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Statement of Administration Policy: H.R. 3174 - Military Medical Malpractice Claims

September 19, 1985

STATEMENT OF ADMINISTRATION POLICY

(House)
(Frank (D) Massachusetts and 85 others)

The Administration strongly opposes H.R. 3174 because it would legislatively overrule the Supreme Court's long-standing Feres decision which holds that "the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service." There already exists a separate, uniform, comprehensive, and no fault compensation scheme for military personnel. H.R. 3174 is also objectionable because it would

(1)   involve the courts in the review of military command decisions, thereby weakening military discipline and disrupting the unique relationship between servicemen and the military, and

(2)   result in inequities by permitting service-incident claims to be determined by nonuniform local laws.

Ronald Reagan, Statement of Administration Policy: H.R. 3174 - Military Medical Malpractice Claims Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/327035