Appendix to Subpart O ADMINISTRATIVE DIVISION [Memo No. 398] PRESCRIBING REGULATIONS WITH RESPECT TO THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIMS ACT OF 1964 (78 STAT. 767) Pursuant to the authority vested in me by 0.76(a) (12) of Title 28 of the Code of Federal Regulations, I hereby prescribe the following regulations with respect to all claims filed by or on behalf of employees of this Department under the Military Personnel and Civilian Employees' Claims Act of 1964 (hereinafter referred to as the Act)— SECTION 1. Scope. The Act authorizes the settlement of employees' claims arising after August 31, 1964, for the loss of or damage to personal property which occurs incident to Government service. A claim must be substantiated and the possession of the property determined to be reasonable, useful, or proper. The maximum amount allowable on any claim is $6,500 and property may be replaced in kind at the option of the Government. SEC. 2. Claimants. A claim may be filed by an employee, or in his name by his spouse, as authorized agent, or by any other authorized agent or legal representative of the employee. If the employee is dead, the claim may be filed by his (1) spouse, (2) children, (3) father or mother, or both, or (4) brothers or sisters, or both. Payments in settlement of claims to survivors of employees will be made in the same order of precedence. SEC. 3. Conditions. Under the Act, a claim may be allowed only if it is presented in writing within 2 years after it accrues, except that if the claim accrues in time of war or in time of armed conflict in which any armed force of the United States is engaged or if such a war or armed conflict intervenes within 2 years after it accrues, and if 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. A claim may not be allowed if the loss or damage shall have occurred at quarters occupied by the claimant within one of the 50 States or the District of Columbia unless those quarters shall have been assigned to him or otherwise provided in kind by the United States. Nor can a claim be allowed if it shall have been caused wholly or partly by the negligent or wrongful act of the claimant, his agent, or his employee. SEC. 4. Principal types of claims payable. Claims are allowable when the damage or loss involves one or more of the following circumstances 1. Loss, theft, or damage in quarters or other authorized places if it occurred at: a. Quarters, wherever situated, if assigned or provided in kind by the Government. b. Quarters outside the 50 States and the District of Columbia without regard to whether assigned or provided in kind by the Government, unless the employee involved is a local or native resident. c. Any warehouse, office, hospital, storage place designated by superior authority for reception of the property. 2. A marine, rail, aircraft, or other common disaster or a natural disaster such as a fire, flood, hurricane, etc. 3. Property, including personal clothing and vehicles, subjected to extraordinary risks in the performance of duty, such as in connection with civil disturbance, public disorder, common or natural disaster, or efforts to save Government property or human life. 4. Property used for the benefit of the Government at the direction of a superior authority. 5. Money deposited with an authorized Government agent for safekeeping. SEC. 5. Principal types of claims not payable. Claims are not allowable for the following: 1. Losses or damages totaling less than $10. 2. Money or currency except when deposited with an authorized Government agent for safekeeping or except when lost incident to a marine, rail, aircraft, or other common disaster or a natural disaster such as a fire, flood, hurricane, etc. 3. Transportation losses involving baggage, household goods, or other shipments which could have been insured. 4. Articles of extraordinary value. 5. Articles being worn (unless allowable under sec. 4). 6. Intangible property such as bank books, checks, notes, stock certificates, money orders, travelers checks, etc. 7. Property owned by the United States unless employee is financially responsible for it to another Government agency. 8. Claims for loss or damage to motor vehicles or trailers (unless allowable under sec. 4). 9. Losses of insurers and subrogees. 10. Losses recoverable from insurers and carriers. 11. Losses in quarters within the United States not asigned or otherwise provided in kind by the Government. 12. Losses recovered or recoverable pursuant to contract. 13. Claims for damage or loss caused, in whole or in part, by the negligence or wrongful act of the employee or his agent. 14. Property used for business or profit. 15. Theft from the possession of the employee unless due care was used to protect possession. 