Tort claims, except those specifically excluded by the Federal Tort Claims Act (28 U.S.C. 2680), are allowable under the act and this subpart for damage to or loss of property and for personal injury or death, caused by the negligent or wrongful act or omission of any employee of the Department or of the Commission, while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable for such damage, loss, injury, or death, in accordance with the law of the place where the act or omission occurred. The size of the payment is not limited by the act. Payments in excess of $25,000 require the prior written approval of the Attorney General.

The following claims, among others, are not allowable under the Federal Tort Claims Act and this subpart:

(a) Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or 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.

(b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter.

(c) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.

(d) Any claim arising in a foreign country. Such claims may be allowable under the act of August 1, 1956. See Subpart C of this part.

§ 31.14 Limitations.

(a) Claims arising under the Federal Tort Claims Act must be presented in writing, within 2 years after accrual.

(b) A suit may not be filed until a claim has been finally denied. If the Department fails to make a final disposition of a claim within 6 months after it is filed, the claim may, at the option

of the claimant any time thereafter, be deemed finally denied. If a claim is denied, the claimant may commence action thereon within 6 months from the date of notice of denial. The amount of the suit may not exceed the amount of the claim, except where the increased amount is based upon newly discovered evidence, or upon allegation and proof of intervening facts, relating to the amount of the claim.

§ 31.15 Acceptance of award or settlement by claimant.

The acceptance by the claimant of an award, compromise or settlement is final and conclusive on the claimant, his agent or legal representative and any person on whose behalf or for whose benefit the claim has been presented, and constitutes 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. § 31.16 Attorneys' fees.

As part of any award or settlement, reasonable attorneys' fees may be allowed out of, but not in addition to, the amount of the award or settlement. Such fees shall not exceed 20 percent of the award or settlement. Any attorney who receives more than the amount allowed may be liable to a fine of not more than $2,000 or imprisonment of not more than 1 year, or both. Attorneys' fees will be fixed only upon the written request of the claimant or his attorney.

§ 31.17 Effective date.

Subparts A and B shall apply only to claims arising out of acts or omissions occurring on or after January 18, 1967. Subpart C-Act of August 1, 1956 § 31.18 General.

The act of August 1, 1956 (5 U.S.C. 170g) authorizes the Secretary of State, when funds are appropriated therefor, to pay tort claims in the manner authorized in the first paragraph of 28 U.S.C. 2672, as amended, when such claims arise in foreign countries in connection with Department of State operations abroad. Consequently, the Federal Tort Claims Act and Subpart B of this part are applicable to claims filed under the act of August 1, 1956, except that no provision has been made in that act for the institution of suit if a claim is denied.

The act of June 19, 1939 (53 Stat. 841; 22 U.S.C. 277e), provides as follows:

The Secretary of State acting through such officers as he may designate, is further authorized to consider, adjust, and pay from funds appropriated for the project, the construction of which resulted in damages, any claim for damages occurring after March 31, 1937, caused to owners of land or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the American Commissioner, International Boundary Commission, United States and Mexico, if such claim does not exceed $1,000 and has been filed with the American Commissioner within 1 year after the damage is alleged to have occurred, and when in the opinion of the American Commissioner such claim is substantiated by a report of a board appointed by the said Commissioner. This act covers only claims for damages to lands or other private property and not claims for personal injuries. (Decision Comptroller General B-36817, Sept. 28, 1943, unpublished.) To the extent that claims for damages to lands or other private property are based upon negligence, the provisions of this act have been superseded by the Federal Tort Claims Act (26 Comp. Gen. 452, Decision B-61757, Jan. 6, 1947). Hence claims cognizable under the act of June 19, 1939, are limited to claims for damages accruing after March 31, 1937; (a) for damages to lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the Commissioner; (b) where such claims do not exceed $1,000; and (c) which claims are not based upon the negligence of any officer or employee of the Government acting within the scope of his employment. § 31.20 Exclusion.

