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, not based upon the negligence or wrongful act or omission of any employee of the United States while acting within the scope of his office or employment, will be settled under the provisions of the act of June 19, 1939 (53 Stat. 841; 22 U.S. C. 277e). See Subpart D of this part.

§ 10.11

Statute of limitations. Claims under the Federal Tort Claims Act and under this subpart must be presented in writing to the Department or to the Commission, as the case may be, within one year after the claim accrued, or by August 2, 1947, whichever is later.

§ 10.12 Payment of claims. When an award is made, the Legal Adviser or the Commissioner, as the case may be, will transmit the file on the case to the appropriate fiscal office for payment out of funds appropriated, or to be appropriated, for the purpose. Claims under the Federal Tort Claims Act shall be paid in accordance with the provisions of General Regulations No. 110, General Accounting Office, February 12, 1947.

§ 10.13 Withdrawal of claim. A claimant may, in accordance with the provisions of section 410 (b) of the Federal Tort Claims Act, withdraw his claim from consideration upon fifteen days' notice in writing to the Legal Adviser or to the Commissioner, as the case may be.

§ 10.14 Attorneys' fees. In accordance with section 422 of the Federal Tort Claims Act, reasonable attorneys' fees may be paid under this subpart out of, but not in addition to, the amount of the award or settlement. If the award or settlement is $500 or less, reasonable attorneys' fees, but not in excess of $50, may be allowed. If the award is $500 or more, reasonable attorneys' fees, but not in excess of 10 percent of the amount of the award or settlement, may be allowed. Attorneys' fees under this paragraph may be fixed only on written request of either the claimant or his attorney.

§ 10.15 Questions of law. Questions of reasonable care, scope of employment, proximate cause, joint tort-feasors, contributory negligence, negligence per se, subrogation, the allowance of damages for pain and suffering, and other ques

tions of law will be determined by the law of the place where the accident or incident occurred.

Subpart C-Small Claims Act

§ 10.16 General. The act of December 28, 1922 (42 Stat. 1060; 31 U. S. C. 215-217), the so-called Small Claims Act, authorized the head of each department and establishment to consider, ascertain, adjust, and determine claims of $1,000 or less for damage to, or loss of, privately owned property caused by the negligence of any officer or employee of the Government acting within the scope of his employment. The Federal Tort Claims Act superseded the Small Claims Act with respect to claims that are allowable under the Federal Tort Claims Act. However, with respect to claims that are not allowable under the Federal Tort Claims Act, for example, claims arising in foreign countries, claims are allowable under the Small Claims Act. The Federal Tort Claims Act specifically exempts from its provisions claims arising in foreign countries. Hence, since exempted under the Federal Tort Claims Act, these claims are considered still allowable under the Small Claims Act.

§ 10.17 Exclusion. The following claims are not cognizable under the Small Claims Act and this subpart:

(a) Claims which are cognizable under the Federal Tort Claims Act, (b) Claims which are cognizable under the act of June 19, 1939. See Subpart D of this part.

Claims

§ 10.19 Payment of claim. cognizable under this subpart, upon approval, in whole or in part, shall be forwarded to the Bureau of the Budget for inclusion in an appropriation bill. After enactment of the bill by the Congress, the appropriate fiscal office of the Department or of the Commission shall make arrangements for payment.

Subpart D-Act of June 19, 1939

§ 10.20 General. 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 one 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, September 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, January 6, 1947). Hence claims cognizable under the act of June 19, 1939, are limited to claims for damages accruing after March 31, 1937; (1) 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; (2) where such claims do not exceed $1,000; and (3) which claims are not based upon the negligence of any officer or employee of the Government acting within the scope of his employment.

§ 10.21 Exclusion. Claims which are cognizable under the Federal Tort Claims Act or the Small Claims Act are not cognizable under the act of June 19, 1939 and this subpart.

§ 10.22 Statute of limitations. No claim will be considered by the Commissioner under this subpart unless filed with him within one year after the damage is alleged to have occurred.

§ 10.23 Action by claimant. The provisions of § 10.4 shall be applicable to claims for damages cognizable under this subpart, except those provisions relating to personal injury or death.

§ 10.24 Payment of claim. 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 Commissioner. 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. PART 28-PAYMENTS TO AND ON BEHALF OF PARTICIPANTS IN THE CULTURAL COOPERATION PROGRAM

CROSS REFERENCE: For institution of program of training Philippine citizens in work of the Coast and Geodetic Survey, making effective the provisions of Part 28 to govern payments to persons employed, see particularly § 5.3 of Title 15, Subtitle A, supra.

