« PreviousContinue »
(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 Department 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 only after consultation with the Department of Justice when it is learned that the United States or an employee, agent or cost plus contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction.
than 6 months after the date of mailing of the notification. § 35.7 Payment of approved claims.
(a) Upon allowance of his claim, claimant or his duly authorized agen: shall sign the voucher for payn ent, Standard Form 1145, before payment is made.
(b) When the claimant is represented by an attorney, the voucher for payment (SF 1145) shall designate both the claimant and his attorney as “payees." The check shall be delivered to the attorney whose address shall appear
on the voucher. $ 35.8 Release.
Acceptance by the claimant, his agent or legal representative, of any award, compromise or settlement made hereunder, 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. § 35.9 Penalties.
A person who files a false claim or makes a false or fraudulent statement in a claim against the United States may be liable to a fine of not more than $10,000 or to imprisonment of not more than 5 years, or both (18 U.S.C. 287.1001), and, in addition, to a forfeiture of $2,000 and a penalty of double the loss or damage sustained by the United States (31 U.S.C. 231). 35.10 Limitation on Department's au.
thority, (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 Department:
PART 40—REIMBURSEMENT FOR
DAMAGE OR DESTRUCTION OF
FICERS AND EMPLOYEES
procedure; forms. 40.6 Reconsideration, 40.7 Review.
AUTHORITY: The provisions of this Part 40 Issued under sec. 509, 58 Stat. 711, as amended, sec. 5, 61 Stat. 751; 42 U.S.C. 227, 24 U.S.C. 185.
SOURCE: The provisions of this part 40 appear at 14 F.R. 3815, July 12, 1949, unless otherwise noted. § 40.1 Who are officers and employees.
"Officers and employees" means all of ficers and employees of the Public Health Service and all employees of Saint Elizabeths Hospital, including employees of any agency, bureau, establishment, or department of the Government while detailed or assigned to perform duties under the direction and control of the Service or the Hospital. § 40.2 Scope.
Any officer or employee whose personal belongings have been damaged or de
stroyed, while he was engaged in the performance of his official duties, by a patient shall be entitled to reimbursement for the cost of repair or replacement of such belongings. An officer or employee shall be entitled to reimbursement irrespective of whether the damage or destruction was intentional, deliberate, or accidental, but he shall not be entitled to such reimbursement if he has contributed materially to the damage or destruction by failure to exercise reasonable care or by action contrary to regulations or instructions applicable to him. § 40.3 Application for reimbursement.
No reimbursement shall be allowed unless application therefor is made in accordance with procedures prescribed pursuant to the regulations in this part and not later than one year from the date of the damage or destruction with respect to which reimbursement is claimed. $ 40.4 Amount of reimbursement.
Officers and employees entitled to reimbursement shall be reimbursed in an amount determined to be reasonably necessary to restore the personal belongings involved to the degree of usefulness which they had at the time of their damage or destruction, or, if the cost of such repair would exceed the cost of replacement, then to replace them. Irrespective of what may be determined to be so necessary, reimbursement shall not be allowed in an amount in excess of $300 unless the Superintendent or the Surgeon General or their authorized representatives shall approve the allowance, $ 40.5 Designation of board or commit.
tee; procedure; forms. The Surgeon General and the Superintendent shall each prescribe procedures and forms for implementing the provisions of the regulations in this part and shall respectively designate from among the personnel of the Service and the Hospital a board or committee, consisting of not less than three members each, to receive applications for reim. bursement and to allow reimbursement in accordance with the provisions of the regulations in this part. $ 40.6 Reconsideration.
Any determination shall be reconsidered by the board or committee mak
ing it if (a) the applicant requests reconsideration within six months from receipt of notice of the determination and (b) the applicant presents new evidence not previously discoverable by the exercise of reasonable diligence. Upon reconsideration, the board or committee shall make a new determination which shall supersede the original determination. $ 40.7 Review.
(a) An officer or employee who has applied for reimbursement in an amount exceeding $50 and is dissatisfied with the determination of the board or committee may request a review thereof by the Surgeon General or the Superintendent, who shall thereupon review such determination. In addition, the Surgeon General or the Superintendent may in his discretion review any determination upon a request from the officer or employee and a showing of unusual circumstances, irrespective of the amount claimed.
(b) All requests for review must be received within ten days from receipt of notice of determination or denial of a request for reconsideration.
(c) All reviews shall be made on the basis of evidence before the board or committee. Upon completion of the review of any determination, the Surgeon General or the Superintendent, as the case may be, shall affirm, modify or reverse such determination.
(d) The decision of the Surgeon General or the Superintendent shall in all cases be final.
(e) The Surgeon General and the Superintendent are authorized to delegate any of their functions under this section to officers or employees of the Service or Hospital not serving on a board or committee designated under $ 40.5.
