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38 U.S.C. § 515 — Administrative settlement of tort claims

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 515 — Administrative settlement of tort claims

**(a)** (1) Notwithstanding the limitations contained in [section 2672 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2672&num=0&edition=prelim), the Secretary may settle a claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or [section 7316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7316&num=0&edition=prelim) to the extent the authority to do so is delegated to the Secretary by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States. (2) For purposes of this subsection, the term “settle”, with respect to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance. **(b)** The Secretary may pay tort claims, in the manner authorized in the first paragraph of [section 2672 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2672&num=0&edition=prelim), when such claims arise in foreign countries in connection with Department operations abroad. A claim may not be allowed under this subsection unless it is presented in writing to the Secretary within two years after the claim accrues.

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Source location: Title 38, Chapter 5, § 515; chapter-005-authority-and-duties-of-the-secretary.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7316 — Malpractice and negligence suits: defense by United States

**(a)** (1) The remedy— (A) against the United States provided by sections 1346(b) and 2672 of title 28, or (B) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of title 28, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a health care employee of the Administration in furnishing health care or treatment while in the exercise of that employee’s duties in or for the Administration shall be exclusive of any other civil action or proceeding by reason of the same subject matter against the health care employee (or employee’s estate) whose act or omission gave rise to such claim. (2) For purposes of paragraph (1), the term “health care employee of the Administration” means a physician, dentist, podiatrist, chiropractor, optometrist, nurse, physician assistant, expanded-function dental auxiliary, pharmacist, or paramedical (such as medical and dental technicians, nursing assistants, and therapists), or other supporting personnel. **(b)** The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or such person’s estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person’s immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to t

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2672 — Administrative adjustment of claims

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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 515 — Administrative settlement of tort claims

Page 82 TITLE 38—VETERANS’ BENEFITS § 515 agreements with private or public agencies or persons (including contracts for services of translators without regard to any other law), for such necessary services (including personal serv- ices) as the Secretary may consider practicable. The Secretary may also enter into contracts or agreements with private concerns or public agencies for the hiring of passenger motor vehi- cles or aircraft for official travel whenever, in the Secretary’s judgment, such arrangements are in the interest of efficiency or economy. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 213 of this title prior to repeal by Pub. L. 102–83, § 2(a). § 515. Administrative settlement of tort claims (a)(1) Notwithstanding the limitations con- tained in section 2672 of title 28, the Secretary may settle a claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or section 7316 of this title to the extent the authority to do so is dele- gated to the Secretary by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States. (2) For purposes of this subsection, the term ‘‘settle’’, with respect to a claim, means con- sider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allow- ance or by disallowance. (b) The Secretary may pay tort claims, in the manner authorized in the first paragraph of sec- tion 2672 of title 28, when such claims arise in foreign countries in connection with Depart- ment operations abroad. A cl

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