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Federal Tort Claims Act Text

Federal Tort Claims Act Text

Text of the Federal Tort Claims Act:

 

-CITE-

    28 USC CHAPTER 171 – TORT CLAIMS
PROCEDURE                  01/07/2011

 

-EXPCITE-

    TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE

    PART VI – PARTICULAR PROCEEDINGS

    CHAPTER 171 – TORT CLAIMS PROCEDURE

 

-HEAD-

                    CHAPTER 171 – TORT CLAIMS
PROCEDURE               

 

-MISC1-

    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.

 

-End-

 

 

 

-CITE-

    28 USC Sec. 2671                                           
01/07/2011

 

-EXPCITE-

    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.)

 

 

-MISC1-

                       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.”

 

-End-

 

 

 

-CITE-

    28 USC Sec. 2672                                           
01/07/2011

 

-EXPCITE-

    TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE

    PART VI – PARTICULAR PROCEEDINGS

    CHAPTER 171 – TORT CLAIMS PROCEDURE

 

-HEAD-

    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.)

 

 

-MISC1-

                       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.”

 

-End-

 

 

 

-CITE-

    28 USC Sec. 2673                                           
01/07/2011

 

-EXPCITE-

    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.

 

 

-MISC1-

                       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.

 

-End-

 

 

 

-CITE-

    28 USC Sec. 2674                                           
01/07/2011

 

-EXPCITE-

    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

    been available to the employee of the
Tennessee Valley Authority

    whose act or omission gave rise to the
claim as well as any other

    defenses to which the Tennessee Valley
Authority is entitled under

    this chapter.

 

-SOURCE-

    (June 25, 1948, ch. 646, 62 Stat. 983; Pub.
L. 100-694, Secs. 4,

    9(c), Nov. 18, 1988, 102 Stat. 4564, 4567.)

 

 

-MISC1-

                       HISTORICAL AND REVISION
NOTES                  

      Based on title 28, U.S.C., 1940 ed., Sec.
931(a) (Aug. 2, 1946,

    ch. 753, Sec. 410(a), 60 Stat. 843).

      Section constitutes the liability
provisions in the second

    sentence of section 931(a) of title 28,
U.S.C., 1940 ed.

      Other provisions of section 931(a) of
title 28, U.S.C., 1940 ed.,

    are incorporated in sections 1346(b), 1402,
2402, 2411, and 2412 of

    this title, but the provision of such
section 931(a) that the

    United States shall not be liable for
interest prior to judgment

    was omitted as unnecessary in view of
section 2411 of this title,

    which provides that interest on judgments
against the United States

    shall be computed from the date of
judgment. Such section 2411 is

    made
applicable to tort-claim actions by section 932 of title 28,

    U.S.C., 1940 ed.

      Changes were made in phraseology.

 

                         SENATE REVISION
AMENDMENT                    

      For Senate amendment to this section, see
80th Congress Senate

    Report No. 1559, amendment No. 60.

 

                                AMENDMENTS                           

      1988 – Pub. L. 100-694 inserted two pars.
at end entitling the

    United States and the Tennessee Valley
Authority to assert any

    defense based upon judicial or legislative
immunity.

 

                     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.

 

-End-

 

 

 

-CITE-

    28 USC Sec. 2675                                            01/07/2011

 

-EXPCITE-

    TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE

    PART VI – PARTICULAR PROCEEDINGS

    CHAPTER 171 – TORT CLAIMS PROCEDURE

 

-HEAD-

    Sec. 2675. Disposition by federal agency as
prerequisite; evidence

 

-STATUTE-

      (a) An action shall not be instituted
upon a claim against the

    United States for money damages 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 Government
while acting within the

    scope of his office or employment, unless
the claimant shall have

    first presented the claim to the
appropriate Federal agency and his

    claim shall have been finally denied by the
agency in writing and

    sent by certified or registered mail. The
failure of an agency to

    make final disposition of a claim within
six months after it is

    filed shall, at the option of the claimant
any time thereafter, be

    deemed a final denial of the claim for
purposes of this section.