PART 50_U.S. EXCHANGE VISITOR
PROGRAM - REQUESTS FOR
REQUIREMENTS Sec. 50.1 Authority. 50.2 Public Law 555 Waiver Review Board. 50.3 Policy. 50.4 Procedure. 50.5 Personal hardship cases.
AUTHORITY: The provisions of this part 50 Issued under 62 Stat. 6, 7; 22 U.S.C. 1431, 1446; 22 CFR 63.6(3) (2).
SOURCE: The provisions of this part 50
program. Each case is evaluated indiappear at 26 F.R. 2231, Mar. 16, 1961, unless
vidually on the basis of the facts availotherwise noted.
able. The general criteria to be applied CROSS REFERENCE: For Department of State are: Regulations on the Exchange Visitor Pro- (a) The individual must be in a high gram see 24 F.R. 3877, 22 CFR Part 63.
priority program or activity of national $ 50.1 Authority, .
or international significance involving
the broad interests of the general pubUnder the authority of the laws gov
Accordingly, waivers will not be erning the U.S. Information and Edu
requested when the documentation cational Exchange Program as amended
clearly demonstrates that the problem by Public Law 555, 84th Congress, June 4,
is solely one of recruitment in order to 1956, 70 Stat, 241, 22 U.S.C. 1431–1442
overcome a local community or instithe Department of Health, Education,
tution manpower shortage. and Welfare is an “Interested govern
(b) A direct relationship must exist ment agency" with the authority to
between the exchange visitor and the submit requests through the Department
program or activity involved so that loss of State to the Attorney General for the
of his services would necessitate diswaiver of the two-year residence period
continuance of the program. Accordfor exchange visitors under the educa
ingly, waivers will not be requested when tional exchange program who desire to
the principal problem appears to be one apply for an immigrant visa or a non
of administrative or program inconvenimmigrant visa or for adjustment of
ience to the institution other status to that of an allen lawfully ad
employer. mitted for permanent residence.
(c) The individual must process & 50.2 Public Law 555 Waiver Review unique and outstanding qualifications, Board.
training, and experience and be making (a) Establishment. To enable the De
original and significant contributions to
the program. partment to carry out its responsibilities under Public Law 555, the Secretary has $ 50.4 Procedure. established the Public Law 555 Waiver (a) Submission of Application to Review Board.
DHEW. (b) Functions. The Public Law 555 (1) The following procedure should Waiver Review Board is responsible for be followed in applying to this Departmaking thorough and equitable evalua- ment for consideration of a Public Law tions of applications for waiver submitted 555 waiver: A letter should be submitted to this Department and for rendering to the Public Law 555 Waiver Review decisions on such applications on behalf Board, Department of Health, Education, of the Department.
and Welfare, Washington 25, D.C., by the (c) Membership. The Public Law 555 institution of learning, hospital, laboraWaiver Review Board usually consists tory, corporation, etc., describing in deof four members. Two of the members tail the circumstances of the case inrepresent the Office of the Secretary volved. This should include: and are permanently assigned. The (i) A complete description of the proother two members vary from case to gram or activity in which the exchange case and represent the operating agency visitor is engaged; within the Department which is most (ii) His or her relationship to the prodirectly concerned with the particular
gram, particular contribution, and other case. If more than one operating agency responsibility, if any; is directly interested, the Board may be
(iii) The probable future of the proexpanded to include additional members
gram if the waiver is not granted; to provide the necessary representation.
(iv) The exchange visitor's curriculum $ 50.3 Policy.
vitae, bibliography, date and place of In order to carry out the legislative birth, present citizenship, date and port intent, the Department of Health, Ed- of entry and current address; ucation, and Welfare will request waiv- (v) Any other facts considered gerers only when such a request is clearly mane. consistent with the maintenance of the (2) Since the formal filing of an integrity of the educational exchange application for waiver with the Immi
gration and Naturalization Service automatically terminates the applicant's exchange visitor status, it is permissible to obtain the decision of this Department before filing with the immigration and Naturalization Service. $ 50.5 Personal hardship cases.
This Department has no responsibilities in connection with applications for waiver based on the personal hardship provisions of the Department of State regulations (22 CFR 63.6). This is a matter under the jurisdiction of the Immigration and Naturalization Service and inquiries should be directed to the appropriate District Office of that Seryice. The same is true of applications for extension of visas.
PART 55-INTERCHANGE OF
PERSONNEL WITH STATES Sec. 55.1 Definitions. 55.2 Purpose and coverage. 55.3 Assignments of personnel. 55.4 Initiation of proposals. 55.5 Duration of assignment. 55.6 Nature and type of assignment. 55.7 Personnel provisions. 55.8 Modification of agreement. 55.9 Termination of agreement. 55.10 Reports and evaluation,
AUTHORITY: The provisions of this part 55 issued under sec. 314, 58 Stat. 693, as amended by 80 Stat. 1180, 1189, 42 U.S.C. sec. 246(1)(9). Interpret or apply sec. 314(f), 58 Stat. 693, as amended by sec. 3, 80 Stat. 1181, 42 U.S.C. sec. 246(f).
