Rule2022-22559
Delegated Authority to Settle Federal Tort Claims Act Administrative Tort Claims
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 20, 2022
Effective
October 20, 2022
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is amending its regulation governing delegated authority to settle administrative tort claims pursuant to the Federal Tort Claims Act (FTCA) to $500,000. This regulation also amends the delegated authority to the Veterans Health Administration (VHA) to $5,000 to settle non-medical malpractice claims pursuant to the FTCA.
Full Text
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<title>Federal Register, Volume 87 Issue 202 (Thursday, October 20, 2022)</title>
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[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63695-63696]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22559]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 14
[2900-AR72]
Delegated Authority to Settle Federal Tort Claims Act
Administrative Tort Claims
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulation governing delegated authority to settle administrative tort
claims pursuant to the Federal Tort Claims Act (FTCA) to $500,000. This
regulation also amends the delegated authority to the Veterans Health
Administration (VHA) to $5,000 to settle non-medical malpractice claims
pursuant to the FTCA.
DATES: Effective date: This rule is effective October 20, 2022.
Applicability date: The provisions of this final rule shall apply
to all VA FTCA settlements on or after the date of publication of this
final rule in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Michael Newman, Chief Counsel, Office
of the General Counsel (021), Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC 20420, (202) 461-4900. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION: Title 28 of the Code of Federal Regulations,
chapter 1, governs the Department of Justice (DOJ) and part 14 covers
administration of claims under the Federal Tort Claims Act. The
regulations in 28 CFR part 14, appendix A, Delegations of Settlement
Authority, were amended by DOJ effective March 23, 2020 (85 FR 10267).
The amendment increases the authority delegated to the Secretary of
Veterans Affairs to settle administrative tort claims where the amount
of settlement does not exceed $500,000. Previously delegated authority
was limited to claims not exceeding $300,000. Presently, 38 CFR 14.600
reflects the delegated authority prior to March 23, 2020, which no
longer applies to the Secretary's delegated authority. As a result of
the DOJ delegation increasing the Secretary's settlement authority
under the FTCA, 38 CFR 14.600 no longer accurately reflects the
settlement authority of the General Counsel, Deputy General Counsel,
and Chief Counsel, Torts Law Group or those authorized to act for them.
Therefore 38 CFR 14.600 is amended to reflect this increase in
delegated settlement authority.
In addition, effective May 21, 2020, VHA Directive 1093, Delegation
of Authority to Process Tort Claims, was revised to increase delegated
settlement authority for VISN and VA medical facility Directors. The
Directive allows resolution of non-medical malpractice (personal injury
or property damage) claims (``small claims'') asserting damages of
$5,000 or less to be settled within the Directors' authority.
Presently, 38 CFR 14.600 reflects the maximum delegated authority to
the Directors as $2,500. Therefore 38 CFR 14.600 is amended to reflect
this increase in VHA's delegated settlement authority.
Administrative Procedure Act
This final rule is a procedural rule that does not impose new
rights, duties, or obligations on affected individuals but, rather,
eliminates duplicate filings under the statutory requirement that
agents and attorneys file a copy of a fee agreement ``with the
Secretary.'' See 38 U.S.C. 5904(c)(2). Therefore, it is exempt from the
prior notice-and-comment and delayed-effective-date requirements of 5
U.S.C. 553. See 5 U.S.C. 553(b)(A) and (d)(3). This rule merely
acknowledges settlement authority increases of: (1) VA to settle FTCA
administrative claims without DOJ approval; and (2) VHA to settle small
claims.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Regulatory Flexibility Act
The initial and final regulatory flexibility analyses requirements
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C.
601-612, are not applicable to this rule, because a notice of proposed
rulemaking is not required for this rule. Even so, the Secretary hereby
certifies that this final rule will not have a significant economic
impact on a substantial number of small entities as they are defined in
the Regulatory Flexibility Act. At a minimum, this rule will affect
only: (1) Office of General Counsel (OGC) attorneys and paralegals
settling FTCA administrative claims; and (2) VHA employees settling
small claims. However, it will not have a significant economic impact
on these individuals, as it will result in decreased involvement of DOJ
and OGC. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is
exempt from the initial and final regulatory flexibility
[[Page 63696]]
analysis requirements of sections 603 and 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
The Office of Information and Regulatory Affairs has determined that
this rule is not a significant regulatory action under Executive Order
12866. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Assistance Listing
There are no Assistance Listing numbers and titles for the programs
affected by this document.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule will have no such effect on
State, local, and tribal governments, or on the private sector.
