# 71 FR 46260: Claims Against the United States > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_06-6789 ## Section - **Citation:** 71 FR 46260 - **Heading:** Claims Against the United States - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 71 / 71 FR 46260 ## Text Part II Department of Defense ----------------------------------------------------------------------- Department of the Army ----------------------------------------------------------------------- 32 CFR Part 536 Claims Against the United States; Proposed Rule Proposed Rules ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army 32 CFR Part 536 RIN 0702-AA54 [Docket No. USA-2006-0022] Claims Against the United States AGENCY: Department of the Army, DOD. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The Department of the Army proposes to amend its regulations to reflect a substantial revision of AR 27-20, an Army publication which governs the processing of claims worldwide. The purpose of this revision is to make AR 27-20 clearer and easier to use, after years of piecemeal amendments. This rewrite also ensures that AR 27-20 is in keeping with current statutes, legal opinions and Department of Justice guidance pertaining to claims processing. This updated rule will expedite payment of meritorious claims throughout the world. DATES: Comments submitted on or before October 10, 2006 will be considered. ADDRESSES: You may submit comments, identified by ``32 CFR part 536, Docket No. USA-2006-0022 and or RIN 0702-AA54'' in the subject line, by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301-1160. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this Federal Register document any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301-1160. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: George Westerbeke (301) 677-7009, x220. SUPPLEMENTARY INFORMATION: A. Background This rule was previously published. The Administrative Procedure Act, as amended by the Freedom of Information Act requires that certain policies and procedures and other information concerning the Department of the Army be published in the Federal Register. The policies and procedures covered by this regulation fall into that category. AR 27-20 and its companion DA Pam 27-162 will be available on the Web site of the U.S. Army Publications Directorate, http://www.apd.army.mil, within a few months of the date of this Federal Register publication of 32 CFR part 536. Users are encouraged to consult the online versions, whose structure and paragraph numbering are comparable. B. Regulatory Flexibility Act The Department of the Army has determined that the Regulatory Flexibility Act does not apply because the proposed rule does not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612. C. Unfunded Mandates Reform Act ose structure and paragraph numbering are comparable. B. Regulatory Flexibility Act The Department of the Army has determined that the Regulatory Flexibility Act does not apply because the proposed rule does not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612. C. Unfunded Mandates Reform Act The Department of the Army has determined that the Unfunded Mandates Reform Act does not apply because the proposed rule does not include a mandate that may result in estimated costs to State, local or tribal governments in the aggregate, or the private sector, of $100 million or more. D. National Environmental Policy Act The Department of the Army has determined that the National Environmental Policy Act does not apply because the proposed rule does not have an adverse impact on the environment. E. Paperwork Reduction Act The Department of the Army has determined that the Paperwork Reduction Act does not apply because the proposed rule does not involve collection of information from the public. F. Executive Order 12630 (Government Actions and Interference With Constitutionally Protected Property Rights) The Department of the Army has determined that Executive Order 12630 does not apply because the proposed rule does not impair private property rights. G. Executive Order 12866 (Regulatory Planning and Review) The Department of the Army has determined that according to the criteria defined in Executive Order 12866 this proposed rule is not a significant regulatory action. As such, the proposed rule is not subject to Office of Management and Budget review under section 6(a)(3) of the Executive Order. H. Executive Order 13045 (Protection of Children From Environmental Health Risk and Safety Risks) The Department of the Army has determined that according to the criteria defined in Executive Order 13045 this proposed rule does not apply. I. Executive Order 13132 (Federalism) oposed rule is not subject to Office of Management and Budget review under section 6(a)(3) of the Executive Order. H. Executive Order 13045 (Protection of Children From Environmental Health Risk and Safety Risks) The Department of the Army has determined that according to the criteria defined in Executive Order 13045 this proposed rule does not apply. I. Executive Order 13132 (Federalism) The Department of the Army has determined that according to the criteria defined in Executive Order 13132 this proposed rule does not apply because it will not have a substantial effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Col. Dale Woodling, Commander, United States Army Claims Service. List of Subjects in 32 CFR Part 536 Claims, Government employees, Military personnel. For reasons stated in the preamble the Department of the Army proposes to revise 32 CFR part 536 to read as follows: PART 536--CLAIMS AGAINST THE UNITED STATES Subpart A--The Army Claims System Sec. 