16. Property acquired, possessed or transported in violation of law, or regulations. SEC. 6. Types and quantity of property. Claims are allowable only for such types and quantities of tangible personal property the possession of which is determined to be reasonable, useful, or proper under the attendant circumstances at the time of the loss or damage. SEC. 7. Computation of award and finality of settlement. The amount awarded on any item of property will not exceed the adjusted cost, based either on the price paid or value at the time of acquisition. The amount normally payable for property damaged beyond economical repair is found by determining its depreciated value immediately before loss or damage, less any salvage value. If the cost of repair is less than the depreciated value, it will be considered to be economically repairable and only the cost of repair will be allowable. There is reserved to the Assistant Attorney General for Administration, on behalf of the Government, the right to fix a maximum amount to be payable as to specific articles and to establish maximum quantity limitations with respect to which payments will be allowed. Notwithstanding any other provision of law, settlements of claims under the Act are final and conclusive. SEC. 8. Claims procedure. The form prescribed by me for filing claims pursuant to these regulations (Form DJ110) shall be completed by the employee, the person acting on his behalf, or by his survivor and shall be forwarded through the employee's supervisor to the head of the office, division, bureau, or board concerned. That official shall be responsible for assuring that all necessary supporting papers are attached to that form and shall forward the entire file to the Assistant Attorney General for Administration by a brief memorandum summarizing the facts concerning the loss or damage, commenting on the merits of the claim, and recommending what amount, if any, should be paid in settlement thereof. If a payment is recommended, a voucher should be prepared at that time for the signature of the Assistant Attorney General for Administration and forwarded with the file. Claim forms may be obtained from the administrative units of the various offices, divisions, bureaus, and boards and from the Administrative Division of this Department. SEC. 9. Supporting papers. In addition to the information required to complete the claim form, the following evidence will be required 1. Two itemized repair estimates, or value estimates, whichever is applicable. 2. With respect to claims involving thefts or losses in quarters or other authorized places a. A statement as to geographical location of place where the theft or loss occurred; b. A statement as to what security precautions were taken to protect the property involved; and c. An explanation of the facts and circumstances surrounding the loss or theft. 3. With respect to claims involving property being used for benefit of the Government, a statement by the employee's superior to the effect that the claimant was required to provide such property. 4. A claim filed by an agent or survivor must be supported by a power of attorney or other satisfactory evidence of authority to file. 5. A report shall be provided by the employee's supervisor summarizing all the facts and circumstances and giving any other pertinent information ascertained by his investigation of the claim. SEC. 10. Settlement. Upon receipt of the claim file in the Administrative Division, a determination will be made with respect to the merits of the claim. If it is disallowed, a memorandum will be sent to the head of the office, division, bureau, or board concerned briefly explaining the disallowance. If allowed, in whole or in part, the voucher mentioned in section 8 will be approved and returned to be signed by an authorized certifying officer and paid. ADMINISTRATIVE DIVISION [Memo No. 398, Supp. No. 2] DELEGATING AUTHORITY FOR SETTLING EMPLOYEES' CLAIMS UNDER MILITARY PERSONNEL AND CIVILIAN EMPLOYEES CLAIMS ACT OF 1964 (78 STAT. 767 AND 31 U.S.C. 241) Under and by virtue of the authority vested in me by § 0.76(a) (12) and (k) of Title 28 of the Code of Federal Regulations, the authority to settle claims of $200 or less filed by employees of their respective offices in accordance with Memo No. 398 is hereby delegated to the Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of the Immigration and Naturalization Service, and the Director of the Bureau of Narcotics and Dangerous Drugs. The provisions of this memorandum shall be effective on the date of the publication of this memorandum in the FEDERAL REGISTER. [Order No. 423-69, 34 F.R. 20388, Dec. 31, 1969, as amended at 35 F.R. 13077, Aug. 18, 1970] ADMINISTRATIVE AUTHORITY [Memo No. 398; Supplement No. 3] and DELEGATION OF AUTHORITY Delegating authority for settling employees' claims under Military Personnel and Civilian Employees' Claims Act of 1964 (78 Stat. 767 and 31 U.S.C. 241). Under and by virtue of the authority vested in me by $ 0.76(a) (12) § 0.76(k) of Title 28 of the Code of Federal Regulations, the authority to settle claims of $200 or less