Federal Tort Claims Act Text

Federal Tort Claims Act Text

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Federal Tort Claims Act Text

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-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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