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(7) If damages for pain and suffering (6) Any other evidence or informaprior to death are claimed, a physi- tion which may have a bearing on the cian's detailed statement specifying responsibility of the United States for the injuries suffered, duration of pain either the personal injury or the damand suffering, any drugs administered ages claimed. for pain and the decedent's physical (c) Property Damage. In support of a condition in the interval between claim for damage to or loss of properinjury and death.
ty, real or personal, the claimant may (8) Any other evidence or informa be required to submit the following tion which may have a bearing on evidence or information: either the responsibility of the United (1) Proof of ownership. States for the death or the damages (2) A detailed statement of the claimed.
amount claimed with respect to each (b) Personal Injury. In support of a item of property. claim for personal injury, including
(3) An itemized receipt of payment pain and suffering, the claimant may
for necessary repairs or itemized writbe required to submit the following
ten estimates of the cost of such reevidence or information:
pairs. (1) A written report by his attending
(4) A statement listing date of purphysician or dentist setting forth the
chase, purchase price, market value of nature and extent of the injury,
the property as of date of damage, and nature and extent of treatment, any
salvage value, where repair is not ecodegree of temporary or permanent dis
nomical. ability, the prognosis, period of hospi
(5) Any other evidence or informatalization, and any diminished earning capacity. In addition, the claimant
tion which may have a bearing on the may be required to submit to a physi
responsibility of the United States cal or mental examination by a physi
either for the injury to or loss of prop
erty or for the damage claimed. cian employed or designated by EPA. A copy of the report of the examining
(d) Time limit. All evidence required
to be submitted by this section shall physician shall be made available to the claimant upon the claimant's writ
be furnished by the claimant within a ten request provided that the claimant
reasonable time. Failure of a claimant has, upon request, furnished the
to furnish evidence necessary to a dereport referred to in the first sentence
termination of his claim within three of this subparagraph and has made or
months after a request therefor has agrees in writing to make available to
been mailed to his last known address EPA any other physician's reports pre
may be deemed an abandonment of viously or thereafter made of the
the claim. The claim may be therephysical or mental condition which is
upon disallowed. the subject matter of his claim. (2) Itemized bills for medical, dental,
$ 10.5 Investigation, examination, and dehospital and related expenses in
termination of claims. curred, or itemized receipts of pay. (a) When a claim is received, the ment for such expenses.
constituent unit out of whose activi(3) If the prognosis reveals the ne ties the claim arose shall make such cessity for future treatment, a state investigation as may be necessary or ment of expected duration of and ex appropriate for a determination of the penses for such treatment.
validity of the claim. (4) If a claim is made for loss of time (b) A full account of this investigafrom employment, a written statement tion, together with all pertinent docufrom his employer showing actual mentary materials, the claim itself, time lost from employment, whether and a recommendation based on the he is a full or part-time employee, and merits of the case, shall be forwarded wages or salary actually lost.
through regular supervisory channels (5) If a claim is made for loss of to the EPA Claims Officer, Washingincome and the claimant is self-em- ton, D.C. 20460, to whom authority ployed, documentary evidence showing has been delegated to adjust, deterthe amount of earnings actually lost. mine, compromise, and settle tort claims under the direction of the Di- of 20 percent of administrative settlerector, Facilities and Support Services ments (28 U.S.C. 2678). Division, and with the advice of the General Counsel or his designee.
$ 10.8 Release.
Acceptance by the claimant, his $ 10.6 Final denial of claim.
agent or legal representative of any (a) Final denial of an administrative
award, compromise or settlement claim shall be in writing and sent to
made hereunder, shall be final and the claimant, his attorney, or legal
conclusive on the claimant, his agent representative by certified or regis
or legal representative and any other tered mail. The notification of final
person on whose behalf or for whose denial may include a statement of the
benefit the claim has been presented, reasons for the denial and shall in
and shall constitute a complete release clude a statement that, if the claimant
of all claims against either the United is dissatisfied with EPA's action, he
States or any employee of the Governmay file suit in an appropriate U.S.
ment arising out of the same subject District Court not later than 6 months
matter. after the date of mailing of the notification.
10.9 Penalties. (b) Prior to the commencement of
A person who files a false claim or suit and prior to the expiration of the
makes a false or fraudulent statement 6-month period after the date of mail
in a claim against the United States ing by certified or registered mail of
may be liable to a fine of not more notice of final denial of the claim as
than $10,000 or to imprisonment of provided in 28 U.S.C. 2401(b), a claim
not more than 5 years, or both (18 ant, his duly authorized agent, or legal
U.S.C. 287.1001), and, in addition, to a representative, may file a written re
forfeiture of $2,000 and a penalty of quest with the EPA for reconsider
double the loss or damage sustained ation of a final denial of a claim under
by the United States (31 U.S.C. 231). paragraph (a) of this section. Upon the timely filing of a request for re
$ 10.10 Limitation on Environmental Proconsideration, EPA shall have 6
tection Agency's authority. months from the date of filing in which to make a final disposition of
(a) An award, compromise or settlethe claim and the claimant's option
ment of a claim hereunder in excess of under 28 U.S.C. 2675(a) to bring suit
$25,000 shall be effected only with the shall not accrue until 6 months after prior written approval of the Attorney the filing of a request for reconsider
General or his designee. For the puration. Final action on a request for re
poses of this paragraph, a principal consideration shall be effected in ac claim and any derivative or subrogated cordance with the provisions of para
claim shall be treated as a single graph (a) of this section.
