[Federal Register: November 20, 2001 (Volume 66, Number 224)]
[Proposed Rules] 
[Page 58083-58085]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no01-19] 

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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF 
COLUMBIA

28 CFR Part 801

[CSOSA-0004-P]
RIN 3225-AA02


Federal Tort Claims Act Procedures

AGENCY: Court Services and Offender Supervision Agency for the District 
of Columbia.

ACTION: Proposed rule.

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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 
compensated.

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: roy.nanovic@csosa.gov).

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 
and/or PSA.
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 
service.
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 
Court.

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 
and Budget.

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 
Federalism Assessment.

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

[[Page 58084]]

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.

Jasper Ormond,
Interim Director.
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

Sec.
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 
http://www.usdoj.gov/civil/forms/forms.htm.
(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 
court.


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 
additional information.
(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 
feasible.
(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 
claim.
(d) Will appreciation or depreciation be considered? Yes, 
appreciation or

[[Page 58085]]

depreciation is considered in settling a claim for lost or damaged 
property.


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. 
District Court.

[FR Doc. 01-28944 Filed 11-19-01; 8:45 am]
BILLING CODE 3129-01-P