[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Rules and Regulations]
[Pages 10267-10268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02765]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 14
[Docket No. CIV 158]
Administrative Claims Under the Federal Tort Claims Act;
Delegation of Authority
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This Directive delegates authority to the Secretary of
Veterans Affairs 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
Veterans Affairs. 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
[[Page 10268]]
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. Appendix A to part 14 is amended by revising the entry ``Delegation
of Authority to the Secretary of Veterans Affairs'' to read as follows:
Appendix A to Part 14--Delegations of Settlement Authority
Delegation of Authority to the Secretary of Veterans Affairs
Section 1. Authority To Compromise Tort Claims
(a) The Secretary of Veterans Affairs shall have the authority
to adjust, determine, compromise, and settle a claim involving the
Department of Veterans Affairs 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 Veterans Affairs 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. 2020-02765 Filed 2-20-20; 8:45 am]
BILLING CODE 4410-12-P