ML20155G145

Informs That NRC Strongly Supports Legislation HR 4612, Federal Employees Liability Reform & Tort Compensation Act of 1988, & Urges Prompt Passage of Subj Legislation

ML20155G145
Person / Time
Issue date:	05/31/1988
From:	Zech L NRC COMMISSION (OCM)
To:	Bennett J, Bevill T, Breaux J, Brooks J, Dingell J, Gejdenson S, Glenn J, Rodino P, Sharp P, Udall M HOUSE OF REP., APPROPRIATIONS, HOUSE OF REP., ENERGY & COMMERCE, HOUSE OF REP., GOVERNMENT OPERATIONS, HOUSE OF REP., INTERIOR & INSULAR AFFAIRS, HOUSE OF REP., JUDICIARY, SENATE, APPROPRIATIONS, SENATE, ENVIRONMENT & PUBLIC WORKS, SENATE, GOVERNMENTAL AFFAIRS
References
NUDOCS 8806170179
Download: ML20155G145 (10)

Text

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" ' 9 CHA R AN The Honorable Peter W. Rodino, Jr., Chairman

! Committee on the Judici2ry I United States House of Representatives Washington. 0.C. 20515

Dear Mr. Chairman:

I l Earlier this year, the Supreme Court decided Westfall v. Erwin, 56 U.S.L.W. 4087 (Jan. 13, 1988). That case substantially increases the potential of lawsuits seeking damages from the personal ar. sets of individual Federal employees for actions taken within the scope of their offi:ial duties. Since the Westfall decision, we understand that the Department of JustTce and others have been l

urgf.ig Congress to overturn this decision. To this end, H.R.

l 4612. "The Federal Employees Liability Reform and Tori i Compansation Act of 1988," has been introduced in the House of

! Repretantatives and ordered reported by the House Committee on the Judiciary. The Nuclear Regulatory Commission (NRC) strongly supports this legislation.

NRC employees must frequently take or recommend actions to protect the public health and safety. At times, such actions are contro-versial and result in significant economic consequences. We strongly believe that cur employees must be able to make the decisions necessary to protect the public health and safety without fear of challenge in a lawsuit for damages which, if awarded, would result in personal financial ruin. We expect our employees to make these difficult decisions in e technically competent manner; unfortunately, however, even the threat of a meritiess lawsuit may be a frightening prospect which carries the potential for affecting these important health and safety decisions.

We balieve that H.R. 4612 is o fair and equitable response to l Westfall. Indeed, in its decision, the Court invited Congress to consider the issue of personal liability for Federal employees and to propose a legislative solution to prublems created by such liability. We urge the prompt passage of H.R. 4612 to eliminate any c'oud this decision has placed over the ability of our ,

employees to perform their difficult publi health and safety j responsibilities without fear of having to answer to a tort suit  !'

seeking personal liability.

Sincerely, 8806170179 800531 A PDR COMMS NRCC Q*

CORRESPONDENCE PDR A'\

Lando W. ch, y.

cc: Rep. Hamilton Fish, Jr.

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• ... l CHAIRMAN May 31, 1988 l 1

The Honorable Tom Bevill, Chairman I I

Subcommittee on Energy and Water Development Committee on Appropriations United States House of Representatives Washington, D. C. 20515

Dear Mr. Chairman:

i Earlier this year, the Supreme Court decided Westfall v. Erwin, 56 )

U.S.L.W. 4087 (Jan. 13, 1988). That case substantially increases 1 the potential of lawsuits seeking da.aages from the personal assets <

of individual Federal employees for actions taken within the scope I of their official duties. Since the Westfall decision, we understand that the Department of JustTce anB others have been urging Congress to overturn this decision. To this end, H.R.  !

4612, "The Federal Employees Liability Reform and Tort (

Compensation Act of 1988," has been introduced in the House of 1 Representatives and ordered reported by the House Committee on  ;

the Judiciary. The Nuclear Regulatory Commission (NRC) strongly j supports this legislation.

