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bloc and of other countries in terms of of economic data, use of converted armapromoting the national security;

ments and armament producing facili(c) Plans, directs, conducts, and co- ties for peaceful purposes, manpower ordinates, within the framework of and industrial plant conversion, and seACDA's overall research program, re- lective control of transport and trade search and evaluation projects and in key commodities; studies designed to provide guidance con- (f) Analyzes and evaluates the sociocerning the military implications of vari- logical, motivational, and psychological ous concepts, proposals, and techniques factors bearing upon the continued enof arms control and disarmament, and forcement of agreed arms control and the effects of such on the military disarmament measures and upon the environment;

maintenance of peace under varying (d) Evaluates current military strat- conditions; egy and weapons systems of the United (g) Works closely with other GovernStates and other countries to assess the ment agencies and with interested State, effect of arms control and disarmament regional, local, and nongovernmental plans on the security of the United groups to assure maximum use of existStates, and recommends how such plans ing facilities for the evaluation and should be modified to ensure the secu- understanding of economic, social, and rity of the United States;

behavioral factors bearing upon the con(e) Plans, designs, and implements sequence of arms control and disarmafield tests and experiments necessary to ment measures. meeting ACDA research and policy sup

§ 603.20 The General Counsel. port objectives and requirements in the area of weapons evaluation and control; (a) As chief legal officer of the Agency,

(f) Consults closely with the military has responsibility for all legal matters services regarding the developments of arising in or referred to the Agency; disarmament proposals and policy by the (b) Directs, supervises, and coordiAgency and regarding the strategy and nates research studies and projects replans being adopted by those charged lating to international legal arrangewith the military security of the United ments and peacekeeping machinery reStates.

sponsive to the needs of negotiation and $ 603.19 Assistant Director, Economics

policy formulation;

(c) Advises on international law probBureau.

lems and prepares final drafts of pro(a) Conducts a program of research posed treaties relating to arms control in the economic, social, and behavioral and disarmament; aspects of arms control and disarma- (d) Frequently serves as a member of ment responsive to the needs of negotia- U.S. delegations to international confertion and policy formulation;

ences relating to arms control and dis(b) Studies and evaluates the eco- armament to advise the chief of the delenomic background and the social and gation in matters concerning internabehavioral significance of specific dis- tional law and the drafting of treaty armament proposals advanced by other language; governments, particularly by the Soviet

(e) Assumes primary responsibility bloc;

within the Agency, under the direction (c) Compiles data on, analyzes and of the Director, for liaison with Congress, appraises, and develops Agency recom- and drafts all legislation proposed by the mendations concerning the economic, Agency; social, and behavioral impact of arms (f) Formulates, or participates in the control and disarmament, including the formulation of, Agency regulations and problems of readjustment arising in in- advises on all legal problems which may dustry and the reallocation of national arise in the development or implementaresources;

tion of Agency personnel, security, pat(d) Investigates and studies all ques- ent, procurement, fiscal, and other policy; tions of cost of control systems, includ- and drafts unusual or unique provisions ing analysis of national budgets, levels of Agency contracts and grants; of industrial production, and economic (g) Provides legal representation of indicators;

the Agency in matters involving the (e) Plans and directs research con- Congress, other departments and agencerned with economic requirements for cies of the Government, foreign governeffective control systems, including filing ments, and independent contractors.

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$ 603.21 The Executive Director.

(a) Discharges the administrative management responsibilities of the Agency including organization, budget, personnel, general services, security, and procurement, utilizing the facilities of the Department of State to the extent agreed upon by the Secretary and the Director;

(b) Develops, recommends, revises, and promulgates the organizational structure and assignment of functions within the Agency;

(c) Directs the development and operation of administrative management controls including fiscal controls, reporting systems, and manuals of regulations and procedures;

(d) Provides central control and coordination for issuance of rules and regulations, as well as delegations of authority within the Agency;

(e) Serves as the Chairman of the Agency Research Council, responsible for promoting and coordinating the comprehensive and balanced program of research needed by the Government for arms control and disarmament policy formulation.

(f) Serves as or designates the Chairman of the Agency Research Planning Group, responsible, under the general supervision of the Research Council; (1) for identification of the purpose and objectives of the Agency research and field test program, (2) for developing basic guidelines for planning research and field tests, to include the development of recommendations for specific research objectives and priorities, (3) for coordinating the research and field test plans of the Bureaus, subject to action by the Research Council to the Director, and (4) for developing requirements and procedures for the evaluation of major portions of the ACDA research and field test program.

(g) Formulates and implements policies and supervisory procedures covering procurement by the Agency to assure uniform application in contractor selection and contract actions.

