PART 322-REGULATIONS GOVERNING REPLACEMENT OUT OF THE FUND ESTABLISHED BY THE GOVERNMENT LOSSES IN SHIPMENT АСТ,

AS AMENDED, OF ANY LOSSES RESULTING FROM PAYMENTS MADE IN CONNECTION WITH THE REDEMPTION OF UNITED STATES SAVINGS BONDS [ADDED]

Subpart A-Regulations Prescribed

Sec.
322.1 Application of regulations.

Subpart B-Reports of Losses 322.2 Loss to the United States. 322.3

Erroneous payments reported or discovered by Federal Reserve Banks. 322.4 Report to Treasury of cases involving erroneous payments.

Subpart C-Final Determination of Losses 322.5 Reported erroneous payment, general action by Treasury.

322.6 Restitution by paying agents. Subpart D-Replacement of Losses Out of the Fund

322.7 Replacements and recovery in connection with losses.

Subpart E-Investigation of Losses 322.8 Use of Secret Service Division.

Subpart F-Supplements, Amendments, Etc. 322.9 Supplements, amendments, etc.

AUTHORITY: §§ 322.1 to 322.9, inclusive, issued under R.S. 161, 40 Stat. 291, as amended, 55 Stat. 7; 5 U.S.C. 22, 31 U.S.C., Sup., 757c.

SOURCE: §§ 322.1 to 322.9, inclusive, contained in 1944 Department Circular 751, Secretary of the Treasury, Sept. 5, 1944, 9 F.R. 10849.

Subpart A-Regulations Prescribed

§ 322.1 Application of regulations. Pursuant to the authority of the Second Liberty Bond Act, as amended, the following regulations are hereby pre

scribed for the replacement out of the fund established by the Government Losses in Shipment Act, as amended, of any losses to the United States resulting from payments made in connection with the redemption of United States Savings Bonds, and shall apply to losses resulting from payments made (1) by the Treasurer of the United States, (2) by the Federal Reserve Banks and Branches, as fiscal agents of the United States, and (3) by incorporated banks and trust companies qualified pursuant to Part 321 of this chapter, to pay savings bonds.

Subpart B-Reports of Losses

§ 322.2 Loss to the United States. A loss to the United States may result from an erroneous (or unauthorized) payment in connection with the redemption of savings bonds.

§ 322.3 Erroneous payments reported or discovered by Federal Reserve Banks. If an incorporated bank or trust company, qualified to pay savings bonds, after returns have been made to the Federal Reserve Bank finds an erroneous payment to have been made, immediate report should be made to the Federal Reserve Bank. Any such erroneous payments so reported, and any other erroneous payments found by a Federal Reserve Bank in returns from an incorporated bank or trust company shall, so far as possible, be adjusted between the Federal Reserve Bank and the incorporated bank or trust company concerned.

§ 322.4 Report to Treasury of cases involving erroneous payments. Any such erroneous payments which are not adjusted and any other erroneous payments otherwise found after the account of the Treasurer of the United States has been charged shall immediately be reported to the Treasury Department, Division of Loans and Currency, Merchandise Mart, Chicago 54, Illinois.

Subpart C-Final Determination
of Losses

§ 322.5 Reported erroneous payment, general action by Treasury. Following receipt of the report of an erroneous payment the Treasury Department will appropriately advise the paying agent concerned, unless such action is unnecessary. The Department shall determine whether or not appropriate adjust

ment may be effected with the persons concerned in the erroneous payment and in this connection will expect the cooperation of the paying agent, if necessary.

(a) If it is determined that no loss to the United States will occur the paying agent will be so advised.

(b) If it is determined that a final loss to the United States has occurred, the paying agent will be given every opportunity to present the full facts relating to the payment for consideration of the Secretary of the Treasury. If the Secretary shall determine that the final loss resulted from no fault or negligence on the part of the paying agent, the paying agent shall be relieved from liability to the United States. If, however, the Secretary of the Treasury finds fault or negligence on the part of the paying agent, notice to that effect will be given such paying agent who will make prompt restitution.

§ 322.6 Restitution by paying agents. In no case will the Treasurer of the United States, a Federal Reserve Bank or Branch, or the banking institution which made the erroneous payment be called upon to make restitution unless and until it is determined that a final loss has been incurred as a result of an erroneous payment due to the fault or negligence of such paying agent.

Subpart D-Replacement of Losses Out of the Fund

§ 322.7 Replacement and recovery in connection with losses. When it is established to the satisfaction of the Secre

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§ 404.1 Film recordation of Government securities, checks, and warrants.

(a) Authority is hereby given to all banks which are members of the Federal Reserve System, and to such other banks and financial institutions as may be designated by the Federal Reserve banks in their respective districts, to make film records of United States securities, checks, and warrants, and to project such film records upon a screen: Provided, That the film records are maintained as confidential.

[Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement]

(a) Authority is hereby given to all banks and banking institutions which

in the ordinary course of business handle United States securities, checks, and warrants, to make film records thereof, and to project such film records upon a screen: Provided, That the film records are maintained as confidential. [Paragraph (a) amended Oct. 13, 1944, 9 F.R. 12511]

(b) No prints, enlargements, or other reproductions of such film records shall be made except with the permission of the Secretary of the Treasury, the Treasurer of the United States, the Commissioner of the Public Debt, or the Chief of the Secret Service Division, or such offcers as may be designated by them.

