Federal Tort Claims Act Text
Text of the Federal Tort Claims Act:
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28 USC CHAPTER 171 - TORT CLAIMS PROCEDURE 01/07/2011
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 171 - TORT CLAIMS PROCEDURE
-HEAD-
CHAPTER 171 - TORT CLAIMS PROCEDURE
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Sec.
2671. Definitions.
2672. Administrative adjustment of claims.
2673. Reports to Congress.
2674. Liability of United States.
2675. Disposition by federal agency as prerequisite;
evidence.
2676. Judgment as bar.
2677. Compromise.
2678. Attorney fees; penalty.
2679. Exclusiveness of remedy.
2680. Exceptions.
SENATE REVISION AMENDMENT
As printed in this report, this chapter should have read "173"
and not "171". It was properly numbered "173" in the bill. However,
the chapter was renumbered "171", without change in its section
numbers, by Senate amendment. See 80th Congress Senate Report No.
1559.
AMENDMENTS
1966 - Pub. L. 89-506, Sec. 9(b), July 18, 1966, 80 Stat. 308,
substituted "claims" for "claims of $2,500 or less" in item 2672.
1959 - Pub. L. 86-238, Sec. 1(2), Sept. 8, 1959, 73 Stat. 472,
substituted "$2,500" for "$1,000" in item 2672.
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28 USC Sec. 2671 01/07/2011
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 171 - TORT CLAIMS PROCEDURE
-HEAD-
Sec. 2671. Definitions
-STATUTE-
As used in this chapter and sections 1346(b) and 2401(b) of this
title, the term "Federal agency" includes the executive
departments, the judicial and legislative branches, the military
departments, independent establishments of the United States, and
corporations primarily acting as instrumentalities or agencies of
the United States, but does not include any contractor with the
United States.
"Employee of the government" includes (1) officers or employees
of any federal agency, members of the military or naval forces of
the United States, members of the National Guard while engaged in
training or duty under section 115, 316, 502, 503, 504, or 505 of
title 32, 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, and (2) any
officer or employee of a Federal public defender organization,
except when such officer or employee performs professional services
in the course of providing representation under section 3006A of
title 18.
"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 or a member of the National Guard as defined in section
101(3) of title 32, means acting in line of duty.
-SOURCE-
(June 25, 1948, ch. 646, 62 Stat. 982; May 24, 1949, ch. 139, Sec.
124, 63 Stat. 106; Pub. L. 89-506, Sec. 8, July 18, 1966, 80 Stat.
307; Pub. L. 97-124, Sec. 1, Dec. 29, 1981, 95 Stat. 1666; Pub. L.
100-694, Sec. 3, Nov. 18, 1988, 102 Stat. 4564; Pub. L. 106-398,
Sec. 1 [[div. A], title VI, Sec. 665(b)], Oct. 30, 2000, 114 Stat.
1654, 1654A-169; Pub. L. 106-518, title IV, Sec. 401, Nov. 13,
2000, 114 Stat. 2421.)
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HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., Sec. 941 (Aug. 2, 1946, ch.
753, Sec. 402, 60 Stat. 842).
Changes were made in phraseology.
1949 ACT
This section corrects a typographical error in section 2671 of
title 28, U.S.C.
AMENDMENTS
2000 - Pub. L. 106-518, in par. defining "Employee of the
government", inserted "(1)" after "includes" and added cl. (2).
Pub. L. 106-398 inserted "115," after "members of the National
Guard while engaged in training or duty under section" in par.
defining "Employee of the government".
1988 - Pub. L. 100-694 inserted "the judicial and legislative
branches," after "departments," in first par.
1981 - Pub. L. 97-124 inserted "members of the National Guard
while engaged in training or duty under section 316, 502, 503, 504,
or 505 of title 32," in definition of "Employee of the government"
and "or a member of the National Guard as defined in section 101(3)
of title 32" in definition of "Acting within the scope of his
office or employment".
1966 - Pub. L. 89-506 expanded definition of "Federal agency" to
include military departments.
1949 - Act May 24, 1949, corrected spelling of "office".
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 665(c)(2)],
Oct. 30, 2000, 114 Stat. 1654, 1654A-169, provided that: "The
amendment made by subsection (b) [amending this section] shall
apply with respect to acts and omissions occurring before, on, or
after the date of the enactment of this Act [Oct. 30, 2000]."
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-694 effective Nov. 18, 1988, and
applicable to all claims, civil actions, and proceedings 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.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-124 applicable only with respect to
claims arising on or after Dec. 29, 1981, see section 4 of Pub. L.
