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§ 4.5 Factors to be considered in deter- changes in the purchasing power of the mining claims.
dollar before depreciation is computed. (a) Claims are payable only for such
Appreciation will not be allowed solely
because the loss occurs or the claimant types, quantities, or amounts of tangible
now resides in an area remote from the personal property (including money) as the approving authority shall determine
place of purchase of the original article. to be reasonable, useful, or proper under
(f) Expensive articles: Allowance for the circumstances existing at the time expensive items (including heirlooms and and place of the loss. In determining
antiques) or for items purchased at unwhat is reasonable, useful, or proper, the
reasonably high prices will be based on approving authority will consider the the fair and reasonable purchase price type and quantity of property involved,
for substitute articles of a similar nature. circumstances attending acquisition and (g) Acquisition: Allowance for articles use of the property, and whether posses- acquired by barter will not exceed the sion or use by the claimant at the time cost of the articles tendered in barter. of loss or damage was incident to his No reimbursement will be made for arservice. What is reasonable is a question ticles acquired in black market or other of fact determined in the light of the prohibited activities. oficer's or employee's rating, together with his duty,
§ 4.6 Evidence to be submitted by claimjob, and station
(b) The Government does not under- The following types of claims require write all personal property losses that a evidence in addition to the statement of claimant may sustain and it does not facts and circumstances attending the underwrite individual tastes. While the loss: Government does not attempt to limit (a) Claims for property loss in quarpossession of property by an individual, ters or other authorized places should be payment for loss or damage is made only accompanied by a statement indicating: to the extent that the possession of the (1) Geographical location; (2) whether property is determined to be reasonable, quarters were assigned or provided in useful, or proper. If individuals possess kind by the Government; (3) whether excessive quantities of items and/or ex- regularly occupied by the claimant; (4) pensive items, they should have such name of authority, if any, who desigproperty privately insured.
nated the place of storage of the property (c) Cost or value: The amount if other than quarters; (5) measures awarded on any item of property will not taken to protect the property; and exceed the cost of the item (either the (6) that the claimant is not a local price paid in cash or property, or the inhabitant. value at the time of acquisition if not (b) Claims for property loss by theft acquired by purchase or exchange). The should be accompanied by a statement amount payable will be determined by indicating: (1) Geographical location; applying the principles of depreciation to (2) facts and circumstances surrounding the adjusted dollar value or other base the loss, including evidence of larceny, price of property lost or damaged beyond burglary, or housebreaking such as economical repair; by allowing the cost
breaking and entering, capture of the of repairs when an item is economically
thief, recovery of part of the stolen goods, repairable, provided the cost of repairs
etc.; and (3) evidence that the claimant does not exceed the depreciated value of exercised due care in protecting his propthe item; and by deducting salvage value,
erty prior to the loss including informaif appropriate.
tion as to the degree of care normally (d) Depreciation: Depreciation in
exercised in the locale of the loss due to value of an item is determined by con
any unusual risks involved. sidering the type of article involved, its
(c) Claims for transportation losses cost, condition when lost or damaged
should be accompanied by the following: beyond economical repair, the time
(1) Copies of orders authorizing the elapsed between the time of acquisition
travel, transportation, or shipment or and the date of accrual of the claim. certificate explaining the absence of or
(e) Appreciation: There will be no al- ders, and stating their substance; (2) lowance for appreciation in the value statement in cases where property was of the property except that the cost of turned over to a shipping oficer, supply the item will be adjusted to reflect 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.
(viil) 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.
(xil) 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 deduc- 2 years after it accrues, and if a good tion will be made if (1) the circum- cause is shown, the claim may be prestances of the claimant's service were sented not later than 2 years after that such as to preclude timely filing of the cause ceases to exist, or 2 years after the claim with the carrier or insurer; and war or armed conflict is terminated, (2) it is determined that a demand would whichever is earlier. For the purpose of have been impracticable or unavailing these sections, the dates of beginning in any event.
and ending of an armed conflict are the (c) To expedite the settlement of dates established by concurrent resoluclaims for loss or damage of household tion of Congress or by a determination effects, a claim may be presented to the of the President. Government concurrent with the de (b) Claims will be determined to have mand on a carrier and/or insurer.
accrued at such time as the loss or (d) When any claim is paid by the damage is or should have been discovDepartment, the claimant will assign to ered or ascertained through exercise of the United States, to the extent of any due diligence by the claimant, even payment on his claim accepted by him though such loss or damage may have all his rights, title, and interest in any happened at a prior time. claim he may have against any carrier,
§ 4.11 Attorney's fees. insurer or other party arising out of the incident on which the claim against the No more than 10 per centum of the United States is based. On request, he amount paid in settlement of each inalso will furnish such evidence as may dividual claim submitted and settled be required to enable the United States under these regulations shall be paid or to enforce the claim.
delivered to or received by any agent or (e) After payment of his claim by the attorney on account of services renUnited States, if the claimant receives dered in connection with that claim. any payment from a carrier, contractor,
8 4.12 Bureau implementation. insurer, or other third party, he will pay the proceeds to the United States to the
The head of each bureau, office, seryextent of the payment received by him
ice or division of the Treasury Departfrom the United States.
ment may issue such further instructions
as he shall deem necessary to implement § 4.8 Filing of claims.
these regulations in this part in the DisA claimant should submit his claim in trict of Columbia and in the field, inwriting on form No. 3079, together with cluding the designation of the persons the supporting information required by to receive and process claims filed by the form, to his immediate supervisor employees. who shall be responsible for forwarding it to the claims officer or other person PART 5-CLAIMS COLLECTION designated to handle claims. After the
Sec. completion of action on the claim by the appropriate official of the bureau,
5.2 Incorporation by reference; scope. office, service, or division out of whose
5.3 Designation. activities the claim arose, the employee
5.4 Application to other statutes. will be notified of the action taken on his claim.
AUTHORITY: The provisions of this part 5
issued under sec. 3, 80 Stat. 309; 31 U.S.C. § 4.9 Application to claims not previ- 952 unless otherwise noted. ously adjusted.
