Federal Tort Claims Act

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Program Statement 1320.07 at a glance

Field	Value
Program Statement	1320.07
Subject	Federal Tort Claims Act
Effective / current edition date	August 1, 2024
Change notice	None — the August 1, 2024 edition carries no change notice in its header block
Supersedes / rescinds	P1320.06, Federal Tort Claims Act (8/1/2003)
Governing statute	28 U.S.C. § 1346(b); 28 U.S.C. §§ 2671–2680; 28 U.S.C. § 2401(b)
Governing regulation (28 C.F.R.)	Part 543, subpart C — §§ 543.30, 543.31, 543.32; §§ 14.1–14.11 (the Department of Justice’s general FTCA claim rules)
Related forms	SF-95, Claim for Damage, Injury, or Death — a General Services Administration standard form, not a BP form. The Program Statement directs staff to provide it and says it is available in the GSA Forms Library
Official PDF	Program Statement 1320.07 (8 pp.)

Checked against the BOP policy set · 2026-09-06.

Program Statement 1320.07 is the Bureau of Prisons’ internal instruction for handling an administrative tort claim — a written demand for money damages made against the United States by someone who says a federal employee’s negligence injured them or damaged their property. It tells staff which office receives the claim, who investigates it, and how much a Bureau lawyer can settle for without asking Washington.

This page explains how that administrative claim process works and what the deadlines are. It is general information about the process only; our prison tort claims page covers the practical side — what a claim looks like in real life, what the Bureau typically does with one, and what the process feels like from inside. Elizabeth Franklin-Best, P.C. is a federal criminal defense and post-conviction practice. A tort claim is a civil money claim against the United States, and anyone who wants to pursue one should speak with a lawyer who handles Federal Tort Claims Act litigation.

The rule itself: the deadlines, the required contents, and the dollar limits

The heart of this Program Statement is a set of numbers — two deadlines, two required elements, and four dollar thresholds. Everything else in the eight pages is internal investigative process. Two of the deadlines come from the statute, not the policy, and the statutory ones are the ones that end a claim.

The two deadlines that end a claim

Requirement	The figure	Where it comes from
Present the claim to the agency	“within two years after such claim accrues”	28 U.S.C. § 2401(b): “A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues…”
Sue after a denial	“within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented”	28 U.S.C. § 2401(b)
Agency silence	“The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section.”	28 U.S.C. § 2675(a)
No suit before presentment	“An action shall not be instituted upon a claim against the United States for money damages … unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail.”	28 U.S.C. § 2675(a)
Damages ceiling in the later suit	“Action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim … or upon allegation and proof of intervening facts, relating to the amount of the claim.”	28 U.S.C. § 2675(b)

A note on where the clock actually lives. The Program Statement and everyday practice both say “the FTCA deadline,” and the FTCA’s operative provisions sit at 28 U.S.C. §§ 2671–2680. The two-year and six-month periods are not in that range. They are in 28 U.S.C. § 2401(b), in Title 28, chapter 161 — “Time for commencing action against United States.” The Program Statement gets this right and cites § 2401(b) separately in its references at page 8. Anyone reading only §§ 2671–2680 will not find the deadline.

What the claim must contain

The Program Statement directs that “[a] claim may be filed without a SF-95, Claim for Damage, Injury, or Death form. However, the claimant should provide all the following information”:

Element	Status
Date of incident	Should provide
Place where the incident occurred	Should provide
Explanation of events	Should provide
Names of witnesses	Should provide
Description of injury or property loss	Should provide
Date of claim	Should provide
Sum certain claimed	“(required)”
Claimant’s signature	“(required)”

Source: PS 1320.07 at pp. 3–4.