Claims which are cognizable under the Federal Tort Claims Act are not cognizable under the act of June 19, 1939.

§ 31.21 Limitations.

The claim will be considered by the Commissioner under this subpart unless filed with him within 1 year after the damage is alleged to have occurred.

Upon receipt of a claim by the Commissioner, the Commissioner will appoint a board to investigate the facts surrounding the claim and to make its report and recommendations to the Commission. The Commissioner will thereupon approve the claim in whole or in part, or disapprove the claim. If the claim is approved in whole or in part, and claimant accepts the settlement tendered by the Commissioner, the claimant will execute a release of his claim in the form prescribed by the Commissioner and will execute a voucher in the sum approved by the Commissioner. The file on the case, including the claim, the findings of the board, the approval of the Commissioner, the release, and the voucher, will thereupon be transmitted by the Commissioner through the Department to the General Accounting Office for settlement.

United Mexican States. The said documents shall be as follows: (a) the original or a certified copy of the sales or conditional sales contract and where registration of title is required by law the certificate of such registration of title; (b) the original or a certified copy of the official registration card; (c) not more than three affidavits identifying the claimant as the owner of the legal or equitable title, or both, to the property alleged to have been stolen or embezzled; (d) the original or a certified copy of any assignment of the property by the insured to the insurer pursuant to a contract of insurance in force at the time the theft or embezzlement was committed.

§ 32.2 American motor vehicles, trailers, airplanes, etc., in Mexico.

Whenever, in accordance with the provisions of article II of the convention (50 Stat. 1334), the United States of America

shall request the detention in the United Mexican States of alleged stolen or embezzled motor vehicles, trailers, airplanes, or the component parts of any of them, the request shall be accompanied by documents legally valid in the United States of America. The said documents shall be as follows: (a) the original or a certified copy of the sales or conditional sales contract and where registration of title is required by law the certificate of such registration of title; (b) the original or a certified copy of the official registration card; (c) not more than three affidavits identifying the claimant as the owner of the legal or equitable title, or both, to the property alleged to have been stolen or embezzled; (d) the original or a certified copy of any assignment of the property by the insured to the insurer pursuant to a contract of insurance in force at the time the theft or embezzlement was committed.

41.123 More than one alien included in visa. 41.124 Procedure in issuing visas. 41.125 Revalidation of visas.

41.126 Transfer of visas. 41.127 Crew-list visas. 41.128

Nonresident alien Mexican bordercrossing cards.

41.129 Nonresident alien Canadian border crossing identification cards.

REFUSAL AND REVOCATION OF NONIMMIGRANT VISAS

41.130 Procedure in refusing individual visas.

41.132 Exclusion from and refusal of crewlist visas.

41.134 Revocation and invalidation of visas. ENTRY INTO AREAS UNDER UNITED STATES ADMINISTRATION

41.145 Aliens entering areas under United States administration not included in section 101 (a) (38) of the Act.

In addition to the pertinent definitions contained in the Immigration and Nationality Act, the following definitions shall be applicable to this part:

Accredited. "Accredited", as used in sections 101(a)(15) (A), 101(a) (15) (G) and 212(d) (8) of the Act, refers to an alien who holds an official position, other than an honorary official position, with the government or international organization he represents, and who is in possession of a travel document or other evidence showing that he seeks to enter, or pass in transit through, the United States for the purpose of transacting official business for that government or international organization.

Act. "Act" means the Immigration and Nationality Act, as amended.

Attendants. "Attendants" as used in sections 101(a) (15) (A) (iii), 101(a) (15) (G) (v), and 212(d) (8) of the Act, shall include an alien who is paid from the public funds of a foreign government or from the funds of an international organization and who is accompanying or following to join the principal alien to whom he owes a duty or service.

Competent officer. "Competent officer", as used in section 101(a) (26) of the Act, shall refer to a "consular officer" as defined in section 101(a)(9) of the Act and this section.

