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PUBLIC LAW 89-506-JULY 18, 1966

[80

STAT.

Public Law 89-506 July 18, 1966 [H. R. 13650]

Federal Tort Claims Act, amendment. 63 Stat. 62; 73 Stat. 471.

F i n a l i t y of award. 62 Stat. 983.

Payment of award.

Disposition by Federal agency as prerequisite.

28 USC app.

AN ACT To amend the Federal Tort Claims Act to authorize increased agency consideration of tort claims against the Government, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, (a) That the jfirst paragraph of section 2672 of title 28, United States Code, is amended to read as follows: "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." (b) The second paragraph of section 2672 of title 28, United States Code, is amended to read as follows: "Subject to the provisions of this title relating to civil actions on tort claims against the United States, any such award, compromise, settlement, or determination shall be final and conclusive on all officers of the Government, except when procured by means of fraud." (c) The third paragraph of section 2672 of title 28, United States Code, is amended to read as follows: "Any award, compromise, or settlement in an amount of $2,500 or less made pursuant to this section shall be paid by the head of the Federal agency concerned out of appropriations available to that agency^. Payment of any award, compromise, or settlement in an amount m excess of $2,500 made pursuant to this section or made by the Attorney General in any amount pursuant to section 2677 of this title shall be paid in a manner similar to judgments and compromises in like causes and appropriations or funds available for the payment of such judgments and compromises are hereby made available for the payment of awards, compromises, or settlements under this chapter." SEC. 2. (a) Subsection (a) of section 2675 of title 28, United States Code, is amended to read as follows: " (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 filial 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) Subsection (b) of section 2675 of title 28, United States Code, is amended by deleting the first sentence thereof.

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