(c) Forms may be obtained and claims may be filed with the office, local, regional, or headquarters, of the constituent organization having jurisdiction over the employee involved in the accident or incident, or with the Department of Health, Education, and Welfare Claims Officer, Washington, D.C. 20201. 132 F.R. 14101, Oct. 11, 1967, as amended at 35 F.R. 4517, Mar. 13, 1970]

§ 35.3 Administrative claim; who may file.

(a) A claim for injury to or loss of property may be presented by the owner of the property interest which is the subject of the claim, his duly authorized agent, or his legal representative.

(b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his legal representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent's estate or by any other person legally entitled to assert such a claim under applicable state law.

(d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the insurer or the insured individually, as their respective interests appear, jointly. Whenever an insurer presents a claim asserting the rights of a subrogee, he shall present with his claim appropriate evidence that he has the rights of a subrogee.

or

(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.

35.4 Administrative claims; evidence and information to be submitted. (a) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or information:

(1) An authenticated death certificate or other competent evidence showing cause of death, date of death, and age of the decedent.

(2) Decedent's employment or occupation at time of death, including his

monthly or yearly salary or earnings (if any), and the duration of his last employment or occupation.

(3) Full names, addresses, birth dates, kinship, and marital status of the decedent's survivors, including identification of those survivors who were dependent for support upon the decedent at the time of his death.

(4) Degree of support afforded by the decedent to each survivor dependent upon him for support at the time of his death.

(5) Decedent's general physical and mental condition before death.

(6) Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payments for such expenses.

(7) If damages for pain and suffering prior to death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain and the decedent's physical condition in the interval between injury and death.

(8) Any other evidence or information which may have a bearing on either the responsibility of the United States for the death or the damages claimed.

(b) Personal injury. In support of a claim for personal injury, including pain and suffering, the claimant may be required to submit the following evidence or information:

(1) A written report by his attending physician or dentist setting forth the nature and extent of the injury, nature and extent of treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be required to submit to a physical or mental examination by a physician employed or designated by the Department or the constituent organization. A copy of the report of the examinging physician shall be made available to the claimant upon the claimant's written request provided that claimant has, upon request, furnished the report referred to in the first sentence of this subparagraph and has made or agrees to make available to the Department or the operating agency any other physician's reports previously or thereafter made of the physical or mental condition which is the subject matter of his claim.

(2) Itemized bills for medical, dental, and hospital expenses incurred, or item

ized receipts of payment for such expenses.

(3) If the prognosis reveals the necessity for future treatment, a statement of expected duration of and expenses for such treatment.

(4) If a claim is made for loss of time from employment, a written statement from his employer showing actual time lost from employment, whether he is a full or part-time employee, and wages or salary actually lost.

(5) If a claim is made for loss of income and the claimant is self-employed, documentary evidence showing the

amount of earnings actually lost.

(6) Any other evidence or information which may have a bearing on either the responsibility of the United States for the personal injury or the damages claimed.

(c) Property damage. In support of a claim for damage to or loss of property, real or personal, the claimant may be required to submit the following evidence or information:

(1) Proof of ownership.

(2) A detailed statement of the amount claimed with respect to each item of property.

(3) An itemized receipt of payment for necessary repairs or itemized written estimates of the cost of such repairs.

(4) A statement listing date of purchase, purchase price, market value of the property as of date of damage, and salvage value, where repair is not economical.

(5) Any other evidence or information which may have a bearing either on the responsibility of the United States for the injury to or loss of property or the damages claimed.

(d) Time limit. All evidence required to be submitted by this section shall be furnished by the claimant within a reasonable time. Failure of a claimant to furnish evidence necessary to a determination of his claim within three months after a request therefor has been mailed to his last known address may be deemed an abandonment of the claim. The claim may be thereupon disallowed. § 35.5 Investigation, examination, and determination of claims.

When a claim is received, the constituent agency out of whose activities the claim arose shall make such investigation as may be necessary or appropriate for a determination of the validity of the claim and thereafter shall forward the claim, together with all pertinent mate

rial, and a recommendation based on the merits of the case, with regard to allowance or disallowance of the claim, to the Department Claims Officer to whom authority has been delegated to adjust, determine, compromise and settle all claims hereunder.

§ 35.6 Final denial of claim.

(a) Final denial of an administrative claim shall be in writing and sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the Department's action, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing of the notification.

