,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #fgcj  ,,in ,,the ,,house ,,of  
,,representatives  ,december #af1       
#bjbe,mr4 ,issa 7for himself1 ,mr4      
,hudson1 and ,mr4 ,panetta7 introduced  
the following bill2 which was referred  
to the ,committee on the ,judiciary1 and
 in addition to the ,committee on ,armed
 ,services1 for a period to be          
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to amend chapter #aga of    
title #bh1 ,united ,states ,code1 to    
allow suit against the ,united ,states  
for injuries and deaths of members of   
the ,armed ,forces caused by improper   
medical care4  #a4 ,short title ,this   
,act may be cited as the ,healthcare    
,equality and ,rights for ,our ,heroes  
,act or the ,,hero ,act4  #b4 ,claims   
against ,united ,states for injury and  
death of members of the uniform services
 caused by improper medical care  7a7   

,repeal ,section #bgcc;a of title #aj1  
,united ,states ,code1 is repealed4  7b7
 ,in general ,chapter #aga of title #bh1
 ,united ,states ,code1 is amended by   
adding at the end the following3  #bfha4
 ,claims against ,united ,states for    
injury and death of members of the      
uniformed services  7a7 ,notwithstanding
 any other provision of law1 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 medical1 dental1 or 
related health care functions 7including
 clinical studies and investigations7   
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 7or the estate of 
such employee7 whose act or omission    
gave rise to the action or proceeding4  
7b7 ,a claim under this section may not 
be reduced-- 7#a7 by the amount of any  
benefit received pursuant to laws       
administered by the ,secretary of       
,veterans ,affairs2 or  7#b7 by the     
amount of any benefit received under    
subchapter ,,iii 7relating to           
,servicemembers' ,group ,life           
,insurance7 of chapter #ai of title #ch4
  7c7 ,notwithstanding section          
#bdja7;b7-- 7#a7 except as provided in  
paragraph 7#b71 a claim arising under   
this section may not be commenced later 
than #aj years after the date on which  
the claimant discovered1 or by          
reasonable diligence should have        
discovered1 the injury and the cause of 
the injury2 and  7#b7 with respect to an
 administrative claim pending pursuant  
to section #bgcc;a of title #aj as of   
the enactment of this subsection1 the   
limitations period described in         

paragraph 7#a7 shall begin on the date  
of enactment of this subsection4  7d7   
,for purposes of claims brought under   
this section-- 7#a7 subsections 7j7 and 
7k7 of section #bfhj shall not apply2   
and  7#b7 in the case of an act or      
omission occurring outside the ,united  
,states1 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 claimant4  7e7 ,not later than  
#b years after the date of the enactment
 of this section1 and every #b years    
thereafter1 the ,attorney ,general shall
 submit to ,congress a report on the    
number of claims filed under this       
section4  7f7 ,in this section-- 7#a7   
the term active service has the meaning 
given such term in section #aja of title
 #aj2  7#b7 the term ,armed ,forces has 
the meaning given the term in section   
#aja of title #aj2  7#c7 the term       
covered military medical treatment      
facility-- 7,a7 means a facility        
maintained under section #ajgc;d of     

title #aj2 and  7,b7 does not include   
battalion aid stations or other military
 medical treatment facilities in an area
 of armed conflict or combatant         
activities4  7#d7 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  
service2  7#e7 the term reserve         
components means the reserve components 
specified in section #ajaja of title    
#aj2 and  7#f7 the term uniformed       
services shall have the meaning given   
such term in section #aja of title #aj4 
4  7c7 ,clerical amendment ,the table of
 sections for chapter #aga of title #bh1
 ,united ,states ,code1 is amended by   
adding at the end the following3  #bfha4
 ,claims against ,united ,states for    
injury and death of members of the      
,armed ,forces4  4