    The provisions of this subsection shall not
apply to such claims as

    may be asserted under the Federal Rules of
Civil Procedure by third

    party complaint, cross-claim, or
counterclaim.

      (b) Action under this section shall not
be instituted for any sum

    in excess of the amount of the claim
presented to the federal

    agency, except where the increased amount
is based upon newly

    discovered evidence not reasonably
discoverable at the time of

    presenting the claim to the federal agency,
or upon allegation and

    proof of intervening facts, relating to the
amount of the claim.

      (c) Disposition of any claim by the
Attorney General or other

    head of a federal agency shall not be
competent evidence of

    liability or amount of damages.

 

-SOURCE-

    (June 25, 1948, ch. 646, 62 Stat. 983; May
24, 1949, ch. 139, Sec.

    126, 63 Stat. 107; Pub. L. 89-506, Sec. 2,
July 18, 1966, 80 Stat.

    306.)

 

 

-MISC1-

                       HISTORICAL AND REVISION
NOTES                  

 

                                 1948 ACT                            

      Based on title 28, U.S.C., 1940 ed., Sec.
931(b) (Aug. 2, 1946,

    ch. 753, Sec. 410(b), 60 Stat. 844).

     
Section constitutes all of section 931(b), except the first

    sentence, of title 28, U.S.C., 1940 ed. The
remainder of such

    section 931(b) is incorporated in section
2677 of this title.

      Changes were made in phraseology.

 

                                 1949 ACT                            

      This section corrects a typographical
error in section 2675(b) of

    title 28, U.S.C.

 

-REFTEXT-

                            REFERENCES IN
TEXT                       

      The Federal Rules of Civil Procedure,
referred to in subsec. (a),

    are set out in the Appendix to this title.

 

 

-MISC2-

                                AMENDMENTS                           

      1966 – Subsec. (a). Pub. L. 89-506, Sec.
2(a), required that all

    administrative claims be filed with the
agency or department and

    finally denied by the agency and sent by
certified or registered

    mail prior to the filing of a court action
against the United

    States, provided that the claimant be given
the option of

    considering the claim to have been denied
if the agency fails to

    make final disposition of the claim within
six months of

    presentation of the claim to the agency,
and provided that the

    requirements of the subsection would not
apply to claims asserted

    under the Federal Rules of Civil Procedure
by third party

    complaint, cross-claim, or counterclaim.

      Subsec. (b). Pub. L. 89-506, Sec. 2(b),
struck out provisions

    under which a claimant could, upon 15 days
written notice, withdraw

    a claim from the agency and institute an
action thereon.

      1949 – Subsec. (b). Act May 24, 1949,
substituted “section” for

    “subsection”.

 

                     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.

 

-End-

 

 

 

-CITE-

    28 USC Sec. 2676                                           
01/07/2011

 

-EXPCITE-

    TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE

    PART VI – PARTICULAR PROCEEDINGS

    CHAPTER 171 – TORT CLAIMS PROCEDURE

 

-HEAD-

    Sec. 2676. Judgment as bar

 

-STATUTE-

      The judgment in an action under section
1346(b) of this title

    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.

 

-SOURCE-

    (June 25, 1948, ch. 646, 62 Stat. 984.)

 

 

-MISC1-

                       HISTORICAL AND REVISION
NOTES                  

      Based on title 28, U.S.C., 1940 ed., Sec.
931(b) (Aug. 2, 1946,

    ch. 753, Sec. 410(b), 60 Stat. 844).

      Section constitutes the first sentence of
section 931(b) of title

    28, U.S.C., 1940 ed. Other provisions of
such section 931(b) are

    incorporated in section 2675 of this title.

      Changes were made in phraseology.

 

                         SENATE REVISION
AMENDMENT                    

      This section was eliminated by Senate
amendment. See 80th

    Congress Senate Report No. 1559.

