[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6730 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 6730
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.
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IN THE HOUSE OF REPRESENTATIVES
December 16, 2025
Mr. Issa (for himself, Mr. Hudson, and Mr. Panetta) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
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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 improper medical care.
Be it enacted by the Senate and House of Representatives 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''.
SEC. 2. CLAIMS AGAINST UNITED STATES FOR INJURY AND DEATH OF MEMBERS OF
THE UNIFORM SERVICES CAUSED BY IMPROPER MEDICAL CARE.
(a) Repeal.--Section 2733a of title 10, United States Code, is
repealed.
(b) In General.--Chapter 171 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2681. Claims against United States for injury and death of
members of the uniformed services
``(a) Notwithstanding any other provision of law, a claim may be
brought against the United States under this chapter for damages for
personal injury or death of a member of the uniformed services arising
out of a negligent or wrongful act or omission in the performance of
medical, dental, or related health care functions (including clinical
studies and investigations) that is provided at a covered military
medical treatment facility by an employee acting within the scope of
their office or employment or by or at the direction of the Government
of the United States and shall be exclusive of any other civil action
or proceeding by reason of the same subject matter against such
employee (or the estate of such employee) whose act or omission gave
rise to the action or proceeding.
``(b) A claim under this section may not be reduced--
``(1) by the amount of any benefit received pursuant to
laws administered by the Secretary of Veterans Affairs; or
``(2) by the amount of any benefit received under
subchapter III (relating to Servicemembers' Group Life
Insurance) of chapter 19 of title 38.
``(c) Notwithstanding section 2401(b)--
``(1) except as provided in paragraph (2), a claim arising
under this section may not be commenced later than 10 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 an administrative claim pending
pursuant to section 2733a of title 10 as of the enactment of
this subsection, the limitations period described in paragraph
(1) shall begin on the date of enactment of this subsection.
``(d) For purposes of claims brought under this section--
``(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.
``(e) Not later than 2 years after the date of the enactment of
this section, and every 2 years thereafter, the Attorney General shall
submit to Congress a report on the number of claims filed under this
section.
``(f) In this section--
``(1) the term `active service' has the meaning given such
term in section 101 of title 10;
``(2) the term `Armed Forces' has the meaning given the
term in section 101 of title 10;
``(3) the term `covered military medical treatment
facility'--
``(A) means a facility maintained under section
1073d of title 10; and
``(B) does not include battalion aid stations or
other military medical treatment facilities in an area
of armed conflict or combatant activities.
``(4) the term `member of the uniformed services' includes
a member of a reserve component of the Armed Forces if the
claim by the member under this section is in connection with
personal injury or death that occurred while the member was
performing active service;
``(5) the term `reserve components' means the reserve
components specified in section 10101 of title 10; and
``(6) the term `uniformed services' shall have the meaning
given such term in section 101 of title 10.''.
(c) Clerical Amendment.--The table of sections for chapter 171 of
title 28, United States Code, is amended by adding at the end the
following:
``2681. Claims against United States for injury and death of members of
the Armed Forces.''.
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