§ 110.102 Agency responsibilities.

(a) Making regulations available for review. Offices receiving the reprints of notices of rulemaking described in § 110.101(a) will make them available for review upon request. Each office will complete the posting notice described in § 110.101(b) to indicate where and how requests to review these materials should be made.

(b) Posting locations and supplemental announcements. Once completed, posting notices will be displayed in a prominent place. Agencies should choose the posting location which best fits their physical layout. Agencies may, at their discretion, supplement these postings with announcements of new regulations in employee newsletters and use other communication methods to provide notice of regulatory changes. The basic requirement to post the notice continues, however, even if supplemental announcement methods are used.

(c) Posting after the Federal Register comment date passes. The public comment period on proposed regulations begins when a notice of proposed rulemaking is published in the FEDERAL REGISTER, not with the posting of the notice described in § 110.101(b). The purpose of the § 110.101(b) notice is solely to inform managers and employees of changes. Agencies are required to post the § 110.101(b) notice even if the formal deadline for comments shown in the preamble of the FEDERAL REGISTER notice of rulemaking has passed. Agencies should make every reasonable effort to minimize delays in distributing the special Federal Personnel Manual bulletins described in § 110.101 to their field offices.

(d) No fixed posting period. There are no minimum or maximum time limits on displaying the notice described in § 110.101(b) of this section. Each office receiving a notice for posting should choose the posting period which provides the best opportunity to inform managers and employees of regulatory changes based upon office layout, geographic dispersion of employees and other local factors.

(a) "State" means a State or territory or possession of the United States;

(b) "State or local agency" means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof;

(c) "Federal agency" means an executive agency or other agency of the United States, but does not include a member bank of the Federal Reserve System;

(d) "State or local officer or employee" means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency but does not include

(1) An individual who exercises no functions in connection with that activity;

(2) An individual employed by an educational or research institution, establishment, agency, or system, which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization.

(e) "Political party” means a National political party, a State political party, and an affiliated organization;

(f) "Election" includes a primary, special, and general election.

(g) "Nonpartisan election" means an election at which none of the candidates is to be nominated or elected as representing a political party any of whose candidates for Presidential elector receives votes in the last preceding election at which Presidential electors were selected.

(h) "Partisan" when used as an adjective refers to a political party.

(i) "Elective office" means any office which is voted upon at an election as defined at § 151.101(f), above, but does not include political party office.

[40 FR 42733, Sept. 16, 1975]

PERMISSIBLE ACTIVITIES

§ 151.111 Permissible activities.

(a) All State or local officers or employees are free to engage in political activity to the widest extent consistent with the restrictions imposed by law and this part. A State or local officer or employee may participate in all political activity not specifically restricted by law and this part, including candidacy for office in a nonpartisan election and candidacy for political party office.

[40 FR 42733, Sept. 16, 1975]

PROHIBITED ACTIVITIES

§ 151.121 Use of official authority; coercion; candidacy; prohibitions.

A State or local officer or employee may not

(a) Use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; or

(b) Directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a political party, committee, organization, agency, or person for a political purpose.

(c) Be a candidate for elective public office in a partisan election.

[40 FR 42733, Sept. 16, 1975]

§ 151.122 Candidacy; exceptions.

Section 151.121(c) does not apply

to

(a) The Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor; (b) The Mayor of a city;

(c) A duly elected head of an executive department of a State or municipality who is not classified under a State or municipal merit or civil service system;

(d) An individual holding elective office;

(e) Activity in connection with a nonpartisan election; or

(f) Candidacy for a position of officer of a political party, delegate to a political party convention, member of a National, State, or local committee

§ 175.101

Requests for review of classification of documents.

A person desiring a review of the classification of an OPM document under Executive Order 11652 and the National Security Council Directive Governing the Classification, Downgrading, Declassification and Safeguarding of National Security Information shall submit his request in writing to the OPM Security Officer. Procedures for submitting requests for review of classification, and for appeals from unfavorable action thereon, and the addresses to which requests and appeals should be directed are set out in Appendix A to this part.

APPENDIX A

REQUESTS FOR DECLASSIFICATION REVIEW The following guidance is provided for members of the public desiring a classification review of a document of the Office of Personnel Management (OPM) pursuant to section 5.(c) of Executive Order 11652 (37 FR 5209, March 10, 1972) and section III.B of the National Security Council Directive Governing the Classification, Downgrading, Declassification and Safeguarding of National Security Information (37 FR 10053, May 19, 1972).

(a) Request for classification review of documents. (1) Any person desiring a classification review of an OPM document containing information classified as National Security Information by reason of the provisions of Executive Order 11652 (or any predecessor Executive order) and which is more than 10 years old, should address such requests to the Security Officer, Office of Personnel Management, Washington, D.C. 20415.

(2) Requests need not be made on any special form but shall, as specified in the Executive order, describe the document with sufficient particularity to enable OPM personnel to identify and obtain the document

from OPM records without expending more than a reasonable amount of effort.

(3) Charges for locating and reproducing copies of records will be made when deemed applicable in accordance with Title 5 of the Independent Offices Appropriations Act. 1952, 65 Stat. 290, 31 U.S.C. 483a and the requester will be so notified.

(b) Action on requests for classification review. (1) The Security Officer shall assign the request to the appropriate office for action. The Security Officer or the office which has been assigned action shall immediately acknowledge receipt of the request in writing. Every effort will be made to complete action on each request within thirty (30) days of receipt of the request. If action cannot be completed within thirty (30) days. the requester shall be so advised by the Security Officer or the office acting on the request along with the reasons for the need for additional time.

