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inimical to the public interest. Cases of doubt should be referred for decision to the supervisory official designated in $ 1.7.

3.5

PART 3—CLAIMS REGULATIONS Subpart A-Claims Under the Federal Tort Claims

Act Sec. 3.1 Scope of regulations. 3.2 Filing of claims. 3.3 Legal review. 3.4 Approval of claims not in excess of

$25,000. Limitations on authority to approve

claims. 3.6 Final denial of a claim. 3.7 Action on approved claims. 3.8 Statute of limitations.

Subpart B-Claims Under the Small Claims Act 3.20 General. 3.21 Action by claimant. 3.22 Legal review. 3.23 Approval of claims. 3.24 Statute of limitations.

AUTHORITY: The provisions of this part 3 issued under 28 U.S.C. 2672; 28 CFR Part 14.

SOURCE: The provisions of this Part 3 appear at 35 F.R. 6429, Apr. 22, 1970, unless otherwise noted. Subpart A-Claims Under the Federal

Tort Claims Act § 3.1 Scope of regulations.

(a) The regulations in this part shall apply to claims asserted under the Federal Tort Claims Act, as amended, 28 U.S.C. 2672, 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 employee of the Department 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 for such damage, loss, injury, or death, in accordance with the law of the place where the act or omission occurred. The regulations in this subpart do not apply to any tort claims excluded from the Federal Tort Claims Act, as amended, under 28 U.S.C. 2680.

(b) Unless specifically modified by the regulations in this part, procedures and requirements for filing and handling claims under the Federal Tort Claims Act shall be in accordance with the regulations issued by the Department of Justice, at 28 CFR Part 14, as amended.

$ 3.2 Filing of claims.

(a) When presented. A claim shall be deemed to have been presented upon the receipt from a claimant, his duly authorized agent or legal representative of an executed 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, or personal injury, or death alleged to have occurred by reason of the incident.

(b) Place of filing claim. Claims shall be submitted directly or through the local field headquarters to the head of the bureau or office of the Department out of whose activities the incident occurred, if known; or if not known, to the General Counsel, Treasury Department, Washington, D.C. 20220.

(c) Contents of claim. The evidence and information to be submitted with the claim shall conform to the requirements of 28 CFR 14.4. § 3.3 Legal review.

All claims shall be forwarded to the legal division of the bureau or office out of whose activities the claim arose. The claim, together with the reports of the employee and the investigation, shall be reviewed in the legal division which shall thereupon make a recommendation that the claim be approved, disapproved, or compromised, and shall advise on the need for referral of the claim to the Department of Justice. This recommendation and advice, together with the file, shall be forwarded to the head of the bureau or office or his designee. § 3.4. Approval of claims not in excess

of $25,000. (a) Claims not exceeding $25,000 and not otherwise requiring consultation with the Department of Justice pursuant to 28 CFR 14.6(b) shall be approved, disapproved, or compromised by the head of the bureau or office or his designee, taking into consideration the recommendation of the legal division. $ 3.5 Limitations on authority to ap

prove claims. (a) All proposed awards, compromises or settlements in excess of $25,000 require the prior written approval of the Attorney General.

(b) All claims which fall within the provisions of 28 CFR 14.6(b) require referral to and consultation with the Department of Justice.

(c) Any claim which falls within paragraph (a) or (b) of this section shall be reviewed by the General Counsel. If the claim, award, compromise, or settlement receives the approval of the General Counsel and the head of the bureau or office or his designee, a letter shall be prepared for the signature of the General Counsel transmitting to the Assistant Attorney General, Civil Division, Department of Justice, the case for approval or consultation as required by 28 CFR 14.6. Such letter shall conform with the requirements set forth in 28 CFR 14.7. $ 3.6 Final denial of a claim.

The final denial of an administrative claim shall conform with the requirements of 28 CFR 14.9 and shall be signed by the head of the bureau or office, or his designee. § 3.7 Action on approved claims.

(a) Any award, compromise, or settlement in an amount of $2,500 or less shall be processed for payment from the appropriations of the bureau or office out of whose activity the claim arose.

(b) Payment of an award, compromise, or settlement in excess of $2,500 and not more than $100,000 shall be obtained by the bureau or ofice by forwarding Standard Form 1145 to the Claims Division, General Accounting Office.

