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 other purposes.
Title I: Federal Tort Claims Amendments - Amends the Federal Tort Claims Act to make remedies provided by the Act exclusive of any other action arising out of the same tortious conduct.
Substitutes the United States as the party defendant after: (1) the Attorney General has certified that a defendant Federal employee acted within the scope of employment; and (2) an action has been instituted in Federal district court. Declares such certification binding and conclusive.
Provides guidelines for limitations of actions.
Specifies the Federal agencies to which the Act applies.
Title II: Constitutional Torts - Grants district courts exclusive jurisdiction over civil actions for money damages based on constitutional torts. Establishes judicial procedure for the resolution of claims based on constitutional torts. Specifies the Federal agencies amenable to suit for such torts.
Authorizes Federal agency administrators to settle claims for money damages based on constitutional torts after obtaining written approval of the Attorney General. Declares such settlements final and conclusive. Establishes guidelines for administrative adjustment of claims.
Provides formulae for recovery of damages and sets a maximum damages award for tortious conduct involving either: (1) reckless disregard for constitutional rights; or (2) malicious intent to violate constitutional rights. Specifies defenses to claims based on a constitutional tort. Requires disposition by the appropriate Federal agency before actions may be initiated against the United States for money damages.
Allows either party to request a jury trial in actions for money damages. Permits the Attorney General to settle or arbitrate claims after an action has been instituted. Awards attorney's fees to successful claimants.
Directs the Attorney General to defend any civil action against any Federal employee for money damages based on constitutional torts. Makes any such action the claimant's exclusive remedy for such a constitutional tort.
Directs the Attorney General to remove from State court into district court under specified conditions.
Authorizes disciplinary actions against defendant employees under specified circumstances.
Exempts specified Federal agencies from tort claims under the Act. Establishes a limitations period.
Title III: Amendments to Other Laws; Applicability of Act - Makes conforming amendments relative to medical malpractice provisions concerning Federal health professionals. Makes additional technical amendments.
For Previous Action See H.R.595.