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with the law of the place where the act or omission occurred. Subject to the provisions of this Act, [In respect to such claims] the United States shall be liable in respect to such claims to the same claimants, in the same manner and to the same extent as a private individual under like circumstances, except that the United States shall not be liable for punitive damages, interest, or costs. The judgment in such an action 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. No suit shall be instituted pursuant to this section upon a claim presented to any Federal agency pursuant to title II of this Act unless such Federal agency has made final disposition of the claim: Provided, That the claimant may, upon fifteen days' notice given in writing, withdraw the claim from consideration of the Federal agency and commence suit thereon pursuant to this section: Provided further, That as to any claim so disposed of or so withdrawn, no suit shall be instituted pursuant to this section for any sum in excess of the amount of the claim presented to the Federal agency, except where the increased amount of the claim is shown to be based upon newly discovered evidence not reasonably discoverable at the time of presentation of the claim to the Federal agency or upon evidence of intervening facts, relating to the amount of the claim. Disposition of any claim made pursuant to title II of this Act shall not be competent evidence of liability or amount of damages in proceedings on such claim pursuant to this section.

SEC. 302. In actions under this title, the forms of process, writs, pleadings, and motions, and the practice and procedure, shall be in accordance with the rules promulgated by the Supreme Court pursuant to the Act of June 19, 1934 (ch. 651, 48 Stat. 1064); and the same provisions for counterclaim and set-off and for payment of judgments shall be applicable as in cases brought in the United States district courts under the Act of March 3, 1887 (24 Stat. 505).

SEC. 303. The United States Court of Claims shall have appellate jurisdiction to review by appeal final judgments in the district courts under this title, and notwithstanding section 128 of the Judicial Code, as amended, section 4 of the Act of February 13, 1925 (ch. 229, 43 Stat. 939), and section 26 of title 18 of the Code of the District of Columbia, or any other provision of law, judgments under this title shall not be subject to review in the circuit courts of appeals; and sections 239 and 240 of the Judicial Code, as amended, shall, as to cases under this title, apply to such cases in the United States Court of Claims to the same extent as to cases in a circuit court of appeals therein referred to. Such appeals to the United States Court of Claims shall be taken within three months after the entry of the judgment of the district court, and shall be governed by the rules relating to appeals from a district court to a circuit court of appeals adopted by the Supreme Court pursuant to the Act of June 19, 1934 (ch. 651, 48 Stat. 1064). In such appeals the United States Court of Claims shall have the same powers and duties as those conferred on a circuit court of appeals in respect to appeals under section 4 of the Act of February 13, 1925 (ch. 229, 43 Stat. 939).

[SEC. 202. At the instance of the Attorney General or claimant or the appropriate United States attorney, the deposition of any witness may be taken in behalf of the United States or of the claimant, as the case may be, at any time, either before or after the institution of any action hereunder. Reasonable notice of the time and place of the taking of such deposition shall be given to the claimant or his attorney. The claimant or his attorney shall have the privilege of cross-examining such witness. Any deposition so taken may be used by either party in any action arising out of such claim.]

SEC. [203] 304. With a view to doing substantial justice, the Attorney General is [hereby authorized to arbitrate, compromise, or settle any claim cognizable under this title, [either before or] after the institution of any suit thereon.

[SEC. 204. Compensation for death shall be awarded and paid to the widow or widower, or, if there is no widow or widower, then to the children, share and share alike; if there be no widow or widower or children, then to any parent, including an adopted parent or a stepfather or stepmother, grandparent, brother, sister, uncle, aunt, nephew, or niece, who may have been wholly or partially dependent for support on the deceased at the time of the death, in such proportions as the court shall decree, or as may be agreed upon between the parties. The term "children" shall include an adopted child, a stepchild, and an illegitimate child. In case the claim is for the death of the father, only such illegitimate child shall be included, whose paternity has been duly adjudicated during the lifetime of the parent or had been acknowledged in writing by him.]

