[Federal Register: November 20, 2001 (Volume 66, Number 224)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF
28 CFR Part 801
Federal Tort Claims Act Procedures
AGENCY: Court Services and Offender Supervision Agency for the District
ACTION: Proposed rule.
SUMMARY: In this document, the Court Services and Offender Supervision
Agency for the District of Columbia (``CSOSA'' or ``Agency'') is
proposing to adopt regulations to supplement Department of Justice
regulations for processing administrative claims under the Federal Tort
Claims Act (``FTCA''). These supplemental regulations state in plain
language what members of the public need to do to file a claim for
money damages under the FTCA with CSOSA or with the District of
Columbia Pretrial Services Agency (``PSA'' or ``Agency''). These
regulations are necessary to help ensure that persons who suffer proven
monetary loss, personal injury, or wrongful death due to a negligent or
otherwise wrongful act or omission of an Agency employee committed
while acting within the scope of his or her employment will be properly
DATES: Comments due by January 22, 2002.
ADDRESSES: Office of the General Counsel, CSOSA, Room 1253, 633 Indiana
Avenue, NW., Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Records Manager
(telephone: (202) 220-5359; e-mail: email@example.com).
SUPPLEMENTARY INFORMATION: The Court Services and Offender Supervision
Agency for the District of Columbia (``CSOSA'') is proposing to adopt
regulations (28 CFR part 801) supplementing Department of Justice
regulations (28 CFR part 14) for processing administrative claims under
the Federal Tort Claims Act (``FTCA''). CSOSA previously published its
organizational regulations (28 CFR part 800) in the Federal Register on
January 8, 2001 (66 FR 1259). As noted in these organizational
regulations, the District of Columbia Pretrial Services Agency (``PSA''
or ``Agency'') is an independent entity within CSOSA. CSOSA's
supplemental regulations will be applicable for claims involving CSOSA
The FTCA essentially waives the federal government's sovereign
immunity to damage actions arising out of the negligent or otherwise
wrongful acts committed by federal employees while acting within the
scope of their employment. General regulations issued by the Department
of Justice for processing FTCA claims authorize federal agencies to
issue supplementing regulations. Accordingly, CSOSA has prepared these
supplemental regulations to state in plain language what members of the
public need to do to file a claim for money damages under the FTCA due
to a negligent or otherwise wrongful act of a CSOSA or PSA employee
committed while acting within the scope of his or her employment.
Separate administrative procedures exist for claims by employees of
CSOSA or PSA for loss or damage to property incident to their own
Directions for filing the claim are contained in Sec. 801.2. The
directions are presented in a question and answer format. The easiest
way to make sure that a person with a claim includes all information
necessary for processing the claim is to submit a completed Standard
Form 95 (``SF 95''). The SF 95 is available both online and from
CSOSA's Office of the General Counsel. Other means of written
notification, however, may be acceptable as noted in the regulations.
Section 801.3 explains how claims are processed. All claims,
whether against CSOSA or PSA, are forwarded to CSOSA's Office of the
General Counsel for intake, investigation, and final determination.
Section 801.4 covers the claim's final disposition (acceptance of
settlement or denial of claim). If you accept a settlement offer, you
give up your right to bring a lawsuit against the United States or
against the employee whose action or lack of action gave rise to your
claim. If your claim is denied or you reject the settlement offer, you
have 6 months to file a civil action in the appropriate U.S. District
Matters of Regulatory Procedure
Administrative Procedure Act
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing or by e-mailing the
agency at the addresses given above in the ADDRESSES and FOR FURTHER
INFORMATION CONTACT captions. 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. We will not be holding oral
hearings on this proceeding.
Executive Order 12866
This proposed rule has been determined to be significant under
Executive Order 12866 and has been reviewed by the Office of Management
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
13132, the Director of CSOSA has determined that this rule does not
have sufficient federalism implications to warrant the preparation of a
Regulatory Flexibility Act
The Director of CSOSA, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this rule and by
approving it certifies that this rule will not have a significant
economic impact upon a substantial number of small entities. This rule
pertains to agency management, and its economic impact is limited to
the agency'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, the Director of CSOSA has
determined that no actions are 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 want to make CSOSA's documents easy to read and understand. If
you have suggestions on how to improve the clarity of these
regulations, write, e-mail, or call CSOSA's Records Manager (Roy
Nanovic) at the address or telephone number given above in the
ADDRESSES and FOR FURTHER INFORMATION CONTACT captions.
List of Subjects in 28 CFR Part 801
Claims, Probation and parole.
Accordingly, we propose to amend chapter VIII, Title 28 of the Code
of Federal Regulations by adding a new part 801 to read as follows:
PART 801--FEDERAL TORT CLAIMS ACT PROCEDURES
801.1 Claims filed under the Federal Tort Claims Act.
801.2 Filing a claim.
801.3 Processing the claim.
801.4 Final disposition of claim.
Authority: 5 U.S.C. 301; Pub. L. 105-33, 111 Stat. 251, 712
(D.C. Code 24-1233); 28 CFR 14.11.
