Page:United States Statutes at Large Volume 80 Part 1.djvu/343

 80 STAT.]

307

PUBLIC LAW 89.506-JULY 18, 1966

SEC. 3. Section 2677 of title 28, United States Code, is amended to read as follows: "The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under section 1346(b) of this title, after the commencement of an action thereon." SEC. 4. The first paragraph of section 2678 of title 28, United States Code, is amended to read as follows: "No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this title or any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title." SEC. 5. (a) Subsection (b) of section 2679 of title 28, United States Code, is amended to read as follows: " (b) The remedy against the United States provided by sections 1346(b) and 2672 of this title for injury or loss of property or personal injury or death, resulting from the operation by any employee of the Government of any motor vehicle while acting within the scope of his office or employment, shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against the employee or his estate whose act or omission gave rise to the claim." (b) Subsection (a) of section 4116 of title 38, United States Code, is amended to read as follows: " (a) The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for damages for personal injury, including death allegedly arising from malpractice or negligence of a physician, dentist, nurse, pharmacist, or paramedical (for example, medical and dental technicians, nursing assistants, and therapists) or other supporting personnel in furnishing medical care or treatment while in the exercise of his duties in or for the Department of Medicine and Surgery shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or his estate) whose act or omission gave rise to such claim." SEC. 6. Section 1302 of the Act of July 27, 1956, as amended (70 Stat. 694, 75 Stat. 416; 31 U.S.C. 724a), is further amended (1) by inserting a comma and the word "awards," after the word "judgments ' and before the word "and"; (2) by deleting the word "or" after the number "2414" and inserting in lieu thereof a comma; and (3) by inserting after the number "2517" the phrase ", 2672, or 2677". SEC. 7. Subsection (b) of section 2401 of title 28, United States Code, is amended to read as follows: " (b) a tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented." SEC. 8. The first sentence of section 2671 of title 28, United States Code, is amended to read as follows: "As used in this chapter and sections 1346(b) and 2401(b) of this title, the term 'Federal agency' includes the executive departments, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the tjnited States, but does not include any contractor with the United States."

Compromise. 62 Stat. 984. 63 Stat. 62. Attorney f e e s, penalty. 28 USC 2678.

Ante. p. 30 6. Exclusiveness of remedy.

Certain ma^lpract i c e and negligence s u i t s. 79 Stat. 1156.

J u d g m e n t s and compromise settlements against U.S., appropriations.

Time for commencing action.

"Federal agency."

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