LETTER TO MR. JAMES M. FREY FROM JOHN M. MAURY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP71B00364R000300170023-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 20, 2016
• Document Release Date: December 14, 2007
• Sequence Number: 23
• Publication Date: June 24, 1969
• Content Type: LETTER

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2 4 JUN 196p
Not referred to OMB. Waiver
applies.
This is response to your request of 12 June 1969 for views of
t of Sustice draft bill "To amend Title 28
United States Code to provide for the defense of writs against
T
r provisis
draft bill.
for other purposes. "
Ivor of making comprehensive the exclusive
ederal Tort Claims Act as proposed in section I
3 of the draft bill a case may be remanded to
nterv*uing appeal, if the United States district
rion giving rise to the suit was not w
rtence of section 3:
review and to that end recomm.eo.d the fOllOwtug
. We believe this critical determination should
' N ithstanding the Ilmitations in Title 28, U. S. C.
S 1447(4), the question of whether an employee was
of %liate rogue.
ed on appeal in accordance with -Rule 3
e scope of his office or emplor-neut
Distribution:
Orig. & I - Addressee
1 - OGG
- Subj.
I - Chrono
OLCJ (23 June 69)
iat ve Counsel
LJ/~ I
(Deputy eneral
1969
' Counsel2 4 JUN
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23 June 1969
1. We requested an opportunity to comment on this draft bill. It
makes comprehensive the exclusive remedy feature of the Tort Claims Act
which feature is now only available to Federal employees in tort claims
arising out of driving and in the Veterans Administration while performing
medical functions.
2. Under the bill, if the district court found that the act complained
of was not within the scope of employment the case would be remanded to
the state court without intervening appeal. This is in keeping with the general
rule which applies except in certain civil rights cases. OGC, after touching
base with Justice, recommends that an appeal lie in connection with the
district court determination concerning the scope of employment question.
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EXrr CUTME- (~'i'F IC.E CAF THE PRE,SII:. FNT
BUREAU OF THE BUDGET
WASHING"roN. D.C. 20503
12 9
LEGISLATIVE Pj FERR11T, MEMORANDUM
TO: Legislative Liaison Officer
Civil_ Service Commission
Department of Transportation
Department of Defense
Department of Health, Education and Welfare
Department of the Interior
Atomic Energy Commission
Veterans Administration
Department of Corrunerce
Department of Agriculture.
Department of Hov.sing and Urban Development
Department of Labor
Post Office Department
Department of State
Department of the Treasury
General Services Administration
1 C . ?7. k ,c t.~.oIZ
National Aeronautics and Space United States Information Agency
Central Intelligence Agency
SUBJECT: Justice draft bill "To amend Title 28 of the
United States Code to provide for the defense of suits
against Federal employees and for other purposes."
The Bureau would appreciate receiving the views of your
agency on the above subject before advising on its rela--
tionship to the program of the President, in accordance
with Budget Circular A--19.
To permit expeditious handling, it is requested that your
reply be made within 30 days.
Questions should be referred to Jerome Sohns, code 103,
extejsion 3868..
MAIL
For Assistant Director
James M. Frey
UREA] OF THE BUDGET for Legislative Reference
Enclosures
Copy of draft and explanatory matter
JSohns : of -6 --1 2'6'-9
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I
BB FORM 4
---------------------------------------------------------
Bureau of the Budget
ROUTE SLIP
Take necessary action
0
Approval or signature
171
Comment
171
Prepare reply
Discuss with me
For your information
^
See remarks below
DATE~11 1"
6.~(j4nOR9S ,~5~ lA7ffL~(L1/
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Offia of ttpr ,1tthrnrg (1 rurraL
ualitnoton, D. (It.
The Speaker
House of Representatives
Washington, D. C. 20515
Dear Mr. Speaker:
Enclosed for your consideration and appropriate refer-
ence is a legislative proposal "To amend Title 28 of the United
States Code to provide for the defense of suits against Federal
employees and for other purposes."
This proposal is intended to provide for the immunity
of Federal employees from personal liability in tort for acts
done in the scope of their employment. The Federal Tort Claims
Act as passed in 1946 did not bar suits against Government em-
ployees who committed torts. However, if a civil action is
brought against the Government under 28 U.S.C. 1346(b), a judg-
ment in such action constitutes a complete bar to any action
against Federal employees for damages for the same act or omis-
sion. 28 U.S.C. 2676.
