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(b) Not included in exclusivity before were all negligence

matters not involving a motor vehicle. What problems in those areas

justify the extension of exclusivity outside the motor vehicle area to other

wrongful acts or omissions?

(c) Why were motor vehicles originally singled out for this

special treatment?

2. (a) Were any civil suits filed against the United States or individual federal officials as a result of the Collinsville, Illinois raids and other intrusions

by Drug Enforcement personnel?

(b) If so, what were the results?

3. (a) How many civil actions have been filed against individual

federal employees for violations of the Constitution since January 1, 19687

(b) With respect to each such suit, please indicate:

(i) The facts and alleged constitutional violation.

(ii) The result to date.

(iii) Who is defending these suits, including whether

the United States is paying for the defense.

(iv) What defenses are being raised.

4. (a) How many criminal proceedings have been instituted against

individual federal employees to date for violations of the Constitution since January 1, 19687

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(b) With respect to each such proceeding, please indicate:

(i) The facts and alleged constitutional violations.

(ii) Whether any indictments issued.

(iii) Whether the indictments, if any, have been

disposed of, and if so, what the disposition was?

(iv) If the United States is paying for the defense.

(v) What defenses are being raised.

5. Does the new section 2679 (d) (3) mean that the "exclusive" remedy provision in section 2679(b) does not apply for claims where sovereign immunity has not been waived, e.g., cases falling within the exceptions in section 2680?

Section 2679 (d), Section 6 of S. 2117, p. 4, lines 18-24; p. 5, lines 8-16

1. (a) Does the Attorney General have absolute and total discretion to determine whether to certify "scope of office" or "color of law" for purposes

of substitution or removal?

(b) What, if any, recourse does the employee have if the Attorney

General fails or refuses to certify?

2. (a) Can the certification be challenged by a party (a) if it is under

2679 (d) (1)?;(b) if it is under § 2679 (d) (2)?

(b) If there is a difference in the ability to challenge the certification between 2679 (d) (1) and 2679 (d) (2), please set forth the reasons for the difference. 3. Will the Attorney General make the certification if the Attorney General determines that the employee was not acting in good faith reliance upon either a court order or legislative authorization?

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Section 2679 (f), Section 7 of S. 2117.

1. (a) What powers, procedures and remedies - other than

criminal prosecution

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presently exist by which the federal government

may discipline federal employees who violate the constitutional rights of

American citizens?

(b) May the federal government assess any civil fine against

such employee?

(c) May the federal government bring any type of civil action

for damages against such employee?

2. (a) With respect to internal disciplinary proceedings, how many have been filed against government employees for violations of the Constitution since January 1, 1968?

(b) With respect to each such proceeding, please indicate:

(i) The agency in which such proceeding took place.

(ii) The facts and alleged constitutional violation.

(iii) The results of any such proceeding.

(c) Were any such proceedings filed in connection with:

(i) the Collinsville drug raid?

(ii) any Cointelpro operations?

(iii) any CHAOS operations?

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3. With respect to each disciplinary proceeding referred to in 2.

(a) In those cases in which guilt was found,

(i) what sanctions were imposed?

(ii) Were any of the subjects subsequently promoted

or given merit increases

(iii) Were their careers affected in any way?

(b) In cases where the subjects were found innocent, what were

the basis for the findings - factual innocence or an affirmative defense such as superior orders?

(c) With respect to each such disciplinary proceeding, will the

Subcommittee staff be permitted to examine the agency files?

4. Were there Civil Service Commission proceedings in this matter

or were they in the particular agency?

5. (a) What, if anything, was the role of the Department of Justice

Office of Professional Responsibility?

(b) Does the Office of Professional Responsibility have jurisdiction` over alleged misconduct by employees of agencies other than the Department of Justice?

6. What procedures are involved in these administrative proceedings?

7. Is the "forwarding" under paragraph (f) supposed to involve any recommendation by the Attorney General?

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8. Does the head of the Department or agency have complete discretion as to how he will react to the "forwarding" by the Attorney General?

9. Does the United States have any conflict of interest in investigating or prosecuting a federal employee for acts with respect to which the United States in a Tort Claims Act case against such employee has been substituted as a defendant?

10. Of what evidentiary value in an "administrative investigation or disciplinary action" (page 7, line 8) is a court finding of liability in a Constitutional Tort case?

Section 2680 (a): "Execution of statute or regulation"

(a) Will this provision exclude from Governmental liability all situations in which an individual acts under an unconstitutional regulation or an unconstitutional statute?

(b) Why should the United States not be held liable when its officials execute an unconstitutional regulation promulgated by a Federal official acting in violation of the Constitution?

(c) Why should the United States not be held liable for violation of someone's constitutional rights by an unconstitutional statute?