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28 U.S.C. § 2675 — Disposition by federal agency as prerequisite; evidence
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2675-disposition-by-federal-agency-as-prerequisite-evidence--8403cfd4e1.md
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Source location: Title 28, Chapter 171, § 2675; chapter-171-tort-claims-procedure.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
The head of each Federal agency or his designee, in accordance with regulations prescribed by the Attorney General, may consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States 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 agency while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred: Provided, That any award, compromise, or settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. Notwithstanding the proviso contained in the preceding sentence, any award, compromise, or settlement may be effected without the prior written approval of the Attorney General or his or her designee, to the extent that the Attorney General delegates to the head of the agency the authority to make such award, compromise, or settlement. Such delegations may not exceed the authority delegated by the Attorney General to the United States attorneys to settle claims for money damages against the United States. Each Federal agency may use arbitration, or other alternative means of dispute resolution under the provisions of subchapter IV of chapter 5 of title 5, to settle any tort claim against the United States, to the extent of the agency’s authority to award, compromise, or settle such claim without the prior written approval of the Attorney General or his or her designee.
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Federal law — U.S. Code and appendices · legal_authorities
The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim), after the commencement of an action thereon.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2677
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Federal law — U.S. Code and appendices · legal_authorities
The judgment in an action under [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim) shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim.
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Federal law — U.S. Code and appendices · legal_authorities
Page 641
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2677
2411, and 2412 of this title, but the provision of such sec-
tion 931(a) that the United States shall not be liable for
interest prior to judgment was omitted as unnecessary
in view of section 2411 of this title, which provides that
interest on judgments against the United States shall
be computed from the date of judgment. Such section
2411 is made applicable to tort-claim actions by section
932 of title 28, U.S.C., 1940 ed.
Changes were made in phraseology.
SENATE REVISION AMENDMENT
For Senate amendment to this section, see 80th Con-
gress Senate Report No. 1559, amendment No. 60.
Editorial Notes
AMENDMENTS
1988—Pub. L. 100–694 inserted two pars. at end enti-
tling the United States and the Tennessee Valley Au-
thority to assert any defense based upon judicial or leg-
islative immunity.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–694 effective Nov. 18, 1988,
and applicable to all claims, civil actions, and pro-
ceedings pending on, or filed on or after, Nov. 18, 1988,
see section 8 of Pub. L. 100–694 set out as a note under
section 2679 of this title.
§ 2675. Disposition by federal agency as pre-
requisite; evidence
(a) An action shall not be instituted upon a
claim against the United States for money dam-
ages for injury or loss of property or personal in-
jury or death caused by the negligent or wrong-
ful act or omission of any employee of the Gov-
ernment while acting within the scope of his of-
fice or employment, unless the claimant shall
have first presented the claim to the appropriate
Federal agency and his claim shall have been fi-
nally denied by the agency in writing and sent
by certified or registered mail. The failure of
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2675
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