« PreviousContinue »
constitute a complete release by the claimant of any claim against the United States and against the employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter. (Aug. 2, 1946, ch. 753, title IV, § 403, 60 Stat. 843.)
Codification.-Chapter was not enacted as a part of the Judicial Code.
Short title.-Congress in enacting this chapter provided by section 401 of act Aug. 2, 1946, cited to text, that it should be popularly known as the “Federal Tort Claims Act".
Repeals.-Section 424 (a) of act Aug. 2, 1946, cited to text, provided in part that "All provisions of law authorizing any Federal agency 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act or omission of any employee of the Government while acting within the scope of his office or employment, are hereby repealed in respect of claims cognizable under part 2 of this title (subchapter I of this chapter) and accruing on and after Jan, 1, 1945."
8 922. Reports to Congress.— The head of each Federal agency shall annually make a report to the Congress of all claims paid by such Federal agency under this subchapter. Such report shall include the name of each claimant, a statement of the amount claimed and the amount awarded, and a brief description of the claim. (Aug. 2, 1946,
a ch. 753, title IV, $ 404, 60 Stat. 843.)
SUBCHAPTER II.-SUITS ON TORT CLAIMS AGAINST THE UNITED STATES
$ 931. Jurisdiction; liability of United States; judgment; election by claimant; amount of suit; administrative disposition as evidence.-(a) Subject to the provisions of this chapter, the United States district court for the district wherein the plaintiff is resident or wherein the act or omission complained of occurred, including the United States district courts for the Territories and possessions of the United States, sitting without a jury, shall have exclusive jurisdiction to hear, determine, and render judgment on any claim against the United States, for money only, accruing on and after January 1, 1945, 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, under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occured. Subject to the provisions of this chapter, the United States shall be liable in respect of 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 interest prior to judgment, or for punitive damages. Costs shall be allowed in all courts to the successful claimant to the same extent as if the United States were a private litigant, except that such costs shall not include attorneys' fees.
(b) 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 subchapter I of this chapter 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 said subchapter shall not be competent evidence of liability or amount of damages in proceedings on such claim pursuant to this section. (Aug. 2, 1946, ch. 753, title IV, $ 410, 60 Stat. 843.)
$ 932. Procedure. In actions under this subchapter, 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 section 723b and 723c of this title; and the same provisions for counterclaim and set-off, for interest upon judgments, and for payment of judgments, shall be applicable as in cases brought in the United States district courts under section 41 (20), 250 (1), (2), 251, 254, 257, 258, 287, 289, 292, 761-765 of this title. (Aug. 2, 1946, ch. 753, title IV, $ 411, 60 Stat. 844.)
$933. Review.—(a) Final judgments in the district courts in cases under this subchapter shall be subject to review by appeal
(1) in the circuit courts of appeals in the same manner and to the same extent as other judgments of the district courts; or
(2) in the Court of Claims of the United States: Provided, That the notice of appeal filed in the district court under rule 73 of the Rules of Civil Procedure following section 723c of this title shall have affixed thereto the written consent on behalf of all the appellees that the appeal be taken to the Court of Claims of the United States. Such appeals to the Court of Claims of the United States 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 sections 723b and 723c of this title. In such appeals the Court of Claims of the United States shall have the same powers and duties as those conferred on a circuit court of appeals in respect to appeals under section 226 of this title.
(b) Sections 346 and 347 of this title, shall apply to cases under this part in the circuit courts of appeals and in the Court of Claims of the United States to the same extent as to cases in a circuit court of appeals therein referred to. (Aug. 2, 1946, ch. 753, title IV, $ 412, 60 Stat. 844.)
$ 934. Compromise and settlement of suits. With a view to doing substantial justice, the Attorney General is authorized to arbitrate, compromise, or settle any claim cognizable under this subchapter. after the institution of any suit thereon, with the approval of the court in which such suit is pending. (Aug. 2, 1946, ch. 753, title IV, § 413, 60 Stat. 845.)
SUBCHAPTER III-MISCELLANEOUS PROVISIONS
$ 941. Definitions.—As used in this chapter, the term
(a) “Federal agency” includes the executive departments and independent establishments of the United States, and corporations whose primary function is to act as, and while acting as, instrumentalities or agencies of the United States, whether or not authorized to sue and be sued in their own names: Provided, That this shall not be construed to include any contractor with the United States.
(b) "Employee of the Government" includes officers or employees of any Federal agency, members of the military or naval forces of the United States, and persons acting on behalf of a Federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation.
(c) “Acting within the scope of his office or employment”, in the case of a member of the military or naval forces of the United States, means acting in line of duty. (Aug. 2, 1946, ch. 753, title IV, § 402,
. 60 Stat. 842.)