 

-End-

 

 

 

-CITE-

    28 USC Sec. 2677                                           
01/07/2011

 

-EXPCITE-

    TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE

    PART VI – PARTICULAR PROCEEDINGS

    CHAPTER 171 – TORT CLAIMS PROCEDURE

 

-HEAD-

    Sec. 2677. Compromise

 

-STATUTE-

      The Attorney General or his designee may
arbitrate, compromise,

    or settle any claim cognizable under
section 1346(b) of this title,

    after the commencement of an action
thereon.

 

-SOURCE-

    (June 25, 1948, ch. 646, 62 Stat. 984; Pub.
L. 89-506, Sec. 3, July

    18, 1966, 80 Stat. 307.)

 

 

-MISC1-

                       HISTORICAL AND REVISION
NOTES                  

      Based on title 28, U.S.C., 1940 ed., Sec.
934 (Aug. 2, 1946, ch.

    753, Sec. 413, 60 Stat. 845).

      Changes were made in phraseology.

 

                         SENATE REVISION
AMENDMENT                    

      This section was renumbered “2676”
by Senate amendment. See 80th

    Congress Senate Report No. 1559.

 

                                AMENDMENTS                           

      1966 – Pub. L. 89-506 struck out
provision requiring that

    approval of court be obtained before
Attorney General could

    arbitrate, compromise, or settle a claim
after commencement of an

    action thereon.

 

                     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.

 

-End-

 

 

 

-CITE-

    28 USC Sec. 2678                                           
01/07/2011

 

-EXPCITE-

    TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE

    PART VI – PARTICULAR PROCEEDINGS

    CHAPTER 171 – TORT CLAIMS PROCEDURE

 

-HEAD-

    Sec. 2678. Attorney fees; penalty

 

-STATUTE-

      No attorney shall charge, demand,
receive, or collect for

    services rendered, fees in excess of 25 per
centum of any judgment

    rendered pursuant to section 1346(b) of
this title or any

    settlement made pursuant to section 2677 of
this title, or in

    excess of 20 per centum of any award,
compromise, or settlement

    made
pursuant to section 2672 of this title.

      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 fined not more than $2,000 or
imprisoned not more than one

    year, or both.

 

-SOURCE-

    (June 25, 1948, ch. 646, 62 Stat. 984; Pub.
L. 89-506, Sec. 4, July

    18, 1966, 80 Stat. 307.)

 

 

-MISC1-

                       HISTORICAL AND REVISION
NOTES                  

      Based on title 28, U.S.C., 1940 ed., Sec.
944 (Aug. 2, 1946, ch.

    753, Sec. 422, 60 Stat. 846).

      Words “shall be guilty of a
misdemeanor” and “shall, upon

    conviction thereof”, in the second
sentence, were omitted in

    conformity with revised title 18, U.S.C.,
Crimes and Criminal

    Procedure (H.R. 1600, 80th Cong.). See
sections 1 and 2 of said

    revised title 18.

      Changes were made in phraseology.

 

                         SENATE REVISION
AMENDMENT                     

      This section was renumbered
“2677” by Senate amendment. See 80th

    Congress Senate Report No. 1559.

 

                                AMENDMENTS                           

      1966 – Pub. L. 89-506 raised the
limitations on allowable

    attorneys fees from 10 to 20 percent for
administrative settlements

    and from 20 to 25 percent for fees in cases
after suit is filed and

    removed the requirement of agency or court
allowance of the amount

    of attorneys fees.

 

                     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.

 

-End-

 

 

 

-CITE-

    28 USC Sec. 2679                                           
01/07/2011

 

-EXPCITE-

    TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE

    PART VI – PARTICULAR PROCEEDINGS

    CHAPTER 171 – TORT CLAIMS PROCEDURE

 

-HEAD-

    Sec. 2679. Exclusiveness of remedy

 

-STATUTE-

      (a) 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 section 1346(b)

    of this title, and the remedies provided by
this title in such

    cases shall be exclusive.