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. 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. 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 . 536.51 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. 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. 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 deral 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. 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. 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. 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) aims. 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. 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. 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 oper 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). 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. 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 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. Authority: 10 U.S.C. 2733; 10 U.S.C. 1089; 10 U.S.C. 1054; 28 U.S.C. 1291, 2401-2402, 2411-2412, 2671-2680; 10 U.S.C. 2737; 32 U.S.C. 715; 10 U.S.C. 2734a, 2734b; 10 U.S.C. 2734;10 U.S.C. 4801, 4802, 4806; 46 U.S.C. app. 740; 39 U.S.C. 411; 10 U.S.C. 939; 10 U.S.C. 2736; 10 U.S.C. 2735; 10 U.S.C. 2731. PART 536--CLAIMS AGAINST THE UNITED STATES Subpart A--The Army Claims System Sec. 536.1 Purpose of the Army Claims System. This part sets forth policies and procedures that govern the investigating, processing, and settling of claims against, and in favor of, the United States under the authority conferred by statutes, regulations, international and interagency agreements, and Department of Defense Directives (DODDs). It is intended to ensure that claims are investigated properly and adjudicated according to applicable law, and valid recoveries and affirmative claims are pursued against carriers, third-party insurers, and tortfeasors. Sec. 536.2 Claims authorities. nder the authority conferred by statutes, regulations, international and interagency agreements, and Department of Defense Directives (DODDs). It is intended to ensure that claims are investigated properly and adjudicated according to applicable law, and valid recoveries and affirmative claims are pursued against carriers, third-party insurers, and tortfeasors. Sec. 536.2 Claims authorities. (a) General. Claims cognizable under the following list of statutes and authorities are processed and settled under DA Pam 27-162 and this part. All of these materials may be viewed on the USARCS Web site, https://www.jagcnet.army.mil/85256F33005C2B92/(JAGCNETDocID)/ HOME?OPENDOCUMENT. Select the link ``Claims Resources.'' (1) Tort Claims. (i) The Military Claims Act (MCA), 10 United States Code (U.S.C.) 2733 (see Subpart C of this part). The ``incident- to-service'' provision, applicable to both military and civilian personnel of the Department of Defense, is contained in the MCA. (ii) The Gonzales Act, 10 U.S.C. 1089. This act permits individual suits against health care providers for certain torts (see Sec. 536.80). (iii) Certain suits arising out of legal malpractice, 10 U.S.C. 1054, discussed at Sec. 536.81 and at DA Pam 27-162, paragraph 2-62f. (iv) The Federal Tort Claims Act (FTCA), 28 U.S.C. 1291, 1402, 2401-2402, 2411-2412, and 2671-2680 (see Subpart D of this part). The Westfall Act, 28 U.S.C. 2679, an integral part of the FTCA, provides absolute immunity from individual suit for common law torts for employees of the United States acting within the scope of their employment. (A) The legislative history of the FTCA. (B) Regulations of the Attorney General implementing the Federal Tort Claims Act, 28 CFR part 14. (C) An Appendix to 28 CFR part 14 sets forth certain delegations of settlement authority to the Secretary of Veterans Affairs, the Postmaster General, the Secretary of Defense, the Secretary of Transportation, and the Secretary of Health and Human Services. ) The legislative history of the FTCA. (B) Regulations of the Attorney General implementing the Federal Tort Claims Act, 28 CFR part 14. (C) An Appendix to 28 CFR part 14 sets forth certain delegations of settlement authority to the Secretary of Veterans Affairs, the Postmaster General, the Secretary of Defense, the Secretary of Transportation, and the Secretary of Health and Human Services. (v) The Non-Scope Claims Act (NSCA), 10 U.S.C. 2737 (see Subpart E of this part). (vi) The National Guard Claims Act (NGCA), 32 U.S.C. 715 (see Subpart F of this part). (vii) Claims under International Agreements or the Foreign Claims Act. (A) International Agreements Claims Act (IACA), 10 U.S.C. 2734a and 2734b. (B) Foreign Claims Act (FCA), 