[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR43.3]

[Page 7-8]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 43--RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES--Table of Contents
 
Sec. 43.3  Settlement and waiver of claims.

    (a) The head of the Department or Agency of the United States 
asserting such claim, or his or her designee, may:
    (1) Accept the full amount of a claim and execute a release 
therefor;
    (2) Compromise or settle and execute a release of any claim, not in 
excess of $100,000, which the United States has for the reasonable value 
of such care and treatment; or
    (3) Waive and in this connection release any claim, not in excess of 
$100,000, in whole or in part, either for the convenience of the 
Government, or if the head of the Department or Agency, or his or her 
designee, determines that collection would result in undue hardship upon 
the person who suffered

[[Page 8]]

the injury or disease resulting in the care and treatment described in 
Sec. 43.1.
    (b) Claims in excess of $100,000 may be compromised, settled, 
waived, and released only with the prior approval of the Department of 
Justice.
    (c) The authority granted in this section shall not be exercised in 
any case in which:
    (1) The claim of the United States for such care and treatment has 
been referred to the Department of Justice; or
    (2) A suit by the third party has been instituted against the United 
States or the individual who received or is receiving the care and 
treatment described in Sec. 43.1 and the suit arises out of the 
occurrence which gave rise to the third-party claim of the United 
States.
    (d) The Departments and Agencies concerned shall consult the 
Department of Justice in all cases involving:
    (1) Unusual circumstances;
    (2) A new point of law which may serve as a precedent; or
    (3) A policy question where there is or may be a difference of views 
between any of such Departments and Agencies.

[Order No. 1594-92, 57 FR 27356, June 19, 1992]