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. 
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 ‘‘SFC Richard Stayskal 
Military Medical Accountability Act of 2019’’. 
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SEC. 2. 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 fol-
lowing: 
‘‘§ 2681. Claims against the United States for injury 
and death of members of the Armed 
Forces of the United States 
‘‘(a) A claim may be brought against the United 
States under this chapter for damages relating to the per-
sonal injury or death of a member of the Armed Forces 
of the United States 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. 
‘‘(b) 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. 
‘‘(c) Notwithstanding section 2401(b), a claim 
brought under this section shall have a 3-year statute of 
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limitations beginning on the date the claimant discovered 
or by reasonable diligence should have discovered the in-
jury and the cause of the injury. 
‘‘(d) For purposes of claims brought under this sec-
tion— 
‘‘(1) subsections (j) and (k) of section 2680 do 
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. 
‘‘(e) In this section, the term ‘covered military med-
ical treatment facility’ means the facilities described in 
subsections (b), (c), and (d) of section 1073d of title 10, 
United States Code, regardless of whether the facility is 
located in or outside the United States. The term does 
not include battalion aid stations or other medical treat-
ment locations deployed in an area of armed conflict. 
‘‘(f) Not later than 2 years after the date of the en-
actment 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 amend-
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.’’. 
(c) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall apply to— 
(1) a claim arising on or after the date of the 
enactment of this Act; and 
(2) a pending claim arising before the date of 
the enactment of this Act, with respect to which the 
period of limitations shall be deemed to begin on the 
date of the enactment of this Act. 
(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 of such chapter, 
as amended by this section. 
Æ 
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