28 U.S. Code § 2672 - Administrative adjustment of claims

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 Attorney General delegates to the head of the agency the authority to make such award, compromise, or settlement. 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 authority 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, settlement, or determination shall be final and conclusive on all officers of the Government, except when procured by means of fraud.
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 in 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.
The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter.

Source

(June 25, 1948, ch. 646, 62 Stat. 983; Apr. 25, 1949, ch. 92, § 2(b),63 Stat. 62; May 24, 1949, ch. 139, § 125,63 Stat. 106; Sept. 23, 1950, ch. 1010, § 9,64 Stat. 987; Pub. L. 86–238, § 1(1),Sept. 8, 1959, 73 Stat. 471; Pub. L. 89–506, §§ 1, 9(a),July 18, 1966, 80 Stat. 306, 308; Pub. L. 101–552, § 8(a),Nov. 15, 1990, 104 Stat. 2746.)
Historical and Revision Notes

1948 Act
Based on title 28, U.S.C., 1940 ed., § 921 (Aug. 2, 1946, ch. 753, § 403,60 Stat. 843).
The phrase “accruing on and after January 1, 1945” was omitted because executed as of the date of the enactment of this revised title.
Changes were made in phraseology.
1949 Act
This section corrects a typographical error in section 2672 of title 28, U.S.C.
Amendments

1990—Pub. L. 101–552inserted at end of first par. “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 Attorney General delegates to the head of the agency the authority to make such award, compromise, or settlement. 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 authority to award, compromise, or settle such claim without the prior written approval of the Attorney General or his or her designee.”
1966—Pub. L. 89–506substituted “claims” for “claims of $2,500 or less” in section catchline, authorized administrative settlement of tort claims, in accordance with regulations prescribed by the Attorney General, of up to $25,000 and, with the prior written approval of the Attorney General or his designee, in excess of $25,000, inserted “compromise” and “settlement” to list of administrative acts that would be final and conclusive on all officers of the government, authorized the payment of administrative settlements in excess of $2,500 in the manner similar to judgments and compromises in like causes, and made appropriations and funds which were available for the payment of such judgments and compromises available for the payment of awards, compromises, or settlements under this chapter.
1959—Pub. L. 86–238substituted “$2,500” for “$1,000” in section catchline and text.
1950—Act Sept. 23, 1950, struck out requirement for specific authorization for payment of tort claims in appropriation acts.
1949—Act Apr. 25, 1949, inserted “accruing on or after January 1, 1945” after “United States” in first par.
Act May 24, 1949, substituted “2677” for “2678” in third par.
Effective Date of 1966 Amendment

Pub. L. 89–506, § 10,July 18, 1966, 80 Stat. 308, provided that: “This Act [amending this section, sections 2401, 2671, 2675, 2677, 2678, and 2679 of this title, section 724a of former Title 31, Money and Finance, and former section 4116 of Title 38, Veterans’ Benefits], shall apply to claims accruing six months or more after the date of its enactment [July 18, 1966].”
Laws Unaffected

Act Aug. 2, 1946, ch. 753, title IV, § 424(b),60 Stat. 847, provided that: “Nothing contained herein shall be deemed to repeal any provision of law authorizing any Federal agency to consider, ascertain, adjust, settle, determine, or pay any claim on account of damage to or loss of property or on account of personal injury or death, in cases in which such damage, loss, injury, or death was not caused by any negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment, or any other claim not cognizable under part 2 of this title.”

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


5 CFR - Administrative Personnel

5 CFR Part 177 - ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT

10 CFR - Energy

10 CFR Part 14 - ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT

10 CFR Part 1014 - ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT

12 CFR - Banks and Banking

12 CFR Part 1076 - CLAIMS AGAINST THE UNITED STATES

13 CFR - Business Credit and Assistance

13 CFR Part 114 - ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND INDEMNIFICATION OF SBA EMPLOYEES

14 CFR - Aeronautics and Space

14 CFR Part 15 - ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT

14 CFR Part 1261 - PROCESSING OF MONETARY CLAIMS (GENERAL)

15 CFR - Commerce and Foreign Trade

15 CFR Part 2 - PROCEDURES FOR HANDLING AND SETTLEMENT OF CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT

20 CFR - Employees' Benefits

20 CFR Part 429 - ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND RELATED STATUTES

22 CFR - Foreign Relations

22 CFR Part 304 - CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT

22 CFR Part 511 - FEDERAL TORT CLAIMS PROCEDURE

24 CFR - Housing and Urban Development

24 CFR Part 17 - ADMINISTRATIVE CLAIMS

28 CFR - Judicial Administration

28 CFR Part 14 - ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT

28 CFR Part 543 - LEGAL MATTERS

29 CFR - Labor

29 CFR Part 15 - ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND RELATED STATUTES (Eff. until 7-12-12)

29 CFR Part 100 - ADMINISTRATIVE REGULATIONS

31 CFR - Money and Finance: Treasury

31 CFR Part 3 - CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES

32 CFR - National Defense

32 CFR Part 536 - CLAIMS AGAINST THE UNITED STATES

32 CFR Part 842 - ADMINISTRATIVE CLAIMS

32 CFR Part 1280 - INVESTIGATING AND PROCESSING CERTAIN NONCONTRACTUAL CLAIMS AND REPORTING RELATED LITIGATION

33 CFR - Navigation and Navigable Waters
34 CFR - Education

34 CFR Part 35 - TORT CLAIMS AGAINST THE GOVERNMENT

38 CFR - Pensions, Bonuses, and Veterans' Relief

38 CFR Part 14 - LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS

39 CFR - Postal Service

39 CFR Part 912 - PROCEDURES TO ADJUDICATE CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE OPERATION OF THE U.S. POSTAL SERVICE

40 CFR - Protection of Environment

40 CFR Part 1620 - ADMINISTRATIVE CLAIMS ARISING UNDER THE FEDERAL TORT CLAIMS ACT

43 CFR - Public Lands: Interior

43 CFR Part 22 - ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND INDEMNIFICATION OF DEPARTMENT OF THE INTERIOR EMPLOYEES

45 CFR - Public Welfare

45 CFR Part 35 - TORT CLAIMS AGAINST THE GOVERNMENT

46 CFR - Shipping

46 CFR Part 204 - CLAIMS AGAINST THE MARITIME ADMINISTRATION UNDER THE FEDERAL TORT CLAIMS ACT

 

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