(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 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.
