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 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 Department:

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 officers 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.

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 allow

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.

SOURCE: The provisions of this Part 50 appear at 26 F.R. 2231, Mar. 16, 1961, unless otherwise noted.

CROSS REFERENCE: For Department of State Regulations on the Exchange Visitor Program see 24 F.R. 3877, 22 CFR Part 63.

§ 50.1 Authority.

Under the authority of the laws governing the U.S. Information and Educational Exchange Program as amended by Public Law 555, 84th Congress, June 4, 1956, 70 Stat. 241, 22 U.S.C. 1431-1442 the Department of Health, Education, and Welfare is an "interested government agency" with the authority to submit requests through the Department of State to the Attorney General for the waiver of the two-year residence period for exchange visitors under the educational exchange program who desire to apply for an immigrant visa or a nonimmigrant visa or for adjustment of status to that of an allen lawfully admitted for permanent residence. § 50.2

Public Law 555 Waiver Review Board.

(a) Establishment. To enable the Department to carry out its responsibilities under Public Law 555, the Secretary has established the Public Law 555 Waiver Review Board.

(b) Functions. The Public Law 555 Waiver Review Board is responsible for making thorough and equitable evaluations of applications for waiver submitted to this Department and for rendering decisions on such applications on behalf of the Department.

(c) Membership. The Public Law 555 Waiver Review Board usually consists of four members. Two of the members represent the Office of the Secretary and are permanently assigned. The other two members vary from case to case and represent the operating agency within the Department which is most directly concerned with the particular case. If more than one operating agency is directly interested, the Board may be expanded to include additional members to provide the necessary representation. § 50.3 Policy.

In order to carry out the legislative intent, the Department of Health, Education, and Welfare will request waivers only when such a request is clearly consistent with the maintenance of the integrity of the educational exchange

program. Each case is evaluated individually on the basis of the facts available. The general criteria to be applied

are:

(a) The individual must be in a high priority program or activity of national or international significance involving the broad interests of the general public. Accordingly, waivers will not be requested when the documentation clearly demonstrates that the problem is solely one of recruitment in order to overcome a local community or institution manpower shortage.

(b) A direct relationship must exist between the exchange visitor and the program or activity involved so that loss of his services would necessitate discontinuance of the program. Accordingly, waivers will not be requested when the principal problem appears to be one of administrative or program inconvenience to the institution or other employer.

(c) The individual must process unique and outstanding qualifications, training, and experience and be making original and significant contributions to the program.

(1) The following procedure should be followed in applying to this Department for consideration of a Public Law 555 waiver: A letter should be submitted to the Public Law 555 Waiver Review Board, Department of Health, Education, and Welfare, Washington 25, D.C., by the institution of learning, hospital, laboratory, corporation, etc., describing in detail the circumstances of the case involved. This should include:

(i) A complete description of the program or activity in which the exchange visitor is engaged;

(ii) His or her relationship to the program, particular contribution, and other responsibility, if any;

(iii) The probable future of the program if the waiver is not granted;

(iv) The exchange visitor's curriculum vitae, bibliography, date and place of birth, present citizenship, date and port of entry and current address;

(v) Any other facts considered germane.

(2) Since the formal filing of an 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 Personai 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 Service. The same is true of applications for extension of visas.

Initiation of proposals.

55.5

55.6

55.7

55.8

55.9

55.10

Duration of assignment.

Nature and type of assignment.
Personnel provisions.
Modification of agreement.
Termination of agreement.
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(f) (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 the nature of disease, augmentation of health resources and improvement of the utilization of these resources, control of environmental hazards and consumable products, and improvement of the quality and availability of health services. Activities in these areas may be focused on individuals, families, groups of people, communities, regions, or the population at large.

(c) Work related to health. "Work related to health" means any work which contributes to carrying out the Department's responsibilities in the field of health.

§ 55.3 Assignments of personnel.

Assignments of personnel between the Department and a State agency may include (a) assignments to the State agency of one or more officers or employees of the Department either considered to be on detail to a regular work assignment in the Department or on leave without pay from positions in the Department, (b) assignments to the Department of one or more officers or employees of the State agency either with or without appointment in the Department, or (c) interchanges of personnel involving any combination of paragraphs (a) and (b) of this section. § 55.4 Initiation of proposals.

A proposal for an assignment of personnel between the Department and a State agency may be made by either the Secretary or the State agency.

(a) Department proposals. When the Secretary desires to effect with a State agency the assignment of personnel under section 314(f) of the Act, he will propose an arrangement for that purpose to the appropriate State agency. Upon acceptance of the proposal by the State agency, the Secretary and the State agency will enter into an agreement which meets the requirements of section 314(f) of the Act and the regulations in this part.

(b) State proposals. A State agency desiring the assignment of personnel under section 314(f) of the Act shall submit a proposal for an arrangement for that purpose in such manner as may be

prescribed by the Secretary. Information on making such proposals may be obtained from the Department. The Secretary will notify the State agency in writing of his acceptance or rejection of the proposal. If he rejects the proposal submitted by the State agency, but modifications would make the proposal acceptable, he may suggest such modifications. If the proposal is accepted by the Department, the Secretary and the State agency will enter into an agreement which meets the requirements of section 314(f) of the Act and the regulations in this part.

§ 55.5 Duration of assignment.

Each agreement between the Department and a State agency for an assignment of personnel shall indicate the period of assignment of each officer or employee covered by the agreement. Such a period of assignment shall not exceed 2 years but may be extended or renewed for new 2-year periods.

§ 55.6

Nature and type of assignment. Each agreement between the Department and a State agency for assignment of personnel shall indicate the type and describe the nature of the assignment of each officer or employee covered under the arrangement. Specifically, the agreement shall (a) indicate whether the officer or employee of the Department will be on detail to a regular work assignment in the Department or on leave without pay from his position in the Department, or whether the officer or employee of the State agency will be given an appointment in the Department or assigned to the Department without appointment; (b) describe the duties and responsibilities of the officer or employee while on his assignment; and (c) include the position title of the person responsible for the supervision of the officer or employee while on the assignment.