Delegations of the Attorney General's Authority to Compromise and Close

The Attorney General has delegated settlement authority in civil cases to the several Assistant Attorneys General (AAGs) with respect to matters assigned to their respective Divisions, and certain other officials. The controlling regulations, found at 28 C.F.R. § 0.160,

et seq.,

should be consulted before authorization is sought to compromise or close a case, but it may be helpful to note that generally:

An AAG can accept offers in  compromise of affirmative claims when the difference between the gross amount of the original claim and the proposed settlement does not exceed $10 million or 15% of the original claim, whichever is greater, 28 C.F.R. §§ 0.160(a)(1);

An AAG can accept offers in compromise of affirmative  claims where a qualified expert has determined that the amount is likely the maximum that the offeror has the ability to pay, 28 C.F.R. § 0.160(a)(2);

An AAG can compromise (or settle administratively) a defense claim when the principal amount of the proposed settlement does not exceed $4 million, 28 C.F.R. § 0.160(a)(3).

An AAG can compromise all nonmonetary cases, 28 C.F.R. § 0.160(a)(4);

An AAG can reject most offers, 28 C.F.R. § 0.162;

An AAG can close (other than by compromise or by entry of judgment) an affirmative claim when the gross amount of the original claim does not exceed $10 million, 28 C.F.R. §§ 0.164, 0.169;

The Solicitor General must approve the acceptance, recommendation, or rejection of any compromise in all Supreme Court cases and in many other appellate matters, 28 C.F.R. § 0.163;

The compromising or closing of cases beyond these limits must be approved by the Deputy Attorney General, or Associate Attorney General, as appropriate, 28 C.F.R. §§ 0.160(c), 0.161, 0.164(b), 0.165, 0.167; and

The Deputy Attorney General or Associate Attorney General, as appropriate, is further specifically authorized to exercise the settlement authority of the Attorney General as to all affirmative and defensive civil claims, 28 C.F.R. § 0.161(b).

[updated April 2018]