28 U.S.C. § 2672

Administrative adjustment of claims

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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.

Notes of Decisions

Cited in 336 cases (58 in the last 5 years), 1948–2026 · leading case: Collins v. United States, 996 F.3d 102 (2d Cir. 2021).

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Collins v. United States, 996 F.3d 102 (2d Cir. 2021). · cites it 5× “” 28 U.S.C. § 2672 . Further, to give the agency an exclusive window to 8 The FTCA nevertheless authorizes lawsuits in excess of administratively presented amounts where a greater sum is based “upon newly discovered evidence not reasonably discoverable” at the time of…”

Roger Vanderklok v. United States, 868 F.3d 189 (3rd Cir. 2017). · cites it 2× “The remedies available are either an administrative settlement, as allowed by 28 U.S.C. § 2672 , 9 or traditional tort damages, as afforded under 28 U.”

Mader v. United States, 654 F.3d 794 (8th Cir. 2011). · cites it 3× “” Along with § 2672, Congress enacted 28 U.S.C. § 2675 (a), which provides that “[a]n [FTCA] action [1] shall not be instituted upon a claim against the United States .”

Texas Dep't of Crim. Just. v. Miller, 51 S.W.3d 583 (Tex. 2001). · cites it 2× “[25] 28 U.S.C. § 2672 . [26] MARIKA F.X. LITRAS & CAROL J.”

Est. of Eleusipa Van Emburgh v. United States, 95 F.4th 795 (4th Cir. 2024). · cites it 4× “Because we hold that regulations enacted pursuant to 28 U.S.C. § 2672 do not impose distinct jurisdictional requirements in addition to those contained in 28 U.”

Gaf Corp. v. United States of Am.. Keene Corp. v. United States of Am.. Eagle-Picher Indus., Inc. v. United States, 818 F.2d 901 (D.C. Cir. 1987). · cites it 4× “§ 2672 (1982) provides: 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…”

Paula Segura & Ricardo Segura v. State of Iowa, 889 N.W.2d 215 (Iowa 2017). · cites it 4× “§ 2675 (a) and claims processing under 28 U.S.C. § 2672 . 3 See GAF Corp. v. United States, 818 F.”

Keene Corp. v. United States, 700 F.2d 836 (2d Cir. 1983). · cites it 4× “4 (1980), as required by regulations promulgated pursuant to 28 U.S.C. § 2672 . 8 While there is a conflict among the courts concerning whether the administrative filing requirements of Section 2675 — which are jurisdictional in nature — should be read in the light of…”

Judith Odin v. United States, 656 F.2d 798 (D.C. Cir. 1981). · cites it 5× “See 28 U.S.C. § 2672 . 17 . S.Rep.No.1327, 89th Cong.”

Aaron Schwarder Donna Eubanks Kathleen Schwarder v. United States, 974 F.2d 1118 (9th Cir. 1992). · cites it 5× “The Government contends that the Schwarder children’s action was barred by the Federal Tort Claims Act, 28 U.S.C. § 2672 , because Harry Schwarder and his wife previously entered into an administrative settlement with the Government in which they received $285,000 and agreed to…”

Samuel Wilcher, Jr. v. Lincoln Cnty. Bd. of Supervisors, 243 So. 3d 177 (Miss. 2018). · cites it 2× “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 Government while acting within the scope of his office or employment” (emphasis added)); 28 U.S.C. § 2672 (authorizing the settlement of “any…”

Gary L. Adams v. United States, 615 F.2d 284 (5th Cir. 1980). · cites it 3× “Under 28 U.S.C. § 2672 , administrative agencies may settle claims presented to them.”

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