NRC er.ployees must frequently tL e or recommend actions to protect ,

the public health and safety. At times, such actions are contro- I versial and result in significant economic consequences. We strongly believe that our employees must be able to make the ,

decisions necessary to protect the public health and scfety I without fear of challenge in a lawsuit for damages which, if l awarded, woulo result in personal financial ruin. We expect our ;

employees to make these difficult decisions in a technically ,

competent manner; unfortunately, however, even the threat of a meritiess lawsuit may be a frightening prospect which carries the potential for affecting these important health and safety decisions.

We believe that H.R. 4612 is a fair and equitable response to Westfall. Indeed, in its decision, the Court invited Congress to consider the issue of personal liability for Federal employees and to propose a legislative solution to problems created by such liability. We urge the prompt passage of H.R. 4612 to eliminate ary cloud this decision has placed over the ability of our employees to perform their difficult public health and safety responsibilities without fear of having to answer to a tort suit seeking personal liability.

Sincerely, e

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Lando W. h, .

cc: Rep. ,lohn Myers

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The Honorable John Dingell, Chairman Subcommittee on Oversight and investigations Committee on Energy and Commerce ,

United States House of Representatives  ;

Washington, D. C. 20515 l Deir Mr. Chairman: [

Earlier this year, the Supreme Court decided Westfall v. Erwin, 56 U.S.L.W. 4087 (Jan. 13, 1988). That case substantfally increases the potential of lawsuits seeking damages from the personal assets of individual Federal employees for actions taken within the scope of their official duties. Since the Westfall decision, we understand that the Department of JustTce and others have been urging Congress to overturn this decision. To this end, H.R., t 4612, "The Federal Employees Liability Reform and Tort Compensation Act of 1988," has been intraduced in the House of Representatives and ordered reported by the House Committee on the Judiciary. The Nuclear Regulatory Commission (NRC) strongly supports this legislation.

NRC employees must frequently take or recommend actions to protect  !

the public health and safety. At times, such actions are contro-versial and resuit in significant economic consequences. We strongly believe that our employees must be able to make the  :

decisions necessary to protect the public health and safety ,

without fear of challenge in a lawsuit for damages which, if l awarded, would result in personal financial ruin. We expect our employees to make these difficult decisions in a technically competent manner; unfortunately, however, even the threat of a  ;

meritiess lawsuit may be a frightening prospect which carries the potential for affecting these important health and safety l decisions.

We believe that H.R. 4612 is a fair and equitable response to Westfall. Indeed, ii, its decision, the Court invited Congress to consider the issue of personal liability for Federal employees and to propose a legislative solution to problems created by such liability. We urge the prompt passage of H.R. 4612 to eliminate any cloud this decision has placed over the ubility of our employees to perform their difficult public health and safety responsibilities without fear of having to answer 'n a tort suit seeking personal liability.

Sincerely, lA/.

' b, Lando W. h, Jr cc: Rep. TL? mas J. Bliley, Jr.

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The Honorable J. Bennett Johnston, Chairman Subcommittee on Energy and Water Development Conmittee on Appropriations United States Senate Washington, D. C. 20510

Dear Mr. Chairman:

Earlier this year, the Supreme Court decided Westfall v. Erwin, 56 U.S.L.W. 4087 (Jan. 13, 1988). That case substantTally increases the potential of lawsuits seeking damages from the personal assets of individual Federal employees for actions taken within the scope of their official duties. Since the Westfall decision, we understand that the Department of Justice and others have been urging Congress to overturn this decision. To this end, H.R.

4612 "The Federal Employees Liability Reform and Tort l Compensation Act of 1988," has been introduced in the House of )

Representatives and ordered reported by the House Committee on l I

the Judiciary. The Nuclear Regulatory Commission (NRC) strongly supports this legislation.

