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(C) A claim may be amended by the $1014.4 Administrative claims; eviclaimant at any time before final DOE dence and information to be subaction or before the exercise of the mitted. claimant's option under 28 U.S.C. (a) Death. In support of a claim based 2675(a). Amendments shall be sub- on death, the claimant may be required mitted in writing and signed by the to submit the following evidence or inclaimant or a duly authorized agent or formation: legal representative. If an amendment (1) An authenticated death certifito a pending claim is filed in time, the cate or other competent evidence showDOE shall have 6 months to decide the
ing the cause of death, the date of claim as amended. The claimant's op
death, and the age of the decedent. tion under 28 U.S.C. 2675(a) shall not
(2) Decedent's employment or occuaccrue until 6 months after the filing
pation at time of death, including
monthly or yearly salary or earnings of an amendment.
(if any), and the duration of last em8 10143 Administrative claim; who
ployment or occupation.
(3) Full names, addresses, birth dates, may file.
kinship, and marital status of the dece(a) A claim for injury to or loss of dent's survivors, including identificaproperty may be presented by the tion of those survivors who were deowner of the property interest that is pendent for support upon the decedent the subject of the claim or the owner's at the time of death. duly authorized agent or legal rep- (4) The degree of support afforded by resentative.
the decedent to each survivor depend(b) A claim for personal injury may
ent upon decedent for support at the be presented by the injured person or
time of death. the claimant's duly authorized agent
(5) Decedent's general physical and or legal representative.
mental condition before death.
(6) Itemized bills for medical and bur(c) A claim based on death may be
ial expenses incurred by reason of the presented by the executor or adminis
incident causing death, or itemized retrator of the decedent's estate or by
ceipts of payment for such expenses. any other person legally entitled to as
(7) If damages for pain and suffering sert such a claim under the applicable
prior to death are claimed, a physican's State law.
detailed statement specifying the inju(d) A claim for a loss that was wholly ries suffered, the duration of pain and compensated by an insurer with the suffering, any drugs administered for rights of a subrogee may be presented pain, and the decedent's physical conby the insurer. A claim for loss that dition between injury and death. was partially compensated by an in
(8) Any other evidence or information surer with the rights of a subrogee may that may have a bearing on either the be presented by the insurer or the in
responsibility of the United States for sured individually, as their respective
the death or the amount of damages interests appear, or jointly. Whenever
claimed. an insurer presents a claim asserting
(b) Personal injury. In support of a the rights of a subrogee, it shall
claim for personal injury, including present with its claim appropriate evi
pain and suffering, the claimant may
be required to submit the following dence that it has the rights of a
evidence or information: subrogee.
(1) A written report by the attending (e) A claim presented by an agent or
physician or dentist setting forth the legal representative shall be presented
nature and extent of the injury, the nain the name of the claimant, be signed ture and extent of treatment, any deby the agent or legal representative, gree of temporary or permanent disshow the title or legal capacity of the ability, the prognosis, the period of person signing, and be accompanied by hospitalization, and any diminished evidence of authority to present a earning capacity. In addition, the claim on behalf of the claimant.
claimant may be required to submit to
a physical or mental examination by a $1014.5 Authority to adjust, deterphysician employed by the DOE or an mine, compromise, and settle. other Federal agency. A copy of the
The General Counsel, the Deputy physician's report shall be made avail
General Counsel, the Deputy General able to the claimant upon the claimant's written request, provided that
Counsel for Legal Services, the Assistthe claimant has, upon request, made
ant General Counsel for Legal Counsel, or agrees to make available to the DOE
and any employees of the Department any physician's reports previously or
designated by the General Counsel to thereafter made of the physical or
receive and act on tort claims at Headmental condition which is the subject quarters and field locations are authormatter of the claim.
ized to act on claims. (2) Itemized bills for medical, dental, and hospital expenses incurred, or
8 1014.6 Limitation on authority. itemized receipts of payment for such
(a) An award, compromise, or settleexpenses.
ment of a claim in excess of $25,000 (3) If the prognosis reveals that fu- shall be made only with the prior writture treatment will be needed, a state- ten approval of the Attorney General ment of the expected expenses of such or his or her designee. For the purposes treatment.
