the existence of Confidential, Secret, or Top Secret information, a report providing all available details must be immediately submitted to the DOL Document Security Officer for appropriate action and disposition.

(d) Requests from outside the United States. All requests from outside the United States for Top Secret, Secret or Confidential information, except those received from foreign offices of the primary organizational unit or from U.S. embassies or similar missions, will be referred to the Deputy Under Secretary for International Affairs.

(e) Access by historical researchers. Individuals outside the executive branch engaged in historical research may be authorized access to classified information over which the DOL has jurisdiction provided:

(1) The research and need for access conform to the requirements of section 4-3 of Executive Order 12356.

(2) The information requested is reasonably accessible and can be located and compiled with a reasonable amount of effort.

(3) The researcher agrees to safeguard the information in a manner consistent with E.O. 12356 and directives thereunder.

(4) The researcher agrees to a review of the notes and manuscript to determine that no classified information is contained therein.

Authorization for access is valid for the period required but no longer than two years from the date of issuance unless it is renewed under the conditions and regulations governing its original authorization.

(f) Access by former presidential appointees. Individuals who have previously occupied policymaking positions to which they were appointed by the President may be authorized access to classified information which they . originated, reviewed, signed, or received while in public office. Upon request, information identified by such individuals will be reviewed for declassification in accordance with the provisions of these regulations.

§ 14.21 Release of classified information to foreign governments. National security information will be released to foreign governments in ac

cordance with the criteria and procedures stated in the President's Directive entitled "Basic Policy Governing the Release of Classified Defense Information to Foreign Governments" dated September 25, 1985. All requests for the release of such information will be referred to the Deputy Under Secretary for International Affairs.

§ 14.22 Availability of classified information to persons not employed by the Department of Labor.

(a) Approval for access. Access to classified information in the possession or custody of the primary organizational units of the Department by individuals who are not employees of the executive branch shall be approved in advance by the DOL Document Security Officer.

(b) Access to Top Secret material. Access to Top Secret Information within the primary organizational units of the DOL by employees of other Federal agencies must be approved in advance by the Top Secret Control Officer of the primary organizational unit.

(c) Access to Secret and Confidential information. Secret and Confidential information may be made available to properly cleared employees of other Federal departments or outside agencies if authorized by the primary organizational units having custody of the information.

PART 15-ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND RELATED STATUTES

Subpart A-Claims Against Government Under Federal Tort Claims Act

15.1 Scope and purpose.

(a) The purpose of this subpart is to set forth regulations relating to claims asserted under the Federal Tort Claims Act, as amended, accruing on or after January 18, 1967, and filed after the effective date of these regulations, for money damages against the United States for injury to or loss of property or personal injury or death casued by the negligent or wrongful act or omission of an officer or employee of the Department of Labor while acting within the scope of his office or employment. It reflects delegations of authority which have been published in the FEDERAL REGISTER and replaces §2.5 of this title, "General Regulations," relating to "Claims under the Federal Tort Claims Act for loss or damage to property or for personal injury or death," which is hereby revoked.

(b) 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 FR 16616; 28 CFR part 14).

$15.2 Definitions.

(a) Department means the Department of Labor, which consists of the Office of

the Secretary and the several organizational units.

(b) Organizational unit means the jurisdictional area of each Assistant Secretary, each office head reporting directly to the Secretary, and each Regional Administrator.

(c) Act means the Federal Tort Claims Act, as amended (28 U.S.C. 1346(b), 28 U.S.C. 2671 et seq.).

§ 15.3 Filing of claims.

(a) A claim for injury to or loss of property may be presented by the owner of the property, his duly authorized agent, or his legal representative.

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

(c) A claim for 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 in accordance with applicable State law.

(d) A claim for loss wholly compensated by an insurer and 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. 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 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 legal representative.

§ 15.4 Where to file.

