FEDERAL TORT CLAIMS ACT LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300410009-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 9
• Publication Date: July 17, 1981
• Content Type: MEMO

Approved For Release 2008/08/28: CIA-RDP86B00338R000300410009-7
OGC 81-06061
17 July 1981
MEMORANDUM FOR: Director of Central Intelligence
VIA: Deputy Director of Central Intelligence
FROM: General Counsel
SUBJECT: Federal Tort Claims Act Legislation
1. This memorandum is for your information only
and requires no action. Congress is considering legislation
to amend the Federal Tort Claims Act to provide for claims
against the United States as the exclusive remedy for
constitutional torts committed by federal employees acting
within the scope of their employment. In principle, this
legislation is highly favorable to Intelligence Community
personnel as it will protect them from the harassment and
potential financial devastation of a constitutional tort
lawsuit arising from acts within the scope of their employment.
Unfortunately, past legislative proposals to provide this
protection have been laden with objectionable provisions
requiring extensive formal disciplinary proceedings against
employees, with the participation of the "victim" of the
alleged constitutional tort and with judicial review of
agency determinations.
2. In part through the effort of Agency attorneys,
the objectionable provisions have been dropped from current
legislative proposals. The Department of Justice has
recently prepared a proposal containing the type of legislation
we have sought to protect intelligence personnel. I have
recently advised the Office of Management and Budget that we
generally support the Department of Justice proposal with a
few technical modifications. As the Department of Justice
proposal moves forward in Congress, the Department may ask
you to express strong support for the legislation.
__ ,f"Stan ey Sporkin
STAT
Approved For Release 2008/08/28: CIA-RDP86B00338R000300410009-7
 Approved For Release 2008/08/28: CIA-RDP86B00338R000300410009-7
OGC:DSA:am (17 July 1981)
DISTRIBUTION
1 - DCI
1 - DDCI
1 - ER
1-
1-
1-
1-
1 - DSA Signer
1 - GMC Signer
1 - OGC Chrono
OGC)
(C/LLB)
lru.e: Legislation-Federal
Tort Claims Act 0300)
1 - LED File: Tort Claims Act Amendments
STAT
Approved For Release 2008/08/28: CIA-RDP86B00338R000300410009-7