MEETING RE LEGISLATION TO AMEND FEDERAL TORT CLAIMS ACT (FTCA)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300410013-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 13
• Publication Date: December 8, 1981
• Content Type: MEMO

Approved For Release 2008/08/28: CIA-RDP86B00338R000300410013-2
8 December 1981
MEMORANDUM FOR THE RECORD 4
SUBJECT: Meeting re Legislation to Amend Federal Tort
Claims Act (FTCA)
DATE/PLACE/TIME: 8 December 1981, 7D00 Hqs., 1400 - 1440
PARTICIPANTS: Stanley Sporkin, General Counsel
John J. Farley III, Assistant Director,
Torts Branch, Civil Division,
Department of Justice
John Lodge Euler, Trial Attorney,
Torts Branch, Civil Division,
Department of Justice
Assistant General Counsel
Office of General Counsel
1. Mr. Sporkin expressed three major concerns with current
legislation to amend the Federal Tort Claims Act:
--individual government employees should be protected from
personal liability for all actions they take within the
scope of their employment, including costs of defense.
--government officials should not be diverted from the
public's business by plaintiffs who tie up their time
defending tort claims.
--government actions against a person, such as regulatory
actions to prevent or punish violations of securities
laws, should not be held off or interfered with by tort
claims made by the person subject to the government
action.
2. To deal with his concerns, Mr. Sporkin suggested:
--a government sponsored self-insurance program under
which employees could buy insurance through biweekly
payroll deductions to protect them against liability
for their official actions.
--an amendment to the FTCA to limit discovery against the
U.S. and its officials involved in tort claims.
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--an amendment to the FTCA to assure that federal actions
against a person, such as regulatory actions, will proceed
to conclusion before tort claims by that person arising
out of the same subject matter will be heard.
3. To bring pressure on the Congress to act quickly to
relieve federal employees from personal liability for their
official actions, Mr. Sporkin suggested that the Department of
Justice should prepare a petition to Congress for the signature
of federal agency general counsels and other senior officials.
4. Mr. Farley advised that the Department of Justice plans,
at an appropriate time in the legislative process, to add a
catch-all provision to the FTCA legislation which would authorize
agency heads to indemnify agency employees sued personally for
their official actions. This would assure that any new theories
the law develops for personal liablity of government employees
for their official actions will not recreate the problems FTCA
legislation is intended to remedy.
5. After discussion of the legislation, Mr. Sporkin's
suggestions, and Mr. Farley's plans, Mr. Sporkin and Mr. Farley
agreed that:
--The Department of Justice will push hard for the
indemnification catch-all provision at the appropriate
time in the legislative process.
--CIA will not engage in any high profile legislative
activities concerning FTCA legislation, but will, through
appropriate quiet efforts with its contacts on the Hill,
express its strong support for the Justice Department FTCA
legislation (S. 1775).
--CIA will provide whatever assistance the Department of
Justice requests to help move FTCA legislation towards
enactment.
N
OGC:DSA:kpd
Distribution
--4' - DSA Signer
1 - GMC
1 - LED File: Tort Claims Act Amendments
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Approved For Release 2008/08/28: CIA-RDP86B00338R000300410013-2