(c) Payment of an award, compromise, or settlement in excess of $100,000 shall be obtained by the bureau by forwarding Standard Form 1145 to the Bureau of Accounts, Department of the Treasury, which will be responsible for transmitting the award, compromise, or settlement to the Bureau of the Budget for inclusion in a deficiency appropriation bill.

(d) When an award is in excess of $25,000, Standard Form 1145 must be accompanied by evidence that the award, compromise, or settlement has been approved by the Attorney General or his designee.

(e) When the use of Standard Form 1145 is required, it shall be executed by the claimant. When a claimant is represented by an attorney, the voucher for payment shall designate both the claimant and his attorney as payees; the check shall be delivered to the attorney, whose address shall appear on the voucher.

(f) Acceptance by the claimant, his agent, or legal representative, of any award, compromise or settlement made pursuant to the provisions of section

2672 or 2677 of title 28, United States Code, shall be final and conclusive on the claimant, his agent or legal representative and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of any claim against the United States and against any employee of the Government whose act or omission gave rise to the claim, by reason of the within 2 years after the claim accrued. same subject matter. § 3.8 Statute of limitations.

Claims under this subpart must be presented in writing to the Department within 2 years after the claim accrued. Subpart B-Claims Under the Small

Claims Act § 3.20 General.

The Act of December 28, 1922, 42 Stat. 1066, the Small Claims Act, authorized the head of each department and establishment to consider, ascertain, adjust, and determine claims of $1,000 or less for damage to, or loss of, privately owned property caused by the negligence of any officer or employee of the Government acting within the scope of his employment. The Federal Tort Claims Act superseded the Small Claims Act with respect to claims that are allowable under the former act. Therefore, claims that are not allowable under the Federal Tort Claims Act, for example, claims arising abroad, may be allowable under the Small Claims Act. § 3.21 Action by claimant.

Procedures and requirements for filing claims under this section shall be the same as required for filing claims under the Federal Tort Claims Act as set forth in Subpart A of this part. 8 3.22 Legal review.

Claims filed under this subpart shall be forwarded to the legal division of the bureau or office out of whose activities the claim arose. The claim, together with the reports of the employee and the investigation, shall be reviewed in the legal division which shall thereupon make a recommendation that the claim be approved, disapproved or compromised. § 3.23 Approval of claims.

Claims shall be approved, disapproved, or compromised by the head of the bureau or office or his designee, taking into consideration the recommendation of the legal division.

8 3.24 Statute of limitations.

No claim will be considered under this subpart unless filed within 1 year from the date of the accrual of said claim.

4.3

PART 4-EMPLOYEES' PERSONAL

PROPERTY CLAIMS Sec. 4.1 General. 4.2 Proper claimants.

Allowable claims. 4.4 Claims not payable. 4.5 Factors to be considered in determining

claims. 4.8 Evidence to be submitted by claimant. 4.7 Claims involving carrier and insurer. 4.8 Filing of claims. 4.9 Application to claims not previously

adjusted. 4.10 Statute of limitations. 4.11 Attorney's fees. 4.12 Bureau implementation.

AUTHORITY: The provisions of this Part 4 Issued under section 3(b), 78 Stat. 767, as amended; 31 U.S.C. 241(b).

SOURCE: The provisions of this part 4 appear at 34 F.R. 12677, Aug. 1, 1969, unless otherwise noted. § 4.1 General.

The Military Personnel and Civilian Employees' Claims Act of 1964, 31 U.S.C. 240–243, authorizes the Secretary of the Treasury to settle and pay (including replacement in kind) claims of officers or employees of the Department, amounting to not more than $6,500, for damage to, or loss of, personal property incident to their service, where possession of such property is determined to be reasonable, useful, or proper under the circumstances. § 4.2 Proper claimants.

(a) The following are proper claimants:

(1) Officers and employees of the Treasury Department.

(2) Former employees of the Treasury Department whose claims arose out of incidents occurring before their separation.

(3) The authorized agent or legal representative of persons in subparagraph (1) and (2) of this paragraph.

(4) Survivors of persons in subparagraph (1) and (2) of this paragraph, in the following order of precedence:

(1) Spouse.
(ii) Children.
(ii) Father or mother, or both.
(iv) Brothers or sisters, or both.

(b) A claim may not be presented by or for the benefit of a subrogee, assignee, conditional vendor, or other third party. § 4.3 Allowable claims.