Two statutes were subsequently enacted which barred
suit against two particular classes of Federal employees--Govern-
ment drivers and medical personnel of the Veterans Administration.
The Government Drivers Act passed in 1961, Public Law 87-258, pro-
vides that the remedy by suit against the United States under 28
U.S.C. 1346(b) shall be the exclusive remedy when the damage
claimed results from the operation of a motor vehicle by an em-
ployee of the government while acting within the scope of his
office or employment. The procedure by which the Drivers Act
is invoked is set forth in 28 U.S.C. 2679(b)-(c). The action is
usually brought in the State court and is removed to the Federal
court upon certification by the Attorney General that the defen-
dant employee was acting within the scope of his office'or employ-
ment at the time of the accident. Upon removal, the United States
is substituted for the employee as defendant and the action pro-
ceeds in the manner prescribed for any other tort claim against
the United States.
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A similar statute was enacted in 1965, Public Law 89-311,
38 U.S.C. 4116, with respect to medical personnel of the Veterans
Administration. In succeeding sessions of Congress, bills have
been introduced proposing the protection of other classes of Federal
employees such as FBI agents and the flying personnel of the Federal
Aviation Agency.
It is this Department's opinion that the general prin-
% ciple of immunity of Federal employees is a desirable one and that
piecemeal legislation should be avoided. Accordingly, this pro-
posed bill would afford equality of treatment by extending the
immunity from personal liability in tort to all Federal employees.,
Section 1 of the proposed bill would amend 28 U.S.C.
2679(b) by extending its applicability to all Federal employees
acting within the scope of their office or employment. Further
provisions of the proposal are intended to make it clear that the
previously existing tort remedy against Federal employees is now
barred and that the exclusive remedy of compensation in these mat-
ters is pursuant to the procedures of the Federal Tort Claims Act.
I recommend the introduction and prompt enactment of
this proposal.
The Bureau of the Budget has advised that there is no
objection to the enactment of this legislation from the standpoint
of the Administration's program.
Sincerely,
Attorney General
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CONGRESS
H. R.
(VOTE.- Fill In sill blKnk lhus PX.
cept those pmvI k l fur this lour
slid number of bill.)
IN THE HOUSE OF REPRESENTATIVES
Mr_ ------------------------------------------------- introduced the following bill; which was referred to
To amend title 28 of the United States Code, to provide
for the defense of suits against Federal employees, and
for other purposes. (insert title of bill here)
1 Be it enacted by the Senate and House of Representatives of the
2 United States of America in Congress assembled,
That section 2679(b) of title 28, United States Code,
amended to read as follows:
"(b) The remedy against the United States provided
by sections 1346(b) and 2672 of this title for injury or
loss of property, or personal injury or death caused by
the negligent or wrongful act or omission of any employee
of the Government while acting within the scope of his
office or employment is exclusive of any other civil action
or proceeding arising out of or relating to the same subject
matter against the employee whose act or omission gave rise
to the claim, or against the estate of such employee."
Sec. 2. Section 2679(d) of title 28, United States Code,
is amended by inserting in the first sentence the words
itoffice or" between "scope of his" and "employment."
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Sec. 3. Section 2679(d) of title 28, United States Code,
is amended by deleting the second sentence and inserting
in lieu-thereof "After removal the United States shall
have available all defenses to which it would have been
entitled if the action had originally been commenced
against the United States under the Federal Tort Claims
Act. Should a United States district court determine on
a hearing on a motion to remand held before a trial on the
merits that the employee whose act or omission gave rise
to the suit was not acting within the scope of his office
or employment, the case shall be remanded to the State
court."
Sec. 4. Section 2680(h) of title 28, United States Code,
is amended by deleting "assault, battery," and inserting
in lieu thereof "assault or battery (other than assault
or battery arising out of the negligent performance of
medical, surgical, dental, or related functions, including
the conduct of clinical studies or investigations)."
Sec. 5. Section 4116 of title 38, United States Code, is
repealed.
Sec. 6. This Act shall apply to all claims accruing on
or after the first day of the third month which begins
following the date of its enactment.
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TRANSMITTAL SLIP
DATE
16 June 1969
TO:
Mr.
ROOM NO. BUILDING
7D01
REMARKS:
For review and suggested statemen
of Agency position. Please note
deadline on response is 30 days.
25X1
FROM: OLC
ROOM NO
BUILDING
EXTENSION
.
7D35
Hqs
FORM O 24 I REPLACES FORM 36-8
WHICH MAY BE USED.
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