of this paragraph, a principal claim and (4) If a claim is made for loss of time any derivative or subrogated claim from employment, a written statement shall be treated as a single claim. from the claimant's employer showing (b) An administrative claim may be actual time lost from employment,
adjusted, determined, compromised, or whether the claimant is a full-time or
settled only after the Department of part-time employee, and the wages or
Justice has been consulted if, in the salary actually lost.
opinion of the General Counsel or des(5) If a claim is made for loss of in
ignee: come and the claimant is self-em
(1) A new precedent may be involved; ployed, documentary evidence showing
(2) A question of policy may be inthe amounts of earnings actually lost.
volved; (6) Any other evidence or information
(3) The United States may be entitled that may bear on either the responsibility of the United States for the per
to indemnity or contribution from a
third party and the DOE is unable to sonal injury or the damages claimed.
adjust the third party claim; or (c) Property damage. In support of a claim for injury to or loss of property,
(4) The compromise of a particular real or personal, the claimant may be
claim, as a practical matter, may conrequired to submit the following evi
trol the disposition of a related claim dence or information:
in which the amount to be paid may (1) Proof of ownership of the property
exceed $25,000. interest that is the subject of the
(c) An administrative claim may be claim.
adjusted, determined, compromised, or (2) A detailed statement of the
settled only after consultation with amount claimed with respect to each
the Department of Justice when the item of property.
DOE is aware that the United States or (3) An itemized receipt of payment
an employee, agent, or cost-type confor necessary repairs or itemized writ tractor of the United States is involved ten estimates of the cost of such re
in litagation based on a claim arising pairs.
out of the same incident or trans(4) A statement listing date of pur action. chase, purchase price, and salvage (d) The authority of DOE subordinate value, where repair is not economical. claims officials to make awards, com
(5) Any other evidence or information promises, and settlements of over that may bear on either the responsi- $10,000 is subject to the approval of the bility of the United States for the in- General Counsel, the Deputy General jury to or loss of property or the dam- Counsel, or the Deputy General Counages claimed.
sel for Legal Services.
$ 1014.7 Referral to Department of Jus 2675(a) shall not accrue until 6 months tice.
after the request for reconsideration is (a) When Department of Justice ap
filed. Final DOE action on a request for proval or consultation is required
reconsideration shall be made in acunder $ 1014.6, the referral or request
cordance with the provisions of parashall be transmitted to the Department
graph (a) of this section. of Justice by the General Counsel or
$ 1014.10 Action on approved claims. designee.
(b) When a designee of the General (a) Payment of any approved claim Counsel is processing a claim requiring
shall not be made unless the claimant consultation with, or approval of, ei
executes (1) a Standard Form 1145, (2) a ther the DOE General Counsel or the claims settlement agreement, or (3) a Department of Justice, the referral or
Standard Form 95, as appropriate conrequest shall be sent to the General
sistent with applicable rules of the DeCounsel in writing and shall contain:
partment of Justice, Department of the (1) A short and concise statement of Treasury, and the General Accounting the facts and of the reasons for the re
Office. When a claimant is represented ferral or request,
by an attorney, the voucher for pay(2) Copies of relevant portions of the ment shall designate both the claimant claim file, and
and the attorney as payees, and the (3) A statement of recommendations check shall be delivered to the attoror views.
ney, whose address shall appear on the
voucher. $ 1014.8 Investigation and examina
(b) If the claimant or the claimant's tion.
agent or legal representative accepts The DOE may investigate, or may re any award, compromise, or settlement quest any other Federal agency to in made pursuant to the provisions of secvestigate, a claim and may conduct, or tion 2672 or 2677 of title 28, United request another Federal agency to con States Code, that acceptance shall be duct, a physical examination of a final and conclusive on the claimant, claimant and provide a report of the the claimant's agent or legal repphysical examination.
resentative, and any other person on
whose behalf or for whose benefit the $ 1014.9 Final denial of claim.
