I 
110TH CONGRESS 
2D SESSION 
H. R. 6093 
To amend chapter 171 of title 28, United States Code, to allow members 
of the Armed Forces to sue the United States for damages for certain 
injuries caused by improper medical care and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2008 
Mr. HINCHEY (for himself, Mr. FILNER, and 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 members of the Armed Forces to sue the United 
States for damages for certain injuries caused by im-
proper 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 ‘‘Carmelo Rodriguez 
Military Medical Accountability Act of 2008’’. 
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SEC. 2. ALLOWANCE OF CLAIMS BY MEMBERS OF THE 
ARMED 
FORCES 
AGAINST 
THE 
UNITED 
STATES FOR CERTAIN INJURIES CAUSED BY 
IMPROPER MEDICAL CARE. 
(a) IN GENERAL.—Chapter 171 of title 28, United 
States Code, is amended by adding at the end thereof the 
following new section: 
‘‘§ 2681. Certain claims by members of the Armed 
Forces of the United States 
‘‘(a) Claims may be brought under this chapter for 
damages against the United States for the personal injury 
or death of a member of the Armed Forces of the United 
States arising out of a negligent or wrongful act or omis-
sion in the performance of medical, dental, or related 
health care functions (including clinical studies and inves-
tigations) that takes place other than in the context of 
combat and is provided by persons acting within the scope 
of their office or employment by or at the direction of the 
Armed Forces of the United States, whether inside or out-
side the United States. 
‘‘(b) The payment of any claim of a member of the 
Armed Forces under this section shall be reduced by the 
present value of other benefits received by the member and 
the member’s estate, survivors, and beneficiaries, under 
title 10, title 37, or title 38, United States Code, that are 
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attributable to the physical injury or death from which the 
claim arose. 
‘‘(c) For purposes of claims brought under this sec-
tion— 
‘‘(1) section 2680(k) does 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 place of domicile of the plaintiff. 
‘‘(d) As used in this section, the term ‘a negligent 
or wrongful act or omission in the performance of medical, 
dental, or related health care functions (including clinical 
studies and investigations)’ has the same meaning given 
that term for the purposes of section 1089(e) of title 10.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 171 of title 28, United States Code, is amend-
ed by adding at the end thereof the following new item: 
‘‘2681. Certain claims by members of the Armed Forces of the United States.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply only with respect to claims arising 
on or after January 1, 1997 and any period of limitation 
that applies to such a claim arising before the date of en-
actment of this Act shall begin to run on the date of that 
enactment. 
Æ 
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