The FTCA's Limitations

Paper Summary:

The paper explains that the 1946 Federal Tort Claims Act (FTCA) was intended to provide citizens and private entities with the ability to hold the United States government accountable for negligent actions. The paper discusses how since judges use their own discretion in interpreting the FTCA and how it applies to issues concerning security agencies, there is no set standard that citizens can rely on. The paper asserts that there must be reforms in order for this legislation to again function as intended for the country.

From the Paper:

"The Homeland Security Act of 2002 specifically addressed the FTCA, "limiting tort liability" of the federal government following the 2001 terrorist attacks on the United States ("Homeland", 2005, sec. 1). Yet, the Homeland Security Act also assists private companies by limiting the dollar amount of lawsuits related to terrorist attacks and forces the United States government to be held responsible for amounts exceeding that limit ("Homeland", 2005, sec. 1). The Homeland Security Act further addresses tort issues related to small pox vaccines, air transportation security companies, air carriers, Federal flight deck officers maintaining firearms and the manufacturers of other vaccines distributed throughout the country ("Homeland", 2005, sec. 1)."

Sample of Sources Used:

• Abraham, S. (1995). Litigation tariff. Policy Review. Retrieved August 26, 2006, from http://www.policyreview.org/summer95/thabra.html
• Homeland security act of 2002. (2005). CRS. Retrieved August 26, 2006, from http://www.opencrs.com/rpts/RL31649_20050923.pdf
• Manget, F. (n.d.). Another system of oversight: Intelligence and the rise of judicial intervention. CIA. Retrieved August 26, 2006, from https://www.cia.gov/csi/studies/96unclass/manget.htm

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