28 U.S. Code § 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.

Source

(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.
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, § 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, § 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. 89–506applicable to claims accruing six months or more after July 18, 1966, see section 10 ofPub. L. 89–506, set out as a note under section 2672 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


14 CFR - Aeronautics and Space

14 CFR Part 15 - ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT

14 CFR Part 1261 - PROCESSING OF MONETARY CLAIMS (GENERAL)

22 CFR - Foreign Relations

22 CFR Part 511 - FEDERAL TORT CLAIMS PROCEDURE

28 CFR - Judicial Administration

28 CFR Part 543 - LEGAL MATTERS

32 CFR - National Defense

32 CFR Part 536 - CLAIMS AGAINST THE UNITED STATES

32 CFR Part 842 - ADMINISTRATIVE CLAIMS

38 CFR - Pensions, Bonuses, and Veterans' Relief

38 CFR Part 14 - LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS

39 CFR - Postal Service

39 CFR Part 912 - PROCEDURES TO ADJUDICATE CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE OPERATION OF THE U.S. POSTAL SERVICE

43 CFR - Public Lands: Interior

43 CFR Part 22 - ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND INDEMNIFICATION OF DEPARTMENT OF THE INTERIOR EMPLOYEES

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.