dreamproit/uscode huggingface dataset:
28 U.S.C. § 2674 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2674. Liability of United States
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.
If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof.
With respect to any claim under this chapter, the United States shall be entitled to assert any defense based upon judicial or legislative immunity which otherwise would have been available to the employee of the United States whose act or omission gave rise to the claim, as well as any other defenses to which the United States is entitled.
With respect to any claim to which this section applies, the Tennessee Valley Authority shall be entitled to assert any defense which otherwise would have been available to the employee based upon judicial or legislative immunity, which otherwise would have been available to the employee of the Tennessee Valley Authority whose act or omission gave rise to the claim as well as any other defenses to which the Tennessee Valley Authority is entitled under this chapter.
(June 25, 1948, ch. 646, 62 Stat. 983; Pub. L. 100–694, §§ 4, 9(c), Nov. 18, 1988, 102 Stat. 4564, 4567.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 931(a) (Aug. 2, 1946, ch. 753, § 410(a), 60 Stat. 843).
Section constitutes the liability provisions in the second sentence of section 931(a) of title 28, U.S.C., 1940 ed.
Other provisions of section 931(a) of title 28, U.S.C., 1940 ed., are incorporated in sections 1346(b), 1402, 2402, 2411, and 2412 of this title, but the provision of such section 931(a) that the United States shall not be liable for interest prior to judgment was omitted as unnecessary in view of section 2411 of this title, which provides that interest on judgments against the United States shall be computed from the date of judgment. Such section 2411 is made applicable to tort-claim actions by section 932 of title 28, U.S.C., 1940 ed.
Changes were made in phraseology.
heading: Senate Revision Amendment
text: For Senate amendment to this section, see 80th Congress Senate Report No. 1559, amendment No. 60.
heading: Amendments
text: 1988—Pub. L. 100–694 inserted two pars. at end entitling the United States and the Tennessee Valley Authority to assert any defense based upon judicial or legislative immunity.
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–694 effective Nov. 18, 1988, and applicable to all claims, civil actions, and proceedings pending on, or filed on or after, Nov. 18, 1988, see section 8 of Pub. L. 100–694 set out as a note under section 2679 of this title.
28 U.S.C. § 2676 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2676. Judgment as bar
The judgment in an action under section 1346(b) of this title shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim.
(June 25, 1948, ch. 646, 62 Stat. 984.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 931(b) (Aug. 2, 1946, ch. 753, § 410(b), 60 Stat. 844).
Section constitutes the first sentence of section 931(b) of title 28, U.S.C., 1940 ed. Other provisions of such section 931(b) are incorporated in section 2675 of this title.
Changes were made in phraseology.
heading: Senate Revision Amendment
text: This section was eliminated by Senate amendment. See 80th Congress Senate Report No. 1559.
28 U.S.C. § 2677 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2677. Compromise
The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under section 1346(b) of this title, after the commencement of an action thereon.
(June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89–506, § 3, July 18, 1966, 80 Stat. 307.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 934 (Aug. 2, 1946, ch. 753, § 413, 60 Stat. 845).
Changes were made in phraseology.
heading: Senate Revision Amendment
text: This section was renumbered “2676” by Senate amendment. See 80th Congress Senate Report No. 1559.
heading: Amendments
text: 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.
heading: Effective Date of 1966 Amendment
text: Amendment by Pub. L. 89–506 applicable to claims accruing six months or more after July 18, 1966, see section 10 of Pub. L. 89–506, set out as a note under section 2672 of this title.
28 U.S.C. § 2678 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 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, compromise, 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 allowed 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.)
heading: Historical and Revision Notes
text: 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 thereof”, in the second sentence, were omitted in conformity with revised title 18, U.S.C., Crimes and Criminal Procedure (H.R. 1600, 80th Cong.). See sections 1 and 2 of said revised title 18.
Changes were made in phraseology.
heading: Senate Revision Amendment
text: This section was renumbered “2677” by Senate amendment. See 80th Congress Senate Report No. 1559.
heading: Amendments
text: 1966—Pub. L. 89–506 raised the limitations on allowable attorneys fees from 10 to 20 percent for administrative settlements and from 20 to 25 percent for fees in cases after suit is filed and removed the requirement of agency or court allowance of the amount of attorneys fees.
heading: Effective Date of 1966 Amendment
text: Amendment by Pub. L. 89–506 applicable to claims accruing six months or more after July 18, 1966, see section 10 of Pub. L. 89–506, set out as a note under section 2672 of this title.
28 U.S.C. § 2710 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2710. Right of attachment
(a) Where debts are due from a defaulting or delinquent postmaster, contractor, or other officer, agent or employee of the Post Office Department, a warrant of attachment may issue against all property and legal and equitable rights belonging to him, and his sureties, or either of them, where he—
(1) is a nonresident of the district where he was appointed, or has departed from that district for the purpose of permanently residing outside thereof, or of avoiding the service of civil process; and
(2) has conveyed away, or is about to convey away any of his property, or has removed or is about to remove the same from the district wherein it is situated, with intent to defraud the United States.
(b) When the property has been removed, the marshal of the district into which it has been removed, upon receipt of certified copies of the warrant, may seize the property and convey it to a convenient place within the jurisdiction of the court which issued the warrant. Alias warrants may be issued upon due application. The warrant first issued remains valid until the return day thereof.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 706.)
heading: Codification
text: Section was derived from R.S. § 924, which was originally classified to section 737 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 924 was reclassified to section 837 of Title 39. R.S. § 924 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2710 of this title.
heading: Change of Name
text: References to Post Office Department, Postal Service, Postal Field Service, Field Postal Service, or Departmental Service or Departmental Headquarters of Post Office Department to be considered references to United States Postal Service pursuant to Pub. L. 91–375, § 6(o), Aug. 12, 1970, 84 Stat. 783, set out as a Cross Reference note preceding section 101 of Title 39, Postal Service.
heading: Effective Date
text: Chapter effective Sept. 1, 1960, see section 11 of Pub. L. 86–682.
28 U.S.C. § 2711 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2711. Application for warrant
A United States attorney or assistant United States attorney or a person authorized by the Attorney General—
(1) upon his own affidavit or that of another credible person, stating the existence of either of the grounds of attachments enumerated in section 2710 of this title and
(2) upon production of legal evidence of the debt
may apply for a warrant of attachment to a judge, or, in his absence, to the clerk of any court of the United States having original jurisdiction of the cause of action.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 925, which was originally classified to section 738 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 925 was reclassified to section 838 of Title 39. R.S. § 925 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2711 of this title.
28 U.S.C. § 2712 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2712. Issue of warrant
Upon an order of a judge of a court, or, in his absence and upon the clerk’s own initiative, the clerk shall issue a warrant for the attachment of the property belonging to the person specified in the affidavit. The marshal shall execute the warrant forthwith and take the property attached, if personal, in his custody, subject to the interlocutory or final orders of the court.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 926, which was originally classified to section 739 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 926 was reclassified to section 839 of Title 39. R.S. § 926 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2712 of this title.
28 U.S.C. § 2713 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2713. Trial of ownership of property
Not later than twenty days before the return day of a warrant issued under section 2712 of this title, the party whose property is attached, on notice to the United States Attorney, may file a plea in abatement, denying the allegations of the affidavit, or denying ownership in the defendant of the property attached. The court, upon application of either party, shall order a trial by jury of the issues. Where the parties, by consent, waive a trial by jury, the court shall decide the issues. A party claiming ownership of the property attached and seeking its return is limited to the remedy afforded by this section, but his right to an action of trespass, or other action for damages, is not impaired.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 927, which was originally classified to section 740 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 927 was reclassified to section 840 of Title 39. R.S. § 927 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2713 of this title.
28 U.S.C. § 2714 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2714. Investment of proceeds of attached property
When the property attached is sold on an interlocutory order or is producing revenue, the money arising from the sale or revenue shall be invested, under the order of the court, in securities of the United States. The accretions therefrom are subject to the order of the court.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 928, which was originally classified to section 741 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 928 was reclassified to section 841 of Title 39. R.S. § 928 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2714 of this title.
