Federal Tort Claims Act

SUMMARY: In this document, the Bureau of Prisons is proposing to revise

its regulations on the Federal Tort Claims Act in accordance with the

mandate to use plain language. This revision is intended to provide

clearer instructions for filing and processing a claim with the Bureau

for money damages for personal injury or death and/or damage to or loss

of property.

DATES: Comments due by August 16, 1999.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,

HOLC Room 754, 320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General

Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend

its regulations on the Federal Tort Claim Act (28 CFR 543, subpart C).

Current regulations on this subject were published in the Federal

Register on December 30, 1992 (57 FR 62460). In accordance with the

President's mandate to use plain language in government writing, we

have reorganized this document in a question and answer format. The

Bureau believes the question and answer format provides simple, easy to

follow instructions for those persons wishing to file a claim with the

Bureau for money damages for personal injury or death and/or damage to

or loss of property.

Interested persons may participate in this proposed rulemaking by

submitting data, views, or arguments in writing to the Rules Unit,

Office of General Counsel, Bureau of Prisons, 320 First Street, NW.,

HOLC Room 754, Washington, DC 20534. Comments received during the

comment period will be considered before final action is taken.

Comments received after the expiration of the comment period will be

considered to the extent practicable. All comments received remain on

file for public inspection at the above address. The proposed rule may

be changed in light of the comments received. No oral hearings are

contemplated.

Executive Order 12866

This rule falls within a category of actions that the Office of

Management and Budget (OMB) has determined not to constitute

``significant regulatory actions'' under section 3(f) of Executive

Order 12866 and, accordingly, it was not reviewed by OMB.

Executive Order 12612

This regulation will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612, it is determined that this rule does not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

Regulatory Flexibility Act

The Director of the Bureau of Prisons, in accordance with the

Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this

regulation and by approving it certifies that this regulation will not

have a significant economic impact upon a substantial number of small

entities for the following reasons: This rule pertains to the

correctional management of offenders committed to the custody of the

Attorney General or the Director of the Bureau of Prisons, and its

economic impact is limited to the Bureau's appropriated funds.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local and

tribal governments, in the aggregate, or by the private sector, of

$100,000,000 or more in any one year, and it will not significantly or

uniquely affect small governments. Therefore, no actions were deemed

necessary under the provisions of the Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by Sec. 804 of the Small

Business Regulatory Enforcement Fairness Act of 1996. This rule will

not result in an annual effect on the economy of $100,000,000 or more;

a major increase in costs or prices; or significant adverse effects on

competition, employment, investment, productivity, innovation, or on

the ability of United States-based companies to compete with foreign-

based companies in domestic and export markets.

Plain Language Instructions

We try to write clearly. If you can suggest how to improve the

clarity of these regulations, call or write Roy Nanovic at the address

listed above.

List of Subjects in 28 CFR Part 543

Prisoners.

Kathleen Hawk Sawyer,

Director, Bureau of Prisons.

Accordingly, pursuant to the rulemaking authority vested in the

Attorney General in 5 U.S.C. 552(a) and delegated to the Director,

Bureau of Prisons in 28 CFR 0.96(o), part 543 in subchapter C of 28

CFR, chapter V is proposed to be amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 543--LEGAL MATTERS

1. The authority citation for 28 CFR part 543 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,

4081 (Repealed in part as to offenses committed on or after November

1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses

committed after that date), 5039; 28 U.S.C. 509, 510 1346(b), 2671-

80; 28 CFR 0.95-0.99, 0.172, 14.1-11.

2. Subpart C is revised to read as follows:

Subpart C--Federal Tort Claims Act

Sec.

543.30 Purpose and scope.

543.31 Filing a claim.

543.32 Processing the claim.

Subpart C--Federal Tort Claim Act

Sec. 543.30 Purpose and scope.

Pursuant to the Federal Tort Claims Act, a claim for money damages

for personal injury or death and/or damage to or loss of property must

be filed against the United States by the injured party with the

appropriate Federal agency for administrative action. General

provisions for processing administrative claims under the Federal Tort

Claims Act are contained in 28 CFR part 14. The provisions in this

subpart describe the procedures to follow when filing an administrative

tort claim with the Bureau of Prisons.

