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28 U.S.C. § 2679 — Exclusiveness of remedy
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
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Source file: Laws/federal/codes/united-states-code/title-28/section-2679-exclusiveness-of-remedy--9e1c11fb05.md
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Source location: Title 28, Chapter 171, § 2679; chapter-171-tort-claims-procedure.md
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**(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 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)**
(1) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a United States district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant.
(2) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim 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 in which the action or proceeding is pending. Such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. This certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal.
(3) In the event that the Attorney General has refused to certify scope of office or employment under this section, the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment. Upon such certification by the court, such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. A copy of the petition shall be served upon the United States in accordance with the provisions of Rule 4(d)(4) 11 So in original. Probably should be a reference to Rule 4(i). of the Federal Rules of Civil Procedure. In the event the petition is filed in a civil action or proceeding pending in a State court, the action or proceeding may be removed without bond by the Attorney General to the district court of the United States for the district and division embracing the place in which it is pending. If, in considering the petition, the district court determines that the employee was not acting within the scope of his office or employment, the action or proceeding shall be remanded to the State court.
(4) Upon certification, any action or proceeding subject to paragraph (1), (2), or (3) shall proceed in the same manner as any action against the United States filed pursuant to [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim) and shall be subject to the limitations and exceptions applicable to those actions.
(5) Whenever an action or proceeding in which the United States is substituted as the party defendant under this subsection is dismissed for failure first to present a claim pursuant to [section 2675(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2675/a&num=0&edition=prelim), such a claim shall be deemed to be timely presented under [section 2401(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2401/b&num=0&edition=prelim) if—
(A) the claim would have been timely had it been filed on the date the underlying civil action was commenced, and
(B) the claim is presented to the appropriate Federal agency within 60 days after dismissal of the civil action.
**(e)** The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677, and with the same effect.
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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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2671
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusiveness of remedy**
(1) An action against the Tennessee Valley Authority 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 Tennessee Valley Authority while acting within the scope of this office or employment is exlusive 11 So in original. Probably should 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. Any other civil action or proceeding arising out of or relating to the same subject matter against the employee or his estate is precluded without regard to when the act or omission occurred.
(2) Paragraph (1) does not extend or apply to a cognizable action against an employee of the Tennessee Valley Authority for money damages for a violation of the Constitution of the United States.
**(b) Representation and removal**
(1) Upon certification by the Tennessee Valley Authority that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding heretofore or hereafter commenced upon such claim in a United States district court shall be deemed an action against the Tennessee Valley Authority pursuant to [16 U.S.C. 831c(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section831c/b&num=0&edition=prelim) and the Tennessee Valley Authority shall be substituted as the party defendant.
(2) Upon certification by the Tennessee Valley Authority that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding com
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 831c–2
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2674
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Special policemen: functions and powers; regulations: promulgation and enforcement**
(1) The Director may authorize Agency personnel within the United States to perform the same functions as officers and agents of the Department of Homeland Security, as provided in [section 1315(b)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1315/b/2&num=0&edition=prelim), with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers—
(A) within the Agency Headquarters Installation and the property controlled and occupied by the Federal Highway Administration located immediately adjacent to such Installation;
(B) in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such Installation and property and extending outward 500 yards;
(C) within any other Agency installation and protected property;
(D) within an installation owned, or contracted to be occupied for a period of one year or longer, by the Office of the Director of National Intelligence; and
(E) in the streets, sidewalks, and open areas within the zone beginning at the outside boundary of any installation or property referred to in subparagraph (C) or (D) and extending outward 500 yards.
(2) The performance of functions and exercise of powers under subparagraph (B) or (E) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to Agency installations, property, or employees.
(3) Nothin
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3515
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Law enforcement authority**
(1) The Director of the National Security Agency may authorize agency personnel within the United States to perform the same functions as officers and agents of the Department of Homeland Security, as provided in [section 1315(b)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1315/b/2&num=0&edition=prelim), with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers—
(A) at the National Security Agency Headquarters complex and at any facilities and protected property which are solely under the administration and control of, or are used exclusively by, the National Security Agency; and
(B) in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such facilities or protected property and extending outward 500 feet.
(2) The performance of functions and exercise of powers under subparagraph (B) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to agency installations, property, or employees.
(3) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service.
(4) The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A) of paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
Page 642
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2678
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.
Editorial Notes
AMENDMENTS
1966—Pub. L. 89–506 struck out provision requiring
that approval of court be obtained before Attorney
General could arbitrate, compromise, or settle a claim
after commencement of an action thereon.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89–506 applicable to claims ac-
cruing six months or more after July 18, 1966, see sec-
tion 10 of Pub. L. 89–506, set out as a note under section
2672 of this title.
§ 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, com-
promise, 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 al-
lowed 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; Pub. L. 89–506,
§ 4, July 18, 1966, 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 the
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2679
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