[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR14.600]

[Page 575-576]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec.  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

[[Page 576]]

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 Sec. Sec.  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)

[64 FR 47112, Aug. 30, 1999]