A BILL

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CIA-RDP59-00224A000100380005-9
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RIFPUB
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K
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10
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November 11, 2016
Document Release Date: 
October 20, 1998
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5
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OPEN
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Approved For Release : CIA-RDP,59-00224A000100380005-9 84rl CONGRESS H 2D SESSION . R. 9911 IN THE HOUSE OF REPRESENTATIVES Mixcli 13, 1956 Mr. LESiNSRI introduced the following bill; which was referred to the Com- mittee on Post Office and Civil Service A BILL To provide for the procurement by the Government of insur- ance against risk to civilian personnel of liability for personal injury or death, or for property damage, arising from the operation of motor vehicles in the performance. of official Government duties, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That subject to section 3 of this Act, and except as provided 4 in section 2 of this Act, the Postmaster General, with respect 5 to personnel of the Post Office Department and the postal 6 field service, and the Administrator of General Services, 7 with respect to personnel of the other departments and 8 independent establishments in the executive branch of the Approved For Release : CIA-RDP59-00224A000100380005-9 Approved For Release : CIA-RDP59-00224A000100380005-9 2 1 Federal Government, shall procure, under regulations which 2 shall be promulgated by the Secretary of the Treasury, poli- 3 cues of liability insurance covering civilian officers and em- 4 ployees in or under the executive branch of the Federal 5 Government for liabilities imposed by law for damages, be- 6 cause of bodily injury or death or because of damage to 7 property, of any person or persons ,caused by accident and 8 arising out of the operation, use, maintenance, or ownership 9 of any automobile, motortruck, motorcycle, motor scooter, 10 or other motor vehicle, or any bicycle, in the performance 11 by any such civilian officer or employee of his official duties 12 for the Federal Government. The amount of liability in-- 13 surance procured pursuant to this section for any such officer 14 or employee under any such policy of insurance shall not; 15 exceed (1) the sum of $10,000 for death or injury of one 16 person in one accident, (2) the sum of $20,000 for death or 1-7 in-jury to more than one person in one accident, (3) the 18 sum of $5,000 for property damage in one accident, except that the appropriate official designated in this section may procure such liability insurance for any such officer or em- ployee in greater amounts, but not in an aggregate amount in excess of $100,000 for personal injury or death of any person or persons and property damage in one accident, upon,. his determination and certification, together with a written, explanation of the reasons, that the procurement of liability Approved For Release : CIA-RDP59-00224A000100380005-9 Approved For Release : CIA-RDP59-00224A000100380005-9 1 insurance in such greater amount or amounts is necessary 2 for the protection of such officer or employee and is consistent 3 with the interest of the Government. Such insurance shall 4 be of the most economical type available for the number 5 and types of personnel to be insured and shall be purchased 6 from one or more insurance companies licensed to operate 7 in the States, Territories, or possessions of the TTnited States, 8 or in the District of Columbia, where such motor vehicles 9 or bicycles are operated. The premium on any such policy 10 of insurance may cover a period not exceeding three years 11 and shall be paid from any funds available for the payment 12 by the Post Office Department or the General Services Ad- 13 ministration, as the case may be, as administrative expenses 14 at the time such premium is payable. 15 SEC. 2. Whenever it is the opinion of the appropriate 16 official designated in the first section of this Act that (1) the 17 18 19 25 cost to the Government will be less than the cost of procuring liability insurance under such first section for any officer or employee, or group of officers or employees, or both, for whom he is required under such first section to procure such liability insurance and (2) indemnification by the Govern- ment for personal injury or death of any person or for prop- erty damage, in lieu of the procurement of such liability insurance under such first section, is in the interest of the Government, he may exclude such officer or employee, or Approved For Release : CIA-RDP59-00224A000100380005-9 Approved For Release : CIA-RDP59-00224A000100380005-9 4 1 rou of officers or m l h b f p e p oyees, or ot , rom the requirements g of such first section, and shall, with respect to any such officer 3 or employee, or group of officers or employees, or both, so 4 excluded, provide by regulation or order for such indemnifi- 5 cation and make payment or reimbursement; for any personal 6 injury, death, or property damage for which liability insur- 7 ance is authorized to be procured under such first section-- 8 (A) to any person, or his legal representative, in 9 whose favor a judgment has been rendered by a court of 10 competent jurisdiction and remains unsatisfied., against 11 any officer or employee subject to this Act, for personal 12 injury, death, or property damage for which liability 13 insurance is authorized to be procured under the first 14 section of this Act; 15 (B) to any officer or employee subject to this Act 16 against whom judgment has been rendered by a court 17 of competent jurisdiction for personal. injury, death, or 18 property damage for which liability insurance is author- 19 ized to be procured under the first section of this Act, 20 and who has made payment in satisfaction of such judgment; or (C) in settlement of any claim or demand, not reduced to judgment, on account of any personal in- jury, death, or