Summary: S.2500 — 100th Congress (1987-1988)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Indefinitely postponed in Senate (10/12/1988)

(Measure indefinitely postponed in Senate (See H.R. 4612 as passed Senate for similar provisions))

Federal Employees Liability Reform and Tort Compensation Act of 1988 - Amends the Federal Tort Claims Act to include the judicial and legislative branches of Government within the definition of the term "Federal agency."

States that, for actions brought under such Act, the United States shall be entitled to all defenses otherwise available to an employee of the United States which are based upon judicial or legislative immunity.

Makes such Act the exclusive remedy for actions brought against the United States for injury or loss of property, personal injury, or death resulting from the negligent or wrongful act or omission of a Government employee acting within the scope of his or her office or employment. States that this restriction shall not apply to cognizable actions against Government employees for money damages for a violation of the Constitution.

Provides that, upon certification by the Attorney General or the court that the employee was acting within the scope of the employee's office or employment at the time of the incident out of which the claim arose, any action commenced upon such claim in a U.S. district court shall be deemed an action against the United States under the provisions of such Act, and the United States shall be substituted as the party defendant. States that such certification shall conclusively establish scope of office or employment for the purpose of removing such an action to a U.S. district court.

Institutes a corresponding framework with respect to comparable actions against the Tennessee Valley Authority, making the TVA the Attorney General's counterpart for certification purposes.