TITLE [III] IV

PROVISIONS COMMON TO TITLE [1] II AND TITLE [1] 1/1

SEC. [301] 401. Every claim against the United States cognizable under this Act shall be forever barred, unless within one year after such claim accrued it is presented in writing to the [department or independent establishment] Federal agency out of whose activities it arises, if such claim is for a sum not exceeding $1,000; or unless within one year after such claim accrued [a complaint setting forth a statement thereof is filed in a district court of the United States including the United States District Court for Hawaii or in the Court of Claims] an action is begun pursuant to title III of this Act. In the event that a claim for a sum not exceeding $1,000 is presented to [the department or independent establishment] a Federal agency as aforesaid, the time to [file a complaint in such court] institute a suit pursuant to title III of this Act shall be extended for a period of six months from the date of mailing of notice to the claimant by such [department or independent establishment] Federal agency as to the final disposition of the claim or from the date of withdrawal of the claim from such Federal agency pursuant to section 301 of this Act, if it would otherwise expire before the end of such period. [SEC. 302. No award shall be made or recovery allowed in the event that the person in control of such property, or the person injured, or the deceased, as the case may be, is guilty of contributory negligence; or in the event that the damage, loss, injury, or death is proximately caused by the intoxication or willful misconduct of such person.]

SEC. [303] 402. The provisions of this Act shall not apply to

(1) Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Government, whether or not the discretion involved be abused.

[(1)] (2) Any claim arising out of the loss [of], miscarriage, or negligent transmission of letters or postal matter.

[(2)] (3) Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods or merchandise by any officer of customs or excise or any other law enforcement officer.

[(3)] (4) Any claim for which a remedy is provided by the Act of March 9, 1920 (U. S. C., title 46, secs. 741-752, inclusive), or the Act of March 3, 1925 (U. S. C., title [45] 46, secs. 781-790, inclusive), relating to claims or suits in admiralty against the United States.

[(4)] (5) Any claim arising out of [the conveyance, transfer, assignment, or delivery of money or other property or out of the payment to or seizure by the President or Alien Property Custodian or his successor of any money or other property,] an act or omission of any employee of the Government in administering the provisions of the Trading with the Enemy Act, as amended.

[(5)] (6) Any claim for damages caused by the imposition or establishment of a quarantine by the United States.

[(6)] (7) Any claim arising from injury to vessels, or to the cargo, crew, or passengers of vessels, while passing through the locks of the Panama Canal or while in Canal Zone waters.

[(7) Any claim for damages caused by the administration of any law or laws by the Federal Trade Commission or by the Securities and Exchange Commission.] (8) Any claim for which compensation is provided by the Federal Employees' Compensation Act, as amended, or by the World War Veterans' Act of 1924, as amended.

(9) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.

(10) Any claim for damages caused by the fiscal operations of the Treasury or by the regulations of the monetary system.

(11) Any claim arising out of the activities of the military or naval forces, or the Coast Guard, during time of war.

(12) Any claim arising in a foreign country [in behalf of an alien].

[SEC. 304. No recovery shall be had for the aggravation of personal injury or for death resulting therefrom, caused by an unreasonable neglect or refusal of claimant to submit to or procure medical or surgical treatment.]

[SEC. 305. The Attorney General, the appropriate United States attorney, or the department or independent establishment before which a claim is filed may

require any claimant for damages for personal injury to submit to examination by one or more medical officers of the department or independent establishment under whose activities the claim arises or, with the consent and approval of the head of any other department or independent establishment, by one or more medical officers of such department or independent establishment, or by other duly qualified physicians designated or approved by the Department of Justice. Such examinations shall be had as frequently and at such times or places as may be reasonably required. For failure to submit to such examination or examinations, the court or the department or the independent establishment, as the case may be, in its discretion may dismiss the claim in whole or in part. At the request of the injured person a duly qualified physician, designated by him, may be present and participating at such examination or examinations. Counsel for such person may likewise be present at such examination. In the event that the injured person is required to travel to the place where the examination takes place, he shall be paid his reasonable transportation and subsistence expenses.] SEC. [306] 403. If the damage, loss, injury, or death with respect to which a claim is made pursuant to this Act is caused under circumstances creating a legal liability on the part of some person other than an [officer, agent, or] employee of the Government [or upon some corporation, State, or political subdivision] to pay damages therefor, jointly or severally with the United States, [then, and in that event, the recovery] the award or judgment against the United States shall be only for the pro rata share of the damages in proportion to the number of parties so jointly or severally liable.

