in lieu thereof of the words "employee of the National Aeronautics and Space Administration".

SEC. 10. Section 2520, title 18, United States Code, shall not apply to civil causes of action against officers or employees of the United States while acting within the scope of their office or employment, or while acting under the color of such office or employment.

SEC. 11. This Act shall apply to all claims and suits pending on the date of enactment or filed or accruing thereafter.

95TH CONGRESS 1ST SESSION

COPY OF S. 2117

S. 2117

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 21, 1977

Mr. EASTLAND introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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, and for other purposes.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 1346 (b) of title 28, United States Code, is 4 amended by striking the period at the end of the section 5 and adding the following: ", or where the claim sounding 6 in tort for money damages arises under the Constitution of 7 the United States when such employee of the Government 8 is acting within the scope of his office or employment, or un

2

1 der the color thereof, such liability to be determined in 2 accordance with applicable Federal law.".

3 SEC. 2. Section 2672 of title 28, United States Code, 4 is amended by inserting in the first paragraph the following 5 language after the word "occurred" and before the colon: 6", or where the claim sounding in tort for money damages 7 arises under the Constitution of the United States when such 8 employee of the Government is acting within the scope of 9 his office or employment, or under the color thereof, such 10 liability to be determined in accordance with applicable 11 Federal law".

12 SEC. 3. Section 2674 of title 28, United States Code, is 13 amended by (a) inserting in the first paragraph the follow14 ing language after the word "claims" and before the comma: 15 "based upon negligent or wrongful acts or omissions"; and (b) by adding as a third paragraph the following:

16

17 "The United States shall be liable, respecting the provi18 sions of this title relating to tort claims arising under the 19 Constitution of the United States, to the same exent as 20 entitlement to compensation is recognized under the tort law 21 of the place where the violation occurred, but shall not be 22 liable for interest prior to judgment or for punitive damages: 23 Provided, however, That for a claim arising under the Con24 stitution of the United States, such compensation shall not 25 be less than liquidated damages of $1,000, except that for

3

1 a claim arising from the interception or disclosure of a wire

2

or oral communication in violation of chapter 119 of title 3 18, such compensation shall not be less than liquidated 4 damages computed at the rate of $100 a day for each day 5 of violation or $1,000 whichever is higher, plus a reason6 able attorney's fee and other litigation costs reasonably 7 incurred: And provided further, That without any effect or 8 limitation upon any other defenses, a good faith reliance on 9 a court order or legislative authorization shall constitute a 10 complete defense to any claim or suit arising under the 11 Constitution of the United States, but, notwithstanding the 12 existence of such defense, the United States shall, when it 13 has determined that the officer or employee was acting 14 within the scope of his office or employment or under color 15 thereof, reimburse the person whose constitutional rights 16 were violated for the actual or compensatory damages 17 sustained.".

18

SEC. 4. Section 2675 (a) of title 28, United States Code, 19 is amended by inserting the following language after "em20 ployment,": "or upon a claim for money damages arising 21 from the violation of the Constitution of the United States 22 by any employee of the Government while acting within 23 the scope of his office or employment or under the color 24 thereof,".

1

2

3

4

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

4 by sections 1346 (b) and 2672 of this title for claims for 5 injury or loss of property or personal injury or death re6 sulting from the negligent or wrongful act or omission of any 7 employee of the Government while acting within the scope 8 of his office or employment or for claims arising from the 9 violation of the Constitution of the United States by any 10 employee of the Government while acting within the scope 11 of his office or employment or while acting under the color 12 thereof is exclusive of any other civil action or proceeding 13 arising out of or relating to the same subject matter against 14 the employee whose violation or act or omission gave rise to 15 the claim, or against the estate of such employee.".

16

SEC. 6. Section 2679 (d) of title 28, United States

17 Code, is amended to read as follows:

18

"(d) (1) Upon certification by the Attorney General 19 that the defendant employee was acting within the scope of 20 his office or employment, or in claims arising under the 21 Constitution of the United States that the employee was 22 acting within the scope of his office or employment or under 23 the color thereof, at the time of the incident out of which the 24 suit arose any such civil action or proceeding commenced 25 in a United States district court shall be deemed an action