SOURCE: The provisions of this part 55 appear at 32 F.R. 10852, July 25, 1967, unless otherwise noted. $ 55.1 Definitions.
As used in this part:
(a) "Act” means the Public Health Service Act (amended by the Comprehensive Health Planning and Public Health Services Amendments of 1966; P.L. 89–749, 80 Stat. 1180).
(b) "Secretary” means (except when used in § 55.7(b) (6), (c) (2), and (d) (3)) the Secretary of Health, Education, and Welfare, or his delegatee.
(c) "Department" means the Department of Health, Education, and Welfare.
(d) “State" includes, in addition to
the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands.
(e) "State agency" means a State or a political subdivision of a State, or any agency of either (including State or local health or health planning agencies), engaged in any activities related to health or designated or established pursuant to section 314(a) (2) (A) of the Act.
(f) “Officers and employees" means officers of the Commissioned Corps of the Public Health Service and all civilian officers and employees of the Department in either the excepted or competitive service.
(g) "Commissioned Officer" means an officer, Regular Corps or Reserve Corps, serving on active duty, in the Commissioned Corps of the Public Health Service (i.e., officers appointed pursuant to section 203 of the Act (42 U.S.C. sec. 204)). $ 55.2 Purpose and coverage.
(a) Authority for assignment. Under section 314(f) of the Act, the Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment of officers and employees of the Department engaged in work related to health to States, for work which the Secretary determines will aid the Department in more effectively discharging its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. Such arrangements will be made by the Secretary in accordance with the provisions of section 314(f) of the Act, the regulations in this part, and any conditions and procedures which the Secretary finds necessary to carry out the purpose of the Act and the regulations in this part.
(b) Department's responsibilities in the field of health. “The Department's responsibilities in the field of health" are promotion of normal physical and mental development and well-being, and repair or containment of the effects of injuries and diseases, including rehabilitation of persons affected by disease or injury, development of basic scientific
knowledge about the life processes and prescribed by the Secretary. Informathe nature of disease, augmentation of tion on making such proposals may be obhealth resources and improvement of the tained from the Department. The Secutilization of these resources, controi of retary will notify the State agency in environmental hazards and consumable writing of his acceptance or rejection of products, and improvement of the the proposal. If he rejects the proposal quality and availability of health serv submitted by the State agency, but modiices. Activities in these areas may be fications would make the proposal acfocused on individuals, families, groups ceptable, he may suggest such modificaof people, communities, regions, or the tions. If the proposal is accepted by the population at large.
Department, the Secretary and the State (c) Work related to health. "Work agency will enter into an agreement related to health” means any work which which meets the requirements of section contributes to carrying out the Depart 314(f) of the Act and the regulations in ment's responsibilities in the field of this part. health.
$ 55.5 Duration of assignment. § 55.3 Assignments of personnel.
Each agreement between the DepartAssignments of personnel between the ment and a State agency for an assignDepartment and a State agency may ment of personnel shall indicate the peinclude (a) assignments to the State riod of assignment of each officer or emagency of one or more officers or em ployee covered by the agreement. Such a ployees of the Department either period of assignment shall not exceed 2 considered to be on detail to a regular years but may be extended or renewed work assignment in the Department or for new 2-year periods. on leave without pay from positions in the Department, (b) assignments to the
$ 55.6 Nature and type of assignment. Department of one or more officers or Each agreement between the Departemployees of the State agency either ment and a State agency for assignment with or without appointment in the De of personnel shall indicate the type and partment, or (c) interchanges of per describe the nature of the assignment of sonnel involving any combination of each officer or employee covered under paragraphs (a) and (b) of this section. the arrangement. Specifically, the agree$ 55.4 Initiation of proposals.
ment shall (a) indicate whether the of
ficer or employee of the Department will A proposal for an assignment of per
be on detail to a regular work assignment sonnel between the Department and a
in the Department or on leave without State agency may be made by either the
pay from his position in the Department, Secretary or the State agency.
or whether the officer or employee of the (a) Department proposals. When the
State agency will be given an appointSecretary desires to effect with a State
ment in the Department or assigned to agency the assignment of personnel un
the Department without appointment; der section 314(f) of the Act, he will
(b) describe the duties and responsibilpropose an arrangement for that purpose
ities of the officer or employee while on to the appropriate State agency. Upon
his assignment; and (c) include the posiacceptance of the proposal by the State
tion title of the person responsible for the agency, the Secretary and the State
supervision of the officer or employee agency will enter into an agreement
while on the assignment. which meets the requirements of section 314(f) of the Act and the regulations in
$ 55.7 Personnel provisions. this part.
(a) Department personnel on detail (b) State proposals. A State agency to State agency. Each agreement for asdesiring the assignment of personnel un signment to a State agency of an officer der section 314(f) of the Act shall sub or employee of the Department on demit a proposal for an arrangement for tail to a regular work assignment in the that purpose in such manner as may be Department shall contain provisions with