I 
118TH CONGRESS 
1ST SESSION H. R. 4334 
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, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2023 
Mr. ISSA (for himself, Mr. HUDSON, Mr. PANETTA, and Mr. WALTZ) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
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, 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 ‘‘Healthcare Equality 
and Rights for Our Heroes Act’’ or the ‘‘HERO Act’’. 
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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 
‘‘(a) In this section— 
‘‘(1) the term ‘Armed Forces’ has the meaning 
given the term in section 101 of title 38; and 
‘‘(2) the term ‘covered military medical treat-
ment facility’— 
‘‘(A) means the facilities described in sub-
sections (b), (c), and (d) of section 1073d of 
title 10, regardless of whether the facility is lo-
cated in or outside the United States; and 
‘‘(B) does not include battalion aid sta-
tions or other medical treatment locations de-
ployed in an area of armed conflict. 
‘‘(b) A claim may be brought against the United 
States under this chapter for damages for personal injury 
or death of a member of the Armed Forces arising out 
of a negligent or wrongful act or omission in the perform-
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ance of medical, dental, or related health care functions 
(including clinical studies and investigations) that is pro-
vided at a covered military medical treatment facility by 
a person acting within the scope of the office or employ-
ment of that person by or at the direction of the Govern-
ment of the United States and shall be exclusive of any 
other civil action or proceeding by reason of the same sub-
ject matter against such person (or the estate of such per-
son) whose act or omission gave rise to the action or pro-
ceeding. 
‘‘(c) 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. 
‘‘(d) Notwithstanding section 2401(b)— 
‘‘(1) except as provided in paragraph (2), a 
claim arising under this section may not be com-
menced later than 8 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 a claim pending before the 
date of enactment of this section, the limitations pe-
riod described in paragraph (1) shall begin on the 
date of enactment of this section. 
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‘‘(e) 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 
the act or omission occurred shall be deemed to be 
the law of the State of domicile of the claimant. 
‘‘(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: 
‘‘2681. Claims against the United States for injury and death of members of 
the Armed Forces.’’. 
(c) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall apply to— 
(1) a claim arising on or after January 1, 2017; 
and 
(2) a pending claim arising before January 1, 
2017. 
(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 
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procedures of chapter 171 of title 28, United States Code, 
to claims permitted under section 2681, as added by this 
section. 
Æ 
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