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(a) Purpose. To serve the Foreign Service Institute in an advisory capacity with respect to the programs, operations, and activities of the Institute.

(b) Major functions. The Committee performs the following functions:

(1) Advises the Director of the Institute as to the general character and scope of the training programs of the Institute.

(2) Reviews, not less than once each year, the operations of the Institute and makes recommendations as to its future operations.

(3) Gives such other advice and renders such services as may be requested by the Director General of the Foreign Service.

(c) Organization. The Committee is composed of the following members:

(1) The Director General of the Foreign Service (chairman).

(2) Two members of the United States Senate as may be appointed by the Vice President or the President pro tempore of the Senate.

(3) Two members of the United States House of Representatives as may be appointed by the Speaker of the House.

(4) Six members designated by the Secretary of State as follows:

(1) One official of the Department of State.

(ii) Two former ambassadors, Foreign Service oficers, or Department of State officers.

(ii) Three private citizens distinguished in such fields as education, philanthropy, journalism, publishing, industry, banking, commerce, agriculture, or labor.

(d) Procedures. The Committee will be governed by the following procedures:

(1) The Director General of the Foreign Service will serve as permanent chairman of the Committee.

(2) Members of the Committee will serve without compensation, and members not oficers of the Government of the United States or members of the United States Senate or of the House of Representatives will be designated as WOC consultants to the Department.

(3) Members attending meetings will receive traveling expenses in accordance with existing laws and regulations.

(4) The Committee will be called into session in Washington from time to time

as determined by the Director General, or by decision of the Committee, but in no case will it meet less than once each year.

(5) The Director of the Foreign Service Institute, through the Director General, will keep members of the Committee currently informed of significant developments in the planning and operation of the Institute. (DR-OR 5, approved June 20, 1947, 12 FR. 4175]

$ 1.2551 Committee of Expert ELaminers-(a) Establishment. A Committee of Expert Examiners is established in the Department of State, in accordance with written agreement entered into by the Civil Service Commission and the Department, for the purpose of conducting examinations and filling scientific, professional (except legal), and technical positions peculiar to the Department service.

(b) Functions. The Committee shall:

(1) Determine what examinations are necessary.

(2) Establish Panels of Experts and designate members to serve thereon, subject to the approval of the Civil Service Commission, to assist in carrying out the examination program.

(3) Coordinate the activities of the Panels.

(4) Direct and review the work of the Panels.

(5) Promote the educational program relating to examinations.

(6) Represent the Secretary of State in negotiations with the Civil Service Commission respecting the examination program.

(c) Membership. (1) Membership of the Committee shall consist of not less than three officers or employees of the Department, each of whom must be outstanding in one of the scientific, professional, or technical fields for which examinations are to be held.

(2) All members shall be nominated by the Division of Departmental Personnel, approved by the Secretary of State, and subsequently acknowledged by the Civil Service Commission,

(3) The Chairman, designated by the Secretary of State, shall provide executive direction to the work for which the Committee is responsible.

(4) The Executive Secretary, designated by the Chief of the Division of

Departmental Personnel, shall serve as a consultant and adviser to the Committee and shall assist in the coordination of the activities.

(d) Policies governing the work of the Committee. (1) No member of the Committee or Panels of Experts shall participate in any work of the Committee for which he or a relative is or may become an applicant.

(2) The work performed by members of the Committee or Panels of Experts shall be considered as part of their official duties, and adequate time shall be allowed for performance of such duties. [DR-OR 4, approved May 22, 1947, effective June 10, 1947, 12 F.R. 3762)

CODIFICATION: In $ 2.9 (p) the entry "Division of Map Intelligence and Cartography" was changed to "Map Division", by Departmental Regulation 108.40, Secretary of State, Jan. 20, 1947, effective Feb. 4, 1947, 12 F.R. 791, 885.

In paragraph (m) the entry "Division of Training Services” was changed to read "Foreign Service Institute", by Departmental Regulation 108.42, Secretary of State, effective March 7, 1947, 12 F.R. 1545.

PART 2/FUNCTIONS [SUPER

SEDED] CODIFICATION: Part 2 was superseded by a new Part 1, 12 FR. 2356. Prior to its supersedure, Part 2 was amended in the following respects during the period covered by this Supplement: Sec. 2.9 Offices of the Department. (Amended)

$ 2.9 Offices of the Department.

