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... Legislative Reorganization Act of 1946 - Page 28by United States. Congress. Senate. Committee on Government Operations - 1948 - 270 pagesFull view - About this book
| Administrative law - 1996 - 708 pages
...•*M.3 Exceptions. As provided in section 2680 of the Act, claims not compensable hereunder include: (a) Any claim based upon an act or omission of an...statute or regulation be valid, or based upon the exerdM or performance or the failure to exercise or perform a discretionary function or duty on the... | |
| Graham Dukes, Maurice Nelson Graham Dukes, Mark Mildred, Barbara Swartz - Law - 1998 - 584 pages
...USCA says "the provisions of this chapter and section 1346ibl of this title shall not apply to iai Any claim based upon an act or omission of an employee of the Goveroment, exercising due care, in the execution of a statute or regulation, whether or not such... | |
| United States. Congress. Senate. Committee on Indian Affairs (1993- ) - Law - 1999 - 370 pages
...2580(a) of Title 28 expresses this affirmatively. The FTCA provides in pertinent part a bar to "[ a] ny claim based upon an act or omission of an employee...care, in the execution of a statute or regulation "" Additionally, the exception based upon the enforcement of a statute or regulation applies "whether... | |
| United States. Congress. Senate. Committee on Indian Affairs (1993- ) - Law - 1999 - 352 pages
...Subsection 2680(a) of Title 28 expresses this affirmatively. The FTCA provides in pertinent part a bar to "[a)ny claim based upon an act or omission of an employee of the Govemment, exercising due care, in the execution of a statute or regulation "" Additionally, the... | |
| René Seerden, F. A. M. Stroink - Administrative law - 2002 - 378 pages
...of its officials. The most significant for our purposes is that this liability does not extend to: 'Any claim based upon an act or omission of an employee...regulation, whether or not such statute or regulation [is] valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary... | |
| Sienho Yee - Law - 2004 - 321 pages
...discretionary function exception under the FTCA provides: The provisions of this chapter and section 1346(b) of this title shall not apply to — (a) Any claim . . . based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty... | |
| Elihu Lauterpacht, C. J. Greenwood - Law - 2005 - 934 pages
...or omission". See 28 USC § 2680(a) [28 USCS § 2680(a)] (exempting United States from liability for "|a|ny claim based upon an act or omission of an employee...care, in the execution of a statute or regulation"); § 2680(e) ("Any claim arising out of an act or omission of any employee of the Government in administering... | |
| Dennis Campbell, Susan Woodley - Reference - 2005 - 458 pages
...would have to be brought under the Federal Tort Claims Act,45 which does not apply to a claim "based on an act or omission of an employee of the Government,...exercising due care, in the execution of a statute or regulation",46 nor to a claim "based on the exercise or performance or the failure to exercise or perform... | |
| |