§ 2675. — Disposition by federal agency as prerequisite; evidence.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2675]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 171--TORT CLAIMS PROCEDURE
Sec. 2675. Disposition by federal agency as prerequisite;
evidence
(a) An action shall not be instituted upon a claim against the
United States for money damages for injury or loss of property or
personal injury or death caused by the negligent or wrongful act or
omission of any employee of the Government while acting within the scope
of his office or employment, unless the claimant shall have first
presented the claim to the appropriate Federal agency and his claim
shall have been finally denied by the agency in writing and sent by
certified or registered mail. The failure of an agency to make final
disposition of a claim within six months after it is filed shall, at the
option of the claimant any time thereafter, be deemed a final denial of
the claim for purposes of this section. The provisions of this
subsection shall not apply to such claims as may be asserted under the
Federal Rules of Civil Procedure by third party complaint, cross-claim,
or counterclaim.
(b) Action under this section shall not be instituted for any sum in
excess of the amount of the claim presented to the federal agency,
except where the increased amount is based upon newly discovered
evidence not reasonably discoverable at the time of presenting the claim
to the federal agency, or upon allegation and proof of intervening
facts, relating to the amount of the claim.
(c) Disposition of any claim by the Attorney General or other head
of a federal agency shall not be competent evidence of liability or
amount of damages.
(June 25, 1948, ch. 646, 62 Stat. 983; May 24, 1949, ch. 139, Sec. 126,
63 Stat. 107; Pub. L. 89-506, Sec. 2, July 18, 1966, 80 Stat. 306.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Sec. 931(b) (Aug. 2, 1946, ch.
753, Sec. 410(b), 60 Stat. 844).
Section constitutes all of section 931(b), except the first
sentence, of title 28, U.S.C., 1940 ed. The remainder of such section
931(b) is incorporated in section 2677 of this title.
Changes were made in phraseology.
1949 Act
This section corrects a typographical error in section 2675(b) of
title 28, U.S.C.
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (a),
are set out in the Appendix to this title.
Amendments
1966--Subsec. (a). Pub. L. 89-506, Sec. 2(a), required that all
administrative claims be filed with the agency or department and finally
denied by the agency and sent by certified or registered mail prior to
the filing of a court action against the United States, provided that
the claimant be given the option of considering the claim to have been
denied if the agency fails to make final disposition of the claim within
six months of presentation of the claim to the agency, and provided that
the requirements of the subsection would not apply to claims asserted
under the Federal Rules of Civil Procedure by third party complaint,
cross-claim, or counterclaim.
Subsec. (b). Pub. L. 89-506, Sec. 2(b), struck out provisions under
which a claimant could, upon 15 days written notice, withdraw a claim
from the agency and institute an action thereon.
1949--Subsec. (b). Act May 24, 1949, substituted ``section'' for
``subsection''.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-506 applicable to claims accruing six months
or more after July 18, 1966, see section 10 of Pub. L. 89-506, set out
as a note under section 2672 of this title.
Section Referred to in Other Sections
This section is referred to in section 2679 of this title; title 5
section 8477; title 8 section 1357.