Only those last two are absolute, and the Program Statement says why: “The Bureau may reject or not accept a claim only if a claimant or representative (1) fails to sign the administrative claim, or (2) fails to provide a sum certain for damages. Claims that are unclear, illegible, or lack allegations of federal involvement should be denied instead of rejected.” PS 1320.07 at p. 5. The distinction between rejected and denied is not academic: a denial starts the six-month clock to sue; a rejection is a return for resubmission and starts nothing.

The settlement-authority thresholds

Threshold	What the Program Statement states	Page
Director’s delegated authority	“The Director of the Federal Bureau of Prisons (Bureau) is authorized to settle administrative tort claims that do not exceed $50,000 under 28 C.F.R. § 0.172. The Director has redelegated this authority to the General Counsel under 28 C.F.R. § 0.96 and 0.97, who has redelegated the authority to the Regional Counsels and the Associate General Counsel, Litigation Branch.”	p. 2
Regional Counsel and Litigation Branch	“The Regional Counsel and the Associate General Counsel, Litigation Branch, have settlement authority up to $50,000, except for claims involving a significant event.”	p. 7
Above $50,000 — internal step	“If a settlement agreement will likely exceed $50,000, Counsel must request settlement authority from the General Counsel before negotiating a settlement amount.”	p. 7
Above $50,000 — Department step	“If a settlement agreement is then reached that exceeds $50,000, the General Counsel must submit the agreement to the Torts Branch, Civil Division, U.S. Department of Justice, for final approval. The Torts Branch will not consider requests for settlement authority without a final settlement agreement signed by the claimant and claimant’s attorney if claimant is represented.”	p. 7
Payment over $2,500	“Settlement of claims over $2,500 will be forwarded to the Judgment Fund Branch, Bureau of the Fiscal Service, U.S. Department of the Treasury, for payment.”	p. 7
Payment of $2,500 or less	“Payment of claims for $2,500 or less will be paid from institution funds of the institution where the claim arose.”	p. 7

Source: PS 1320.07 at pp. 2, 7.

Where the claim goes

The regulation, not the policy, controls this, and it is specific. 28 C.F.R. § 543.31(c) provides: “You may either mail or deliver the claim to the regional office in the region where the loss or injury occurred. If the loss or injury occurred in the Central Office, you may either mail or deliver the claim to the Office of General Counsel, Central Office.”

The Program Statement adds the operational consequence at page 4: “Institution employees will not accept claims submitted at institutions but will transfer the claims to the correct Regional Office or the Central Office, depending on where the loss or injury occurred.” Handing a claim to a counselor is therefore not presentment. What saves a misdirected claim is the presentment-date rule at page 5: “A claim that is transferred to another Bureau office will be considered filed with that office when the claim was received by the first appropriate agency office,” and the Program Statement works a five-agency example to show that the operative date is the first receipt by the correct agency — the Department of Justice — not the first receipt by the correct office.

What the FTCA does not cover

Category	Where it goes instead
Inmate work-related injury	“Inmate work-related claims are not compensable under the FTCA’s provisions. Such claims should be processed under the Inmate Accident Compensation Act, 28 C.F.R. §§ 301.301 to .318.” (PS 1320.07 at p. 1)
Damage to or loss of an inmate’s privately owned property	“Claims for damage to, or loss of, an inmate’s privately owned property is considered for settlement under 31 U.S.C. § 3723.” (PS 1320.07 at p. 3) — see Inmate Property Claims
Discretionary decisions	28 U.S.C. § 2680(a) excludes “[a]ny claim based upon … the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.”
Most intentional torts	28 U.S.C. § 2680(h) excludes “[a]ny claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights” — with a proviso that the FTCA does apply to assault, battery, false imprisonment, false arrest, abuse of process and malicious prosecution “with regard to acts or omissions of investigative or law enforcement officers of the United States Government,” defined as “any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.”

