In the Federal Tort Claims Act, Congress allowed the United States to be sued for tort damages under some very limited circumstances. As we will see in this presentation on the procedures and provisions of the Act, it is an administrative compensation system. It must be complied with fairly and exactly in order to receive compensation. In the next presentation, we will discuss the discretionary function exception, which makes it quite difficult to sue the government for any decisions related to government policymaking. The Federal Tort Claims Act was passed in 1945 at the end of World War II. This was the same period when the Administrative Procedure Act was passed. Up until then, all payments for tort damages were paid through private bills sponsored by individual legislators and passed through Congress and signed by the president. There was no judicial review or administrative review of the claims, which left the determination of their validity to the individual Congresspersons. This took a lot of congressional time and was also a fertile ground for graft and corruption. The Federal Tort Claims Act sets up an administrative compensation system, and the decisions of this administrative compensation system are then appealable to the federal district court. The claims are adjudicated by the head of the federal agency that was responsible for the action that led to the damages. The language is a general grant of authority to the agency to evaluate, settle, and adjust the claims in different ways. These include claims for injury, loss of property or person, or death caused by negligent or wrongful omission of any employee of the agency. It is a fairly standard statement of tort liability. The problem is that there is not a systematic body of federal tort law. So, Congress looks to the state where...
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