HRC employees must fraquently take or recommend actions to protect I the public health and safety. At times, such actions are contro-versial and result in significant economic conse tuences. We l strongly believe that our employees must be able to make the I decisions necessary to protect the public health and safety l without fear of challenge in a lawsuit for damages which, if awarded, would result in personal financial ruin. We expact our employees to make these difficult decisions in a technically competent manner; unfortunately, however, even the threat of a ceritiess lawsuit m.4y be a frightening prospect which carries the potentir.1 for affecting these important health and safety decisions. I We believe that H.R. 4612 is e fair and equitable response to Westfall. Indeed, in its decision, the Court invited Congress to  !

consider the issue of personal liability for Federal emplcyees and te propose a legis;ative solution to problems created by such liability. We urge the prompt passage of H.R. 4612 to eliminate any cloud this decision has placed over the ability of our employees to perform their difficult public health and safety responsibilities witi.eut fear of having to answer to a tort suit seeking personal liability.

Sincerely, LV.  %.

Lando W. Z ,J.

cc: Sen. Mark O. Hatfield

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The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, D. C. 20515

Dear Mr. Chairman:

Earlier this year, the Supreme Court decided Westfall v. Erwin, 56 U.S.L.W. 4087 (Jan. 13, 1988). That case substantTaTTy inEreases the potential of lawsuits seeking damages from the personal assets of individual Federal employees for actions taken within the scope of their official duties. Since the Westfall decision, we understand that the Department of Justice an3 others have been urging Congress to overturn this decision. To this end, H.R.

4612, "The Federal Employees Liability Reform and Tort Compensation Act of 1988," has been introduced in the House of Representatives and ordered reported by the House Committee on the Judiciary. The Nuclear Regulatory Commission (NRC) strongly supports this legislation.

NRC employees must frequently take or recommend actions to protect the public health and safety. At times, such actions are contro-versial and result in significant economic consequences. We strongly believe that our employees must be able to make the decisions necessary to protect the public health and safety without fear of challenge in a lawsuit for damages which, if awarded, would result in personal financial ruin. We expect our employees to make these difficult decisions in a technically corpetent manner; unfortunately, however, even the threat of a meritless lawsuit may be a frightening prospect which carries the potential for affecting these important health and safety decisions.

We believe that H.R. 4612 is a fair and equitable response to We s t f a l l_ . Indeed, in its decision, the Court it.vited Congress to consider the issue of personal liability for Federal employees and I to prepose a legislative solution to problems created by such  !

liability. We urge the prompt passage of H.R. 4612 to eliminate any cloud this decision has placed over the ability of our employees to perform their difficult public health and safety l responsibilities without fear of having to answer to a tort suit i seeking personal liability.

I Sincerely,

& A. . 1 Landt W. 7 h,J cc: Rep. Carlos J. Moorhead

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The Honorable John Glenn, Chairman Committee on Governmental Affairs United States Senate Washington, D. C. 20510

Dear Mr. Ci'a i rma n :

Earlier this year, the Supreme Court decided Westf all v. Erwin, 56 U.S.L,W. 4087 (Jan. 13, 1988). That case substantiaTTP Tncreases the potential of lawsuits seeking damages from the personal assets of individual Federal employees for actions taken within the scope of their official duties. Since the Westfall decision, we understand that the Department of JustTce and others have been urging Congress to overturn this decision. To this end, H.R.

4612. "The Federal Employees Liability Reform and Tort Compensation Act of 1988," has been introduced in the House of Representatives and ordered reported by the House Committee on the Judiciary. The Nuclear Reguistory Commission (NRC) strongly supports this legislation.

NRC employees must frequently take or recommend actions to protect the public health and safety. At times, such actions are contro-versial and result in significant economic consequences. We strongly believe that our employees must be able to make the decisions necessary to protect the public health and safety without fear of challenge in a lawsuit for damages which, if awarded, would result in personal financial ruin. We expect our employees to make these difficult decisions in a technically competent manner; unfortunately, however, even the threat of a seritiess lawsuit may be a frightening prospect which carries the potential for affecting these important health and safety decisions.

