A bill entitled the "Government Accountability Act of 1983."

Summary

Amends the Federal Tort Claims Act (FTCA) to include Federal liability for the constitutional torts of Federal employees acting within the scope of employment. Limits money damages for such torts to specified amounts. Makes the remedy provided by the FTCA exclusive of any other civil action arising out of the same subject matter. Substitutes such remedy for any recovery against the Federal employee's individual capacity. Requires that the United States be substituted as party defendant upon certification by the Attorney General that the defendant employee was acting within the scope of employment. Makes such certification binding and conclusive. Declares that upon removal of a civil action from a State court to a U.S. district court, the United States is entitled to all defenses to which it would have been entitled had the action been originally commenced under this Act. Directs the Attorney General, where an action results in a judgment against the United States, to forward the matter to the employing agency for further investigation or disciplinary action. Eliminates as exceptions to the FTCA the following torts: assault, battery, false imprisonment, false arrest, malicious prosecution and abuse of process. Exempts specified agencies from tort claims arising under the Constitution. Authorizes specified agencies to provide liability insurance for employees performing medical functions under employment conditions where the United States would not be liable for employee's actions. Exempts U.S. employees acting within the scope of employment from civil liability for: (1) unlawfully intercepting or disclosing wire or oral communications; and (2) conducting electronic surveillance or disclosing information obtained by electronic surveillance.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 1 March 1983

  Open at official source

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