« ÎnapoiContinuați »
recovery from consular officers of PART 23— FINANCE AND ACCOUNTING
amounts wrongfully exacted and with
held by them. Sec. 23.1 Remittances made payable to the De- § 23.4 Representative value in exchange.
partment of State. 23.2 Endorsing remittances for deposit in
Representative value in exchange for the Treasury.
the collection of a fee means foreign 23.3 Refunds.
currency equivalent to the prescribed 23.4 Representative value in exchange.
United States dollar fee at the current 23.5 Claims for settlement by Department of rate of exchange at the time and place State or General Accounting Office.
of payment of the fee. “Current rate" AUTHORITY: The provisions of this part 23 of exchange for this purpose means the issued under sec. 4, 63 Stat. 111, as amended; bank selling rate at which the foreign 5 U.S.C. 151c.
bank will sell the number of United SOURCE: The provisions of this Part 23 States dollars required to liquidate the appear at 22 F.R. 10793, Dec. 27, 1957, unless obligation to the United States for the otherwise noted.
Foreign Service fee. § 23.1 Remittances made payable to the 8 23.5 Claims for settlement by DepartDepartment of State.
ment of State or General Accounting
Office. Except as otherwise specified in this title, remittances of moneys shall be Claims for settlement by the Departdrawn payable to the Department of ment of State or by the General AcState and sent to the Department for counting Office shall be submitted to action and deposit. (See $ $ 21.2, 22.2, the Department in duplicate over the and 51.40 of this chapter.)
handwritten signature, together with § 23.2 Endorsing remittances for de
the post office address of the claimant, posit in the Treasury.
and with appropriate recommendations
of the officer of the Foreign Service, for The Office of Finance-Cashier Unit, items such as: the Authentication Office, the Passport (a) Refunds of amounts representing Office or Passport Agency, American
payroll deductions such as for any reEmbassy, American Legation, American
tirement and disability fund; consular office, or other office or unit of
(b) Amounts due deceased, incompethe Department of State authorized and
tent, or insolvent persons including required to deposit funds in the Treasury
payees or bona-fide holders of unpaid of the United States, is hereby authorized to endorse, or to have endorsed, to the
(c) Amounts claimed from the Govorder of the Treasurer of the United States by appropriate stamp, checks,
ernment when questions of fact affect drafts, money orders, or other forms of
either th: amount payable or the terms remittance, regardless of how drawn,
of payment, when for any reason settlewhich are for payment to the Depart
ment cannot or should not be affected ment of State for deposit in the Treasury
at the Foreign Service office; and of the United States, including those
(d) Amounts of checks, owned by livpayable to the Secretary of State.
ing payees or bona-fide holders, which
have been covered into outstanding lia8 23.3 Refunds.
bilities. The Foreign Service post or (a) Rectifications and readjustments. the Department of State shall be conSee $ 22.4 of this chapter for outline of sulted before preparing the claim to circumstances under which fees which ascertain whether any special form is rehave been collected for deposit in the quired to be used. Claims for unpaid Treasury may be refunded.
compensation of deceased alien em(b) Refund of wrongful exactions. ployees shall be forwarded to the reSee § 13.1 of this chapter concerning spective Foreign Service post.
SUBCHAPTER D-CLAIMS AND STOLEN PROPERTY
PART 31-ADMINISTRATIVE SETTLE
MENT OF TORT CLAIMS AND CER
TAIN PROPERTY DAMAGE CLAIMS Sec. 31.1 Purpose. 31.2 Delegation of authority.
Subpart A-General Provisions 31.3 Definitions. 31.4 Action by claimant. 31.5 Penalties. 31.6 Investigation of claims. 31.7 Determination of claims. 31.8 Payment of claims.
Subpart B-Federal Tort Claims Act 31.9 General. 31.10 Allowable claims. 31.11 Claims not allowable. 31.12 Limitations. 31.13 Acceptance of award or settlement by
claimant. 31.14 Attorneys' fees.
Subpart C-Act of August 1, 1956 31.15 General.
mission, United States and Mexico, to consider, ascertain, adjust, determine and settle such claims. $ 31.2 Delegation of authority.