We believe that H.R. 4612 is a fair and equitable response to Westfall. Indeed, in its decision, the Court invited Congress to consider the issue of personal liability for Federal employees and to propose a legislative solution to problems created by such liability. We urge the prompt passage of H.R. 4612 to eliminate any cloud this decision has placed over the ability of our employees to perform their difficult public health and safety responsibilt'.'es without fear of having to answer to a tort suit seeking personal liability.

Sincerely, byde bv. c Lando W. Z ch, ,

cc: Sen. Willism V. Roth , Jr.

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The Honorable Jack Brooks, Chairman l Committee on Government Operations l

United States House of Representatives Washington, D. C. 20515

Dear Mr. Chairman:

Earlier this year, the Supreme Court decided Westfall v. Erm.'n, 56 U.S.L.W. 4087 (Jan. 13, 1988). That case substantTaT1y increases the potential of lawsuits seeking damages from the personal assets 1 of individual Federal employees for actions taken within the scope  ;

of their official duties. Since the Westfall decision, we understand that the Department of JustTce and others have been urging Congress to overturn this decision. To this end, H.R.

4612, "The Federal Employees Liability Reform and Tort Compensation Act of 1988," has been introduced in the House of Representatives and ordered reported by the House Committee on the Judiciary. The Nuclear Regulatory Commission (NRC) strongly ,

supports this legislation. ,

NRC employees must frequently take or recommend actions to protect the public health and safety. At times, such actions are contro- l versial and result in significant economic consequences. We strongly believe that our employees must be able to make the decisions necessary to protect the public health and safety without fear of challenge in a lawsuit for damages which, if  !

awarded, would result in personal financial ruin. We expect our employees to make these difficult decisions in a technically competent manner; unfortunately, however, even the threat of a  !

meritiess lawsuit may be a frightening prospect which carries the potential for affecting these important health and safety decisions.

t We believe that H.R. 4612 is a fair and equitable response to '

Westfall. Indeed, in its decision, the Court invited Congress to consider the issue of personal liability for Federal employees and l to propose a legislative solution to problems created by such liability. We urge the prompt passage of H.R. 4612 to eliminate any cloud this decision has placed over the ability of our employees to perform their difficult public health and safety responsibilities without fear of having to answer to a tort suit seeking personal liability.

Sincerely, LV. .

a i. 'o W . Ze ,J.

cc: Rep. Frank Horton i

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- WASHINoToN, D.C. 20666 ss s CIbAN May 31, 1988 The Honorable John B. Breaux, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D. C. 20510

Dear Mr. Chairman:

Earlier this year, the Supreme Court decided Westfall v. Erwin, 56 U.S.L.W. 4087 (Jan. 13, 1988). That case substantTaT1y increases the potential of lawsuits seeking damages from the personal assets of individual Federal employees for actions taken within the scope of their official duties. Since the Westfall decision, we understand that the Department of Justice and others have been urging Congress to overturn this decision. To this end, H.R.

4612. "The Federal Employees liability Reform and Tort Compensation Act of 1988," has been introduced in the House of Representatives and ordered reported by the House Committee on the Judiciary. The Nuclear Regulatory Commission (NRC) strongly supports this legislation.

MRC emp.oyees must frequently take or recommend actions to protect the public health and safety. At times, such actions are contro-versial and result it. significant economic consequences. We strongly believe that our employees must be able to make the decisions necessary to protect the public health and safety without fear of challenge in a lawsuit for damages which, if awarded, would result in personal financial ruin. We expect our employees to make these difficult decisions in a technically competent manner; 'anfortunately, however, even the threat of a meritless lawsuit may be a frightening prospect which carries the potential for affecting these important health and safety decisions.

We believe that H.R. 4612 is a fair and equitable response to Westfall. Indeed, in its decision, the Court invited Congress to consider the issue of personal liability for Federal employees and to propose a legislative solution to problens created by such liability. We urge the prompt passage of H.R. 4612 to eliminate any cloud this decision has placed over the ability of our employees to perform their difficult public health and safety responsibilities without fear of having to answer to a tcrt suit see'<ing pe rsona l liability.