§ 942. Statute of limitations.-Every claim against the United States cognizable under this chapter shall be forever barred, unless within one year after such claim accrued or within one year after August 2, 1946, whichever is later, it is presented in writing to the 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 or within one year after August 2, 1946, whichever is later, an action is begun pursuant to subchapter II of this chapter. In the event that a claim for a sum not exceeding $1,000 is presented to a Federal agency as aforesaid, the time to institute a suit pursuant to subchapter II of this chapter shall be extended for a period of six months from the date of mailing of notice to the claimant by such 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 931 of this title, if it would otherwise expire before the end of such period. (Aug. 2, 1946, ch. 753, title IV, § 420, 60 Stat. 845.)
$943. Claims exempted from operation of chapter.—The provisions of this chapter shall not apply to
(a) 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.
(b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter.
(c) 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.
(d) Any claim for which a remedy is provided by sections 741-752, or 781-790 of Title 46, relating to claims or suits in admiralty against the United States.
(e) Any claim arising out of an act or omission of any employee of the Government in administering the provisions of sections 1-38 of Appendix to Title 50.
(f) Any claim for damages caused by the imposition or establishment of a quarantine by the United States.
(g) 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.
(h) 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.
(i) Any claim for damages caused by the fiscal operations of the Treasury or by the regulation of the monetary system,
(j) Any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war.
(k) Any claim arising in a foreign country.
(1) Any claim arising from the activities of the Tennessee Valley Authority. (Aug. 2, 1946, ch. 753, title IV, 8 421, 60 Stat. 845.)
$ 944. Attorney's fees; penalties. The court rendering a judgment for the plaintiff pursuant to subchapter II of this chapter, or the head of the Federal agency or his designee making an award pursuant to subchapter I of this chapter, or the Attorney General making a disposition pursuant to section 934 of this title, as the case may be, may, as a part of the judgment, award, or settlement, determine and allow reasonable attorney's fees, which, if the recovery is $500 or more, shall not exceed 10 per centum of the amount recovered under subchapter I of this chapter, or 20 per centum of the amount recovered under subchapter II of this chapter, 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. (Aug. 2, 1946, ch. 753, title IV, $ 422, 60 Stat. 846.)
$945. Exclusiveness of chapter.-From and after August 2, 1946, 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 subchapter II of this chapter, and the remedies provided by this chapter in such cases shall be exclusive. (Aug. 2, 1946, ch. 753, title IV, $ 423, 60 Stat. 846.)
$ 946. Laws unaffected.-Nothing contained in this chapter 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 subchapter I of this chapter. (Aug. 2, 1946, ch. 753, title IV, § 424 (b), 60 Stat. 847.)
Codification.-Section comprised subsec. (b) of section 424 of act Aug. 2, 1946, cited to text. Subsec. (a) of said section is set out as a note under section 921 of this title.
TITLE 30-MINERAL LANDS AND MINING
Mining Lands and Regulations Generally Sec. 12. Preservation of technical and economic records of domestic sources of ores
of metals and minerals. 29, 30, 33, 34, 39. Transfer of functions.
Leases and Prospecting Permits 181. Lands subject to disposition; persons not entitled to benefits; helium rights
reserved. 184. Limitation on number of leases to one person; combinations or unlawful
trusts; options. 187a. Same; oil or gas leases; partial assignments. 187b. Same; oil or gas leases; written relinquishment of rights; release of
obligations. 188. Forfeiture or cancellation of leases. 188a. Surrender of leases. 192. Payment of royalties in oil or gas; sale of such oil or gas. 194. Fees and commissions of registers. 209. Waiver, suspension or reduction of rentals or royalties, etc. 223a. Repealed. 225. Condition of lease; forfeiture for violation. 226. Lease of oil or gas lands; royalties and annual rentals; drainage agreements. 226a. Repealed. 226b. Repealed. 226c. Reduction of royalties under existing leases. 226d. Exchange of leases; rovalties. 226e. Cooperative or unit plans; regulations; approval of contracts; prevention
of waste. 227-229. Transfer of functions of General Land Office to Bureau of Land Man
agement. 236b. Leases within naval petroleum reserves; effect of other laws. 261-263. Surrender of leases, see sec. 188a. 285. Laws applicable.
MINING LANDS AND REGULATIONS GENERALLY
$ 12. Preservation of technical and economic records of domestic sources of ores of metals and minerals.—(a) After the termination of hostilities in the present war or at such date prior or subsequent thereto as the agency may determine all files and records which relate to the technological and economic phases of domestic sources, supply, and benefication of the ores and metals and minerals, and which no longer are required in the conduct of the business of the various governmental agencies (including Government owned or controlled corporations) dealing with such matters, shall be transferred to and consolidated in the possession of the Bureau of Mines.
(b) Whenever an agency having custody of any such files and records determines that it has no further need therefor, it shall immediately notify the Bureau of Mines. Upon receipt of such notification the Bureau of Mines, with the aid and advice of the staff of such agency, shall carefully examine such files and records, eliminate extraneous and duplicative material therefrom, and classify the data contained therein in such form as will be of greatest permanent value