28 U.S.C. § 2715 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2715. Publication
The marshal shall cause publication of an executed warrant of attachment—
(1) for two months in case of an absconding debtor, and
(2) for four months in case of a nonresident debtor
in a newspaper published in the district where the property is situated pursuant to the details of the order under which the warrant is issued.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 929, which was originally classified to section 742 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 929 was reclassified to section 842 of Title 39. R.S. § 929 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2715 of this title.
28 U.S.C. § 2716 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2716. Personal notice
After the first publication of the notice of attachment, a person indebted to, or having possession of property of a defendant and having knowledge of the notice, shall answer for the amount of his debt or the value of the property. Any disposal or attempted disposal of the property, to the injury of the United States, is unlawful. When the person indebted to, or having possession of the property of a defendant, is known to the United States attorney or marshal, the officer shall cause a personal notice of the attachment to be served upon him, but the lack of the notice does not invalidate the attachment.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 930, which was originally classified to section 743 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 930 was reclassified to section 843 of Title 39. R.S. § 930 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2716 of this title.
28 U.S.C. § 2717 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2717. Discharge
The court, or a judge thereof, upon—
(1) application of the party when property has been attached and
(2) execution to the United States of a penal bond, approved by a judge, in double the value of the property attached and conditioned upon the return of the property or the payment of any judgment rendered by the court
may discharge the warrant of attachment as to the property of the applicant.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 708.)
heading: Codification
text: Section was derived from R.S. § 931, which was originally classified to section 744 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 931 was reclassified to section 844 of Title 39. R.S. § 931 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2717 of this title.
28 U.S.C. § 2718 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2718. Interest on balances due department
In suits for balances due the Post Office Department may recover interest at the rate of 6 per centum per year from the time of default.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 708.)
heading: Codification
text: Section was derived from R.S. § 964, which was originally classified to section 788 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 964 was reclassified to section 846 of Title 39. R.S. § 964 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2718 of this title.
heading: Change of Name
text: References to Post Office Department, Postal Service, Postal Field Service, Field Postal Service, or Departmental Service or Departmental Headquarters of Post Office Department to be considered references to United States Postal Service pursuant to Pub. L. 91–375, § 6(o), Aug. 12, 1970, 84 Stat. 783, set out as a Cross References note preceding section 101 of Title 39, Postal Service.
28 U.S.C. § 2901 to 2906 (JUDICIARY AND JUDICIAL PROCEDURE)
[§§ 2901 to 2906. Repealed. Pub. L. 106–310, div. B, title XXXIV, § 3405(c)(1), Oct. 17, 2000, 114 Stat. 1221]
text: Section 2901, added Pub. L. 89–793, title I, § 101, Nov. 8, 1966, 80 Stat. 1438; amended Pub. L. 91–513, title III, § 1102(l), Oct. 27, 1970, 84 Stat. 1293; Pub. L. 92–420, § 2, Sept. 16, 1972, 86 Stat. 677; Pub. L. 98–473, title II, § 228(c), Oct. 12, 1984, 98 Stat. 2030, defined terms used in chapter.
text: Section 2902, added Pub. L. 89–793, title I, § 101, Nov. 8, 1966, 80 Stat. 1439, related to discretionary authority of court, examination, report, and determination by court, and termination of civil commitment.
text: Section 2903, added Pub. L. 89–793, title I, § 101, Nov. 8, 1966, 80 Stat. 1440, related to authority and responsibilities of the Surgeon General, institutional custody, aftercare, maximum period of civil commitment, and credit toward sentence.
text: Section 2904, added Pub. L. 89–793, title I, § 101, Nov. 8, 1966, 80 Stat. 1441, related to civil commitment not a conviction and use of test results.
text: Section 2905, added Pub. L. 89–793, title I, § 101, Nov. 8, 1966, 80 Stat. 1441, related to delegation of functions by Surgeon General and use of Federal, State, and private facilities.
text: Section 2906, added Pub. L. 89–793, title I, § 101, Nov. 8, 1966, 80 Stat. 1441, related to absence of offer by the court to a defendant of an election under section 2902(a) or any determination as to civil commitment not being reviewable on appeal or otherwise.
