* Act of June 25, 1948 (P.L. 80-773, Ch. 646, 62 Stat. 983, as amended; 28 U.S.C. 2672-2677)

Administrative Adjustment of Claims of $2,500 or Less

Sec. 2672. 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 At-torney General delegates to the head of the agency the authority to make such award, compromise, or settle-ment. 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 author-ity to award, compromise, or settle such claim without the prior written approval of the Attorney General or his or her designee.

Subject to the provisions of this title relating to civil actions on tort claims against the United States, any such award, compromise, settle-ment, or determi-nation shall be final and conclusive on all officers of the Govern-ment, except when procured by means of fraud.

Any award, compromise, or set-tlement 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 the agen-cy. Payment of any award, compro-mise, or settlement in an amount in excess of $2,500 made pursuant to this section or made by the Attorney General in any amount pursuant to section 2677 of Title 28 of the United States Code shall be paid in a manner similar to judgements and compromises in like causes and appropriations or funds available for the payment of such judgments and compromises are hereby made avail-able for the payment of awards, compromises, or settlements under this chapter.

The acceptance by the claimant of any such award, compromise or settlement shall be final and conclu-sive on the claimant, and shall con-stitute a complete release of any claim against the United States and against the employee of the Govern-ment whose act or omission gave rise to the claim, by reason of the same subject matter. (28 U.S.C. 2672)

Reports to Congress

Sec. 2673. Reports to Congress. The head of each federal agency shall report annually to Congress all claims paid by it under section 2672 of this title, stating the name of each claimant, the amount claimed, the amount awarded, and a brief description of the claim. (28 U.S.C. 2673)

Note-Section 1(1) of P.L. 89-348, Act of Nov. 8, 1965, 79 Stat 1310, repealed the requirement that an annual report to Congress be made of the administrative adjustment of tort claims of $2,500 or less.

Liability of United States

Sec. 2674. The United States shall be liable, respecting the provi-sions of this title relating to tort claims, in the same manner and to the same extent as a private individ-ual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damag-es.

If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof.

With respect to any claim under this chapter, the United States shall be entitled to assert any defense based upon judicial or legislative immunity which otherwise would have been available to the employee of the United States whose act or omission gave rise to the claim, as well as any other defenses to which the united States is entitled.

With respect to any claim to which this section applies, the Ten-nessee Valley Authority shall be entitled to assert any defense which otherwise would have been available to the employee based upon judicial or legislative immunity, which oth-erwise would have been available to the employee of the Tennessee Valley Authority whose act or omis-sion gave rise to the claim as any other defenses to which the Tennes-see Valley Authority is entitled under this chapter. (28 U.S.C. 2674)

Disposition by Federal Agency

Sec. 2675. (a) An action shall not be instituted upon a claim against the United States for money damages for injury or loss of prop-erty 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 discover-able at the time of present-ing the claim to the Federal agency, or upon alle-gation 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. (28 U.S.C. 2675)

Judgement as Bar

Sec. 2676. 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 mat-ter, against the employee of the govern-ment whose act or omission gave rise to the claim. (28 U.S.C. 2676)

Compromise

Sec. 2677. The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under section 1346(b) of title 28 of the United States Code, after the commencement of an action thereon. (28 U.S.C. 2677)