claim has been presented. The accept(a) Final denial of an administrative ance shall constitute a complete reclaim shall be in writing and sent to lease of any claim against the United the claimant, or the claimant's attor- States and against any employee of the ney or legal representative by certified Government whose act or omission or registered mail. The notification of gave rise to the claim, by reason of the final denial may include a statement of same subject matter. the reasons for the denial and shall include a statement that, if the claimant
$ 1014.11 Penalties. is dissatisfied with the Department's A person who files a false claim or action, the claimant may file suit in an makes a false or fraudulent statement appropriate U.S. District Court not in a claim against the United States more than 6 months after the notifica may be liable to a fine of not more tion is mailed.
than $10,000 or to imprisonment for not (b) Before the commencement of suit more than 5 years, or both (18 U.S.C. and before the 6-month period provided 1001), and, in addtion, to a forfeiture of in 28 U.S.C. 2401(b) expires, a claimant, $2,000 and a penalty of double the loss or the claimant's duly authorized or damage sustained by the United agent, or legal representative, may file States (31 U.S.C 231). a written request with the DOE General Counsel for reconsideration of a PART 1015-COLLECTION OF final denial of a claim. Upon the timely CLAIMS OWED THE UNITED STATES filing of a request for reconsideration the DOE shall have 6 months from the Sec date of filing to decide the claim, and 1015.1 Purpose. the claimant's option under 28 U.S.C. 1015.2 Applicability.
1015.3 Demand for payment. 1015.4 Interest, administrative charges, and
penalty charges. 1015.5 Responsibility for collection. 1015.6 Collection by administrative offset. 1015.7 Settlement of claims. 1015.8 Referral for litigation. 1015.9 Disclosure to consumer reporting
agencies and referral to collection agen
cies. 1015.10 Credit report.
AUTHORITY: 31 U.S.C. 3701-3719; Pub. L. 97– 365, 96 Stat. 1754.
SOURCE: 53 FR 24624, June 29, 1988, unless otherwise noted.
$ 1015.1 Purpose.
This part establishes procedures for the Department of Energy (DOE) to collect, compromise, or terminate collection action on claims of the United States for money or property arising from activities under DOE jurisdiction. It specifies the agency procedures and the rights of the debtor applicable to claims for the payment of debts owed to the United States. It incorporates, as appropriate, the Federal Claims Collection Standards (4 CFR parts 101-105). It sets forth procedures by which DOE:
(a) Will collect claims owed to the United States;
(b) Will determine and collect interest and other charges on those claims;
(C) Will compromise claims; and
(d) Will refer unpaid claims for litigation. [53 FR 24624, June 29, 1988; 53 FR 27798, July 22, 1988)
procedures for collection of claims by Federal salary offset under 5 U.S.C. 5514. The failure of DOE to include in this part any provision of the Federal Claims Collection Standards does not prevent DOE from applying the provision. The failure of DOE to comply with any provision of this part or of the Federal Claims Collection Standards shall not be available as a defense to any debtor in terms of affecting the merits of the underlying indebtedness.
(b) All claims due from Federal employees will be collected in accordance with DOE 2200.2, Collection from Employees for Indebtedness to the United States, or successor internal directives. DOE 2200.2 provides for hearings as required under 5 U.S.C. 5514 and 4 CFR part 102.
(c) Claims arising from the audit of transportation accounts pursuant to 31 U.S.C. 3726 shall be determined, collected, compromised, terminated, or settled in accordance with regulations published under the authority of 31 U.S.C. 3726 (see 41 CFR parts 101-141, administered by the Director, Office of Transportation Audits, General Sery. ices Administration) and are otherwise excepted from these regulations.
(d) (1) Claims arising out of acquisition contracts, subcontracts, and purchase orders which are subject to the Federal Acquisition Regulation Systems, including the Federal Acquisition Regulation, 48 CFR subpart 32.6, and the Department of Energy Acquisition Regulations, 48 CFR subpart 932.6, shall be determined or settled in accordance with those regulations.
(2) Claims arising out of financial assistance instruments (e.g., grants, subgrants, contracts under grants, cooperative agreements, and contracts under cooperative agreements) and loans and loan guarantees shall be determined or settled in accordance with internal DOE directives. Relevant provisions currently are set forth primarily at 10 CFR 600.26 and 10 CFR 600.112(f) (53 FR 24624, June 29, 1988; 53 FR 27798, July 22, 1988]
$ 1015.2 Applicability.