97-124, set out as a note under section 1089 of Title 10, Armed
Forces.
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89-506 applicable to claims accruing six
months or more after July 18, 1966, see section 10 of Pub. L. 89-
506, set out as a note under section 2672 of this title.
SHORT TITLE
This chapter is popularly known as the Federal Tort Claims Act.
The Federal Tort Claims Act was previously the official short title
of title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was
classified principally to chapter 20 (Secs. 921, 922, 931-934, 941-
946) of former Title 28, Judicial Code and Judiciary. Title IV of
act Aug. 2, 1946, was substantially repealed and reenacted as
sections 1346(b) and 2671 et seq. of this title by act June 25,
1948, ch. 646, 62 Stat. 992, the first section of which enacted
this title. For complete classification of title IV to the Code,
see Tables. For distribution of former sections of Title 28 into
this title, see Table at the beginning of this title.
SEVERABILITY
Section 7 of Pub. L. 100-694 provided that: "If any provision of
this Act [see Short Title of 1988 Amendment note under section 1 of
this title] or the amendments made by this Act or the application
of the provision to any person or circumstance is held invalid, the
remainder of this Act and such amendments and the application of
the provision to any other person or circumstance shall not be
affected by that invalidation."
LAW ENFORCEMENT OFFICER ACTING WITHIN SCOPE OF OFFICE OR EMPLOYMENT
Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 627], Oct.
21, 1998, 112 Stat. 2681-480, 2681-519, as amended by Pub. L. 106-
58, title VI, Sec. 623, Sept. 29, 1999, 113 Stat. 471, provided
that:
"(a) Definitions. - In this section -
"(1) the term 'crime of violence' has the meaning given that
term in section 16 of title 18, United States Code; and
"(2) the term 'law enforcement officer' means any employee
described in subparagraph (A), (B), or (C) of section 8401(17) of
title 5, United States Code; and any special agent in the
Diplomatic Security Service of the Department of State.
"(b) Rule of Construction. - Effective on the date of the
enactment of this Act [Oct. 21, 1998] and thereafter, and
notwithstanding any other provision of law, for purposes of chapter
171 of title 28, United States Code, or any other provision of law
relating to tort liability, a law enforcement officer shall be
construed to be acting within the scope of his or her office or
employment, if the officer takes reasonable action, including the
use of force, to -
"(1) protect an individual in the presence of the officer from
a crime of violence;
"(2) provide immediate assistance to an individual who has
suffered or who is threatened with bodily harm; or
"(3) prevent the escape of any individual who the officer
reasonably believes to have committed in the presence of the
officer a crime of violence."
CONGRESSIONAL FINDINGS AND PURPOSES
Pub. L. 100-694, Sec. 2, Nov. 18, 1988, 102 Stat. 4563, provided
that:
"(a) Findings. - The Congress finds and declares the following:
"(1) For more than 40 years the Federal Tort Claims Act [see
Short Title note above] has been the legal mechanism for
compensating persons injured by negligent or wrongful acts of
Federal employees committed within the scope of their employment.
"(2) The United States, through the Federal Tort Claims Act, is
responsible to injured persons for the common law torts of its
employees in the same manner in which the common law historically
has recognized the responsibility of an employer for torts
committed by its employees within the scope of their employment.
"(3) Because Federal employees for many years have been
protected from personal common law tort liability by a broad
based immunity, the Federal Tort Claims Act has served as the
sole means for compensating persons injured by the tortious
conduct of Federal employees.
"(4) Recent judicial decisions, and particularly the decision
of the United States Supreme Court in Westfall v. Erwin, have
seriously eroded the common law tort immunity previously
available to Federal employees.
"(5) This erosion of immunity of Federal employees from common
law tort liability has created an immediate crisis involving the
prospect of personal liability and the threat of protracted
personal tort litigation for the entire Federal workforce.
"(6) The prospect of such liability will seriously undermine
the morale and well being of Federal employees, impede the
ability of agencies to carry out their missions, and diminish the
vitality of the Federal Tort Claims Act as the proper remedy for
Federal employee torts.
"(7) In its opinion in Westfall v. Erwin, the Supreme Court
indicated that the Congress is in the best position to determine
the extent to which Federal employees should be personally liable
for common law torts, and that legislative consideration of this
matter would be useful.
"(b) Purpose. - It is the purpose of this Act [see Short Title of
1988 Amendment note under section 1 of this title] to protect
Federal employees from personal liability for common law torts
committed within the scope of their employment, while providing
persons injured by the common law torts of Federal employees with
an appropriate remedy against the United States."
