Notes on 28 U.S.C. § 2680 : US Code - Notes

Search Notes on 28 U.S.C. § 2680 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 984; July 16, 1949, ch. 340, 63
Stat. 444; Sept. 26, 1950, ch. 1049, Secs. 2(a)(2), 13(5), 64 Stat.
1038, 1043; Pub. L. 86-168, title II, Sec. 202(b), Aug. 18, 1959,
73 Stat. 389; Pub. L. 93-253, Sec. 2, Mar. 16, 1974, 88 Stat. 50;
Pub. L. 106-185, Sec. 3(a), Apr. 25, 2000, 114 Stat. 211.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 943 (Aug. 2, 1946, ch.
753, Sec. 421, 60 Stat. 845).
Changes were made in phraseology.
Section 946 of title 28, U.S.C., 1940 ed., which was derived from
section 424(b) of the Federal Tort Claims Act, was omitted from
this revised title. It preserved the existing authority of federal
agencies to settle tort claims not cognizable under section 2672 of
this title. Certain enumerated laws granting such authority were
specifically repealed by section 424(a) of the Federal Tort Claims
Act, which section was also omitted from this revised title. These
provisions were not included in this revised title as they are not
properly a part of a code of general and permanent law.
SENATE REVISION AMENDMENT
Sections 2680 and 2681 were renumbered "2679" and "2680",
respectively, by Senate amendment. See 80th Congress Senate Report
No. 1559.
REFERENCES IN TEXT
Sections 741-752 of title 46, referred to in subsec. (d), are
popularly known as the "Suits in Admiralty Act" and are classified
to Title 46, Appendix, Shipping.
Sections 781-790 of title 46, referred to in subsec. (d), are
popularly known as the "Public Vessels Act" and are classified to
Title 46, Appendix.
Sections 1-31 of Title 50, Appendix, referred to in subsec. (e),
was in the original source of this section (section 943 of act Aug.
2, 1946) a reference to the Trading with the Enemy Act, as amended.
The Trading with the Enemy Act is now comprised of sections 1 to
43, which are classified to sections 1 to 6, 7 to 39, and 41 to 44
of Title 50, Appendix, War and National Defense.
The date of the enactment of this proviso, referred to in subsec.
(h), means Mar. 16, 1974, the date on which Pub. L. 93-253, which
enacted the proviso, was approved.
Panama Canal Company, referred to in subsec. (m), deemed to refer
to Panama Canal Commission, see section 3602(b)(5) of Title 22,
Foreign Relations and Intercourse.
AMENDMENTS
2000 - Subsec. (c). Pub. L. 106-185 substituted "any goods,
merchandise, or other property" for "any goods or merchandise" and
"law enforcement" for "law-enforcement", inserted ", 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 - ", and
added pars. (1) to (4).
1974 - Subsec. (h). Pub. L. 93-253 inserted proviso.
1959 - Subsec. (n). Pub. L. 86-168 added subsec. (n).
1950 - Subsec. (g). Act Sept. 26, 1950, Sec. 13(5), repealed
subsec. (g).
Subsec. (m). Act Sept. 26, 1950, Sec. 2, substituted "Panama
Canal Company" for "Panama Railroad Company".
1949 - Subsec. (m). Act July 16, 1949, added subsec. (m).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-185 applicable to any forfeiture
proceeding commenced on or after the date that is 120 days after
Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note
under section 1324 of Title 8, Aliens and Nationality.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-168 effective Jan. 1, 1960, see section
203(c) of Pub. L. 86-168.
EFFECTIVE DATE OF 1950 AMENDMENT
Amendment by act Sept. 26, 1950, to take effect upon effective
date of transfer to the Panama Canal Company, pursuant to the
provisions of section 256 of the former Canal Zone Code, as added
by section 10 of that act, of the Panama Canal together with the
facilities and appurtenances related thereto, see section 14 of act
Sept. 26, 1950.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Coast Guard transferred to Department of Transportation and all
functions, powers, and duties, relating to Coast Guard, of
Secretary of the Treasury and of all other offices and officers of
Department of the Treasury transferred to Secretary of
Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80
Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided
that notwithstanding such transfer of functions, Coast Guard shall
operate as part of Navy in time of war or when President directs as
provided in section 3 of Title 14, Coast Guard. See section 108 of
Title 49, Transportation.
For transfer of certain functions relating to claims and
litigation, insofar as they pertain to the Air Force, from
Secretary of the Army to Secretary of the Air Force, see Secretary
of Defense Transfer Order No. 34 [Sec. 1a(2)(4)], eff. July 1,
1949.
NORTHERN MARIANA ISLANDS - APPLICABILITY OF SUBSEC. (K)
Pub. L. 97-357, title II, Sec. 204, Oct. 19, 1982, 96 Stat. 1708,
provided: "That the Northern Mariana Islands shall not be
considered a foreign country for purposes of subsection (k) of
section 2680 of title 28, United States Code, with respect to
claims which accrued no more than two years prior to the effective
date of this Act [Oct. 19, 1982]."
TERMINATION OF NATIONAL EMERGENCY
Declaration of national emergency in effect on Sept. 14, 1976,
was terminated two years from that date by section 1601 of Title
50, War and National Defense.
APPLICABILITY OF SUBSEC. (J)
Joint Res. July 3, 1952, ch. 570, Sec. 1(a)(32), 66 Stat. 333, as
amended by Joint Res. Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18,
and Joint Res. June 30, 1953, ch. 172, 67 Stat. 132, provided that
subsec. (j) of this section, in addition to coming into full force
and effect in time of war, should continue in force until six
months after the termination of the national emergency proclaimed
by the President on Dec. 16, 1950 by 1950 Proc. No. 2914, 15 F.R.
9029, set out as a note preceding section 1 of Title 50 Appendix,
War and National Defense, or such earlier date or dates as may be
provided for by Congress, but in no event beyond Aug. 1, 1953.
Section 7 of Joint Res. July 3, 1952, provided that it should
become effective June 16, 1952.
Joint Res. July 3, 1952, ch. 570, Sec. 6, 66 Stat. 334, repealed
Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint
Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952,
ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat.
296, which continued provisions of subsec. (j) of this section
until July 3, 1952. This repeal was made effective June 16, 1952,
by section 7 of Joint Res. July 3, 1952.
(!1) So in original.