« PreviousContinue »
§ 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, job, and station
§ 4.6 Evidence to be submitted by claimassignment.
ant. (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 officer, supply the item will be adjusted to reflect oficer, 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.
(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 & 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 t 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. tion 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 de mand 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 previ
ously 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, seryice 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.
PART 5-CLAIMS COLLECTION
AUTHORITY: The provisions of this Part 5 issued under sec. 3, 80 Stat. 309; 31 U.S.C. 952 unless otherwise noted.
SOURCE: The provisions of this part 5 appear at 32 F.R. 452, Jan. 17, 1967, unless otherwise noted. $ 5.1 Authority.
The regulations of this part are issued under section 3 of the Federal Claims Collection Act of 1966, Public Law 89–508, 80 Stat. 308, 309, and in conformity with the Joint Regulations issued under that Act by the General Accounting Office and the Department of Justice prescribing standards for administrative collection, compromise, termination of agency col
lection action, and referral to the Gen- with the standards for remission or mitieral Accounting Office and to the De gation established in the governing statpartment of Justice for litigation, of civil ute or in Departmental enforcement claims by the Government for money or policies. In the absence of such standproperty, 4 CFR Chapter II.
ards, the standards of the Joint Regula§ 5.2 Incorporation by reference; scope.
tions shall be followed to the extent
applicable. The regulations of this part incorporate by this reference all provisions of PART 7-EMPLOYEE INVENTIONS the Joint Regulations of the General AC
Sec. counting Office and the Department of
7.1 Purpose. Justice, and supplement those regula
7.2 Responsibilties of the Department. tions by the prescription of procedures 7.3 Responsibilities of heads of offices. and directives necessary and appropriate 7.4 Responsibilities of the General Counsel. for Treasury operations. The Joint Reg 7.5 Responsibilities of employees. ulations and this part do not apply to tax
7.6 Effect of awards. claims nor to any claim as to which there
7.7 Appeals. is an indication of fraud or misrepresent
7.8 Delegation. ation, as described in § 101.3 of the Joint AUTHORITY: The provisions of this Part 7 Regulations, unless returned by the Jus issued under 80 Stat. 379; 5 U.S.C. 301, sec. 6, tice Department to the Treasury Depart
E.O. 10096; 3 CFR, 1949–1953 Comp., p. 292, ment for handling.
as amended by E.O. 10930; 3 CFR, 1959–1963
Comp., p. 456. 8 5.3 Designation.
SOURCE: The provisions of this part 7 apThe heads of bureaus and offices and pear at 33 F.R. 10088, July 13, 1968, unless their delegates are designated as des otherwise noted. ignees of the Secretary of the Treasury
$ 7.1 Purpose. authorized to perform all the duties for which the Secretary is responsible under
Provisions defining the right, title, the foregoing Act and Joint Regula
and interest of the Government in and tions: Provided, however. That no com- to an invention made by a Government promise of a claim shall be effected or
employee under various circumstances collection action terminated, except
and the duties of Government agencies upon the recommendation of the Gen with respect thereto are set forth in eral Counsel, the Chief Counsel of the
Executive Order No. 10096, 15 F.R. 389, bureau or office concerned, or the des
as amended (35 U.S.C. 266 note). Furignee of either. Notwithstanding the
ther definition of the circumstances foregoing proviso, no such recommenda
under which the Government will action shall be required with respect to
quire the right to a patent in such an the termination of collection activity on
invention or a nonexclusive, irrevocable, any claim in which the unpaid amount
royalty-free license in the invention, of the debt is $50 or less.
and the procedures for the determina(Sec. 3, 80 Stat. 309; 31 U.S.C. 951-953, 4
tion of these interests, are set forth in CFR Chap. II) (34 F.R. 5159, Mar. 13, 1969)
the regulations issued under that Execu
tive order by the Patent Office, 37 CFR $ 5.4 Application to other statutes.
Part 100. The purpose of this part 7 is (a) The authority of the Secretary of to implement for the Treasury Departthe Treasury or the head of a bureau or ment the foregoing Executive order and office within the Treasury Department to regulations of the Patent Office by compromise claims of the United States (a) bringing to the attention of Treasury shall be exercised with respect to claims employees the law and procedure govnot exceeding $20,000, exclusive of in- erning their rights to, and interest in, terest, in conformity with the Federal inventions made by them, (b) defining Claims Collection Act, the Joint Regula responsibility within the Department for tions thereunder, and this part, except making the necessary determinations, where standards are established by other and, (c) establishing internal procedures statutes or authorized regulations issued for action in conformity with the Execupursuant thereto.
tive order and the Patent Office regula(b) The authority of the Secretary of the Treasury or the head of a bureau or office within the Treasury Department to $ 7.2 Responsibilities of the Department. remit or mitigate a fine, penalty or for- The responsibilities of the Treasury feiture shall be exercised in accordance 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. 8 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 Ofice and will serve as the liaison officer between the Department and the Commissioner of Patents.
$ 7.5 Responsibilities of employees. All employees are required to report
A 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. 87.6 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 ofice 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 Ofice for an appeal from an agency determination. $ 7.8 Delegation.
The heads of bureaus or offices and the General Counsel may delegate, as appropriate, the performance of the responsibilities assigned to them under this part.
PART 10 PRACTICE BEFORE THE
INTERNAL REVENUE SERVICE Sec. 10.0 Scope of part. Subpart A-Rules Governing Authority To Practice 10.1 Director of practice. 10.2 Definitions. 10.3 Who may practice. 10.4. Eligibility for enrollment. 10.5 Application for enrollment.