MEETING(SANITIZED)(SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80S01268A000400020006-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: May 16, 2007
• Sequence Number: 6
• Publication Date: November 29, 1978
• Content Type: MFR

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L 1.Y
OLC: 78-3558
29 November 1978
MEMORANDUM FOR THE RECORD
VIA: Chief/Legislation Staff
FROM:
Assistant egis a ive Counsel
uai
SUBJECT: Meeting with FBI Legislative Affairs Officer
Parks H. Stearns
1. (U) On 13 November 1978 the undersigned met for a
period of two hours with his counterpart at the FBI, Mr. Parks
Stearns. The purpose of the meeting was to both cement a
better working relationship between the two attorneys who
had worked together during the 95th as well as to discuss
legislation of mutual interest which will be facing both
agencies during the 96th Congress.
2. (U/IUO) FEDERAL TORT CLAIMS ACT AMENDMENTS: :Both
attorneys agreed that the Federal Tort Claims Act Amendments
would be reintroduced during the first few days of the 96th.
Due to irreconcilable disagreement between the Carter
Administration (which had introduced the original bill
early in the 95th) and Senator Howard. Metzenbaum (D., Ohio),
the bill's chief sponsor in the Senate, the bill was allowed
to die on. the vine in the Senate Judiciary Committee.
3. (U/IUO) The bill would substitute as defendant
the Federal Government for Federal employees in certain
delineated cases wherein the Federal employee had, within
the scope of his employment, committed a Constitutional
tort against an American citizen, whether domestically
or overseas.
4. (U/IUO) The bill, in its present form, would not
provide the above stated protection to either former Federal
employees (even though the tort had been committed by the
person while employed by the Federal government) or to
Presidential appointees. This was totally unacceptable to
the Carter Administration and was, in major part, responsible
INTERNAL U P-N- Y
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for the bill's death during the 95th. Mr. Stearns informed
me that the Department of Justice, having been tasked to
carry the Administration ball, had now developed a compromise
position on this issue which should be acceptable to both
Administration and Congressional parties of interest.
5. (U/IUO) Senator Metzenbaum had argued vigorously
for exclusion of former employees on the ground that in cases
where the employee had erred,the Federal Government would be
unable to take remedial action against the employee - i.e.
even though the Government would pay the claim of the injured
citizen the erring employee would, dueto his retired status,
get off without punishment or reprimand. Unlike for present
employees, the bill did not establish any form of Agency
sponsored disciplinary measures for guilty former employees.
The Justice compromise, although still allowing a plaintiff
to choose between suing either the Federal Government or
the former employee, would allow the former employee to
elect to have the Government substituted for him in any
suit brought against him - assuming he, like present employees,
met the other requirements of the bill. In return for this
the former employee would agree to be subject to Agency
disciplinary proceedings. If found guilty, the offending
former employee could be fined in an amount not to exceed
the equivalent of suspension without pay for a present
employee for one month.
6. (U/IUO) It is believed that, if acceptable to
Senator Metzenbaum, the above described provision would
clear the way for solution of the other less difficult
differences and pave the way for early passage of the bill
during the first session of the 96th Congress.
7. (U/IUO) FREEDOM OF INFORMATION ACT AMENDMENTS (FOIA):
Although he did not go into great detail, Mr. Stearns allowed
that the :FBI fully intended to seek, during the 96th,
substantive relief from the current requirements of the
FOIA. Although Stearns will not himself be handling the
account,he believed that one point which the FBI would
press would call for a ten-year moratorium on any release
of "Source informant" information.
8. (U/IUO) I asked Mr. Stearns to have their point
man on FO:IA (no one is yet selected) to contact me prior
to commencement of the 96th. He agreed that this would be
useful and added that he thought it might be a good idea.
INTERNAL USE ONLY
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PZ P Y fi l 1 f,' g" 7`1 INTERN: U.._ I Y
if we worked together.or, at the very least, coordinated
strategy and, at the appropriate time, nose counts. Stearns
speculated further that, although some would beg to argue,
he believed chances for remedial legislation were good.
He based this both on his reading of the more conservative
composition of the 96th and, more importantly, on the number
(unspecified) of requests which FBI had received during
the 95th from members for FBI suggestions for relief.
He stated that a coordinated attack by FBI-CIA would, at
the very least, result in serious Congressional consideration
of the problems he termed them unintentional - which the
legislation and its implementation had caused both agencies.
9. (U/IUO;) As a closing item, it was interesting to
note the fact that the FBI Congressional Affairs Office has
seen a recent increase in manpower. The office presently
employs six attorneys as compared with last session's four.
Stearns also noted that there is presently some consideration
being given to moving that office from its present administrative
location to the Office of the Director. We agreed to meet
at least once more prior to the commencement of the 96th.
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