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SEC. 3. Section 2674 of title 28, United States Code, is amended by (a) inserting in the first paragraph the following language after the word "claims" and before the comma: "based upon negligent or wrongful acts or omissions"; and (b) by adding as a third paragraph the following:

"The United States shall be liable, respecting the provisions of this title relating to tort claims arising under the Constitution of the United States, to the same extent as entitlement to compensation is recognized under the tort law of the place where the violation occurred, but shall not be liable for interest prior to judgment or for punitive damages: Provided, however, That for a claim arising under the Constitution of the United States, such compensation shall not be less than liquidated damages of $1,000, except that for a claim arising from the interception or disclosure of a wire or oral communication in violation of chapter 119 of title 18, such compensation shall not be less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000 whichever is higher, plus a reasonable attorney's fee and other litigation costs reasonably incurred; and Provided further, that without any effect or limitation upon any other defenses, a good faith reliance on a court order or legislative authorization shall constitute a complete defense to any claim or suit arising under the Constitution of the United States, but, notwithstanding the existence of such defense, the United States shall, when it has determined that the officer or employee was acting within the scope of his office or employment or under color thereof, reimburse the person whose constitutional rights were violated for the actual or compensatory damages

sustained.".

SEC. 4. Section 2675 (a) of title 28, United States

Code, is amended by inserting the following language after
"employment,":

"or upon a claim for money damages arising from the
violation of the Constitution of the United States by
any employee of the Government while acting within
the scope of his office or employment or under the
color thereof, ".

SEC. 5. Section 2679 (b) of title 28, United States
Code, is amended to read as follows:

"(b) The remedy against the United States provided
by sections 1346 (b) and 2672 of this title for claims
for injury or loss of property or personal injury or
death resulting from the negligent or wrongful act
or omission of any employee of the Government while
acting within the scope of his office or employment
or for claims arising from the violation of the Consti-
tution of the United States by any employee of the
Government while acting within the scope of his office
or employment or while acting under the color thereof
is exclusive of any other civil action or proceeding
arising out of or relating to the same subject matter
against the employee whose violation or act or omission
gave rise to the claim, or against the estate of such
employee.".

SEC. 6. Section 2679 (d) of title 28, United States
Code, is amended to read as follows:

(d) (1) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment, or in claims arising under the Constitution of the United States that the employee was acting within the scope of his office or employment or under

the color thereof, at the time of the incident out of

which the suit arose any such civil action or proceeding commenced in a United States district court

shall be deemed an action against the United States

under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. After such substitution the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States under this chapter and section 1346 (b).

" (d) (2) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment, or in claims arising under the Constitution of the United States that the employee was acting within the scope of his office or employment or under the color thereof, at the time of the incident out of which the suit arose any such civil action or proceeding commenced in a state court shall be removed, without bond, at any time before trial, by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and be deemed an action brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. After such substitution the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States under this chapter and section 1346 (b). The certification of the Attorney General shall conclusively establish scope of office or employment and in claims arising under the Constitution of the United States, acting under color of office or employment for

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Should a district court of the United States determine on a hearing

purposes of such initial removal.

on

a motion to remand held before trial on the merits that
the employee defendant was not acting within the scope
of his office or employment, and in claims arising under
the Constitution of the United States, acting within
the scope of his office or employment or under color
thereof, the case shall be remanded to the state court
in which it was initially filed.

"(d) (3) The provisions of this chapter and section

1346 (b) shall not apply in cases where the United States
has not waived its sovereign immunity under this chapter.
"(d) (4) Where an action or proceeding under this chapter
is precluded because of the availability of a remedy
through proceedings for compensation or other benefits
from the United States as provided by any other law, the
action or proceeding shall be dismissed, but in that event
the running of any limitation of time for commencing, or
filing an application or claim in, such proceeding for
compensation or other benefits shall be deemed to have
been suspended during the pendency of the civil action
or proceeding under this chapter.".

SEC. 7. Section 2679 of title 28, United States Code, is amended by adding a new subsection (f) as follows:

"(f) Where an action or proceeding under section 1346 (b)
or 2672 arising under the Constitution of the United
States results in a judgment against the United States
or an award, compromise or settlement paid by the United
States, the Attorney General shall forward the matter

for such further administrative investigation or disciplinary
action as may be appropriate to the head of the department
or agency by which the employee whose violation or act or
omission gave rise to the claims was employed.".

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SEC. 8. Section 2680 (h) of title 28, United States

-Code, is amended to read as follows:

"(h) Any claim arising out of libel, slander, misrepre

sentation, deceit, or interference with contract

rights.".

SEC. 9. (a) Subsections (a) through (d) of section 4116 of title 38, United States Code, are repealed, and subsection (e) of that section is amended by deletion of the designation "(e)", by deleting the words "person to whom the immunity provisions of this section apply (as described in subsection (a) of this section)," and inserting in lieu thereof the words "employee of the Department of Medicine and Surgery".

(b) Subsections (a) through (e) of section 224 of the Public Health Service Act, as added by section 4 of the Act of December 31, 1970, and renumbered (42 U.S.C. 233 (a) through (e)), are repealed, and subsection (f) is amended by deletion of the designation "(f)".

(c) Subsections (a) through (e) of section 1091 of the Foreign Service Act of 1946, as added by section 119 of the Act of July 12, 1976 (22 U.S.C. 817 (a) through (e)) are repealed.

(d) Subsections (a) through (e) of section 1089, title 10, United States Code, are repealed. Subsection (f) is amended by deleting the words "person described in subsection (a)" and inserting in lieu thereof the words "employee of the armed forces, the Department of Defense, or the Central Intelligence Agency, ".

(e) Subsections (a) through (e) of section 307 of the National Aeronautics and Space Act of 1958, as added by section 3 of the Act of October 8, 1976 (42 U.S.C. 2458a (a) through (e)), are repealed, and subsection (f) is amended by the deletion of the designation "(f)", by the deletion of the words "person described in subsection (a)" and by the insertior