PART 3-PROCEDURES IN GENERAL

[REVISED) CODIFICATION: The heading of Part 3 was changed to read as set forth above, by Departmental Regulation 108.57, Acting Secretary of State, Nov. 25, 1947, effective Dec. 2, 1947, 12 F.R. 8022.

$ 3.1 Where procedural material may be found. In general, the procedures essential to compliance with the regulations of the Department and the Foreign Service are incorporated in the texts of the substantive regulations comprising Subchapters B et seq. of this chapter. (R.S. 161; 5 U.S.C. 22) [Dept. Reg. 108.57, Nov, 25, 194, effective Dec 2, 1947, 12 F.R. 8022]

Subchapter B–The Department

PART 10-PROCEDURE FOR THE

HANDLING AND SETTLEMENT OF
CERTAIN TORT CLAIMS COGNIZA-
BLE UNDER THE FEDERAL TORT
CLAIMS ACT AND THE SMALL
CLAIMS ACT, AND OF CLAIMS
COGNIZABLE ONLY UNDER THE

ACT OF JUNE 19, 1939 [ADDED] Sec. 10.1 Purpose. 10.2 Delegation of authority for adjudica.

tion and settlement of claims.

Subpart A-General Provisions 10.3 Definitions. 10.4 Action by claimant. 10.5 Approval of claim. 10.6 Acceptance of settlement by claimant.

Subpart B-Federal Tort Claims Act 10.7 General. 10.8

Allowable claims. 10.9

Exclusions. 10.10 Application to claims not previously

adjusted. 10.11 Statute of limitations. 10.12 Payment of claims. 10.13 Withdrawal of claim. 10.14 Attorneys' fees. 10.15 Questions of law,

Subpart C-Small Claims Act Sec. 10.16 General. 10.17 Exclusion, 10.18 Statute of limitations. 10.19 Payment of claim.

Subpart D-Act of June 19, 1939 10.20 General. 10.21 Exclusion. 10.22 Statute of limitations. 10.23 Action by claimant. 10.24 Payment of claim.

AUTHORITY: $ $ 10.1 to 10.24, inclusive, issued under R.S. 161, sec. 2, 42 Stat. 1066, 53 Stat. 841, 60 Stat. 842; 5 U.S.C. 22, 31 U.S.C. 215–217, 22 U.S.C. 277e, 28 U.S.C. 921,

SOURCE: $$ 10.1 to 10.24, inclusive, contained in Departmental Regulation 108.53, Acting Secretary of State, effective Nov. 1, 1947, 12 F.R. 7108.

§ 10.1 Purpose. The purpose of this part is to delegate authority to settle claims for personal injury or property damage under the Federal Tort Claims Act (60 Stat. 842; 28 U. S. C. Sup. 921) and the Small Claims Act (42 Stat. 1060; 31 U.S. C. 215-217), and claims for property damage under the act of June 19, 1939 (53 Stat. 841; 22 U. S. C. 277e), and to establish and provide the exclusive

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authorization and procedure whereby claims arising from the negligent or wrongful acts or omissions of employees of the Department of State or of the United States Section, International Boundary and Water Commission, United States and Mexico, and claims for property damage not based on negligence and cognizable under the act of June 19, 1939, may be considered, adjusted, determined, or settled within the Department or the Commission.

$ 10.2 Delegation of authority for adjudication and settlement of claims. The Legal Adviser is hereby authorized to settle all claims cognizable, as the case may be, under the Federal Tort Claims Act (60 Stat. 842; 28 U. S. C. Sup. 921) or the Small Claims Act (42 Stat. 1060; 31 U. S. C. 215–217), arising out of the negligent or wrongful acts or omissions of employees of the Department in accordance with the authority vested in the Secretary pursuant to those acts, except those claims arising out of the negligent or wrongful acts or omissions of employees of the Commission. The Commissioner is authorized to settle those claims which arise out of the negligent or wrongful acts or omissions of employees of the Commission, and claims for property damage not based on negligence cognizable under the act of June 19, 1939. The approval or disapproval, in whole or in part, of any claim by the approving authority constitutes final action in the case so far as the Department or the Commission is concerned, and no further review in the Department or in the Commission may be obtained.