      (b)(1) The remedy against the United
States provided by sections

    1346(b) and 2672 of this title for injury
or loss of property, or

    personal injury or death arising or
resulting from the negligent or

    wrongful act or omission of any employee of
the Government while

    acting within the scope of his office or
employment is exclusive of

    any other civil action or proceeding for
money damages by reason of

    the same subject matter against the
employee whose act or omission

    gave rise to the claim or against the
estate of such employee. Any

    other civil action or proceeding for money
damages arising out of

    or relating to the same subject matter
against the employee or the

    employee’s estate is precluded without
regard to when the act or

    omission occurred.

      (2) Paragraph (1) does not extend or
apply to a civil action

    against an employee of the Government –

        (A) which is brought for a violation of
the Constitution of the

      United States, or

        (B) which is brought for a violation of
a statute of the United

      States under which such action against an
individual is otherwise

      authorized.

 

      (c) The Attorney General shall defend any
civil action or

    proceeding brought in any court against any
employee of the

    Government or his estate for any such
damage or injury. The

    employee against whom such civil action or
proceeding is brought

    shall deliver within such time after date
of service or knowledge

    of service as determined by the Attorney
General, all process

    served upon him or an attested true copy
thereof to his immediate

    superior or to whomever was designated by
the head of his

    department to receive such papers and such
person shall promptly

    furnish copies of the pleadings and process
therein to the United

    States attorney for the district embracing
the place wherein the

    proceeding is brought, to the Attorney General,
and to the head of

    his employing Federal agency.

      (d)(1) Upon certification by the Attorney
General that the

    defendant employee was acting within the
scope of his office or

    employment at the time of the incident out
of which the claim

    arose, any civil action or proceeding
commenced upon such claim in

    a United States district court shall be
deemed an action against

    the United States under the provisions of
this title and all

    references thereto, and the United States
shall be substituted as

    the party defendant.

      (2) Upon certification by the Attorney
General that the defendant

    employee was acting within the scope of his
office or employment at

    the time of the incident out of which the
claim arose, any civil

    action or proceeding commenced upon such
claim in a State court

    shall be removed without bond at any time
before trial by the

    Attorney General to the district court of
the United States for the

    district and division embracing the place
in which the action or

    proceeding is pending. Such action or
proceeding shall be deemed to

    be an action or proceeding brought against
the United States under

    the provisions of this title and all
references thereto, and the

    United States shall be substituted as the
party defendant. This

    certification of the Attorney General shall
conclusively establish

    scope of office or employment for purposes
of removal.

      (3) In the event that the Attorney
General has refused to certify

    scope of office or employment under this
section, the employee may

    at any time before trial petition the court
to find and certify

    that the employee was acting within the
scope of his office or

    employment. Upon such certification by the
court, such action or

    proceeding shall be deemed to be an action
or proceeding brought

    against the United States under the
provisions of this title and

    all references thereto, and the United
States shall be substituted

    as the party defendant. A copy of the
petition shall be served upon

    the United States in accordance with the
provisions of Rule 4(d)(4)

    of the Federal Rules of Civil Procedure. In
the event the petition

    is filed in a civil action or proceeding
pending in a State court,

    the action or proceeding may be removed
without bond by the

    Attorney General to the district court of
the United States for the

    district and division embracing the place
in which it is pending.

    If, in considering the petition, the
district court determines that

    the employee was not acting within the
scope of his office or

    employment, the action or proceeding shall
be remanded to the State

    court.

      (4) Upon certification, any action or
proceeding subject to

    paragraph (1), (2), or (3) shall proceed in
the same manner as any

    action against the United States filed
pursuant to section 1346(b)

    of this title and shall be subject to the
limitations and

    exceptions applicable to those actions.

      (5) Whenever an action or proceeding in
which the United States

    is substituted as the party defendant under
this subsection is

    dismissed for failure first to present a
claim pursuant to section

    2675(a) of this title, such a claim shall
be deemed to be timely

    presented under section 2401(b) of this
title if –

        (A) the claim would have been timely
had it been filed on the

      date the underlying civil action was
commenced, and

        (B) the claim is presented to the
appropriate Federal agency

      within 60 days after dismissal of the
civil action.

