[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2552. Mr. PADILLA submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. 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 January 1, 2017; and
       (2) a pending claim arising before January 1, 2017.
       (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.
                                 ______