§ 2672. — Administrative adjustment of claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2672]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 171--TORT CLAIMS PROCEDURE
Sec. 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.
(June 25, 1948, ch. 646, 62 Stat. 983; Apr. 25, 1949, ch. 92, Sec. 2(b),
63 Stat. 62; May 24, 1949, ch. 139, Sec. 125, 63 Stat. 106; Sept. 23,
1950, ch. 1010, Sec. 9, 64 Stat. 987; Pub. L. 86-238, Sec. 1(1), Sept.
8, 1959, 73 Stat. 471; Pub. L. 89-506, Secs. 1, 9(a), July 18, 1966, 80
Stat. 306, 308; Pub. L. 101-552, Sec. 8(a), Nov. 15, 1990, 104 Stat.
2746.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Sec. 921 (Aug. 2, 1946, ch.
753, Sec. 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. 101-552 inserted 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. 89-506 substituted ``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. 86-238 substituted ``$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
Section 10 of Pub. L. 89-506 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
Section 424(b) of act Aug. 2, 1946, ch. 753, title IV, 60 Stat. 856,
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.''
Section Referred to in Other Sections
This section is referred to in sections 2678, 2679 of this title;
title 5 section 8477; title 7 sections 2262a, 7752, 8312; title 8
section 1357; title 10 sections 1054, 1089, 2733; title 15 section 2081;
title 21 section 904; title 22 sections 1474, 2669, 2669-1, 2702; title
29 section 2897; title 31 section 1304; title 32 section 715; title 38
sections 515, 1151, 7316; title 39 section 2603; title 42 sections 233,
238q, 2212, 2458a, 5055.
