Page:United States Statutes at Large Volume 62 Part 1.djvu/1014

 PUBLIC LAWS-CH. 646 -JUNE 25, 1948 commence action thereon. Action under this subsection 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. § 2676. Judgment as bar Antc,p.gs The judgment in an action under section 1346 (b) of this title shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the gov- ernment whose act or omission gave rise to the claim. § 2677. Compromise The Attorney General, with the approval of the court, may arbi- trate, compromise, or settle any claim cognizable under section 1346 (b) of this title, after the commencement of an action thereon. § 2678. Attorney fees; penalty The court rendering a judgment for the plaintiff pursuant to sec- Ante, p. 33. tion 1346 (b) of this title, or the head of the federal agency or his Ante, p. 83. designee making an award pursuant to section 2672 of this title, or Supra. the Attorney General making a disposition pursuant to section 2677 of this title, may, as a part of such judgment, award, or settlement, determine and allow reasonable attorney fees, which, if the recovery is $500 or more, shall not exceed 10 per centum of the amount recov- ered under section 2672 of this title, or 20 per centum of the amount recovered under section 1346 (b) of this title, to be paid out of but not in addition to the amount of judgment, award, or settlement recovered, to the attorneys representing the claimant. Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed under this section, if recovery be had, shall be fined not more than $2,000 or imprisoned not more than one year, or both. § 2679. Exclusiveness of remedy The authority of any federal agency to sue and be sued in its own name shall not be construed to authorize suits against such federal Ane, p. 9W agency on claims which are cognizable under section 1346 (b) of this title, and the remedies provided by this title in such cases shall be exclusive. § 2680. Exceptions Ante, p.W. The provisions of this chapter and section 1346 (b) of this title shall not apply to- (a) Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused. (b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter. (c) Any claim arising in respect of the assessment or collec- tion of any tax or customs duty, or the detention of any goods or merchandise by any officer of customs or excise or any other law-enforcement officer. [62 STAT.

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