[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR11.16]



[Page 114]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 11_CLAIMS--Table of Contents

 

      Subpart B_Administrative Claims Under Federal Tort Claims Act

 

Sec. 11.16  Limitations on authority.



    (a) An award, compromise, or settlement of a claim under this part 

in excess of $25,000 may be effected only with the advance written 

approval of the Attorney General or his or her designee. For the purpose 

of this paragraph, a principal claim and any derivative or subrogated 

claim shall be treated as a single claim.

    (b) An administrative claim may be adjusted, determined, 

compromised, or settled under this part only after consultation with the 

Department of Justice, when, in the opinion of the General Counsel of 

FEMA or his or her designee:

    (1) A new precedent or a new point of law is involved; or

    (2) A question of policy is or may be involved; or

    (3) The United States is or may be entitled to indemnity or 

contribution from a third party and FEMA is unable to adjust the third 

party claim; or

    (4) The compromise of a particular claim, as a practical matter, 

will or may control the disposition of a related claim in which the 

amount to be paid may exceed $25,000.

    (c) An administrative claim may be adjusted, determined, compromised 

or settled under this part only after consultation with the Department 

of Justice when FEMA is informed or is otherwise aware that the United 

States or an employee, agent or cost-type contractor of the United 

States is involved in litigation based on a claim arising out of the 

same incident or transaction.