Administrative Claims Under the Federal Tort Claims Act; Delegation of Authority, 10266 [2020-02763]

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• Department of Justice

[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Rules and Regulations]
[Page 10266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02763]



[[Page 10265]]

Vol. 85

Friday,

No. 35

February 21, 2020

Part II





Department of Justice





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28 CFR Part 14





Administrative Claims; Final Rules

Federal Register / Vol. 85 , No. 35 / Friday, February 21, 2020 / 
Rules and Regulations

[[Page 10266]]


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DEPARTMENT OF JUSTICE

28 CFR Part 14

[Docket No. CIV 156]


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 Defense 
to settle administrative tort claims presented pursuant to the Federal 
Tort Claims Act where the amount of the settlement does not exceed 
$500,000. 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 Code of Federal Regulations to 
provide a permanent record of this Delegation.

DATES: This rule is effective on March 23, 2020.

FOR FURTHER INFORMATION CONTACT: James G. Touhey, Jr., Director, Torts 
Branch, Civil Division, Department of Justice, Washington, DC 20530, 
(202) 616-4400.

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 
Defense. As such, this rule is a rule of agency organization, 
procedure, and practice that is limited to matters of agency management 
and personnel. Accordingly, this rule is exempt from the requirements 
of 5 U.S.C. 553(b) of prior notice and comment and is made effective 
without prior notice and public comment. In accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), the Assistant Attorney 
General for the Civil Division has reviewed this rule, and by approving 
it certifies that this rule will not have a significant economic impact 
on a substantial number of small entities. This rule has been drafted 
and reviewed in accordance with section 1(b) of Executive Order 12866. 
This rule is limited to agency organization, management, or personnel 
matters, under section 3(d)(3) of Executive Order 12866. The Assistant 
Attorney General for the Civil Division has determined that this rule 
is not a ``significant regulatory action'' under section 3(f) of 
Executive Order 12866 and accordingly this rule has not been reviewed 
by the Office of Management and Budget.
    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, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment. This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice 
Reform.'' 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 deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.
    Finally, this action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of non-agency parties and, accordingly, is not a ``rule'' 
as that term is used by the Congressional Review Act, 5 U.S.C. 
804(3)(B). Therefore, the reporting requirement of 5 U.S.C. 801 does 
not apply.

List of Subjects in 28 CFR Part 14

    Authority delegations (government agencies), Claims.

    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 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, and 2672.


0
2. The appendix to part 14 is amended by designating the appendix as 
appendix A to part 14 and revising the entry ``Delegation of Authority 
to the Secretary of Defense'' to read as follows:

Appendix A to Part 14--Delegations of Settlement Authority

* * * * *

Delegation of Authority to the Secretary of Defense

Section 1. Authority To Compromise Tort Claims

    (a) The Secretary of Defense shall have the authority to adjust, 
determine, compromise, and settle a claim involving the Department 
of Defense 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 $500,000. When the Secretary believes a pending 
administrative claim presents a novel question of law or of policy, 
the Secretary shall obtain the advice of the Assistant Attorney 
General in charge of the Civil Division.
    (b) The Secretary may redelegate, in writing, the settlement 
authority delegated under this section.

Section 2. Memorandum

    Whenever the Secretary of Defense settles any administrative 
claim pursuant to the authority granted by section 1 for an amount 
in excess of $200,000 and within the amount delegated under section 
1, a memorandum fully explaining the basis for the action taken 
shall be executed. A copy of this memorandum shall be sent 
contemporaneously to the Director, FTCA Staff, Torts Branch of the 
Civil Division.
* * * * *

    Dated: January 31, 2020.
Joseph H. Hunt,
 Assistant Attorney General, Civil Division.
[FR Doc. 2020-02763 Filed 2-20-20; 8:45 am]
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