[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Rules and Regulations]
[Pages 34363-34365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13300]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 543

[BOP-1098-F]
RIN 1120-AA94


Federal Tort Claims Act

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: This document adopts as final the proposed rule pertaining to 
the Federal Tort Claims Act in accordance with the mandate to use plain 
language. The amendment 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.

EFFECTIVE DATE: June 26, 2000.

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 revising its 
regulations in 28 CFR 543, subpart C, on the Federal Tort Claims Act. A 
proposed rule on this subject was published in the Federal Register on 
June 14, 1999 (64 FR 32172). The Bureau received comment from three 
respondents.
    One commenter filed a tort claim alleging that the proposed rule 
and various other Bureau policies were vague and unclear. No specifics, 
however, were provided as to the proposed tort claim procedures. This 
commenter's claim is being processed in accordance with the existing 
procedures for tort claims. The second commenter stated that the 
proposed revision was plain and concise. This commenter also expressed 
the opinion that the current procedures were cumbersome and slow. As 
noted above, the intent of the revision is 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. The Bureau believes that revising the procedures for clarity 
will also serve to help expedite the process. The third commenter was 
seeking guidance whether to submit a warranty claim or to file a tort 
claim for damaged property. The tort claim procedures are available for 
use. It would be a conflict of interest for the Bureau to advise an 
inmate on the question of using the tort claim procedures or other 
available avenues of redress in any specific instance.
    With due consideration to the comments received, the Bureau has 
determined to adopt the proposed rule as final. In adopting the 
proposed rule as final, the Bureau is amending proposed Sec. 543.32(d) 
to reflect the role of the Department of Justice's Torts Branch in 
deciding administrative claims for amounts beyond delegated settlement 
authority. Members of the public may submit comments concerning this 
rule by writing to the previously cited address. These comments will be 
considered but will receive no response in the Federal Register.

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 13132

    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 13132, 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

[[Page 34364]]

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

    Claims, 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 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 Claims 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 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 
or his or her designee 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 propose settlement for 
all claims properly filed in the Central Office in accordance with 
delegated settlement authority. If the proposed settlement exceeds the 
General Counsel's authority, the General Counsel will seek approval 
from the appropriate Department of Justice officers.
    (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 Counsel, 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

[[Page 34365]]

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 U.S. District Court.

[FR Doc. 00-13300 Filed 5-25-00; 8:45 am]
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