To amend title 28 of the United States Code to provide for a remedy against the United States for claims based upon conduct involving human experimentation, to provide a remedy against the United States with respect to constitutional and human rights violations, and for other purposes.

Summary

TABLE OF CONTENTS: Title I: Federal Tort Claims Amendments Title II: Constitutional and Human Rights Violations Title I: Federal Tort Claims Amendments - Makes the Federal Tort Claims Act applicable to any claim arising out of: (1) conduct or research involving a human being as an experimental subject without the informed consent of the subject or a legal representative; (2) the subjection of a human being to any experimental chemical, radiological, or biological agent, drug, or other test article without informed consent; and (3) operations of any federally owned nuclear weapons facility involved in the production of nuclear weapons under the authority of the Secretary of Energy or any predecessor. Title II: Constitutional and Human Rights Violations - Grants the district courts exclusive jurisdiction of civil actions on claims for money damages based on constitutional torts. Authorizes the head of each Federal agency to compromise and settle any claim for money damages based on a constitutional tort, except that any award, compromise, or settlement in excess of $25,000 shall be effected only with the Attorney General's prior written approval. Sets forth provisions regarding limits on the liability of the United States, disposition by a Federal agency as a prerequisite to court action, jury trial requirements, the effect of certain judgments as a bar to an action, the Attorney General's authority to compromise such a claim, attorney's fees, exclusiveness of remedy, and administrative action concerning the responsible employee when a judgment is awarded against, or a settlement is paid by, the United States. Establishes a statute of limitations of: (1) three years for claims arising out of unlawful human experimentation; and (2) two years for claims against the United States for money damages based on a constitutional tort, with exceptions.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 1 August 1996

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• Introduced in House (PDF)

  Introduced in House · EN · 1 August 1996

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• Introduced in House

  summary · EN · 1 August 1996

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