« PreviousContinue »
(1) Proof of ownership, in cases where crop is one which need not be planted doubt exists that claimant was the each year, a statement of the diminution owner.
in value of the land beyond the damage (i) A detailed statement of
the to the current year's crop. amount claimed with respect to each (iii) Any other evidence or informaItem of property.
tion which may have a bearing on either (ii) Where the property has been re- the responsibility of the United States paired, an itemized receipt, or where not for the damage or the damages claimed. repaired, itemized estimates of the cost
8 31.5 Penalties. of repairs by two reliable persons who specialize in such work.
A person who files a false claim or (iv) Where the property is not eco
makes a false or fraudulent statement in nomically repairable, a statement with
a claim against the United States may
be liable to a fine of not more than respect to date of purchase, purchase price and salvage value, accompanied,
$10,000 or to imprisonment of not more where doubt exists, by the corroborative
than 5 years, or both (18 U.S.C. 287, statements of two reliable qualified 1001), and, in addition, to a forfeiture persons.
of $2,000 and a penalty of double the (v) Any other evidence or information
loss or damage sustained by the United
States (31 U.S.C. 231). which may have a bearing on either the responsibility of the United States for
§ 31.6 Investigation of claims. the damage or loss or the damages claimed.
(a) When a claim is received, the (5) Damage to real property. In sup
office, bureau, division, or Foreign Serv
ice establishment out of whose activities port of a claim for damage or destruc
the claim arose shall make such investition of real property, the claimant should
gation as may be necessary or approsubmit the following evidence or information to the extent necessary to sub
priate for a determination of the validity
of the claim and thereafter shall forward stantiate the elements of the claim:
the claim, together with all pertinent (1) Proof of ownership.
material, and a recommendation, based (ii) A detailed statement of the
on the merits of the case, with regard to amount claimed with respect to each
allowance or disallowance of the claim, item of the property.
to the Legal Adviser, Deputy Legal Ad(ii) Where the property has been re
visers, Commissioner, chief of mission or paired, an itemized receipt, or, where it
principal officer of fiscal reporting post, has not been repaired, itemized estimates
as the case may be. of the cost of repairs by two reliable
(b) Pursuant to instructions from the persons who specialize in such work. (iv) Where the property is not eco
Department, acting at the request of any nomically repairable, corroborative
other federal agency, a Foreign Service statements of two reliable qualified per
establishment shall make such investigasons with regard to the value of the prop
tions as may be necessary or appropriate erty before and after the incident and for the determination of the validity of the cost of replacement.
the claim arising outside the United (v) Any other evidence or information States, and thereafter shall forward the which may have a bearing on neither claim, together with all pertinent matethe responsibility of the United States for
rial, and a recommendation regarding the damage or the damages claimed.
allowance or disallowance of the claim, to (6) Damage to crops. In support of
the Department for transmission to the a claim for damage to crops, the claim
requesting agency. ant should submit the following evidence or information:
§ 31.7 Determination of claims. (i) Proof of ownership of the crop. Claims will be determined in accord(ii) An itemized signed statement
ance vith the applicable statute and the showing the number of acres or other
applicable subpart of this part. unit measure crop damaged, the probable yield per unit, the gross amount
§ 31.8 Adjustment
claims. which would have been realized from such probable yield, and an estimate of (a) Except on instructions from the the costs of cultivating, harvesting and Legal Adviser or Deputy Legal Advisers, marketing the crop; in addition, if the no claim will be adjusted or settled
by a chief of mission, principal officer of appropriations available to the Departa fiscal reporting post if it falls within ment; one of the following categories:
(2) If payment is to be in excess of (1) A new precedent or new point of $2,500 and not more than $100,000 it will law;
be obtained by the Department by for(2) A claim which involves or may in- warding Standard Form 1145 to the volve a question of policy;
Claims Division, General Accounting (3) A claim in which the United States Office; is or may be entitled to indemnity or (3) If payment is to be in excess of contribution from a third party and the $100,000 it will be obtained by the Declaim against the third party has not partment by forwarding Standard Form been settled;
1145 to the Bureau of Accounts, Depart(4) A claim whose adjustment or set- ment of the Treasury, which will be retlement would, for any reason, control sponsible for transmitting the award, the disposition in a related claim in compromise, or settlement to the Bureau which the amount to be paid may exceed of the Budget for inclusion in a defi$25,000;
ciency appropriation bill. (5) A claim in which the United (b) When the use of Standard Form States, an employee, agent or cost-plus 1145 is required it shall be executed by contractor is involved in litigation based the claimant or it shall be accompanied on a claim arising out of the same by either a claim settlen nt agreement transaction.
