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U.S. Code as of:
01/19/04
Section 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.
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