1209 negligent breach of fficial duty" broadly utes, regulations or ligation to act with serally can be held ault. oiced in France and officials are exposed, inability to satisfy ed on governmental states, 1** the Reich isively liable for the Constitution extended ave it constitutional ticle 131 was fully upon which it was roaches to Governmentai 11, 199 (1942). negligence alone, he may mpensation from so other e 189, at 563 Section 839 ly fails to avent the injury appointed civil servants. verned by the general for injury to another's life his section also expressly tection of other persoas. for the willful infiction of ate treatment of Beanies ote 198 infra rather than governmental an states. H VOGEL, DE 4 (1977). f due care, e, see Braband, ve Analysis with Emphasis fication for such a system ces him on the job, has e." See also Weimar. Iva herra, 27 MONATSSCHRIFT ). Particularly influential tzblatt 691. e as 1918, nine German O vicarious. H. VOGEL, THE NATIONAL GUARD TORT CLAIMS ACT HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE NINETY-SIXTH CONGRESS SECOND SESSION ON S. 1858 TRAINING ACTIVITIES, AND FOR OTHER PURPOSES APRIL 3, 1980 Serial No. 96-66 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 64-463 0 WASHINGTON : 1980 COMMITTEE ON THE JUDICIARY (96th Congress) EDWARD M. KENNEDY, Massachusetts, Chairman BIRCH BAYH, Indiana STROM THURMOND, South Carolina ROBERT C. BYRD, West Virginia CHARLES McC. MATHIAS, JR., Maryland JOSEPH R. BIDEN, JR., Delaware PAUL LAXALT, Nevada JOHN C. CULVER, Iowa ORRIN G. HATCH, Utah HOWARD M. METZENBAUM, Ohio ROBERT DOLE, Kansas DENNIS DECONCINI, Arizona THAD COCHRAN, Mississippi ALAN K. SIMPSON, Wyoming STEPHEN BREYER, Chief Counsel PATTI SA RIS, Council SUBCOMMITTEE ON THE CONSTITUTION BIRCH BAYH, Indiana, Chairman HOWARD M. METZENBAUM, Ohio ORRIN G. HATCH, Utah DENNIS DECONCINI, Arizona STROM THURMOND, South Carolina HOWELL HEFLIN, Alabama ALAN K. SIMPSON, Wyoming JESSICA J. JOSEPHSON, Counsel (II) CONTENTS OPENING STATEMENTS Bayh, Hon. Birch, a U.S. Senator from the State of Indiana, chairman, Page Subcommittee on the Constitution. Culver, Hon. John C., a U.S. Senator from the State of Iowa. 9 PROPOSED LEGISLATION S. 1858, a bill to amend title 28, United States Code, to provide that the Federal tort claims provisions of that title are the exclusive remedy in medical malpractice actions and proceedings resulting from federally authorized National Guard training activities, and for other purposes. CHRONOLOGICAL LIST OF WITNESSES Farley, John J., III, Assistant Director, Torts Branch, Civil Division, Department of Justice, Washington, D.C. Temple, Brig. Gen., Herbert R., Jr., Deputy Director, Army National Guard, Department of Defense, Washington, D.C., accompanied by James C. Hise, legal adviser, National Guard Bureau-- Greenlief, Maj. Gen. Francis S., executive vice president, National Guard Association, accompanied by Col. William Blatt, legal counsel, National Ahner, Maj. Gen. Alfred F., president of the Adjutants General Associ- ation of the United States, and Adjutant General of Indiana, accom- panied by Col. William Blatt, legal counsel, National Guard Association. ALPHABETICAL LISTING AND MATERIAL SUBMITTED FOR Greenlief, Maj. Gen. Francis S.: PART 1-RESPONSES BY THE ADJUTANT GENERAL OF THE STATES TO THE NA- TIONAL GUARD BUREAU, REGARDING REQUEST PERTAINING TO RESTRICTIONS IMPOSED ON THE NATIONAL GUARD DUE TO LACK OF COVERAGE UNDER THE Communication from Lt. Gen. Weber, National Guard Bureau to the States |
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