(b) An administrative claim may be 8 10.7 Payment of approved claim.
adjusted, determined, compromised or (a) Upon allowance of his claim,
settled hereunder only after consultaclaimant or his duly authorized agent
tion with the Department of Justice shall sign the voucher for payment,
when, in the opinion of the EnvironStandard Form 1145. before payment mental Protection Agency: is made.
(1) A new precedent or a new point (b) When the claimant is represent of law is involved; or ed by an attorney, the voucher for
(2) A question of policy is or may be payment (SF 1145) shall designate involved; or both the claimant and his attorney as (3) The United States is or may be "payees." The check shall be delivered entitled to indemnity or contribution to the attorney whose address shall from a third party and the Agency is appear on the voucher.
unable to adjust the third party claim; (c) No attorney shall charge fees in or excess of 25 percent of a judgment or (4) The compromise of a particular settlement after litigation, or in excess claim, as a practical matter, will or may control the disposition of a relat- PART 11-SECURITY CLASSIFICATION ed claim in which the amount to be
REGULATIONS PURSUANT TO EXpaid may exceed $25,000.
ECUTIVE ORDER 11652 (c) An administrative claim may be adjusted, determined, compromised, or Sec. settled by EPA hereunder only after 11.1 Purpose. consultation with the Department of
11.3 Responsibilities. Justice when EPA is informed or is
11.4 Definitions. otherwise aware that the United
11.5 Procedures. States or an employee, agent, or cost 11.6 Access by historical researchers and plus contractor of the United States is former Government officials. involved in litigation based on a claim
AUTHORITY: Executive Order 11652 (37 FR arising out of the same incident or 5209, March 10, 1972) and the National Setransaction.
curity Directive of May 17, 1972 (37 FR
10053, May 19, 1972). 8 10.11 Relationship to other agency regu. SOURCE: 37 FR 23541, Nov. 4, 1972, unless lations.
otherwise noted. (a) The regulations in this part sup
8 11.1 Purpose. plement the Attorney General's regulations in Part 14 of Chapter 1 of Title
These regulations establish policy 28, Code of Federal Regulations, as
and procedures governing the classifiamended. Those regulations, including
cation and declassification of national subsequent amendments thereto, and
security information. They apply also
to information or material designated the regulations in this part apply to
under the Atomic Energy Act of 1954, the consideration by the Environmental Protection Agency of administra
as amended, as "Restricted Data," or
"Formerly Restricted Data" which, tive claims under the Federal Tort
additionally, is subject to the proviClaims Act.
sions of the Act and regulations of the (b) Each of the four pre-existing
Atomic Energy Commission. agencies that contributed parts of its organization to the Environmental $11.2 Background. Protection Agency had published reg. While the Environmental Protection ulations to govern the administrative Agency does not have the authority to disposition of claims under the Feder- originally classify information or maal Tort Claims Act at the time Reorga terial in the interest of the national nization Plan No. 3 of 1970 became ef. security, it may under certain circumfective: namely, Department of the In- stances downgrade or declassify previterior (43 CFR 22); Department of ously classified material or generate Health, Education, and Welfare (45 documents incorporating classified inCFR 35); Department of Agriculture formation properly originated by (7 CFR 1, subchapter D); and Atomic other agencies of the Federal GovernEnergy Commission (10 CFR 14). ment which must be safeguarded. These regulations that are currently
Agency policy and procedures must applicable to the various constituent
conform to applicable provisions of units of the Environmental Protection
Executive Order 11652, and the NaAgency are hereby superseded upon
tional Security Council Directive of publication of the Agency's regula
May 17, 1972, governing the safeguardtions with respect to claims asserted
d ing of national security information. under the Federal Tort Claims Act in
§ 11.3 Responsibilities. volving employees of the Agency within scope of employment.
(a) Classification and Declassification Committee: This committee, appointed by the Administrator, has the authority to act on all suggestions and complaints with respect to EPA's administration of this order. It shall establish procedures to review and act within 30 days upon all applications is reviewed to eliminate classified inand appeals regarding requests for de formation. classification. The Administrator, (3) All employees are responsible for acting through the committee, shall bringing to the attention of the Direcbe authorized to overrule previous de- tor, Security and Inspection Division, terminations in whole or in part when any security classification problems in its judgment, continued protection needing resolution. is no longer required. If the committee determines that continued classifica 811.4 Definitions. tion is required under section 5(B) of
(a) Classified information. Official Executive Order 11652, it shall
information which has been assigned a promptly so notify the requester and
security classification category in the advise him that he may appeal the interest of the national defense or fordenial to the Interagency Classifica
eign relations of the United States. tion Review Committee.
