28 C.F.R. § 0.172

Authority: Federal tort claims

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(a) Delegation of authority. Subject to the limitations set forth in paragraph (b) of this section, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Director of the United States Marshals Service, the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall have authority under section 2672 of title 28, United States Code, relating to the administrative settlement of Federal tort claims, to consider, ascertain, adjust, determine, compromise, and settle any claim involving their respective components, provided that any award, compromise, or settlement shall not exceed $50,000.

(b) Limitations on authority. Any proposed award, compromise, or settlement under section 2672 of title 28, United States Code, must be referred to the Assistant Attorney General in charge of the Civil Division, or his delegee, when—

(1) Because a significant question of law or policy is presented, or for any other reason, the head of the referring component is of the opinion that the proposed award, compromise, or settlement should receive the personal attention of the Assistant Attorney General or his delegee;

(2) Two or more claims arise from the same subject matter and the total amount of any award, compromise, or settlement of all claims will or may exceed $50,000; or

(3) The award, compromise, or settlement of a particular claim, as a practical matter, will or may control or adversely influence the disposition of other claims and the total settlement value of all claims will or may exceed $50,000.

(c) Subject to the provisions of § 0.160, the Assistant Attorney General in charge of the Civil Division shall have authority to consider, ascertain, adjust, determine, compromise, and settle any other claim involving the Department under section 2672, of title 28, U.S. Code, relating to the administrative settlement of Federal tort claims.

[AG Order No. 3330-2012, 77 FR 26183, May 3, 2012]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1986–2026 · leading case: Dan S. Hessbrook v. M.C. Lennon, Jr., D.A. French, & J. Saxman, 777 F.2d 999 (5th Cir. 1986).

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Dan S. Hessbrook v. M.C. Lennon, Jr., D.A. French, & J. Saxman, 777 F.2d 999 (5th Cir. 1986). · cites it 4× “See 28 C.F.R. § 0.172 (b) (“Assistant Attorney General shall have authority to adjust, determine, compromise, and settle any other claim involving the Department [of Justice] under Section 2672 of Title 28.”

Brickey v. United States, 116 Fed. Cl. 71 (Fed. Cl. 2014). “, and authority granted by 28 C.F.R. § 0.172 ,” for "compensation for lost wages” plaintiff "allegedly sustained at the Federal Correctional Institution (FCI) in El Reno, Oklahoma and FCI Seagoville during the late 1960s.”

Lawrence v. Metropoliatian Corr. Ctr.-Chicago (N.D. Ill. 2019). “It told plaintiff that his claim was “considered for administrative review pursuant to 28 C.F.R. § 0.172 , Authority: Federal Tort Claims and 28 C.”

Silva-Vidinha (D. Minnesota 2026). “The BOP’s letter stated: Your above-referenced tort claim has been considered for administrative review pursuit to 28 C.F.R. § 0.172 , Authority: Federal Tort Claims and 28 C.”

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