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(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.

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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.

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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

obligation of his to support his separated spouse will be met during his training and service.

(d) Dependents. If the applicant (whether male or female) has any dependents and has not been designated a Volunteer Leader applicant, he must, prior to being issued an invitation to training, satisfy the Director of Selection and the General Counsel:

(1) As to any dependent other than children under age 18, that his absence for training and service will not deprive his dependent(s) of any care or support which he may be obligated to provide; and

(2) As to any dependent child under age 18-whether or not living with the applicant-that (1) he has arranged satisfactorily for the support of the child during his training and service; (ii) the separation of him and the child will not adversely affect their relationship; and (iii) he is not using Peace Corps service to escape responsibility for the child's welfare.

(e) Legal status. Not be on parole or probation (other than a summary probation) to any court or have any courtestablished or acknowledged financial or other legal obligation which, in the opinion of the Office of the General Counsel, could not be satisfied or postponed during the individual's participation in the Peace Corps.

(f) Medical status. Be able to satisfy the Peace Corps' rigorous physical and mental health requirements.

(g) Absence of intelligence background. Not have worked for or served in any intelligence agency, civilian or military, or have been associated with any intelligence operations.

§ 305.3 Selection standards.

To qualify for selection for overseas service as a Volunteer, a trainee must demonstrate by the end of training that he or she meets the following selection standards, and that his enrollment as a Volunteer must be clearly consistent with the interests of the national security.

(a) Motivation indicating commitment to serve a full term (usually 2 years) as a Volunteer despite periods of stress.

(b) Intelligence sufficient to meet the needs of a particular program and to cope with other challenges of Peace Corps service, including rapid learning in a short training period.

(c) Personal qualities including initiative, determination, friendliness, patience, ability to communicate and respect for other people regardless of race, religion, nationality, social standing or political persuasion.

(d) Competence in the skills and proficiencies needed for the particular job assignment overseas.

(e) Such reasonable proficiency in the host country language as his overseas assignment requires. (See section 23 of the Peace Corps Act.)

(f) Adequate knowledge of both the host country and the United States.

CHAPTER IV-INTERNATIONAL JOINT COMMISSION

UNITED STATES AND CANADA

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(a) In the construction of the regulations in this part, unless the context otherwise requires, words importing the singular number shall include the plural and words importing the plural number shall include the singular, and;

(b) "Applicant" mean the Government or person on whose behalf an application is presented to the Commission in accordance with § 401.12;

(c) "Government" means the Government of Canada or the Government of the United States of America;

(d) "Person" includes Province, State, department or agency of a Province or State, municipality, individual, partnership, corporation and association, but does not include the Government of Canada or the Government of the United States of America;

(e) "Oath" includes affirmation;

(f) "Reference" means the document by which a question or matter of difference is referred to the Commission pursuant to Article IX of the Treaty;

(g) "The Treaty" means the Treaty between the United States of America and His Majesty the King, dated the 11th day of January 1909;

(h) "Canadian section" consists of the commissioners appointed by Her Majesty on the recommendation of the Governor in Council of Canada;

(i) "United States section" consists of the Commissioners appointed by the President of the United States.

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(a) The commissioners of the United States section of the Commission shall appoint one of their number as chairman, to be known as the Chairman of the United States Section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in the United States and in respect to all matters required to be done in the United States by the chairman of the Commission.

(b) The commissioners of the Canadian section of the Commission shall appoint one of their number as chairman, to be known as the Chairman of the Canadian Section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in Canada and in respect to all matters required to be done in Canada by the chairman of the Commission.

(c) In case it shall be impracticable for the chairman of either section to act in any matter, the commissioner of such section who is senior in order of appointment shall act in his stead. § 401.3

Permanent offices.

The permanent offices of the Commission shall be at Washington, in the District of Columbia, and at Ottawa, in the Province of Ontario, and, subject to the directions of the respective chairmen acting for their respective sections, the secretaries of the United States and Canadian sections of the Commission shall have full charge and control of said offices, respectively.

§ 401.4 Duties of secretaries.

(a) The secretaries shall act as joint secretaries at all meetings and hearings of the Commission. The secretary of the section of the Commission of the country in which a meeting or hearing is held shall prepare a record thereof and each secretary shall preserve an authentic copy of the same in the permanent offices of the Commission.

(b) Each secretary shall receive and file all applications, references and other papers properly presented to the Commission in any proceeding instituted before it and shall number in numerical order all such applications and references; the number given to an application or reference shall be the primary file number for all papers relating to such application or reference.

(c) Each secretary shall forward to the other for filing in the office of the

other copies of all official letters, documents, records or other papers received by him or filed in his office, pertaining to any proceeding before the Commission, to the end that there shall be on file in each office either the original or a copy of all official letters and other papers, relating to the said proceeding.

(d) Each secretary shall also forward to the other for filing in the office of the other copies of any letters, documents or other papers received by him or filed in his office which are deemed by him to be of interest to the Commission. § 401.5

Meetings.

(a) Subject at all times to special call or direction by the two Governments, meetings of the Commission shall be held at such times and places in the United States and Canada as the Commission or the Chairman may determine and in any event shall be held each year at Washington in April and at Ottawa in October, beginning ordinarily on the first Tuesday of the said months.

(b) If the Commission determines that a meeting shall be open to the public, it shall give such advance notice to this effect as it considers appropriate in the circumstances.

§ 401.6

Service of documents.

(a) Where the secretary is required by the regulations in this part to give notice to any person, this shall be done by delivering or mailing such notice to the person at the address for service that the said person has furnished to the Commission, or if no such address has been furnished, at the dwelling house or usual place of abode or usual place of business of such person.

(b) Where the secretary is required by the regulations in this part to give notice to a Government, this shall be done by delivering or mailing such notice to the Secretary of State for External Affairs of Canada or to the Secretary of State of the United States of America, as the case may be.

(c) Service of any document pursuant to § 401.22 shall be by delivering a copy thereof to the person named therein, or by leaving the same at the dwelling house or usual place of abode or usual place of business of such person. The person serving the notice or request shall furnish an affidavit to the secretary stating the time and place of such service.

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