Statement of Administration Policy: H.R. 536 - Military Medical Malpractice

(House)
(Rep. Frank (D) Massachusetts)

The Administration opposes H.R. 536, and the President's senior advisers would recommend that he veto the bill if presented to him in its present form.

H.R. 536 is objectionable because it would legislatively limit the Supreme Court's long-standing Feres doctrine, 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. 536 is also objectionable because it would (1) weaken military discipline by involving the courts in the review of military command decisions, and (2) result in inequities by permitting service-incident claims to be determined by nonuniform local laws.

If Congress concludes that additional compensation should be available to service personnel injured by military medical malpractice, the Administration would not object to the establishment of an administrative medical malpractice compensation program under the Military Claims Act. This alternative would ensure an unbiased review of these claims without requiring the Judicial branch to second-guess military decisions.