[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Rules and Regulations]
[Pages 62516-62517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27826]


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DEPARTMENT OF JUSTICE

28 CFR Part 14


Administrative Claims Under the Federal Tort Claims Act; 
Delegation of Authority

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This Directive delegates authority to the Secretary of Health 
and

[[Page 62517]]

Human Services to settle administrative tort claims presented pursuant 
to the Federal Tort Claims Act where the amount of the settlement does 
not exceed $200,000. This Directive implements the Administrative 
Dispute Resolution Act. This Directive will alert the general public to 
the new authority and is being published in the CFR to provide a 
permanent record of this delegation.

EFFECTIVE DATE: November 5, 2003

FOR FURTHER INFORMATION CONTACT: Phyllis J. Pyles, Director, Torts 
Branch, Civil Division, U.S. Department of Justice, P.O. Box 888, 
Washington, DC 20044, (202) 616-4252.

SUPPLEMENTARY INFORMATION: This Directive has been issued to delegate 
settlement authority and is a matter solely related to the division of 
responsibility between the Department of Justice and the Department of 
Health and Human Services. It does not have a significant economic 
impact on a substantial number of small entities. 5 U.S.C. 605(b). It 
is not a significant regulatory action within the meaning of Executive 
Order No. 12866.

List of Subjects in 28 CFR Part 14

    Authority delegations (government agencies), Claims.

0
By virtue of the authority vested in me by part 0 of title 28 of the 
Code of Federal Regulations, including Sec. Sec.  0.45, 0.160, 0.162, 
0.164, and 0.168, 28 CFR part 14 is amended as follows:

PART 14--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT

0
1. The authority citation for part 14 continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 2672; 38 U.S.C. 
224(a).

0
2. The Appendix to Part 14 is amended by adding a new provision at the 
end of the Appendix to read as follows:

Appendix to Part 14--Delegations of Settlement Authority

* * * * *

Delegation of Authority to the Secretary of Health and Human Services

Section 1. Authority to Compromise Tort Claims.

    (a) The Secretary of Health and Human Services shall have the 
authority to adjust, determine, compromise, and settle a claim 
involving the Department of Health and Human Services under section 
2672 of title 28, United States Code, relating to the administrative 
settlement of federal tort claims, if the amount of the proposed 
adjustment, compromise, or award does not exceed $200,000. When the 
Secretary of Health and Human Services believes a claim pending 
before him presents a novel question of law or policy, he shall 
obtain the advice of the Assistant Attorney General in charge of the 
Civil Division.
    (b) The Secretary of Health and Human Services may redelegate, 
in writing, the settlement authority delegated to him under this 
section.

Section 2. Memorandum.

    Whenever the Secretary of Health and Human Services settles any 
administrative claim pursuant to the authority granted by section 1 
for an amount in excess of $100,000 and within the amount delegated 
to him under section 1, a memorandum fully explaining the basis for 
the action taken shall be executed. A copy of this memorandum shall 
be sent to the Director, FTCA Staff, Torts Branch of the Civil 
Division.

Peter D. Keisler,
Assistant Attorney General, Civil Division.
[FR Doc. 03-27826 Filed 11-4-03; 8:45 am]
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