(b) Prior to the commencement of suit and prior to the expiration of the 6-month period after the date of mailing, by certified or registered mail of notice of final denial of the claim as provided in 28 U.S.C. 2401(b), a claimant, his duly authorized agent, or legal representative, may file a written request with the Department for reconsideration of a final denial of a claim under paragraph (a) of this section. Upon the timely filing of a request for reconsideration the Department shall have 6 months from the date of filing in which to make a final disposition of the claim and the claimant's option under 28 U.S.C. 2675(a) to bring suit shall not accrue until 6 months after the filing of a request for reconsideration. Final Department action on a request for reconsideration shall be effected in accordance with the provisions of paragraph (a) of this section.

[32 F.R. 14101, Oct. 11, 1967, as amended at 35 F.R. 4517, Mar. 13, 1970]

§ 35.7 Payment of approved claims.

(a) Upon allowance of his claim, claimant or his duly authorized agent shall sign the voucher for payment, Standard Form 1145, before payment is made.

(b) When the claimant is represented by an attorney, the voucher for payment (SF 1145) shall designate both the claimant and his attorney as "payees." The check shall be delivered to the attorney whose address shall appear on the voucher.

compromise or settlement made hereunder, shall be final and conclusive on the claimant, his agent or legal representative and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of any claim against the United States and against any employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter. $ 35.9 Penalties.

A person who files a false claim or makes a false or fraudulent statement in a claim against the United States may be liable to a fine of not more than $10,000 or to imprisonment of not more than 5 years, or both (18 U.S.C. 287.1001), and, in addition, to a forfeiture of $2,000 and a penalty of double the loss or damage sustained by the United States (31 U.S.C. 231).

Limitation on Department's au

§ 35.10 thority.

(a) An award, compromise or settlement of a claim hereunder in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. For the purposes of this paragraph, a principal claim and any derivative or subrogated claim shall be treated as a single claim.

(b) An administrative claim may be adjusted, determined, compromised or settled hereunder only after consultation with the Department of Justice when, in the opinion of the Department:

(1) A new precedent or a new point of law is involved; or

(2) A question of policy is or may be involved; or

(3) The United States is or may be entitled to indemnity or contribution from a third party and the Department is unable to adjust the third party claim; or

(4) 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 $25,000.

(c) An administrative claim may be adjusted, determined, compromised or settled only after consultation with the Department of Justice when it is learned that the United States or an employee, agent or cost plus contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction.

Under the authority of the laws governing the U.S. Information and Educational Exchange Program as amended by Public Law 555, 84th Congress, June 4, 1956, 70 Stat. 241, 22 U.S.C. 1431-1442 the Department of Health, Education, and Welfare is an "interested government agency" with the authority to submit requests through the Department of State to the Attorney General for the waiver of the two-year residence period for exchange visitors under the educational exchange program who desire to apply for an immigrant visa or a nonimmigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence.

§ 50.2 Public Law 555 Waiver Review Board.

(a) Establishment. To enable the Department to carry out its responsibilities under Public Law 555, the Secretary has established the Public Law 555 Waiver Review Board.

(b) Functions. The Public Law 555 Waiver Review Board is responsible for making thorough and equitable evaluations of applications for waiver submitted to this Department and for rendering decisions on such applications on behalf of the Department.

(c) Membership. The Public Law 555 Waiver Review Board usually consists of four members. Two of the members represent the Office of the Secretary and are permanently assigned. The other two members vary from case to case and represent the operating agency within the Department which is most directly concerned with the particular

case. If more than one operating agency is directly interested, the Board may be expanded to include additional members to provide the necessary representation. § 50.3 Policy.

In order to carry out the legislative intent, the Department of Health, Education, and Welfare will request waivers only when such a request is clearly consistent with the maintenance of the integrity of the educational exchange program. Each case is evaluated individually on the basis of the facts available. The general criteria to be applied

are:

(a) The individual must be in a high priority program or activity of national or international significance involving the broad interests of the general public. Accordingly, waivers will not be requested when the documentation clearly demonstrates that the problem is solely one of recruitment in order to overcome a local community or institution manpower shortage.

(b) A direct relationship must exist between the exchange visitor and the program or activity involved so that loss of his services would necessitate discontinuance of the program. Accordingly, waivers will not be requested when the principal problem appears to be one of administrative or program inconvenience to the institution or other employer.

(c) The individual must process unique and outstanding qualifications, training, and experience and be making original and significant contributions to the program.

(1) The following procedure should be followed in applying to this Department for consideration of a Public Law 555 waiver: A letter should be submitted to the Public Law 555 Waiver Review Board, Department of Health, Education, and Welfare, Washington 25, D.C., by the institution of learning, hospital, laboratory, corporation, etc., describing in detail the circumstances of the case involved. This should include:

(1) A complete description of the program or activity in which the exchange visitor is engaged;

(ii) His or her relationship to the program, particular contribution, and other responsibility, if any;

(iii) The probable future of the program if the waiver is not granted;

(iv) The exchange visitor's curriculum vitae, bibliography, date and place of birth, present citizenship, date and port of entry and current address;

(v) Any other facts considered ger

mane.

