§ 2675. Disposition by federal agency as prerequisite; evidence
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/usc/title-28/section-2675A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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, § 126, 63 Stat. 107; Pub. L. 89–506, § 2, July 18, 1966, 80 Stat. 306.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., § 931(b) (Aug. 2, 1946, ch. 753, § 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.
Connections59 cite this · traces to 3
Cited by 59 sections · top 41
U.S. Code
CFR
- § 14.9Final denial of claim.
- § 14.2Administrative claim; when presented.
- § 429.102How do I file a claim under this subpart?
- § 793.2Administrative claim; when presented; place of filing.
- § 750.33Damages.
- § 14.604Filing a claim.
- § 10.6Final denial of claim.
- § 10.5Investigation, examination, and determination of claims.
- § 750.26The administrative claim.
- § 1014.9Final denial of claim.
- § 35.2Administrative claim; when presented; place of filing.
- § 750.36Time limitations.
- § 35.6Final denial of claim.
- § 100.401Claims under the Federal Tort Claims Act for loss of or damage to property or for personal injury or death.
- § 912.5Administrative claim; when presented.
- § 15.3Administrative claim, when presented; appropriate office.
- § 793.6Final denial of claim.
- § 10.2Administrative claim; when presented; place of filing.
- § 912.9Final denial of claim.
- § 1014.2Administrative claim; when presented; appropriate office.
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Traces to 3 documents
12 references not yet in our index
- June 25, 1948, ch. 646
- 62 Stat. 983
- May 24, 1949, ch. 139, § 126
- 63 Stat. 107
- Pub. L. 89–506, § 2
- 80 Stat. 306
- Aug. 2, 1946, ch. 753, § 410(b)
- 60 Stat. 844
- Pub. L. 89–506, § 2(a)
- Pub. L. 89–506, § 2(b)
- Pub. L. 89–506
- section 10 of Pub. L. 89–506
Citation graph
cites case law
§ 2675
Disposition by federal agency as prerequisite; evidence
C.F.R.×30
Fed. Reg.×24
U.S.C.×3
IRM×1
Stat.×1
ActJune 25, 1948, ch. 646
Stat.62 Stat. 983
ActMay 24, 1949, ch. 139, § 126
Stat.63 Stat. 107
Pub. L.Pub. L. 89–506, § 2
Cites 15 · showing 8Cited by 59 across 5 sources