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§ 4.5 Factors to be considered in determining claims.

(a) Claims are payable only for such types, quantities, or amounts of tangible personal property (including money) as the approving authority shall determine to be reasonable, useful, or proper under the circumstances existing at the time and place of the loss. In determining what is reasonable, useful, or proper, the approving authority will consider the type and quantity of property involved, circumstances attending acquisition and use of the property, and whether possession or use by the claimant at the time of loss or damage was incident to his service. What is reasonable is a question of fact determined in the light of the officer's or employee's rating, together with his duty, job, and station assignment.

(b) The Government does not underwrite all personal property losses that a claimant may sustain and it does not underwrite individual tastes. While the Government does not attempt to limit possession of property by an individual, payment for loss or damage is made only to the extent that the possession of the property is determined to be reasonable, useful, or proper. If individuals possess excessive quantities of items and/or expensive items, they should have such property privately insured.

(c) Cost or value: The amount awarded on any item of property will not exceed the cost of the item (either the price paid in cash or property, or the value at the time of acquisition if not acquired by purchase or exchange). The amount payable will be determined by applying the principles of depreciation to the adjusted dollar value or other base price of property lost or damaged beyond economical repair; by allowing the cost of repairs when an item is economically repairable, provided the cost of repairs does not exceed the depreciated value of the item; and by deducting salvage value, if appropriate.

(d) Depreciation: Depreciation in value of an item is determined by considering the type of article involved, its cost, condition when lost or damaged beyond economical repair, the time elapsed between the time of acquisition and the date of accrual of the claim.

(e) Appreciation: There will be no allowance for appreciation in the value of the property except that the cost of the item will be adjusted to reflect

changes in the purchasing power of the dollar before depreciation is computed. Appreciation will not be allowed solely because the loss occurs or the claimant now resides in an area remote from the place of purchase of the original article. (f) Expensive articles: Allowance for expensive items (including heirlooms and antiques) or for items purchased at unreasonably high prices will be based on the fair and reasonable purchase price for substitute articles of a similar nature.

(g) Acquisition: Allowance for articles acquired by barter will not exceed the cost of the articles tendered in barter. No reimbursement will be made for articles acquired in black market or other prohibited activities.

§ 4.6 Evidence to be submitted by claim

ant.

The following types of claims require evidence in addition to the statement of facts and circumstances attending the loss:

(a) Claims for property loss in quarters or other authorized places should be accompanied by a statement indicating: (1) Geographical location; (2) whether quarters were assigned or provided in kind by the Government; (3) whether regularly occupied by the claimant; (4) name of authority, if any, who designated the place of storage of the property if other than quarters; (5) measures taken to protect the property; and (6) that the claimant is not a local inhabitant.

(b) Claims for property loss by theft should be accompanied by a statement indicating: (1) Geographical location; (2) facts and circumstances surrounding the loss, including evidence of larceny, burglary, or housebreaking such as breaking and entering, capture of the thief, recovery of part of the stolen goods, etc.; and (3) evidence that the claimant exercised due care in protecting his property prior to the loss including information as to the degree of care normally exercised in the locale of the loss due to any unusual risks involved.

(c) Claims for transportation losses should be accompanied by the following: (1) Copies of orders authorizing the travel, transportation, or shipment or certificate explaining the absence of orders, and stating their substance; (2) statement in cases where property was turned over to a shipping officer, supply officer, or contract packer indicating:

(1) Name (or designation) and address of shipping officer, supply officer, or contract packer.

(ii) Date property was turned over. (iii) Inventoried condition when property was turned over.

(iv) When and where property was packed and by whom.

(v) Date of shipment.

(vi) Copies of all bills of lading, inventories, and other applicable shipping documents.

(vii) Date and place of delivery to claimant.

(viii) Date property was unpacked by carrier, claimant, or Government.

(ix) Statements of disinterested witnesses as to condition of property when received and delivered, or as to handling or storage.

(x) Whether the negligence of any Government employee acting within the scope of his employment caused the damage or loss.

(xi) Whether the last common carrier or local carrier was given a clear receipt, except for concealed damages.

(xii) Total gross, tare, and net weight of shipment.

(xiii) Insurance certificate or policy if losses are privately insured.

(xiv) Copy of the demand on carrier or insured, or both, when required, and the reply, if any.

(xv) Action taken by the claimant to locate missing baggage or household effects, including related correspondence.

(d) Claims for property losses due to marine or aircraft disaster should be accompanied by a copy of orders or other evidence to establish claimant's right to be, or to have his property, on board.

(e) Claims for property losses due to enemy action, public disaster, public service, or abandonment, should be accompanied by: (1) Copies of orders or other evidence establishing claimant's required presence in the area involved; and (2) a detailed statement of facts and circumstances showing an applicable case enumerated in paragraphs (f) and (g) of § 4.3.