28 U.S.C. § 3001 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3001. Applicability of chapter
(a) In General.—
Except as provided in subsection (b), the 1 chapter provides the exclusive civil procedures for the United States—
(1) to recover a judgment on a debt; or
(2) to obtain, before judgment on a claim for a debt, a remedy in connection with such claim.
(b) Limitation.—
To the extent that another Federal law specifies procedures for recovering on a claim or a judgment for a debt arising under such law, those procedures shall apply to such claim or judgment to the extent those procedures are inconsistent with this chapter.
(c) Amounts Owing Other Than Debts.—
This chapter shall not apply with respect to an amount owing that is not a debt or to a claim for an amount owing that is not a debt.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4933.)
heading: Effective Date
text: Section 3631 of title XXXVI of Pub. L. 101–647 provided that:
“(a) Except as provided in subsection (b), this Act [probably should be “title”, meaning title XXXVI of Pub. L. 101–647, which enacted this chapter and section 2044 of this title, amended sections 550, 1962, 1963, and 2410 of this title, section 523 of Title 11, Bankruptcy, and sections 3142 and 3552 of Title 18, Crimes and Criminal Procedure, and enacted provisions set out as a note under section 1 of this title] and the amendments made by this Act [title] shall take effect 180 days after the date of the enactment of this Act [Nov. 29, 1990].
“(b)
(1) The amendments made by title I of this Act [probably should be “subtitle A of this title”, meaning subtitle A (§§ 3611, 3302 [3612]) of title XXXVI of Pub. L. 101–647, which enacted this chapter] shall apply with respect to actions pending on the effective date of this Act [probably should be title XXXVI of Pub. L. 101–647] in any court on—
“(A) a claim for a debt; or
“(B) a judgment for a debt.
“(2) All notices, writs, orders, and judgments in effect in such actions shall continue in effect until superseded or modified in an action under chapter 176 of title 28 of the United States Code, as added by title I of this Act [subtitle A of this title].
“(3) For purposes of this subsection—
“(A) the term ‘court’ means a Federal, State, or local court, and
“(B) the term ‘debt’ has the meaning given such term in section and [sic] 3002(3) of such chapter.”
28 U.S.C. § 3003 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3003. Rules of construction
(a) Terms.—
For purposes of this chapter—
(1) the terms “includes” and “including” are not limiting;
(2) the term “or” is not exclusive; and
(3) the singular includes the plural.
(b) Effect on Rights of the United States.—
This chapter shall not be construed to curtail or limit the right of the United States under any other Federal law or any State law—
(1) to collect taxes or to collect any other amount collectible in the same manner as a tax;
(2) to collect any fine, penalty, assessment, restitution, or forfeiture arising in a criminal case;
(3) to appoint or seek the appointment of a receiver; or
(4) to enforce a security agreement.
(c) Effect on Other Laws.—
This chapter shall not be construed to supersede or modify the operation of—
(1) title 11;
(2) admiralty law;
(3) section 3713 of title 31;
(4) section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673);
(5) a statute of limitation applicable to a criminal proceeding;
(6) the common law or statutory rights to set-off or recoupment;
(7) any Federal law authorizing, or any inherent authority of a court to provide, injunctive relief;
(8) the authority of a court—
(A) to impose a sanction under the Federal Rules of Civil Procedure;
(B) to appoint a receiver to effectuate its order; or
(C) to exercise the power of contempt under any Federal law;
(9) any law authorizing the United States to obtain partition, or to recover possession, of property in which the United States holds title; or
(10) any provision of any other chapter of this title, except to the extent such provision is inconsistent with this chapter.
(d) Preemption.—
This chapter shall preempt State law to the extent such law is inconsistent with a provision of this chapter.
(e) Effect on Rights of the United States Under Foreign and International Law.—
This chapter shall not be construed to curtail or limit the rights of the United States under foreign law, under a treaty or an international agreement, or otherwise under international law.
(f) Applicability of Federal Rules of Civil Procedure.—
Except as provided otherwise in this chapter, the Federal Rules of Civil Procedure shall apply with respect to actions and proceedings under this chapter.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4935.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsecs. (c)(8)(A) and (f), are set out in the Appendix to this title.