I 

116TH CONGRESS 

1ST SESSION H. R. 2422 

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 of the United States caused by improper medical care, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2019 

Ms. SPEIER (for herself, Mr. HUDSON, Mr. RASKIN, Mr. RESCHENTHALER, 

Mr. TED LIEU of California, Mr. MULLIN, Mr. CRIST, and Mr. STEUBE) 

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 suit against the United States for injuries and 

deaths of members of the Armed Forces of the United 

States caused by improper medical care, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘SFC Richard Stayskal 

5 Military Medical Accountability Act of 2019’’. 


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1 SEC. 2. ALLOWING CLAIMS AGAINST THE UNITED STATES 

2 FOR INJURY AND DEATH OF MEMBERS OF 

3 THE ARMED FORCES CAUSED BY IMPROPER 

4 MEDICAL CARE. 

5 (a) IN GENERAL.—Chapter 171 of title 28, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 2681. Claims against the United States for injury 

9 and death of members of the Armed 

10 Forces of the United States 

11 ‘‘(a) A claim may be brought against the United 

12 States under this chapter for damages relating to the per13 sonal injury or death of a member of the Armed Forces 

14 of the United States arising out of a negligent or wrongful 

15 act or omission in the performance of medical, dental, or 

16 related health care functions (including clinical studies 

17 and investigations) that is provided at a covered military 

18 medical treatment facility by a person acting within the 

19 scope of the office or employment of that person by or 

20 at the direction of the Government of the United States. 

21 ‘‘(b) A claim under this section shall not be reduced 

22 by the amount of any benefit received under subchapter 

23 III (relating to Servicemembers’ Group Life Insurance) of 

24 chapter 19 of title 38. 

25 ‘‘(c) Notwithstanding section 2401(b), a claim 

26 brought under this section shall have a 3-year statute of 


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1 limitations beginning on the date the claimant discovered 

2 or by reasonable diligence should have discovered the in3 jury and the cause of the injury. 

4 ‘‘(d) For purposes of claims brought under this sec5 tion— 

6 ‘‘(1) subsections (j) and (k) of section 2680 do 

7 not apply; and 

8 ‘‘(2) in the case of an act or omission occurring 

9 outside the United States, the law of the place where 

10 the act or omission occurred shall be deemed to be 

11 the law of the State of domicile of the claimant. 

12 ‘‘(e) In this section, the term ‘covered military med13 ical treatment facility’ means the facilities described in 

14 subsections (b), (c), and (d) of section 1073d of title 10, 

15 United States Code, regardless of whether the facility is 

16 located in or outside the United States. The term does 

17 not include battalion aid stations or other medical treat18 ment locations deployed in an area of armed conflict. 

19 ‘‘(f) Not later than 2 years after the date of the en20 actment of this section, and every 2 years thereafter, the 

21 Secretary of Defense shall submit to Congress a report 

22 on the number of claims filed under this section.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 for chapter 171 of title 28, United States Code, is amend25 ed by adding at the end the following: 


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‘‘2681. Claims against the United States for injury and death of members of 

the Armed Forces of the United States.’’. 

1 (c) EFFECTIVE DATE.—This Act and the amend2 ments made by this Act shall apply to— 

3 (1) a claim arising on or after the date of the 

4 enactment of this Act; and 

5 (2) a pending claim arising before the date of 

6 the enactment of this Act, with respect to which the 

7 period of limitations shall be deemed to begin on the 

8 date of the enactment of this Act. 

9 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

10 or the amendments made by this Act shall be construed 

11 to limit the application of the administrative process and 

12 procedures of chapter 171 of title 28, United States Code, 

13 to claims permitted under section 2681 of such chapter, 

14 as amended by this section. 

Æ 


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