The following claims are payable when the damage to or loss of the claimant's property occurs incident to his service under any of the following circumstances:

(a) Losses in Government quarters. Where personal property is damaged or lost by fire, flood, hurricane, or other serious occurrence while located at: (1) Quarters, wherever situated, which were assigned to claimant or otherwise provided in kind by the Government, including permanent or temporary housing units which are owned and maintained by the Government; (2) quarters outside the 50 States and the District of Columbia occupied by claimant which were not assigned to him or otherwise provided in kind by the Government, unless the claimant is a civilian employee who is a local inhabitant; and (3) any warehouse, office, hospital, baggage dump, or other place (except quarters) designated by superior authority for the reception of the property.

(b) Transportation losses. Where personal property, including baggage checked or in personal custody, and including household effects, is damaged or lost incident to transportation by a carrier, an agent or agency of the Government, or private conveyance.

(c) House trailers. Claims for loss of or damage to house trailers and their contents while in storage on Government property pursuant to shipment under orders are payable under paragraph (a) (3) of this section. Claims for loss of or damage to house trailers and their contents arising incident to shipment are payable under paragraph (b) of this section: ProvidedThat, when transported by other than the employee or an agent or agency of the Government, the carrier must have operating rights approved by the Interstate Commerce Commission in interstate commerce or under applicable State regulations when shipment is within a single State. Claims for structural damage to house trailers, other than that caused by collision, and damage to contents of house trailers resulting from such structural damage, must contain conclusive evidence that the damage was not caused by structural deficiency of the trailer and that the trailer was not overloaded. Claims for

loss of or damage to tires mounted on on commercial vessels, and includes trailers will not be entertained except in storage, unloading and off-loading incases of collision, theft, or vandalism. cident thereto.

(d) Marine disaster. Where personal (k) Clothing. Where clothing and acproperty is damaged, lost, destroyed, or cessories worn on the person are damabandoned in consequence of shipwreck, aged or lost: fire or other accident on board, collision, (1) During the performance of official sinking, capsizing, stranding of a vessel, duties in an unusual or extraordinary or perils of the sea.

risk situation; (e) Aircraft disaster. Where personal (2) In cases involving emergency acproperty is damaged, lost, destroyed, or tion required by natural disaster, such abandoned, in consequence of hazards as as fire, fiood, hurricane; or enemy or a result of an aircraft disaster or other belligerent action; accident.

(3) In cases involving faulty equip(f) Enemy action. Where property is ment or defective furniture maintained lost, abandoned, damaged, or destroyed by the Government and used by the by: (1) Enemy action or threat of such claimant as required by his job situaaction; (2) combat, or movement in the tion; or field which is part of a combat mission; (4) When using a motor vehicle inci(3) guerrilla, organized brigandage or dential to service. Accessories would inother belligerent activities whether or clude eyeglasses, hearing aids, and not the United States is involved; or (4) dentures. unjust confiscation by a foreign power or

(1) Borrowed property. Where borits nationals.

rowed property has been damaged or lost. (g) Property subjected to extraordi

§ 4.4 Claims not payable. nary risks. When property is damaged or lost as a direct result of extraordinary

Claims otherwise within the scope of risks to which it has been subjected by

these regulations are nevertheless not the performance of official noncombat

payable when the damage or loss of duties by the claimant, including but personal property incident to service innot limited to: (1) Performance of volves any of the following: duties in connection with civil disturb

(a) Money and currency. Claims are ances, public disorder, law enforcement

not payable for money or currency activities, or public disaster; (2) efforts

except: to save Government property or human

(1) When deposited with authorized life where the situation was such that the

personnel as contemplated by $ 4.3(1). claimant could have saved his own prop

(2) When lost incident to a marine or erty had he not so acted; and (3)

aircraft disaster. abandonment or destruction of property

(3) When lost by fire, flood, hurricane, by reason of military emergency or by

or theft from quarters. In instances of order of superior authority.

theft from quarters, it must be conclu(h) Property used for benefit of the

sively shown that the money or currency Government. Where property is damaged

was in a locked container and that the or lost while being used, or held for use,

quarters themselves were locked. for the benefit of the Government at the

(4) When stolen from the temporary direction or request of superior authority

quarters or possession of an employee or by reason of military necessity.

who by reason of his assignment is re(i) Money deposited for safekeeping.