or Standard Form 95 executed by the (b) If a chief of mission or principal claimant. officer of a fiscal reporting post considers, (c) If payment is to be in excess of after the investigation of the claim has $25,000, Standard Form 1145 shall be been completed, that the claim falls accompanied by evidence that the award within one of the categories listed in has been approved by the Attorney Genparagraph (a) of this section, he shall eral or his designee. transmit the claim, together with all per- (d) When the claimant is represented tinent material, to the Legal Adviser. by an attorney, the voucher for payment
(c) When the Legal Adviser or Dep- shall designate both the claimant and uty Legal Adviser considers that a claim his attorney as “payee,” and the address falls within one of the categories listed of the attorney shall be indicated on the in paragraph (a) of this section, he shall voucher. The check shall be delivered consult the Department of Justice. Such to the attorney. consulation shall be initiated by a writ
§ 31.10 Final denial of claim. ten communication addressed to the Assistant Attorney General, Civil Division, Final denial of an administrative claim containing (1) a short and concise state- shall be in writing and sent to the claimment of the facts and of the reasons for ant, his attorney, or legal representative the referral, (2) copies of relevant por- by certified or registered mail. Except in tions of the claim file, and (3) a state- the case of claims arising in foreign ment of the recommendations and views countries, the notification of final denial of the Department.
shall contain a statement that if the (d) The settlement of a claim for an
claimant is dissatisfied with the deciamount in excess of $25,000 shall not be
sion, he may file suit in an apropriate effected until the Legal Adviser or Dep
U.S. District Court not later than 6 uty Legal Adviser has obtained the writ
months after the date of mailing of the
notification. ten approval of the Department of Justice. Consultations with a view to ob- Subpart B-Federal Tort Claims Act taining such approval shall be initiated
$ 31.11 General. as provided in paragraph (c) of this section. For purposes of this paragraph,
The Federal Tort Claims Act (28 U.S.C. à principal claim and a derivative or 2672) authorizes the head of each Fedsubrogated claim shall be treated as a eral agency, or his designee, to consider, single claim.
ascertain, adjust, determine, compro
mise, and settle certain tort claims for 8 31.9 Payment of claims.
money damages against the United (a) When a claim is approved:
States, in accordance with regulations (1) If payment is to be in the amount prescribed by the Attorney General. of $2,500 or less it will be made out of Subpart A of this part is in implemen
tation of the regulations prescribed by of the claimant any time thereafter, be the Attorney General.
deemed finally denied. If a claim is
denied, the claimant may commence ac$ 31.12 Allowable claims.
tion thereon within 6 months from the Tort claims, except those specifically date of notice of denial. The amount excluded by the Federal Tort Claims Act of the suit may not exceed the amount (28 U.S.C. 2680), are allowable under the of the claim, except where the increased act and this subpart for damage to or amount is based upon newly discovered loss of property and for personal injury evidence, or upon allegation and proof or death, caused by the negligent or of intervening facts, relating to the wrongful act or omission of any employee amount of the claim. of the Department or of the Commission, while acting within the scope of his office
§ 31.15 Acceptance of award or settleor employment, under circumstances
ment by claimant. where the United States, if a private per- The acceptance by the claimant of an son, would be liable for such damage, awara, compromise or settlement is final loss, injury, or death, in accordance with and conclusive on the claimant, his agent the law of the place where the act or or legal representative and any person omission occurred. The size of the pay- on whose behalf or for whose benefit ment is not limited by the act. Payments the claim has been presented, and conin excess of $25,000 require the prior stitutes a complete release of any claim written approval of the Attorney against the United States and against General.
any employee of the Government whose
act or omission gave rise to the claim, $ 31.13 Claims not allowable.
