§ 23.5 Claims for settlement by Department of State or General Accounting Office.

Claims for settlement by the Department of State or by the General Accounting Office shall be submitted to the Department in duplicate over the handwritten signature, together with the post office address of the claimant, and with appropriate recommendations of the officer of the Foreign Service, for items such as:

(a) Refunds of amounts representing payroll deductions such as for any retirement and disability fund;

(b) Amounts due deceased, incompetent, or insolvent persons including payees or bona fide holders of unpaid Government checks;

(c) Amounts claimed from the Government when questions of fact affect either the amount payable or the terms of payment, when for any reason settlement cannot or should not be affected at the Foreign Service office; and

(d) Amounts of checks, owned by living payees or bona fide holders, which have been covered into outstanding liabilities. The Foreign Service post or the Department of State shall be consulted before preparing the claim to ascertain whether any special form is required to be used. Claims for unpaid compensation of deceased alien employees shall be forwarded to the respective Foreign Service post.

PART 31-ADMINISTRATIVE SETTLEMENT OF TORT CLAIMS AND CERTAIN PROPERTY DAMAGE CLAIMS

Sec.

31.1 Purpose.

and to authorize certain officers of the Department of State and of the U.S. Section, International Boundary and Water Commission, United States and Mexico, to consider, ascertain, adjust, determine, and settle such claims.

§ 31.2 Delegation of authority.

The Legal Adviser, the Deputy Legal Advisers and the Assistant Legal Adviser are authorized to consider, ascertain, adjust, determine, compromise, and settle claims capable of administrative settlement under the Federal Tort Claims Act and the act of August 1, 1956, except claims arising out of activities of the Commission and except that the Assistant Legal Adviser may only award, compromise or settle claims in the amount of $2,500 or less. Awards in excess of $25,000 require approval by the Attorney General or his designee. Chief's of mission and principal officers of fiscal reporting posts are authorized to consider, ascertain, adjust, determine and settle claims in an amount of $1,000 or less which are capable of administrative settlement 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.

[32 FR 4020, Mar. 14, 1967, as amended at 52 FR 43193, Nov. 11, 1987]

Subpart A-General Provisions

§ 31.3 Definitions.

As used in this part, the term: (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. It does not include any contractor with the United States.

(c) "Commission" means the U.S. 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 Advisers" means the Deputy Legal Advisers 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.

(h) "Commissioner" means the U.S. Commissioner, International Boundary and Water Commission, United States and Mexico.

(i) "Employee" includes any officer or employee of the Department or the Commission, or any person acting on behalf of the Department or the Commission in an official capacity, temporarily or permanently in the service of the Department or the Commission, whether with or without compensation. It does not include the employee of a contractor with the United States.

(j) "Assistant Legal Adviser" means the Assistant Legal Adviser for International Claims and Investment Disputes of the Department of State.

[32 FR 4020, Mar. 14, 1967, as amended at 52 FR 43193, Nov. 11, 1987]

§ 31.4 Action by claimant.

(a) Claimant. Claims for property loss or damage may be filed by the owner of the property, his or her duly authorized agent or legal representative, or survivors. A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the parties individually as their respective interests appear, or jointly. Claims for personal injury may be filed by the injured person, his or her duly authorized agent or legal representative. Claims for death may be filed by the executor or administrator of the decedent's estate, or by any other person legally

or beneficially entitled to assert such claim in accordance with applicabl local law governing the rights of surv vors. When filed by an agent or lega representative, the claim must be pre sented in the name of the real claim ant, be signed by the agent or lega representative, show the title or lega capacity of the person signing and b accompanied by evidence of his or he authority to present a claim on behal of the claimant as agent, legal repre sentative, executor, administrato parent, guardian, or other legal repre sentative.

(b) Form of claim. Claims arising i the United States and in the Territo ries and possessions of the Unite States should be prepared, in dupli cate, on the standard form, "Claim fo Damage or Injury," promulgated by the Bureau of the Budget. Copies o this form will be furnished upon a re quest to the Department or the Com mission, as the case may be. All infor mation requested therein should be given in detail. It is especially important that the amount claimed for property damage and for personal injury be indicated in the spaces provided. Claims arising in foreign coun tries should be prepared in form of a sworn statement and submitted in du plicate. The original copy of the claim should be sworn to or affirmed before an official with authority to adminis ter oaths or affirmations and should contain the following information, at least: (1) The name and address of the claimant; (2) the amount claimed for injury or death and for property loss or damage; (3) if property was lost or damaged, the amount paid or payable by the insurer and the name of the insurer; (4) the facts and circumstances in detail giving rise to the claim including the date, place and time of the accident or incident; (5) if property was involved, a description of the same and of the nature and extent of the damage and of the cost of repair or replacement; (6) if personal injury was involved, the nature of the injury, the cost of medical services and time and income lost from incapacitation; (7) if death is involved, the names and ages of the claimants and their relationship to the decedent; (8) the name of the employee of the United States who is

alleged to be responsible for the accident or incident and the name and address of the Foreign Service establishment by whom he or she is or was employed; (9) the names and addresses of any witnesses to the accident or incident; and (10) if desired, the law applicable to the claim.