[SEC. 307. In cases in which an award made pursuant to section 203 or a judgment for the plaintiff rendered under section 201 of this Act includes damages or compensation for physical injuries alleged to be permanent or for temporary physical injuries from which the claimant has not recovered at the time of the award or judgment, as the case may be, such award or judgment, in the discretion of the Attorney General or the court, as the case may be, may provide that a part of the amount awarded shall be paid in a lump sum and the balance in monthly installments. In such event, the award or judgment shall fix the number of installments and the amount of each installment. If the claimant recovers from his injuries prior to the payment of all installments so directed to be paid, installments accruing subsequently to the date of the recovery shall not be paid.] [SEC. 308. In the event that any claimant under this Act dies prior to the making of any award, or the rendering of any judgment hereunder, or prior to the payment thereof, and the amount of such award or judgment does not exceed the sum of $200, payment thereof may be made directly to the person or persons designated in section 204 hereof.]

SEC. [309] 404. The court [in] rendering a judgment for plaintiff [under] pursuant to title III of this Act, or [any official arbitrating, compromising, or settling a claim] the head of the Federal agency or his designee making an award pursuant to title II of this Act, or the Attorney General making a disposition pursuant to section 304 of this Act, as the case may be, may, as a part of the judgment, award, or settlement [or determination], determine and allow reasonable attorneys' fees, which [shall not exceed 20 per centum of the amount recovered as to claims prosecuted under title II, and shall not exceed 10 per centum of the amount recovered as to claims filed under title I], if the recovery is $500 or more, shall not exceed 10 per centum of the amount recovered under title II or 20 per centum of the amount recovered under title III, to be paid out of but not in addition to the amount of judgment, award, or settlement recovered, to the attorneys representing the claimant. Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed under this section, if recovery be had, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be subject to a fine of not more than $2,000, or imprisonment for not more than one year, or both.

SEC. 405. From and after the date of approval of this Act, the authority of any Federal agency to sue and be sued in its own name shall not be construed to authorize suits against such Federal agency on claims which are cognizable under title III of this Act, and the remedies provided by this Act in such cases shall be exclusive.

SEC. [310] 406. (a) All provisions of law authorizing any Federal agencies to consider, ascertain, adjust, or determine claims on account of damage to or loss of property, or on account of personal injury or death, caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, are hereby repealed in respect of claims cognizable under title II of this Act and accruing after the date of approval of this Act, including but without

limitation the provisions granting such authorization now contained in the following laws:

Public Law Numbered 375, [chapter 17,] Sixty-seventh Congress, [fourth session] approved December 28, 1922 (ch. 17, 42 Stat. 1066; 31 U. S. C., secs. 215–217) Lis hereby repealed: Provided, however, That any claim accruing thereunder prior to the approval of this Act may be presented, considered, ascertained, adjusted, and determined in the manner therein prescribed].

Public Law Numbered 163, Seventy-fifth Congress, approved June 28, 1937 (ch. 383, 50 Stat. 321; 16 U. S. C., sec. 584-0).

Public Law Numbered 267, Sixty-sixth Congress, approved June 5, 1920 (ch. 256, 41 Stat. 1054; 33 U. S. C., sec. 853).

Public Law Numbered 481, Seventy-fourth Congress, approved March 20, 1936 (ch. 159, 49 Stat. 1184; 5 U. S. C., sec. 300 (b)).

Section 4 of the River and Harbor Act, approved June 25, 1910, as amended by the Act of June 5, 1920 (41 Stat. 1015, 33 U. S. C., sec. 564).

Public Law Numbered 338, Sixty-second Congress, approved August 24, 1912 (ch. 391, sec. 1, 37 Stat. 586; 5 U. S. C., sec. 208).

Public Law Numbered 182, Sixty-fifth Congress approved July 1, 1918 (ch. 114, 40 Stat. 705; 34 U. S. C., sec. 600).