quired to carry money or currency. In Where personal funds which were ac

instances of theft from temporary quarcepted by responsible Government per

ters, it must be conclusively shown that sonnel with apparent authority to re

the money or currency was in a locked ceive them for safekeeping, deposit,

container and that the quarters themtransmittal, or other authorized dis

selves were locked. position, were neither applied as directed Reimbursement for loss of money or by the owner nor returned to him.

currency will be limited to an amount (j) Motor vehicles. Where automobiles determined to have been reasonable for and other motor facilities were damaged the claimant to have had in his possesor lost in overseas shipments provided by sion at the time of the incident. the Government. “Shipments provided (b) Small items of substantial value. by the Government” means via Govern- Claims are not payable for small articles ment vessels, charter of commercial of substantial value and money when vessels or by Government bills of lading shipped with household goods or as un

accompanied baggage; or for articles easily pilfered which usually are worn or carried, including watches and expensive jewelry such as rings, pins, brooches, necklaces, and bracelets. These limitations do not apply to the articles described when the loss is cognizable under subparagraphs (1) and (2) of § 4.3(a).

(c) Articles acquired for other persons. Claims are not payable for articles intended directly or indirectly for persons other than the claimant or members of his immediate household. This prohibition includes articles acquired at the request of others, and articles for sale.

(d) Articles of extraordinary value. Claims are not payable for expensive articles of gold, silver, other precious metals, paintings, antiques other than bulky furnishings, relics, and other articles of extraordinary value when shipped with household effects by ordinary means, or as unaccompanied baggage at normal released valuation, Claims for such articles are payable when their loss is incident to shipment by expedited mode in accordance with current Joint Travel Regulations. This prohibition does not apply to baggage checked or in the personal custody of the claimant or his agent provided reasonable protection or security measures have been taken.

(e) Intangible property. Claims are not payable for intangible property such as bank books, checks, promissory notes, stock certificates, bonds, bills of lading, warehouse receipts, baggage checks, insurance policies, money orders, and traveler's checks.

(f) Government property. Claims are not payable for property owned by the United States, except where the claimant is responsible for the property to an agency of the Government other than the Treasury Department.

(g) Motor vehicles. Claims for motor vehicles, except as provided under $ 4.3 (j), will ordinarily not be paid. However, meritorious claims for losses of motor vehicles may be recommended for consideration and approval for payment in exceptional cases.

(h) Enemy property. Claims are not payable for enemy property, including war trophies.

(1) Losses at quarters, Claims are not payable for losses (including theft) at quarters not assigned or otherwise provided in kind occupied by the claimant within the United States.

(j) Losses recoverable from insurer. Claims are not payable for losses or any portion thereof which have been recovered or are recoverable from an insurer, except as permitted under $ 4.7.

(k) Losses recoverable from carrier. Claims are not payable for losses or any portion thereof which have been recovered or are recoverable from a carrier, except as permitted under § 4.7.

(1) Losses recoverable from contractor. Claims are not payable for losses, or any portion thereof, which have been recovered or are recoverable under contract, except as permitted under $ 4.7.

(m) Negligence of claimant. Claims are not payable for loss of personal property caused in whole or in part by any negligence or wrongful act on the part of the claimant, or of his agent employee.

(n) Property used for business. Claims are not payable for property normally used for business or profit.

(0) Fees for estimates. Claims are not normally payable for fees paid to obtain estimates of repair in conjunction with submitting a claim under this paragraph. However, where, in the opinion of the approving officer, the claimant could not obtain an estimate without paying & fee, such a claim may be considered in an amount reasonable in relation to the value and/or the cost of repairs of the articles involved, provided that the evidence furnished clearly indicates that the amount of the fee paid will not be deducted from the cost of repairs if the work is accomplished by the estimator.

(p) Violation of directives. Claims are not payable for property acquired, possessed, or transported, in violation of law or regulations of competent authority. This does not apply to limitations imposed on weight of shipments of household effects.

(q) Items fraudulently cla i med. Claims are not payable for items fraudulently claimed. When investigation discloses that a claimant, his agent, or employee has intentionally misrepresented an item claimed, as to cost, condition, cost to repair, etc., the item will be disallowed in its entirety even though some actual damage has been sustained. However, if the remainder of the claim is proper it will be paid. This does not preclude appropriate disciplinary action 1 warranted.

(r) Minimum claims. Claims are not payable for damage to or loss of property in an amount less than $10.

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