Appendix A to Part 14 - Delegations of Settlement Authority
28:1.0.1.1.15.0.4.12.7 : Appendix A
Appendix A to Part 14 - Delegations of Settlement Authority
Delegation of Authority to the Secretary of Veterans Affairs
Section 1. Authority To Compromise Tort Claims
(a) The Secretary of Veterans Affairs shall have the authority
to adjust, determine, compromise, and settle a claim involving the
Department of Veterans Affairs under section 2672 of title 28,
United States Code, relating to the administrative settlement of
Federal tort claims, if the amount of the proposed adjustment,
compromise, or award does not exceed $500,000. When the Secretary
believes a pending administrative claim presents a novel question
of law or of policy, the Secretary shall obtain the advice of the
Assistant Attorney General in charge of the Civil Division.
(b) The Secretary may redelegate, in writing, the settlement
authority delegated under this section.
Section 2. Memorandum
Whenever the Secretary of Veterans Affairs settles any
administrative claim pursuant to the authority granted by section 1
for an amount in excess of $200,000 and within the amount delegated
under section 1, a memorandum fully explaining the basis for the
action taken shall be executed. A copy of this memorandum shall be
sent contemporaneously to the Director, FTCA Staff, Torts Branch of
the Civil Division.
Delegation of Authority to the Postmaster General Section 1.
Authority To Compromise Tort Claims
(a) The Postmaster General shall have the authority to adjust,
determine, compromise, and settle a claim involving the United
States Postal Service under section 2672 of title 28, United States
Code, relating to the administrative settlement of Federal tort
claims, if the amount of the proposed adjustment, compromise, or
award does not exceed $500,000. When the Postmaster General
believes a pending administrative claim presents a novel question
of law or of policy, the Postmaster General shall obtain the advice
of the Assistant Attorney General in charge of the Civil
Division.
(b) The Postmaster General may redelegate, in writing, the
settlement authority delegated under this section.
Section 2. Memorandum
Whenever the Postmaster General settles any administrative claim
pursuant to the authority granted by section 1 for an amount in
excess of $200,000 and within the amount delegated under section 1,
a memorandum fully explaining the basis for the action taken shall
be executed. A copy of this memorandum shall be sent
contemporaneously to the Director, FTCA Staff, Torts Branch of the
Civil Division.
Delegation of Authority to the Secretary of Defense Section 1.
Authority To Compromise Tort Claims
(a) The Secretary of Defense shall have the authority to adjust,
determine, compromise, and settle a claim involving the Department
of Defense under section 2672 of title 28, United States Code,
relating to the administrative settlement of Federal tort claims,
if the amount of the proposed adjustment, compromise, or award does
not exceed $500,000. When the Secretary believes a pending
administrative claim presents a novel question of law or of policy,
the Secretary shall obtain the advice of the Assistant Attorney
General in charge of the Civil Division.
(b) The Secretary may redelegate, in writing, the settlement
authority delegated under this section.
Section 2. Memorandum
Whenever the Secretary of Defense settles any administrative
claim pursuant to the authority granted by section 1 for an amount
in excess of $200,000 and within the amount delegated under section
1, a memorandum fully explaining the basis for the action taken
shall be executed. A copy of this memorandum shall be sent
contemporaneously to the Director, FTCA Staff, Torts Branch of the
Civil Division.
Delegation of Authority to the Secretary of Transportation Section
1. Authority to compromise tort claims.
(a) The Secretary of Transportation shall have the authority to
adjust, determine, compromise and settle a claim involving the
United States Department of Transportation under section 2672 of
title 28, United States Code, relating to the administrative
settlement of federal tort claims, if the amount of the proposed
adjustment, compromise, or award does not exceed $100,000. When the
Secretary of Transportation believes a claim pending before him
presents a novel question of law or of policy, he shall obtain the
advice of the Assistant Attorney General in charge of the Civil
Division.
(b) The Secretary of Transportation may redelegate in writing
the settlement authority delegated to him under this section.
Section 2. Memorandum.
Whenever the Secretary of Transportation settles any
administrative claim pursuant to the authority granted by section 1
for an amount in excess of $50,000 and within the amount delegated
to him under section 1, a memorandum fully explaining the basis for
the action taken shall be executed. A copy of this memorandum shall
be sent to the Director, FTCA Staff, Torts Branch of the Civil
Division.
Delegation of Authority to the Secretary of Health and Human
Services Section 1. Authority To Compromise Tort Claims.
(a) The Secretary of Health and Human Services shall have the
authority to adjust, determine, compromise, and settle a claim
involving the Department of Health and Human Services under section
2672 of title 28, United States Code, relating to the
administrative settlement of federal tort claims, if the amount of
the proposed adjustment, compromise, or award does not exceed
$200,000. When the Secretary of Health and Human Services believes
a claim pending before him presents a novel question of law or
policy, he shall obtain the advice of the Assistant Attorney
General in charge of the Civil Division.
(b) The Secretary of Health and Human Services may redelegate,
in writing, the settlement authority delegated to him under this
section.
Section 2. Memorandum.
Whenever the Secretary of Health and Human Services settles any
administrative claim pursuant to the authority granted by section 1
for an amount in excess of $100,000 and within the amount delegated
to him under section 1, a memorandum fully explaining the basis for
the action taken shall be executed. A copy of this memorandum shall
be sent to the Director, FTCA Staff, Torts Branch of the Civil
Division.
Delegation of Authority to the Secretary of the Department of
Homeland Security Authority To Compromise Tort Claims
(a) The Secretary of the Department of Homeland Security shall
have the authority to adjust, determine, compromise, and settle a
claim involving the Department of Homeland Security under Section
2672 of Title 28, United States Code, relating to the
administrative settlement of federal tort claims if the amount of
the proposed adjustment, compromise, or award does not exceed
$50,000. When the Secretary believes a claim pending before him
presents a novel question of law or of policy, he shall obtain the
advice of the Assistant Attorney General in charge of the Civil
Division.
(b) The Secretary may redelegate, in writing, the settlement
authority delegated to him under this section.
[Order No. 1302-88, 53 FR 37753, Sept. 28, 1988, as amended by
Order No. 1471-91, 56 FR 4943, Feb. 7, 1991; Order No. 1482-91, 56
FR 12846, Mar. 28, 1991; Order No. 1583-92, 57 FR 13320, Apr. 16,
1992; 58 FR 36867, July 9, 1993; 61 FR 66220, Dec. 17, 1996; 68 FR
62517, Nov. 5, 2003; 73 FR 48299, Aug. 19, 2008; 73 FR 70276,
70277, Nov. 20, 2008; Docket No. CIV-156, 85 FR 10266, Feb. 21,
2020; Docket No. CIV-157, 85 FR 10267, Feb. 21, 2020; Docket No.
CIV-158, 85 FR 10268, Feb. 21, 2020]