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-
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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.)
-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-
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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
-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-
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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.
-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-
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28 USC Sec. 2674
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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
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-
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28 USC Sec. 2675 01/07/2011
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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-
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28 USC Sec. 2676
01/07/2011
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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-
