28 U.S.C. § 2673 — Reports to Congress

Page 640 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2673 The phrase ‘‘accruing on and after January 1, 1945’’ was omitted because executed as of the date of the en- actment of this revised title. Changes were made in phraseology. 1949 ACT This section corrects a typographical error in section 2672 of title 28, U.S.C. Editorial Notes AMENDMENTS 1990—Pub. L. 101–552 inserted at end of first par. ‘‘Notwithstanding the proviso contained in the pre- ceding sentence, any award, compromise, or settlement may be effected without the prior written approval of the Attorney General or his or her designee, to the ex- tent that the Attorney General delegates to the head of the agency the authority to make such award, com- promise, or settlement. Such delegations may not ex- ceed the authority delegated by the Attorney General to the United States attorneys to settle claims for money damages against the United States. Each Fed- eral agency may use arbitration, or other alternative means of dispute resolution under the provisions of subchapter IV of chapter 5 of title 5, to settle any tort claim against the United States, to the extent of the agency’s authority to award, compromise, or settle such claim without the prior written approval of the Attorney General or his or her designee.’’ 1966—Pub. L. 89–506 substituted ‘‘claims’’ for ‘‘claims of $2,500 or less’’ in section catchline, authorized ad- ministrative settlement of tort claims, in accordance with regulations prescribed by the Attorney General, of up to $25,000 and, with the prior written approval of the Attorney General or his designee, in excess of $25,000, inserted ‘‘compromise’’ and ‘‘settlement’’ to list of ad- ministrative acts that would be final and conclusive on all officers of the government, authorized the payment of administrative settlements in excess of $2,500 in the manner similar to judgments and compromises in like causes, and made appropriations and funds which were available for the payment of such judgments and com- promises available for the payment of awards, com- promises, or settlements under this chapter. 1959—Pub. L. 86–238 substituted ‘‘$2,500’’ for ‘‘$1,000’’ in section catchline and text. 1950—Act Sept. 23, 1950, struck out requirement for specific authorization for payment of tort claims in ap- propriation acts. 1949—Act Apr. 25, 1949, inserted ‘‘accruing on or after January 1, 1945’’ after ‘‘United States’’ in first par. Act May 24, 1949, substituted ‘‘2677’’ for ‘‘2678’’ in third par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–506, § 10, July 18, 1966, 80 Stat. 308, provided that: ‘‘This Act [amending this section, sections 2401, 2671, 2675, 2677, 2678, and 2679 of this title, section 724a of former Title 31, Money and Finance, and former sec- tion 4116 of Title 38, Veterans’ Benefits], shall apply to claims accruing six months or more after the date of its enactment [July 18, 1966].’’ LAWS UNAFFECTED Act Aug. 2, 1946, ch. 753, title IV, § 424(b), 60 Stat. 847, provided that: ‘‘Nothing contained herein shall be deemed to repeal any provision of law authorizing any Federal agency to consider, ascertain, adjust, settle, determine, or pay any claim on account of damage to or loss of property or on account of personal injury or death, in cases in which such damage, loss, injury, or death was not caused by any negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment, or any other claim not cognizable under part 2 of this title.’’ § 2673. Reports to Congress The head of each federal agency shall report annually to Congress all claims paid by it under section 2672 of this title, stating the name of each claimant, the amount claimed, the amount awarded, and a brief description of the claim. (June 25, 1948, ch. 646, 62 Stat. 983.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 922 (Aug. 2, 1946, ch. 753, § 404, 60 Stat. 843). Changes were made in phraseology. Statutory Notes and Related Subsidiaries REPEAL Pub. L. 89–348, § 1(1), Nov. 8, 1965, 79 Stat. 1310, re- pealed the requirement that an annual report to Con- gress be made of the administrative adjustment of tort claims of $2,500 or less, stating the name of each claim- ant, the amount claimed, the amount awarded, and a brief description of the claim. § 2674. Liability of United States The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same ex- tent as a private individual under like cir- cumstances, but shall not be liable for interest prior to judgment or for punitive damages. If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof. With respect to any claim under this chapter, the United States shall be entitled to assert any defense based upon judicial or legislative immu- nity which otherwise would have been available to the employee of the United States whose act or omission gave rise to the claim, as well as any other defenses to which the United States is entitled. With respect to any claim to which this sec- tion applies, the Tennessee Valley Authority shall be entitled to assert any defense which otherwise would have been available to the em- ployee based upon judicial or legislative immu- nity, which otherwise would have been available to the employee of the Tennessee Valley Au- thority whose act or omission gave rise to the claim as well as any other defenses to which the Tennessee Valley Authority is entitled under this chapter. (June 25, 1948, ch. 646, 62 Stat. 983; Pub. L. 100–694, §§ 4, 9(c), Nov. 18, 1988, 102 Stat. 4564, 4567.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 931(a) (Aug. 2, 1946, ch. 753, § 410(a), 60 Stat. 843). Section constitutes the liability provisions in the second sentence of section 931(a) of title 28, U.S.C., 1940 ed. Other provisions of section 931(a) of title 28, U.S.C., 1940 ed., are incorporated in sections 1346(b), 1402, 2402,