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access authorization to an individual, the individual's eligibility for access thorization may be reconsidered when there is a bona fide offer of employment requiring access to Restricted Data or defense information and either material and revelant new evidence, which the individual and his representatives are without fault in failing to present before, or convincing evidence of reformation or rehabilitation. Requests for reconsideration shall be submitted in writing to the General Manager through the Manager of Operations having jurisdiction over the position for which access authorization is required. Such requests shall be accompanied by an affidavit setting forth in detail the information referred to above. The General Manager shall cause the individual to be notified as to whether his eligibilty for access authorization will be reconsidered and, if so, the method by which such reconsideration will be accomplished:

(c) Where access authorization has been granted to an individual by a Manager of Operations without recourse to the procedures set forth in §§ 10.20 to 10.33, the individual's eligibility for access authorization shall be reconsidered only in a case where subsequent to the granting of the access authorization, new substantially derogatory information has been received or there is a significant increase in the scope or sensitivity of the Restricted Data or defense information to which the individual has, or will have access, and in any other case only with specific prior approval of the Director, Division of Security, AEC.

In the event the individual is no longer an applicant for access authorization or no longer requires access authorization the procedures of this part shall be terminated without a final determination as to his eligibility for access authorization.

§ 10.36 Attorney Representation.

In the event the individual is represented by an attorney or other such representative, the individual shall file with the AEC a document designating such attorney or representative and authorizing such attorney or representative to receive all correspondence, transcripts and other documents pertaining to the proceeding under this part.

§ 10.37 Certifications.

Whenever information is made a part of the record under the exceptions authorized by § 10.27 (m), (n), (o), and (p), the record shall contain certificates evidencing that the determinations required therein have been made.

§ 10.38 Washington Area cases.

In those cases which may arise involving individuals within the Washington Area of AEC operation, an Assistant General Manager designated by the General Manager shall discharge the functions and responsibilities assigned to Managers of Operations in these procedures.

PART 14-ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT

(a) These regulations shall apply only to claims asserted under the Federal Tort Claims Act, as amended, accruing on or after January 18, 1967, for money damages against the United States for injury to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Atomic Energy Commission while acting within the scope of his office or employment.

(b) The terms "Atomic Energy Commission" and "commission" as used in this part mean the agency established by the Atomic Energy Act of 1946, as

amended by the Atomic Energy Act of 1954, but do not include any contractor with the Atomic Energy Commission. Subpart B-Procedures

§ 14.2 Administrative claim; when presented; appropriate AEC office.

(a) For purposes of these regulations, a claim shall be deemed to have been presented when the Atomic Energy Commission receives, at a place designated in paragraph (b) of this section, an executed Standard Form 95 or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of property, for personal injury, or for death, alleged to have occurred by reason of the incident. A claim which should have been presented to the Commission, but which was mistakenly addressed to or filed with another Federal agency, shall be deemed to be presented to the Commission as of the date that the claim is received by the Commission. A claim mistakenly addressed to or filed with the Commission shall forthwith be transferred to the appropriate Federal agency, if ascertainable, or returned to the claimant.

(b) A claimant shall mail or deliver his claim to the office of employment of the Commission employee or employees whose negligent or wrongful act or omission is alleged to have caused the loss or injury complained of. Where such office of employment is Atomic Energy Commission Headquarters, or is not known and not reasonably ascertainable, claimant shall file his claim with the Office of the General Counsel, U.S. Atomic Energy Commission, Washington, D.C. 20545. In all other cases claimant shall address his claim to the Manager of the appropriate office indicated below, "Attention, Office of Chief Counsel":

(1) Amarillo Area Office, Post Office Box 1086, Amarillo, Tex. 79105.

(2) Albuquerque Operations Office, Post Office Box 5400, Albuquerque, N. Mex. 87115. (3) Brookhaven Office, Upton, N.Y. 11973. (4) Burlington Area Office, Post Office Box 561, Burlington, Iowa 52601.

(5) Canoga Park Area Office, Post Office Box 591, Canoga Park, Calif. 91305.

(6) Chicago Operations Office, 9800 South Cass Avenue, Argonne, Ill. 60439.

(7) Cincinnati Area Office, Post Office Box 39188, Cincinnati, Ohio 45239.

(8) Dayton Area Office, Post Office Box 66, Miamisburg, Ohio 45342.

(9) Grand Junction Office, Post Office Box 2567, Grand Junction, Colo. 81501.

(10) Honolulu Area Office, Post Office Box 580, Honolulu, Hawaii 96809.

(11) Idaho Operations Office, Post Office Box 2108, Idaho Falls, Idaho 83401.

(12) Kansas City Area Office, Post Office Bɔx 202, Kansas City, Mo. 64141.

(13) Los Alamos Area Office, Los Alamos, N. Mex. 87544.

(14) Nevada Operations Office, Post Office Box 1676, Las Vegas, Nev. 89101.

(15) New Brunswick Area Office, Post Office Box 150, New Brunswick, N.J. 08903.

(16) New York Operations Office, 376 Hudson Street, New York, N.Y. 10014.

(17) Oak Ridge Operations Office, Post Office Box E, Oak Ridge, Tenn. 37830. (18) Paducah Area Office, Post Office Box 1213, Paducah, Ky. 42001.

