[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR0.5]

[Page 8]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 0_ORGANIZATION--Table of Contents
 
Sec. 0.5  Laws authorizing monetary claims.

    The Commission is authorized to entertain monetary claims against it 
under three statutes. The Federal Tort Claims Act (28 U.S.C. 2671-2680) 
provides that the United States will be liable for injury or loss of 
property or personal injury or death caused by the negligent or wrongful 
acts or omissions of its employees acting within the scope of their 
employment or office. The Military Personnel and Civilian Employees 
Claims Act of 1964 (31 U.S.C. 3701, 3721) authorizes the Commission to 
compensate employees' claims for damage to or loss of personal property 
incident to their service. The Equal Access to Justice Act (5 U.S.C. 504 
and 28 U.S.C. 2412) provides that an eligible prevailing party other 
than the United States will be awarded fees and expenses incurred in 
connection with any adversary adjudicative and court proceeding, unless 
the adjudicative officer finds that the agency was substantially 
justified or that special circumstances make an award unjust. In 
addition, eligible parties, including certain small businesses, will be 
awarded fees and expenses incurred in defending against an agency demand 
that is substantially in excess of the final decision of the 
adjudicative officer and is unreasonable when compared with such 
decision under the facts and circumstances of the case, unless the 
adjudicative officer finds that the party has committed a willful 
violation of law or otherwise acted in bad faith, or special 
circumstances make an award unjust. Questions may be addressed to the 
Office of the General Counsel, (202) 326-2462.

[63 FR 36340, July 6, 1998]