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S 1775 97th Congress Senate Government Operations and Politics Administrative responsibility Business and commerce Civil actions and liability Civil service employment Constitutional law Courts and Civil Procedure Damages District courts Electronic surveillance Federal employees Federal employees and officials Government liability Insurance Liability (Law) Liability insurance Malpractice Medical malpractice insurance Medical personnel State courts

A bill to amend title 28 of the United States Code to provide for an exclusive remedy against the United States in suits based upon acts or omissions of United States employees, to provide a remedy against the United States with respect to constitutional torts, and for other purposes.

Introduced: October 26, 1981 Introduced by: Grassley, Chuck Republican · Iowa See on congress.gov
 Everywhere this bill has been 8 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 23, 1982
Subcommittee on Agency Administration. Approved for full committee consideration with amendments favorably.
Jun 9, 1982
Considered by Subcommittee on Agency Administration.
Mar 31, 1982
Subcommittee on Agency Administration. Hearings held.
Nov 16, 1981
Subcommittee on Agency Administration. Hearings held.
Nov 13, 1981
Subcommittee on Agency Administration. Hearings held.
Nov 2, 1981
Referred to Subcommittee on Agency Administration.
Oct 26, 1981
Read second time and referred to Senate Committee on Judiciary.
Oct 26, 1981
Introduced in Senate
 Plain-English summary Congressional Research Service

Amends the Federal Tort Claims Act to expand Federal Government liability for the acts of its agents to include tort claims arising under the Constitution of the United States. Limits recovery for such claims to the greater of: (1) actual damages; (2) liquidated damages of $1,000; or (3) $100 per day up to a maximum of $15,000 in the case of continuing torts.

Makes a tort claim resulting from a Government employee's negligent act which was within the scope of his office or employement, exclusive of any other civil action arising out of the same subject matter.

Requires the substitution of the United States as the party defendant upon certification by the Attorney General that the defendant employee was acting within the scope of his employment. Makes such certification binding and conclusive.

Establishes a constitutional tort remedy against the United States for an act of a Government employee which the Attorney General certifies was within the scope of such employee's office or employment.

Declares that upon removal of a civil action from a State court to a U.S. district court, the United States is entitled to all defenses to which it would have been entitled if the action had originally been commenced against the United States under such Act.

Directs the Attorney General, where an action results in a judgment against the United States, to forward the matter to the employing agency for further investigation or disciplinary action.

Eliminates as exceptions to the Federal Tort Claims Act claims arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process.

Exempts from the provisions tort claims arising from the activities of this Act: (1) the Tennessee Valley Authority; (2) the Panama Canal Company; (3) Federal land banks; (4) Federal intermediate credit banks; and (5) banks for cooperatives.

Authorizes the Secretaries of State and Health and Human Services and the Administrators of Veterans' Affairs and the National Aeronautics and Space Administration to provide liability insurance for employees who perform medical functions under employment conditions where the United States would not be liable for such employees' acts.

Exempts U.S. employees acting within the scope of their employment from civil actions for unlawfully intercepting or disclosing wire or oral communications.

What's happening now September 23, 1982

Subcommittee on Agency Administration. Approved for full committee consideration with amendments favorably.

 Committees of jurisdiction 2