AMENDMENTS TO THE FEDERAL TORT JOINT HEARING BEFORE THE SUBCOMMITTEE ON CITIZENS AND SHAREHOLDERS RIGHTS AND REMEDIES AND THE SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE NINETY-FIFTH CONGRESS SECOND SESSION ON AMENDMENTS TO THE FEDERAL TORT CLAIMS ACT: S. 2117 Part 1 JANUARY 26, 1978 Printed for the use of the Committee on the Judiciary 26-729 Ο U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1978 COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina CHARLES MCC. MATHIAS, JR., Maryland JOSEPH R. BIDEN, JR., Delaware WILLIAM L. SCOTT, Virginia FRANCIS C. ROSENBERGER, Chief Counsel and Staff Director SUBCOMMITTEE ON CITIZENS AND SHAREHOLDERS RIGHTS AND REMEDIES HOWARD M. METZENBAUM, Ohio, Chairman JOHN C. CULVER, Iowa WILLIAM L. SCOTT, Virginia HERMAN SCHWARTZ, Chief Counsel and Staff Director RICHARD E. KAIT, Minority Counsel SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE JAMES ABOUREZK, South Dakota, Chairman JOHN C. CULVER, Iowa JOSEPH R. BIDEN, JR., Delaware PAUL LAXALT, Nevada STROM THURMOND, South Carolina IRENE R. EMSELLEM, Chief Counsel and Staff Director CHARLES LUDLAM, Counsel CONTENTS STATEMENTS BY SUBCOMMITTEE CHAIRMEN Abourezk, Hon. James, a U.S. Senator from the State of South Dakota, chairman of the Subcommittee on Administrative Practice and Metzenbaum, Hon. Howard M., a U.S. Senator from the State of Ohio, chairman of the Subcommittee on Citizens and Shareholders Rights and WITNESSES Bell, Hon. Griffin B., Attorney General of the United States; accompanied by Irving Jaffe, Deputy Assistant Attorney General, Civil Division...... Statistics on Federal civil rights prosecutions of Federal employees as of Letter from Justice Department answering questions about disciplinary S. 2117 AND AMENDMENTS Letter of Attorney General to Vice President Mondale requesting intro- Copy of S. 2117, Amendments to the Federal Tort Claims Act Amendment of Chairman Eastland to S. 2117 regarding retroactivity------ Amendments proposed by Justice Department at January 26, 1978, hearing regarding "good faith," class actions, and section 2680 exemptions------- Amendment proposed by Justice Department in letter of April 10, 1978,1 Page 26 Letter of Justice Department to Senator Metzenbaum, April 10, 1978, ex- plaining disciplinary proceeding amendment to S. 2117 and retroactivity- S. 2117 with amendments proposed by the Justice Department---- Federal Tort Claims Act as amended by S. 2117 Amendments to miscellaneous statutes (sections 9 and 10 of S. 2117) -- Letter of ACLU to Justice Department regarding S. 2117 as introduced, Letter of ACLU, Common Cause, Public Citizen, Council for Public QUESTIONS OF SUBCOMMITTEES REGARDING S. 2117 74 |