Consular officer. "Consular officer", as defined in section 101 (a) (9) of the Act, shall include commissioned consular officers, the District Administrators of the Trust Territory of the Pacific Islands, the Director of the Visa Office of the Department and such other officers of the Department as he shall designate for the purpose of issuing nonimmigrant visas, but shall not include a consular agent, an attaché or assistant attaché.

Department. "Department" means the Department of State of the United States of America.

Diplomatic passport. "Diplomatic passport" means a national passport bearing that title and issued by a competent authority of a foreign government. "Equivalent of a diplomatic passport" means a national passport, other

than a specifically described diplomatic passport, which is issued by a competent authority of a foreign government and which indicates the career diplomatic or consular status of the bearer, the issuing government being one which does not issue diplomatic passports to its career diplomatic and consular officers.

Diplomatic visa. "Diplomatic visa" means a nonimmigrant visa of any classification bearing that title and issued to an alien in accordance with the regulations contained in this part.

Form FS-257. "Form FS-257" (Application for Nonimmigrant Visa and Alien Registration), shall be considered to include Form FS-257a.

Government vessel or aircraft. "Government vessel or aircraft" means a vessel or aircraft operated directly by the Government of the United States with government personnel in connection with public business of a non-commercial and non-profit character, or a foreign-flag vessel or aircraft operated directly by a foreign government recognized de jure by the United States, with foreign government personnel in connection with public business of a noncommercial and non-profit character. The term "government vessel or aircraft" shall not include a vessel or aircraft which is merely controlled or subsized by a government, or one which is engaged in what would ordinarily be regarded as commercial shipping or commercial transportation.

Immediate family. "Immediate family", as used in sections 101(a) (15) (A), 101 (a) (15) (G) and 212(d) (8) of the Act and with reference to classification under the symbols NATO-1, NATO-2, NATO-3, and NATO-4, means close relatives who are members of the immediate family by blood, marriage, or adoption, who are not members of some other household, and who will reside regularly in the household of the principal alien.

International organization. "International organization” means any public international organization which has been designated by the President by Executive Order as being entitled to enjoy the privileges, exemptions, and immunities provided for in the international Organizations Immunities Act.

Official visa. "Official visa" means a nonimmigrant visa of any classification bearing that title and issued to an alien in accordance with the regulations contained in this part.

Passport. "Passport", as defined in section 101 (a) (30) of the Act, shall not be considered as limited to a national passport and shall not be considered as limited to a single document but may consist of two or more documents which, when considered together, fulfill the requirements of a passport as defined in section 101 (a) (30) of the Act: Provided, That permission to enter a foreign country must be issued by a competent authority and must be clearly valid for such purpose in order to meet the requirements of section 101 (a) (30). A nonimmigrant unable to obtain a document issued by a competent authority which indicates his origin, identity, and nationality if any, may furnish the missing information to the best of his knowledge and belief, by presenting an affidavit which, when combined with the documentary evidence of admissibility into a foreign country, will suffice to meet the requirements of section 101 (a) (30) of the Act.

Port of entry. "Port of entry" means a port or place designated by the Commissioner of Immigration and Naturalization at which an alien may apply for admission into the United States.

Principal alien. "Principal alien" means an alien from whom another alien derives a privilege or status under the law or regulations.

Regular visa. "Regular visa" means a nonimmigrant visa of any classification issued in accordance with the regulations contained in this part, which does not bear the title "Diplomatic" or "Official."

Regulation. "Regulation" means a rule established pursuant to the provisions of section 104(a) of the Act which has been duly published in the FEDERAL REGISTER.

Servants and personal employees. "Servants" and "personal employees," as used in sections 101 (a) (15) (A) (iii), 101 (a) (15) (G) (v) and 212(d) (8) of the Act, include an alien who is employed in a domestic or personal capacity by a principal alien, who is paid from the private funds of such principal alien, and who seeks to enter the United States solely for the purpose of such employment.

Western Hemisphere. "Western Hemisphere" means North America (including Central America), South America and the islands immediately adjacent thereto including the places named in section 101 (b) (5) of the Act.