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CHAPTER DEPARTMENT OF JUSTICE

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Part 43

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Recovery of cost of hospital and medical care and

treatment furnished by the United States
Unfair immigration-related employment practices
Employee responsibilities
Protection of human subjects
Right to Financial Privacy Act
Newspaper Preservation Act
Antitrust Civil Process Act
Statements of policy
Procedures for the administration of section 5 of

the Voting Rights Act of 1965, as amended
Proceedings before U.S. magistrate judges
Nondiscrimination on the basis of sex in education

programs or activities receiving federal financial

assistance ...
Implementation of the provisions of the Voting

Rights Act regarding language minority groups ..
International Energy Program
Investigation of discrimination in the supply of pe-

troleum to the Armed Forces ....
Regulations relating to the Bankruptcy Reform

Acts of 1978 and 1994
Guidelines on methods of obtaining documentary

materials held by third parties
Authorization of Federal law enforcement officers

to request the issuance of a search warrant
Procedures for implementing the National Envi-

ronmental Policy Act
Floodplain management and wetland protection

procedures
Designation of officers and employees of the

United States for coverage under section 1114 of

title 18 of the U.S. Code ..
Emergency Federal law enforcement assistance

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Part 66

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Uniform administrative requirements for grants

and cooperative agreements to State and local

governments ....
Government-wide debarment and suspension (non-

procurement) ..........
Rules of practice and procedure for administrative

hearings before administrative law judges in
cases involving allegations of unlawful employ-
ment of aliens, unfair immigration-related em-

ployment practices, and document fraud
New restrictions on lobbying
Uniform administrative requirements for grants

and agreements (including subawards) with insti-
tutions of higher education, hospitals and other

non-profit organizations
Implementation of the provisions of the Program

Fraud Civil Remedies Act of 1986 ....
Notifications to the Attorney General by agents of

foreign governments
Civil Liberties Act redress provision
Child Protection Restoration and Penalties En-

hancement Act of 1990; record-keeping provisions
Rules of procedure for assessment of civil penalties

for possession of certain controlled substances
Ethical standards for attorneys for the govern-

ment
Claims under the Radiation Exposure Compensa-

tion Act
Foreign Corrupt Practices Act opinion procedure
Child abuse and child pornography reporting des-

ignations and procedures
Government-wide requirements for drug-free

workplace (Grants)
Civil monetary penalties inflation adjustment
Violence against women
Grants for correctional facilities
Office of Community Oriented Policing Services

(COPS) .......
Provisions implementing the Violent Crime Con-

trol and Law Enforcement Act of 1994
Standards for private entities providing prisoner

or detainee services .....
Cost recovery regulations, Communications Assist-

ance for Law Enforcement Act of 1994 .....
September 11th Victim Compensation Fund of 2001
Security risk assessments
Alien terrorist removal procedures

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CROSS REFERENCES: Customs Service, Department of the Treasury: See Customs Duties, 19

CFR chapter I.

Internal Revenue Service, Department of the Treasury: See Internal Revenue, 26 CFR chapter I.

Employees' Benefits: See title 20.
Federal Trade Commission: See Commercial Practices, 16 CFR chapter I.

NOTE: Other regulations issued by the Department of Justice appear in title 4; title 8; title 21; title 45; title 48.

SUPPLEMENTARY PUBLICATIONS: The official opinions of the Attorneys General of the United

States. (Op. A. G.) Irregular, 1789—; Washington, v. 14, 1852—.

PART 43–RECOVERY OF COST OF

HOSPITAL AND MEDICAL CARE
AND TREATMENT FURNISHED BY
THE UNITED STATES

nected disability under the provisions of chapter 17 of title 38 of the U.S. Code.

[Order No. 289-62, 27 FR 11317, Nov. 16, 1962)

(a)

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$ 43.2 Obligations of persons receiving

care and treatment.

In the discretion of the Department or Agency concerned, any person furnished care and treatment under circumstances in which the regulations in this part may be applicable, his guardian, personal representative, estate, dependents or survivors may be required:

(1) To assign in writing to the United States his claim or cause of action against the third person to the extent of the reasonable value of the care and treatment furnished or to be furnished, or any portion thereof;

(2) To furnish such information as may be requested concerning the circumstances giving rise to the injury or disease for which care and treatment is being given and concerning any action instituted or to be instituted by or against a third person;

(3) To notify the Department or Agency concerned of a settlement with, or an offer of settlement from, a third person; and

(4) To cooperate in the prosecution of all claims and actions by the United States against such third person.

(b) (Reserved] (Order No. 289-62, 27 FR 11317, Nov. 16, 1962, as amended by Order No. 896-80, 45 FR 39841, June 12, 1980)

$ 43.1 Administrative determination

and assertion of claims. (a) The head of a Department or Agency of the United States responsible for the furnishing of hospital, medical, surgical or dental care and treatment (including prostheses and medical appliances), or his designee, shall determine whether such hospital, medical, surgical or dental care and treatment was or will be furnished for an injury or disease caused under circumstances entitling the United States to recovery under the Act of September 25, 1962 (Pub. L. 87-693); and, if it is so determined, shall, subject to the provisions of $43.3, assert a claim against such third person for the reasonable value of such care and treatment. The Department of Justice, or a Department or Agency responsible for the furnishing of such care and treatment may request any other Department or Agency to investigate, determine, or assert a claim under the regulations in this part.

(b) Each Department or Agency is authorized to implement the regulations in this part to give full force and effect thereto.

(c) The provisions of the regulations in this part shall not apply with respect to hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished by the Veterans Administration to an eligible veteran for a service-con

8 43.3 Settlement and waiver of claims.

(a) The head of the Department or Agency of the United States asserting such claim, or his or her designee, may:

(1) Accept the full amount of a claim and execute a release therefor;

(2) Compromise or settle and execute a release of any claim, not in excess of $100,000, which the United States has for the reasonable value of such care and treatment; or

(3) Waive and in this connection release any claim, not in excess of $100,000, in whole or in part, either for the convenience of the Government, or if the head of the Department or Agency, or his or her designee, determines that collection would result in undue hardship upon the person who suffered

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