28 U.S.C. § 2671
Definitions
United States · Title 28 — JUDICIARY AND JUDICIAL PROCEDURE · Status: effective
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- Citation
- 28 U.S.C. § 2671, Definitions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/465577
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Full text
As used in this chapter and sections 1346(b) and 2401(b) of this title, the term “Federal agency” includes the executive departments, the judicial and legislative branches, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States.
“Employee of the government” includes (1) officers or employees of any federal agency, members of the military or naval forces of the United States, members of the National Guard while engaged in training or duty under section 115, 316, 502, 503, 504, or 505 of title 32, and persons acting on behalf of a federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation, and (2) any officer or employee of a Federal public defender organization, except when such officer or employee performs professional services in the course of providing representation under section 3006A of title 18.
“Acting within the scope of his office or employment”, in the case of a member of the military or naval forces of the United States or a member of the National Guard as defined in section 101(3) of title 32, means acting in line of duty.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- An act to extend the Federal tort claims provisions of title 28, United States Code, to acts or omissions of members of the National Guard, and to provide that the remedy under those provisions shall be exclusive in medical malpractice actions involving members of the National Guard.House: no recorded tallySenate: no recorded tally
- Federal Employees Liability Reform and Tort Compensation Act of 1988House: no recorded tallySenate: no recorded tally
- Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
- Federal Courts Improvement Act of 2000House: no recorded tallySenate: no recorded tally