...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,...

...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,...

...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...

...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...

...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...

...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....

...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...

...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...

...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,...

...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...