(f) Claims for property losses when the property was used for benefit of the Government should be accompanied by (1) a statement from proper authority that the property claimed was required to be supplied by claimant in the performance of his official duty or occupation at the request or direction of superior authority or by reason of necessity;

and (2) evidence that, if the property being used for the benefit of the Government was lost while not in use, that the loss occurred in an authorized storage

area.

(g) Claims for loss of money deposited for safekeeping, transmittal, or other authorized disposition, should be accompanied by: (1) Name, grade, service number (if any), and address of the person or persons who received the money and any others involved; (2) name and designation of the authority who authorized such person or persons to accept personal funds, and the disposition requested; and (3) receipts and written sworn statements explaining the failure to account for funds or return them to the claimant.

(h) Claims for damage to motor vehicles in transit should be accompanied by a copy of orders or other available evidence to establish claimant's lawful right to have the property shipped, and evidence to establish damage in transit.

§ 4.7 Claims involving carrier and in

surer.

(a) Claimant must comply with the following before presenting claims involving a carrier or insurer:

(1) Whenever property is damaged, lost, or destroyed while being shipped pursuant to authorized travel orders, the owner must file a written claim for reimbursement with the carrier according to the terms of its bill of lading or contract before submitting a concurrent claim against the Government. The claimant may present his claim to the Government immediately after he has made his demand on the carrier;

(2) Whenever property which is damaged, lost, or destroyed incident to the claimant's service, is insured in whole or in part, the claimant must make demand in writing against the insurer for reimbursement under the terms and conditions of the insurance coverage. Such demand should be made within the time limit provided in the policy and prior to the filing of a concurrent claim against the Government. The claimant may present his claims to the Government immediately after he has made his demand on the insurer.

(b) If the claimant fails to make required demand on the carrier or insurer or make reasonable efforts to collect the amount recoverable, the amount payable under the provisions of these regulations shall be reduced by the maximum

amount recoverable. However, no deduction will be made if (1) the circumstances of the claimant's service were such as to preclude timely filing of the claim with the carrier or insurer; and (2) it is determined that a demand would have been impracticable or unavailing in any event.

(c) To expedite the settlement of claims for loss or damage of household effects, a claim may be presented to the 'Government concurrent with the demand on a carrier and/or insurer.

(d) When any claim is paid by the Department, the claimant will assign to the United States, to the extent of any payment on his claim accepted by him all his rights, title, and interest in any claim he may have against any carrier, insurer or other party arising out of the incident on which the claim against the United States is based. On request, he also will furnish such evidence as may be required to enable the United States to enforce the claim.

(e) After payment of his claim by the United States, if the claimant receives any payment from a carrier, contractor, insurer, or other third party, he will pay the proceeds to the United States to the extent of the payment received by him from the United States.

§ 4.8 Filing of claims.

A claimant should submit his claim in writing on form No. 3079, together with the supporting information required by the form, to his immediate supervisor who shall be responsible for forwarding it to the claims officer or other person designated to handle claims. After the completion of action on the claim by the appropriate official of the bureau, office, service, or division out of whose activities the claim arose, the employee will be notified of the action taken on his claim.

§ 4.9 Application to claims not previously adjusted.

The provisions of these regulations in this part shall apply to all claims arising after August 31, 1964, otherwise within its scope, not heretofore adjusted. § 4.10 Statute of limitations.

(a) Claims must be presented in writing within 2 years after the claim accrues except that if the claim accrues in time of war or in time of armed conflict in which the Armed Forces of the United States are engaged, or if such a war or armed conflict intervenes within

2 years after it accrues, and if a good cause is shown, the claim may be presented not later than 2 years after that cause ceases to exist, or 2 years after the war or armed conflict is terminated, whichever is earlier. For the purpose of these sections, the dates of beginning and ending of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.

(b) Claims will be determined to have accrued at such time as the loss or damage is or should have been discovered or ascertained through exercise of due diligence by the claimant, even though such loss or damage may have happened at a prior time.

§ 4.11 Attorney's fees.

No more than 10 per centum of the amount paid in settlement of each individual claim submitted and settled under these regulations shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with that claim. § 4.12 Bureau implementation.

The head of each bureau, office, service or division of the Treasury Department may issue such further instructions as he shall deem necessary to implement these regulations in this part in the District of Columbia and in the field, including the designation of the persons to receive and process claims filed by employees.

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lection action, and referral to the General Accounting Office and to the Department of Justice for litigation, of civil claims by the Government for money or property, 4 CFR Chapter II.

§ 5.2 Incorporation by reference; scope.

The regulations of this part incorporate by this reference all provisions of the Joint Regulations of the General Accounting Office and the Department of Justice, and supplement those regulations by the prescription of procedures and directives necessary and appropriate for Treasury operations. The Joint Regulations and this part do not apply to tax claims nor to any claim as to which there is an indication of fraud or misrepresentation, as described in § 101.3 of the Joint Regulations, unless returned by the Justice Department to the Treasury Department for handling.

