[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8831 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8831

To amend title 10, United States Code, to authorize certain claims for 
personal injury or death caused by medical malpractice onboard certain 
                 naval vessels, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2022

 Ms. Speier (for herself and Mr. DeSaulnier) introduced the following 
      bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to authorize certain claims for 
personal injury or death caused by medical malpractice onboard certain 
                 naval vessels, 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 ``Seaman Danyelle Luckey Military 
Medical Accountability Amendment Act of 2022''.

SEC. 2. AUTHORIZATION OF CERTAIN CLAIMS FOR PERSONAL INJURY OR DEATH 
              CAUSED BY MEDICAL MALPRACTICE ONBOARD CERTAIN NAVAL 
              VESSELS.

    (a) Authorization.--Section 2733a of title 10, United States Code, 
is amended--
            (1) in subsection (b)(3), by inserting ``or onboard a 
        covered naval vessel of the United States that, at the time of 
        such occurrence, was not engaged in combat operations'' after 
        ``facility''; and
            (2) in subsection (i)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Covered naval vessel.--The term `covered naval 
        vessel' means an aircraft carrier or amphibious ship.''.
    (b) Applicability; Filing Period for Certain Claims.--
            (1) Applicability.--The amendments made by subsection (a) 
        shall apply with respect to claims that accrue--
                    (A) during the period described in paragraph 
                (2)(B); or
                    (B) on or after the date of the enactment of this 
                Act.
            (2) Filing period.--
                    (A) In general.--Any claim regarding an act or 
                omission constituting medical malpractice onboard a 
                navel vessel as specified in section 2733a(b)(3) of 
                title 10, United States Code (as amended by subsection 
                (a)) that accrues during the period described in 
                subparagraph (B) and is filed not later than 90 days 
                after the date of the enactment of this Act--
                            (i) shall be deemed to be filed within the 
                        time period specified in section 2733a(b)(4) of 
                        such title; and
                            (ii) notwithstanding section 2735 of such 
                        title, may be allowed, settled, and paid under 
                        section 2733a(a) of such title.
                    (B) Period described.--The period described in this 
                subparagraph is the period beginning on October 1, 
                2016, and ending on the day before the date of the 
                enactment of this Act.
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