The Legal Adviser and the Deputy Legal Adviser are authorized to consider, ascertain, adjust, determine and settle claims cognizable under the Federal Tort Claims Act and the act of August 1, 1956, except claims arising out of activities of the Commission. Chiefs of mission and principal officers of fiscal reporting posts are authorized to consider, ascertain, adjust, determine and settle claims cogni. zable under the act of August 1, 1956, arising out of the activities of their respective establishments. The Commissioner is authorized to consider, ascertain, adjust, determine and settle claims cognizable under the Federal Tort Claims Act and the act of June 19, 1939, arising out of activities of the Commission.
Subpart D-Act of June 19, 1939 31.16 General. 31.17 Exclusion. 31.18 Limitations. 31.19 Action by claimant. 31.20 Payment of claim.
AUTHORITY: The provisions of this part 31 issued under 49 Stat. 906, as amended, sec. 1, 62 Stat. 983, as amended, sec. 4, 63 Stat. 111, as amended, sec. 2, 70 Stat. 890; 22 U.S.C. 277e, 28 U.S.C. 2672, 5 U.S.C. 151c, 170g.
SOURCE: The provisions of this Part 31 appear at 22 F.R. 10793, Dec. 27, 1957, unless otherwise noted.
Subpart A-General Provisions 8 31.3
(a) "Secretary” means the Secretary of State.
(b) “Department” means the Department of State, its offices, bureaus, and divisions and its Foreign Service establishments abroad.
(c) "Commission" means the United States Section, International Boundary and Water Commission, United States and Mexico.
(d) “Legal Adviser” means the Legal Adviser of the Department of State.
(e) “Deputy Legal Adviser" means the Deputy Legal Adviser of the Department of State.
(f) “Chiefs of mission" means principal officers appointed by the President, by and with the advice and consent of the Senate, in charge of embassies or legations of the United States.
(g) “Principal officers of fiscal reporting posts” means principal officers in charge of embassies, legations, or other diplomatic missions, or of a consulate general or consulate of the United States, which are designated fiscal reporting posts by the Department of State.
§ 31.1 Purpose.
The purpose of this part is to establish and provide a procedure for the preparation and submission of claims for personal injury, death, and property loss or damage cognizable under the Federal Tort Claims Act (62 Stat. 983; 28 U.S.C. 2672) and the act of August 1, 1956 (70 Stat. 890; 5 U.S.C. Supp. IV, 170g), and claims for property loss or damage cognizable under the act of June 19, 1939 (53 Stat. 841; 22 U.S.C. 277e), and to authorize certain officers of the Department of State and of the United States Section, International Boundary and Water Com
(h) “Commissioner" means the or death and for property loss or damage; United States Commissioner, Interna- (3) if property was lost or damaged, the tional Boundary ard Water Commission, amount paid or payable by the insurer United States and Mexico.
and the name of the insurer; (4) the (i) "Employee" includes any oficer or facts and circumstances in detail giving employee of the Department or the Com- rise to the claim including the date, mission, or any person acting on behalf place and time of the accident or inciof the Department or the Commission dent; (5) if property was involved, a in an oficial capacity, temporarily or description of the same and of the nature permanently in the service of the De
and extent of the damage and of the cost partment or the Commission, whether
of repair or replacement; (6) if personal with or without compensation.
injury was involved, the nature of the
injury, the cost of medical services and 8 31.4 Action by claimant.
time and income lost from incapacita
tion; (7) if death is involved, the names (a) Claimant. Claims for property and ages of the claimants and their relaloss or damage may be filed by the owner tionship to the decedent; (8) the name of the property or his duly authorized of the employee of the United States who agent or legal representative. If the is alleged to be responsible for the acciproperty was insured and the insurer is dent or incident and the name and subrogated, in whole or in part, and if address of the Foreign Service establishboth the owner and the insurer desire to ment by whom he is or was employed; file a claim for their respective losses, (9) the names and addresses of any witthey should join in one claim. Claims nesses to the accident or incident; and for personal injury may be filed by the (10) if desired, the law applicable to the injured person or his agent or legal rep- claim. resentative. Claims for death may be (c) Place of filing claim. Claims filed by the personal representative of the should be submitted directly to the ofice, decedent or any other legally qualified bureau, division, or Foreign Service esperson. When filed by an agent or legal tablishment of the Department, or of the representative, the claim must show the Commission, out of whose activities the title or capacity of the person represent- accident or incident occurred, if known; ing the claimant and be accompanied by or, if not known, to the Legal Adviser, evidence of the appointment of such per- Department of State, Washington, D.C., son as agent, legal representative, exec- 20520. utor, administrator, guardian, or other (d) Evidence to be submitted by fiduciary.