(a) For the purposes of this subpart, a claim shall be deemed to have been presented when the Department receives, at a place designated in paragraph (b) of this section, a properly executed "Claim for Damages or Inquiry", on Standard Form 95, or other written notification of an incident ac

companied by a claim for money damages in a sum certain for injury to or loss of property or personal injury or death by reason of the incident.

(b)(1) A claimant shall mail or deliver his claim for money damages for injury to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Department while acting within the scope of his office or employment hereunder to the office of employment of the departmental employee or employees whose negligent or wrongful act or omission is alleged to have caused the alleged loss or injury. Where such office of employment is the Department's national office in Washington, DC, or is not reasonably known and not reasonably ascertainable, claimant shall file his

claim with the

Office of the Solicitor of Labor, U.S. Department of Labor, 200 Constitution Avenue, NW., Suite N2716, Washington, DC 20210.

(2) In all other cases, the claimant shall address his claim to the regional or branch office of the Office of the Solicitor having jurisdiction over the location of the office of employment. The addresses and areas of jurisdiction for each such regional and branch office are as follows:

Regional Solicitor, U.S. Department of Labor, John F. Kennedy Federal Building, Government Center-Room 1803, Boston, MA 02203.

(For claims arising in Maine, Massachusetts, New Hampshire, Vermont, Rhode Island, and Connecticut.) Regional Solicitor, U.S. Department of Labor, 1515 Broadway, Room 3555, New York, NY 10036.

(For claims arising in New Jersey, and New York.)

Regional Attorney, U.S. Department of Labor, 212 U.S. Court House and Federal Office Building, Carlos Chardon Avenue, Hato Rey, PR 00918.

(For claims arising in Puerto Rico and the Virgin Islands.)

Regional Solicitor, U.S. Department of Labor, 14480 Gateway Building, 3535 Market Street, Philadelphia, PA 19104.

(For claims arising in Delaware, Maryland, Pennsylvania, Virginia, and West Virginia.) Regional Solicitor, U.S. Department of Labor, 1371 Peachtree Street, N.E., Room 339, Atlanta, GA 30309.

(For claims arising in Florida, Georgia, and South Carolina.)

Associate Regional Solicitor, U.S. Department of Labor, 1929 9th Avenue S., Birmingham, AL 35205.

(For claims arising in Alabama and Mississippi.)

Regional Attorney, U.S. Department of Labor, 280 U.S. Courthouse Building, 801 Broadway, Nashville, TN 37203.

(For claims arising in Kentucky, North Carolina, and Tennessee.)

Regional Solicitor, U.S. Department of Labor, Federal Office Building, 230 South Dearborn Street, Eighth Floor, Chicago, IL 60604.

(For claims arising in Illinois, Indiana, Minnesota, and Wisconsin.)

Associate Regional Solicitor, U.S. Department of Labor, Federal Office Building, Cleveland, OH 44199.

(For claims arising in Ohio.)

Associate Regional Solicitor, U.S. Department of Labor, 234 State Street, Detroit, MI 48226.

(For claims arising in Michigan.) Regional Solicitor, U.S. Department of Labor, 555 Griffin Square Building, Suite 707, Griffin & Young Streets, Dallas, TX 75202.

(For claims arising in Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.) Regional Solicitor, U.S. Department of Labor, 2106 Federal Office Building, 911 Walnut Street, Kansas City, MO 64106. (For claims arising in Iowa, Kansas, Missouri, and Nebraska.)

Associate Regional Solicitor, U.S. Department of Labor, Federal Office Building, Room 16444, 1961 Stout Street, Denver, CO 80202.

(For claims arising in Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.)

Regional Solicitor, U.S. Department of Labor, P.O. Box 36017 Federal Building, 450 Golden Gate Avenue, San Francisco, CA 94102.

(For claims arising in Arizona (except Southern Arizona), California (except Southern California), Guam, Hawaii, and Nevada (except Southern Nevada).)

Associate Regional Solicitor, U.S. Department of Labor, Federal Building, Los Angeles, CA 90012.

