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28 U.S.C. § 2677 — Compromise

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

28 U.S.C. § 2677 — Compromise

The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim), after the commencement of an action thereon.

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Stable record: federal_law:legal_authorities:record_usc_ff4dc2176dd9ccabefa18700
Source file: Laws/federal/codes/united-states-code/title-28/section-2677-compromise--998b900cc5.md
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Source location: Title 28, Chapter 171, § 2677; chapter-171-tort-claims-procedure.md

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The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim), after the commencement of an action thereon.

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2672

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

10 U.S.C. § 1054 — Defense of certain suits arising out of legal malpractice

**(a)** The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for damages for injury or loss of property caused by the negligent or wrongful act or omission of any person who is an attorney, paralegal, or other member of a legal staff within the Department of Defense (including the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32) or within the Coast Guard, in connection with providing legal services while acting within the scope of the person’s duties or employment, is exclusive of any other civil action or proceeding by reason of the same subject matter against the person (or the estate of the person) whose act or omission gave rise to such action or proceeding. **(b)** The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or the estate of such person) for any such injury. Any person against whom such a 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 head of the agency concerned to receive such papers. Such person shall promptly furnish copies of the pleading and process therein— (1) to the United States attorney for the district embracing the place wherein the action or proceeding is brought; (2) to the Attorney General; and (3) to the head of the agency concerned. **(c)** Upon a certification by the Attorney General that a person described in subsection (a) was acting in the scope of such person’s duties or employment at the time of the incident out

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1054

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

10 U.S.C. § 1089 — Defense of certain suits arising out of medical malpractice

**(a)** The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the armed forces, the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32, the Department of Defense, the Armed Forces Retirement Home, or the Central Intelligence Agency in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of his duties or employment therein or therefor shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) whose act or omission gave rise to such action or proceeding. This subsection shall also apply to such a physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) serving under a personal services contract entered into under [section 1091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1091&num=0&edition=prelim) or a subcontract at any tier under such a contract that is authorized in accordance with the requirements of such section 1091. **(b)** The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or the estate of such person) for any such injury. Any such person against

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1089

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

22 U.S.C. § 2702 — Malpractice protection

**(a) Exclusiveness of designated remedies** The remedy— (1) against the United States provided by sections 1346(b) and 2672 of title 28, or (2) 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 such sections, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, pharmacist, or paramedical (including medical and dental assistants and technicians, nursing assist­ants, and therapists) or other supporting personnel of the Department of State in furnishing medical care or related services, including the conducting of clinical studies or investigations, while in the exercise of his or her duties in or for the Department of State or any other Federal department, agency, or instrumentality shall be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or his or her estate) whose act or omission gave rise to such claim. **(b) Defense of civil actions by United States; delivery of process; furnishing of copies of pleadings** The United States Government shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his or her 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 may be determined by the Attorney General, all process served upon him or her or an attested true copy thereof to whomever was designated by the Secretary to receive such

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2702

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

28 U.S.C. § 2675 — Disposition by federal agency as prerequisite; evidence

**(a)** An action shall not be instituted upon a claim against the United States for money damages 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, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be asserted under the Federal Rules of Civil Procedure by third party complaint, cross-claim, or counterclaim. **(b)** Action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency, or upon allegation and proof of intervening facts, relating to the amount of the claim. **(c)** Disposition of any claim by the Attorney General or other head of a federal agency shall not be competent evidence of liability or amount of damages.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2675

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

28 U.S.C. § 2678 — Attorney fees; penalty

No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim) or any settlement made pursuant to [section 2677 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2677&num=0&edition=prelim), or in excess of 20 per centum of any award, compromise, or settlement made pursuant to [section 2672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2672&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2678

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7316

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

42 U.S.C. § 234 — Civil actions or proceedings against commissioned officers or employees

**(a) Exclusiveness of remedy** The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by alternative benefits provided by the United States where the availability of such benefits precludes a remedy under [section 1346(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim), for damage for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigation, by any commissioned officer or employee of the Public Health Service while acting within the scope of his office or employment, shall be exclusive of any other civil action or proceeding by reason of the same subject-matter against the officer or employee (or his estate) whose act or omission gave rise to the claim. **(b) Attorney General to defend action or proceeding; delivery of process to designated official; furnishing of copies of pleading and process to United States attorney, Attorney General, and Secretary** The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his 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 him or an attested true copy thereof to his 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 the United States attorney for the district embracing the place wherein the pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 234

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

42 U.S.C. § 5056 — Application of Federal law

**(a) General rule** Except as provided in subsections (b), (c), (d), and (e) of this section, volunteers under this chapter shall not be deemed Federal employees and shall not be subject to the provisions of laws relating to Federal officers and employees and Federal employment. **(b) Specific Federal legislation** Individuals enrolled as volunteers for periods of full-time service, or, as the Director deems appropriate in accordance with regulations, for periods of part-time service of not less than 20 hours per week for not less than 26 consecutive weeks, under subchapter I of this chapter shall, with respect to such service or training, (1) for the purposes of subchapter III of chapter 73 of title 5, be deemed persons employed in the executive branch of the Federal Government, (2) for the purposes of the Internal Revenue Code of 1986 ([26 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1&num=0&edition=prelim) et seq.) and title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.), be deemed employees of the United States, and any service performed by an individual as a volunteer (including training) shall be deemed to be performed in the employ of the United States, (3) for the purposes of the Federal Tort Claims provisions of title 28, be deemed employees of the United States, (4) for the purposes of subchapter I of chapter 81 of title 5 (relative to compensation to Federal employees for work injuries), shall be deemed civil employees of the United States within the meaning of the term “employee” as defined in [section 8101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edi

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

5 U.S.C. § 8477 — Fiduciary responsibilities; liability and penalties

**(a)** For the purposes of this section— (1) the term “account” is not limited by the definition provided in section 8401(1); (2) the term “adequate consideration” means— (A) in the case of a security for which there is a generally recognized market— (i) the price of the security prevailing on a national securities exchange which is registered under section 6 of the Securities Exchange Act of 1934; or (ii) if the security is not traded on such a national securities exchange, a price not less favorable to the Thrift Savings Fund than the offering price for the security as established by the current bid and asked prices quoted by persons independent of the issuer and of any party in interest; and (B) in the case of an asset other than a security for which there is a generally recognized market, the fair market value of the asset as determined in good faith by a fiduciary or fiduciaries in accordance with regulations prescribed by the Secretary of Labor; (3) the term “fiduciary” means— (A) a member of the Board; (B) the Executive Director; (C) any person who has or exercises discretionary authority or discretionary control over the management or disposition of the assets of the Thrift Savings Fund; and (D) any person who, with respect to the Thrift Savings Fund, is described in section 3(21)(A) of the Employee Retirement Income Security Act of 1974 ([29 U.S.C. 1002(21)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1002/21/A&num=0&edition=prelim)); and (4) the term “party in interest” includes— (A) any fiduciary; (B) any counsel to a person who is a fiduciary, with respect to the actions of such person as a fiduciary; (C) any participant; (D) any person providing services to the Board and, with r

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8477

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