What the Federal Tort Claims Act means for you

If you are the person inside: the two-year clock

The two-year clock is the thing to protect. 28 U.S.C. § 2401(b) says a tort claim “shall be forever barred” unless presented within two years after it accrues, and no warden, counselor or unit team can extend that. Ask staff for the SF-95 — the Program Statement directs that “[e]mployees will provide a SF-95, Claim for Damage, Injury, or Death form” and that “[i]nmates should obtain forms from employees at the institution where they are incarcerated” — and if a form is unavailable, write the claim out and include the eight elements listed above, with a dollar figure and your signature.

Two things people get wrong. First, the claim is not filed at the institution. It goes to the Regional Office for the region where the injury happened (or the Central Office if it happened there); institution staff will forward it, but the safer course is to address it correctly yourself. Second, an administrative tort claim and a BP-9 administrative remedy are different things filed with different offices on different deadlines. 28 C.F.R. § 542.10 says so expressly, carving tort claims out of the Administrative Remedy Program and routing them to “28 CFR part 543, subpart C.” Filing one does not preserve the other.

If you are a family member: who may file a claim

You cannot file a claim in your own name for someone else’s injury unless you are the injured person or the owner of the damaged property, or you have written authorization. 28 C.F.R. § 543.31(a) provides: “You may file a claim if you are the injured person or the owner of the damaged or lost property. A person acting on your behalf as an agent, executor, administrator, parent, guardian, or other representative may file a claim for you if the person provides a written statement signed by you giving that person permission to act for you. A representative may also file a claim for wrongful death.”

Note the correspondence rule in the same subsection: “If you hire a lawyer or authorize a representative to act on your behalf, the agency will correspond only with that representative, and will not continue to correspond with you.” So once a lawyer is on the claim, the agency’s letters stop going to the person inside — which matters, because the six-month deadline runs from the mailing of a denial letter that may never physically reach the housing unit.

What families can practically do is gather and preserve. Medical records, photographs, names of witnesses before they transfer, and the incident documentation from the institution. Records access runs through PS 1351.05, and the two-year clock does not pause while you gather.

If you are counsel: tort claims

If you represent someone in a federal criminal or post-conviction matter and a tort claim is in the background, three points of intersection matter. First, the deadlines are unforgiving and independent of anything in your case: two years to present, six months from the mailing of a denial to sue. Second, 28 C.F.R. § 543.32(g) provides that “[i]f you accept a settlement, 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” — a client who signs a small institutional settlement may be releasing more than they realize. Third, the FTCA’s judgment bar and the § 2680 exceptions do real work in the prison context, and the discretionary-function exception in § 2680(a) is where most conditions-of-confinement claims are litigated.

The foundational authority is still United States v. Muniz, 374 U.S. 150 (1963), where the Supreme Court held that a person “can sue under the Federal Tort Claims Act to recover damages from the United States Government for personal injuries sustained during confinement in a federal prison, by reason of the negligence of a government employee,” and that “[n]one of the exceptions precludes suit against the Government by federal prisoners for injuries sustained in prison.” Muniz also fixed the source of the duty: “the duty of care owed by the Bureau of Prisons to federal prisoners is fixed by 18 U.S.C. § 4042, independent of an inconsistent state rule.” Section 4042(a)(2)–(3) directs the Bureau to “provide suitable quarters and provide for the safekeeping, care, and subsistence” of people in its custody and to “provide for the protection, instruction, and discipline” of them. Whether any of that produces a viable claim on particular facts is a question for a lawyer who litigates FTCA cases; this firm’s practice is federal criminal defense, appeals and post-conviction relief.

