[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1371 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1371

To amend the Federal tort claims provisions of title 28, United States 
  Code, to repeal the exception for claims arising outside the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 1999

     Ms. Norton (for herself, Ms. Carson, Mr. Conyers, Mr. Farr of 
  California, Mr. Forbes, Mr. Frost, Mr. Frank of Massachusetts, Mr. 
Gekas, Ms. Jackson-Lee of Texas, Mr. King, Mr. Kennedy of Rhode Island, 
Mrs. Lowey, Mrs. Meek of Florida, Mr. Payne, Ms. Pelosi, Mr. Shays, Mr. 
Stark, and Mr. Wynn) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Federal tort claims provisions of title 28, United States 
  Code, to repeal the exception for claims arising outside the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CLAIMS ARISING OUTSIDE THE UNITED STATES.

    (a) Exception.--Section 2680 of title 28, United States Code, is 
amended by striking subsection (k).
    (b) Applicable Law.--In an action brought under section 1346(b) of 
title 28, United States Code, for a claim arising in a foreign country, 
the court shall apply the law of the domicile of the plaintiff in such 
claim.

SEC. 2. CLAIMS FOR GROSS NEGLIGENCE.

    Sections 2674 of title 28, United States Code, is amended by adding 
at the end the following:
    ``Notwithstanding section 8116(c) of title 5, United States Code, 
an officer or employee of the United States may bring an action under 
this chapter against the United States which is based on the gross 
negligence of an officer or employee of the United States.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by sections 1 and 2 shall apply with respect to 
actions which occurred on or after April 3, 1996.
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