Whether the Office of Personnel Management can be held liable under FTCA statutes

QUESTIONS PRESENTED When harm occurs and there is no resolution under current statutes and guidelines that regulate that agency, the following questions present themselves; 1) Whether the Office of Personnel Management can be held liable under FTCA statutes, in particular 28 USC 1346 or are they immune; 2) Whether the Court of Appeals for the Third Circuit correctly interpreted In OPM v Richmond 496, 414 (1990), where the Supreme Court stated that OPM does fall under FTCA rules and regulations, in denying the plaintiff's claim and stating that a particular agency, in this case OPM, cannot be a party to a suit under FTCA; 3) Whether, as a rule of law, waiting to perform one’s duty, or due diligence, to the point where harm befalls an individual constitutes negligence giving way to FTCA claims and giving Federal District Court jurisdiction. 1