(h) In collaboration with the Office of the General Counsel and with the project officers of the Bureaus assigned responsibility for contract research projects, prepares Agency contracts for approval and execution by the Director or by the Agency's contracting officers, as appropriate.

(i) Provides reference and information support to all organizational components of the Agency, including such services as the acquisition, storage, retrieval and dissemination of technical information covering all facets of arms control and disarmament.

(j) Prepares reference aids to support research, including bibliographies, information abstracts and extracts, technical accession lists, summaries, indexes, digests, and cataloging services.

(k) Provides a technical library service.

(1) Plans the development, implementation and administration of an information indexing and retrieval program for technical inquiry response.

(m) Administers a records management program, including mail and messenger service.

(n) Monitors information service contracts and reimbursable agreements.

(0) Provides direct support to both internal and external research activities through the development and maintenance of information profiles, continuing direct liaison with other information resources and assistance with identifying and selecting appropriate information for contractor use.

(p) Makes available information to the public pursuant to the Freedom of Information Act.

(q) Revises schedule of fees, or otherwise determines user charges for general Agency application for information made public under the Freedom of Information Act. [32 F.R. 9202, June 28, 1967, as amended at 33 F.R. 9167, June 21, 1968; 33 F.R. 19178, Dec. 24, 1968]

PART 604-ADMINISTRATIVE CLAIMS

UNDER THE FEDERAL TORT CLAIMS

ACT Sec. 604.1 Definitions. 604.2 Scope of regulations. 604.3 Exceptions. 604.4 Administrative claim; when pre

sented. 604.5 Administrative claim; who may file. 604.6 Administrative claim; evidence and

information to be submitted. 604.7 Authority to adjust, determine, com

promise and settle. 604.8 Limitation on Agency authority. 604.9 Referral to the Department of Jus

tice. 604.10 Investigation and examination. 604.11 Limitations.

Sec.
604.12 Signatures.
604.13 Penalties.
604.14 Attorney fees.
604.15 Disclosure of information.
604.16 Final denial of claim.
604.17 Action on approved claims.

AUTHORITY: The provisions of this Part 604 issued under 28 U.S.C. 2672; 28 CFR 14.11.

SOURCE: The provisions of this Part 604 appear at 33 F.R. 14593, Sept. 28, 1968, unless otherwise noted. $ 604.1 Definitions.

Agency. Agency means the United States Arms Control and Disarmament Agency.

Act. Act means Federal Tort Claims Act, as amended, codified in title 28 of the United States Code, sections 2671 to 2680.

Attorney. Attorney means any person who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia (Representation Before Federal Agencies, 5 U.S.C. section 500(b)).

Employee. Employee includes anyone serving in the Agency as:

(a) A person appointed by the President and confirmed by the Senate to a position in the Agency.

(b) A person appointed by the Director or by his designee to a position in the Agency.

(c) A special Government employee appointed by the Director or his designee to perform, with or without compensation, for not to exceed 130 days during any period of 365 consecutive days, temporary duties either on a full time or intermittent basis (18 U.S.C. section 202).

Federal agency. Federal agency includes the executive departments, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States.

State. State means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. $ 604.2 Scope of regulations.

The regulations in this part shall apply only to claims asserted under the Federal Tort Claims Act, as amended,

for money damages against the United States for injury, or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Agency while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. 8 604.3 Exceptions.

As provided in section 2680 of the Act, claims not compensable hereunder include:

(a) Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Government, whether or not the discretion involved be abused.

(b) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.

(c) Any claim arising in a foreign country. § 604.4 Administrative claim; when pre

sented. (a) For the purposes of the provisions of section 2672 of the Act and of this part, a claim shall be deemed to have been presented when the Agency receives, in the office designated in paragraph (b) 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, personal injury or death alleged to have occurred by reason of the incident. The claimant may, if he desires, file a brief with his claim setting forth the law or other arguments in support of his claim. In cases involving claims by more than one person arising from a single accident or incident, individual claim forms shall be used. A claim which should have been presented to the Agency, but which was mistakenly addressed to or filled with another Fed

eral agency, shall be deemed to have been (2) Decedent's employment or occupresented to the Agency as of the date pation at time of death, including his the claim is received by the Agency. If monthly or yearly salary or earnings a claim is mistakenly addressed to or (if any), and the duration of his last filed with the Agency, the Agency shall employment or occupation. transfer it forthwith to the appropriate (3) Full names, addresses, birth dates, agency.

kinship, and marital status of the dece(b) A claimant shall mail, or deliver dent's survivors, including identification his claim to the Office of the General of those survivors who were dependent Counsel, United States Arms Control and for support upon the decedent at the Disarmament Agency, State Department

time of his death. Building, 320 21st Street NW., Washing- (4) Degree of support afforded by the ton, D.C. 20451.

decedent to each survivor dependent $ 604.5 Administrative claim; who may

upon him for support at the time of his

death. file.

