28 U.S.C. § 2645 — Decisions

Page 636 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2644 2341, and 2371, respectively, of Title 19, Customs Duties. Section 2371 of Title 19 was omitted from the Code as terminated Sept. 30, 1982. Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (c)(3), is classified to section 1677f(c)(2) of Title 19. Section 516A(f)(9) of the Tariff Act of 1930, referred to in subsec. (c)(5), is classified to section 1516a(f)(9) of Title 19. Section 641 of the Tariff Act of 1930, referred to in subsec. (e), is classified to section 1641 of Title 19. AMENDMENTS 2020—Subsec. (c)(5). Pub. L. 116–113 substituted ‘‘sec- tion 516A(f)(9)’’ for ‘‘section 516A(f)(10)’’. 1993—Subsec. (c)(5). Pub. L. 103–182 substituted ‘‘mer- chandise of a free trade area country (as defined in sec- tion 516A(f)(10) of the Tariff Act of 1930)’’ for ‘‘Canadian merchandise’’. 1988—Subsec. (c). Pub. L. 100–449 temporarily sub- stituted ‘‘(4), and (5)’’ for ‘‘and (4)’’ in par. (1) and added par. (5). See Effective and Termination Dates of 1988 Amendment note below. 1984—Subsec. (e). Pub. L. 98–573 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under sec- tion 1516a of Title 19, Customs Duties, or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of Title 19. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title 19, Customs Duties, notice of which is published in the Federal Register before such date, or to a determina- tion described in section 1516a(a)(2)(B)(vi) of Title 19, notice of which is received by the Government of Can- ada or Mexico before such date, or to any binational panel review under the United States-Canada Free- Trade Agreement, or to any extraordinary challenge arising out of any such review that was commenced be- fore such date, see section 416 of Pub. L. 103–182, for- merly set out as an Effective Date note under former section 3431 of Title 19. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective on close of 180th day after Oct. 30, 1984, see section 214(d) of Pub. L. 98–573, set out as a note under section 1304 of Title 19, Customs Duties. EFFECTIVE DATE Subsecs. (a) and (c)(2), (4) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(B) of Pub. L. 96–417, set out as an Effective Date of 1980 Amendment note under section 251 of this title. EFFECT OF TERMINATION OF USMCA COUNTRY STATUS For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of Title 19, Customs Duties. § 2644. Interest If, in a civil action in the Court of Inter- national Trade under section 515 of the Tariff Act of 1930, the plaintiff obtains monetary relief by a judgment or under a stipulation agreement, interest shall be allowed at an annual rate es- tablished under section 6621 of the Internal Rev- enue Code of 1986. Such interest shall be cal- culated from the date of the filing of the sum- mons in such action to the date of the refund. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1738; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes REFERENCES IN TEXT Section 515 of the Tariff Act of 1930, referred to in text, is classified to section 1515 of Title 19, Customs Duties. Section 6621 of the Internal Revenue Code of 1986, re- ferred to in text, is classified to section 6621 of Title 26, Internal Revenue Code. AMENDMENTS 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to civil actions com- menced on or after Nov. 1, 1980, see section 701(b)(1)(B) of Pub. L. 96–417, set out as an Effective Date of 1980 Amendment note under section 251 of this title. § 2645. Decisions (a) A final decision of the Court of Inter- national Trade in a contested civil action or a decision granting or refusing a preliminary in- junction shall be supported by— (1) a statement of findings of fact and con- clusions of law; or (2) an opinion stating the reasons and facts upon which the decision is based. (b) After the Court of International Trade has rendered a judgment, the court may, upon the motion of a party or upon its own motion, amend its findings or make additional findings and may amend the decision and judgment ac- cordingly. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment. (c) A decision of the Court of International Trade is final and conclusive, unless a retrial or rehearing is granted pursuant to section 2646 of this title or an appeal is taken to the Court of Appeals for the Federal Circuit by filing a notice of appeal with the clerk of the Court of Inter- national Trade within the time and in the man- ner prescribed for appeals to United States courts of appeals from the United States district courts. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1738; amended Pub. L. 97–164, title I, § 141, Apr. 2, 1982, 96 Stat. 45.) Editorial Notes AMENDMENTS 1982—Subsec. (c). Pub. L. 97–164 substituted ‘‘is taken to the Court of Appeals for the Federal Circuit by filing Page 637 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE [§ 2647 a notice of appeal with the clerk of the Court of Inter- national Trade within the time and in the manner pre- scribed for appeals to United States courts of appeals from the United States district courts’’ for ‘‘is taken to the Court of Customs and Patent Appeals within the time and in the manner provided in section 2601 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 2646. Retrial or rehearing After the Court of International Trade has rendered a judgment or order, the court may, upon the motion of a party or upon its own mo- tion, grant a retrial or rehearing, as the case may be. