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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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Housing Needs in Earthquake Disaster Areas: Field Hearings Before the ...

United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Housing and Community Development - 1990 - 1217 pages
...the •xerciM or performance of or Ik* failure 10 ex«rc»»« or perform a discietionnry funvljon or duty on the part of a Federal agency or an employee...Federal Government in carrying out the provisions of this Act. PERFORMANCE OP SERVICES Sec. 306. (a) In carrying out the purposes of this Act, any Federal...
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Government Observation of Safety and Health Standards: Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice - 1990 - 129 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. Thus, f 2680(a) contains two separate...
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The Aviation Security Improvement Act of 1990: Joint Hearing and Markup ...

United States. Congress. House. Committee on Foreign Affairs - 1990 - 321 pages
...shall not be liable for any claim "baaed 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 f 26HO(a). This far-reaching...
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The Aviation Security Improvement Act of 1990: Joint Hearing and Markup ...

United States. Congress. House. Committee on Foreign Affairs - 1990 - 321 pages
...shall not be liable for 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.' 28 USC $ 2680(a). This far-reaching...
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Transportation of Hazardous Materials: Issues in Law, Social Science, and ...

Northwestern University (Evanston, Ill.). Transportation Center - 1993 - 323 pages
...the government's liability does not extend to "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."57 This "discretionary function" exception has been used to immunize the government in...
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Authority and Rules of Senate Committees, 1995-96: A Compilation of the ...

United States. Congress. Senate. Committee on Rules and Administration - 1995 - 311 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. ******* (h) Any claim arising out of...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1997
...1976. as amended at 45 FR 57396, Aug. 28, 1980; 49 FR 38109. Sept. 27. 1984] 53B.6 Nondisorimi nation. Attention is called to the requirements of 24 CFR...Federal Government in carrying out the provisions of the Act. J 38.8 Criminal and civil pena 1 ties. Attention Is called to section 317 of the Act (42 USC 5157)...
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Aviation Safety: Issues Raised by the Crash of Valujet Flight 592 : Hearing ...

United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Aviation, United States - 1997 - 571 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." (Emphasis added.) The discretionary...
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Current Legal Issues Affecting Central Banks, Volume IV.: Volume IV.

Mr.Robert C. Effros - 1997 - 1037 pages
...other exception applies to claims 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 the discretion involved be abused."31 The latter exception has been held...
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The Practices and Procedures of the Investigative Services of the ..., Volume 4

United States. Congress. Senate. Committee on Armed Services. Subcommittee on Personnel, United States - 1997 - 268 pages
...function exception covers any FTCA claims "based upon the exercise or performance or 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). Where the discretionary...
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