(2) Since the formal filing of an application for waiver with the Immigration and Naturalization Service automatically terminates the applicant's exchange visitor status, it is permissible to obtain the decision of this Department before filling with the immigration and Naturalization Service.

§ 50.5 Personal hardship cases.

This Department has no responsibilities in connection with applications for waiver based on the personal hardship provisions of the Department of State regulations (22 CFR 63.6). This is a matter under the jurisdiction of the Immigration and Naturalization Service and inquiries should be directed to the appropriate District Office of that Service. The same is true of applications for extension of visas.

55.6

55.7

55.8

55.9 55.10

Nature and type of assignment.

Personnel provisions.

Modification of agreement.
Termination of agreement.

Reports and evaluation.

AUTHORITY: The provisions of this Part 55 issued under sec. 314, 58 Stat. 693, as amended by 80 Stat. 1180, 1189; 42 U.S.C. 246. Interpret or apply sec. 314, 58 Stat. 693, as amended by sec. 3, 80 Stat. 1181; 42 U.S.C. 246.

SOURCE: The provisions of this Part 55 appear at 32 F.R. 10852, July 25, 1967, unless otherwise noted.

§ 55.1 Definitions.

As used in this part:

(a) "Act" means the Public Health Service Act (amended by the Comprehensive Health Planning and Public Health Services Amendments of 1966; P.L. 89-749, 80 Stat. 1180).

(b) "Secretary" means (except when used in § 55.7(b) (6), (c) (2), and (d) (3))

the Secretary of Health, Education, and Welfare, or his delegatee.

(c) "Department" means the Department of Health, Education, and Welfare.

(d) "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands.

(e) "State agency" means a State or a political subdivision of a State, or any agency of either (including State or local health or health planning agencies), engaged in any activities related to health or designated or established pursuant to section 314(a)(2) (A) of the Act.

(f) "Officers and employees" means officers of the Commissioned Corps of the Public Health Service and all civilian officers and employees of the Department in either the excepted or competitive service.

(g) "Commissioned Officer" means an officer, Regular Corps or Reserve Corps, serving on active duty, in the Commissioned Corps of the Public Health Service (1.e., officers appointed pursuant to section 203 of the Act (42 U.S.C. sec. 204)). § 55.2 Purpose and coverage.

(a) Authority for assignment. Under section 314(f) of the Act, the Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment of officers and employees of the Department engaged in work related to health to States, for work which the Secretary determines will aid the Department in more effectively discharging its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. Such arrangements will be made by the Secretary in accordance with the provisions of section 314(f) of the Act, the regulations in this part, and any conditions and procedures which the Secretary finds necessary to carry out the purpose of the Act and the regulations in this part.

(b) Department's responsibilities in the field of health. "The Department's responsibilities in the field of health" are promotion of normal physical and mental development and well-being, and repair or containment of the effects of injuries and diseases, including rehabilitation of persons affected by disease of injury, development of basic scientific knowledge about the life processes and

the nature of disease, augmentation of health resources and improvement of the utilization of these resources, control of environmental hazards and consumable products, and improvement of the quality and availability of health services. Activities in these areas may be focused on individuals, families, groups of people, communities, regions, or the population at large.

(c) Work related to health. "Work related to health" means any work which contributes to carrying out the Department's responsibilities in the field of health.

$55.3 Assignments of personnel.

Assignments of personnel between the Department and a State agency may include (a) assignments to the State agency of one or more officers or employees of the Department either considered to be on detail to a regular work assignment in the Department or on leave without pay from positions in the Department, (b) assignments to the Department of one or more officers or employees of the State agency either with or without appointment in the Department, or (c) interchanges of personnel involving any combination of paragraphs (a) and (b) of this section. § 55.4 Initiation of proposals.

A proposal for an assignment of personnel between the Department and a State agency may be made by either the Secretary or the State agency.

(a) Department proposals. When the Secretary desires to effect with a State agency the assignment of personnel under section 314(f) of the Act, he will propose an arrangement for that purpose to the appropriate State agency. Upon acceptance of the proposal by the State agency, the Secretary and the State agency will enter into an agreement which meets the requirements of section 314(f) of the Act and the regulations in this part.

(b) State proposals. A State agency desiring the assignment of personnel under section 314(f) of the Act shall submit a proposal for an arrangement for that purpose in such manner as may be prescribed by the Secretary. Information on making such proposals may be obtained from the Department. The Secretary will notify the State agency in writing of his acceptance or rejection of the proposal. If he rejects the proposal submitted by the State agency, but modi