28 U.S.C. § 2680 | Exceptions

section 1346(b) of this titleThe provisions of this chapter and 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)

section 1346(b) of this title 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 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)

1 So in original.

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..

(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)

2 See References in Text note below.

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)

Sept. 26, 1950, ch. 1049, § 13 64 Stat. 1043 Repealed. (5), .]

(h)

Providedsection 1346(b) of this title 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: , That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and 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.

June 25, 1948, ch. 646 62 Stat. 984 July 16, 1949, ch. 340 63 Stat. 444 Sept. 26, 1950, ch. 1049 64 Stat. 1038 Pub. L. 86–168, title II, § 202(b)Aug. 18, 195973 Stat. 389 Pub. L. 93–253, § 2Mar. 16, 197488 Stat. 50 Pub. L. 106–185, § 3(a)Apr. 25, 2000114 Stat. 211 Pub. L. 109–304, § 17(f)(4)Oct. 6, 2006120 Stat. 1708 (, ; , ; , §§ 2(a)(2), 13(5), , 1043; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Aug. 2, 1946, ch. 753, § 421 60 Stat. 845 Based on title 28, U.S.C., 1940 ed., § 943 (, ).

Changes were made in phraseology.

Section 946 of title 28 section 2672 of this title, 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 . 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.

Editorial Notes

References in Text

Aug. 2, 1946Sections 1–31 of Title 50, Appendix, referred to in subsec. (e), was in the original source of this section (section 943 of act ) a reference to the Trading with the Enemy Act. The Trading with the Enemy Act is now comprised of sections 1 to 43, which were formerly classified to sections 1 to 6, 7 to 39, and 41 to 44 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification as chapter 53 (§ 4301 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

Mar. 16, 1974Pub. L. 93–253The date of the enactment of this proviso, referred to in subsec. (h), means , the date on which , which enacted the proviso, was approved.

section 3602(b)(5) of Title 22Panama Canal Company, referred to in subsec. (m), deemed to refer to Panama Canal Commission, see , Foreign Relations and Intercourse.

Amendments

Pub. L. 109–3042006—Subsec. (d). substituted “chapter 309 or 311 of title 46” for “sections 741–752, 781–790 of Title 46,”.

Pub. L. 106–185 section 1346(b) of this title2000—Subsec. (c). 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 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).

Pub. L. 93–2531974—Subsec. (h). inserted proviso.

Pub. L. 86–1681959—Subsec. (n). added subsec. (n).

Sept. 26, 19501950—Subsec. (g). Act , § 13(5), repealed subsec. (g).

Sept. 26, 1950Subsec. (m). Act , § 2, substituted “Panama Canal Company” for “Panama Railroad Company”.

July 16, 19491949—Subsec. (m). Act , added subsec. (m).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–185Apr. 25, 2000section 21 of Pub. L. 106–185 section 1324 of Title 8Amendment by applicable to any forfeiture proceeding commenced on or after the date that is 120 days after , see , set out as a note under , Aliens and Nationality.

Effective Date of 1959 Amendment

Pub. L. 86–168Jan. 1, 1960section 203(c) of Pub. L. 86–168Amendment by effective , see .

Effective Date of 1950 Amendment

Sept. 26, 1950Sept. 26, 1950Amendment by act , 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 .

Transfer of Functions

November 25, 2002section 542 of Title 6For 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 , as modified, set out as a note under .

Pub. L. 89–670, § 6(b)(1)Oct. 15, 196680 Stat. 938 Section 6(b)(2) of Pub. L. 89–670 section 108 of Title 49Coast 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 , , . , 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 former section 3 (now 103) of Title 14, Coast Guard. See , Transportation.

Northern Mariana Islands—Applicability of Subsec. (k)

Pub. L. 97–357, title II, § 204Oct. 19, 198296 Stat. 1708

section 2680 of title 28Oct. 19, 1982“That the Northern Mariana Islands shall not be considered a foreign country for purposes of subsection (k) of , United States Code, with respect to claims which accrued no more than two years prior to the effective date of this Act [].”

, , , provided:

Termination of National Emergency

Sept. 14, 1976section 1601 of Title 50Declaration of national emergency in effect on , was terminated two years from that date by , War and National Defense.

Applicability of Subsec. (j)

July 3, 1952, ch. 570, § 1(a)(32) 66 Stat. 333 Mar. 31, 1953, ch. 13, § 1 67 Stat. 18 June 30, 1953, ch. 172 67 Stat. 132 Dec. 16, 1950section 1 of Title 50Aug. 1, 1953July 3, 1952June 16, 1952Joint Res. , , as amended by Joint Res. , , and Joint Res. , , 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 by 1950 Proc. No. 2914, 15 F.R. 9029, set out as a note preceding , War and National Defense, or such earlier date or dates as may be provided for by Congress, but in no event beyond . Section 7 of Joint Res. , provided that it should become effective .

July 3, 1952, ch. 570, § 6 66 Stat. 334 Apr. 14, 1952, ch. 204 66 Stat. 54 May 28, 1952, ch. 339 66 Stat. 96 June 14, 1952, ch. 437 66 Stat. 137 June 30, 1952, ch. 526 66 Stat. 296 July 3, 1952June 16, 1952July 3, 1952Joint Res. , , repealed Joint Res. , as amended by Joint Res. , ; Joint Res. , ; Joint Res. , , which continued provisions of subsec. (j) of this section until . This repeal was made effective , by section 7 of Joint Res. .

Executive Documents

Transfer of Functions

July 1, 1949For 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 [§ 1a(2)(4)], eff. .