§ 5.3 Designation.

The heads of bureaus and offices and their delegates are designated as designees of the Secretary of the Treasury authorized to perform all the duties for which the Secretary is responsible under the foregoing Act and Joint Regulations: Provided, however, That no compromise of a claim shall be effected or collection action terminated, except upon the recommendation of the General Counsel, the Chief Counsel of the bureau or office concerned, or the designee of either. Notwithstanding the foregoing proviso, no such recommendation shall be required with respect to the termination of collection activity on any claim in which the unpaid amount of the debt is $50 or less.

(Sec. 3, 80 Stat. 309; 31 U.S.C. 951-953, 4 CFR Chap. II) [34 F.R. 5159, Mar. 13, 1969] § 5.4 Application to other statutes.

(a) The authority of the Secretary of the Treasury or the head of a bureau or office within the Treasury Department to compromise claims of the United States shall be exercised with respect to claims not exceeding $20,000, exclusive of interest, in conformity with the Federal Claims Collection Act, the Joint Regulations thereunder, and this part, except where standards are established by other statutes or authorized regulations issued pursuant thereto.

(b) The authority of the Secretary of the Treasury or the head of a bureau or office within the Treasury Department to remit or mitigate a fine, penalty or forfeiture shall be exercised in accordance

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Provisions defining the right, title, and interest of the Government in and to an invention made by a Government employee under various circumstances and the duties of Government agencies with respect thereto are set forth in Executive Order No. 10096, 15 F.R. 389, as amended (35 U.S.C. 266 note). Further definition of the circumstances under which the Government will acquire the right to a patent in such an invention or a nonexclusive, irrevocable, royalty-free license in the invention, and the procedures for the determination of these interests, are set forth in the regulations issued under that Executive order by the Patent Office, 37 CFR Part 100. The purpose of this Part 7 is to implement for the Treasury Department the foregoing Executive order and regulations of the Patent Office by (a) bringing to the attention of Treasury employees the law and procedure governing their rights to, and interest in, inventions made by them, (b) defining responsibility within the Department for making the necessary determinations, and, (c) establishing internal procedures for action in conformity with the Executive order and the Patent Office regulations.

§ 7.2 Responsibilities of the Department. The responsibilities of the Treasury Department are to determine initially

(a) the occurrence of an invention by an employee, (b) his rights in the invention and the rights of the Government therein, and (c) whether patent protection will be sought in the United States by the Department, and to furnish the required reports to the Patent Office. § 7.3 Responsibilities of heads of offices.

(a) Heads of bureaus or offices in the Department shall be responsible for determining initially whether the results of research, development, or other activity of an employee within that bureau or office constitute an invention which falls within the purview of Executive Order 10096, as amended, and is to be handled in accordance with the regulations in this part.

(b) Heads of bureaus or offices are responsible for obtaining from the employee the necessary information and, if the determination under paragraph (a) of this section is affirmative, preparing on behalf of the bureau or office a description of the invention and its relationship to the employee's duties and work assignments.

(c) Heads of bureaus or offices, after such examination and investigation as may be necessary, shall refer to the General Counsel all information obtained concerning the invention and such determination as the head of the bureau or office has made with respect to the character of the activity as an invention. These reports shall include any determination as to the giving of a cash award to the employee for his performance relating to that invention.

§ 7.4 Responsibilities of the General

Counsel.

(a) The General Counsel shall be responsible for determining, subject to review by the Commissioner of Patents, the respective rights of the Government and of the inventor in and to any invention made by an employee of the Department.

(b) On the basis of the foregoing determination, the General Counsel shall determine whether patent protection will be sought by the Department for such an invention.

(c) The General Counsel will prepare and furnish to the Patent Office the reports required by the regulations of that Office and will serve as the liaison officer between the Department and the Commissioner of Patents.

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All employees are required to report to the heads of their bureaus or offices any result of research, development, or other activity on their part which may constitute an invention and the circumstances under which this possible invention came into being.

§ 7.6 Effect of awards.

The acceptance by an employee of a cash award for performance which constitutes an invention shall, in accordance with 5 U.S.C. 4502 (c), constitute an agreement that the use by the Government of the idea, method, or device for which the award is made does not form the basis of any further claim against the Government by the employee, his heirs or assigns.

§ 7.7 Appeals.

(a) Any employee who is aggrieved by a determination made by the head of his bureau or office under this part may obtain a review of the determination by filing an appeal with the General Counsel within 30 days after receiving the notice of the determination complained of.

(b) Any employee who is aggrieved by a determination made by the General Counsel under this part may obtain a review of the determination by filing a written appeal with the Commissioner of Patents within 30 days after receiving notice of the determination complained of, or within such longer period as the Commissioner may provide. The appeal to the Commissioner shall be processed in accordance with the provisions in the regulations of the Patent Office for an appeal from an agency determination.

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