(5) Decedent's general physical and (a) A claim for injury to or loss of

mental condition before death. property may be presented by the owner

(6) Itemized bills for medical and of the property, his duly authorized agent

burial expenses incurred by reason of the or legal representative.

incident causing death, or itemized re(b) A claim for personal injury may ceipts of payment for such expenses. be presented by the injured person, his (7) If damages for pain and suffering duly authorized agent, or legal repre- prior to death are claimed, a physician's sentative.

detailed statement specifying the injur(c) A claim based on death may be

ies suffered, duration of pain and sufferpresented by the executor or adminis

ing, any drugs administered for pain trator of the decedent's estate, or by any

and the decedent's physical condition in other person legally entitled to assert

the interval between injury and death. such a claim in accordance with appli- (8) Any other evidence or information cable State law.

which may have a bearing on either the (d) A claim for loss wholly compen- responsibility of the United States for sable by an insurer with the rights of a

the death or the damages claimed. subrogee may be presented by the insurer.

(b) Personal injury. In support of a A claim for loss partially compensated claim for personal injury, including pain by an insurer with the rights of a sub

and suffering, the claimant may be rerogee may be presented by the insurer

quired to submit the following evidence or insured individually, as their respec- or information: tive interests appear, or jointly. When an

(1) A written report by his attending insurer presents a claim asserting the physician or dentist setting forth the rights of a subrogee, he shall present with nature and extent of the injury, nature his claim appropriate evidence that he and extent of treatment, any degree of has the rights of a subrogee.

temporary or permanent disability, the (e) A claim presented by an agent or

prognosis, period of hospitalization, and legal representative shall be presented any diminished earning capacity. In adin the name of the claimant, be signed dition, the claimant may be required to by the agent or legal representative, show submit to a physical or mental examinathe title or legal capacity of the person tion by a physician employed by the signing, and be accompanied by evidence

agency or another Federal agency. A of his authority to present a claim on

copy of the report of the examining behalf of the claimant as agent, executor, administrator, parent, guardian, attor

physician shall be made available to the ney, or other representative.

claimant upon the claimant's written re

quest provided that he has, upon request, $ 604.6 Administrative claim; evidence

furnished the report referred to in the and information to be submitted.

first sentence of this subparagraph and (a) Death. In support of a claim based

has made or agrees to make available to on death, the claimant may be required to submit the following evidence or

the Agency any other physician's reinformation:

ports previously or thereafter made of (1) An authenticated death certificate

the physical or mental condition which or other competent evidence showing

is the subject matter of his claim. cause of death, date of death, and age (2) Itemized bills for medical, dental, of the decedent,

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.

(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) An itemized receipt of payment for necessary repairs; or in the case of unrepaired property, not less than two itemized written estimates of the cost of such repairs signed by reliable and disinterested persons who specialize in such work.

(4) Corroborative statements from two reliable, qualified and disinterested persons with respect to the cost, age of property, 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.

(d) Time limit. All evidence or information required to be submitted by this section shall be furnished by the claimant, his duly authorized agent or legal representative within a reasonable time. Failure of the claimant, his duly authorized agent or legal representative, to furnish evidence or information necessary to a determination of his claim within 2 months after a request therefor has been mailed to the last known address of such claimant, agent or representative, may be deemed an abandonment of the claim which may thereupon be disallowed.

8 604.7 Authority to adjust, determine,

compromise and settle. The General Counsel of the Agency, or his designee, is delegated authority to consider, ascertain, adjust, determine, compromise, and settle claims asserted under the provisions of section 2672 of the Act and under this part. $ 604.8 Limitation on Agency authority.

(a) An award, compromise, or settlement of a claim by the Agency under the provisions of section 2672 of the Act, 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 claim shall be treated as a single claim.

(b) An administrative claim may be adjusted, determined, compromised, or settled by the Agency under the provisions of section 2672 of the Act, only after consultation with the Department of Justice, when, in the opinion of the Agency:

(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 Agency 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 related claim in which the amount to be paid may exceed $25,000.

(c) An administrative claim may be adjusted, determined, compromised, or settled by the Agency under the provisions of section 2672 of the Act, only after consultation with the Department of Justice when the Agency is informed or is otherwise aware 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. 8 604.9 Referral to Department of Jus

tice. When Department of Justice approval or consultation is required under $ 604.8, or the advice of the Department of Justice is otherwise to be requested, the referral or request of the Agency shall be transmitted in writing to the Assistant Attorney General, Civil Division,

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