Sec. 801.1 Claims filed under the Federal Tort Claims Act.
If an agency employee is acting within the scope of his or her
employment and causes injury to a member of the public, any claim for
money damages for personal injury, death, damage to property, or loss
of property caused by the employee's negligent or wrongful act or
omission is a claim against the United States and must first be
presented by the injured party to the appropriate federal agency for
administrative action under the Federal Tort Claims Act. General
provisions for processing such administrative claims are contained in
28 CFR part 14. The provisions in this part supplement the general
provisions in order to describe specific procedures to follow when
filing a claim with the Court Services and Offender Supervision Agency
for the District of Columbia (``CSOSA'') or the District of Columbia
Pretrial Services Agency (``PSA'').
Sec. 801.2 Filing a claim.
(a) Who may file the claim? You may file a claim for money damages
against CSOSA or PSA if you believe that a CSOSA or PSA employee has
injured you or has damaged or lost property that you own. You may file
a claim on behalf of an injured or deceased person or owner of damaged
or lost property if you are acting as agent, executor, administrator,
parent, guardian, legal or other representative provided you submit
evidence of your authority to act on behalf of the claimant.
(b) What information do you need to submit in your claim? (1) The
easiest way to ensure that you will include all necessary information
for your claim is to submit a completed Standard Form 95 (``SF 95'').
The SF 95 is available from the Office of the General Counsel, CSOSA,
(see address in paragraph (c) of this section) and on the Internet at
(2) If you do not use the SF 95, you must submit written
notification of the incident that resulted in the injury, loss, or
damage. Along with this notification, you must present a claim for
money damages in a sum certain (that is, a precise dollar amount) for
injury to or loss of property, personal injury, or death alleged to
have occurred on the basis of the incident. Failure to include the
precise dollar amount for your claim may mean that you will have
difficulty with pursuing your claim in court.
(c) Where do you submit the claim? You should submit the claim
(whether against CSOSA or PSA) directly to the Office of the General
Counsel, CSOSA, 633 Indiana Avenue NW., Washington, DC 20004. Claims
submitted to any other office of CSOSA or PSA are forwarded to the
Office of the General Counsel.
(d) When must you submit the claim? You must submit the claim so
that CSOSA/PSA receives the claim within 2 years after the claim
accrues. Mailing the claim by that date is not sufficient if CSOSA/PSA
does not receive the claim by that date. Generally speaking, a claim
accrues at the time of the injury. In those instances where neither the
injury nor its cause is immediately apparent, the claim accrues when
you discover (or reasonably should discover) the injury and its cause.
(e) May you amend your claim? Yes, you may amend your claim at any
time prior to final agency action or prior to your filing suit in
Sec. 801.3 Processing the claim.
(a) Will CSOSA/PSA contact you about your claim? (1) If you have
provided all necessary information to process your claim, you will
receive an acknowledgement indicating the filing date (that is, the
date CSOSA/PSA received your claim) and the assigned claim number.
Refer to the claim number in any further correspondence you may have
with CSOSA/PSA on the claim.
(2) If you have failed to include all necessary information, CSOSA/
PSA will return your claim to you with a request for the necessary
(3) If your claim should have been filed with another agency,
CSOSA/PSA will forward the claim to the appropriate agency and notify
you of the transfer, or return the claim to you if the appropriate
agency cannot be determined or if the transfer is otherwise not
(b) Who is responsible for offering settlement or denial on the
claim? The General Counsel is responsible for investigating the claim
and, after consultation with PSA (if the claim is against PSA) and the
Department of Justice when appropriate, determining whether the claim
should be settled or denied.
(c) How long does CSOSA/PSA have to consider your claim? CSOSA/PSA
has 6 months from the date of filing to make a settlement offer or to
deny your claim. If you amend your claim (see Sec. 801.2(e)) or request
that your claim be reconsidered (see Sec. 801.4(b)(1)), CSOSA/PSA has
an additional 6 months from the date of the amendment or the filing of
the request for reconsideration to make a final disposition of the
(d) Will appreciation or depreciation be considered? Yes,
depreciation is considered in settling a claim for lost or damaged
Sec. 801.4 Final disposition of claim.
(a) What if you accept the settlement offer? If you accept a
settlement offer, 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.
(b) What if your claim is denied? (1) If your claim is denied, you
have 30 days from the date of CSOSA/PSA's written notification to make
a written request that the agency reconsider the denial.
(2) If your claim is denied or you reject the settlement offer, you
have 6 months from the date of mailing of CSOSA/PSA's notice of denial
to file a civil action in the appropriate U.S. District Court.
(c) What if you do not hear from CSOSA/PSA within 6 months of the
filing date? If you do not hear from CSOSA/PSA within 6 months of the
filing date for the claim, you may consider your claim denied. You may
then proceed with filing a civil action in the appropriate U.S.
[FR Doc. 01-28944 Filed 11-19-01; 8:45 am]
BILLING CODE 3129-01-P