LETTER TO JAMES M. FREY FROM STANLEY SPORKIN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300410011-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 11
• Publication Date: July 17, 1981
• Content Type: LETTER

0ar .-A CApproved For Release 2008/08/28: CIA-RDP86B00338R000300410011-4 Of,
CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
Mr. James M. Frey
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Frey:
OGC 81-06060
17 July 1981
This letter is in response to your request for the
Central Intelligence Agency's expedited comments on the
Department of Justice "Alternative Draft" proposed as an
amendment in the nature of a substitute to H.R. 24, the
Federal Tort Claims Act Amendments. The Agency views
this Draft as a significant improvement over H.R. 24,
which in turn is a vast improvement over its predecessor
in the 96th Congress, H.R. 2659. We strongly support
the Department's approach in its proposed amendment in the
rature of a substitute to H.R. 24, with two suggested minor
modifications.
Our first concern is that the Draft does not provide
agency heads with authority to settle a constitutional
tort claim for an amount not exceeding $25,000 without the
approval of the Attorney General. Under current law, agency
heads can settle a nonconstitutional tort claim for an
amount not exceeding $25,000 (26 U.S.C. 2672) and we believe
agency heads should have the same authority with respect to
constitutional claims.
Our second concern is the apparent limitation placed
on the types of constitutional torts for which the United
States may be substituted as defendant instead of its
employee. Sections 1 and 2 of the Draft appear to limit
the protection afforded to federal employees by substitution
of the United States as defendant to constitutional tort
claims "for injury or loss of property, or personal injury
or death." We believe the protection afforded by the
Federal Tort Claims Act should be coextensive with the full
range of constitutional torts, rather than being limited to
constitutional torts which cause personal injury or property
damage.
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We appreciate very much the opportunity to express
our views on this matter. I would ask that you keep me
closely informed regarding the development of an
Administration position on the Federal Tort Claims Act
Amendments.
Sincerely,
STAT
OGC:DSA:am (17 July 1981)
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1 - LED File: Tort Claims Act Amendments
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