claimant-(1) General. The amount (b) Form of claim. Claims arising in claimed on account of damage to or loss the United States and in the Territories of property or on account of personal and possessions of the United States injury or death should, so far as possible, should be prepared, in duplicate, on the be substantiated by competent evidence. standard form, “Claim For Damage or Supporting statements, estimates and Injury," promulgated by the Bureau of the like should, if possible, be obtained the Budget. Copies of this form will be from disinterested parties. All evidence furnished upon a request to the Depart- should be submitted in duplicate. Origiment or the Commission, as the case may nal evidence or certified copies should be be. All information requested therein attached to the original copy of the should be given in detail. It is espe- claim, and simple copies should be atcially important that the amount claimed tached to the other copy of the claim. for property damage and for personal All documents in other than the English injury be indicated in the spaces pro- language should be accompanied by Engvided. Claims arising in foreign coun- lish translations. tries should be prepared in form of a 2) Personal injury or death. In supsworn statement and submitted in dupli- port of claims for personal injury or cate. The original copy of the claim death, the claimant should submit, as should be sworn to or affirmed before an may be appropriate, itemized bills for official with authority to administer medical, hospital or burial expenses actuoaths or afirmations and should con- ally incurred; a statement from the tain the following information, at least: claimant's or decedent's employer as to (1) The name and address of the claim- time and income lost from work; and a ant; (2) the amount claimed for injury written report by the attending physician with respect to the nature and extent $ 31.6 Investigation of claims. of the injury, the nature and extent of
When a claim is received, the office, treatment, the degree of disability, the
bureau, division or Foreign Service estabperiod of hospitalization or incapacita
lishment out of whose activities the claim tion, and the prognosis as to future treat
arose shall make such investigation as ment, hospitalization and the like. (3) Damage to personal property. In
may be necessary or appropriate for a
determination of the validity of the claim support of claims for damage to personal
and thereafter shall forward the claim, property which has been repaired, the
together with all pertinent material, and claimant should submit an itemized re
a recommendation regarding allowance ceipt, or, if not repaired, itemized esti
or disallowance of the claim, to the Legal mates of the cost of repairs by two re
Adviser, Deputy Legal Adviser, Commisliable parties who specialize in such
sioner, Chief of Mission or principal work. If the property is not economi
officer of fiscal reporting post, as the cally repairable, the claimant should sub
case may be. mit corroborative statements of two reliable qualified persons with respect to
§ 31.7 Determination of claims. cost, age of the property and salvage Claims will be determined in accordvalue.
ance with the applicable statute and the (4) Damage to real property. In sup- applicable subpart of this part. port of claims for damage to land, trees, buildings, fences, or other improvements
§ 31.8 Payment of claims. to real property, the claimant should When a claim is approved, it will be submit an itemized receipt if repairs have referred to the appropriate fiscal office been made, or, if repairs have not been for payment out of funds appropriated made, itemized estimates of the cost of or to be appropriated for the purpose. repairs by two reliable persons who specialize in such work. If the property Subpart B-Federal Tort Claims Act is not economically repairable, the claimant should ubmit corroborative state
$ 31.9 General. ments of two reliable qualified persons The Federal Tort Claims Act (62 Stat. with respect to the value of the improve- 983, as amended by 73 Stat. 471; 28 ments both before and after the accident U.S.C. 2672) authorizes the head of each or incident and the cost of replacements. Federal agency, or his designee for the
(5) Damage to crops. In support of purpose, acting on behalf of the United claims for damage to crops, the claim- States, to consider, ascertain, adjust, deant should submit an itemized signed termine, and settle certain tort claims statement showing the number of acres, for money damages of $2,500 or less or other unit measure of crop damaged, against the United States. the probable yield per unit, the gross [24 F.R. 9193, Nov. 10, 1959] amount which would have been realized from such probable yield and an esti
§ 31.10 Allowable claims. mate of the costs of cultivating, harvest- Tort claims, except those specifically ing and marketing the crop. If the crop excluded by the Federal Tort Claims Act is one which need not be planted each (28 U.S.C. 2680), are allowable under the year, the diminution in value of the land act and this subpart for damage to or beyond the damage to the current year's loss of property and for personal injury crop should also be stated.
