SUMMARY STATEMENT BY FLEOA GENERAL COUNSEL TO THE HOUSE SUBCOMMITTEE ON ADMINISTRATIVE LAW AND GOVERNMENT RELATIONS CONCERNING REVISIONS TO THE FEDERAL TORT CLAIMS ACT PROPOSED IN H.R. 595

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300420008-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 8
• Publication Date: January 1, 1983
• Content Type: REPORT

Approved For Release 2008/08/28: CIA-RDP86B00338R000300420008-7
Fedeal Law EnforceLAent
Officers Association
170 Old Country Road - Suite 310
Mineola, N.Y. 11501
[phone]
SUMMARY STATEMENT BY FLEOA GENERAL COUNSEL TO THE HOUSE
SUBCOMMITTEE ON ADMINISTRATIVE LAW AND GOVERNMENT
RELATIONS CONCERNING REVISIONS TO THE FEDERAL TORT CLAIMS
ACT PROPOSED IN H.R. 595.
FLEOA supports wholeheartedly the "qualified immunity"
provided in H.R. 595 and believes the federal government
should serve as the defendant when enforcement officers
become embroiled in lawsuits arising out of the "scope of
their office or employment." The bill with minor
additions will go a long way to overcome the unintended
side-effects of Bivens-type suits.
Since 1971, thousands of Bivens-type suits have resulted,
to the best of our knowlege, in only 13 judgements against
the U.S. government. But the cost of dealing with these
and the anguish caused have been incalculable.
In addition to those revisions already in H.R. 595, FLEOA
believes time delays and intervention in state felony
crimes by federal officers must be covered directly in the
amended Federal Tort Claims Act. Further, agencies should
be required to provide enforcement personnel with
materials relied upon in making settlement determinations
and used as the basis for settlement recommendation.
We feel the following language should be added to 28 USC
2679 (d)(3), page 3, line 19 and 28 USC 2699 (d) (3), page
16, line 16.
..The certification of the Attorney General shall
conclusively establish scoped of office or
employment for purposes of such removal and shall
be made within 30 days of the time the employee's
agency was notified of the action. Failure to so
notify shall result in automatic certification."
In addition, we feel 28 USC 2700, page 18, line 14 should
have a new sentence added to it. The sentence should read:
" In addition, the employee shall be entitled to
access to all of the materials relied upon by the
Attorney General or the agency in making a
settlement as well as the basis on which the
settlement was recommended."
Approved For Release 2008/08/28: CIA-RDP86B00338R000300420008-7