subchapter III (relating to 
Servicemembers' Group Life Insurance) of chapter 19 of title 38.
    ``(d) Notwithstanding section 2401(b)--
            ``(1) except as provided in paragraph (2), a claim arising 
        under this section may not be commenced later than 3 years 
        after the date on which the claimant discovered, or by 
        reasonable diligence should have discovered, the injury and the 
        cause of the injury; and
            ``(2) with respect to a claim pending before the date of 
        enactment of this section, the limitations period described in 
        paragraph (1) shall begin on the date of enactment of this 
        section.
    ``(e) For purposes of claims brought under this section--
            ``(1) subsections (j) and (k) of section 2680 shall 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 State of 
        domicile of the claimant.
    ``(f) Not later than 2 years after the date of the enactment of 
this section, and every 2 years thereafter, the Secretary of Defense 
shall submit to Congress a report on the number of claims filed under 
this section.''.
    (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:

``2681. Claims against the United States for injury and death of 
                            members of the Armed Forces.''.
    (c) Effective Date.--This Act and the amendments made by this Act 
shall apply to--
            (1) a claim arising on or after the date of the enactment 
        of this Act; and
            (2) a pending claim arising before the date of the 
        enactment of this Act.
    (d) Rule of Construction.--Nothing in this Act or the amendments 
made by this Act shall be construed to limit the application of the 
administrative process and procedures of chapter 171 of title 28, 
United States Code, to claims permitted under section 2681, as added by 
this section.
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