(For claims arising in Southern Arizona, Southern California, and Southern Nevada.) Associate Regional Solicitor, U.S. Department of Labor, 7009 Federal Office Building, 900 First Avenue, Seattle, WA 98101. (For claims arising in Alaska, Idaho, Oregon, Washington.)

[42 FR 769, Jan. 7, 1977, as amended at 42 FR 11832, Mar. 1, 1977]

§ 15.5 Evidence or information required.

(a) Personal injury. In support of a claim for personal injury, including pain and suffering, the claimant is required to submit the following evidence or information:

(1) A written report by the attending physician or dentist setting forth the nature and extent of the injury, nature and extent of treatment, any degree of temporary or permanent impairment, the prognosis period of hospitalization, if any, 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 Department 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 Department any other physician's report previously or thereafter made of the physical or mental condition which is the subject matter of the claim.

(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 lost. For example, income tax returns for several years prior to the injury in question and the year in which the injury occurred may be used to indicate or measure lost income; a statement of how much it did or would cost the claimant to hire someone else to do the same work he was doing at the time of injury might also be used in measuring lost income.

(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 name, address, birth date, kinship and marital status of the decedent's survivors, including identification of those survivors who were dependent for support upon the decedent at the time of his death.

(4) Degree of support afforded by the 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 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 damages claimed.

(c) Property damages. 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 itemized written estimates of the cost of such 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.

§ 15.6 Action on claims.

(a) Claims investigation. When a claim has been filed with the Department, the head of the organizational unit involved, or his designee, shall designate an employee in that unit who shall act as the Claims Investigatory Officer for the claim and who shall:

(1) Investigate as completely as is practicable the nature and circumstances of the occurrence causing the loss or damage to 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, a finding 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) Submit such forms, statements, and all necessary supporting papers to the head of the organizational unit having jurisdiction over the employee involved, who shall then transmit the entire file to the appropriate Office of the Solicitor of Labor, as set forth in §15.4(b) above.

(b) Authority to consider, ascertain, adjust, determine, compromise and settle claims. The Deputy Solicitor shall have the power to consider, ascertain, adjust, determine, compromise and settle claims pursuant to the Federal Tort Claims Act which involve the alleged negligence, or wrongful act or omission of an employee whose office of employment is the Department's national office in Washington, DC, or which exceed $2,500 in amount or which involve a new precedent or a new point of law, or a question of policy. Regional Solicitors, the Associate Regional Solicitors and Regional Attorneys listed in §15.4(b) are authorized to consider, ascertain, adjust, determine, compromise and settle, claims arising in their re

spective jurisdictions pursuant to the Federal Tort Claims Act which do not exceed $2,500 in amount and which do not involve a new precedent or new point of law or a question of policy.

[42 FR 769, Jan. 7, 1977, as amended at 42 FR 11832, Mar. 1, 1977]

§ 15.7 Payment of awards.

Any award, compromise or settlement in the amount of $2,500 or less made pursuant to this section shall be paid by the Secretary of Labor out of appropriations available to the Department of Labor. Payment of an award, compromise or settlement in an amount in excess of $2,500 made pursuant to this section shall be made in accordance with 28 CFR 14.10.

§ 15.8 Referral to Department of Justice.

An award, compromise or settlement of a claim under §2672, title 28 U.S.C., 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 subpart, a principal claim and any derivative or subrogated claim shall be treated as a single claim.

§ 15.9 Final denial of claim.

Final denial of an administrative claim under this subpart shall be in writing, and notification of denial shall be sent to the claimant, his attorney or legal representative by certified or registered mail. The notification of final denial shall include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the Department's 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.

§ 15.10 Action on approved claim.

(a) Payment of a claim approved under this subpart is contingent upon claimant's execution of (1) a claim for "Damage or Injury", Standard Form 95; (2) a claims settlement agreement; and (3) a "Voucher for Payment", Standard Form 1145, as appropriate. When a claimant is represented by an attorney, the voucher for payment shall designate both the claimant and