A BILL
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CIA-RDP59-00224A000100380005-9
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October 20, 1998
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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
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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
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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
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1
rou
of officers or
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oyees, or
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rom the requirements
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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-.
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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
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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-
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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,
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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
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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.
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0
co
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