Delegation of Authority Under the Federal Tort Claims Act and Related Statutes, 77296 [05-24590]

Agencies

• Office of the Secretary
• DEPARTMENT OF LABOR

[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Notices]
[Page 77296]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24590]



[[Page 77295]]

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Part IV





Department of Labor





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Office of the Secretary



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Delegation of Authority Under the Federal Tort Claims Act and Related 
Statutes; Notice

Federal Register / Vol. 70 , No. 249 / Thursday, December 29, 2005 / 
Notices

[[Page 77296]]


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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 07-2005]


Delegation of Authority Under the Federal Tort Claims Act and 
Related Statutes

    1. Purpose. To delegate to the Solicitor of Labor the authority 
conferred on the Secretary of Labor under (a) the Federal Tort Claims 
Act, (b) section 157(b) of the Workforce Investment Act of 1998, and 
(c) the Military Personnel and Civilian Employees' Claims Act of 1964.
    2. Directives Affected. Secretary's Order 24-76 is hereby 
cancelled.
    3. Background.
    A. The Federal Tort Claims Act (FTCA), 28 U.S.C. 2672, generally 
makes the Government liable for property damage and personal injuries 
caused by the negligent or wrongful act or omission of any Government 
employee while performing official duties. Federal agency heads, 
including the Secretary of Labor, are authorized by the FTCA to award, 
compromise, or settle claims not in excess of $25,000. Subject to the 
provisions of the FTCA relating to civil actions or tort claims, any 
such award or determination is final and conclusive on all officers of 
the Government, except when procured by means of fraud.
    B. Section 157(b) of the Workforce Investment Act of 1998, 29 
U.S.C. 2897(b), grants the Secretary of Labor discretionary authority 
to settle claims for personal injury or property damage which arise out 
of the operation of the Job Corps but are not cognizable under the 
Federal Tort Claims Act. The maximum payable for each claim may not 
exceed $1,500.
    C. The Military Personnel and Civilian Employees' Claims Act of 
1964, 31 U.S.C. 3721, authorizes the head of an executive agency, such 
as the Secretary of Labor, to settle and pay claims made by an officer 
or employee of that agency for damage to, or loss of, personal property 
incident to Government service. The maximum amount allowable on any 
claim is $40,000 unless the claim arose from an emergency evacuation or 
from extraordinary circumstances. For claims arising from an emergency 
evacuation or from extraordinary circumstances, the maximum allowable 
is $100,000.
    4. Delegation of Authority. The Solicitor of Labor is hereby 
authorized to exercise, execute, and perform all powers, authority, and 
functions conferred on the Secretary of Labor under the statutes 
referred to above, including the preparation and promulgation of 
regulations governing the processing of claims filed under such 
statutes.
    5. Redelegation of Authority. The authority and responsibility 
herein delegated to the Solicitor of Labor may be redelegated. See 
generally 29 CFR Part 15.
    6. Reservation of Authority. The following functions are reserved 
to the Secretary:
    A. No delegation of authority or assignment of responsibility under 
this Order will be deemed to affect the Secretary's authority to 
continue to exercise or further delegate such authority or 
responsibility.
    B. The submission of reports and recommendations to the President 
and Congress concerning the administration of the statutory provisions 
and executive orders listed above is reserved to the Secretary.
    7. Effective Date. This Order will be effective when signed.

    Dated: December 19, 2005.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 05-24590 Filed 12-28-05; 8:45 am]
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