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" ... 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. "
Code of Federal Regulations: Containing a Codification of Documents of ... - Page 160
1999
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The JAG Journal

1947
...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,...
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Amendments to the Price-Anderson Act of 1954: Hearing Before the ...

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Energy and the Environment - 1984 - 752 pages
...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"! 2~5 USC J2680(a) (Emphasis aaded) Summary...
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Undercover Operations Act: Hearing Before the Subcommittee on Criminal Law ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law - 1984 - 362 pages
...Act's exception barring any action "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." (28 USC 2680(a) (1976).) For the...
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Recreation User Fees: Hearing Before the Subcommittee on Public ..., Volume 4

United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Public Lands, Reserved Water, and Resource Conservation - 1985 - 287 pages
...not apply to . . . any claim . . . 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. According to the United States, "the...
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Digest of United States Practice in International Law

1977
...connection any claims under the Act based on 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 it is abused is excepted from coverage under the provisions of the Act....
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Government Liability for Atomic Weapons Testing Program: Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary - 1987 - 163 pages
...TORT CLAIMS ACT FOR ANY CLAIM ARISING OUT OF "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 IS ABUSED." 28 USC SEC. 2680U) (1982). 3. THE FOREIGN...
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Social Security: More Must be Done to Credit Earnings to Individuals ...

United States. General Accounting Office - 1987 - 70 pages
...Tort Claims Act, 28 USC 2671 et seo,., specifically excludes claims based on the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the government. 28 USC 2680(a). Since the IBS is not obligated to attempt a complete reconciliation of...
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Committee on the Judiciary, the Subcommittee on Administrative Law ..., Volume 4

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1987 - 55 pages
...statute or regulation be vaild, 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,...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 467

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1987
...the Act shall not apply to claims "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" (discretionary function exception). The...
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Supplemental Rules of Procedure for Private Claims Bills, Volume 4

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1989 - 58 pages
...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,...
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