(a) This part applies to all claims due the United States under the Federal Claims Collection Act, as amended by the Debt Collection Act (31 U.S.C. 3701– 3719), arising from activities under the jurisdiction of DOE unless such claims are otherwise subject to applicable laws or regulations. For purposes of this part, claims include, but are not limited to, amounts due the United States from fees, loans, loan guarantees, overpayments, fines, civil penalties, damages, interest, sale of products and services, and other sources. This part provides the procedures for collection of claims by administrative offset under 31 U.S.C. 3716. DOE 2200.2, Collection From Employees for Indebtedness to the United States, provides the
$1015.3 Demand for payment.
(a) A total of three progressively stronger written demands at not more than approximately 30-day intervals will normally be made unless a response or other information indicates
that a further demand would be futile cient. Depending on the circumstances or unnecessary. When necessary to pro- of the particular case, the demand lettect the Government's interest, writ- ters may state: ten demand may be preceded by other (1) The amount of any late payment appropriate actions under the Federal charge (interest, penalties, and adminClaims Collection Standards, including istrative charges) added to the debt; immediate offset, as provided in para (2) That the delinquent debt may be graph (d)(2) of this section, and/or re- reported to a credit reporting agency; ferral for litigation.
(3) That the debt may be referred to (b) The initial written demand for a private collection agency for collecpayment should inform the debtor of tion; the following:
(4) That the debt may be collected (1) The basis for the claim;
through administrative offset in ac(2) The amount of the claim;
cordance with the Federal Claims Col(3) Any right to a review of the claim lection Standards (4 CFR part 102); and within DOE;
(5) That the debt may be referred for (4) The date by which DOE expects litigation. full payment and after which the ac (d)(1) Before collecting a debt by adcount is considered delinquent (this is ministrative offset, the debtor shall be the due date and is normally not more advised of the following information eithan 30 days from the date the written ther in the initial written demand and/ initial demand was either mailed, or subsequent written demands, or by hand-delivered, or otherwise trans- separate notice of DOE's intent to colmitted);
lect the debt by administrative offset: (5) The provision for interest, pen (i) Nature and amount of debt; alties, and administrative charges in (ii) Payment due date; accordance with 31 U.S.C. 3717, if pay (iii) The intent of DOE to collect by ment is not received by the due date administrative offset (in accordance (see $ 1015.4 for details regarding inter- with the Federal Claims Collection est, administrative charges, and pen- Standards (4 CFR part 102)), including alty charges); and
requesting other Federal agencies to (6) The DOE's intent to utilize any help in the offset whenever possible, if applicable collection actions made the debtor has not made voluntary available by the Debt Collection Act of payment, has not requested a hearing 1982 and the Federal Claims Collection or review of the claim within DOE as Standards. When determined necessary set out in paragraph (d)(1)(v) of this to protect the Government's interest, section, or has not made arrangements DOE may initiate any of the actions for payment as set out in paragraph available under the referenced Act and (d)(1)(vi) of this section by the payment or Standards. These actions may in- due date; clude, but are not limited to, imme (iv) The right of the debtor to inspect diate referral for litigation, adminis- and copy the DOE records related to trative offset (as provided in paragraph the claim. Any costs associated there(d)(2) of this section), reports to credit with shall be borne by the debtor. The bureaus, and referrals to collection debtor shall give reasonable notice in agencies.
advance to DOE of the date upon which (c) If the debt is not paid by the date it intends to inspect and copy the specified in the initial written demand records involved; two progressively stronger demands (v) The right of the debtor to a hearshall be sent to the debtor unless a re- ing or review of the claim. DOE shall sponse or other information indicates provide the debtor with a reasonable that additional written demands would opportunity for an oral hearing when: either be futile or unnecessary. These (A) An applicable statute authorizes or written demands will be timed so as to requires DOE to consider waiver of the provide an adequate period of time indebtedness involved, the debtor rewithin which the debtor could be ex- quests waiver of the indebtedness, and pected to respond. While shorter peri- the waiver determination turns on an ods of time are acceptable, intervals of issue of credibility or veracity; or (B) approximately 30 days should be suffi- the debtor requests reconsideration of