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28 USC Sec. 2672 01/07/2011
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 171 - TORT CLAIMS PROCEDURE
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Sec. 2672. Administrative adjustment of claims
-STATUTE-
The head of each Federal agency or his designee, in accordance
with regulations prescribed by the Attorney General, may consider,
ascertain, adjust, determine, compromise, and settle any claim for
money damages against the United States for injury or loss of
property or personal injury or death caused by the negligent or
wrongful act or omission of any employee of the agency 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 in accordance with the law of the place where the act
or omission occurred: Provided, That any award, compromise, or
settlement in excess of $25,000 shall be effected only with the
prior written approval of the Attorney General or his designee.
Notwithstanding the proviso contained in the preceding 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 extent that the Attorney General delegates to the
head of the agency the authority to make such award, compromise, or
settlement. Such delegations may not exceed the authority delegated
by the Attorney General to the United States attorneys to settle
claims for money damages against the United States. Each Federal
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.
Subject to the provisions of this title relating to civil actions
on tort claims against the United States, any such award,
compromise, settlement, or determination shall be final and
conclusive on all officers of the Government, except when procured
by means of fraud.
Any award, compromise, or settlement in an amount of $2,500 or
less made pursuant to this section shall be paid by the head of the
Federal agency concerned out of appropriations available to that
agency. Payment of any award, compromise, or settlement in an
amount in excess of $2,500 made pursuant to this section or made by
the Attorney General in any amount pursuant to section 2677 of this
title shall be paid in a manner similar to judgments and
compromises in like causes and appropriations or funds available
for the payment of such judgments and compromises are hereby made
available for the payment of awards, compromises, or settlements
under this chapter.
The acceptance by the claimant of any such award, compromise, or
settlement shall be final and conclusive on the claimant, and shall
constitute a complete release 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.
-SOURCE-
(June 25, 1948, ch. 646, 62 Stat. 983; Apr. 25, 1949, ch. 92, Sec.
2(b), 63 Stat. 62; May 24, 1949, ch. 139, Sec. 125, 63 Stat. 106;
Sept. 23, 1950, ch. 1010, Sec. 9, 64 Stat. 987; Pub. L. 86-238,
Sec. 1(1), Sept. 8, 1959, 73 Stat. 471; Pub. L. 89-506, Secs. 1,
9(a), July 18, 1966, 80 Stat. 306, 308; Pub. L. 101-552, Sec. 8(a),
Nov. 15, 1990, 104 Stat. 2746.)
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HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., Sec. 921 (Aug. 2, 1946, ch.
753, Sec. 403, 60 Stat. 843).
The phrase "accruing on and after January 1, 1945" was omitted
because executed as of the date of the enactment 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.
AMENDMENTS
1990 - Pub. L. 101-552 inserted at end of first par.
"Notwithstanding the proviso contained in the preceding 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 extent that the Attorney General delegates to the
head of the agency the authority to make such award, compromise, or
settlement. Such delegations may not exceed the authority delegated
by the Attorney General to the United States attorneys to settle
claims for money damages against the United States. Each Federal
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 administrative 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
administrative 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 compromises available for the payment of awards,
compromises, 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 appropriation 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.
EFFECTIVE DATE OF 1966 AMENDMENT
Section 10 of Pub. L. 89-506 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 section 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
Section 424(b) of act Aug. 2, 1946, ch. 753, title IV, 60 Stat.
856, 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."
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28 USC Sec. 2673 01/07/2011
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 171 - TORT CLAIMS PROCEDURE
-HEAD-
Sec. 2673. Reports to Congress
-STATUTE-
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.
-SOURCE-
(June 25, 1948, ch. 646, 62 Stat. 983.)
-STATAMEND-
REPEAL
Section 1(1) of Pub. L. 89-348, Nov. 8, 1965, 79 Stat. 1310,
repealed the requirement that an annual report to Congress be made
of the administrative adjustment of tort claims of $2,500 or less,
stating the name of each claimant, the amount claimed, the amount
awarded, and a brief description of the claim.
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HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 922 (Aug. 2, 1946, ch.
753, Sec. 404, 60 Stat. 843).
Changes were made in phraseology.
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28 USC Sec. 2674 01/07/2011
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 171 - TORT CLAIMS PROCEDURE
-HEAD-
Sec. 2674. Liability of United States
-STATUTE-
The United States shall be liable, respecting the provisions of
this title relating to tort claims, in the same manner and to the
same extent as a private individual under like circumstances, 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 immunity 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 section applies, the
Tennessee Valley Authority shall be entitled to assert any defense
which otherwise would have been available to the employee based
upon judicial or legislative immunity, which otherwise would have
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