filed by employees of their respective offices in accordance with Memo No. 398 is hereby delegated to the Director, Executive Office for U.S. Attorneys, and to the Director, U.S. Marshals Service. [35 F.R. 1049, Jan. 27, 1970, as amended at 35 F.R. 13077, Aug. 18, 1970] ADMINISTRATIVE DIVISION [Memo No. 482] DELEGATING CERTAIN AUTHORITY WITH RESPECT TO TRAINING BY, IN, OR THROUGH NON-GOVERNMENT FACILITIES Under and by virtue of the authority the Code of Federal Regulations, I hereby delegate the following-described authority, conferred upon me by 8 0.76 (c) (5) of Title 28, to the following-named officers The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, Inc., the Director, Bureau of Narcotics and Dangerous Drugs, and the Commissioner of Immigration and Naturalization, as to their respective jurisdictions, are authorized to exercise the authority vested in the Attorney General by 5 U.S.C. 41054118 (and delegated to me by § 0.76(c) (5) of Title 28 of the Code of Federal Regulations) with respect to the selection and assignment of employees for training by, in, or through nonGovernment facilities under that Act whenever the total expense therefor will not exceed $1,000, including tuition, fees, per diem, and travel, the payment of the expenses of such training or the reimbursement of employees therefor. The authority conferred by the preceding paragraph of this memorandum shall be exercised in conformity with the nondiscrimination policies and procedures prescribed by §§ 42.1 and 42.2 of Title 28 of the Code of Federal Regulations. ADMINISTRATIVE DIVISION DELEGATING CERTAIN AUTHORITY TO THE ADMINISTRATIVE DIVISION Under and by virtue of the authority vested in me by §§ 0.76 (k) and 0.159 of Title 28 of the Code of Federal Regulations, I hereby delegate to the Deputy Assistant Attorney General for Administration, the authority conferred upon me by the following described sections of that title Section 0.76: Experts, consultants, temporary employment; expenses of witnesses and informants; actual expenses of subsistence; certificates re printing; and certificates re long distance telephone calls. Section 0.140: Advertising-purchase of supplies and services. Section 0.142: (a) Travel; (c) travel advances; and (d) transportation expenses on change of headquarters. Section 0.145: Overtime pay. ADMINISTRATIVE DIVISION [Memo No. 514] DELEGATION OF AUTHORITY TO DIRECTOR, BUREAU OF PRISONS, AS TO DISPOSITION OF UNCLAIMED PROPERTY Pursuant to the authority vested in me by § 0.76(k) of Title 28 of the Code of Federal Regulations, I hereby delegate to the Director of the Bureau of Prisons the authority vested in me by § 0.76(b) (7) of that title to exercise the authority conferred by section 203 (m) of the Federal Property and Administrative Services Act of 1949, as amended (1) to take possession of all unclaimed privately owned personal property (including abandoned property) of an estimated value of $100 or less which is now or may hereafter be in the official custody or control of any officer, employee, or agent of the Bureau of Prisons un premises owned or leased by the United States, and which remains unclaimed for a period of 6 months, (2) to determine that title to such property has vested in the United States, (3) to utilize, transfer, or otherwise dispose of such property, (4) to determine, when necessary, the fair value of such property, (5) to receive, examine, and determine claims filed by former owners thereof, and (6) to pay such claims, or any portion thereof, which he shall determine to be due and payable in accord with section 203 (m) of that Act. All proceeds from the property disposed of under this delegation shall, if not paid to the owner thereof under section 203 (m), be covered into the U.S. Treasury as miscellaneous receipts. The authority herein delegated may be redelegated to any officer or employee of the Bureau of Prisons. ADMINISTRATIVE DIVISION [Memo No. 515] VESTING OF UNCLAIMED PROPERTY Pursuant to the authority vested in me by 0.76(b) (7) of Title 28 of the Code of Federal Regulations, the title to all unclaimed and abandoned privately owned personal property of an estimated value of $100 or less, and cash or negotiable instruments not to exceed $500, which are now or may hereafter come into the official custody of any officer, employee, bureau, or other subdivision of this Department and remain unclaimed for a period of 6 months, shall after the expiration of such period vest in the United States. DELEGATING CERTAIN TRAINING AUTHORITY TO THE DIRECTOR OF PERSONNEL, ADMINISTRATIVE DIVISION Under and by virtue of the authority vested in me by §§ 0.76(k) and 0.159 of Title 28 of the Code of Federal Regulations, I hereby delegate to the Director of Personnel, Administrative Division, the authority conferred upon me by the following described sections of that title: Section 0.76 (e) (6): Selection and assignment of employees of the Legal and Administrative