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H.R.2128 / 108th Congress

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.

Referred to the Subcommittee on Immigration, Border Security, and Claims.

Official summary

Version 00 · Introduced in House · May 15, 2003

Amends the Federal Tort Claims Act to allow claims to be brought for damages against the United States for personal injury or death of a member of the armed forces serving on active duty or on full-time National Guard duty, arising out of medical or dental care furnished to such member in a fixed medical treatment facility operated by the Secretary of a military department or any other fixed medical facility operated by the United States.Provides for a reduction of claims under this Act by the present value of other benefits attributable to such death or injury that are received by the member and by that member's estate, survivors, and beneficiaries pursuant to other Federal provisions.

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Who introduced it

Rep. Frank, Barney [D-MA-4] · D–MA

Committees

  • Judiciary Committee
3 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Immigration, Border Security, and Claims.

  2. Referred to the House Committee on the Judiciary.

  3. Introduced in House

  4. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Jan 2, 2025. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.2128 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.2128 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.2128 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.2128 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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