Subpart A-General Provisions $ 10.3 Definitions. As used in this part:

(a) The word "Secretary” refers to the Secretary of State.

(b) The word “Department” refers to the Department of State, its offices, bureaus, and divisions and its Foreign Service establishments abroad.

(c) The word "Commission” refers to the United States Section, International Boundary and Water Commission, United States and Mexico.

(d) The word “Legal Adviser” refers to the Legal Adviser of the Department of State, or his designee.

(e) The word “Commissioner” refers to the United States Commissioner, In

ternational Boundary and Water Commission, United States and Mexico.

(f) The word "employee" includes officers or employees of the Department or of the Commission, and persons acting on behalf of the Department or of the Commission in an oficial capacity, temporarily or permanently in the service of the Department or of the Commission, whether with or without compensation.

(g) The words "approving authority" refer to the Legal Adviser or to the Commissioner, as the case may be.

§ 10.4 Action by claimant. (a) Claims for damage to, or loss of, property, or for personal injury or death. Claims for damage to, or loss of, property or for personal injury or death may be presented by the individual or firm sustaining injury or damages in his or its own right, by a duly-authorized agent or legal representative, or by an attorney. The claim, if filed by an agent or legal representative, must show the title or capacity of the person presenting the claim and must be accompanied by evidence of the appointment of such person as agent, executor, administrator, guardian, or other fiduciary.

(b) Form of claim. Claims should be submitted by presenting, in duplicate, a statement in writing setting forth the claimant's name and address; the amount of the claim; the detailed facts and circumstances surrounding the accident or incident, indicating the date and the place; the property and persons involved; the nature and extent of the damage, loss, or injury; and the office, bureau, division, or Foreign Service establishment of the Department, or the Commission, which was the cause or occasion thereof, if known. Where damage to property is involved, there should be a statement as to the ownership of the property, whether liens exist thereon, and, if so, the nature of and amount of the lien and the names and addresses of the lienholders. If the loss is covered by any insurance, there should be a statement thereof; and if, under the terms of the insurance contract, the insurer is subrogated in whole or in part to the claim of the insured, the insurer should be made a party to the claim. The claimant may, if he desires, file a brief with his claim setting forth the law or other arguments in support of his claim. In cases involving several claims

arising from a single accident or incident, individual claims should be filed.

(c) Place of filing claim. Claims should be submitted directly to the head of the office, bureau, division, or Foreign Service establishment of the Department, or of the Commission, out of whose activities the accident or incident occurred, if known; or, if not known, to the Legal Adviser, Department of State, Washington 25, D. C.; or United States Commissioner, International Boundary and Water Commission, United States and Mexico, P. O. Box 1859, El Paso, Texas, as the case may be.

(d) Evidence to be submitted by claimant-(1) General, The amount claimed for damage to or loss of property or for personal injury or death should be substantiated by competent evidence. All statements or estimates required to be submitted by the following subparagraphs should, if possible, be by disinterested competent witnesses, and, in the case of property, preferably reputable dealers or persons familiar with the type of property damaged. Such statements and estimates should be certified as just and correct; and, if payment has been made, itemized receipts evidencing such payment should be included.

(2) Damage to personal property. In support of claims for damage to personal property which has been or can be economically repaired, the claimant should submit an itemized receipt if payment has been made or an itemized estimate of the cost of repairs. If the property is not economically reparable, a statement as to depreciation in value should be included; or if the property is lost or destroyed, the value of the property at the time of loss or destruction should be stated, together with the date of acquisition and the purchase price.

(3) Personal injury. In support of claims for personal injury or death, the claimant should submit a written report by the attending physician, showing the nature and extent of injury, the nature and extent of treatment, the degree of permanent disability, if any, the prognosis, and the period of hospitalization or incapacitation, attaching itemized bills for medical, hospital, or burial expenses actually incurred.

(4) Damage to real property. In support of claims for damage to land, trees, buildings, fences, and other improvements, and similar property, the claimant should submit an itemized receipt,

if payment has been made, or an itemized signed statement or estimate of the cost of repairs. If the property is not economically reparable, a statement as to its value both before and after the accident should be included. If the damages to improvements can be readily and fairly valued apart from the damage to the land, the damage to such improvements should be stated separately from the damage to the land. The value of such improvements at the time of loss or destruction should be stated, as well as the date the improvements were made and the original cost of such improvements.

