S. HRG. 107-977 THE FERES DOCTRINE: AN EXAMINATION OF HEARING BEFORE THE COMMITTEE ON THE JUDICIARY ONE HUNDRED SEVENTH CONGRESS Printed for the use of the Committee on the Judiciary 88-833 PDF U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 2003 For sale by the Superintendent of Documents, U.S. Government Printing Office COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah STROM THURMOND, South Carolina JON KYL, Arizona MIKE DEWINE, Ohio JEFF SESSIONS, Alabama BRUCE A. COHEN, Majority Chief Counsel and Staff Director KF26 20027 CONTENTS STATEMENTS OF COMMITTEE MEMBERS Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah, prepared Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont 88 11 Joseph, Daniel, Counsel, Akin, Gump, Strauss, Hauer and Feld, LLP, Wash- Harris, Paul, Deputy Associate Attorney General, Department of Jus- Responses of General Altenburg to questions submitted by Senator Leahy Response of the Department of Justice to a question submitted by Senator Altenburg, John, Major General (retired), former Assistant Judge Advocate General, United States Army, Washington, D.C., prepared statement Fidell, Eugene R., Counsel, Feldsman, Tucker, Leifer, Fidell & Bank, LLP, Harris, Paul, Deputy Associate Attorney General, Department of Jus- Joseph, Daniel, Counsel, Akin, Gump, Strauss, Hauer and Feld, LLP, Wash- Sklute, Nolan, Major General (retired), former Judge Advocate General, Sprague, Richard A., Counsel, Sprague and Sprague, Philadelphia, Pennsyl- Weaver, Christopher E., Rear Admiral and Commandant, Naval District 123 THE FERES DOCTRINE: AN EXAMINATION OF THIS MILITARY EXCEPTION TO THE FEDERAL TORT CLAIMS ACT TUESDAY, OCTOBER 8, 2002 U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC. The Committee met, pursuant to notice, at 2:05 p.m., in room SD-226, Dirksen Senate Office Building, Hon. Arlen Specter presiding. Present: Senators Specter and Leahy. OPENING STATEMENT OF HON. ARLEN SPECTER, A U.S. Senator SPECTER. The Committee on the Judiciary will now proceed with our hearing on proposed legislation to amend the Federal Tort Claims Act to reverse the so-called Feres doctrine. This hearing has been scheduled on a particularly busy day with, as you doubtless know, arguments proceeding on the floor of the Senate on a resolution to authorize the President to use force in Iraq. I think we will probably have sparsely attended membership from the committee, but staff is here and the hearing will be followed. I have introduced legislation to amend the so-called Feres doctrine because it seems to me that the doctrine has produced anomalous results which reflect neither the will of the Congress nor common sense. There have been many examples where a soldier who is the victim of medical malpractice at an Army hospital cannot sue the Government for compensation, but a civilian who suffers the same treatment on an allegation of malpractice would be entitled to recover against the Government. Similarly, if a soldier driving home from work on an Army post is hit by a negligently driven Army truck, that soldier is barred from suing the Government, but a civilian in identical circumstances would not be so barred. In the interest of brevity, my entire statement will be admitted, without objection, which sets forth the outlines and parameters of the pending legislation. [The prepared statement of Senator Specter appears as a submission for the record.] Senator SPECTER. I have long been concerned about the Feres doctrine, handed down in 1950. When I practiced law before coming to the Senate, I had serious questions about it, and I was especially (1) |