 

      (e) The Attorney General may compromise
or settle any claim

    asserted in such civil action or proceeding
in the manner provided

    in section 2677, and with the same effect.

 

-SOURCE-

    (June 25, 1948, ch. 646, 62 Stat. 984; Pub.
L. 87-258, Sec. 1,

    Sept. 21, 1961, 75 Stat. 539; Pub. L.
89-506, Sec. 5(a), July 18,

    1966, 80 Stat. 307; Pub. L. 100-694, Secs.
5, 6, Nov. 18, 1988, 102

    Stat. 4564.)

 

 

-MISC1-

                       HISTORICAL AND REVISION
NOTES                  

      Based on title 28, U.S.C., 1940 ed., Sec.
945 (Aug. 2, 1946, ch.

    753, Sec. 423, 60 Stat. 846).

      Changes were made in phraseology.

 

                         SENATE REVISION
AMENDMENT                    

      The catchline and text of this section
were changed and the

    section was renumbered “2678” by
Senate amendment. See 80th

    Congress Senate Report No. 1559.

 

-REFTEXT-

                            REFERENCES IN
TEXT                       

      The Federal Rules of Civil Procedure,
referred to in subsec.

    (d)(3), are set out in the Appendix to this
title.

 

 

-MISC2-

                                AMENDMENTS                           

      1988 – Subsec. (b). Pub. L. 100-694, Sec.
5, amended subsec. (b)

    generally. Prior to amendment, subsec. (b)
read as follows: “The

    remedy against the United States provided
by sections 1346(b) and

    2672 of this title for injury or loss of
property or personal

    injury or death, resulting from the
operation by any employee of

    the Government of any motor vehicle while
acting within the scope

    of his office or employment, shall
hereafter be exclusive of any

    other civil action or proceeding by reason
of the same subject

    matter against the employee or his estate
whose act or omission

    gave rise to the claim.”

      Subsec. (d). Pub. L. 100-694, Sec. 6,
amended subsec. (d)

    generally. Prior to amendment, subsec. (d)
read as follows: “Upon a

    certification by the Attorney General that
the defendant employee

    was acting within the scope of his
employment at the time of the

    incident out of which the suit arose, any
such civil action or

    proceeding commenced in a State court shall
be removed without bond

    at any time before trial by the Attorney
General to the district

    court of the United States for the district
and division embracing

    the place wherein it is pending and the
proceedings deemed a tort

    action brought against the United States
under the provisions of

    this title and all references thereto.
Should a United States

    district court determine on a hearing on a
motion to remand held

    before a trial on the merits that the case
so removed is one in

    which a remedy by suit within the meaning
of subsection (b) of this

    section is not available against the United
States, the case shall

    be remanded to the State court.”

      1966 – Subsec. (b). Pub. L. 89-506
inserted reference to section

    2672 of this title and substituted
“remedy” for “remedy by suit”.

      1961 – Pub. L. 87-258 designated existing
provisions as subsec.

    (a) and added subsecs. (b) to (e).

 

                     EFFECTIVE DATE OF 1988
AMENDMENT                

      Section 8 of Pub. L. 100-694 provided
that:

      “(a) General Rule. – This Act and
the amendments made by this Act

    [enacting section 831c-2 of Title 16,
Conservation, amending this

    section and sections 2671 and 2674 of this
title, and enacting

    provisions set out as notes under this
section and section 2671 of

    this title] shall take effect on the date
of the enactment of this

    Act [Nov. 18, 1988].

      “(b) Applicability to Proceedings. –
The amendments made by this

    Act [amending this section and sections
2671 and 2674 of this

    title] shall apply to all claims, civil
actions, and proceedings

    pending on, or filed on or after, the date
of the enactment of this

    Act.

      “(c) Pending State Proceedings. –
With respect to any civil

    action or proceeding pending in a State
court to which the

    amendments made by this Act apply, and as
to which the period for

    removal under section 2679(d) of title 28,
United States Code (as

    amended by section 6 of this Act), has
expired, the Attorney

    General shall have 60 days after the date
of the enactment of this

    Act during which to seek removal under such
section 2679(d).

