§ 2672. Administrative adjustment of claims
1,140 words·~5 min read·
/usc/title-28/section-2672A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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, § 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.
Connections392 cite this · traces to 2
Cited by 392 sections · top 60
register
statutes-at-large
- Public Law 104–133To amend the Indian Self-Determination and Education Assistance Act to extend for two months the authority for promulgating regulations under the Act
- Public Law 106–553Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2001, and for other purposes
- Public Law 96–68Making appropriations for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending September 30, 1980, and for other purposes
- Public Law 99–658
- Public Law 102–140Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1992, and for other purposes
- Public Law 106–113Making consolidated appropriations for the fiscal year ending September 30, 2000,and for other purposes
- Public Law 108–188
- Public Law 99–180Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1986, and for other purposes
- Public Law 179
- Public Law 488
- Public Law 111
- Public Law 93–162
- Public Law 102–395Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1993, and for other purposes
- Public Law 179
- Public Law 97–376To provide for the use and disposition of Miami Indians judgment funds in dockets 124–B and 254 before the United States Court of Claims, and for other purposes
- Public Law 425
- Public Law 93–431To authorize the establishment of the Boston National Historical Park in the Commonwealth of Massachusetts
- Public Law 73
- Public Law 415
- Public Law 95–431Making appropriations for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending September 30, 1979, and for other purposes
U.S. Code
- § 2672Administrative adjustment of claims
- § 1901Approval of Compact of Free Association
- § 2671Definitions
- § 571Definitions
- § 1931Approval of Compact of Free Association
- § 2401Time for commencing action against United States
- § 1921Approval of U.S.-FSM Compact of Free Association and the U.S.-RMI Compact of Free Association; references to subsidiary agreements or separate agreements
- § 2680Exceptions
- § 2675Disposition by federal agency as prerequisite; evidence
- § 8477Fiduciary responsibilities; liability and penalties
- § 2679Exclusiveness of remedy
- § 2733Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force
- § 2677Compromise
- § 715Property loss; personal injury or death: activities under certain sections of this title
- § 2678Attorney fees; penalty
- § 3207Application of provisions of Federal law
- § 515Administrative settlement of tort claims
- § 8312Administration and claims
- § 904Payment of tort claims
- § 2081Authorization of appropriations
- § 1988United States policy regarding the Freely Associated States
- § 2673Reports to Congress
- § 2262aOverseas tort claims
- § 2603Settlement of claims for damages caused by the Postal Service
- § 7752Buildings, land, people, claims, and agreements
CFR
- § 14.10Action on approved claims.
- § 14.6Dispute resolution techniques and limitations on agency authority.
- § 3.362Offsets under 38 U.S.C. 1151(b) of benefits awarded under 38 U.S.C. 1151(a).
- § 3.363Bar to benefits under 38 U.S.C. 1151.
- § 304.7Authority to adjust, determine, compromise, and settle claims.
- § 3.800Disability or death due to hospitalization, etc.
- § 3.1Scope of regulations.
Traces to 2 documents
23 references not yet in our index
- 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)
- 73 Stat. 471
- Pub. L. 89–506
- 80 Stat. 306
- Pub. L. 101–552, § 8(a)
- 104 Stat. 2746
- Aug. 2, 1946, ch. 753, § 403
- 60 Stat. 843
- Pub. L. 101–552
- Pub. L. 86–238
- Pub. L. 89–506, § 10
- 80 Stat. 308
- section 4116 of Title 38
- Act Aug. 2, 1946, ch. 753, title IV, § 424(b)
- 60 Stat. 847
Citation graph
cites case law
§ 2672
Administrative adjustment of claims
Fed. Reg.×191
Stat.×130
C.F.R.×35
U.S.C.×32
IRM×2
Stat. Comp.×2
ActJune 25, 1948, ch. 646
Stat.62 Stat. 983
ActApr. 25, 1949, ch. 92, § 2(b)
Stat.63 Stat. 62
ActMay 24, 1949, ch. 139, § 125
Cites 25 · showing 7Cited by 392 across 6 sources