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search or prior to the issuance of requested copies.

(3) Payments shall be made to the appropriate unit head or his designee.

(d) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States; or postal money order; or cash. Remittances shall be made payable to the order of the Peace Corps. The Peace Corps will assume no responsibility for cash which is lost in the mail.

(e) A receipt for fees paid will be given only upon request. Refund of fees paid for services actually rendered will not be made.

PART 304-CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT

Sec.

304.1

304.2

304.3

304.4

304.5

304.6

304.7

304.8

304.9

304.10

304.11

GENERAL PROVISIONS

Scope; definitions.

PROCEDURES

Administrative claim; when pre-
sented; appropriate Peace Corps
Office.

Administrative claim; who may file.
Administrative claim; evidence and
information to be submitted.
Investigations.

Claims investigation.

Authority to adjust, determine,
compromise, and settle claims.
Limitations on authority.

Referral to Department of Justice.
Review of claim.

Final denial of claim.
304.12 Action on approved claim.

AUTHORITY: The provisions of this Part 304 issued under 28 U.S.C. 2672; 28 CFR 14.11; secs. 4 and 5(h), 75 Stat. 612, 22 U.S.C. 2503; E.O. 11041, as amended, 3 CFR, 1959-1963 Comp.; Sec. 2(6), State Department Delegation of Authority No. 85-11A, as amended.

SOURCE: The provisions of this Part 304 appear at 34 F.R. 5840, Mar. 28, 1969, unless otherwise noted.

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Volunteer or trainee while acting within the scope of his office or employment.

(b) This subpart is not applicable to claims arising in a foreign country; it is applicable to claims arising in Puerto Rico and the Virgin Islands.

(c) This subpart is issued subject to and consistent with applicable regulations on administrative claims under the Federal Tort Claims Act issued by the Attorney General (31 F.R. 16616; 28 CFR Part 14).

(d) For the purposes of this subpart, the term "General Counsel" means the General Counsel of the Peace Corps or his designee.

§ 304.2

PROCEDURES

Administrative claim; when presented; appropriate Peace Corps Office.

(a) For purposes of this subpart, a claim shall be deemed to have been presented when the Peace Corps receives, at a place designated in paragraph (b) of this section, an executed "Claim for Damages or Injury," 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 Peace Corps, but which was mistakenly addressed to or filed with another Federal agency, is deemed to have been presented to the Peace Corps as of the date that the claim is received by the Peace Corps. If a claim is mistakenly addressed to or filed with the Peace Corps, the Peace Corps shall forthwith transfer it to the appropriate Federal agency, if ascertainable, or return it to the claimant.

(b) A claimant shall mail or deliver his claim to the General Counsel, Peace Corps, 806 Connecticut Avenue NW., Washington, D.C. 20525.

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any other person legally entitled to assert such a claim in accordance with 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. 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.

§ 304.4

Administrative claim, evidence and information to be submitted. (a) 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 or designated by the Peace Corps 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 Peace Corps any other physician's report 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.

(b) 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 the 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 decedent's survivors, including identification of those survivors who were dependent for support upon decedent at the time of his death.

(4) Degree of support afforded by 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 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 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.

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

(3) Two or more itemized written estimates of the cost of such repairs and any itemized receipt of payment for necessary 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.

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The Peace Corps may investigate, or the General Counsel may request any other Federal agency to investigate, a claim filed under this subpart.

§ 304.6 Claims investigation.

(a) When a claim has been filed with the Peace Corps, the General Counsel will send a copy of the claim to the head of the office concerned and ask him to designate one employee of that office who shall act as, and who shall be referred to herein as, the Claims Investigating Officer for that particular claim. The Claims Investigating Officer shall, with the advice of the General Counsel, where necessary:

(1) Investigate as completely as is practicable the nature and circumstances of the occurrence causing the loss or damage of the claimant's property.

(2) Ascertain the extent of loss or damage to the claimant's property.

(3) Assemble the necessary forms with required data contained therein.

(4) Prepare a brief statement setting forth the facts relative to the claim (in the case of motor vehicle accidents, facts should be recorded on Standard Form 91A), a statement whether the claim satisfies the requirements of this subpart, and a recommendation as to the amount to be paid in settlement of the claim.

(5) The head of the office concerned will be responsible for assuring that all necessary forms, statements, and all supporting papers have been procured for the file and will transmit the entire file to the General Counsel.

§ 304.7 Authority to adjust, determine, compromise, and settle claims. The authority to consider, ascertain adjust, determine, compromise, and settle claims under section 2672 of title 28,

United States Code, and this subpart, subject to § 304.8, has been retained by the Director of the Peace Corps.

§ 304.8 Limitations on authority.