PART 31-PASSPORTS; APPLICATIONS AND RENEWALS

NOTE: Former Part 31 (22 CFR Part 31) was combined with Part 33, and redesignated §§ 33.101-33.135. See 22 CFR, Cum. Supp., Part 33 note.

33.150 33.151

33.152

33.153

33.154

33.155

Application and evidence.
Consent of parent or guardian.
Passport to include only one person.
Restriction upon validity.

Cancellation of passport.

Statement as to purpose of passport. 33.156 Fee for issue of passport.

AUTHORITY: §§ 33.150 to 33.156, inclusive, issued under sec. 4, Pub. Law 31, 80th Cong., 61 Stat. 38.

SOURCE: §§ 33.150 to 33.156, inclusive, contained in Departmental Regulation 108.45, approved by the Secretary of State, April 30, 1947, 12 F.R. 3064.

NOTE: Departmental Regulation 108.45, approved by the Secretary of State, April 30, 1947, 12 F.R. 3064, provides that §§ 33.150 to 33.156, inclusive, shall expire on October 16, 1947.

§ 33.150 Application and evidence. Any bona-fide Scout or Scouter of the Boy Scouts of America who is a national of the United States and who desires to attend the World Jamboree to be held in France, 1947, must execute an application for a passport in accordance with the regulations, of the President in this part (§§ 33.1 to 33.78, inclusive) comprising rules governing the granting and issuing of passports in the United States prescribed by Executive Order 7856 of March 31, 1938. Such application must be executed before a clerk of a Federal court or a State court authorized by the act of Congress of October 14, 1940 (54 Stat. 1137; 8 U. S. C. 907), to naturalize aliens, or before an agent of the Department of State in Washington, D. C.; New York, N. Y.; or San Francisco, Calif. In addition to complying with the requirements of such rules, each such Scout or Scouter shall submit to the Department of State a certificate issued by a responsible officer of the National Council, Boy Scouts of America, as to his qualification to attend the World Jamboree of Boy Scouts. No fee shall be charged by a Federal official for the execution of an application for a passport of such person.

$33.151 Consent of parent or guardian. The consent of a parent or other guardian of a Boy Scout or Scouter under the age of 21 years will be assumed in the absence of a specific request by the parent or other guardian to the Department that a passport be denied the minor.

§ 33.152 Passport to include only one person. A passport, when issued, shall not include any person other than the one who executed the application and whose qualification to attend the World Jamboree is certified to by the National Council, Boy Scouts of America.

§ 33.153 Restriction upon validity. Each passport issued under the regulations in §§ 33.150 to 33.156, inclusive, shall be restricted in validity to a period not later than October 15, 1947.

§ 33.154 Cancellation of passport. (a) Upon the return to the United States from the World Jamboree each passport issued under the regulations in § 33.150

辱

PART 44-USE OF ORIGINAL RECORDS OF THE DEPARTMENT OF STATE [REVISED]

Sec. 44.1

44.2

Use of records by bfficials of the United States Government, except officers of the Department of State.

Use of records by persons who are not officials of the United States Government.

44.3 Liberal interpretation of regulation. AUTHORITY: §§ 44.1 to 44.3 inclusive issued under R. S. 161, 27 Stat. 395; 5 U. S. C. 22, 20 U. S. C. 91.

SOURCE: §§ 44.1 to 44.3, inclusive, contained in Departmental Regulation 108.47, Assistant Secretary of State, July 1, 1947, 12 F.R. 4450.

§ 44.1 Use of records by officials of the United States Government, except officers of the Department of State. The use of the records of the Department of State by Government officials, exclusive of those processed through liaison channels of the Division of Communications and Records and the Office of Intelligence Collection and Dissemination, will be subject to such conditions as the chiefs of the appropriate policy divisions of the Department, in consulation with the Chief of the Division of Historical Policy Research, may deem it advisable to prescribe.

§ 44.2 Use of records by persons who are not officials of the United States Government—(a) Unpublished files

and records of the Department prior to January 1, 1922. The unpublished files and records of the Department prior to January 1, 1922, are, with certain exceptions, such as records relating to the citizenship of individuals, unsettled claims, and foreign service inspection and personnel records, available for inspection by the general public at the National Archives, subject to its regulations. On January 1, 1948, and each year thereafter until January 1, 1955, this date will be automatically advanced one year. The unpublished files and records of the Department in the period between the open date and January 1, 1933, or such subsequent date as may be fixed by the Department, may be made available for consultation to persons who are not officials of the United States Government, subject to the following conditions:

(1) Files which are in current use in the Department or which cannot be made public without the disclosure of confidences reposed in the Department, or without adversely affecting the public interest, will not be made available to inquirers.