Sincerely, d2a+<. u,. .

Lando W. ch, .

cc: Sen. Alan K. Simpson

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The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee cn Interior and Insular Affairs United States House of Representatives Washington, D. C. 20515

Dear Mr. Chairman:

Earlier this year, the Supreme Court decided Westfall v. Erwin, 56 U.S.L.W. 4087 (Jan. 13, 1988). That case substantially increases the potential of lawsuits seeking damages from the personal assets of individual Federal employees for actions taken within the scope of their official duties. Since the Westfall decision, we understand that the Department of Justice an3 others have been urging Congress to overturn this decision. To this end, H.R.

4612 "The Federal Employees Liability Reform and Tort Compensation Act of 1988," has been introduced in the House of Representatives and ordered reported by the House Committee on the Judiciary. The Nuclear Regulatory Commission (NRC) strongly supports this legislation.

NRC employees must frequently take or recommend actions to protect the public health and safety. At times, such actions are contro-versial and result in significant economic consequences. We strongly believe that our employees must be able to make the decisions necessary to protect the public health and safety without fear of challenge in a lawsuit for damages which, if awarded, would result in personal financial ruin. We expect our employees to make these difficult decisions in a technically competent manner; unfortunately, however, even the threat of a meritless lawsuit may be a frightening prospect which carries the potential for affecting these important health and safety decisions.

We believe that H.R. 4612 is a fair and equitable response to Westfall. Indeed, in its decision, the Court invited Congress to consTder the issue of personal liability for Federal employees and to propose a legislative solution to problems created by suca liability. We urge the prompt passage of H.R. 4612 to eliminate any cloud this decision has placed over the ability of our employees to perform their difficult public health and safety responsibilities without fear of havir.g to answer to a tort suit seeking personal liability.

Sincerely, l4.

Lando W. Z h,J .

cc: Rep. Manuel Lujan,ilr.

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cHIEbAN OY 8 The Honorable Sa, tejden',on, Chairman Subcommittee on 6.1eral Oversight and Investigations Committee on Interior and Insular Affairs United States House of Representatives Washington, D. C. 20515

Dear Mr. Chairman:

Earlier this year, the Supreme Court decided Westfall v. Erwin, 56 U.S.L.W. 4087 (Jan. 13, 1988). That case subsiantTally increases the potential of lawsuits seeking damages from the personal assets of individual Federal employees for actions taken within the scope of their official duties. Since the Westfall decision, we understand that the Department of JusTTcW an3 others have been urging Congress to overturn this decision. To this end, H.R.

4612, "The Federal Employees Liability Reform and Tort Compensation Act of 1988," has been introduced in the House of Representatives and ordered reported by the House Committee on the Judiciary. The Nuclear Regulatory Commission (NRC) strongly supports this legislation.

NRC employees must frequently take or recommen actions to protect the public health and safety. At times, such actions are contro-versial and result in significant economic consequences. We strongly believe that our employees must be able to make the decisions necessary to protect the public health and safety without fear of challenge in a lawsuit for damages which, if awarded, would result in personal financial ruin. We expect our employees to make these difficult decisions in a technically l competent manner; unfortunately, however, even the threat of a l meritless lawsuit may be a frightening prospect which carries the potential for affecting these important health and safety decisions.

We believe that M.R. 4612 is a f air and equitable response to l Westfall. Indeed, in its decision, the Court invited Congress to consider the issue of personal liability for rederal employees and to propose a legislative solution to problems created by such liability. We urge the prompt passage of H.R. 4612 to eliminate any cloud this decision has placed over the ability of our employees to perform their difficult public health and safety responsibilities without fear of having to answer to a tort suit seeking personal liability.

Sincerely, IN. ^\ ,

.ando W. Z h, {

cc: Rep. Deiny Smith

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