Notes on 28 U.S.C. § 2672 : US Code - Notes

Search Notes on 28 U.S.C. § 2672 : US Code - Notes

(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."