What changed in the 2024 tort claims reissue

The August 1, 2024 edition replaced a policy that had stood for twenty-one years. PS 1320.07 rescinded P1320.06, Federal Tort Claims Act (8/1/2003). The Bureau’s Summary of Changes at page 2 lists seven revisions. Four of them are the ones a claimant will feel:

• It “[p]rovides more details regarding the delegation of authority to settle administrative tort claims” — the $50,000 figure and the escalation path to the Torts Branch.
• It “[a]dds guidance claims regarding inmates’ privately owned property will be considered for settlement under 31 U.S.C. § 3723,” and correspondingly “[r]emoves the reference to the depreciation guidelines because inmate property claims will be processed under 31 U.S.C. § 3723.”
• It “[p]rovides guidance the Bureau may reject a claim only if a claimant or representative fails to sign the administrative claim or fails to provide a sum certain for damages.” That is the narrowing that produced the reject-versus-deny distinction above.
• It “[a]dds guidance regarding what denial letters should include and how they should be sent” — hence the direction at page 7 that “[a]ll denial letters must be sent via certified or registered mail” and must state the six-month suit deadline.

The regulation moved again after the Program Statement issued, and the two no longer match. 28 C.F.R. § 543.32 was amended at 89 FR 101882, effective December 17, 2024 — four and a half months after this Program Statement took effect. The current regulation’s response-timeline provision reads: “If you have not received a letter denying your claim within six months after the date your claim was presented, you may deem the absence of a response to your claim as a denial.” The Program Statement at page 7 still prints the older formulation: “If you have not received a letter either proposing a settlement or denying your claim within six months after the date your claim was presented, you may assume the claim is denied.” The regulation binds; the Program Statement has not caught up. A pending settlement offer no longer stops the deemed denial under the regulation’s current wording.

One cross-reference in the Program Statement is now stale. PS 1320.07 lists “P5580.09 Inmate Property Claims (3/20/2018)” in its references at page 8. That policy has since been replaced by PS 5581.01, Inmate Property Claims, dated May 7, 2026 — see our inmate property claims page. Anyone following the Program Statement’s reference list to a property claim will land on a superseded number.

Where people get stuck presenting a tort claim

Filing at the institution and calling it presented

The single most common error. 28 C.F.R. § 543.31(c) sends the claim to the Regional Office for the region where the loss or injury occurred, and the Program Statement states flatly that “[i]nstitution employees will not accept claims submitted at institutions.” A claim handed to a counselor is in transit, not presented. The saving rule is that a transferred claim “will be considered filed with that office when the claim was received by the first appropriate agency office” — but proving that receipt date, from inside, months later, is the problem. Address it to the Regional Office yourself, keep a copy, and use a mailing method that produces a record.

Confusing the tort claim with the BP-9

They are separate systems with separate deadlines, and 28 C.F.R. § 542.10 says so: the Administrative Remedy Program does not cover tort claims, because “[t]here are statutorily-mandated procedures in place for tort claims (28 CFR part 543, subpart C).” A BP-9 filed within 20 calendar days under § 542.14 does nothing for the two-year tort deadline, and a tort claim does nothing to exhaust an administrative remedy. Where the same incident raises both a money claim and a conditions complaint — a medical failure, a use of force, lost property — the two tracks have to be run in parallel. See Administrative Remedy Program for the remedy side.

Leaving out the sum certain

The Program Statement narrows the Bureau’s rejection power to exactly two defects, and a missing dollar figure is one of them. A claim that describes an injury vividly but never states a number can be returned rather than decided — and a return is not a denial, so nothing starts running and the two-year clock keeps going. State a specific total. Under 28 U.S.C. § 2675(b) a later suit cannot exceed the sum presented except on newly discovered evidence or proof of intervening facts, so the figure needs thought before it is written down.

Missing the denial letter, and with it the six-month window

Denial letters go by certified or registered mail and must state the six-month deadline. But mail moves slowly inside an institution, people transfer, and — under 28 C.F.R. § 543.31(a) — once a representative is on the claim the agency corresponds only with the representative. Meanwhile the Program Statement at page 4 puts an affirmative duty on the claimant: “An inmate must inform the Bureau office that is processing their claim when they are transferred to another institution or released from custody,” and “you must inform the agency of any changes in your address.” Update the address in writing every time you move, and keep the claim number the acknowledgment letter assigns, because the six-month period under § 2401(b) runs from the date of mailing — not from the date the letter reaches the housing unit.

