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 medi-
cal care provided members of the Armed Forces.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CLAIMS FOR NEGLIGENT MEDICAL CARE.
(a) COGNIZABLE CLAIMS.—Chapter 171 of title 28,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2681. Certain claims arising out of medical care
provided members of the Armed Forces
‘‘(a) CLAIMS AUTHORIZED.—Subject to the provi-
sions of this chapter, claims may be brought under this
chapter for damages against the United States for per-
sonal injury or death of a member of the Armed Forces
serving on active duty (as defined in section 101(d)(1) of
title 10) or on full-time National Guard duty (as defined
in section 101(d)(5) of title 10), under the conditions pre-
scribed in this section.
‘‘(b) LIMITATION TO MEDICAL CARE IN FIXED FA-
CILITIES.—The personal injury or death referred to in
subsection (a) must have arisen out of noncombatant med-
ical or dental care furnished the member of the Armed
Forces in a medical facility operated by the Secretary of
the military department or any other medical facility oper-
ated by the United States.
‘‘(c) OFFSET OF OTHER GOVERNMENT BENEFITS BY
AMOUNT OF AWARDS OR JUDGMENTS.—If an award or
judgment on a claim under this section for personal injury
or death of a member of the Armed Forces is paid, then
no monetary benefits under title 10, title 37, or chapter
11 or 13 of title 38 that are attributable to the personal
injury or death from which the claim arose shall be paid
to the member or the member’s estate, survivors, or bene-
ficiaries, for any month beginning after the date on which
the award or judgment becomes final, until the aggregate
amount of benefits that would be paid but for this sen-
tence equals that amount of the award or judgment which
the agency making the award, or the court entering the
judgment, as the case may be, determines is equal to com-
pensatory damages, less any amount of the award or judg-
ment paid for attorneys’ fees or costs incurred in connec-
tion with the claim.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘medical facility’ means a medical
center, hospital, or clinic that is located in a building
or structure; and
‘‘(2) the term ‘personal injury’ does not include
mental or emotional disability unless it is the direct
result of a physical injury.’’.
(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 new item:
‘‘2681. Certain claims arising out of medical care provided members of the
Armed Forces.’’.
SEC. 2. EFFECTIVE DATE.
Section 2681 of title 28, United States Code, as
added by section 1 of this Act, shall apply only with re-
spect to personal injuries or deaths occurring on or after
the date of the enactment of this Act.
Æ