(5) Damage to crops. In support of claims for damage to crops, the claimant should submit an itemized signed statement showing the number of acres, or other unit measure, of the crops damaged, the normal yield per unit, the gross amount which would have been realized from such normal yield and an estimate of the costs of cultivating, harvesting, and marketing such crops. If the crop is one which need not be planted each year, the diminution in value of the land beyond the damage to the current year's crop should also be stated.

(6) Claims of subrogees and lienholders. The rights of subrogees or lienholders will be determined according to the law of the jurisdiction in which the accident or incident occurred.

(7) Signatures. The claim and all other papers requiring the signature of the claimant should be in affidavit form signed by the claimant personally or by a duly-autþorized agent or legal representative. The claim should also be signed by the insurance company as one of the claimants, where the claim is covered by insurance in whole or in part and the contract of insurance contains a provision for the subrogation of the insurance company to the rights of the insured, in accordance with paragraph (b) of this section. Section 35 (A) of the Criminal Code (sec. 35, 35 Stat. 1095; 18 U. S. C. 80) imposes a fine of not more than $10,000 and imprisonment of not more than 10 years, or both, for presenting false claims or making false or fraudulent statements or representations in connection with making claims against the Government. A civil penalty or forfeiture of $2,000 plus double the amount of damages sustained by the United States is provided for presenting false or fraudulent claims (see R.S. 3490, 5438; 31 U. S. C. 231).

§ 10.5 Approval of claim. Claims under this part are approved, or disapproved, in whole or in part, by the Legal Adviser, after transmittal to him, with recommendations, by the head of the office, bureau, division, or Foreign Seryice establishment of the Department out of whose activities the accident or incident arose. Claims under this part arising out of the activities of the Commission are approved or disapproved, in whole or in part, by the Commissioner.

$ 10.6 Acceptance of settlement by claimant. The acceptance of the settlement by the claimant shall be final and conclusive on the claimant, and shall constitute a complete release by the claimant of any claim against the Government and against the employee of the Government whose act or omission gave rise to the claim, by reason of the same subject-matter.

Subpart B-Federal Tort Claims Act

§ 10.7 General. The Federal Tort Claims Act (60 Stat. 842; 28 U.S.C. 921) conferred upon the head of each Federal agency, or his designee, acting on behalf of the United States, authority to ascertain, adjust, determine, and settle certain claims against the United States for money only, accruing on and after January 1, 1945.

§ 10.8 Allowable claims. Claims are payable by the Department or by the Commission under the Federal Tort Claims Act and this subpart, on account of damage to or loss of property or on account of personal injury or death, where the total amount of the claim does not exceed $1,000, 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 to the claimant for such damage, loss, injury, or death, in accordance with the law of the place where the act or omission occurred. The Department or the Commission does not have legal authorization to consider administratively claims in excess of $1,000 which are otherwise cognizable under the Federal Tort Claims Act. The claimant's remedy, if any, in such cases is by suit in the United States District Court for the district wherein the act or omission complained of occurred,

including the United States District Courts for the Territories and possessions of the United States.

10.9 Exclusions. As provided in section 421 of the Federal Tort Claims Act, claims, among others, not payable under that act and this subpart include:

(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 em-: ployee 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 an act or omission of any employee of the Government in administering the provisions of the Trading-with-the-Enemy Act, as amended.

(d) Any claim for damages caused by the imposition or establishment of a quarantine by the United States.

(e) Any claim arising from injury to vessels, or to the cargo, crew, or passengers of .vessels, while passing through the locks of the Panama Canal or while in Canal Zone waters.

(f) 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.

(g) Any claim arising in a foreign country.

§ 10.10 Application to claims not previously adjusted. The provisions of this subpart shall apply to all claims otherwise within its scope, not heretofore adjusted, including claims formerly payable under provisions of laws and regu. lations now superseded, arising out of accidents or incidents occurring on or after January 1, 1945. Claims arising out of accidents or incidents occurring prior to January 1, 1945, or claims not cognizable under this subpart, including, among others, claims arising in foreign countries, will be settled under the provisions of the Small Claims Act, the act of December 28, 1922 (42 Stat. 1066; 31 U.S. C. 215–217). See Subpart C of this part. Claims for damage to lands or other private property of any kind by

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