APPENDIX A DEPARTMENTAL ORDER No. 1082 (Amending Departmental Order No. 532) In order to facilitate the preparation of claims for personal losses of officers and employees of the Foreign Service for such legislative action as may be desirable as soon as possible after such claims arise, a Claim Board is hereby established, to consist of 1. The Assistant Secretary of State designated as Budget Officer; 2. The legal adviser; 3. The Chief of the Division of Foreign Service Administration. The Board will at once proceed to the consideration of claims for personal losses which are pending in the Department and report their findings as to the justness and reasonableness of each claim to the Secretary of State with a recommendation as to the action deemed to be desirable. Each member of the Board is authorized to delegate to a member of his staff the work of considering claims, but shall assume responsibility for the conclusions reached and sign the report to be submitted to the Secretary of State. The members of the Board will be guided in their work by the following regulations: REGULATIONS PER CLAIMS OF DIPLOMATIC, CONSULAR, OR FOREIGN SERVICE OFFICERS AND SECTION 1. Where private property belonging to diplomatic, consular, or Foreign Service officers, clerks, or employees and their families, whether in active service or retired or resigned, including all household articles and clothing which they may have owned or used during the time that they held such appointments as officers, clerks, or employees, and their families, is lost, damaged, or destroyed in the course of their service, its value shall be appraised for submission to Congress with a recommendation for relief of the owner as hereinafter provided, when such loss, damage, or destruction has occurred without fault or negligence on the part of the owner in any of the following circumstances: (a) When such private property is lost, damaged, or destroyed as a consequence of the performance of duties under the direction of the Department of State; (b) When it appears that such private property was lost, damaged, or destroyed in consequence of its owner having given his attention to the saving of human life or property belonging to the United States which was in danger at the same time and under similar circumstances; (e) When during travel under orders such private property, including the reguation allowance of baggage, transferred by a common carrier, or otherwise transported by the proper agent or agency of the United States Government is lost, damaged, or destroyed; but recoupment, or commutation in these circumstances, where the property was transported by a common carrier shall be limited to the extent of such loss, damage, or destruction over and above the amount recovered from said carrier; and that no claim under this category shall be favorably considered where the claimant has failed to exhaust his legal remedies against the common carrier. (d) When such private property is destroyed or captured by the enemy or is destroyed to prevent its falling into the hands of the enemy, or is abandoned on account of lack of transportation or by reason of emergency requiring its abandonment, or is otherwise lost under warlike conditions. (e) When such private property is lost, destroyed, or damaged by a catastrophe of nature. In determining what is negligence, the Board will take into consideration whether the failure of the claimant to carry insurance on his property should, in the circumstances, constitute negligence. SECTION 2. The liability of the Government shall be limited to damage or loss of such sums of money or such articles of personal property as the Claim Board shall decide or declare to be reasonable, useful, necessary, and proper for officers, clerks, and employees of the Foreign Service to have in their possession while in the public service in the line of duty. It is distinctly to be understood, however, that no claim on account of losses occurring within the United States shall be allowed, except where the claimant is traveling under orders between the United States and a foreign post. SECTION 3. The Claim Board will examine into, ascertain and determine the value of such property lost, destroyed, captured, or abandoned as specified in the foregoing paragraphs, or the amount of damage thereto, as the case may be. SECTION 4. The Board will require an affidavit from the claimant as to the circumstances of the loss, the amount of property lost, and the value of the property at the time of loss. This affidavit should show whether insurance was carried on the property lost, the amount of such insurance and what recovery, if any, has been made. It is suggested that the articles for which claim is made be estimated and classified and in this connection the following classifications might be used: (a) "Excellent," in describing the condition and serviceability of the articles, indicates that the article is practically as good as new and without any defect; (b) "Very Good" indicates that, while the article is practically as serviceable and presentable as it would be if new, it may show trifling signs of use on close inspection; (c) "Good" indicates a serviceable and presentable article without serious defect but beginning to show signs of use. In case oral testimony of witnesses is not available the Board will accept certificates or affidavits from officers, clerks, and employees, or affidavits from persons not in the Service. The Board shall have power to suggest and require any additional evidence that may be considered pertinent to the