[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Proposed Rules]
[Pages 32172-32173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15131]
Federal Register / Vol. 64, No. 114 / Tuesday, June 15, 1999 /
Proposed Rules
[[Page 32172]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 543
[BOP-1098-P]
RIN 1120-AA94
Federal Tort Claims Act
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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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]
BILLING CODE 4410-05-P
