[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR638.526]

[Page 345-346]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 638--JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents
 
                      Subpart E--Center Operations
 
Sec. 638.526  Tort and other claims.

    (a) Students shall be considered federal employees for purposes of 
the Tort Claims Act (28 U.S.C. 2671 et seq.). (Section 436(a)(3)). In 
the event a student is alleged to be involved in the damage, loss, or 
destruction of the property of others, or of causing personal injury to 
or the death of other individual(s), claims may be filed with the Center 
Director by the owner(s) of the property, the injured person(s), or by a 
duly authorized agent or legal representative of the claimant. The 
Center Director shall collect all of the facts, including accident and 
medical reports and the names and addresses of witnesses, and submit the 
claim for a decision to the DOL Regional Solicitor's Office. All tort 
claims for $25,000 or more shall be sent to the Associate Solicitor for 
Employee Benefits, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210.
    (b) Whenever there is loss or damage to persons or property, which 
is believed to have resulted from operation of a Job Corps center and to 
be a proper charge against the Federal Government, a claim for such 
damage may be submitted by the owner(s) of the property, the injured 
person(s), or by a duly authorized agent or legal representative of the 
claimant to the Regional Solicitor, who shall determine if the claim is 
cognizable under the Tort Claims Act. Claims shall be filed no later 
than two years from the date of such loss or damage. If it is determined 
not to be cognizable, the Regional Solicitor shall consider the facts 
and may settle the claim pursuant to section 436(b) of the Act in an 
amount not to exceed $1,500.
    (c) The Job Corps may pay claims to students for lost, damaged, or 
stolen property, up to a maximum set by the

[[Page 346]]

Job Corps Director when such loss is not due to the negligence of the 
student. Students shall file claims no later than two years from the 
date of such loss. Students shall be compensated for losses when they 
are the result of a natural disaster or when the student's property is 
in the protective custody of the Job Corps, which shall be the case when 
the student is AWOL. The Job Corps Director shall provide for claims to 
be filed with regional offices for a determination on the claim. The 
regional office shall promptly notify the student and the center of its 
determination.