by reason of the same subject matter. The following claims, among others, are not allowable under the Federal Tort
$ 31.16 Attorneys' fees. Claims Act and this subpart:
As part of any award or settlement, (a) Any claim based upon an act or reasonable attorneys' fees may be alomission of an employee of the Govern- lowed out of, but not in addition to, the ment, exercising due care, in the execu- amount of the award or settlement. tion of a statute or regulation, whether Such fees shall not exceed 20 percent of or not such statute or regulation be the award or settlement. Any attorney valid, or based upon the exercise or per- who receives more than the amount alformance or the failure to exercise or lowed may be liable to a fine of not more perform a discretionary function or duty than $2,000 or imprisonment of not more on the part of a Federal agency or an than 1 year, or both. Attorneys' fees will employee of the Government, whether be fixed only upon the written request or not the discretion involved be abused. of the claimant or his attorney. (b) Any claim arising out of the loss,
§ 31.17 Effective date. miscarriage, or negligent transmission of letters or postal matter.
Subparts A and B shall apply only to (c) Any claim arising out of assault,
claims arising out of acts or omissions battery, false imprisonment, false ar- occurring on or after January 18, 1967. rest, malicious prosecution, abuse of
Subpart C-Act of August 1, 1956 process, libel, slander, misrepresentation, deceit, or interference with contract § 31.18 General. rights.
The act of August 1, 1956 (5 U.S.C. (d) Any claim arising in a foreign country. Such claims may be allowable
170g) authorizes the Secretary of State,
when funds are appropriated therefor, to under the act of August 1, 1956. See Subpart C of this part.
pay tort claims in the manner authorized
in the first paragraph of 28 U.S.C. 2672, § 31.14 Limitations.
as amended, when such claims arise in (a) Claims arising under the Federal foreign countries in connection with DeTort Claims Act must be presented in partment of State operations abroad. writing, within 2 years after accrual. Consequently, the Federal Tort Claims
(b) A suit may not be filed until a Act and Subpart B of this part are apclaim has been finally denied. If the plicable to claims filed under the act of Department fails to make a final disposi- August 1, 1956, except that no provision tion of a claim within 6 months after has been made in that act for the instiit is filed, the claim may, at the option tution of suit if a claim is denied.
$ 31.22 Action by claimant.
The provisions of $ 31.4 shall be applicable to claims for damages cognizable under this subpart, except those provisions relating to personal injury or death. $ 31.23 Payment of claim.
Upon receipt of a claim by the Commissioner, the Commissioner will appoint a board to investigate the facts sur. rounding the claim and to make its report and recommendations to the Commission. The Commissioner will thereupon approve the claim in whole or in part, or disapprove the claim. If the claim is approved in whole or in part, and claimant accepts the settlement tendered by the Commissioner, the claimant will execute a release of his claim in the form prescribed by the Commissioner and will execute a voucher in the sum approved by the Commissioner. The file on the case, including the claim, the findings of the board, the approval of the Commissioner, the release, and the voucher, will thereupon be transmitted by the Commissioner through the Department to the General Accounting Office for settlement.
Subpart D-Act of June 19, 1939 $ 31.19 General.
The act of June 19, 1939 (53 Stat. 841; 22 U.S.C. 277e), provides as follows:
The Secretary of State acting through such officers as he may designate, is further authorized to consider, adjust, and pay from funds appropriated for the project, the construction of which resulted in damages, any claim for damages occurring after March 31, 1937, caused to owners of land or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the American Commissioner, International Boundary Commission, United States and Mexico, if such claim does not exceed $1,000 and has been filed with the American Commissioner within 1 year after the damage is alleged to have occurred, and when in the opinion of the American Commissioner such claim is substantiated by a report of a board appointed by the said Commissioner. This act covers only claims for damages to lands or other private property and not claims for personal injuries. (Decision Comptroller General B-36817, Sept. 28, 1943, unpublished.) To the extent that claims for damages to lands or other private property are based upon negligence, the provisions of this act have been superseded by the Federal Tort Claims Act (26 Comp. Gen. 452, Decision B-61757, Jan. 6, 1947). Hence claims cognizable under the act of June 19, 1939, are limited to claims for damages accruing after March 31, 1937; (a) for damages to lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the Commissioner; (b) where such claims do not exceed $1,000; and (c) which claims are not based upon the negligence of any oficer or employee of the Government acting within the scope of his employment. $ 31.20 Exclusion.
