I 
119TH CONGRESS 
1ST SESSION H. R. 2640 
To amend title 38, United States Code, to ensure that certain health care 
contractors of the Department of Veterans Affairs are subject to Federal 
tort claims laws, to improve the accountability of physicians of the 
Department, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2025 
Mr. LUTTRELL introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to ensure that cer-
tain health care contractors of the Department of Vet-
erans Affairs are subject to Federal tort claims laws, 
to improve the accountability of physicians of the Depart-
ment, 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 ‘‘Brian Tally VA Em-
ployment Transparency Act of 2025’’. 
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SEC. 2. ACCOUNTABILITY OF HEALTH CARE PROVIDERS AT 
FACILITIES OF THE DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) TREATMENT OF CONTRACTORS UNDER FEDERAL 
TORT CLAIMS LAWS.—Section 7316 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(g)(1)(A) This section shall not apply with respect 
to civil actions or other proceedings brought by an indi-
vidual, or the estate of an individual, for damages for per-
sonal injury, including death, allegedly arising from the 
malpractice or negligence of a non-Department provider 
in the course of providing hospital care, medical services, 
or nursing home care at a facility of the Department, if 
the Secretary provides to the individual, or the estate of 
the individual, by not later than 45 days after the Sec-
retary receives notice of the civil action or other pro-
ceeding, the information referred to in subparagraph (B). 
‘‘(B) The information referred to in this subpara-
graph is the following: 
‘‘(i) A description of the extent of the involve-
ment of the non-Department provider in the hospital 
care, medical services, or nursing home care fur-
nished to the individual. 
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‘‘(ii) The nature of such care or services fur-
nished to the individual by the non-Department pro-
vider. 
‘‘(iii) The full name of the non-Department pro-
vider. 
‘‘(iv) The fact that the notification is made pur-
suant to this paragraph. 
‘‘(C) A civil action or other proceeding arising from 
an incident of alleged malpractice or negligence of a non- 
Department provider may not be brought in both a State 
court and in a Federal court. 
‘‘(2)(A) If five or more separate covered cases 
brought during a five-year period include allegations of 
malpractice or negligence on the part of any individual 
non-Department provider, the Secretary— 
‘‘(i) shall revoke the provider’s authorization to 
provide hospital care, medical services, or nursing 
home care at a facility of the Department; and 
‘‘(ii) may not enter into any contract or agree-
ment that authorizes the provider to provide such 
care or services at a facility of the Department. 
‘‘(B) The Secretary shall establish a process by which 
a non-Department provider may appeal an action under 
subparagraph (A). 
‘‘(3) In this subsection: 
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‘‘(A) The term ‘covered case’ means any of the 
following: 
‘‘(i) A civil action or proceeding pursuant 
to this section that resulted in a judgment 
against the United States, or such an action or 
proceeding that the United States compromises 
or settles. 
‘‘(ii) A civil action or proceeding pursuant 
to State law for personal injury, including 
death, allegedly arising from malpractice or 
negligence that resulted in a judgment against 
a non-Department provider, or such an action 
or proceeding that the non-Department provider 
compromises or settles. 
‘‘(B) The term ‘non-Department provider’— 
‘‘(i) means a health care provider who is 
not an employee of the Federal Government but 
who is authorized by the Secretary to provide 
health care or treatment at a facility of the De-
partment pursuant to a contract or other agree-
ment; and 
‘‘(ii) does not include a provider through 
which the Secretary furnishes care or services 
under section 1703 of this title.’’. 
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(b) NOTIFICATIONS
AND OUTREACH REGARDING 
FEDERAL TORT CLAIMS.—Such section, as amended by 
subsection (a), is further amended by adding at the end 
the following new subsections: 
‘‘(h) Not later than 30 days following the date on 
which a judgment is entered against the United States in 
a civil action or proceeding pursuant to this section that 
includes a conclusion that a non-Department employee 
committed negligence or malpractice, the Secretary shall 
notify the following entities with respect to such judgment: 
‘‘(1) The appropriate licensing entity of each 
State in which such non-Department employee is li-
censed as a health care professional. 
‘‘(2) The National Practitioner Data Bank es-
tablished pursuant to the Health Care Quality Im-
provement Act of 1986 (42 U.S.C. 11101 et seq.). 
‘‘(i) The Secretary shall publish in a clear and con-
spicuous manner on the internet website of the Depart-
ment an explanation of the rights of an individual under 
this section, including— 
‘‘(1) an explanation of the procedure to file an 
administrative claim pursuant to section 515 of this 
title or section 2675 of title 28; 
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‘‘(2) the circumstances under which an indi-
vidual may file a civil action or proceeding pursuant 
to this section; and 
‘‘(3) time limits that can bar recovery under 
this section.’’. 
(c) ACCOUNTABILITY OF PHYSICIANS OF THE DE-
PARTMENT.—Section 7461 of such title is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘(1)’’ before ‘‘Whenever’’; 
and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) The Under Secretary shall bring charges under 
paragraph (1) based on professional conduct or com-
petence against a section 7401(1) employee who is accused 
of committing negligence or malpractice in three or more 
separate civil actions or proceedings pursuant to section 
7316 of this title within a five-year period if such actions 
or proceedings— 
‘‘(A) resulted in a judgment against the United 
States; or 
‘‘(B) were compromised or settled by the 
United States.’’; and 
(2) in subsection (c)(3), by adding at the end 
the following new subparagraph: 
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‘‘(C) The provision of care subject to a 
civil action or proceeding pursuant to section 
7316 of this title that— 
‘‘(i) resulted in a judgment against 
the United States; or 
‘‘(ii) is compromised or settled by the 
United States.’’. 
(d) APPLICABILITY.—The amendments made by this 
section shall take effect with respect to actions or omis-
sions covered under section 7316 of title 38, United States 
Code, occurring on or after the date of the enactment of 
this Act. 
Æ 
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