Sec. 543.31 Filing a claim.

(a) Who may file a claim? You may file a claim if you are the

injured person or the owner of the damaged or lost property. A person

acting on your behalf as an agent, executor, administrator, parent,

guardian, or other representative

[[Page 32173]]

may file a claim for you if the person provides a written statement

signed by you giving that person permission to act for you. A

representative may also file a claim for wrongful death. If you hire a

lawyer or authorize a representative to act on your behalf, the agency

will correspond only with that representative, and will not continue to

correspond with you.

(b) Where do I obtain a form for filing a claim? You may obtain a

form from staff in the Central Office, Regional Offices, Bureau

institutions, or staff training centers.

(c) Where do I file the claim? You may either mail or deliver the

claim to the regional office in the region where the claim occurred. If

the loss or injury occurred in a specific regional office or within the

geographical boundaries of the region, you may either mail or deliver

the claim to that regional office. If the loss or injury occurred in

the Central Office, you may either mail or deliver the claim to the

Office of General Counsel, Central Office. If the loss or injury

occurred in one of the training centers, you may either mail or deliver

the claim to the Associate General Counsel, Federal Law Enforcement

Training Center. 28 CFR part 503 lists Bureau institutions by region

and also contains the addresses of the Central Office, regional offices

and training centers.

Sec. 543.32 Processing the claim.

(a) Will I receive an acknowledgment letter? Yes. If you have

provided all necessary information to process your claim (such as time,

date, and place where the incident occurred, and a specific sum of

money you are requesting as damages), you will receive an

acknowledgment letter indicating the filing date and a claim number.

The filing date is the date your claim was first received by either the

Department of Justice or an office of the Bureau of Prisons. You should

refer to your claim number in all further correspondences with the

agency. Additionally, you must inform the agency of any changes in your

address. If you fail to provide all necessary information, your claim

will be rejected and returned to you requesting supplemental

information.

(b) Will I be notified if my claim is transferred? Yes. If your

claim is improperly filed, you will be notified by the responsible

office that your claim was transferred to another regional office, the

Central Office, a training center, or another agency.

(c) Will an investigation be conducted? Yes. The regional office

ordinarily refers the claim to the appropriate institution or office

for investigation. You may also be required to provide additional

information during the investigation. Your failure to respond within a

reasonable time may result in the rejection or denial of the claim.

(d) Who will decide my administrative claim? The Regional Counsel

reviews the investigation and the supporting evidence and renders a

decision of all claims properly filed in the regional office and within

regional settlement authority. The Regional Counsel has limited

settlement authority (up to an amount established by the Director,

Bureau of Prisons). After considering the merits of the claim, the

Regional Counsel may deny or propose a settlement of the claim. The

General Counsel will investigate and decide all claims properly filed

in the Central Office.

(e) Will my claim be reviewed by or referred to the Central Office?

If the Regional Counsel recommends a proposed settlement in excess of

the settlement authority, the claim will be forwarded, with a

recommendation, to the Office of General, Central Office for their

review.

(f) Will appreciation or depreciation be considered? Yes. Staff

will consider appreciation or depreciation of lost or damaged property

in settling a claim.

(g) If my claim is denied or I am dissatisfied with a settlement

offer, what are my options? If your claim is denied or you are

dissatisfied with a settlement offer, you may request, in writing, that

the Bureau of Prisons reconsider your claim in the administrative

stage. You should include additional evidence of injury or loss to

support your request for reconsideration. If you are dissatisfied with

the final agency action, you may file suit in an appropriate U.S.

District Court as no further administrative action is available.

(h) What if I accept a settlement of my claim? If you accept a

settlement, you give up your right to bring a lawsuit against the

United States or against any employee of the government whose action or

lack of action gave rise to your claim.

(i) How long will it take to get a response? Generally, you will

receive a decision regarding your claim within six months of when you

properly file the claim. If you have not received a letter either

proposing a settlement or denying your claim within six months after

the date your claim was filed, you may assume your claim is denied. You

may proceed to file a lawsuit in the appropriate United States District

Court.

[FR Doc. 99-15131 Filed 6-14-99; 8:45 am]

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