property damage for which liability in-. Approved For Release : CIA-RDP59-00224A000100380005-9 Approved For Release : CIA-RDP59-00224A000100380005-9 1 surance is authorized to be procured under the first 2 section of this Act; 3 conditioned upon execution by the person, or his legal repre- 4 sentative, to whom any such payment or reimbursement is 5 made of a full and complete satisfaction of judgment or release 6 of the Federal Government of any and all liability on account 7 of any such personal injury, death, or property damage, in 8 accordance with regulations which shall be prescribed by 9 the appropriate official designated in the first section of this 10 Act. SEC. 3. The appropriate official designated in the first section of this Act may in his discretion defend any action brought in any court against any officer or employee sub- ject to this Act for personal injury, death, or property damage for which liability insurance is authorized to be pro- cured under the first section of this Act. All costs of defend- ing any such civil action shall be borne'by the United States. Such designated official may, in his discretion, authorize any such officer or employee to defend any such civil action and, in case of any such authorization, shall pay to or reimburse such officer or employee so authorized the costs incurred by such officer or employee in. defending such civil action. SEC. 4. If, in the opinion of the Postmaster General or the Administrator of General Services, as the case may H. R. 9911 2 Approved For Release : CIA-RDP59-00224A000100380005-9 Approved For Release : CIA-RDP59-00224A000100380005-9 6 1 be, the initial or renewal premium cost for any policy of 2 insurance procured under the first section of this Act will 3 exceed the rate of $300 per annum, the procurement shall 4 be made only after advertising a sufficient time previously 5 for proposals for the furnishing of such policy of insurance, 6 and each award shall be made to the responsible bidder 7 whose bid, conforming to the invitation for bids, will be 8 most advantageous to the Government, price and other 9 factors considered, except that any and all bids may be 10 rejected when the appropriate official designated in the 11 first section of this. Act determines that it is in the public 12 interest. 13 Si~,e. 5. The Postmaster General and the Administrator 14 of General Services shall transmit to the Committees on Post 15 Office and Civil Service of the Senate and the house of 16 Representatives, on or before January 15 of each calendar 17 year beginning after the effective date of this Act, compre- 1.8 1 f h l iensiN e reports, as o t e ast day of the preceding calendar year, of their operations under this Act during such preceding calendar year in their respective jurisdictions including, among other matters, information, in summary and in detail, setting forth- (1) with respect to the first section and section 4 of this Act- (A) the number of officers and. employees cov- Approved For Release : CIA-RDP59-00224A000100380005-9 Approved For Release : CIA-RDP59-00224A000100380005-9 7 1 ered by any policy or policies of insurance procured 2 under this Act, 3 (B) the number and types of policies of irisur- 4 ance procured under this Act, 5 (C) the average amounts of insurance provided 6 each civilian officer and employee under this Act 7 for (i) personal injury or death to one person in 8 one accident, (ii) personal injury or death to more 9 than one person in one accident, and (iii) property 10 damage, 11 (1)) the total amount of insurance coverage 12 procured under this Act, 13 (E) the total amount of the premiums paid for 14 insurance procured under this Act, and 15 (F) such other information as may be neces- 16 sary to enable the Committees to review operations 17 under the first section and section 4 of this Act; 1s and 19 (2) with respect to sections 2 and 3 of this Act- 20 (A.) the number of officers and employees ex- 21 eluded from the requirements. of the first section of 22 this Act, 23 (B) a statement of the factors forming the 24 basis for exclusions from the requirements of such 25 first section, Approved For Release : CIA-RDP59-00224A000100380005-9 Approved For Release : CIA-RDP59-00224A000100380005-9 8 1 (C) the number and amounts of payments or 2 reimbursements made under paragraphs (A), (B), 3 and (C) of section 2 of this Act, 4 (1)) the estimated savings to the Government 5 resulting from such payments or reimbursements in 6 lieu of the procurement of policies of insurance under the first section of this Act, 8 (F) a statement relating to the defense, by an 9 appropriate official designated in the first section of 10 this Act or by officers or employees upon his author- 11 ization, under section 3 of this Act of actions 12 brought against any such officers or employees, to- 13 gether with a statement of the cost,, incurred, and 14 (F) such ol,lier information as may be neces- C 5 nary to enable the Committees to review operations 16 under sections 2 and 3 of this Act. .17 SEC. 6. This Act shall not apply to noncitizens, officers 1g and employees of the United States whose permanent sta- tions of duty are located outside the continental United States, its Territories and possessions, or to commissioned officers or enlisted personnel on active duty in or with the Army, Navy, Air Force. Marine Corps, or Coast Guard, of the United States. SEC. 7. Any funds available to the Post Office Depart- 25 m.ent or the General Services Administration, as the case Approved For Release : CIA-RDP59-00224A000100380005-9 Approved For Release : CIA-RDP59-00224A000100380005-9 1 may be, for the payment of administrative expenses shall be available for expenditures to carry out the purposes of sections 2, 3, 4, and 5 of this Act. SEC. S. The term "person" as used in this Act shall be deemed to include firm, corporation, company, partner- ship, or association. SEC. 9. This Act shall take effect on January 1, 1957. Approved For Release : CIA-RDP59-00224A000100380005-9 Approved For Release : CIA-RDP59-00224A000100380005-9 0 co Approved For Release : CIA-RDP59-00224A000100380005-9