28 U.S.C. § 2680 : US Code - Section 2680: Exceptions
Search 28 U.S.C. § 2680 : US Code - Section 2680: Exceptions
The provisions of this chapter and section 1346(b) of this title
shall not apply to -
(a) Any claim based upon an act or omission of an employee of the
Government, exercising due care, in the execution of a statute or
regulation, whether or not such 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.
(b) Any claim arising out of the loss, miscarriage, or negligent
transmission of letters or postal matter.
(c) Any claim arising in respect of the assessment or collection
of any tax or customs duty, or the detention of any goods,
merchandise, or other property by any officer of customs or excise
or any other law enforcement officer, except that the provisions of
this chapter and section 1346(b) of this title apply to any claim
based on injury or loss of goods, merchandise, or other property,
while in the possession of any officer of customs or excise or any
other law enforcement officer, if -
(1) the property was seized for the purpose of forfeiture under
any provision of Federal law providing for the forfeiture of
property other than as a sentence imposed upon conviction of a
(2) the interest of the claimant was not forfeited;
(3) the interest of the claimant was not remitted or mitigated
(if the property was subject to forfeiture); and
(4) the claimant was not convicted of a crime for which the
interest of the claimant in the property was subject to
forfeiture under a Federal criminal forfeiture law..(!1)
(d) Any claim for which a remedy is provided by sections 741-752,
781-790 of Title 46, relating to claims or suits in admiralty
against the United States.
(e) Any claim arising out of an act or omission of any employee
of the Government in administering the provisions of sections 1-31
of Title 50, Appendix.
(f) Any claim for damages caused by the imposition or
establishment of a quarantine by the United States.
[(g) Repealed. Sept. 26, 1950, ch. 1049, Sec. 13 (5), 64 Stat.
(h) Any claim arising out of assault, battery, false
imprisonment, false arrest, malicious prosecution, abuse of
process, libel, slander, misrepresentation, deceit, or interference
with contract rights: Provided, That, with regard to acts or
omissions of investigative or law enforcement officers of the
United States Government, the provisions of this chapter and
section 1346(b) of this title shall apply to any claim arising, on
or after the date of the enactment of this proviso, out of assault,
battery, false imprisonment, false arrest, abuse of process, or
malicious prosecution. For the purpose of this subsection,
"investigative or law enforcement officer" means any officer of the
United States who is empowered by law to execute searches, to seize
evidence, or to make arrests for violations of Federal law.
(i) Any claim for damages caused by the fiscal operations of the
Treasury or by the regulation of the monetary system.
(j) Any claim arising out of the combatant activities of the
military or naval forces, or the Coast Guard, during time of war.
(k) Any claim arising in a foreign country.
(l) Any claim arising from the activities of the Tennessee Valley
(m) Any claim arising from the activities of the Panama Canal
(n) Any claim arising from the activities of a Federal land bank,
a Federal intermediate credit bank, or a bank for cooperatives.
Exclusiveness of remedy