SOURCE: The provisions of this part 5 apThe provisions of these regulations in pear at 32 F.R. 452, Jan. 17, 1967, unless this part shall apply to all claims aris- otherwise noted. ing after August 31, 1964, otherwise
$ 5.1 Authority. within its scope, not heretofore adjusted.
The regulations of this part are issued § 4.10 Statute of limitations.
under section 3 of the Federal Claims (a) Claims must be presented in Collection Act of 1966, Public Law 89–508, writing within 2 years after the claim 80 Stat. 308, 309, and in conformity with accrues except that if the claim accrues the Joint Regulations issued under that in time of war or in time of armed con- Act by the General Accounting Office and flict in which the Armed Forces of the the Department of Justice prescribing United States are engaged, or if such a standards for administrative collection, war or armed conflict intervenes within compromise, termination of agency col
with the standards for remission or mitigation established in the governing statute or in Departmental enforcement policies. In the absence of such standards, the standards of the Joint Regulations shall be followed to the extent applicable.
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.
Designation. The heads of bureaus and ofices 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] 8 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
PART 7-EMPLOYEE INVENTIONS Sec. 7.1 Purpose. 7.2 Responsibiuties of the Department. 7.3 Responsibilities of heads of offices. 7.4 Responsibilities of the General Counsel. 7.5 Responsibilities of employees. 7.6 Effect of awards. 7.7 Appeals. 7.8 Delegation.
AUTHORITY: The provisions of this Part 7 issued under 80 Stat. 379; 5 U.S.C. 301, sec. 6, E.O. 10096; 3 CFR, 1949–1953 Comp., p. 292, as amended by E.O. 10930; 3 CFR, 1959–1963 Comp., p. 456.
SOURCE: The provisions of this part 7 appear at 33 F.R. 10088, July 13, 1968, unless otherwise noted. 8 7.1 Purpose.
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 & 7.5 Responsibilities of employees. an employee, (b) his rights in the inven
All employees are required to report tion and the rights of the Government
to the heads of their bureaus or ofices therein, and (c) whether patent protec
any result of research, development, or tion will be sought in the United States
other activity on their part which may by the Department, and to furnish the
constitute an invention and the circumrequired reports to the Patent Office.
stances under which this possible in§ 7.3 Responsibilities of heads of offices. vention came into being.
(a) Heads of bureaus or offices in the $ 7.6 Effect of awards. Department shall be responsible for de
The acceptance by an employee of a termining initially whether the results
cash award for performance which conof research, development, or other activ
stitutes an invention shall, in accordity of an employee within that bureau
ance with 5 U.S.C. 4502(c), constitute an or office constitute an invention which
agreement that the use by the Governfalls within the purview of Executive
ment of the idea, method, or device for Order 10096, as amended, and is to be
which the award is made does not form handled in accordance with the regula
the basis of any further claim against the tions in this part.
Government by the employee, his heirs (b) Heads of bureaus or offices are
or assigns. responsible for obtaining from the employee the necessary information and, if
$ 7.7 Appeals. the determination under paragraph (a) (a) Any employee who is aggrieved by of this section is affirmative, preparing a determination made by the head of his on behalf of the bureau or office a de- bureau or office under this part may scription of the invention and its rela
obtain a review of the determination by tionship to the employee's duties and filing an appeal with the General Counsel work assignments.
within 30 days after receiving the notice (c) Heads of bureaus or offices, after of the determination complained of. such examination and investigation as (b) Any employee who is aggrieved by may be necessary, shall refer to the
a determination made by the General General Counsel all information ob- Counsel under this part may obtain a tained concerning the invention and such review of the determination by filing a determination as the head of the bureau
written appeal with the Commissioner or office has made with respect to the of Patents within 30 days after receivcharacter of the activity as an inven- ing notice of the determination comtion. These reports shall include any piained of, or within such longer period determination as to the giving of a cash as the Commissioner may provide. The award to the employee for his perform- appeal to the Commissioner shall be ance relating to that invention.
processed in accordance with the provi
sions in the regulations of the Patent § 7.4 Responsibilities of the General
Office for an appeal from an agency Counsel.
determination. (a) The General Counsel shall be
$ 7.8 Delegation. responsible for determining, subject to review by the Commissioner of Patents,
The heads of bureaus or offices and the respective rights of the Government
the General Counsel may delegate, as and of the inventor in and to any inven
appropriate, the performance of the retion made by an employee of the Depart
sponsibilities assigned to them under
this part. ment. (b) On the basis of the foregoing de
PART 10_PRACTICE BEFORE THE termination, the General Counsel shall determine whether patent protection will
INTERNAL REVENUE SERVICE be sought by the Department for such an Sec. invention.
10.0 Scope of part. (c) The General Counsel will prepare
Subpart A-Rules Governing Authority To Practice and furnish to the Patent Office the
10.1 Director of practice. reports required by the regulations of
10.2 Definitions. that Ofice and will serve as the liaison
10.3 Who may practice. officer between the Department and the 10.4 Eligibility for enrollment. Commissioner of Patents.
10.5 Application for enrollment.