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment or order. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1739.) [§ 2647. Repealed. Pub. L. 98–620, title IV, § 402(29)(G), Nov. 8, 1984, 98 Stat. 3359] Section, added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1739; amended Pub. L. 98–573, title VI, § 623(b)(2), Oct. 30, 1984, 98 Stat. 3041, related to prece- dence of cases. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of this title. CHAPTER 171—TORT CLAIMS PROCEDURE Sec. 2671. Definitions. 2672. Administrative adjustment of claims. 2673. Reports to Congress. 2674. Liability of United States. 2675. Disposition by federal agency as prerequisite; evidence. 2676. Judgment as bar. 2677. Compromise. 2678. Attorney fees; penalty. 2679. Exclusiveness of remedy. 2680. Exceptions. SENATE REVISION AMENDMENT As printed in this report, this chapter should have read ‘‘173’’ and not ‘‘171’’. It was properly numbered ‘‘173’’ in the bill. However, the chapter was renumbered ‘‘171’’, without change in its section numbers, by Sen- ate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes AMENDMENTS 1966—Pub. L. 89–506, § 9(b), July 18, 1966, 80 Stat. 308, substituted ‘‘claims’’ for ‘‘claims of $2,500 or less’’ in item 2672. 1959—Pub. L. 86–238, § 1(2), Sept. 8, 1959, 73 Stat. 472, substituted ‘‘$2,500’’ for ‘‘$1,000’’ in item 2672. Statutory Notes and Related Subsidiaries FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP LEJEUNE, NORTH CAROLINA Pub. L. 117–168, title VIII, § 804, Aug. 10, 2022, 136 Stat. 1802, provided that: ‘‘(a) SHORT TITLE.—This section may be cited as the ‘Camp Lejeune Justice Act of 2022’. ‘‘(b) IN GENERAL.—An individual, including a veteran (as defined in section 101 of title 38, United States Code), or the legal representative of such an individual, who resided, worked, or was otherwise exposed (includ- ing in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of, the United States may bring an action in the United States District Court for the Eastern District of North Caro- lina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune. ‘‘(c) BURDENS AND STANDARD OF PROOF.— ‘‘(1) IN GENERAL.—The burden of proof shall be on the party filing the action to show one or more rela- tionships between the water at Camp Lejeune and the harm. ‘‘(2) STANDARDS.—To meet the burden of proof de- scribed in paragraph (1), a party shall produce evi- dence showing that the relationship between expo- sure to the water at Camp Lejeune and the harm is— ‘‘(A) sufficient to conclude that a causal relation- ship exists; or ‘‘(B) sufficient to conclude that a causal relation- ship is at least as likely as not. ‘‘(d) EXCLUSIVE JURISDICTION AND VENUE.—The United States District Court for the Eastern District of North Carolina shall have exclusive jurisdiction over any ac- tion filed under subsection (b), and shall be the exclu- sive venue for such an action. Nothing in this sub- section shall impair the right of any party to a trial by jury. ‘‘(e) EXCLUSIVE REMEDY.— ‘‘(1) IN GENERAL.—An individual, or legal represent- ative of an individual, who brings an action under this section for a harm described in subsection (b), in- cluding a latent disease, may not thereafter bring a tort action against the United States for such harm pursuant to any other law. ‘‘(2) HEALTH AND DISABILITY BENEFITS RELATING TO WATER EXPOSURE.—Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any dis- ability award, payment, or benefit provided to the in- dividual, or legal representative— ‘‘(A) under— ‘‘(i) any program under the laws administered by the Secretary of Veterans Affairs; ‘‘(ii) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or ‘‘(iii) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and ‘‘(B) in connection with health care or a dis- ability relating to exposure to the water at Camp Lejeune. ‘‘(f) IMMUNITY LIMITATION.—The United States may not assert any claim to immunity in an action under this section that would otherwise be available under section 2680(a) of title 28, United States Code. ‘‘(g) NO PUNITIVE DAMAGES.—Punitive damages may not be awarded in any action under this section. ‘‘(h) DISPOSITION BY FEDERAL AGENCY REQUIRED.—An individual may not bring an action under this section before complying with section 2675 of title 28, United States Code. ‘‘(i) EXCEPTION FOR COMBATANT ACTIVITIES.—This sec- tion does not apply to any claim or action arising out of the combatant activities of the Armed Forces. ‘‘(j) APPLICABILITY; PERIOD FOR FILING.— ‘‘(1) APPLICABILITY.—This section shall apply only to a claim accruing before the date of enactment of this Act [Aug. 10, 2022]. ‘‘(2) STATUTE OF LIMITATIONS.—A claim in an action under this section may not be commenced after the later of— ‘‘(A) the date that is two years after the date of enactment of this Act; or