MILITARY MEDICAL TORT CLAIMS (H.R. 1161)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000600970020-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: June 27, 2011
• Sequence Number: 20
• Publication Date: March 12, 1985
• Content Type: MEMO

Sanitized Copy Approved for Release 2011/06/27: CIA-RDP87B00858R000600970020-2
OLL 85-0818
12 March 1985
MEMORANDUM FOR: Chief, Administrative Law Division/OGC
Deputy Director for Administration
Deputy Chief, Office of Legislation/OLL
SUBJECT: Military Medical Tort Claims ( H.R. 1161 )
1. Attached herewith for your information is a copy of
H.R. 1161; introduced by Congressman Frank and referred to the
Judiciary Committee. This proposed legislation would amend the
Federal Tort Claims Act so that members of the Armed Forces can
sue the government for medical and dental malpractice.
2. In essence the bill would reverse in part: the so-called
Feres Doctrine ( Feres v. U.S., 340 U.S. 135 ) which barred
suits by one member of the military against another member or
against the government for any act incident to military
service. Three reasons for barring suits among the military
are: 1) the adversarial process of litigation is disruptive of
military unity, 2) there is a reasonable alternative
compensation system for injured military personnel, and 3)
military activity is inherently dangerous and opening the
government to medical malpractice suits would be too costly in
terms of time and money; physicians and medical support
personnel would be tied up in litigation rather than focusing
on military preparedness.
3. Congressman Frank is on the subcommittee of House
Judiciary that has jurisdiction over the Federal Tort Claims
Act. In addition, several influential Congressmen have
cosponsored the bill.
_t tj I'
STAT
STAT
Distribution:
Attachment: Orig - C/ALD/OGC
d 1 - DDA
t
A
t
a
e
s s
1 - DDA Reg (w/o att)
1 - D/OLL (w/o att)
1 - DD/OLL (w/o att)
1 - OLL Chron (w/o att)
~- LEG Subject (w/att)
1 - JBM Signer (w/att)
T cr / rT.T. /.TRM /bas : 12Mar 8 5
Sanitized Copy Approved for Release 2011/06/27: CIA-RDP87B00858R000600970020-2
 Sanitized Copy Approved for Release 2011/06/27: CIA-RDP87B00858R000600970020-2
99TH CONGRESS
1ST SESSION He R
.1161
To amend chapter 171 of title 28, United States Code, to allow members of the
Armed Forces to sue the United States for damages for certain injuries
caused by improper medical care.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 20, 1985
Mr. FRANK (for himself, Mr. BERMAN, Mr. COYNE, Mr. GEJDENSON, Mr.
JACOBS, Mr. LELAND, Mr. LUNDINE, Mr. MOAKLEY, Mr. MARKEY, Mr.
MITCHELL, Mr. OWENS, Mrs. SCHROEDER, Mr. UDALL, and Mr. DONNEL-
LY) introduced the following bill; which was referred to the Committee on
the Judiciary
A BILL
To amend chapter 171 of title 28, United States Code, to allow
members of the Armed Forces to sue the United States for
damages for certain injuries caused by improper medical
care.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That (a) chapter 171 of title 28, United States Code, is
4 amended by adding at the end thereof the following new sec-
5 tion:
Sanitized Copy Approved for Release 2011/06/27: CIA-RDP87B00858R000600970020-2
 Sanitized Copy Approved for Release 2011/06/27: CIA-RDP87B00858R000600970020-2
2
1 "? 2681. Certain claims by members of the Armed Forces
2 "Claims may be brought under this chapter for damages
3 against the United States for the personal injury or death of a
4 member of the Armed Forces serving on active duty if the
5 claim arises out of medical or dental care furnished the
6 member in a Department of Defense hospital.".
7 (b) The table of sections for such chapter is amended by
8 adding at the end thereof the following new item:
"2681. Certain claims by members of the Armed Forces.".
9 SEC. 2. Section 2681 of title 28, United States Code, as
10 added by the first section of this Act, shall apply only with
11 respect to claims arising on or after the date of the enactment
12 of this Act.
0
Sanitized Copy Approved for Release 2011/06/27: CIA-RDP87B00858R000600970020-2