nary 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 assigned 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. 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, a memorandum to that effect will be sent and will be accompanied by an approved voucher which should be signed by an authorized certifying officer and paid. [30 F.R. 1800, Feb. 9, 1965] ADMINISTRATIVE DIVISION DELEGATING CERTAIN AUTHORITY WITH RE- Under and by virtue of the authority vested in men by § 0.84 of Title 28 of the Code of Federal Regulations, I hereby delegate the following-described authority, conferred upon me by § 0.81 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 sections 10 and 18 of the Government Employees Training Act (72 Stat. 332, 335) (and delegated to me by $ 0.81 of Title 28 of the Code of Federal Regulations) with respect to the selection and assignment of employees for training by, in, or through non-Government 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 §§ 42.25 and 42.30 of Title 28 of the Code of Federal Regulations (Order No. 366–66). [31 F.R. 10961, Aug. 18, 1966, as amended by Supp. 1, 33 F.R. 8486, June 8, 1968] ADMINISTRATIVE DIVISION DELEGATING CERTAIN AUTHORITY TO THE Under and by virtue of the authority vested in me by §§ 0.84 and 0.159 of Title 28 of the Code of Federal Regulations, I hereby delegate to the First Assistant, Administrative Division, the authority conferred upon me by the following described sections of that title Section 0.77: (f) Experts, consultants, temporary employment; (g) expenses of witnesses and informants; (i) actual expenses of subsistence; (n) certificates re printing; and (o) 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. [31 F.R. 12082, Sept. 16, 1966] BUREAU OF PRISONS, AS TO DISPOSITION Pursuant to the authority vested in me by $ 0.84 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 § 0.80 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 on 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 United States Treasury as miscellaneous receipts. The authority herein delegated may be redelegated to any officer or employee of the Bureau of Prisons. [32 F.R. 6576, Apr. 28, 1967] ADMINISTRATIVE DIVISION [Memo No. 515] VESTING OF UNCLAIMED PROPERTY Pursuant to the authority vested in me by $ 0.80 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. [32 F.R. 6576, Apr. 28, 1967] ADMINISTRATIVE DIVISION DELEGATION OF AUTHORITY REGARDING PER- Under and by virtue of the authority vested in me by §§ 0.84 and 0.159 of Title 28 of the Code of Federal Regulations, I hereby delegate to the First Assistant, Administrative Division, and the Director of Personnel, the authority conferred upon me by the following described sections of that title: Section 0.77 (f) -Experts, consultants, temporary employment. Section 0.136-Employment, position classification, separation, and general administration of personnel. The authority hereby conferred upon the First Assistant, Administrative Division and the Director of Personnel may be redelegated by them, respectively, to any of their subordinates. [32 F.R. 8523, June 14, 1967] 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 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, insurance companies, railroad police, national banks, member banks of the Federal Reserve System, FDIC-Reserve-Insured 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 missingpersons type cases. (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) Conduct training in police science matters as a cooperative measure for the benefit of duly authorized municipal, county, and State law inforcement agencies; operate the Federal Bureau of Investigation National Academy; and operate a training program and facilities for personnel of the Federal Bureau of Investigation. (f) Operate a central clearinghouse for police statistics under the Uniform Crime Reporting Program. (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 Justice, and other Federal agencies, which may desire to avail themselves of the service. (h) Make recommendations to the Civil Service Commission in connection with applications for retirement under section 6(c) of the Civil Service Retirement Act as amended by the act of July 31, 1956, 70 Stat. 749. (i) Investigate alleged fraudulent conduct in connection with operations of the Federal Housing Administration and other alleged violations of the criminal provisions of the National Housing Act, including section 1010 of title 18 of the United States Code. [Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 308-63, 28 F.R. 13769, Dec. 18, 1963] § 0.86 Seizure of gambling devices. The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors and agents of the Federal Bureau of Investigation are authorized to exercise the power and authority vested in the Attorney General under the act of January 2, 1951, 64 Stat. 1135, as amended, to make seizures of gambling devices. (See also 28 CFR 3.5) [Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 331-65, 30 F.R. 2316, Feb. 20, 1965] § 0.88 Certificates for expenses of unforeseen emergencies. The Director of the Federal Bureau of Investigation is authorized to exercise the power and authority vested in the Attorney General by section 5 of the act of July 28, 1950, 64 Stat. 380 (5 U.S.C. 341c), to make certificates with respect to expenses of unforeseen emergencies of a confidential character: Provided, That each such certificate made by the Director of the Federal Bureau of Investigation shall be approved by the Attorney General. § 0.89 Authority to seize arms and munitions of war. The Director of the Federal Bureau of Investigation is authorized to exercise the authority conferred upon the Attorney General by section 1 of E.O. No. 10863 of February 18, 1960 (25 F.R. 1507), relating to the seizure of arms and munitions of war, and other articles, pursuant to section 1 of Title VI of the act of June 15, 1917, 40 Stat. 223, as amended by section 1 of the act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401). (a) Management and regulation of all Federal penal and correctional institutions (except military or naval institutions), and prison commissaries. (b) Provision of suitable quarters for, and safekeeping, care, and subsistence of, all persons charged with or convicted of offenses against the United States or held as witnesses or otherwise. (c) Provision for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States. (d) Classification, commitment, control, or treatment of persons, including insane prisoners or juvenile delinquents, charged with or convicted of offenses against the United States. (e) Payment of rewards with respect to escaped Federal prisoners (18 U.S.C. 3059). (f) Certification with respect to the insanity or mental incompetence of a prisoner whose sentence is about to expire pursuant to section 4247 of title 18 of the United States Code. (g) Certification with respect to the availability of proper and adequate treatment facilities and personnel pursuant to section 5003 of title 18 of the United States Code. (h) Conduct of studies and the preparation and submission of reports and recommendations to committing courts respecting disposition of cases in which defendants have been committed for such purposes pursuant to section 4208 (b) of title 18 of the United States Code. (i) Conduct of studies and the preparation and submission of reports and recommendations to committing courts respecting disposition of cases in which juvenile delinquents have been committed pursuant to section 5034 of title 18 of the United States Code. (j) Observation, conduct of studies, and preparation of reports in cases in which youth offenders have been committed by the courts for such purposes pursuant to section 5010(e) of title 18 of the United States Code. [Order No. 271-62, 27 F.R. 5170, June 1, 1962, as amended by Order No. 291-62, 27 F.R. 12618, Dec. 20, 1962] |