      “(d) Claims Accruing Before
Enactment. – With respect to any

    civil action or proceeding to which the
amendments made by this Act

    apply in which the claim accrued before the
date of the enactment

    of this Act, the period during which the
claim shall be deemed to

    be timely presented under section
2679(d)(5) of title 28, United

    States Code (as amended by section 6 of
this Act) shall be that

    period within which the claim could have
been timely filed under

    applicable State law, but in no event shall
such period exceed two

    years from the date of the enactment of
this Act.”

 

                     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.

 

                     EFFECTIVE DATE OF 1961
AMENDMENT                

      Section 2 of Pub. L. 87-258 provided
that: “The amendments made

    by this Act [amending this section] shall
be deemed to be in effect

    six months after the enactment hereof
[Sept. 21, 1961] but any

    rights or liabilities then existing shall
not be affected.”

 

-End-

 

 

 

-CITE-

    28 USC Sec. 2680                                           
01/07/2011

 

-EXPCITE-

    TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE

    PART VI – PARTICULAR PROCEEDINGS

    CHAPTER 171 – TORT CLAIMS PROCEDURE

 

-HEAD-

    Sec. 2680. Exceptions

 

-STATUTE-

      The provisions of this chapter and
section 1346(b) of this title

    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,

    merchandise, or other property by any
officer of customs or excise

    or any other law enforcement officer,
except that the provisions of

    this chapter and section 1346(b) of this
title apply to any claim

    based on injury or loss of goods,
merchandise, or other property,

    while in the possession of any officer of
customs or excise or any

    other law enforcement officer, if –

        (1) the property was seized for the
purpose of forfeiture under

      any provision of Federal law providing
for the forfeiture of

      property other than as a sentence imposed
upon conviction of a

      criminal offense;

        (2) the interest of the claimant was
not forfeited;

        (3) the interest of the claimant was
not remitted or mitigated

      (if the property was subject to
forfeiture); and

        (4) the claimant was not convicted of a
crime for which the

      interest of the claimant in the property
was subject to

      forfeiture under a Federal criminal
forfeiture law..)1(!

 

 

      (d) Any claim for which a remedy is
provided by chapter 309 or

    311 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 1-31

    of Title 50, Appendix.

      (f) Any claim for damages caused by the
imposition or

    establishment of a quarantine by the United
States.

      [(g) Repealed. Sept. 26, 1950, ch. 1049,
Sec. 13 (5), 64 Stat.

    1043.]

      (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: Provided, That, with
regard to acts or

    omissions of investigative or law
enforcement officers of the

    United States Government, the provisions of
this chapter and

    section 1346(b) of this title shall apply
to any claim arising, on

    or after the date of the enactment of this
proviso, out of assault,

    battery, false imprisonment, false arrest,
abuse of process, or

    malicious prosecution. For the purpose of
this subsection,

    “investigative or law enforcement
officer” means any officer of the

    United States who is empowered by law to
execute searches, to seize

    evidence, or to make arrests for violations
of Federal law.

      (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.

      (l) Any claim arising from the activities
of the Tennessee Valley

    Authority.

      (m) Any claim arising from the activities
of the Panama Canal

    Company.

      (n) Any claim arising from the activities
of a Federal land bank,

    a Federal intermediate credit bank, or a
bank for cooperatives.

 

-SOURCE-

    (June 25, 1948, ch. 646, 62 Stat. 984; July
16, 1949, ch. 340, 63

    Stat. 444; Sept. 26, 1950, ch. 1049, Secs.
2(a)(2), 13(5), 64 Stat.

    1038, 1043; Pub. L. 86-168, title II, Sec.
202(b), Aug. 18, 1959,

    73 Stat. 389; Pub. L. 93-253, Sec. 2, Mar.
16, 1974, 88 Stat. 50;

    Pub. L. 106-185, Sec. 3(a), Apr. 25, 2000,
114 Stat. 211; Pub. L.

