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

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 MEDI-
CAL MALPRACTICE ACTIONS AND PROCEEDINGS RESULT-
ING FROM FEDERALLY AUTHORIZED NATIONAL GUARD
TRAINING ACTIVITIES, AND FOR OTHER PURPOSES

64-453 O

APRIL 3, 1980

Serial No. 96-66

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1980

HOWARD M. METZENBAUM, Ohio
DENNIS DECONCINI, Arizona
HOWELL HEFLIN, Alabama

ORRIN G. HATCH, Utah
STROM THURMOND, South Carolina
ALAN K. SIMPSON, Wyoming

KEVIN O. FALEY, Chief Counsel and Executive Director
MARY K. JOLLY, Staff Director and Counsel

JESSICA J. JOSEPHSON, Counsel

TOM PARRY, Minority Chief Counsel

(II)

CONTENTS

OPENING STATEMENTS

Bayh, Hon. Birch, a U.S. Senator from the State of Indiana, chairman,

Subcommittee on the Constitution___.

Culver, Hon. John C., a U.S. Senator from the State of Iowa..

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

Guard Association..

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

THE RECORD

APPENDIX

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

FEDERAL TORT CLAIMS ACT

Communication from Lt. Gen. Weber, National Guard Bureau to the States

Adjutant General.....

Resposes from the States to the National Guard Bureau_

43