Related BOP policy on tort claims

Page	What it covers
Prison tort claims	The practical side: what an administrative tort claim looks like in real life and what happens to one inside the Bureau
Administrative Remedy Program (PS 1330.18)	The BP-8 → BP-9 → BP-10 → BP-11 route, which is a separate system from a tort claim
Inmate Property Claims (PS 5581.01)	Claims for damage to or loss of privately owned property under 31 U.S.C. § 3723 — not the FTCA
Inmate Personal Property (PS 5580.10)	What property may be possessed and how it is inventoried, which is where most property disputes begin
Patient Care (PS 6031.06)	Clinical care standards and the medical records a medical-negligence claim would be built from
Use of Force and Restraints (PS 5566.07)	The policy behind incidents that raise the § 2680(h) law-enforcement-officer proviso
Inmate Request to Staff (PS 5511.08)	The cop-out, BP-A0148 — how to ask for a form or a record in writing
FOIA and Privacy Act Requests (PS 1351.05)	Getting medical records, incident reports and other documentation

Frequently Asked Questions About the Federal Tort Claims Act

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Program Statement 1320.07 — full text

What follows is the Bureau’s own text, reproduced in full from its published PDF — nothing summarized, nothing cut. The official version is posted by the Bureau here: PS 1320.07 (PDF).

U.S. Department of Justice Federal Bureau of Prisons

PROGRAM STATEMENT

OPI OGC/LIT

NUMBER 1320.07

DATE August 1, 2024

Federal Tort Claims Act

/s/ Approved: Colette S. Peters Director, Federal Bureau of Prisons

1. § 543.30 Purpose and scope.

Pursuant to the Federal Tort Claims Act, a claim for money damages for personal injury or death and/or damage to or loss of property must be filed against the United States by the injured party with the appropriate Federal agency for administrative action. General provisions for processing administrative claims under the Federal Tort Claims Act are contained in 28 CFR part 14. The provisions in this subpart describe the procedures to follow when filing an administrative tort claim with the Bureau of Prisons.

Under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b) and 28 U.S.C. § § 2671-2680, the Government may be liable for the negligent or wrongful acts or omissions of its employees while acting within the scope of their employment.

Inmate work-related claims are not compensable under the FTCA’s provisions. Such claims should be processed under the Inmate Accident Compensation Act, 28 C.F.R. §§ 301.301 to .318.

Most Federal employee work-related claims are also not paid under the FTCA’s provisions. Work-related personal injury or death claims are processed under the Federal Employees’ Compensation Act (FECA), 5 U.S.C. §§ 8101 – 8193. Please see Program Statement, Workers’ Compensation Program for more information. Work-related personal property claims are processed under 31 U.S.C. § 3721, commonly known as The Military Personnel and Civilian Employees Claims Act (CECA), or under 31 U.S.C. § 3722, commonly known as the Bureau of Prisons Claims Act (BOPCA), unless the claim involves government negligence. For more information, please reference the Program Statement, Staff Personal Property Claims.

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a. Summary of Changes

Policy Rescinded

• Provides more details regarding the delegation of authority to settle administrative tort claims.
• Adds guidance claims regarding inmates’ privately owned property will be considered for settlement under 31 U.S.C. § 3723.
• Provides guidance the Bureau may reject a claim only if a claimant or representative fails to sign the administrative claim or fails to provide a sum certain for damages.
• Specifies the Associate General Counsel, Litigation Branch, will investigate and propose settlement of Central Office tort claims within the delegated authority.
• Removes the reference to the depreciation guidelines because inmate property claims will be processed under 31 U.S.C. § 3723.
• Adds guidance regarding what denial letters should include and how they should be sent.
• Adds guidance regarding the process of requesting settlement authority and approving administrative tort claim settlements.
• For the purposes of this Program Statement, the term “employee” is used in black implementing text and is intended to have the same meaning as the term “staff” used in blue regulatory text. The terms “staff” and “staff member (s)” have been replaced with the term “employee (s)” throughout the black implementing text.

