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28 U.S.C. § 2671 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter and sections 1346(b) and 2401(b) of this title, the term “Federal agency” includes the executive departments, the judicial and legislative branches, 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.
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Stable record: federal_law:legal_authorities:record_usc_c0f7e45046880bc1540be052
Source file: Laws/federal/codes/united-states-code/title-28/section-2671-definitions--38e6d1b472.md
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Source location: Title 28, Chapter 171, § 2671; chapter-171-tort-claims-procedure.md
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As used in this chapter and sections 1346(b) and 2401(b) of this title, the term “Federal agency” includes the executive departments, the judicial and legislative branches, 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.
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Federal law — U.S. Code and appendices · legal_authorities
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. Notwithstanding the proviso contained in the preceding sentence, any award, compromise, or settlement may be effected without the prior written approval of the Attorney General or his or her designee, to the extent that the Attorney General delegates to the head of the agency the authority to make such award, compromise, or settlement. Such delegations may not exceed the authority delegated by the Attorney General to the United States attorneys to settle claims for money damages against the United States. Each Federal agency may use arbitration, or other alternative means of dispute resolution under the provisions of subchapter IV of chapter 5 of title 5, to settle any tort claim against the United States, to the extent of the agency’s authority to award, compromise, or settle such claim without the prior written approval of the Attorney General or his or her designee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2672
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the armed forces, the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32, the Department of Defense, the Armed Forces Retirement Home, or the Central Intelligence Agency in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of his duties or employment therein or therefor shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) whose act or omission gave rise to such action or proceeding. This subsection shall also apply to such a physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) serving under a personal services contract entered into under [section 1091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1091&num=0&edition=prelim) or a subcontract at any tier under such a contract that is authorized in accordance with the requirements of such section 1091.
**(b)** The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or the estate of such person) for any such injury. Any such person against
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1089
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Federal law — U.S. Code and appendices · legal_authorities
The term “crime of violence” means—
**(a)** an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
**(b)** any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 16
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Federal law — U.S. Code and appendices · legal_authorities
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim), and the remedies provided by this title in such cases shall be exclusive.
**(b)**
(1) 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 arising or resulting from the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment is exclusive of any other civil action or proceeding for money damages by reason of the same subject matter against the employee whose act or omission gave rise to the claim or against the estate of such employee. Any other civil action or proceeding for money damages arising out of or relating to the same subject matter against the employee or the employee’s estate is precluded without regard to when the act or omission occurred.
(2) Paragraph (1) does not extend or apply to a civil action against an employee of the Government—
(A) which is brought for a violation of the Constitution of the United States, or
(B) which is brought for a violation of a statute of the United States under which such action against an individual is otherwise authorized.
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2679
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short Title.—** This section may be cited as the “Atomic Energy Testing Liability Act”.
**(b) Federal Remedies Applicable; Exclusiveness of Remedies.—**
(1) The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by chapter 309 or 311 of title 46, as appropriate, for injury, loss of property, personal injury, or death shall apply to any civil action for injury, loss of property, personal injury, or death due to exposure to radiation based on acts or omissions by a contractor in carrying out an atomic weapons testing program under a contract with the United States.
(2) The remedies referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining civil liability arising from any act or omission of the contractor without regard to when the act or omission occurred. The employees of a contractor referred to in paragraph (1) shall be considered to be employees of the Federal Government, as provided in [section 2671 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2671&num=0&edition=prelim), for the purposes of any such civil action or proceeding; and the civil action or proceeding shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b) of such title and shall be subject to the limitations and exceptions applicable to those actions.