(2) If the requester does not receive a decision on his request within sixty (60) days from the date of receipt of his request by OPM, or from the date of the most recent receipt of his response to an OPM request for more particulars, he may apply to the OPM Committee on Classification of Security Information, Office of Personnel Management, Washington, D.C. 20415, for a decision on his request.

(3) In the event the Security Officer or the office which has been assigned action on the request makes the determination that the requested information must remain classified by reason of the provisions of Executive Order 11652, the requester shall be given prompt notification of that decision and, whenever possible, shall be provided with a brief statement as to why the information or material cannot be declassified. He shall also be advised that if he desires he may appeal that determination to the OPM Committee on Classification of Security Information, Office of Personnel Management, Washington, D.C. 20415. Any such request shall include a brief statement as to why the requester disagrees with the decision which he is appealing.

(4) The OPM Committee on Classification of Security Information shall normally render its decision within thirty (30) days of receipt of a request. If a longer period is likely to be required because of the need for additional communications or conferences with the requester, he shall be advised of the time needed to complete review of the matter.

(c) Appeal to Interagency Classification Review Committee. Whenever the OPM Committee on Classification of Security Information confirms a determination for continued classification, it shall so notify the requester who shall be entitled to appeal that action to the Interagency Classification Review Committee established under sec

tion 7(A) of Executive Order 11652. Such appeals should be addressed to the Interagency Classification Review Committee, The Executive Office Building. Washington, D.C. 20500.

(d) Suggestions and complaints. Any person may also direct suggestions or complaints with respect to the administration of the other provisions of Executive Order 11652 and the NSC Directive by OPM to the GPM Committee for Classification of Security Information, Office of Personnel Management, Washington, D.C. 20415.

(e) Other material. OPM Administrative Manual, Chapter 175.02 covering OPM policies and procedures relating to classified information or material is available for inspection by the public in the OPM Library, Room 5H27, 1900 E Street NW., Washington, D.C. or in one of the 10 OPM regional offices in the following cities: Atlanta, Boston, Chicago, Dallas, Denver, New York, Philadelphia, St. Louis, San Francisco, and Seattle.

(E.O. 11652, 37 FR 5209)

[37 FR 21925, Oct. 17, 1972]

PART 177-ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT

Sec.

177.101 Scope of regulations.

177.102 Administrative claim; when presented; appropriate OPM office. 177.103 Administrative claim; who may file.

177.104 Investigations.

177.105 Administrative claim; evidence and information to be submitted. 177.106 Authority to adjust, determine, compromise, and settle.

177.107 Limitations on authority. 177.108 Referral to Department of Justice. 177.109 Final denial of claim. 177.110

Action on approved claim.

AUTHORITY: 28 U.S.C. 2672; 28 CFR 14.11. SOURCE: 33 FR 12405, Sept. 4, 1968, unless otherwise noted.

§ 177.101 Scope of regulations.

This part applies 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 an officer or employee of OPM (referred to in this part as an "employee") while acting within the scope of his office or employment.

§ 177.102 Administrative claim; when presented; appropriate OPM office.

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

(b) Except as provided in paragraph (c)(1) of this section, a claimant shall mail or deliver his claim to the Office of the General Counsel, Office of Personnel Management, 1900 E Street NW., Washington, D.C. 20415.

(c) (1) When a claim is for $500 or less and does not involve a personal injury, the claimant shall mail or deliver it to the Director of the OPM's regional office which employs the individual whose negligence or wrongful act or omission is alleged to have caused the loss or injury complained of. In these cases, the address of the appropriate Regional Director is one of the following:

New England Region, John W. McCormack, Post Office and Courthouse Building, Boston MA 02109 (formerly Boston Region).

Eastern Region, New Federal Building, 26 Federal Plaza, New York, NY 10007 (formerly New York Region). Mid-Atlantic Region, William J. Green, Jr., Federal Building, 600 Arch Street, Philadelphia, PA 19106 (formerly Philadelphia Region).

Southeast Region, Richard B. Russell, Federal Building, 75 Spring Street, SW, Atlanta, GA 30303 (formerly Atlanta Region). Great Lakes Region, John C. Kluczynski, Federal Building, 29th Floor, 230 South Dearborn Street, Chicago, IL 60604 (formerly Chicago Region).

Southwest Region, 100 Commerce Street, Dallas, TX 75242 (formerly Dallas Region). Mid-Continent Region, 1256 Federal Building. 1520 Market Street, St. Louis, MO 63103 (formerly St. Louis Region). Rocky Mountain Region, Building 20, Denver Federal Center, Denver, CO 80225 (formerly Denver Region). Western Region, 525 Market Street, 23rd Floor, San Francisco, CA 94105 (formerly San Francisco Region). Northwest Region, Federal Building, 26th Floor, 915 Second Avenue, Seattle, WA 98174 (formerly Seattle Region).

(2) If the OPM employee's office of employment is the Central Office of OPM or is not known and not reasonably ascertainable, the claimant shall mail or deliver his claim to the Office of the General Counsel, Office of Personnel Management, 1900 E Street NW., Washington, D.C. 20415.

[33 FR 12405, Sept. 4, 1968, as amended at 44 FR 65025, Nov. 9, 1979]

§ 177.103 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 authorized agent, or his legal representative.

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

§ 177.104 Investigations.

OPM may investigate, or may request any other Federal agency to investigate, a claim filed under this part.

§ 177.105 Administrative claim; 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 identification of those survivors who were dependent for support on the decedent at the time of his death.

(4) Degree of support afforded by the decedent to each survivor dependent on 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 before 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