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Electronic Code of Federal Regulations

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e-CFR Data is current as of November 25, 2014

Title 32Subtitle AChapter VSubchapter BPart 536


TITLE 32—National Defense

Subtitle A—DEPARTMENT OF DEFENSE (CONTINUED)

CHAPTER V—DEPARTMENT OF THE ARMY

SUBCHAPTER B—CLAIMS AND ACCOUNTS

PART 536—CLAIMS AGAINST THE UNITED STATES

rule

Subpart A—THE ARMY CLAIMS SYSTEM

§536.1
Purpose of the Army Claims System.
§536.2
Claims authorities.
§536.3
Command and organizational relationships.
§536.4
Designation of claims attorneys.
§536.5
The Judge Advocate General.
§536.6
The Army claims mission.
§536.7
Responsibilities of the Commander USARCS.
§536.8
Responsibilities and operations of command claims services.
§536.9
Responsibilities and operations of area claims offices.
§536.10
Responsibilities and operations of claims processing offices.
§536.11
Chief of Engineers.
§536.12
Commanding General, U.S. Army Medical Command.
§536.13
Chief, National Guard Bureau.
§536.14
Commanders of major Army commands.
§536.15
Claims policies.
§536.16
Release of information policies.
§536.17
Single-service claims responsibility (DODD 5515.8 and DODD 5515.9).
§536.18
Cross-servicing of claims.
§536.19
Disaster claims planning.
§536.20
Claims assistance visits.
§536.21
Annual claims award.
rule

Subpart B—INVESTIGATION AND PROCESSING OF CLAIMS

§536.22
Claims investigative responsibility—General.
§536.23
Identifying claims incidents both for and against the government.
§536.24
Delegation of investigative responsibility.
§536.25
Procedures for accepting claims.
§536.26
Identification of a proper claim.
§536.27
Identification of a proper claimant.
§536.28
Claims acknowledgment.
§536.29
Revision of filed claims.
§536.30
Action upon receipt of claim.
§536.31
Opening claim files.
§536.32
Transfer of claims among armed services branches.
§536.33
Use of small claims procedures.
§536.34
Determination of correct statute.
§536.35
Unique issues related to environmental claims.
§536.36
Related remedies.
§536.37
Importance of the claims investigation.
§536.38
Elements of the investigation.
§536.39
Use of experts, consultants and appraisers.
§536.40
Conducting the investigation.
§536.41
Determination of liability—generally.
§536.42
Constitutional torts.
§536.43
Incident to service.
§536.44
FECA and LSHWCA claims exclusions.
§536.45
Statutory exceptions.
§536.46
Other exclusions.
§536.47
Statute of limitations.
§536.48
Federal employee requirement.
§536.49
Scope of employment requirement.
§536.50
Determination of damages—applicable law.
§536.51
Collateral source rule.
§536.52
Subrogation.
§536.53
Evaluation of claims—general rules and guidelines.
§536.54
Joint tortfeasors.
§536.55
Structured settlements.
§536.56
Negotiations—purpose and extent.
§536.57
Who should negotiate.
§536.58
Settlement negotiations with unrepresented claimants.
§536.59
Settlement or approval authority.
§536.60
Splitting property damage and personal injury claims.
§536.61
Advance payments.
§536.62
Action memorandums.
§536.63
Settlement agreements.
§536.64
Final offers.
§536.65
Denial notice.
§536.66
The “Parker” denial.
§536.67
Mailing procedures.
§536.68
Appeal or reconsideration.
§536.69
Retention of file.
§536.70
Preparation and forwarding of payment vouchers.
§536.71
Fund sources.
§536.72
Finality of settlement.
rule

Subpart C—CLAIMS COGNIZABLE UNDER THE MILITARY CLAIMS ACT

§536.73
Statutory authority for the Military Claims Act.
§536.74
Scope for claims under the Military Claims Act.
§536.75
Claims payable under the Military Claims Act.
§536.76
Claims not payable under the Military Claims Act.
§536.77
Applicable law for claims under the Military Claims Act.
§536.78
Settlement authority for claims under the Military Claims Act.
§536.79
Action on appeal under the Military Claims Act.
§536.80
Payment of costs, settlements, and judgments related to certain medical malpractice claims.
§536.81
Payment of costs, settlements, and judgments related to certain legal malpractice claims.
§536.82
Reopening an MCA claim after final action by a settlement authority.
rule

Subpart D—CLAIMS COGNIZABLE UNDER THE FEDERAL TORT CLAIMS ACT

§536.83
Statutory authority for the Federal Tort Claims Act.
§536.84
Scope for claims under the Federal Tort Claims Act.
§536.85
Claims payable under the Federal Tort Claims Act.
§536.86
Claims not payable under the Federal Tort Claims Act.
§536.87
Applicable law for claims under the Federal Tort Claims Act.
§536.88
Settlement authority for claims under the Federal Tort Claims Act.
§536.89
Reconsideration of Federal Tort Claims Act claims.
rule

