This bill would allow servicemembers and veterans to bring civil claims against the federal government when negligence contributed to sexual assault or harassment during their service.
John Kennedy promises to support legislation allowing servicemembers and veterans to bring civil claims against the federal government when negligence contributes to military sexual assault or harassment.
Occurrences
Evidence
Congress.gov lists Sen. John Kennedy [R-LA] as sponsor of S.2451, introduced September 10, 2019. CRS summary says the bill allowed claims against the United States for damages for personal injury or death of an Armed Forces member arising from negligent or wrongful medical, dental, or related health care at a military medical treatment facility.
Section 731 authorizes claims by members of the uniformed services against the United States for personal injury or death caused by medical malpractice. It allows the Secretary of Defense to settle and pay a claim against the United States for injury or death incident to service caused by medical malpractice of a DoD health care provider.
The FY2022 NDAA includes Military Justice Reform provisions, including special trial counsel, inclusion of sexual harassment as a general punitive article, independent investigation of sexual harassment complaints, and tracking retaliation allegations by victims of sexual assault or sexual harassment.
The Supreme Court denied review in a Federal Tort Claims Act case brought by a former West Point cadet alleging rape and institutional failure; Justice Thomas's dissent described the lower-court holding that Feres barred the suit and criticized the Court's refusal to reconsider the doctrine.
Congress.gov identifies John Kennedy as Republican senator for Louisiana in the 115th through 119th Congresses, serving from 2017 to present, and lists his sponsored and cosponsored legislative activity across those Congresses.
Assessments
Kennedy materially advanced related Feres-doctrine negligence relief by sponsoring S.2451, and Congress enacted a narrower military medical-malpractice claims process in the FY2020 NDAA during his Senate service. Congress also enacted military sexual assault and harassment justice reforms in the FY2022 NDAA during the same term. But the promised outcome was specifically civil claims against the federal government for negligence contributing to military sexual assault or harassment, and the evidence shows that remedy was not enacted; Feres continued to bar such claims. Because Kennedy made a serious related legislative effort but delivered only adjacent, narrower reforms, this merits partial credit rather than full delivery.