(b) Classified material. Any docu(b) Director, Security and Inspection
ment, apparatus, model, film, recordDivision, Office of Administration:
ing, or any other physical object from The Director, Security and Inspection which classified information can be Division, is responsible for the overall
derived by study, analysis, observation, management and direction of a pro
or use of the material involved. gram designed to assure the proper
(c) Marking. The act of physically handling and protection of classified
indicating the classification assigninformation, and that classified infor
ment on classified material. mation in the Agency's possession
(d) National security information. bears the appropriate classification
As used in this order this term is synmarkings. He also will assure that the
onymous with “classified informaprogram operates in accordance with
tion." It is any information which the policy established herein, and will
must be protected against unauthorserve as Secretary of the Classification
ized disclosure in the interest of the and Declassification Committee.
national defense or foreign relations (c) Assistant Administrators, Region of the United States. al Administrators, Heads of Staff Of
(e) Security classification assignfices, Directors of National Environ
ment. The prescription of a specific semental Research Centers are responsi
curity classification for a particular ble for designating an official within
area or item of information. The infortheir respective areas who shall be re
mation involved constitutes the sole sponsible for:
basis for determining the degree of (1) Serving as that area's liaison
classification assigned. with the Director, Security and In- (f) Security classification category. spection Division, for questions or sug. The specific degree of classification gestions concerning security classifica- (Top Secret. Secret or Confidential) tion matters.
assigned to classified information to (2) Reviewing and approving, as the indicate the degree of protection rerepresentative of the contracting of quired. fices, the DD Form 254, Contract Se- (1) Top Secret. Top Secret refers to curity Classification Specification, national security information or mateissued to contractors.
rial which requires the highest degree (d) Employees; (1) Those employees of protection. The test for assigning generating documents incorporating Top Secret classification shall be classified information properly origi- whether its unauthorized disclosure nated by other agencies of the Federal could reasonably be expected to cause Government are responsible for assur exceptionally grave damage to the naing that the documents are marked in tional security. Examples of "excepa manner consistent with security clas- tionally grave damage" include armed sification assignments.
hostilities against the United States or (2) Those employees preparing infor- its allies; disruption of foreign relamation for public release are responsi- tions vitally affecting the national seble for assuring that such information curity; the compromise of vital nation
al defense plans or complex cryptolo. Director, Security and Inspection Divigic and communications intelligence sion, who will forward it to the departsystems; the revelation of sensitive in ment having primary interest in it telligence operations; and the disclo- with a request that a classification desure of scientific or technological de termination be made. velopments vital to national security. (2) A holder of information or mateThis classification shall be used with rial which incorporates classified inthe utmost restraint.
formation properly originated by (2) Secret. Secret refers to that na- other agencies of the Federal Governtional security information or material ment shall observe and respect the which requires a substantial degree of classification assigned by the originaprotection. The test for assigning tor. Secret classification shall be whether (3) If a holder believes there is units unauthorized disclosure could rea- necessary classification, that the assonably be expected to cause serious signed classification is improper, or damage to the national security. Ex that the document is subject to declasamples of "serious damage" include sification, he shall so advise the Direcdisruption of foreign relations signifi tor, Security and Inspection Division, cantly affecting the national security; who will be responsible for obtaining a significant impairment of a program resolution. or policy directly related to the na- (c) Downgrading and declassificational security; revelation of signifi- tion. Classified information and matecant military plans or intelligence op- rial officially transferred to the erations; and compromise of scientific Agency during its establishment, puror technological developments relating suant to Reorganization Plan No. 3 of to national security. The classification 1970, shall be declassified in accordSecret shall be sparingly used.
ance with procedures set forth below. (3) Confidential. Confidential refers Also, the same procedures will apply to that national security information to the declassification of any informaor material which requires protection. tion in the Agency's possession which The test for assigning Confidential originated in departments or agencies classification shall be whether its un which no longer exist, except that no authorized disclosure could reasonably declassification will occur in such be expected to cause damage to the cases until other departments having national security.
an interest in the subject matter have
been consulted. Other classified infor$11.5 Procedures.
mation in the Agency's possession may (a) General. Agency instructions on be downgraded or declassified by the access, marking, safekeeping, account official authorizing its classification, ability, transmission, disposition, and by a successor in capacity, or by a sudestruction of classification informa- pervisory official of either. tion and material will be found in the (1) General Declassification SchedEPA Security Manual for Safeguard- ule-(i) Top Secret. Information or maing Classified Material. These instruc- terial originally classified Top Secret tions shall conform with the National shall become automatically downgradSecurity Council Directive of May 17, ed to Secret at the end of the second 1972, governing the classification, full calendar year following the year downgrading, declassification, and in which it was originated, downgradsafeguarding of National Security In- ed to Confidential at the end of the formation.
fourth full calendar year following the (b) Classification. (1) When infor- year in which it was originated, and mation or material is originated within declassified at the end of the 10th full EPA and it is believed to require classi. calendar year following the year in fication, the person or persons respon which it was originated. sible for its origination shall protect it (ii) Secret. Information and material in the manner prescribed for protec- originally classified Secret shall tion of classified information. The in- become automatically downgraded to formation will then be transmitted Confidential at the end of the second under appropriate safeguards to the full calendar year following the year