    109-304, Sec. 17(f)(4), Oct. 6, 2006, 120
Stat. 1708.)

 

 

-MISC1-

                       HISTORICAL AND REVISION
NOTES                  

      Based on title 28, U.S.C., 1940 ed., Sec.
943 (Aug. 2, 1946, ch.

    753, Sec. 421, 60 Stat. 845).

      Changes were made in phraseology.

      Section 946 of title 28, U.S.C., 1940
ed., which was derived from

    section 424(b) of the Federal Tort Claims
Act, was omitted from

    this revised title. It preserved the
existing authority of federal

    agencies to settle tort claims not
cognizable under section 2672 of

    this title. Certain enumerated laws granting
such authority were

    specifically repealed by section 424(a) of
the Federal Tort Claims

    Act, which section was also omitted from
this revised title. These

    provisions were not included in this
revised title as they are not

    properly a part of a code of general and
permanent law.

 

                         SENATE REVISION
AMENDMENT                    

      Sections 2680 and 2681 were renumbered
“2679” and “2680”,

    respectively, by Senate amendment. See 80th
Congress Senate Report

    No. 1559.

 

-REFTEXT-

                            REFERENCES IN
TEXT                       

      Sections 1-31 of Title 50, Appendix,
referred to in subsec. (e),

    was in the original source of this section
(section 943 of act Aug.

    2, 1946) a reference to the Trading with
the Enemy Act, as amended.

    The Trading with the Enemy Act is now
comprised of sections 1 to

    43, which are classified to sections 1 to
6, 7 to 39, and 41 to 44

    of Title 50, Appendix, War and National
Defense.

      The date of the enactment of this
proviso, referred to in subsec.

    (h), means Mar. 16, 1974, the date on which
Pub. L. 93-253, which

    enacted the proviso, was approved.

      Panama Canal Company, referred to in
subsec. (m), deemed to refer

    to Panama Canal Commission, see section
3602(b)(5) of Title 22,

    Foreign Relations and Intercourse.

 

 

-MISC2-

                                AMENDMENTS                           

      2006 – Subsec. (d). Pub. L. 109-304
substituted “chapter 309 or

    311 of title 46″ for “sections
741-752, 781-790 of Title 46,”.

      2000 – Subsec. (c). Pub. L. 106-185
substituted “any goods,

    merchandise, or other property” for
“any goods or merchandise” and

    “law enforcement” for
“law-enforcement”, inserted “, except that

    the provisions of this chapter and section
1346(b) of this title

    apply to any claim based on injury or loss
of goods, merchandise,

    or other property, while in the possession
of any officer of

    customs or excise or any other law
enforcement officer, if – “, and

    added pars. (1) to (4).

      1974 – Subsec. (h). Pub. L. 93-253
inserted proviso.

      1959 – Subsec. (n). Pub. L. 86-168 added
subsec. (n).

      1950 – Subsec. (g). Act Sept. 26, 1950,
Sec. 13(5), repealed

    subsec. (g).

      Subsec. (m). Act Sept. 26, 1950, Sec. 2,
substituted “Panama

    Canal Company” for “Panama
Railroad Company”.

      1949 – Subsec. (m). Act July 16, 1949,
added subsec. (m).

 

                     EFFECTIVE DATE OF 2000
AMENDMENT                 

      Amendment by Pub. L. 106-185 applicable
to any forfeiture

    proceeding commenced on or after the date
that is 120 days after

    Apr. 25, 2000, see section 21 of Pub. L.
106-185, set out as a note

    under section 1324 of Title 8, Aliens and
Nationality.

 

                     EFFECTIVE DATE OF 1959
AMENDMENT                

      Amendment by Pub. L. 86-168 effective
Jan. 1, 1960, see section

    203(c) of Pub. L. 86-168.

 

                     EFFECTIVE DATE OF 1950
AMENDMENT                 

      Amendment by act Sept. 26, 1950, to take
effect upon effective

    date of transfer to the Panama Canal
Company, pursuant to the

    provisions of section 256 of the former
Canal Zone Code, as added

    by section 10 of that act, of the Panama
Canal together with the

    facilities and appurtenances related
thereto, see section 14 of act

    Sept. 26, 1950.