b. Program Objective. The expected result of this program is:

Appropriate compensation will be made under the FTCA if individuals suffer proven monetary loss, personal injury, or wrongful death caused by an employee’s negligent or wrongful act or omission, while the employee is acting within the scope of their employment.

c. Institution Supplement. Required. Each institution will develop an Institution Supplement detailing procedures for conducting investigations under Section 4.c.

2. DELEGATION OF AUTHORITY

The Director of the Federal Bureau of Prisons (Bureau) is authorized to settle administrative tort claims that do not exceed $50,000 under 28 C.F.R. § 0.172. The Director has redelegated this authority to the General Counsel under 28 C.F.R. § 0.96 and 0.97, who has redelegated the authority to the Regional Counsels and the Associate General Counsel, Litigation Branch.

3. § 543.31 Presenting a claim.

(a) Claimant. You may file a claim if you are the injured person or the owner of the damaged or lost property. A person acting on your behalf as an agent, executor, administrator, parent, guardian, or other representative may file a claim for you if the person provides a written statement signed by you giving that person permission to act for you. A representative may also file a claim for wrongful death. If you hire a lawyer or authorize a representative to act on your behalf, the agency will correspond only with that representative, and will not continue to correspond with you.

A claim may be filed by any individual (e.g., inmate, employee, visitor, or private citizen). You must file a claim within two years after your claim arises under 28 U.S.C. § 2401(b). Should a settlement offer be made, the voucher will contain both your name and the name of your representative, if applicable.

Regional Counsel employees track all claims that are filed properly within their regions.

Claims are closed after they are either settled, denied, rejected, or transferred to another agency pursuant to 28 C.F.R. § 14.2.

Claims for damage to, or loss of, an inmate’s privately owned property is considered for settlement under 31 U.S.C. § 3723. Please see Program Statement, Inmate Property Claims for more information.

(b) Claim form. You may obtain a form from staff in the Central Office, Regional Offices, Bureau institutions, or staff training centers.

Employees will provide a SF-95, Claim for Damage, Injury, or Death form, which is available on the public U.S. General Services Administration (GSA) website in the GSA Forms Library and on the Employee Resources page of the Bureau intranet.

A claim may be filed without a SF-95, Claim for Damage, Injury, or Death form. However, the claimant should provide all the following information:

• date of incident
• place where the incident occurred
• explanation of events
• names of witnesses
• description of injury or property loss
• date of claim

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• sum certain claimed (required)
• claimant’s signature (required)

Inmates should obtain forms from employees at the institution where they are incarcerated.

(c) Presenting a claim. You may either mail or deliver the claim to the regional office in the region where the loss or injury occurred. If the loss or injury occurred in the Central Office, you may either mail or deliver the claim to the Office of General Counsel, Central Office. A list of addresses for all the Bureau institutions and offices can be found at www.bop.gov.

Institution employees will not accept claims submitted at institutions but will transfer the claims to the correct Regional Office or the Central Office, depending on where the loss or injury occurred.

If a claim is submitted to the Bureau in error, employees will forward it to the proper agency or return it to the claimant if the agency cannot be identified. Please note, the term “agency” includes executive departments, judicial and legislative branches, military departments, and independent establishments of the United States.

Claims that are transferred to another agency will not be accepted or denied by the Bureau.

4. § 543.32 Processing the claim.

(a) Receipt of acknowledgment letters. If you have presented a claim signed by you or a duly authorized agent or legal representative that provides all the necessary information (such as time, date, and place where the incident occurred, and a specific sum of money you are requesting as damages), you will receive an acknowledgment letter indicating the presentment date and a claim number. If your submission is unsigned, or signed by a person without legal authority to present the claim on your behalf, or you fail to provide all necessary information, your submission will be rejected and returned to you for resubmission. The presentment date is the date your submission containing all required signatures and necessary information is first received by either the Department of Justice or an office of the Bureau of Prisons. You should refer to your claim number in all further correspondence with the agency. Additionally, you must inform the agency of any changes in your address.