or death, caused by the negligent or
wrongful act or omission of any employee § 31.5. Penalties.
of the Department or of the Commission, A person who files a false claim or while acting within the scope of his office makes a false or fraudulent statement in or employment, under circumstances a claim against the United States may be where the United States, if a private perliable to a fine of not more than $10,000 son, would be liable for such damage, or to imprisonment of not more than five loss, injury, or death, in accordance with years, or both (62 Stat. 698, 749; 18 U.S.C. the law of the place where the act or 287, 1001) and, in addition, to a forfeit- omission occurred. Payment of more ure of $2,000 and a penalty of double the than $2,500 in settlement of a claim may loss or damage sustained by the United not be authorized. The claimant's only States (12 Stat. 696, 698; 31 U.S.C. 231). remedy, if any, for a claim exceeding $2,500 in amount or for a claim which is employee of the Government whose act disallowed, is by suit in the United States or omission gave rise to the claim, by District Court for the district where the reason of the same subject matter. claimant resides or wherein the act or
§ 31.14 Attorneys' fees. omission complained of occurred. (24 F.R. 9193, Nov. 10, 1959)
As part of any award or settlement,
reasonable attorneys' fees may be allowed § 31.11 Claims not allowable.
out of, but not in addition to, the amount
of the award or settlement. If the award The following claims, among others,
or settlement is $500 or more the fee are not allowable under the Federal Tort
shall not exceed 10 per centum of the Claims Act and this subpart:
amount of the award or settlement. Any (a) Any claim based upon an act or
attorney who receives more than the omission of an employee of the Government, exercising due care, in the execu
amount allowed may be liable to a fine
of not more than $2,000 or imprisontion of a statute or regulation, whether
ment of not more than one year, or both. or not such statute or regulation be valid,
Attorneys' fees will be fixed only upon or based upon the exercise or performance or the failure to exercise or per
the written request of the claimant or his form a discretionary function or duty
attorney. on the part of a Federal agency or an employee of the Government, whether Subpart C-Act of August 1, 1956 or not the discretion involved be abused. (b) Any claim arising out of the loss,
§ 31.15 General. miscarriage, or negligent transmission The act of August 1, 1956 (70 Stat. 890; of letters or postal matter.
5 U.S.C. Supp. IV, 170g) authorizes the (c) Any claim arising out of assault, Secretary of State, when funds are apbattery, false imprisonment, false ar- propriated therefor, to pay tort claims in rest, malicious prosecution, abuse of the manner authorized in the first paraprocess, libel, slander, misrepresenta- graph of 28 U.S.C. 2672, as amended, tion, deceit, or interference with con- when such claims arise in foreign countract rights.
tries in connection with Department of (d) Any claim arising in a foreign State operations abroad. Consequently, country. Such claims may be allowable
the Federal Tort Claims Act and Subpart under the act of August 1, 1956. See
B of this part are applicable to claims Subpart C of this part.
filed under the act of August 1, 1956, $ 31.12 Limitations.
except that no provision has been made
in that act for the institution of suit if a (a) Claims arising under the Federal
claim is denied. Tort Claims Act must be presented in writing, within two years after accrual. (b) A suit may not be filed while a
Subpart D-Act of June 19, 1939 claim is pending. The claimant may, however, upon fifteen days written no- § 31.16 General. tice, withdraw the claim and commence
The act of June 19, 1939 (53 Stat. 841; action thereon within six months from
22 U.S.C. 277e), provides as follows: the date of notice. If a claim is denied, the claimant may commence action
The Secretary of State acting through such thereon within six months from the date
officers as he may designate, is further au
thorized to consider, adjust, and pay from of notice of denial. The amount of the
funds appropriated for the project, the consuit may not exceed the amount of the
struction of which resulted in damages, any claim, except where the increased
claim for damages occurring after March 31, amount is based upon newly discovered 1937, caused to owners of land or other prievidence.
vate property of any kind by reason of the
operations of the United States, its officers § 31.13 Acceptance of award or settle
or employees, in the survey, construction, ment by claimant.
operation, or maintenance of any project The acceptance by the claimant of an
constructed or administered through the
American Commissioner, International award, compromise or settlement is final
Boundary Commission, United States and and conclusive on the claimant, and con
Mexico, if such claim does not exceed $1,000 stitutes a complete release of any claim and has been filed with the American Com. against the United States and against the missioner within one year after the damage