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than thirty days after entry of the judgment or order. (June 25, 1948, ch. 646, 62 Stat. 982; June 2, 1970, Pub. L. 91-271, title I, § 120, 84 Stat. 281.)

LEGISLATIVE HISTORY

1948 REVISION

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 296 (Mar. 3, 1911, ch. 231, § 187 (a), as added Oct. 10, 1940, ch. 843, § 1, 54 Stat. 1101).

This section contains a part of section 296 of title 28, U. S. C., 1940 ed. Other provisions of such section are incorporated in sections 251, 252, 253, 456, 1581, 2071, and 2640 of this title.

Changes were made in phraseology.

AMENDMENTS

1970-Pub. L. 91-271 substituted in the section catchline "Retrial or rehearing" for "Analysis of imported merchandise", and substituted provisions authorizing the judge who rendered a judgment or order to grant a retrial or rehearing upon his own motion or motion of a party for provisions authorizing a division or a single judge to order an analysis of imported merchandise.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-271 effective on Oct. 1, 1970, see section 122 of Pub. L. 91-271, set out as a note under section 1541 of this title.

PRIOR PROVISIONS

Provisions similar to those authorizing an analysis of imported merchandise, formerly contained in this section, are now covered by section 2636 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2638 of this title.

§§ 2640 to 2642. Repealed. Pub. L. 91-271, title I, § 121, June 2, 1970, 84 Stat. 281.

Section 2640, act June 25, 1948, ch. 646, 62 Stat. 982, authorized the division which has decided a case or the single judge who has decided an appeal for a reappraisement to grant a rehearing or retrial. See section 2639 of this title.

Section 2641, act June 25, 1948, ch. 646, 62 Stat. 982, authorized the Customs Court to assess a penalty of not less than $5 nor more than $250 against any person filing a frivolous protest or appeal.

Section 2642, act May 24, 1949, ch. 139, § 126, 63 Stat. 106, authorized the Customs Court under its rules and in its discretion to permit the amendment of protests, appeals and pleadings. See section 2632(c) of this title.

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1959-Pub. L. 86–238, § 1(2), Sept. 8, 1959, 73 Stat. 472, substituted "$2,500" for "$1,000" in item 2672.

CROSS REFERENCES

Costs in tort claims cases, see section 2412 of this title. Interest on judgments against the United States, computation, see section 2411 of this title.

Jurisdiction of district courts in tort claims cases, see section 1346 of this title.

Jury trial denied in action against the United States, see section 2402 of this title.

Review of tort claims cases, see sections 1291 and 1504 of this title.

Settlement of claims incident to activities of the Coast Guard, see section 645 of Title 14, Coast Guard.

Time for commencing tort action against the United States, see section 2401 of this title.

Venue in tort claims actions, see section 1402 of this title.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1346 of this title; title 5 section 5564; title 37 section 554; title 39 section 409; title 46 section 740.

§ 2671. Definitions.

As used in this chapter and sections 1346(b) and 2401(b) of this title, the term "Federal agency" includes the executive departments, 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 officers or employees of any federal agency, members of the military or naval forces of the United States, 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.

"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, means acting in line of duty. (June 25, 1948, ch. 646, 62 Stat. 982; May 24, 1949, ch. 139, § 124, 63 Stat. 106; July 18, 1966, Pub. L. 89-506, § 8, 80 Stat. 307.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 941 (Aug. 2, 1946, ch. 753, § 402, 60 Stat. 842). Changes were made in phraseology.

AMENDMENTS

1966-Pub. L. 89-506 expanded the definition of "Federal agency" to include military departments. 1949-Act May 24, 1949, corrected spelling of "office."

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.

AIR FORCE

For transfer of certain functions relating to claims and litigation, insofar as they pertain to the Air Force, from the Secretary of the Army to the Secretary of the Air Force, see Secretary of Defense Transfer Order No. 34 [§ 1a (2) (4)], eff. July 1, 1949.

CROSS REFERENCE

Peace Corps volunteers deemed employees of the United States for purposes of this chapter, see section 2504 of Title 22, Foreign Relations and Intercourse.

