Amends the Federal Tort Claims Act to make the tort claims resulting from a Government employee's negligent act which was "within the scope of his office or employment" exclusive of any other civil action or proceeding arising out of the same subject matter. 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 his office or employment." Allows a plaintiff to elect to proceed only against a defendant employee whom the Attorney General has certified was acting "solely under color of his office or employment.
Stipulates that such certification by the Attorney General shall be binding and conclusive, except that the defendant employee may request the appropriate district court to modify the certification.
Prohibits the United States from asserting as a defense to a constitutional tort action: (1) the absolute or qualified immunity of the defendant employee; or (2) such employee's reasonable good faith belief in the lawfulness of his conduct, but allows such defenses where the complaint is against a Member of Congress, a judge, a prosecutor, or a person performing analogous functions.
Allows a successful plaintiff to recover actual damages or liquidated damages computed at the rate of $100 per day for each day of violation or $1,000, whichever is higher, up to a maximum of $15,000, plus reasonable attorney's fees and other litigation costs.
Authorizes a class action in conformity with the Federal Rules of Civil Procedure to be instituted for a constitutional tort if: (1) the claim is presented to the appropriate Federal agency; and (2) it is deemed appropriate by the court. Sets a $1,000,000 limit for an award for liquidated damages for any one class.
Eliminates from the current exceptions to the Federal Tort Claims Act claims arising out of certain intentional torts, including assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process.
Allows a person who: (1) obtains a monetary recovery from the United States on a claim under the Federal Torts Claim Act; or (2) brings a constitutional tort claim as provided by this Act, to request an administrative inquiry into the conduct giving rise to the claim. Authorizes an agency which undertakes to conduct such an inquiry to invite the participation of a person who may have been adversely affected by the conduct under inquiry. Establishes time limits and other procedures for such inquiry. Directs the head of the agency or his designee to issue a statement of findings and determine whether disciplinary action is warranted. Provides for administrative and judicial review of an agency's final determination.
Provides for the substitution of the United States as defendant in a constitutional tort action against a former Government employee or Presidential appointee if such individual agrees to submit to the disciplinary procedures provided by this Act.
Terminates this Act five years from the date of enactment (thus reviving the current Federal Torts Claim Act), and directs the Attorney General and the Office of Personnel Management to make recommendations to Congress with respect to this Act six months before such termination date.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
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