An inmate must inform the Bureau office that is processing their claim when they are transferred to another institution or released from custody.

Regional Counsel and Office of General Counsel employees will date-stamp all claims on the date they are received whether or not the claims are received in the proper office.

A claim that is transferred to another Bureau office will be considered filed with that office when the claim was received by the first appropriate agency office.

For example, if a claim is received by the Department of Energy on October 12, then transferred to the Department of Justice on October 19, then transferred to the Central Office, Bureau of Prisons, on October 24, then transferred to a regional office on November 1, the proper date the claim is received would be October 19.

The Bureau may reject or not accept a claim only if a claimant or representative (1) fails to sign the administrative claim, or (2) fails to provide a sum certain for damages. Claims that are unclear, illegible, or lack allegations of federal involvement should be denied instead of rejected.

(b) Transfer of claims. If your claim is improperly submitted to the wrong office or agency, you will be notified by the responsible office that your claim was transferred to another regional office, the Central Office, or another agency.

(c) Investigation. The regional office ordinarily refers the claim to the appropriate institution or office for investigation. You may also be required to provide additional information during the investigation. Your failure to respond within a reasonable time may result in the denial of the claim.

(1) Institution Investigation. Claims properly filed with a regional office will be referred to the appropriate institution or office for investigation. The Warden at the institution will designate employees to investigate and prepare a report on the claim. The report, with the Warden’s recommendation(s), is then forwarded to the appropriate Regional Counsel. The Regional Counsel’s Office will track all outstanding claims until settled or denied.

Each institution will develop an Institution Supplement detailing procedures for such investigations.

The Safety Department conducts a timely investigation of motor vehicle accidents. This investigation includes documenting the condition of the site at the time of the accident and taking photographs that depict the damage accurately.

(2) Investigation Report. The report will include:

• the Claim for Damage, Injury, or Death Form or other appropriate written form of notification
• background materials, including statements of witnesses, photographs, and medical case descriptions, as necessary

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• relevant administrative remedy requests
• the Warden’s conclusions and recommendations

A sufficient number of detailed photographs must be taken to provide the reviewing offices with a clear idea of the type and extent of damage, especially in the case of motor vehicle damage.

(3) Central Office Claims. Central Office employees will investigate claims filed properly in the Central Office and provide a report to the Office of General Counsel. The Office of General Counsel will track all outstanding claims in the Central Office until a claim is settled or denied.

(4) Medical Malpractice Claims. Institution Health Services employees should review claims alleging medical malpractice or improper medical care. After this review, a clear case description must be provided, including a history of all relevant medical treatment, medications, and services rendered to the claimant. A case description should also include any relevant medical justifications for the treatment rendered.

(5) Witness Security (WITSEC) Claims. Claims filed by inmates in the WITSEC Program must be handled in the same manner as other claims, except all correspondence and the resulting investigation must be sent through the Inmate Monitoring Section, Correctional Programs Division, Central Office.

(d) Administrative claim decisionmaker. The Regional Counsel or his or her designee reviews the investigation and the supporting evidence and renders a decision on all claims properly presented to the regional office and within regional settlement authority. The Regional Counsel has limited settlement authority (up to an amount established by the Director of the Bureau of Prisons). After considering the merits of the claim, the Regional Counsel may deny or propose a settlement of the claim. The Associate General Counsel, Litigation Branch, will investigate and propose settlement for all claims properly presented in the Central Office in accordance with delegated settlement authority. If the proposed settlement exceeds the Bureau of Prisons’ authority, the General Counsel will seek approval from the appropriate Department of Justice officers.

