CHANGE OF NAME The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget. Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959 set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget. 8 2653. Limitation or repeal of other provisions for recovery of

hospital and medical care costs. This Act does not limit or repeal any other provision of law providing for recovery by the United States of the cost of care and treatment described in section 1. (Pub. L. 87-693, § 3, Sept. 25, 1962, 76 Stat. 594.)

This Act becomes effective on the first day of the fourth month following the month in which enacted.

To provide for the recovery from tortiously liable third persons of the cost of

hospital and medical care and treatment furnisbed by the United States.

Be it enacted by the Senate and House of Representntires of the United States of America in Congres* assembled, That (a) in any Rospital and case in which the United States is authorized or required by law to medical care, furnish hospital, medical, surgical, or dental care and tieatment third party .(including prostheses and medical appliances) to a person who is liability. injured or suffers a disease, after the effective date of this Act, under circumstances creating a tort liability upon some third person (other than or in addition to the United States and except employers of seamen treated under the provisions of section 322 of the Act of July 1, 19H (58 Stat. 656), as amended (12 U.S.C. 249)) to pay damages therefor, the United States shall have a right to recover from said third person the reasonable value of the care and treatment so furnishedł or to be furnished and shall, as to this right be subrogated to any right or claim that the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors has against such third person to the extent of the reasonable value of the care and treatment so furnished or to be furnished. The head of the departinent or agency of the United States furnishing such care or treatment may also require the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors, as appropriate, to assign his claim or cause of action against the third person to the extent of that right or claim.

(b) The United States inay, to enforce such right, (1) intervene Legal proor join in any action or proceeding brought by the injured or diseased ceedings. person, his guardian, personal representative, estate, dependents, or survivors, against the third person who is liable for the injury or disease; or (2) if such action or proceeding is not commenced within sis months after the first day in which care and treatment is furnished by the United States in connection with the injury or disease involved, institute and prosecute legal proceedings against the third person who is liable for the injury or disease, in a state or Federal court, either alone (in its own name or in the name of the injured person, his guardian, personal representative, estate, dependents, or survivors) or in conjunction with the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors.

(c) The provisions of this section shall not apply with respect to Voterans' treathospital, medical, surgical, or dental care and treatment (including ment, exception. prostheses and medical appliances) furnished by the Veterans: Administration to an eligible veteran for a service-connected disability under the provisions of chapter 17 of title 38, United States Code.

72 Stat. 1140; Sec. 2. (a) The President may prescribe regulations to carry out Ante P:O3828

38 USC 601-643. this Act, including regulations with respect to the determination and

Regulations. establishment of the reasonable value of the hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished or to be furnished.

(b) To the extent prescribed by regulations under subsection (a), Settlopent the head of the department or agency of the United States concerned provisions. may (1) compromise, or settle and execute a release of, any claim which the United States has by virtue of the right established by section 1; or (2) waive any such claim, in whole or in part, for the convenience of the Government, or if he determines that collection would result in undue hardship upon the person who suffered the injury or disease resulting in care or treatment described in section 1.

a

Pub. Law 87-693

76 STAT. 594.

-2

September 25, 1962

(c) No action taken by the United States in connection with the rights afforded under this legislation shall operate to deny to the injured person the recovery for that portion of his damage not covered hereunder.

Sec. 3. This Ict does not limit or repeal any other provision of law providing for recovery by the United States of the cost of care and treatment described in section 1.

Sec. 4. This Act becomes effective on the first day of the fourth month following the month in which enacted.

Approved September 25, 1962.

Errective date.

TITLE IV - FEDERAL TORT CLAIMS ACT

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PART 1-SHORT TITLE AND DEFINITIONS

SHORT TITLE

Sec. 401. This title may be cited as the "Federal Tort Claims Act”.

DEFINITIONS Sec. 402. As used in this title, 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) “Einployer 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 perinanently 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. PART 2-ADMINISTRATIVE ADJUSTMENT OF TORT CLAIMS AGAINST THE

UNITED STATES

a

a

CLAIMS OF $1,000 OR LESS SEC. 403. (a) Subject to the limitations of this title, authority is hereby conferred upon the head of each Federal agency, or his designee for the purpose, acting on behalf of the United States, to consider, ascertain, adjust, determine, and settle 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, where the total amount of the claim does not exceed $1,000, 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 circunstances 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 thé act or omission occurred.

(b) Subject to the provisions of part 3 of this title, any such award or determination shall be final and conclusive on all officers of the Government, except when procured by means of fraud, notwithstanding any other provision of law to the contrary.

(c) Any award made to any claimant pursuant to this section, and any award, compromise, or settlement of any claim cognizable under this title made by the Attorney General pursuant to section 413, shall be paid by the head of the Federal agency concerned out of appropriations that may be made therefor, which appropriations are hereby authorized.

(d) 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 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.

REPORT

Sec. 404. The head of each Federal agency shall annually make a report to the Congress of all claims paid by such Federal agency under this part. 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.