I

103D CONGRESS

1ST SESSION H. R. 1730

To amend chapter 171 of title 28, United States Code, to allow claims

against the United States under that chapter for damages arising from

certain negligent medical care provided members of the Armed Forces.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1993

Mr. FRANK of Massachusetts 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 claims against the United States under that

chapter for damages arising from certain negligent medical care provided members of the Armed Forces.

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

3 SECTION 1. CLAIMS FOR NEGLIGENT MEDICAL CARE.

4 (a) COGNIZABLE CLAIMS.—Chapter 171 of title 28,

5 United States Code, is amended by adding at the end the

6 following new section:
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1 ‘‘§ 2681. Certain claims arising out of medical care

2 provided members of the Armed Forces

3 ‘‘(a) CLAIMS AUTHORIZED.—Subject to the provi4 sions of this chapter, claims may be brought under this

5 chapter for damages against the United States for per6 sonal injury or death of a member of the Armed Forces

7 serving on active duty (as defined in section 101(d)(1) of

8 title 10) or on full-time National Guard duty (as defined

9 in section 101(d)(5) of title 10), under the conditions pre10 scribed in this section.

11 ‘‘(b) LIMITATION TO MEDICAL CARE IN FIXED FA12 CILITIES.—The personal injury or death referred to in

13 subsection (a) must have arisen out of noncombatant med14 ical or dental care furnished the member of the Armed

15 Forces in a medical facility operated by the Secretary of

16 the military department or any other medical facility oper17 ated by the United States.

18 ‘‘(c) OFFSET OF OTHER GOVERNMENT BENEFITS BY

19 AMOUNT OF AWARDS OR JUDGMENTS.—If an award or

20 judgment on a claim under this section for personal injury

21 or death of a member of the Armed Forces is paid, then

22 no monetary benefits under title 10, title 37, or chapter

23 11 or 13 of title 38 that are attributable to the personal

24 injury or death from which the claim arose shall be paid

25 to the member or the member’s estate, survivors, or bene26 ficiaries, for any month beginning after the date on which
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1 the award or judgment becomes final, until the aggregate

2 amount of benefits that would be paid but for this sen3 tence equals that amount of the award or judgment which

4 the agency making the award, or the court entering the

5 judgment, as the case may be, determines is equal to com6 pensatory damages, less any amount of the award or judg7 ment paid for attorneys’ fees or costs incurred in connec8 tion with the claim.

9 ‘‘(d) DEFINITIONS.—For purposes of this section—

10 ‘‘(1) the term ‘medical facility’ means a medical

11 center, hospital, or clinic that is located in a building

12 or structure; and

13 ‘‘(2) the term ‘personal injury’ does not include

14 mental or emotional disability unless it is the direct

15 result of a physical injury.’’.

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

17 for chapter 171 of title 28, United States Code, is amend18 ed by adding at the end the following new item:

‘‘2681. Certain claims arising out of medical care provided members of the

Armed Forces.’’.

19 SEC. 2. EFFECTIVE DATE.

20 Section 2681 of title 28, United States Code, as

21 added by section 1 of this Act, shall apply only with re22 spect to personal injuries or deaths occurring on or after

23 the date of the enactment of this Act.

Æ