(e) Central Office review. If the Regional Counsel recommends a proposed settlement in excess of the settlement authority, the claim will be forwarded, with a recommendation, to the Office of General Counsel, Central Office for their review.

If the Regional Counsel or the Associate General Counsel, Litigation Branch, review a claim and determine that a settlement is in the best interest of the Government, a settlement offer may be made to the claimant.

The Regional Counsel and the Associate General Counsel, Litigation Branch, have settlement authority up to $50,000, except for claims involving a significant event. If a settlement agreement will likely exceed $50,000, Counsel must request settlement authority from the General Counsel before negotiating a settlement amount. Counsel is to provide the Office of General Counsel with the complete investigation report, copies of all supporting materials, and a detailed memorandum requesting settlement authority.

If a settlement agreement is then reached that exceeds $50,000, the General Counsel must submit the agreement to the Torts Branch, Civil Division, U.S. Department of Justice, for final approval. The Torts Branch will not consider requests for settlement authority without a final settlement agreement signed by the claimant and claimant’s attorney if claimant is represented.

Settlement of claims over $2,500 will be forwarded to the Judgment Fund Branch, Bureau of the Fiscal Service, U.S. Department of the Treasury, for payment.

Payment of claims for $2,500 or less will be paid from institution funds of the institution where the claim arose.

(f) Options if claim is denied or settlement offer is unsatisfactory. If your claim is denied or you are dissatisfied with a settlement offer, you may request in writing that the Bureau of Prisons reconsider your claim in the administrative stage. You should include additional evidence of injury or loss to support your request for reconsideration. If you are dissatisfied with the final agency action, you may file suit in an appropriate United States District Court, as no further administrative action is available.

All denial letters must be sent via certified or registered mail. The denial letter must state that if the claimant is dissatisfied with the denial, they may file suit in the appropriate District Court within six months after the mailing of the denial.

(g) Acceptance of settlement. If you accept a settlement, 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.

(h) Response timeline. Generally, you will receive a decision regarding your claim within six months of when you properly present the claim. If you have not received a letter either proposing a settlement or denying your claim within six months after the date your claim was presented, you may assume the claim is denied. You may then proceed to file a lawsuit in the appropriate United States District Court.

P1320.07 8/1/2024 Federal Regulations from 28 CFR: this type. Implementing instructions: this type 8

REFERENCES

Program Statements

Other Forms SF-95, Claim for Damage, Injury, or Death

Federal Statutes 5 U.S.C. §§ 8101 – 8193, Federal Employees’ Compensation Act (FECA) 28 U.S.C. § 1346(b), United States as Defendant 28 U.S.C. §§ 2671-2680, Tort Claims Procedure 28 U.S.C. § 2401(b), Statutory Time Period 31 U.S.C. § 3723, Small claims for privately owned property damage or loss 31 U.S.C. § 3721, Claims of personnel of agencies and the District of Columbia government for personal property damage or loss, The Military Personnel and Civilian Employees Claims Act (CECA) 31 U.S.C. § 3722, Claims of officers and employees at Government penal and correction institutions, Bureau of Prisons Claims Act (BOPCA)

Federal Regulations 28 C.F.R.§§ 0.96 & 0.97, Delegation and Redelegation of authority 28 C.F.R. § 0.172, Authority: Federal tort claims 28 C.F.R. §§ 14.1 through 14.11, Administrative Claims under FTCA 28 C.F.R. § 301.301 to .318, Inmate Accident Compensation Act

ACA Standards Performance-Based Standards and Expected Practices for Adult Correctional Institutions (5th Edition): 5-ACI-1B-17, 5-ACI-3A-27, 5-ACI-5F-05 Performance-Based Standards for Adult Local Detention Facilities (4th Edition): 4-ALDF-7D-14, 4-ALDF-1B-02, 4-ALDF-5B-18

Records Retention Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet site.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026