lic Information shall make an initial determination as to whether the requested record is identifiable within the meaning of § 303.1(a). Upon making an initial affirmative determination, he shall refer the request to the head of the unit concerned and so advise the requestor. Upon receipt of the request, the head of the unit shall determine whether the record is identifiable within the meaning of § 303.1(a). (e) If the Director of the Office of Public Information or the head of the unit concerned determines that a requested record is not identifiable within the meaning of § 303.1(a), the requestor shall be so advised and shall be permitted to amend his request to provide any additional information that would make the record identifiable. The requestor may seek appropriate assistance from the head of the unit concerned or the Director of the Office of Public Information, or a member of either of their staffs, in identifying the record sought. (f) If the requested record is identifiable, the head of the unit concerned shall make it available, as described in paragraph (i) of this section, unless he determines that disclosure may be contrary to the public interest, with a view to the exemptions described in § 303.4. When he so determines, he shall immediately refer the request and the record concerned to the Director of the Office in which his unit is located. If that Director determines that the requested record should be withheld for this reason, he shall immediately refer the request and the record concerned to the General Counsel. (g) The General Counsel shall promptly advise the Office Director whether or not the record concerned is exemptable under 5 U.S.C. 552(b). (h) If the General Counsel advises that the record is exemptable, the Office Director, in consultation with the Director of the Office of Public Information, shall then determine whether or not the record should, in the public interest, be withheld. If the decision is to withhold the record, the General Counsel shall notify the requestor in writing, clearly stating the reasons for the decision reached. (1) If the requested record is identifiable and the unit head or Office Director concerned has found no reason to withhold it, or if after receiving the General Counsel's advice the Office Director decides not to withhold the record, the re quested record shall be made available to the requestor as described in subparagraphs (1) and (2) of this paragraph. (1) Original or record copies of records will not be permitted to leave the custody of the lawful custodian thereof. (2) Photostatic copies, duly certified upon request, will be furnished in lieu thereof in accordance with the fees established in § 303.8. (j) Any requestor may request the Director of the Peace Corps to review a determination that an identifiable record be withheld. Request for review may be made by a letter or other written statement setting forth the pertinent facts. The Director reserves the right to require the requestor involved to present additional information in support of his request for review. The Director will promptly consider each request for review and notify the requestor involved, in writing, of his decision. § 303.8 Schedule of fees and method of payment for services rendered. (a) The following specific fees will be applicable with respect to services rendered to requestors under this part: (1) Searches of more than 10 minutes for records; minimum charge, per hour or fraction thereof (2) Other facilitative services and index assistance of more than 10 minutes-minimum charge, per hour or fraction thereof.. (3) Copies made by photostat or otherwise (per page)-. (4) Certification of each record as a true copy (5) For each certified statement of failure to locate record.. (6) For each signed statement of nonavailability of record_‒‒‒‒‒‒ $3.50 3.50 .40 .75 .75 No fee (b) When no specific fee has been established for a service, or the requested service does not fall under one of the above categories due to the amount or type thereof, the Director, Administrative Services Division, is authorized to establish an appropriate fee pursuant to the criteria established in Bureau of the Budget Circular No. A-25, entitled "User Charges." (c) (1) The minimum appropriate charge shall be paid in advance of the search or other service incident to the request, whether by mail or in person, for identifiable records. (2) The remainder of the charges, if any, shall be paid on completion of the search or prior to the issuance of requested copies. (3) Payments shall be made to the appropriate unit head or his designee. (d) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States; or postal money order; or cash. Remittances shall be made payable to the order of the Peace Corps. The Peace Corps will assume no responsibility for cash which is lost in the mail. (e) A receipt for fees paid will be given only upon request. Refund of fees paid for services actually rendered will not be made. PART 304 CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Sec. 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 GENERAL PROVISIONS Scope; definitions. PROCEDURES Administrative claim; when pre- Administrative claim; who may file. Claims investigation. Authority to adjust, determine, Referral to Department of Justice. Final denial of claim. Action on approved claim. AUTHORITY: The provisions of this Part 304 issued under 28 U.S.C. 2672; 28 CFR 14.11; secs. 4 and 5(h), 75 Stat. 612, 22 U.S.C. 2503; E.O. 11041, as amended, 3 CFR, 1959-1963 Comp.; Sec. 2(6), State Department Delegation of Authority No. 85-11A, as amended. SOURCE: The provisions of this Part 304 appear at 34 F.R. 5840, Mar. 28, 1969, unless otherwise noted. Volunteer or trainee while acting within the scope of his office or employment. (b) This subpart is not applicable to claims arising in a foreign country; it is applicable to claims arising in Puerto Rico and the Virgin Islands. (c) This subpart is issued subject to and consistent with applicable regulations on administrative claims under the Federal Tort Claims Act issued by the Attorney General (31 F.R. 16616; 28 CFR Part 14). (d) For the purposes of this subpart, the term "General Counsel" means the General Counsel of the Peace Corps or his designee. § 304.2 PROCEDURES Administrative claim; when presented; appropriate Peace Corps Office. (a) For purposes of this subpart, a claim shall be deemed to have been presented when the Peace Corps receives, at a place designated in paragraph (b) of this section, an executed "Claim for Damages or Injury," Standard Form 95, or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of property, for personal injury, or for death alleged to have occurred by reason of the incident. A claim which should have been presented to the Peace Corps, but which was mistakenly addressed to or filed with another Federal agency, is deemed to have been presented to the Peace Corps as of the date that the claim is received by the Peace Corps. If a claim is mistakenly addressed to or filed with the Peace Corps, the Peace Corps shall forthwith transfer it to the appropriate Federal agency, if ascertainable, or return it to the claimant. (b) A claimant shall mail or deliver his claim to the General Counsel, Peace Corps, 806 Connecticut Avenue NW., Washington, D.C. 20525. any other person legally entitled to assert such a claim in accordance with 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. 