 

 

-TRANS-

                           TRANSFER OF
FUNCTIONS                      

      For transfer of authorities, functions,
personnel, and assets of

    the Coast Guard, including the authorities
and functions of the

    Secretary of Transportation relating
thereto, to the Department of

    Homeland Security, and for treatment of
related references, see

    sections 468(b), 551(d), 552(d), and 557 of
Title 6, Domestic

    Security, and the Department of Homeland
Security Reorganization

    Plan of November 25, 2002, as modified, set
out as a note under

    section 542 of Title 6.

      Coast Guard transferred to Department of
Transportation and all

    functions, powers, and duties, relating to
Coast Guard, of

    Secretary of the Treasury and of all other
offices and officers of

    Department of the Treasury transferred to
Secretary of

    Transportation by Pub. L. 89-670, Sec.
6(b)(1), Oct. 15, 1966, 80

    Stat. 938. Section 6(b)(2) of Pub. L.
89-670, however, provided

    that notwithstanding such transfer of
functions, Coast Guard shall

    operate as part of Navy in time of war or
when President directs as

    provided in section 3 of Title 14, Coast
Guard. See section 108 of

    Title 49, Transportation.

      For transfer of certain functions
relating to claims and

    litigation, insofar as they pertain to the
Air Force, from

    Secretary of the Army to Secretary of the
Air Force, see Secretary

    of Defense Transfer Order No. 34 [Sec.
1a(2)(4)], eff. July 1,

    1949.

 

 

-MISC3-

          NORTHERN MARIANA ISLANDS –
APPLICABILITY OF SUBSEC. (K)     

      Pub. L. 97-357, title II, Sec. 204, Oct.
19, 1982, 96 Stat. 1708,

    provided: “That the Northern Mariana
Islands shall not be

    considered a foreign country for purposes
of subsection (k) of

    section 2680 of title 28, United States
Code, with respect to

    claims which accrued no more than two years
prior to the effective

    date of this Act [Oct. 19, 1982].”

 

                     TERMINATION OF NATIONAL
EMERGENCY                

      Declaration of national emergency in
effect on Sept. 14, 1976,

    was terminated two years from that date by
section 1601 of Title

    50, War and National Defense.

 

                       APPLICABILITY OF SUBSEC.
(J)                  

      Joint Res. July 3, 1952, ch. 570, Sec.
1(a)(32), 66 Stat. 333, as

    amended by Joint Res. Mar. 31, 1953, ch. 13,
Sec. 1, 67 Stat. 18,

    and Joint Res. June 30, 1953, ch. 172, 67
Stat. 132, provided that

    subsec. (j) of this section, in addition to
coming into full force

    and effect in time of war, should continue
in force until six

    months after the termination of the
national emergency proclaimed

    by the President on Dec. 16, 1950 by 1950
Proc. No. 2914, 15 F.R.

    9029, set out as a note preceding section 1
of Title 50 Appendix,

    War and National Defense, or such earlier
date or dates as may be

    provided for by Congress, but in no event
beyond Aug. 1, 1953.

    Section 7 of Joint Res. July 3, 1952,
provided that it should

    become effective June 16, 1952.

      Joint Res. July 3, 1952, ch. 570, Sec. 6,
66 Stat. 334, repealed

    Joint Res. Apr. 14, 1952, ch. 204, 66 Stat.
54 as amended by Joint

    Res. May 28, 1952, ch. 339, 66 Stat. 96;
Joint Res. June 14, 1952,

    ch. 437, 66 Stat. 137; Joint Res. June 30,
1952, ch. 526, 66 Stat.

    296, which continued provisions of subsec.
(j) of this section

    until July 3, 1952. This repeal was made
effective June 16, 1952,

    by section 7 of Joint Res. July 3, 1952.

 

-FOOTNOTE-              

 

    )1(! So in original.

 

 

-End-

 

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