H. R. 5373 PRESENT BILL 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. COMMENTS This provision in the present bill is intended to terminate any existing tort liability of a Federal agency such as a Government corporation, based upon its authority to sue and be sued. In respect of such claims, the reason for separate liability of the corporate agency would no longer apply after the United States itself became answerable. Hence, the bill would place Federal corporate instrumentalities on a par with the executive departments and independent establishments, insofar as claims sounding in tort are concerned. PRESENT BILL SEC. 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act or omission of any employee of the Government while acting within the scope of his office or employment, are hereby repealed in respect of claims cognizable under title II of this Act and accruing after the date of approval of this Act, including but without limitation the provisions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, 67th Congress, approved December 28, 1922 (ch. 17, 42 Stat. 1066; 31 U. S. C., secs. 215-217). Public Law Numbered 163, 75th Congress, approved June 28, 1937 (ch. 383, 50 Stat. 321; 16 U. S. C., secs. 584-0). Public Law Numbered 267, 66th Congress, approved June 5, 1920 (ch. 256, 41 Stat. 1054; 33 U. S. C., sec. 853). Public Law Numbered 481, 74th 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, 62d Congress, approved August 24, 1912 (ch. 391, sec. 1, 37 Stat. 586; 5 U. S. C., sec. 208). H. R. 5373 SEC. 310. Public Law Numbered 375, chapter 17, Sixty-seventh Congress, fourth session, approved December 28, 1922 (42 Stat. 1066) is hereby repealed: Provided, however, That any claim accruing thereunder prior to the approval of this Act may be presented, considered, ascertained, adjusted and determined in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. PRESENT BILL Public Law Numbered 182, 65th Congress, approved July 1, 1918 (ch. 114, 40 Stat. 705; 34 U. S. C., sec. 600). Section 4 of Public Law Numbered 18, 67th Congress, approved June 16, 1921 (ch. 231, 42 Stat. 63), as amended by Public Law Numbered 456, 73d Congress, approved June 22, 1934 (ch. 717, 48 Stat. 1207; 5 U. S. C., sec. 392). (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. H. R. 5373 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. COMMENTS In addition to the act of December 28, 1922, the present bill would also repeal other provisions of law authorizing administrative adjustment of tort claims founded upon negligent or wrongful conduct of a Federal employee acting within the scope of his authority, to the extent that such claims are cognizable under title II of the bill. Thus, under the present bill, claims accruing after its approval and cognizable by a Federal agency under title II thereof, may not administratively be adjusted under any other provision of law. Claims which may be adjusted under existing provisions of law irrespective of negligence on the part of the Government employee, or which for any other reason do not fall within the scope of the bill, may continue to be dealt with as at present. PRESENT BILL 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. COMMENTS H. R. 5373 The provision concerning separability is patterned after a similar provision appearing in several statutes now in effect. |