(c) Nothing in this section shall be construed to permit the reproduction of paper money. (35 Stat. 1116, 38 Stat. 265; 18 U.S.C. 264, 12 U.S.C. 391) [Reg., July 4, 1944, 9 F.R. 7512, as amended Oct. 13, 1944, 9 F.R. 12511]

Chapter Chapter Chapter

Chapter

Chapter

Part

5

301

601

Note

903

1300

Note

1601

Note

Note

4001

7001

8000

8101

Note

Note

AUTHORITY: §§ 5.1 to 5.11, inclusive, issued under E.O. 9102; 3 CFR Cum. Supp.

SOURCE: §§ 5.1 to 5.11, inclusive, contained in Regulations, Director, Jan. 1, 1944, 9 F.R. 154.

§ 5.1 Types of leave. Leaves are of the following types:

(a) A short term leave, for not more than sixty days, for attending to affairs requiring the applicant's presence outside the relocation area;

(b) A seasonal work leave, for seasonal employment and residence outside the relocation area; and

(c) An indefinite leave, for indefinite employment, education, or residence outside the relocation area.

§ 5.2 Application for leave. Any person residing within a relocation center who has been evacuated from a military area or who has been specifically accepted by the War Relocation Authority for residence within a relocation center may apply for leave. No such person shall depart from a relocation area before receiving leave.

§ 5.3 Proceedings upon application for leave. (a) Short term leaves, seasonal work leaves, and indefinite leaves may be issued by the project director in accordance with the provisions of this part, as supplemented by instructions issued by the Director from time to time.

(b) Except as may otherwise be determined by the Director, every person eligible to apply for leave who is 17 years of age or older shall file an application for leave clearance before he shall be eligible for leave. After such investigation as may be prescribed by instructions issued by the Director, the project director shall forward the application to the Director with his recommendations.

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The Director will secure from the Federal Bureau of Investigation such information as may be obtainable and will take such additional steps as may be necessary to determine the probable effect of the issuance of indefinite leave to the applicant upon the war program and upon the public peace and security. The Director will thereupon approve or disapprove the application and instruct the project director accordingly. A person whose application for leave clearance is disapproved shall be ineligible to receive indefinite leave and shall be transferred to the Tule Lake Center in northern California. A person resident at the Tule Lake Center whose application for leave clearance is approved shall be transferred to another center.

(c) Indefinite leave may be issued prior to approval of an application for leave clearance only in accordance with instructions issued by the Director from time to time. In the case of each application for indefinite leave, the Director will cause such steps to be taken as may be necessary to satisfy himself concerning the applicant's willingness to make the reports required of him under the provisions of this part, his means of support, the conditions and factors affecting his successful maintenance of residence at the proposed destination, the probable effect of the issuance of the leave upon the war program and upon the public peace and security, and such other conditions and factors as may be relevant. The Director will issue instructions covering the issuance or denial of indefinite leave in each such case. The project director shall issue or deny indefinite leaves pursuant to such instructions.

(d) A leave shall issue to an applicant in accordance with his application in each case, subject to the provisions of this part and under the procedures herein provided, as a matter of right, where the applicant agrees to make the reports required of him under the provisions of this part and to comply with all applicable provisions hereof, where there is no reasonable cause to believe that he will not have employment or other means of support or that he cannot otherwise successfully maintain residence at the proposed destination, and where there is no reasonable cause to believe that the issuance of leave in the particular case will interfere with the war program or otherwise endanger the public peace and security.

(e) Such special conditions may be attached to the leave to be issued in a particular case as may be necessary in the public interest. The special conditions to be so attached shall be governed by instructions issued from time to time. Every leave issued under the provisions of this part shall state the conditions that are applicable thereto.

(f) The project director shall promptly notify the applicant of the approval or disapproval of an application for leave or leave clearance, and of any special conditions attached to the approval of an application for leave, with a statement of the reasons therefor. In the case where the application for leave has been disapproved, or has been approved subject to special conditions, the project director shall advise the applicant of his right to appeal under the provisions of § 5.4.

(g) An applicant shall be required to arrange with the project director, in conformity with the applicable instructions of the Director, to provide for the support of any dependents of the applicant left in a relocation center.

(h) The project director shall promptly notify the Director of the names of any persons who have failed to return to the relocation center upon expiration of leave.

§ 5.4 Appeals; requests for reconsideration. (a) Any applicant whose application for a short term or seasonal work leave has been disapproved or approved with special conditions under § 5.3 may submit to the project director, within ten days following receipt of notice of such action, an appeal requesting the project director to transmit the appeal and all related papers to the Director. The applicant may submit any supplemental written statement he wishes in support of the appeal. Within five days following receipt of such an appeal, the project director shall transmit the appeal and all related papers to the Director, together with any supplemental statement he believes necessary or desirable.

(b) Every person resident at the Tule Lake Center whose application for leave clearance has been disapproved shall upon written request be entitled to reconsideration of his case by the Director. Prior to such reconsideration the request shall be referred to a board of persons designated by the Director who are not employed by the War Relocation