(c) Place of filing claim. Claims should be submitted directly to 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 Assistant Legal Adviser for International Claims and Investment Disputes, L/CID, Department of State, Washington, D.C. 20520.

(d) Evidence and information to be submitted by claimant—(1) General. The amount claimed on account of damage to or loss of property or on account of personal injury or death should, so far as possible, be substantiated by competent evidence. Supporting statements, estimates and the like should, if possible, be obtained from disinterested parties. All evidence should be submitted in duplicate. Original evidence or certified copies should be attached to the original copy of the claim, and simple copies should be attached to the other copy of the claim. All documents in other than the English language should be accompanied by English translations.

(2) Death. In support of a claim based on death, the claimant should submit the following evidence or information to the extent necessary to substantiate the elements of the claim:

(i) An authenticated death certificate or other competent evidence showing cause of death, date of death, and age of the decedent.

(ii) Decedent's employment or occupation at time of death, including his or her monthly or yearly salary or earnings (if any), and duration of his or her last employment or occupation.

(iii) Full names, addresses, birth dates, kinship, and marital status of the decedent's survivors, including identification of those survivors who were dependent for support upon the decedent at the time of his or her death.

(iv) Degree of support afforded by the decedent to each survivor dependent upon him or her for support at the time of his or her death.

(v) Decedent's general physical and mental condition before death.

(vi) Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payment for such expenses.

(vii) 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 the decedent's physical condition in the interval between injury and death.

(viii) 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.

(3) Personal injury. In support of a claim for personal injury, including pain and suffering, the claimant should submit the following evidence or information to the extent necessary to establish the elements of the claim.

(i) A written report by his or her 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 by the Department 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 or she has, upon request, furnished the report referred to in the first sentence of this paragraph and has made or agrees to make available to the Department any other physician's reports previously or thereafter made of the physical or mental condition which is the subject matter of his or her claim.

(ii) Itemized bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such expenses.

(v) If a claim is made for loss of income and the claimant is self-employed, documentary evidence showing the amount of earnings actually lost.

(vi) 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.

(4) Damage to personal property. In support of a claim for damage to, or loss or destruction of personal property, the claimant should submit the following evidence or information to the extent necessary to substantiate the elements of the claim:

(i) Proof of ownership, in cases where doubt exists that claimant was the owner.

(ii) A detailed statement of the amount claimed with respect to each item of property.

(iii) Where the property has been repaired, an itemized receipt, or where not repaired, itemized estimates of the cost of repairs by two reliable persons who specialize in such work.

(iv) Where the property is not economically repairable, a statement with respect to date of purchase, purchase price and salvage value, accompanied, where doubt exists, by the corroborative statements of two reliable qualified persons.

(v) Any other evidence or information which may have a bearing on either the responsibility of the United States for the damage or loss or the damages claimed.

(5) Damage to real property. In support of a claim for damage or destruction of real property, the claimant should submit the following evidence or information to the extent necessary to substantiate the elements of the claim:

(i) Proof of ownership.

(ii) A detailed statement of the amount claimed with respect to each item of the property.

(iii) Where the property has been repaired, an itemized receipt, or, where it has not been repaired, itemized estimates of the cost of repairs by two reliable persons who specialize in such work.

(iv) Where the property is not economically repairable, corroborative statements of two reliable qualified persons with regard to the value of the property before and after the incident and the cost of replacement.

(v) Any other evidence or information which may have a bearing on neither the responsibility of the United States for the damage or the damages claimed.

(6) Damage to crops. In support of a claim for damage to crops, the claimant should submit the following evidence or information:

(i) Proof of ownership of the crop.

(ii) An itemized signed statement showing the number of acres or other unit measure crop damaged, the probable yield per unit, the gross amount which would have been realized from such probable yield, and an estimate of the costs of cultivating, harvesting and marketing the crop; in addition, if the crop is one which need not be planted each year, a statement of the diminution in value of the land beyond the damage to the current year's crop.

(iii) Any other evidence or information which may have a bearing on either the responsibility of the United States for the damage or the damages claimed.

(22 U.S.C. 2658 and 3926)

[32 FR 4020, Mar. 14, 1967, as amended at 49 FR 16989, Apr. 23, 1984; 52 FR 43193. Nov. 11, 1987]