28 U.S.C. § 2672 : US Code - Section 2672: Administrative adjustment of claims
Search 28 U.S.C. § 2672 : US Code - Section 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.