10 U.S.C. 2734 (see Subpart J of this part). (viii) The Army Maritime Claims Settlement Act (AMCSA), 10 U.S.C. 4801, 4802 and 4806. Affirmative claims under the AMCSA are processed under 10 U.S.C. 4803 and 4804 (see Sec. 537.16 of this chapter). (ix) Admiralty Extension Act (AEA), 46 U.S.C. app. 740 (see Subpart H of this part). (x) Claims against nonappropriated fund (NAF) activities and the risk management program (RIMP) (see Subpart K of this part), processed under Army Regulation (AR) 215-1 and AR 608-10. (xi) Claims by the U.S. Postal Service for losses or shortages in postal accounts caused by unbonded Army personnel (39 U.S.C. 411 and Department of Defense (DOD) Manual 4525.6-M). (2) Personnel Claims (subpart I of this part and AR 27-20, chapter 11). (i) The Personnel Claims Act (PCA), 31 U.S.C. 3721 (see AR 27-20, chapter 11). (ii) Redress of injuries to personal property, Uniform Code of Military Justice (UCMJ), Article 139, 10 U.S.C. 939 (see Subpart I of this part). (3) Affirmative Claims (32 CFR part 537). 411 and Department of Defense (DOD) Manual 4525.6-M). (2) Personnel Claims (subpart I of this part and AR 27-20, chapter 11). (i) The Personnel Claims Act (PCA), 31 U.S.C. 3721 (see AR 27-20, chapter 11). (ii) Redress of injuries to personal property, Uniform Code of Military Justice (UCMJ), Article 139, 10 U.S.C. 939 (see Subpart I of this part). (3) Affirmative Claims (32 CFR part 537). (i) The Federal Claims Collection Act (FCCA), 31 U.S.C. 3711-3720E. (ii) The Federal Medical Care Recovery Act (FMCRA), 42 U.S.C. 2651- 2653. (iii) Collection from third-party payers of reasonable costs of healthcare services, 10 U.S.C. 1095 . (b) Fund source authority for claims under Title 10 statutes. 10 U.S.C. 2736, advance payments for certain property claims (see Sec. 536.71). (c) Fund source authority for tort claims paid by Financial Management Service (FMS). 31 U.S.C. 1304, provides authority for judgments, awards and compromise settlements. (d) Additional authorities under Title 10. (1) 10 U.S.C. 2735, establishes that settlements (or ``actions'') under the Title 10 claims processing statutes are final and conclusive. (2) 10 U.S.C. 2731, provides a definition of the word ``settle.'' (e) Related remedies statutes. The Army frequently receives claims or inquiries that are not cognizable under the statutory and other authorities administered by the U.S. Army under this publication and DA Pam 27-162. Every effort should be made to refer the claim or inquiry to the proper authority following the guidance in Sec. 536.34 or Sec. 536.36. (See also the corresponding paragraphs 2-15 and 2-17, respectively, in DA Pam 27-162). Some authorities for related remedies are used more frequently than others. Where an authority for a related remedy is frequently used, it is listed below and is posted on the USARCS Web site (for the address see Sec. 536.2(a)). to the proper authority following the guidance in Sec. 536.34 or Sec. 536.36. (See also the corresponding paragraphs 2-15 and 2-17, respectively, in DA Pam 27-162). Some authorities for related remedies are used more frequently than others. Where an authority for a related remedy is frequently used, it is listed below and is posted on the USARCS Web site (for the address see Sec. 536.2(a)). (1) Tucker Act, 28 U.S.C. 1346, provides exclusive jurisdiction in the Court of Federal Claims over causes of actions alleging property loss caused by a Fifth Amendment ``taking.'' (2) Maritime authority statutes, Public Vessels Act (PVA), 46 U.S.C. app. 781-790, Suits in Admiralty Act (SIAA), 46 U.S.C. app. 741- 752, and the Rivers and Harbors Act, 33 U.S.C. 408 and 412. (3) Federal Employees Compensation Act (FECA), two excerpts: 5 U.S.C. 8116 and 8140, providing guidance on personal injury and death claims by civilian employees arising within the scope of their employment (see DA Pam 27-162, paragraph 2-15b) and information on certain claims by Reserve Officers Training Corps (ROTC) cadets, respectively, (see DA Pam 27-162, paragraph 2-17d(2)). (4) Longshore and Harbor Workers Compensation Act (LHWCA), 33 U.S.C. 901-950. (5) Claims for consequential property damage by civilian employees may only be considered in the Court of Federal Claims pursuant to 28 U.S.C. 1491. (f) Additional materials. There are some additional authoritative materials for the processing of claims, mostly of an administrative nature. For a complete listing of all of the supplementary materials relevant to claims processing under this publication and DA Pam 27-162 see Appendix B of DA Pam 27-162. (g) Conflict of authorities. Where a conflict exists between a general provision of this publication and a specific provision found in one of this publication's subparts implementing a specific statute, the specific provision, as set forth in the statute, will control. Sec. 536.3 Command and organizational relationships. der this publication and DA Pam 27-162 see Appendix B of DA Pam 27-162. (g) Conflict of authorities. Where a conflict exists between a general provision of this publication and a specific provision found in one of this publication's subparts implementing a specific