Section 4 of Public Law Numbered 18, Sixty-seventh Congress, approved June 16, 1921 (ch. 231, 42 Stat. 63), as amended by Public Law Numbered 456, Seventythird Congress, approved June 22, 1934 (ch. 717, 48 Stat. 1207; 5 U. S. C., sec. 392). [SEC. 311. Except as hereinabove provided, nothing contained in this Act shall be construed as a repeal of any existing Act or Acts conferring upon any department or independent establishment the power or authority to consider, ascertain, settle, adjust, compromise, determine, certify, or pay any claims against the United States.]

(b) 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 title II of this Act.

SEC. 407. If any provision of this Act, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.

[SEC. 312. This Act may be cited as the "Federal Tort Claims Act.”]

Hon. HATTON W. SUMNERS,

OFFICE OF THE ATTORNEY GENERAL,
Washington, D. C., January 29, 1942.

House of Representatives, Washington, D. C.

MY DEAR MR. SUMNERS: I am happy to see that H. R. 6463 has been introduced and that your committee has undertaken to give it active consideration. This bill, in my view, fully carries out the objectives of the President's message, and its early enactment is highly desirable. I regret that I was out of town when the hearings on the bill were held before your committee and that it was not possible for me to appear personally to state my own feelings as to the urgency for such legislation and to support this bill.

With kindest regards,

Sincerely yours,

FRANCIS BIDDLE, Attorney General.

The CHAIRMAN. Mr. Shea, I understand you are here to speak in explanation of these various amendments and you may proceed.

STATEMENT OF ASSISTANT ATTORNEY GENERAL FRANCIS M. SHEA

Mr. SHEA. Gentlemen, I think you all have before you three documents which have been designed to give you the necessary mechanical aids in regard to the bills under consideration.

H. R. 6463 is the Federal Tort Claims bill with the suggested amendments.

The committee print, H. R. 5373, shows all the changes made by H. R. 6463 in the bill you were previously considering, H. R. 5373. Then there is a committee print containing an extended explanatory memorandum and several appendices. [The memorandum referred to is shown at the end of this statement.]

Appendix I shows the list of statutes to be repealed.
The CHAIRMAN. Has that been distributed?
Mr. SHEA. Yes, Mr. Chairman.

Appendix II contains criticisms of the existing procedure of relief by private bill, culled from the statements of Congressmen who have given consideration to this matter. It sets forth the statements and analyses of various members of the Claims Committee and other members of Congress, showing the great need for a measure of this character.

Appendix III is a summary of private claim bills before several recent Congresses.

Appendix IV lists, in parallel columns, the changes made by H. R. 6463 in the prior bill that you considered (H. R. 5373), with comments and reasons for the changes.

I have here a written statement which I prepared, but I think I shall omit the first few pages of it, because they deal with the historical background of the Government's immunity from suit, the gradual voluntary renunciation of that immunity, and the many attempts to enact legislation authorizing suit on tort claims. I think that this Committee has already indicated its conviction that a bill of this character is necessary. However, the entire written statement is offered for inclusion in the record of the hearing, if that is satisfactory. The bill, H. R. 6463, follows the lines of the prior bill that you were considering, H. R. 5373. Its modifications are on the whole minor. Some time has passed since H. R. 5373 was introduced and it has been possible to give it a further year of consideration, and inevitably a year of consideration leads to various suggestions.

The CHAIRMAN. Speak just a little bit louder, Mr. Shea. The accoustics are not very good in this room.

Mr. SHEA. The consequence is that there are some changes which are in my opinion very desirable, but at bottom H. R. 6463 is the bill which you previously have considered.

I think it would be most helpful to the committee, if you are willing, if I should go through the new bill, discuss it briefly, and point out to you the changes from the bill which has previously been given consideration by the committee.

Title I of the new bill contains definitions of certain words and phrases which make it clear that the act covers all Federal agencies, including corporate instrumentalities, and all Federal officers and employees, including members of the military and naval forces and temporary and uncompensated employees.

Title II provides for administrative adjustment of tort claims against the United States up to $1,000, to be exercised by the head of the agency or his designee. Administrative settlement may be made not only of claims for property loss and damage (as may now be done under the 1922 act), but also of claims for personal injury and death. Awards made by the Federal agency are final and con

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