Subpart E—CLAIMS COGNIZABLE UNDER THE NON-SCOPE CLAIMS ACT

§536.90
Statutory authority for the Non-Scope Claims Act.
§536.91
Scope for claims under the Non-Scope Claims Act.
§536.92
Claims payable under the Non-Scope Claims Act.
§536.93
Claims not payable under the Non-Scope Claims Act.
§536.94
Settlement authority for claims under the Non-Scope Claims Act.
§536.95
Reconsideration of Non-Scope Claims Act claims.
rule

Subpart F—CLAIMS COGNIZABLE UNDER THE NATIONAL GUARD CLAIMS ACT

§536.96
Statutory authority for the National Guard Claims Act.
§536.97
Scope for claims under the National Guard Claims Act.
§536.98
Claims payable under the National Guard Claims Act.
§536.99
Claims not payable under the National Guard Claims Act.
§536.100
Applicable law for claims under the National Guard Claims Act.
§536.101
Settlement authority for claims under the National Guard Claims Act.
§536.102
Actions on appeal under the National Guard Claims Act.
rule

Subpart G—CLAIMS COGNIZABLE UNDER INTERNATIONAL AGREEMENTS

§536.103
Statutory authority for claims cognizable under international claims agreements.
§536.104
Current agreements in force.
§536.105
Responsibilities generally/international agreements claims.
§536.106
Definitions for international agreements claims.
§536.107
Scope for international agreements claims arising in the United States.
§536.108
Claims payable under international agreements (for those arising in the United States).
§536.109
Claims not payable under international agreements (for those arising in the United States).
§536.110
Notification of incidents arising under international agreements (for claims arising in the United States).
§536.111
Investigation of claims arising under international agreements (for those claims arising in the United States).
§536.112
Settlement authority for claims arising under international agreements (for those claims arising in the United States).
§536.113
Assistance to foreign forces for claims arising under international agreements (as to claims arising in the United States).
§536.114
Scope for claims arising overseas under international agreements.
§536.115
Claims procedures for claims arising overseas under international agreements.
§536.116
Responsibilities as to claims arising overseas under international agreements.
rule

Subpart H—MARITIME CLAIMS

§536.117
Statutory authority for maritime claims.
§536.118
Related statutes for maritime claims.
§536.119
Scope for maritime claims.
§536.120
Claims payable as maritime claims.
§536.121
Claims not payable as maritime claims.
§536.122
Limitation of settlement of maritime claims.
§536.123
Limitation of liability for maritime claims.
§536.124
Settlement authority for maritime claims.
rule

Subpart I—CLAIMS COGNIZABLE UNDER ARTICLE 139, UNIFORM CODE OF MILITARY JUSTICE

§536.125
Statutory authority for Uniform Code of Military Justice (UCMJ) Claims.
§536.126
Purpose of UCMJ claims.
§536.127
Proper claimants; unknown accused—under the UCMJ.
§536.128
Effect of disciplinary action, voluntary restitution, or contributory negligence for claims under the UCMJ.
§536.129
Claims cognizable as UCMJ claims.
§536.130
Claims not cognizable as UCMJ claims.
§536.131
Limitations on assessments arising from UCMJ claims.
§536.132
Procedure for processing UCMJ claims.
§536.133
Reconsideration of UCMJ claims.
§536.134
Additional claims judge advocate and claims attorney responsibilities (for UCMJ claims).
rule

Subpart J—CLAIMS COGNIZABLE UNDER THE FOREIGN CLAIMS ACT

§536.135
Statutory authority for the Foreign Claims Act.
§536.136
Scope for claims arising under the Foreign Claims Act.
§536.137
Claims payable under the Foreign Claims Act.
§536.138
Claims not payable under the Foreign Claims Act.
§536.139
Applicable law for claims under the Foreign Claims Act.
§536.140
Appointment and functions of Foreign Claims Commissions.
§536.141
Composition of Foreign Claims Commissions.
§536.142
Qualification of members of Foreign Claims Commissions.
§536.143
Settlement authority of Foreign Claims Commissions.
§536.144
Reopening a claim after final action by a Foreign Claims Commission.
§536.145
Solatia payment.
rule

Subpart K—NONAPPROPRIATED FUND CLAIMS

§536.146
Claims against nonappropriated fund employees—generally.
§536.147
Claims by NAFI employees for losses incident to employment.
§536.148
Claims generated by the acts or omissions of NAFI employees.
§536.149
Identification of persons whose actions may generate liability.
§536.150
Claims payable from appropriated funds.
§536.151
Settlement authority for claims generated by acts or omissions of NAFI employees.
§536.152
Payment of claims generated by acts or omissions of NAFI employees.
§536.153
Claims involving tortfeasors other than nonappropriated fund employees: NAFI contractors.
§536.154
Claims involving tortfeasors other than nonappropriated fund employees: NAFI risk management program (RIMP) claims.
§536.155
Claims payable involving tortfeasors other than nonappropriated fund employees.
§536.156
Procedures for claims involving tortfeasors other than nonappropriated fund employees.
§536.157
Settlement/approval authority for claims involving tortfeasors other than nonappropriated fund employees.


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