I 
119TH CONGRESS 
1ST SESSION H. R. 6730 
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. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2025 
Mr. ISSA (for himself, Mr. HUDSON, and Mr. PANETTA) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Armed Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
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 im-
proper medical care. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Healthcare Equality 
and Rights for Our Heroes Act’’ or the ‘‘HERO Act’’. 
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SEC. 2. CLAIMS AGAINST UNITED STATES FOR INJURY AND 
DEATH OF MEMBERS OF THE UNIFORM SERV-
ICES CAUSED BY IMPROPER MEDICAL CARE. 
(a) REPEAL.—Section 2733a of title 10, United 
States Code, is repealed. 
(b) IN GENERAL.—Chapter 171 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2681. Claims against United States for injury and 
death of members of the uniformed serv-
ices 
‘‘(a) Notwithstanding any other provision of law, a 
claim may be brought against the United States under this 
chapter for damages for personal injury or death of a 
member of the uniformed services arising out of a neg-
ligent 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 an employee 
acting within the scope of their office or employment or 
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 employee (or the estate of such employee) whose act 
or omission gave rise to the action or proceeding. 
‘‘(b) A claim under this section may not be reduced— 
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‘‘(1) by the amount of any benefit received pur-
suant to laws administered by the Secretary of Vet-
erans Affairs; or 
‘‘(2) by the amount of any benefit received 
under subchapter III (relating to Servicemembers’ 
Group Life Insurance) of chapter 19 of title 38. 
‘‘(c) Notwithstanding section 2401(b)— 
‘‘(1) except as provided in paragraph (2), a 
claim arising under this section may not be com-
menced later than 10 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 an administrative claim 
pending pursuant to section 2733a of title 10 as of 
the enactment of this subsection, the limitations pe-
riod described in paragraph (1) shall begin on the 
date of enactment of this subsection. 
‘‘(d) For purposes of claims brought under this sec-
tion— 
‘‘(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 
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the act or omission occurred shall be deemed to be 
the law of the State of domicile of the claimant. 
‘‘(e) Not later than 2 years after the date of the en-
actment of this section, and every 2 years thereafter, the 
Attorney General shall submit to Congress a report on the 
number of claims filed under this section. 
‘‘(f) In this section— 
‘‘(1) the term ‘active service’ has the meaning 
given such term in section 101 of title 10; 
‘‘(2) the term ‘Armed Forces’ has the meaning 
given the term in section 101 of title 10; 
‘‘(3) the term ‘covered military medical treat-
ment facility’— 
‘‘(A) means a facility maintained under 
section 1073d of title 10; and 
‘‘(B) does not include battalion aid sta-
tions or other military medical treatment facili-
ties in an area of armed conflict or combatant 
activities. 
‘‘(4) the term ‘member of the uniformed serv-
ices’ includes a member of a reserve component of 
the Armed Forces if the claim by the member under 
this section is in connection with personal injury or 
death that occurred while the member was per-
forming active service; 
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‘‘(5) the term ‘reserve components’ means the 
reserve components specified in section 10101 of 
title 10; and 
‘‘(6) the term ‘uniformed services’ shall have 
the meaning given such term in section 101 of title 
10.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for chapter 171 of title 28, United States Code, is amend-
ed by adding at the end the following: 
‘‘2681. Claims against United States for injury and death of members of the 
Armed Forces.’’. 
Æ 
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