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e-CFR data is current as of September 28, 2020

Title 32 → Subtitle A → Chapter V → Subchapter B → Part 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

Subpart A—THE ARMY CLAIMS SYSTEM

Purpose of the Army Claims System.

Claims authorities.

Command and organizational relationships.

Designation of claims attorneys.

The Judge Advocate General.

The Army claims mission.

Responsibilities of the Commander USARCS.

Responsibilities and operations of command claims services.

Responsibilities and operations of area claims offices.

Responsibilities and operations of claims processing offices.

Chief of Engineers.

Commanding General, U.S. Army Medical Command.

Chief, National Guard Bureau.

Commanders of major Army commands.

Claims policies.

Release of information policies.

Single-service claims responsibility (DODD 5515.8 and DODD 5515.9).

Cross-servicing of claims.

Disaster claims planning.

Claims assistance visits.

Annual claims award.

Subpart B—INVESTIGATION AND PROCESSING OF CLAIMS

Claims investigative responsibility—General.

Identifying claims incidents both for and against the government.

Delegation of investigative responsibility.

Procedures for accepting claims.

Identification of a proper claim.

Identification of a proper claimant.

Claims acknowledgment.

Revision of filed claims.

Action upon receipt of claim.

Opening claim files.

Transfer of claims among armed services branches.

Use of small claims procedures.

Determination of correct statute.

Unique issues related to environmental claims.

Related remedies.

Importance of the claims investigation.

Elements of the investigation.

Use of experts, consultants and appraisers.

Conducting the investigation.

Determination of liability—generally.

Constitutional torts.

Incident to service.

FECA and LSHWCA claims exclusions.

Statutory exceptions.

Other exclusions.

Statute of limitations.

Federal employee requirement.

Scope of employment requirement.

Determination of damages—applicable law.

Collateral source rule.

Subrogation.

Evaluation of claims—general rules and guidelines.

Joint tortfeasors.

Structured settlements.

Negotiations—purpose and extent.

Who should negotiate.

Settlement negotiations with unrepresented claimants.

Settlement or approval authority.

Splitting property damage and personal injury claims.

Advance payments.

Action memorandums.

Settlement agreements.

Final offers.

Denial notice.

The “Parker” denial.

Mailing procedures.

Appeal or reconsideration.

Retention of file.

Preparation and forwarding of payment vouchers.

Fund sources.

Finality of settlement.

Subpart C—CLAIMS COGNIZABLE UNDER THE MILITARY CLAIMS ACT

Statutory authority for the Military Claims Act.

Scope for claims under the Military Claims Act.

Claims payable under the Military Claims Act.

Claims not payable under the Military Claims Act.

Applicable law for claims under the Military Claims Act.

Settlement authority for claims under the Military Claims Act.

Action on appeal under the Military Claims Act.

Payment of costs, settlements, and judgments related to certain medical malpractice claims.

Payment of costs, settlements, and judgments related to certain legal malpractice claims.

Reopening an MCA claim after final action by a settlement authority.

Subpart D—CLAIMS COGNIZABLE UNDER THE FEDERAL TORT CLAIMS ACT

Statutory authority for the Federal Tort Claims Act.

Scope for claims under the Federal Tort Claims Act.

Claims payable under the Federal Tort Claims Act.

Claims not payable under the Federal Tort Claims Act.

Applicable law for claims under the Federal Tort Claims Act.

Settlement authority for claims under the Federal Tort Claims Act.

Reconsideration of Federal Tort Claims Act claims.

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

Statutory authority for the Non-Scope Claims Act.

Scope for claims under the Non-Scope Claims Act.

Claims payable under the Non-Scope Claims Act.

Claims not payable under the Non-Scope Claims Act.

Settlement authority for claims under the Non-Scope Claims Act.

Reconsideration of Non-Scope Claims Act claims.

Subpart F—CLAIMS COGNIZABLE UNDER THE NATIONAL GUARD CLAIMS ACT

Statutory authority for the National Guard Claims Act.

Scope for claims under the National Guard Claims Act.

Claims payable under the National Guard Claims Act.

Claims not payable under the National Guard Claims Act.

Applicable law for claims under the National Guard Claims Act.

Settlement authority for claims under the National Guard Claims Act.

Actions on appeal under the National Guard Claims Act.

Subpart G—CLAIMS COGNIZABLE UNDER INTERNATIONAL AGREEMENTS

Statutory authority for claims cognizable under international claims agreements.

Current agreements in force.

Responsibilities generally/international agreements claims.

Definitions for international agreements claims.

Scope for international agreements claims arising in the United States.

Claims payable under international agreements (for those arising in the United States).

Claims not payable under international agreements (for those arising in the United States).

Notification of incidents arising under international agreements (for claims arising in the United States).

Investigation of claims arising under international agreements (for those claims arising in the United States).

Settlement authority for claims arising under international agreements (for those claims arising in the United States).

Assistance to foreign forces for claims arising under international agreements (as to claims arising in the United States).

Scope for claims arising overseas under international agreements.

Claims procedures for claims arising overseas under international agreements.

Responsibilities as to claims arising overseas under international agreements.

Subpart H—MARITIME CLAIMS

Statutory authority for maritime claims.

Related statutes for maritime claims.

Scope for maritime claims.

Claims payable as maritime claims.

Claims not payable as maritime claims.

Limitation of settlement of maritime claims.

Limitation of liability for maritime claims.

Settlement authority for maritime claims.

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

Statutory authority for Uniform Code of Military Justice (UCMJ) Claims.

Purpose of UCMJ claims.

Proper claimants; unknown accused—under the UCMJ.

Effect of disciplinary action, voluntary restitution, or contributory negligence for claims under the UCMJ.

Claims cognizable as UCMJ claims.

Claims not cognizable as UCMJ claims.

Limitations on assessments arising from UCMJ claims.

Procedure for processing UCMJ claims.

Reconsideration of UCMJ claims.

Additional claims judge advocate and claims attorney responsibilities (for UCMJ claims).

Subpart J—CLAIMS COGNIZABLE UNDER THE FOREIGN CLAIMS ACT

Statutory authority for the Foreign Claims Act.

Scope for claims arising under the Foreign Claims Act.

Claims payable under the Foreign Claims Act.

Claims not payable under the Foreign Claims Act.

Applicable law for claims under the Foreign Claims Act.

Appointment and functions of Foreign Claims Commissions.

Composition of Foreign Claims Commissions.

Qualification of members of Foreign Claims Commissions.

Settlement authority of Foreign Claims Commissions.

Reopening a claim after final action by a Foreign Claims Commission.

Solatia payment.

Subpart K—NONAPPROPRIATED FUND CLAIMS

Claims against nonappropriated fund employees—generally.

Claims by NAFI employees for losses incident to employment.

Claims generated by the acts or omissions of NAFI employees.

Identification of persons whose actions may generate liability.

Claims payable from appropriated funds.

Settlement authority for claims generated by acts or omissions of NAFI employees.

Payment of claims generated by acts or omissions of NAFI employees.

Claims involving tortfeasors other than nonappropriated fund employees: NAFI contractors.

Claims involving tortfeasors other than nonappropriated fund employees: NAFI risk management program (RIMP) claims.

Claims payable involving tortfeasors other than nonappropriated fund employees.

Procedures for claims involving tortfeasors other than nonappropriated fund employees.

Settlement/approval authority for claims involving tortfeasors other than nonappropriated fund employees.

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