claim. SECTION 5. Except as otherwise indicated below, allowance will be made for all articles which are reasonably necessary for the claimant to have in his possession in any and all conditions, in which he may have been required to serve: no allowance will be made for luxuries; for souvenirs; for articles having a purely sentimental value; for articles that cannot properly be regarded as useful, reasonable, and necessary in the Service; for articles of approved classes to the extent the same may be in excess of reasonable needs; nor for worn-out articles or for those that cannot be classed as good and serviceable. SECTION 6. Where a claim includes items of furniture, household effects, or miscellaneous articles, allowance will be limited to such as are needed and are appropriate, in moderate numbers or quantities, and reasonable in price, and will be based upon, actual condition and serviceability at time of loss so far as can be. ascertained. In the case of expensive articles or those purchased at unusually high prices, allowances will be based upon fair and reasonable prices for articles suitable for necessary purposes. No allowance in excess of $500 will be made for pianos, and no allowance in excess of $100 will be made for victrolas. SECTION 7. Claims for money lost will be considered in general when the loss resulted from circumstances beyond the claimant's control and adequate proof will be required of the facts of the loss and whether a high degree of diligence has been exercised for the safeguarding of those funds; reimbursement will be in a very limited amount, depending upon the circumstances in each case. SECTION 8. Where any payment on account of a loss for which reimbursement has been made under this order is made to the claimant by any foreign government, the amount of such payment by the foreign government not in excess of the amount paid under this order shall be returned to the Department by the claimant for deposit in the Treasury. Claimants who have been reimbursed under the provisions of this order will be expected to render the Department every assistance in developing and establishing any claim against a foreign government arising out of the losses for which reimbursement has been made. SECTION 9. A majority of the Board will determine its decisions. SECTION 10. A report on each claim, setting forth the facts, the conclusions of the Board, and the reasons therefor and such recommendation as the Board may make, will be submitted to the Secretary of State and if approved by him, shall be forwarded to the Bureau of the Budget for consideration and in the event of its approval, shall be transmitted to the President for submission to Congress. CORDELL HULL. DEPARTMENT OF STATE, August 20, 1942. APPENDIX B A BILL For the relief of certain officers and employees of the Foreign Service of the United States who, while in the course of their respective duties, suffered losses of personal property by reason of war con ditions Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is authorized to be appropriated and there is hereby appropriated out of any money in the Treasury not otherwise appropriated the following sums of money, which sums represent the value of reasonable and necessary personal property lost by the claimant as a result of war conditions: Mary Ann Braswell.. John A. Bywater.. Frank C. Lee. George R. Canty- Kenneth C. Krentz.- Eleanor M. Shields.. C. Porter Kuykendall.. FOREIGN SERVICE OF THE UNITED STATES FEBRUARY 1, 1945.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. BLOOM, from the Committee on Foreign Affairs, submitted the following REPORT [To accompany H. R. 689] The Committee on Foreign Affairs, to whom was referred the bil (H. R. 689) to enable the Department of State, pursuant to its responsibilities under the Constitution and statutes of the United States, more effectively to carry out its prescribed and traditional responsibilities in the foreign field; to strengthen the Foreign Service permitting fullest utilization of available personnel and facilities of other departments and agencies and coordination of activities abroad of the United States under a Foreign Service for the United States unified under the guidance of the Department of State, having considered the same, report favorably and unanimously thereon with an amendment and recommend that the bill do pass. H. R. 689 amends the act entitled "An act for the grading and classification of clerks in the Foreign Service of the United States of America, and providing compensation therefor," as amended, the act of February 23, 1931, repeals Revised Statutes 1699, 1700, and 1701 and provides that section 7 of the act of February 5, 1915 (38 Stat. 807), restricting the transaction of business by diplomatic officers, shall apply, with the exception of consular agents, to all officers and employees of the Foreign Service. In accordance with clause 2a, rule 13, changes in these acts made by the bill are shown as follows (the language proposed to be omitted is enclosed in black brackets and the amendatory language in italics, existing law in which no change is proposed is shown in roman): SECTION 1, OF THE Act Entitled "AN ACT FOR THE GRADING AND CLASSIFICATION OF CLERKS IN THE FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, AND PROVIDING COMPENSATION THEREFOR" [That the clerks in the Foreign Service of the United States of America shall be graded and classified as follows, and shall receive, within the limitation of such appropriations as the Congress may make the basic compensations specified, |