(a) An award, compromise, or settlement of a claim under section 2672 of title 28, United States Code, and this subpart in excess of $25,000 may be effected only with the prior written approval of the Attorney General or his designee. For the purpose 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 only after consultation with the Department of Justice when, in the opinion of the General Counsel:

(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 Peace Corps 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 the Peace Corps is informed or is otherwise aware that the United States or an officer, 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.

§ 304.9 Referral to Department of Justice.

When Department of Justice approval or consultation is required under § 304.8, the referral or request shall be transmitted to the Department of Justice by the General Counsel pursuant to 28 CFR 14.7 (1968).

§ 304.10 Review of claim.

(a) Upon receipt of the claim file from the head of the office concerned, the General Counsel will ascertain that all supporting papers are contained in the file.

(b) After legal review and recommendation by the General Counsel, the Director of the Peace Corps will make a written determination on the claim.

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The General Counsel will send notification of the final denial of an administrative claim to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the Peace Corps action, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing of the notification. § 304.12

Action on approved claim.

(a) Payment of a claim approved under this subpart is contingent on claimant's execution of (1) a "Claim for Damage or Injury," Standard Form 95; and (2) a "Voucher for Payment," Standard Form 1145, as appropriate. When a claimant is represented by an attorney, the voucher for payment shall designate the claimant and his attorney as copayees, 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 an award, compromise, or settlement made under section 2672 or 2677 of title 28, United States Code, is 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 constitutes a complete release of any claim against the United States and against any officer or employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter.

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The Peace Corps invites to Peace Corps training programs those eligible applicants who skills, personal attributes and aptitudes fit those required for available Volunteer assignments. The following are the basic requirements that an applicant must satisfy to be eligible for Peace Corps Volunteer service:

(a) Citizenship. Be a citizen or national of the United States or have made such arrangements satisfactory to the Offices of Selection and of the General Counsel to be naturalized during the U.S. training period or shortly thereafter. (See section 5(a) of the Peace Corps Act, as amended.)

(b) Age. Be at least 18 years of age. However, if the parents of an 18- to 21-year-old applicant advise the Peace Corps that they disapprove of his application, the application shall be held in abeyance, and the Office of Selection shall, after receiving an opinion from the Office of the General Counsel, and considering all the facts of the case, decide whether to issue an invitation.

(c) Marital status. (1) If the applicant is married and living with his or her spouse (or intends to marry prior to or during Peace Corps service), both husband and wife (or fiance and fiancee) must apply and qualify for assignment at the same location. A married applicant qualified for assignment as a Volunteer Leader may, however, be accepted for training and service and accompanied overseas by a non-Volunteer spouse.

(2) If the applicant (whether male or female) is married but legally or in fact separated from his spouse, he must, prior to being issued an invitation to training, satisfy the Director of the Office of Selection and the General Counsel that (i) he will be an effective Volunteer; (ii) his participation in the Peace Corps will not further disrupt the marital relationship; and (iii) he has acted to ensure that any

obligation of his to support his separated spouse will be met during his training and service.

(d) Dependents. If the applicant (whether male or female) has any dependents and has not been designated a Volunteer Leader applicant, he must, prior to being issued an invitation to training, satisfy the Director of Selection and the General Counsel:

(1) As to any dependent other than children under age 18, that his absence for training and service will not deprive his dependent(s) of any care or support which he may be obligated to provide; and

(2) As to any dependent child under age 18-whether or not living with the applicant-that (i) he has arranged satisfactorily for the support of the child during his training and service; (ii) the separation of him and the child will not adversely affect their relationship; and (iii) he is not using Peace Corps service to escape responsibility for the child's welfare.

(e) Legal status. Not be on parole or probation (other than a summary probation) to any court or have any courtestablished or acknowledged financial or other legal obligation which, in the opinion of the Office of the General Counsel, could not be satisfied or postponed during the individual's participation in the Peace Corps.

(f) Medical status. Be able to satisfy the Peace Corps' rigorous physical and mental health requirements.

(g) Absence of intelligence background. Not have worked for or served in any intelligence agency, civilian or military, or have been associated with any intelligence operations.

§ 305.3 Selection standards.

To qualify for selection for overseas service as a Volunteer, a trainee must demonstrate by the end of training that he or she meets the following selection standards, and that his enrollment as a Volunteer must be clearly consistent with the interests of the national security.

(a) Motivation indicating commitment to serve a full term (usually 2 years) as a Volunteer despite periods of stress.

(b) Intelligence sufficient to meet the needs of a particular program and to cope with other challenges of Peace Corps service, including rapid learning in a short training period.

(c) Personal qualities including initiative, determination, friendliness, patience, ability to communicate and respect for other people regardless of race, religion, nationality, social standing or political persuasion.

(d) Competence in the skills and proficiencies needed for the particular job assignment overseas.

(e) Such reasonable proficiency in the host country language as his overseas assignment requires. (See section 23 of the Peace Corps Act.)

(f) Adequate knowledge of both the host country and the United States.

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