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, or 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. (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. § 304.4 Administrative claim, evidence and information to be submitted. (a) 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 Peace Corps or another Federal agency. A copy of the report of the examining physician shall be made available to the claimant upon the claimant's written request provided that he 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 Peace Corps any other physician's report 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 itemized receipts of payment for such expenses. (3) If the prognosis reveals the necessity for future treatment, a statement of expected 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. (b) 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 the 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 decedent's survivors, including identification of those survivors who were dependent for support upon decedent at the time of his death. (4) Degree of support afforded by 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 payment 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 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. (c) Property damage. In support of a claim for injury 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) Two or more itemized written estimates of the cost of such repairs and any itemized receipt of payment for necessary repairs. (4) A statement listing date of purchase, purchase price, and salvage value where repair is not economical. (5) Any other evidence or information which may have a bearing on either the responsibility of the United States for the injury to or loss of property or the damages claimed. § 304.5 Investigations. The Peace Corps may investigate, or the General Counsel may request any other Federal agency to investigate, a claim filed under this subpart. § 304.6 Claims investigation. (a) When a claim has been filed with the Peace Corps, the General Counsel will send a copy of the claim to the head of the office concerned and ask him to designate one employee of that office who shall act as, and who shall be referred to herein as, the Claims Investigating Officer for that particular claim. The Claims Investigating Officer shall, with the advice of the General Counsel, where necessary: (1) Investigate as completely as is practicable the nature and circumstances of the occurrence causing the loss or damage of the claimant's property. (2) Ascertain the extent of loss or damage to the claimant's property. (3) Assemble the necessary forms with required data contained therein. (4) Prepare a brief statement setting forth the facts relative to the claim (in the case of motor vehicle accidents, facts should be recorded on Standard Form 91A), a statement whether the claim satisfies the requirements of this subpart, and a recommendation as to the amount to be paid in settlement of the claim. (5) The head of the office concerned will be responsible for assuring that all necessary forms, statements, and all supporting papers have been procured for the file and will transmit the entire file to the General Counsel. § 304.7 Authority to adjust, determine, compromise, and settle claims. The authority to consider, ascertain adjust, determine, compromise, and settle claims under section 2672 of title 28, United States Code, and this subpart, subject to § 304.8, has been retained by the Director of the Peace Corps. § 304.8 Limitations on authority. (a) An award, compromise, or settlement of a claim under section 2672 of title 28, United States Code, and this subpart in excess of $25,000 may be effected only with the prior written approval of the Attorney General or his designee. For the purpose 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 only after consultation with the Department of Justice when, in the opinion of the General Counsel: (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 Peace Corps 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 the Peace Corps is informed or is otherwise aware that the United States or an officer, employee, agent, or cost-type contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction. § 304.9 Referral to Department of Justice. When Department of Justice approval or consultation is required under § 304.8, the referral or request shall be transmitted to the Department of Justice by the General Counsel pursuant to 28 CFR 14.7 (1968). § 304.10 Review of claim. (a) Upon receipt of the claim file from the head of the office concerned, the General Counsel will ascertain that all supporting papers are contained in the file. (b) After legal review and recommendation by the General Counsel, the Director of the Peace Corps will make a written determination on the claim. § 304.11 Final denial of claim. The General Counsel will send notification of the final denial of an administrative claim 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 Peace Corps 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. § 304.12 Action on approved claim. (a) Payment of a claim approved under this subpart is contingent on claimant's execution of (1) a "Claim for Damage or Injury," Standard Form 95; and (2) a "Voucher for Payment," Standard Form 1145, as appropriate. When a claimant is represented by an attorney, the voucher for payment shall designate the claimant and his attorney as copayees, and the check shall be delivered to the attorney, whose address shall appear on the voucher. (b) Acceptance by the claimant, his agent, or legal representative of an award, compromise, or settlement made under section 2672 or 2677 of title 28, United States Code, is 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 constitutes a complete release of any claim against the United States and against any officer or employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter. 50-045 0-71- -23 The Peace Corps invites to Peace Corps training programs those eligible applicants who skills, personal attributes and aptitudes fit those required for available Volunteer assignments. The following are the basic requirements that an applicant must satisfy to be eligible for Peace Corps Volunteer service: (a) Citizenship. Be a citizen or national of the United States or have made such arrangements satisfactory to the Offices of Selection and of the General Counsel to be naturalized during the U.S. training period or shortly thereafter. (See section 5(a) of the Peace Corps Act, as amended.) (b) Age. Be at least 18 years of age. However, if the parents of an 18- to 21-year-old applicant advise the Peace Corps that they disapprove of his application, the application shall be held in abeyance, and the Office of Selection shall, after receiving an opinion from the Office of the General Counsel, and considering all the facts of the case, decide whether to issue an invitation. (c) Marital status. (1) If the applicant is married and living with his or her spouse (or intends to marry prior to or during Peace Corps service), both husband and wife (or fiance and fiancee) must apply and qualify for assignment at the same location. A married applicant qualified for assignment as a Volunteer Leader may, however, be accepted for training and service and accompanied overseas by a non-Volunteer spouse. (2) If the applicant (whether male or female) is married but legally or in fact separated from his spouse, he must, prior to being issued an invitation to training, satisfy the Director of the Office of Selection and the General Counsel that (i) he will be an effective Volunteer; (ii) his participation in the Peace Corps will not further disrupt the marital relationship; and (iii) he has acted to ensure that any |