statute, the specific provision, as set forth in the statute, will control. Sec. 536.3 Command and organizational relationships. (a) The Secretary of the Army. The Secretary of the Army (SA) heads the Army Claims System and acts on certain claims appeals directly or through a designee. (b) The Judge Advocate General. The SA has delegated authority to The Judge Advocate General (TJAG) to assign areas of responsibility and designate functional responsibility for claims purposes. TJAG has delegated authority to the Commander USARCS to carry out the responsibilities assigned in Sec. 536.7 and as otherwise lawfully delegable. (c) U.S. Army Claims Service. USARCS, a command and component of the Office of TJAG, is the agency through which the SA and TJAG discharge their responsibilities for the administrative settlement of claims worldwide (see AR 10-72). USARCS' mailing address is: U.S. Army Claims Service, 4411 Llewellyn Ave., Fort George G. Meade, MD 20755- 5360, Commercial: (301) 677-7009. (d) Command claims services. (1) Command claims services exercise general supervisory authority over claims matters arising within their assigned areas of operation. Command claims services will: inistrative settlement of claims worldwide (see AR 10-72). USARCS' mailing address is: U.S. Army Claims Service, 4411 Llewellyn Ave., Fort George G. Meade, MD 20755- 5360, Commercial: (301) 677-7009. (d) Command claims services. (1) Command claims services exercise general supervisory authority over claims matters arising within their assigned areas of operation. Command claims services will: (i) Effectively control and supervise the investigation of potentially compensable events (PCEs) occurring within the command's geographic area of responsibility, in other areas for which the command is assigned claims responsibility, and during the course of the command's operations. (ii) Provide services for the processing and settlement of claims for and against the United States. (2) The Commander USARCS may delegate authority to establish a command claims service to the commander of a major overseas command or other commands that include areas outside the United States, its territories and possessions. (i) When a large deployment occurs, the Commander USARCS may designate a command claims service for a limited time or purpose, such as for the duration of an operation and for the time necessary to accomplish the mission. The appropriate major Army command (MACOM) will assist the Commander USARCS in obtaining resources and personnel for the mission. (ii) In coordination with the Commander USARCS, the MACOM will designate the area of responsibility for each new command claims service. (3) A command claims service may be a separate organization with a designated commander or chief. If it is part of the command's Office of the Staff Judge Advocate (SJA), the SJA will also be the chief of the command claims service, however, the SJA may designate a field grade officer as chief of the service. COM will designate the area of responsibility for each new command claims service. (3) A command claims service may be a separate organization with a designated commander or chief. If it is part of the command's Office of the Staff Judge Advocate (SJA), the SJA will also be the chief of the command claims service, however, the SJA may designate a field grade officer as chief of the service. (e) Area claims offices. The following may be designated as area claims offices (ACOs): (1) An office under the supervision of the senior judge advocate (JA) of each command or organization so designated by the Commander USARCS. The senior JA is the head of the ACO. (2) An office under supervision of the senior JA of each command in the area of responsibility of a command claims service so designated by the chief of that service after coordination with the Commander USARCS. The senior JA is the head of the ACO. (3) The office of counsel of each U.S. Army Corps of Engineers (COE) district within the United States and such other COE commands or agencies as designated by the Commander USARCS, with concurrence of the Chief Counsel, Office of the Chief of Engineers, for all claims generated within such districts, commands or agencies. The district counsel or the attorney in charge of the command's or agency's legal office is the head of the ACO. (f) Claims processing offices. Claims processing offices (CPOs) are normally small legal offices or ACO subordinate elements, designated by the Commander USARCS, a command claims service or an ACO. These offices are established for the investigation of all actual and potential claims arising within their jurisdiction, on either an area, command or agency basis. There are four types of claims processing offices (see Sec. 536.10): (1) Claims processing offices without approval authority. (2) Claims processing offices with approval authority. (3) Medical claims processing offices. (4) Special claims processing offices. r the investigation of all actual and potential claims arising within their jurisdiction, on either an area, command or agency basis. There are four types of claims processing offices (see Sec. 536.10): (1) