SFC Richard Stayskal Military Medical Accountability Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2451 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 SENATE OF THE UNITED STATES SEPTEMBER 10, 2019 Mr. KENNEDY (for himself and Ms. HIRONO) introduced the following bill; which was read twice and 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 caused by im- proper medical care, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘SFC Richard Stayskal 4 Military Medical Accountability Act of 2019’’. 5 VerDate Sep 11 2014 00:10 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2451.IS S2451 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2451 IS SEC. 2. ALLOWING CLAIMS AGAINST THE UNITED STATES 1 FOR INJURY AND DEATH OF MEMBERS OF 2 THE ARMED FORCES CAUSED BY IMPROPER 3 MEDICAL CARE. 4 (a) IN GENERAL.—Chapter 171 of title 28, United 5 States Code, is amended by adding at the end the fol- 6 lowing: 7 ‘‘§ 2681. Claims against the United States for injury 8 and death of members of the Armed 9 Forces 10 ‘‘(a) In this section— 11 ‘‘(1) the term ‘Armed Forces’ has the meaning 12 given the term in section 101 of title 38; and 13 ‘‘(2) the term ‘covered military medical treat- 14 ment facility’— 15 ‘‘(A) means the facilities described in sub- 16 sections (b), (c), and (d) of section 1073d of 17 title 10, regardless of whether the facility is lo- 18 cated in or outside the United States; and 19 ‘‘(B) does not include battalion aid sta- 20 tions or other medical treatment locations de- 21 ployed in an area of armed conflict. 22 ‘‘(b) A claim may be brought against the United 23 States under this chapter for damages for personal injury 24 or death of a member of the Armed Forces arising out 25 of a negligent or wrongful act or omission in the perform- 26 VerDate Sep 11 2014 00:10 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2451.IS S2451 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2451 IS ance of medical, dental, or related health care functions 1 (including clinical studies and investigations) that is pro- 2 vided at a covered military medical treatment facility by 3 a person acting within the scope of the office or employ- 4 ment of that person by or at the direction of the Govern- 5 ment of the United States and shall be exclusive of any 6 other civil action or proceeding by reason of the same sub- 7 ject matter against such person (or the estate of such per- 8 son) whose act or omission gave rise to the action or pro- 9 ceeding. 10 ‘‘(c) A claim under this section shall not be reduced 11 by the amount of any benefit received under subchapter 12 III (relating to Servicemembers’ Group Life Insurance) of 13 chapter 19 of title 38. 14 ‘‘(d) Notwithstanding section 2401(b)— 15 ‘‘(1) except as provided in paragraph (2), a 16 claim arising under this section may not be com- 17 menced later than 3 years after the date on which 18 the claimant discovered, or by reasonable diligence 19 should have discovered, the injury and the cause of 20 the injury; and 21 ‘‘(2) with respect to a claim pending before the 22 date of enactment of this section, the limitations pe- 23 riod described in paragraph (1) shall begin on the 24 date of enactment of this section. 25 VerDate Sep 11 2014 00:10 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2451.IS S2451 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2451 IS ‘‘(e) For purposes of claims brought under this sec- 1 tion— 2 ‘‘(1) subsections (j) and (k) of section 2680 3 shall not apply; and 4 ‘‘(2) in the case of an act or omission occurring 5 outside the United States, the law of the place where 6 the act or omission occurred shall be deemed to be 7 the law of the State of domicile of the claimant. 8 ‘‘(f) Not later than 2 years after the date of the en- 9 actment of this section, and every 2 years thereafter, the 10 Secretary of Defense shall submit to Congress a report 11 on the number of claims filed under this section.’’. 12 (b) CLERICAL AMENDMENT.—The table of sections 13 for chapter 171 of title 28, United States Code, is amend- 14 ed by adding at the end the following: 15 ‘‘2681. Claims against the United States for injury and death of members of the Armed Forces.’’. (c) EFFECTIVE DATE.—This Act and the amend- 16 ments made by this Act shall apply to— 17 (1) a claim arising on or after the date of the 18 enactment of this Act; and 19 (2) a pending claim arising before the date of 20 the enactment of this Act. 21 (d) RULE OF CONSTRUCTION.—Nothing in this Act 22 or the amendments made by this Act shall be construed 23 to limit the application of the administrative process and 24 VerDate Sep 11 2014 00:10 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2451.IS S2451 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2451 IS procedures of chapter 171 of title 28, United States Code, 1 to claims permitted under section 2681, as added by this 2 section. 3 Æ VerDate Sep 11 2014 00:10 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S2451.IS S2451 pamtmann on DSKBC07HB2PROD with BILLS