(2) Papers received by the Department from a foreign government which have not been released for publication by that government will not be made available to inquirers without the consent of the government concerned. If there is reason to believe that a foreign government may be willing to permit the use of the papers in question under certain conditions, the permission may, at the discretion of the appropriate officials of the Department, be requested. (If such permission is requested, the expenses of communicating with the foreign government will be met by the person desiring to consult the papers.)

(3) Permission to consult the records of the Department between the open date and January 1, 1933, or such subsequent date as may be fixed by the Department, may be granted, subject to the limitations set forth in the regulations in this part, to such persons as lawyers, publicists, and qualified scholars: Provided, That:

(i) The applicants satisfy the Department that they have an important and definite use for the information desired.

(ii) The applicants confine their requests for material to specific subjects

or particular papers. The Department is not in a position to assemble large quantities of papers for persons not officials of the United States Government.

(iii) The applicants agree to utilize records made available to them subject to such conditions as the Department may find it necessary to prescribe.

(4) An application from an alien to consult the records of the Department under the regulations in this part, will be considered only if such an application is accompanied by a letter from the head of the embassy or legation at Washington of the country of which the alien is a citizen, subject, or national. Such a letter will show that the applicant is favorably known to the appropriate embassy or legation, and that the mission is familiar with the applicant's work. The Department, however, reserves the right, without prejudice, to refuse permission to consult its original records to any alien applicant.

(5) All applications to consult the records of the Department between the open date and January 1, 1933, or such subsequent date as may be fixed by the Department, will be referred to the Chief of the Division of Historical Policy Research. If the Chief of the Division of Historical Policy Research is of the opinion that the applicant possesses the requisite qualifications as set forth in the regulations in this part, such application will be handled as follows:

(i) Documents or papers previously released or published, and unpublished papers clearly involving no question of policy, intelligence, or security may be made available to qualified applicants by the Chief of the Division of Historical Policy Research without reference to other officials.

(ii) Material or information bearing a security classification originating with another Government agency will not be made available unless specific approval is obtained from the agency of origin.

(iii) In the case of requests for all other material, information, or documents, the Chief of the Division of Historical Policy Research will inform the chief of the policy division charged with the consideration of questions in the field which is the object of research or inquiry of the nature and precise limits of the proposed research and the papers involved.

(iv) If the chief of policy division concerned determines that the applicant will be permitted to use all or part of the papers desired, he will inform the Chief of the Division of Historical Policy Research of the conditions under which the papers may be examined—that is, whether copies may be made of the relevant documents or whether cnly notes may be taken and whether the copies or notes may be published in whole or in part, or used only for background information; or any other conditions which the chief of policy division may deem it advisable to prescribe. This decision will be final except in cases of unusual importance where the question may be referred to the Under Secretary.

(v) Upon receiving the decision of the chief of the policy division setting forth the conditions deemed advisable and necessary to prescribe, the Chief of the Division of Historical Policy Research will arrange for the applicant to consult the files subject to the conditions decided upon.

(vi) After the applicant has consulted the papers, he will submit to the Chief of the Division of Historical Policy Research all notes, copies of documents, and the like, which he has made. These materials will be examined by the Chief of the Division of Historical Policy Research or submitted to the chief of the policy division, if he so desires.

(vii) After such examination the papers may be transmitted to the applicant by the Chief of the Division of Historical Policy Research or retained at the discretion of the chief of the division concerned.

(b) Unpublished files or records of the Department of a date later than January 1, 1933, etc. The unpublished files or records of the Department of a date later than January 1, 1933, or such subsequent date as may be fixed by the Department, may not be made available to persons who are not officials of the United States Government except in circumstances which have been determined to be exceptional in accordance with the principles and procedures set forth below:

(1) A determination to permit access to persons other than officials of the United States Government to the unpublished files and records of the Department during the closed period as defined above may be made only on the grounds

that the interests of national policy are served thereby.

(2) Such a determination will be made by a Committee on the Use of Departmental Files, consisting of the Chief of the Division of Historical Policy Research, who shall be Chairman, a representative of the Division of Security and Investigation, and a representative of the offices responsible for the political and/or economic policy involved. The Chief of the Division of Historical Policy Research shall designate an Executive Secretary to serve the Committee.

(3) All requests by persons outside the United States Government for permission to use Departmental files in the closed period must be made in writing, with full justification, to the Chief of the Division of Historical Policy Research who will refer the request to the Committee for decision and transmit the Department's decision to the applicant.

(4) Should the Committee fail to arrive at a unanimous agreement as to the policy or its application to particular cases, the matter will be referred, fully documented, to the Under Secretary for decision.

§ 44.3 Liberal interpretation of regulation. It is the policy of the Department that its records be made available to persons not officials of the United States Government as liberally as circumstances permit.