§ 2672. Administrative adjustment of claims.

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.

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 offices 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. (June 25, 1948, ch. 646, 62 Stat. 983; Apr. 25, 1949, ch. 92, § 2 (b), 63 Stat. 62; May 24, 1949, ch. 139, § 125, 63 Stat. 106; Sept. 23, 1950, ch. 1010, § 9, 64 Stat. 987; Sept. 8, 1959, Pub. L. 86-238, § 1(1), 73 Stat, 471; July 18, 1966, Pub. L. 89–506, §§ 1, 9(a), 80 Stat. 306, 308.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 921 (Aug. 2, 1946, ch. 753, § 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.

AMENDMENTS

1966-Pub. L. 89-506 substituted "claims" for "claims of $2,500 or less" in the 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, added "compromise" and "settlement" to the the 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 "82,500" for "$1,000" in the catchline and the text.

1950-Act Sept. 23, 1950, eliminated the 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" following "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 and sections 2401(b), 2671, 2675, 2677, 2678, and 2679 (b) of this title, section 724a of Title 31, and section 4116(a) of Title 38] 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." CROSS REFERENCES

Allowance of claims for property loss, personal injury, or death incident to noncombat activities of Army, Navy, or Air Force, see section 2733 (b) (2) of Title 10, Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2678, 2679 of this title; title 10 section 2733; title 22 section 2669; title 31 section 724a; title 32 section 715; title 37 section 351; title 38 sections 236, 351, 4116; title 39 section 2603; title 42 section 2727.

§ 2673. Reports to Congress.

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. (June 25, 1948, ch. 646, 62 Stat. 983.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 922 (Aug. 2, 1946, ch. 753, § 404, 60 Stat. 843). Changes were made in phraseology.

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.

§ 2674. Liability of United States.

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. (June 25, 1948, ch. 646, 62 Stat. 983.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 931 (a) (Aug. 2, 1946, ch. 753, § 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.

CROSS REFERENCES

Interest on judgments, computation, see section 2411 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 724a.

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

(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 or 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. (June 25, 1948, ch. 646, 62 Stat. 983; May 24, 1949, ch. 139, § 126, 63 Stat. 107; July 18, 1966, Pub. L. 89-506, § 2, 80 Stat. 306.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 931 (b) (Aug. 2, 1946, ch. 753, § 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 re

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

Changes were made in phraseology.

AMENDMENTS

1966-Subsec. (a). Pub. L. 89-506, § 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, § 2(b), deleted 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" in lieu of "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.

CROSS REFERENCES

District courts, jurisdiction of tort claims cases, see section 1346 of this title.

Jury trial denied in actions against the United States, see section 2402 of this title.

Time for commencing tort action against the United States, see section 2401 of this title.

Venue in tort claims actions, see section 1402 of this title.

§ 2676. Judgment as bar.

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

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed.. § 931 (b) (Aug. 2, 1946, ch. 753, § 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.

§ 2677. Compromise.

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. (June 25, 1948, ch. 646, 62 Stat. 984; July 18, 1966, Pub. L. 89-506, § 3, 80 Stat. 307.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 934 (Aug. 2, 1946, ch. 753, § 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 deleted provision requiring that the approval of the court be obtained before the 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2672, 2678, 2680 of this title; title 37 section 351; title 38 sections 351, 4116. § 2678. Attorney fees; penalty.

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 he had, shall be fined not more than $2,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 646, 62 Stat. 984; July 18, 1966, Pub. L. 89-506, § 4, 80 Stat. 307.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 944 (Aug. 2, 1946, ch. 753, § 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.

§ 2679. Exclusiveness of remedy.

(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) 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.

(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 47-500 0-71-vol. 7- -19

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) 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.

(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. (June 25, 1948, ch. 646, 62 Stat. 984; Sept. 21, 1961, Pub. L. 87-258, § 1, 75 Stat. 539; July 18, 1966, Pub. L. 89-506, § 5(a), 80 Stat. 307.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 945 (Aug. 2, 1946, ch. 753, § 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. AMENDMENTS

1966-Subsec. (b). Pub. L. 89-506 inserted reference to section 2672 of this title and substituted reference simply to "remedy" for reference to "remedy by suit". 1961-Pub. L. 87-258 designated existing provisions as subsec. (a) and added subsecs. (b)—(e).

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 [adding subsecs. (b)—(e)] 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."

CROSS REFERENCES

Court of Claims, appellate jurisdiction in tort claims cases, see section 1504 of this title. Courts of appeals, review of final decisions of district courts, see section 1291 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 section 1920; title 20 sections 744, 993, 1082; title 42 section 3211.

§ 2680. Exceptions.

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 or merchandise by any officer of customs or excise or any other law-enforcement officer.

(d) Any claim for which a remedy is provided by sections 741-752, 781-790 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, § 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.

(1) 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. (1) 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, §§ 2(a) (2), 13(5), 64 Stat. 1038, 1043; Aug. 18, 1959, Pub. L. 86-168, title II, § 202 (b), 73 Stat. 389.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 943 (Aug. 2, 1946, ch. 753, § 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.

REFERENCES IN TEXT

Section 743a, included in the reference to sections 741 to 752 in subsec. (d) was not part of Act, Mar. 9, 1920, ch. 95, which enacted sections 741 to 752 of this title.

Reference to sections 1-31 of Title 50, Appendix, in subsec. (e), was derived from a reference in the original to the Trading with the Enemy Act, Oct. 6, 1917, ch. 106, 40 Stat. 411, which is set out as section 1 et seq. of Title 50, Appendix. Sections 6a and 6b, included in the reference to sections 1-31 of Title 50, Appendix, were not enacted as part of the Trading with the Enemy Act. AMENDMENTS

1959 Subsec. (n). Pub. L. 86-168 added subsec. (n). 1950 Subsec. (g). Act Sept. 26, 1950, § 13(5) repealed subsec. (g).

Subsec. (m). Act Sept. 26, 1950, § 2, substituted Panama Canal Company for Panama Railroad Company. 1949 Subsec. (m). Act July 16, 1949; added subsec. (m).

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment of section by Pub. L. 86-168 effective Jan. 1, 1960, see section 203 (c) of Pub. L. 86-168, set out as a note under section 6401 of Title 12, Banks and Banking.

EFFECTIVE DATE OF 1950 AMENDMENT

Section 14 of act Sept. 26, 1950, provided that the repeal of subpar. (g) and amendment of subpar. (m) of this section by that act should take effect upon the effective date of the transfer to the Panama Canal Company, pursuant to the provisions of section 256 of the Canal Zone Code, as added by section 10 of that act, of the Panama Canal together with the facilities and appurtenances related thereto.

EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under section 3 of Title 14, Coast Guard, were excepted from the transfer of functions of officers, agencies, and employees of the Department of the Treasury to the Secretary of the Treasury, made by 1950 Reorg. Plan No. 26, § 1, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

AIR FORCE

For transfer of certain functions relating to claims and litigation, insofar as they pertain to the Air Force, from the Secretary of the Army to the Secretary of the Air Force, see Secretary of Defense Transfer Order No. 34 [§ la(2) (4)], eff. July 1, 1949.

CONTINUATION OF PROVISIONS UNTIL AUGUST 1, 1953 Section 1 (a), (32) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 333, as amended by Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, and Joint Res. June 30, 1953, ch. 172, 67 Stat. 132, provided that this section 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 Appendix to Title 50, War and National Defense, or such earlier date or dates as may be provided for by Congress, but in no event beyond August 1, 1953. Section 7 of Joint Res. July 3, 1952, provided that it should become effective June 16, 1952.

REPEAL OF PRIOR ACTS CONTINUING SUBSEC. (J) Section 6 of Joint Res. July 3, 1952, referred to above. 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 (see note above) until July 3, 1952. This repeal was made effective June 16, 1952, by section 7 of Joint Res. July 3, 1952.

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