Claims which are cognizable under the Federal Tort Claims Act are not cognizable under the act of June 19, 1939. $ 31.21 Limitations.
The claim will be considered by the Commissioner under this subpart unless filed with him within 1 year after the damage is alleged to have occurred.
PART 32-STOLEN PROPERTY UNDER
TREATY WITH MEXICO Sec. 32.1 Mexican motor vehicles, trailers, air
planes, etc., in the United States. 32.2 American motor vehicles, trailers, air
planes, etc., in Mexico. AUTHORITY: The provisions of this part 32 issued under sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 2658.
SOURCE: The provisions of this part 32 appear at 22 F.R. 10795, Dec. 27, 1957 unless otherwise noted. § 32.1
Mexican motor vehicles, trailers, airplanes, etc., in the United States. Whenever, in accordance with the provisions of article I of the convention' (50 Stat. 1334), the United Mexican States shall request the detention in the United States of America of alleged stolen or embezzled motor vehicles, trailers, airplanes, or the component parts of any of them, the request shall be accompanied by documents legally valid in the
1 Convention of October 6, 1936 between the United States and Mexico for the recovery and return of stolen or embezzled motor vehicles, etc.
United Mexican States. The said documents shall be as follows: (a) the original or a certified copy of the sales or conditional sales contract and where registration of title is required by law the certificate of such registration of title; (b) the original or a certified copy of the official registration card; (c) not more than three affidavits identifying the claimant as the owner of the legal or equitable title, or both, to the property alleged to have been stolen or embezzled; (d) the original or a certified copy of any assignment of the property by the insured to the insurer pursuant to a contract of insurance in force at the time the theft or embezzlement was committed. & 32.2 American motor vehicles, trailers,
airplanes, etc., in Mexico. Whenever, in accordance with the provisions of article II of the convention (50 Stat. 1334), the United States of America
shall request the detention in the United Mexican States of alleged stolen or embezzled motor vehicles, trailers, airplanes, or the component parts of any of them, the request shall be accompanied by documents legally valid in the United States of America. The said documents shall be as follows: (a) the original or a certified copy of the sales or conditional sales contract and where registration of title is required by law the certificate of such registration of title; (b) the original or a certified copy of the official registrątion card; (c) not more than three affidavits identifying the claimant as the owner of the legal or equitable title, or both, to the property alleged to have been stolen or embezzled; (d) the original or a certified copy of any assignment of the property by the insured to the insurer pursuant to a contract of insurance in force at the time the theft or embezzlement was committed.
TEMPORARY VISITORS Temporary visitors for business or pleasure.
TRANSIT ALIENS Transit aliens. Certain aliens in transit to United
Nations. Accredited officials in transit through
the United States.
PART 41-VISAS: DOCUMENTATION
OF NONIMMIGRANTS UNDER THE
ACT, AS AMENDED
NATIONALS, AND FORMER NATIONALS 41.3 Nationals, claimant nationals, and
former nationals of the United
States, PASSPORTS AND VISAS NOT REQUIRED FOR
CERTAIN NONIMMIGRANTS 41.5 Nonimmigrants exempted by law or
CREWMEN Crewmen. Foreign government official crewmen. TREATY TRADERS AND INVESTORS Treaty traders. Treaty investors.
treaty from the requirement of
ing identification cards.
sent passports, visas, or border
crossing identification cards. 41.7 Waiver of visa and/or passport re
quirements by joint action of con
sular and immigration officers. CLASSIFICATION OF NONIMMIGRANTS 41.10 Presumption of immigrant status
and burden of proof. 41.12 Classification symbols. 41.13 More than one person included in
nonimmigrant visa. 41.14 Significance of visa in A, G, or NATO
INTERNATIONAL ORGANIZATION ALIENS 41.50 Aliens coming to international
organizations. TEMPORARY WORKERS AND TRAINEES 41.55 Temporary workers and trainees.