(Added Pub. L. 96-417, title III, § 301, Oct. 10, 1980, 94 Stat. 1737.) REFERENCES IN TEXT Sections 223, 251, and 271 of the Trade Act of 1974, referred to in subsec. (c)(2), are classified to sections 2273, 2341, and 2371, respectively, of Title 19, Customs Duties. Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (c)(3), is classified to section 1677f(c)(2) of Title 19. EFFECTIVE DATE Subsecs. (a) and (c)(2), (4) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(B) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title. § 2644. Interest If, in a civil action in the Court of International Trade under section 515 of the Tariff Act of 1930, the plaintiff obtains monetary relief by a judgment or under a stipulation agreement, interest shall be allowed at an annual rate established under section 6621 of the Internal Revenue Code of 1954. Such interest shall be calculated from the date of the filing of the summons in such action to the date of the refund. (Added Pub. L. 96-417, title III, § 301, Oct. 10, 1980, 94 Stat. 1738.) REFERENCES IN TEXT Section 515 of the Tariff Act of 1930, referred to in text, is classified to section 1515 of Title 19, Customs Duties. Section 6621 of the Internal Revenue Code of 1954, referred to in text, is classified to section 6621 of Title 26, Internal Revenue Code. EFFECTIVE DATE Section applicable with respect to civil actions commenced on or after Nov. 1, 1980. see section 701(b)(1)(B) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title. 82645. Decisions (a) A final decision of the Court of International Trade in a contested civil action or a decision granting or refusing a preliminary injunction shall be supported by (1) a statement of findings of fact and conclusions of law; or (2) an opinion stating the reasons and facts upon which the decision is based. (b) After the Court of International Trade has rendered a judgment, the court may, upon the motion of a party or upon its own motion, amend its findings or make additional findings and may amend the decision and judgment accordingly. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment. (c) A decision of the Court of International Trade is final and conclusive, unless a retrial or rehearing is granted pursuant to section 2646 of this title or an appeal is taken to the Court of Appeals for the Federal Circuit by filing a notice of appeal with the clerk of the Court of International Trade within the time and in the manner prescribed for appeals to United States courts of appeals from the United States district courts. (Added Pub. L. 96-417, title III, § 301, Oct. 10, 1980, 94 Stat. 1738, and amended Pub. L. 97-164, title I, § 141, Apr. 2, 1982, 96 Stat. 45.) AMENDMENTS 1982-Subsec. (c). Pub. L. 97-164 substituted "is taken to the Court of Appeals for the Federal Circuit by filing a notice of appeal with the clerk of the Court of International Trade within the time and in the manner prescribed for appeals to United States courts of appeals from the United States district courts" for "is taken to the Court of Customs and Patent Appeals within the time and in the manner provided in section 2601 of this title". EFFECTIVE Date of 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title. § 2646. Retrial or rehearing After the Court of International Trade has rendered a judgment or order, the court may, upon the motion of a party or upon its own motion, grant a retrial or rehearing, as the case may be. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment or order. (Added Pub. L. 96-417, title III, § 301, Oct. 10, 1980, 94 Stat. 1739.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2645 of this title. § 2647. Precedence of cases The following civil actions in the Court of International Trade shall be given precedence, in the following order, over other civil actions pending before the court, and shall be assigned for hearing at the earliest practicable date and expedited in every way: (1) First, a civil action involving the exclusion of perishable merchandise or the redelivery of such merchandise. (2) Second, a civil action for the review of a determination under section 516A(a)(1)(B)(i) or (ii) of the Tariff Act of 1930. (3) Third, a civil action commenced under section 515 of the Tariff Act of 1930 involving the exclusion or redelivery of merchandise. (4) Fourth, a civil action commenced under section 516 or 516A of the Tariff Act of 1930, other than a civil action described in paragraph (2) of this section. (Added Pub. L. 96-417, title III, § 301, Oct. 10, 1980, 94 Stat. 1739.) REFERENCES IN TEXT Section 516A of the Tariff Act of 1930, referred to in pars. (2) and (4), is classified to section 15168 of Title 19, Customs Duties. Section 515 of the Tariff Act of 1930, referred to in par. (3) is classified to section 1515 of Title 19. Section 516 of the Tariff Act of 1930, referred to in par. (4) is classified to section 1516 of Title 19. 1966-Pub. L. 89-506, § 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, § 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 section 1291 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. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1346 of this title; title 2 section 190g; title 5 sections 3102, 3111, 3373, 3374, 5564; title 7 section 2272; title 10 section 2360; title 15 section 637; title 16 sections 565a-2, 742f, 7421, 773a, 1703, 3602; title 22 sections 2504, 3508, 3761; title 29 section 1706; title 31 sections 3723, 3724; title 37 section 554; title 39 section 409; title 42 sections 5055, 8768, 8771; title 45 section 437; 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, members of the National Guard while engaged in training or duty under section 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 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 mili tary 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. (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; Dec. 29, 1981, Pub. L. 97-124, § 1, 95 Stat. 1666.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 941 (Aug. 2, 1946, ch. 753, § 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 1981-Pub. L. 97-124 added "members of the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32,” in the definition of "Employee of the government" and "or a member of the National Guard as defined in section 101(3) of title 32" in the definition of “Acting within the scope of his office or employment". 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 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. 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 REFERENCES 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.) HISTORICAL AND REVISION NOTES 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. 1949 ACT This section corrects a typographical error in section 2672 of title 28, U.S.C. 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 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 the catchline and the text. 1950-Act Sept. 23, 1950, eliminated the requirement for specific authorization for payment of tort claims in appropriation acts. 11-611 O-83 Vol. 12-29 QL 3 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 sections 2401(b), 2671, 2672, 2675, 2677, 2678, and 2679(b) of this title, section 724a of former Title 31, Money and Finance, and section 4116(a) of Title 38, Veterans' Benefits], shall apply to claims accruing six months or more after the date of its enactment [July 18, 19661." 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 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 sections 1089, 2733; title 15 section 2081; title 21 section 904; title 22 sections 1474, 2669, 2702; title 29 section 1706; title 31 section 1304; title 32 section 715; title 38 sections 236, 351, 4116; title 39 section 2603; title 42 sections 233, 2458a, 5055. § 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.) 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. HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 922 (Aug. 2, 1946, ch. 753, § 404, 60 Stat. 843). Changes were made in phraseology. § 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.) HISTORICAL AND REVISION NOTES 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. § 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, crossclaim, 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.) HISTORICAL AND REVISION NOTES 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 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. REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. 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, crossclaim, 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.) HISTORICAL AND REVISION NOTES 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.) HISTORICAL AND REVISION NOTES 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 of this title; title 10 section 1089; title 22 section 2702; title 31 section 1304; title 38 sections 351, 4116; title 42 sections 233, 2458a, 5055. § 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 be 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.) HISTORICAL AND REVISION NOTES 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 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 |