(19) Palo Alto Area Office, Post Office Box 2370, Stanford, Calif. 94305.

(20) Pinellas Area Office, Post Office Box 11500, St. Petersburg, Fla. 33733.

(21) Pittsburgh Naval Reactors Office, Post Office Box 109, West Mifflin, Pa. 15122.

(22) Puerto Rico Area Office, Post Office Box BB, Hato Rey, P.R. 00919.

(23) Richland Operations Office, Post Office Box 550, Richland, Wash. 99352.

(24) Rocky Flats Area Office, Post Office Box 928, Golden, Colo. 80401.

(25) St. Louis Area Office, Post Office Box 470, St. Charles, Mo. 63301.

(26) San Francisco Operations Office, 2111 Bancroft Way, Berkeley, Calif. 94704.

(27) Savannah River Operations Office, Post Office Box A, Aiken, S.C. 29801.

(28) Schenectady Naval Reactors Office, Post Office Box 1069, Schenectady, N.Y. 12301. § 14.3 Administrative claim; who may

file.

(a) A claim for injury to or loss of property may be presented by the owner of the property interest which is the subject of the claim, his duly authorized agent, or his legal representative.

(b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his legal representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent's estate or by any other person legally entitled to assert such a claim under applicable State law.

(d) 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 insurer or the insured individually, as their respective interests appear, or jointly. Whenever an insurer presents

a claim asserting the rights of a subrogee, he shall present with his claim appropriate evidence that he has the rights of a subrogee.

(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative. § 14.4

Investigation.

The Commission may investigate, or may request any other Federal agency to investigate, a claim filed hereunder. § 14.5

Administrative claims; evidence and information to be submitted. (a) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or information:

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

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

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

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

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

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

(7) 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.

(8) Any other evidence or information which may have a bearing on either the responsibility of the United States for

the death or the amount of damages claimed.

(b) Personal injury. In support of a claim for personal injury, including pain and suffering, the claimant may be required to submit the following evidence or information:

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

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

(3) If the prognosis reveals the necessity for future treatment, a statement of expected expenses for such treatment.

(4) If a claim is made for loss of time from employment, a written statement from his employer showing actual time lost from employment, whether he is a full or part-time employee, and wages or salary actually lost.

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

(6) 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.

(c) Property damage. In support of a claim for injury to or loss of property, real or personal, the claimant may be required to submit the following evidence or information:

(1) Proof of ownership of the property interest which is the subject of the claim.

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

(3) An itemized receipt of payment for necessary repairs or itemized written estimates of the cost of such 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.

§ 14.6 Authority to adjust, determine, compromise, and settle.

The authority to consider, ascertain, adjust, determine, compromise, and settle claims under the provisions of 28 U.S.C. 2672, as provided herein, is delegated to the General Manager and, under his direction and without power of redelegation, to the following Commission officers for their respective offices: The Deputy General Manager and the Assistant General Manager, Headquarters; the Manager and Deputy Manager, Chicago Operations Office, Idaho Operations Office, Oak Ridge Operations Office, New York Operations Office, Savannah River Operations Office, Albuquerque Operations Office, San Francisco Operations Office, Nevada Operations Office; the Manager, Richland Operations Office, Grand Junction Office, Brookhaven Office, Pittsburgh Naval Reactors Office, Schenectady Naval Reactors Office.

§ 14.7 Limitation on authority.

(a) An award, compromise, or settlement of a claim hereunder in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. For the purposes 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 hereunder only after consultation with the Department of Justice when, in the opinion of the Commission legal officer reviewing the claim:

(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 Commission 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 hereunder only after consultation with the Department of justice when the Commission is informed or is otherwise aware that the United States or an 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.

§ 14.8 Referral to Department of Jus

tice.

(a) When Department of Justic approval or consultation is required under § 14.7, the referral or request shall be transmitted to the Department of Justice by the General Counsel or his designee after review and approval by the General Manager or Deputy General Manager.

(b) When a Commission field office is processing a claim hereunder requiring Department of Justice approval or consultation, the referral or request shall be transmitted by the Chief Counsel for that office to the General Counsel in writing and shall contain (1) a short and concise statement of the facts and of the reasons for the referral or request, (2) copies of relevant portions of the claim file, and (3) a statement of the recommendations or views of the field office.

§ 14.9 Review by legal officers.

The authority to adjust, determine, compromise, and settle a claim hereunder shall be exercised by the Commission officer delegated responsibility therefor only after review by the General Counsel or his designee or by the appropriate Chief Counsel or his designee.

may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing of the notification. § 14.11 Action on approved claims.

(a) Payment of any claim approved hereunder, shall be contingent upon claimant's execution of (1) a Standard Form 1145, or (2) a claims settlement agreement or (3) a Standard Form 95, as appropriate. When a claimant is represented by an attorney, the voucher for payment shall designate both the claimant and his attorney as payees, 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 any award, compromise, or settlement made pursuant to the provisions of section 2672 or 2677 of Title 28, United States Code, shall be 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 shall constitute a complete release of any claim against the United States and against any employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter.