CIA PROPOSED AMENDMENTS TO S. 3314, FEDERAL TORT CLAIMS ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700110062-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: April 12, 2004
• Sequence Number: 62
• Publication Date: August 14, 1978
• Content Type: MFR

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14 August 1978
MEMORANDUM FOR THE RECORD
SUBJECT: CIA Proposed Amendments to S. 3314, Federal
Tort Claims Act
1. The undersigned spoke with Mr. Bernard Martin of 0MB
regarding CIA proposed amendments (attached) to S. 3314, the
Federal Tort Claims Act.
2. Mr. Martin informed me that Justice had received our
proposals and would review the same with 0MB reporting
Justice's comments to me later this week.
3. Outlook: According to Justice, the Senate Judiciary
Committee, before which the the bill is pending, does not
intend to take action (mark-up) until the House has acted
on the House version of the bill. Further, it appears unlikely,
according to Justice and OMB, that the House Judiciary
Committee will get around. to consideration of the bill.
Ergo, all concerned believe that the bill will die for
this session.
4. Notwithstanding the foregoing, -.:his office will
continue to monitor events or lack.. thereof on this important
legislation.
Assistant Legislative Counsel
Distribution:
1 - OGC
1 - FPH
1 - LLM
STAT
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1 - OLC Chrono OLC:MDC:sm(ic a?R?c+ 7 Q,
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OFFICE OF DIRECTOR OF CENTRAL INTELLIGENCE
LEGISLATIVE COUNSEL
WASHINGTON D.C. 28505
STA Telepienaao 3 August 1978
TO: Mr. Robert E. Carlstrom
Legislative Reference Division
Office of Management and Budget
STAT
Enclosed you will find our several
proposed amendments to S. 3314.
I believe that they are self-explanatory;
however, should you have questions please
feel free to contact this office. We appreciate
your continued attention to this matter.
Frederick P. Hitz
Legislative Counsel
4-76 15330
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 S ect $ o\7LWPW)Reba a kW8C11A P18,}MOA!8t!(b i b 11 be subject
to the public comment provisions of Section 553 of title 5,
notwithstanding subsection (a) of section 553, United States
Code and subject to judicial review under Chapter 7 of
title 5. The court's review shall be held in camera
for matters specifically protected from disc osI ure by
statute, by Executive Order relating to the national
security, national defense, or foreign affairs, or in the
court's own discretion if it determines that in camera
review is necessary.
INSERT FOREGOING IN LIEU OF CURRENT SECTION
7806(d).
Section 7803(c): After the word witnesses on page 16, line 13 insert...
, however this discretion shall not be construed to provide
access by unauthorized persons to information specifically
protected from disclosure by statute, or by Executive Order
relating to the national security, national defense, or
foreign affairs.
Section 7: New Section (e)(1): Where a tort suit for injury or loss of
property or personal injury or death resulting from
the negligent or wrongful act or omission of any officer
or employee of the Government, or a tort suit arising
from the violation of the Constitution of the United States.,
is commenced against an individual who is no longer an
employee of the Government or who is an appointee of
the President as defined in chapter 78 of title 5, upon
certification of the Attorney General at any time before
trial that such defendant was acting within the scope of
his office or employment or, with regard to torts arising
under the Constitution of the United States, that such
defendant was acting within the scope of his authority or
with a reasonable good faith belief in the lawfulness of his
conduct, at the time of the incident out of which the suit
arose, the Attorney General shall provide legal represen-
tation for such defendant employee.
(e)(2): Upon certification by the Attorney General that a
defendant who is no longer an employee of the government
or who is an appointee of the President was acting within
the scope of his office or employment or, with regard
to torts arising under the Constitution of the United States,
that such defendant was acting within the scope of his
authority or with a reasonable good faith belief in the
lawfulness of his conduct, at the time of the incident out
of which the suit arose, any such civil action or proceeding
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 Approved For F? M%f2"Rfb"5a - 0 0 without
at any time a ore ria , General
bond
,
to the district court of the United States of the district
and division embracing the place wherein it is pending.
The Certification of the Attorney General shall conclusively
establish that a defendant who is no longer an employee
of the Government or who is an appointee of the President
was acting within the scope of his office or employment
and, with regard to torts arising under the Constitution
of the United States, was acting within the scope of his
authority or with a reasonable good faith belief in the law-
fulness of his conduct for purposes of such initial removal.
Should a district court of the United States determine on
a hearing on a motion to remand held before trial on the
merits that the defendant was not acting within the
scope of his office or employment and, with regard to
torts arising under the Constitution of the United States,
was not acting within the scope of his authority or with
a reasonable good faith belief in the lawfulness of his
conduct the case shall be remanded to the State court
in which it was initially filed.
REDESIGNATE SUBSECTION (e) AS SUBSECTION (f) AND ADD THE ABOVE
LANGUAGE AS NEW SUBSECTION (e).
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