`(a) Claims may be brought under this chapter for damages against the United States for the personal injury or death of a member of the Armed Forces of the United States 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 takes place other than in the context of combat and is provided by persons acting within the scope of their office or employment by or at the direction of the Armed Forces of the United States, whether inside or outside the United States.
`(b) The payment of any claim of a member of the Armed Forces under this section shall be reduced by the present value of other benefits received by the member and the member's estate, survivors, and beneficiaries, under title 10, title 37, or title 38, United States Code, that are attributable to the physical injury or death from which the claim arose.
`(c) For purposes of claims brought under this section--
`(1) section 2680(k) does 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 place of domicile of the plaintiff.
`(d) As used in this section, the term `a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations)' has the same meaning given that term for the purposes of section 1089(e) of title 10.'.
(b) Clerical Amendment- The table of sections for chapter 171 of title 28, United States Code, is amended by adding at the end thereof the following new item:
(c) Effective Date- The amendments made by this section shall apply only with respect to claims arising on or after January 1, 1997 and any period of limitation that applies to such a claim arising before the date of enactment of this Act shall begin to run on the date of that enactment.
U.S. Congress - Text of H.R.6093 as Introduced in House Carmelo Rodriguez Military Medical Accountability Act of 2008