**(c) Procedure.—** A contractor against whom a civil action or proceeding described in subsection (b) is brought shall promptly deliver all processes served upon that contractor to the Attorney General of the United States. Upon certification by the Attorney General that the suit against the contractor is within the provisions of subsection (b), a civil action
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6324
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Federal law — U.S. Code and appendices · legal_authorities
In order to preserve for public use and enjoyment certain areas of Marin and San Francisco Counties, California, possessing outstanding natural, historic, scenic, and recreational values, and in order to provide for the maintenance of needed recreational open space necessary to urban environment and planning, the Golden Gate National Recreation Area (hereinafter referred to as the “recreation area”) is hereby established. In the management of the recreation area, the Secretary of the Interior (hereinafter referred to as the “Secretary”) shall utilize the resources in a manner which will provide for recreation and educational opportunities consistent with sound principles of land use planning and management. In carrying out the provisions of this subchapter, the Secretary shall preserve the recreation area, as far as possible, in its natural setting, and protect it from development and uses which would destroy the scenic beauty and natural character of the area.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460bb
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall administer the Preserve in accordance with sections 698u to 698u–7 of this title, the cooperative agreements described in subsection (f)(1), and the provisions of law generally applicable to units of the National Park System, including the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 ([16 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1&num=0&edition=prelim), 2 through 4) 11 See References in Text note below. and the Act of August 21, 1935 (49 Stat. 666; [16 U.S.C. 461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section461&num=0&edition=prelim) et seq.).1
**(b) Application of regulations** With the consent of a private owner of land within the boundaries of the Preserve, the regulations issued by the Secretary concerning the National Park Service that provide for the proper use, management, and protection of persons, property, and natural and cultural resources shall apply to the private land.
**(c) Facilities** For purposes of carrying out the duties of the Secretary under sections 698u to 698u–7 of this title relating to the Preserve, the Secretary may, with the consent of a landowner, directly or by contract, construct, reconstruct, rehabilitate, or develop essential buildings, structures, and related facilities including roads, trails, and other interpretive facilities on real property that is not owned by the Federal Government and is located within the Preserve.
**(d) Liability**
(1) **Liability of the United States and its officers and employees** — Except as otherwise provided in this subsection, the liability of the United States is subject to the terms and conditions of the Federal Tort Clai
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 698u–3
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—**
(1) **In general.—** — Each State shall have in effect a highway safety program that—
(i) is designed to reduce—
(I) traffic crashes; and
(II) deaths, injuries, and property damage resulting from those crashes;
(ii) includes—
(I) an approved, current, triennial highway safety plan in accordance with subsection (k); and
(II) an approved grant application under subsection (l) for the fiscal year;
(iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and
(iv) is approved by the Secretary.
(2) **Uniform guidelines.—** — Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that—
(A) include programs—
(i) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits;
(ii) to encourage the proper use of safety belts by occupants of motor vehicles;
(iii) to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations;
(iv) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance;
(v) to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles;
(vi) to reduce injuries and deaths resulting from crashes involving school buses;
(vii) to reduce crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles);
(viii) to improve law enforcement services in motor vehicle crash prevention, traffic supervision, and post-crash proce
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 402
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary, in consultation with the American Association of State Highway and Transportation Officials, shall establish and carry out, acting through the National Research Council of the National Academy of Sciences, the future strategic highway research program.
**(b) Cooperative Agreements.—** The Secretary may make grants to, and enter into cooperative agreements with, the American Association of State Highway and Transportation Officials and the National Academy of Sciences to carry out such activities under this section as the Secretary determines are appropriate.
**(c) Program Priorities.—**
(1) **Program elements.—** — The program established under this section shall be based on the National Research Council Special Report 260, entitled “Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life” and the results of the detailed planning work subsequently carried out in 2002 and 2003 to identify the research areas through National Cooperative Research Program Project 20–58. The research program shall include an analysis of the following:
(A) Renewal of aging highway infrastructure with minimal impact to users of the facilities.
(B) Driving behavior and likely crash causal factors to support improved countermeasures.
(C) Reducing highway congestion due to nonrecurring congestion.
(D) Planning and designing new road capacity to meet mobility, economic, environmental, and community needs.
(2) **Dissemination of results.—** — The research results of the program, expressed in terms of technologies, methodologies, and other appropriate categorizations, shall be disseminated to practicing engineers for their use, as soon as practicable.
**(d) Program Administration.—** In carrying out the program
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 510
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