HR 2659 · 96th Congress · Government Operations and Politics

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 the United States employees, to provide a remedy against the United States with respect to constitutional torts, to establish procedures whereby a person injured by a constitutional tort may initiate and participate in a disciplinary inquiry with respect to such tort, and for other purposes.

Introduced 1979-03-06· Sponsored by Rep. Rodino, Peter W., Jr. [D-NJ-10]· House

Bill Progress

Introduced
2
Committee
3
House Vote
4
Senate
5
Enacted
Latest: Referred to House Committee on the Judiciary.(1979-03-06)

Plain Language Summary

[AI summary unavailable — showing source text] 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 fu…

Summarized by Claude AI · Non-partisan · For informational purposes only

Cosponsors (1)

1 Democrat