II 

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. 

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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•S 2451 IS

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 

11 ‘‘(a) In this section— 

12 ‘‘(1) the term ‘Armed Forces’ has the meaning 

13 given the term in section 101 of title 38; and 

14 ‘‘(2) the term ‘covered military medical treat15 ment facility’— 

16 ‘‘(A) means the facilities described in sub17 sections (b), (c), and (d) of section 1073d of 

18 title 10, regardless of whether the facility is lo19 cated in or outside the United States; and 

20 ‘‘(B) does not include battalion aid sta21 tions or other medical treatment locations de22 ployed in an area of armed conflict. 

23 ‘‘(b) A claim may be brought against the United 

24 States under this chapter for damages for personal injury 

25 or death of a member of the Armed Forces arising out 

26 of a negligent or wrongful act or omission in the performVerDate Sep 11 2014 00:10 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2451.IS S2451

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•S 2451 IS

1 ance of medical, dental, or related health care functions 

2 (including clinical studies and investigations) that is pro3 vided at a covered military medical treatment facility by 

4 a person acting within the scope of the office or employ5 ment of that person by or at the direction of the Govern6 ment of the United States and shall be exclusive of any 

7 other civil action or proceeding by reason of the same sub8 ject matter against such person (or the estate of such per9 son) whose act or omission gave rise to the action or pro10 ceeding. 

11 ‘‘(c) A claim under this section shall not be reduced 

12 by the amount of any benefit received under subchapter 

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

14 chapter 19 of title 38. 

15 ‘‘(d) Notwithstanding section 2401(b)— 

16 ‘‘(1) except as provided in paragraph (2), a 

17 claim arising under this section may not be com18 menced later than 3 years after the date on which 

19 the claimant discovered, or by reasonable diligence 

20 should have discovered, the injury and the cause of 

21 the injury; and 

22 ‘‘(2) with respect to a claim pending before the 

23 date of enactment of this section, the limitations pe24 riod described in paragraph (1) shall begin on the 

25 date of enactment of this section. 


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1 ‘‘(e) For purposes of claims brought under this sec2 tion— 

3 ‘‘(1) subsections (j) and (k) of section 2680 

4 shall not apply; and 

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

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

7 the act or omission occurred shall be deemed to be 

8 the law of the State of domicile of the claimant. 

9 ‘‘(f) Not later than 2 years after the date of the en10 actment of this section, and every 2 years thereafter, the 

11 Secretary of Defense shall submit to Congress a report 

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

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

14 for chapter 171 of title 28, United States Code, is amend15 ed by adding at the end the following: 

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

the Armed Forces.’’. 

16 (c) EFFECTIVE DATE.—This Act and the amend17 ments made by this Act shall apply to— 

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

19 enactment of this Act; and 

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

21 the enactment of this Act. 

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

23 or the amendments made by this Act shall be construed 

24 to limit the application of the administrative process and 


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•S 2451 IS

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

2 to claims permitted under section 2681, as added by this 

3 section. 

Æ 


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