List of Subjects in 38 CFR Part 14
Administrative practice and procedure, Claims, Courts, Foreign
relations, Government employees, Lawyers, Legal services, Organization
and functions (Government agencies), Reporting and recordkeeping
requirements, Surety bonds, Trusts and trustees, Veterans.
Signing Authority:
Denis McDonough, Secretary of Veterans Affairs, approved this
document on October 11, 2022, and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
General Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, the Department of Veterans
Affairs amends 38 CFR part 14 as follows:
PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS
0
1. The authority citation for part 14 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 2671-2680; 38 U.S.C. 501(a),
512, 515, 5502, 5901-5905; 28 CFR part 14, appendix to part 14,
unless otherwise noted.
0
2. Amend Sec. 14.600 by revising paragraphs (c)(1), (2), and (3) and
(d)(1) and (2) and the parenthetical authority citation at the end of
the section to read as follows:
Sec. 14.600 Federal Tort Claims Act--general.
* * * * *
(c) * * *
(1) To the Under Secretary for Health, the Deputy Under Secretary
for Health, Veterans Integrated Service Network (VISN) Directors, and
VA Medical Facility Directors; with respect to any non-medical
malpractice claim for $5,000 or less that arises out of the operations
of the Veterans Health Administration.
(2) To the General Counsel, Deputy General Counsel, and Chief
Counsel, Torts Law Group or those authorized to act for them with
respect to any claim; provided that any award, compromise, or
settlement in excess of $500,000 shall be effected only with the prior
written approval of the Attorney General or his or her designee;
provided further that whenever a settlement is effected in an amount in
excess of $200,000 a memorandum fully explaining the basis for the
action taken shall be sent to the Department of Justice.
(3) To the General Counsel, Deputy General Counsel, and Chief
Counsel, Torts Law Group or those authorized to act for them with
respect to any claim, provided that:
(i) Any award, compromise, or settlement in excess of $300,000 but
not more than $500,000 shall be effected only with the prior written
approval of the General Counsel, Deputy General Counsel, or Chief
Counsel, Torts Law Group; provided further that whenever a settlement
is effected in an amount in excess of $200,000, a memorandum fully
explaining the basis for the action taken shall be sent to the
Department of Justice; and
(ii) Any award where, for any reason, the compromise of a
particular claim, as a practical matter, will, or may control the
disposition of a related claim in which the amount to be paid may
exceed $300,000 shall be effected only with the prior written approval
of the General Counsel, Deputy General Counsel, or Chief Counsel, Torts
Law Group; and
(iii) Any award, compromise, or settlement in excess of $500,000
shall be effected only with the prior written approval of the General
Counsel, Deputy General Counsel, or Chief Counsel, Torts Law Group; and
with the prior written approval of the Attorney General or his or her
designee.
(d) * * *
(1) To the Torts Law Group, with respect to any claim for $5,000 or
less that arises out of the operations of the Veterans Health
Administration.
(2) To the General Counsel, Deputy General Counsel, and Chief
Counsel, Torts Law Group with respect to any claim; provided that any
award, compromise, or settlement in excess of $500,000 shall be
effected only with the prior written approval of the Attorney General
or his or her designee; provided further that whenever a settlement is
effected in an amount in excess of $200,000, a memorandum fully
explaining the basis for the action taken shall be sent to the
Department of Justice.
(Authority: 28 U.S.C. 1291, 1346, 1402, 2401, 2402, 2411, 2412,
2671-80; 38 U.S.C. 512, 515; 28 CFR part 14, appendix to part 14)
[FR Doc. 2022-22559 Filed 10-19-22; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on October 20, 2022.
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