Activities (including U.S. Attorneys and Marshals) for training by, in or through non-Government facilities whenever the total expense therefor will not exceed $500 including tuition fees, per diem and travel, and the payment of the expense of such training or the reimbursement of employees therefor. Section 0.153: Selection and assignment of employees for training by, in or through Government facilities and the payment of the expense of such training or the reimbursement of employees therefor. The authority conferred by the preceding paragraph of this memorandum should be exercised in conformity with the nondiscrimination policies and procedures prescribed by Part 42 of Title 28 of the Code of Federal Regulations, and Memo No. 635, Subject: Department of Justice Equal Employment Opportunity Program, dated July 17, 1969. ADMINISTRATIVE DIVISION [Memo No. 658] DELEGATING AUTHORITY FOR TAKING PERSONNEL ACTIONS ON POSITIONS IN GRADE GS-14 Under and by virtue of the authority vested in me by §§ 0.76 (c)(4), 0.76(k), 0.136, and 0.159 of Title 28 of the Code of Federal Regulations, I hereby delegate to the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, and Director of the Bureau of Narcotics and Dangerous Drugs authority, as to their respective jurisdictions, to take final actions in matters pertaining to the employment, direction, and general administration (including appointment, assignment, training, promotion, demotion, compensation, leave, classification, separation) of all personnel, except attorneys, in general schedule grade GS-14. [35 F.R. 4210, Mar. 6, 1970] ADMINISTRATIVE DIVISION [Memo No. 712] DELEGATING AUTHORITY FOR SUSPENDING OR TERMINATING COLLECTION ACTION Under and by virtue of the authority vested in me by Part 104, Title 4, and §§ 0.76 (a) and (k) and 0.159 of Title 28 of the Code of Federal Regulations, I hereby delegate to the Director, Office of Budget and Accounts, the authority to suspend or terminate collection action on claims not to exceed $250. Claims in excess of $100 shall be reviewed by the Director, Office of Judicial Examinations, and a recommendation made to the Director, Office of Budget and Accounts as to their appropriateness. [35 F.R. 19397, Dec. 23, 1970] Subpart P-Federal Bureau of CROSS REFERENCE: For regulations pertaining to the Federal Bureau of Investigation, see Part 3 of this chapter. § 0.85 General functions. Subject to the general supervision and direction of the Attorney General, the Director of the Federal Bureau of Investigation shall: (a) Investigate violations of the laws of the United States and collect evidence 50-064-71- -3 in cases in which the United States is or may be a party in interest, except in cases in which such responsibility is by statute or otherwise specifically assigned to another investigative agency. (b) Conduct the acquisition, collection, exchange, classification, and preservation of identification records, including personal fingerprints voluntarily submitted, on a mutually beneficial basis, from law enforcement and other governmental agencies, railroad police, national banks, member banks of the Federal Reserve System, FDIC-ReserveInsured Banks, and banking institutions insured by the Federal Savings and Loan Insurance Corporation; provide expert testimony in Federal or local courts as to fingerprint examinations; and provide identification assistance in disasters and in missing-persons type cases, including those from insurance companies. (c) Conduct personnel investigations requisite to the work of the Department of Justice and whenever required by statute or otherwise. (d) Carry out the Presidential directive of September 6, 1939, as reaffirmed by Presidential directives of January 8, 1943, July 24, 1950, and December 15, 1953, designating the Federal Bureau of Investigation to take charge of investigative work in matters relating to espionage, sabotage, subversive activities, and related matters. (e) Establish and conduct law enforcement training programs to provide training for State and local law enforcement personnel; operate the Federal Bureau of Investigation National Academy; develop new approaches, techniques, systems, equipment, and devices to improve and strengthen law enforcement and assist in conducting State and local training programs, pursuant to section 404 of the Omnibus Crime Control and Safe Streets Act of 1968, 82 Stat. 204. (f) Operate a central clearinghouse for police statistics under the Uniform Crime Reporting Program, and a computerized nationwide index of law enforcement information under the National Crime Information Center. (g) Operate the Federal Bureau of Investigation Laboratory, to serve not only the Federal Bureau of Investigation, but also to provide, without cost, technical and scientific assistance, including expert testimony in Federal or local courts, for all duly constituted law enforcement agencies, other organizational units of the Department of Jus |