**Federal Tort Claims Act**

**§14.600 Federal Tort Claims Act---general.**

\(a\) *Federal Tort Claims Act---overview*. The Federal Tort Claims Act
(28 U.S.C. 1291, 1346, 1402, 2401, 2402, 2411, 2412, and 2671 through
2680) prescribes a uniform procedure for handling of claims against the
United States, for money only, on account of damage to or loss of
property, or on account of personal injury or death, caused by the
negligent or wrongful act or omission of a Government employee while
acting within the scope of his or her office or employment, under
circumstances where the United States, if a private person, would be
liable in accordance with the law of the place where the act or omission
occurred.

\(b\) *Applicable regulations*. The regulations issued by the Department
of Justice at 28 CFR part 14 are applicable to claims asserted under the
Federal Tort Claims Act, including such claims that are filed with VA.
The regulations in §§14.600 through 14.605 of this part supplement the
regulations at 28 CFR part 14.

\(c\) *Delegations of authority concerning claims*. Subject to the
limitations in 28 CFR 14.6(c), (d), and (e), authority to consider,
ascertain, adjust, determine, compromise, and settle claims asserted
under the Federal Tort Claims Act (including the authority to execute an
appropriate voucher and other necessary instruments in connection
therewith) is delegated as follows:

\(1\) To the Under Secretary for Health, the Deputy Under Secretary for
Health, Veterans Integrated Service Network (VISN) Directors, and VA
Medical Facility Directors; with respect to any claim for \$2,500 or
less that arises out of the operations of the Veterans Health
Administration.

\(2\) To the General Counsel, Deputy General Counsel, and Assistant
General Counsel (Professional Staff Group I) with respect to any claim;
provided that any award, compromise, or settlement in excess of
\$200,000 shall be effected only with the prior written approval of the
Attorney General or his or her designee.

\(3\) To the Regional Counsels and Deputy Assistant General Counsel
(Professional Staff Group I) with respect to any claim; provided that:

\(i\) Any award, compromise, or settlement in excess of \$100,000 but
not more than \$200,000 shall be effected only with the prior written
approval of the General Counsel, Deputy General Counsel, or Assistant
General Counsel (Professional Staff Group I); and

\(ii\) Any award, compromise, or settlement in excess of \$200,000 shall
be effected only with the prior written approval of the General Counsel,
Deputy General Counsel, or Assistant General Counsel (Professional Staff
Group I) and with the prior written approval of the Attorney General or
his or her designee.

\(d\) *Delegations of authority to reconsider final denial of a claim*.
Subject to the limitations in 28 CFR 14.6(c), (d), and (e), authority
under 28 CFR 14.9 to reconsider final denials of claims under the
Federal Tort Claims Act is delegated as follows:

\(1\) To the Regional Counsel with jurisdiction over the geographic area
where the occurrence complained of arose, with respect to any claim for
\$2,500 or less that arises out of the operations of the Veterans Health
Administration.

\(2\) To the General Counsel, Deputy General Counsel, and Assistant
General Counsel (Professional Staff Group I) with respect to any claim;
provided that any award, compromise, or settlement in excess of
\$200,000 shall be effected only with the prior written approval of the
Attorney General or his or her designee.

**Note (1) to paragraph (c)(2):** For any award, compromise, or
settlement in excess of \$100,000 but not more than \$200,000 a
memorandum fully explaining the basis for the action taken shall be sent
to the Department of Justice.

**Note (2) to paragraph (c)(3)(i):** For any award, compromise, or
settlement under paragraph (c)(3)(i) of this section a memorandum fully
explaining the basis for the action taken shall be sent to the
Department of Justice.

**Note (3) to paragraph (d)(2):** For any award, compromise, or
settlement in excess of \$100,000 but not more than \$200,000 a
memorandum fully explaining the basis for the action taken shall be sent
to the Department of Justice.

(Authority: 28 U.S.C. 1291, 1346, 1402, 2401, 2402, 2411, 2412,
2671-2680; 38 U.S.C. 512, 515; 28 CFR part 14, appendix to part 14)

\[38 FR 5470, Mar. 1, 1973, as amended at 42 FR 41414, Aug. 17, 1977; 54
FR 34982, Aug. 23, 1989; 61 FR 27784, June 3, 1996; 64 FR 47111, Aug.
30, 1999\]

**Supplement *Highlights* references**: 15(5), 36(1).

Reserved