28 U.S.C. § 2674 — Liability of United States

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, Page 641 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2677 2411, and 2412 of this title, but the provision of such sec- tion 931(a) that the United States shall not be liable for interest prior to judgment was omitted as unnecessary in view of section 2411 of this title, which provides that interest on judgments against the United States shall be computed from the date of judgment. Such section 2411 is made applicable to tort-claim actions by section 932 of title 28, U.S.C., 1940 ed. Changes were made in phraseology. SENATE REVISION AMENDMENT For Senate amendment to this section, see 80th Con- gress Senate Report No. 1559, amendment No. 60. Editorial Notes AMENDMENTS 1988—Pub. L. 100–694 inserted two pars. at end enti- tling the United States and the Tennessee Valley Au- thority to assert any defense based upon judicial or leg- islative immunity. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–694 effective Nov. 18, 1988, and applicable to all claims, civil actions, and pro- ceedings pending on, or filed on or after, Nov. 18, 1988, see section 8 of Pub. L. 100–694 set out as a note under section 2679 of this title. § 2675. Disposition by federal agency as pre- requisite; evidence (a) An action shall not be instituted upon a claim against the United States for money dam- ages for injury or loss of property or personal in- jury or death caused by the negligent or wrong- ful act or omission of any employee of the Gov- ernment while acting within the scope of his of- fice or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been fi- nally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be as- serted under the Federal Rules of Civil Proce- dure by third party complaint, cross-claim, or counterclaim. (b) Action under this section shall not be insti- tuted for any sum in excess of the amount of the claim presented to the federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the fed- eral agency, or upon allegation and proof of in- tervening facts, relating to the amount of the claim. (c) Disposition of any claim by the Attorney General or other head of a federal agency shall not be competent evidence of liability or amount of damages. (June 25, 1948, ch. 646, 62 Stat. 983; May 24, 1949, ch. 139, § 126, 63 Stat. 107; Pub. L. 89–506, § 2, July 18, 1966, 80 Stat. 306.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 931(b) (Aug. 2, 1946, ch. 753, § 410(b), 60 Stat. 844). Section constitutes all of section 931(b), except the first sentence, of title 28, U.S.C., 1940 ed. The remainder of such section 931(b) is incorporated in section 2677 of this title. Changes were made in phraseology. 1949 ACT This section corrects a typographical error in section 2675(b) of title 28, U.S.C. Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. AMENDMENTS 1966—Subsec. (a). Pub. L. 89–506, § 2(a), required that all administrative claims be filed with the agency or department and finally denied by the agency and sent by certified or registered mail prior to the filing of a court action against the United States, provided that the claimant be given the option of considering the claim to have been denied if the agency fails to make final disposition of the claim within six months of pres- entation of the claim to the agency, and provided that the requirements of the subsection would not apply to claims asserted under the Federal Rules of Civil Proce- dure by third party complaint, cross-claim, or counter- claim. Subsec. (b). Pub. L. 89–506, § 2(b), struck out provi- sions under which a claimant could, upon 15 days writ- ten notice, withdraw a claim from the agency and insti- tute an action thereon. 1949—Subsec. (b). Act May 24, 1949, substituted ‘‘sec- tion’’ for ‘‘subsection’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–506 applicable to claims ac- cruing six months or more after July 18, 1966, see sec- tion 10 of Pub. L. 89–506, set out as a note under section 2672 of this title. § 2676. Judgment as bar The judgment in an action under section 1346(b) of this title shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim. (June 25, 1948, ch. 646, 62 Stat. 984.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 931(b) (Aug. 2, 1946, ch. 753, § 410(b), 60 Stat. 844). Section constitutes the first sentence of section 931(b) of title 28, U.S.C., 1940 ed. Other provisions of such section 931(b) are incorporated in section 2675 of this title. Changes were made in phraseology. SENATE REVISION AMENDMENT This section was eliminated by Senate amendment. See 80th Congress Senate Report No. 1559. § 2677. Compromise The Attorney General or his designee may ar- bitrate, compromise, or settle any claim cog- nizable under section 1346(b) of this title, after the commencement of an action thereon. (June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89–506, § 3, July 18, 1966, 80 Stat. 307.)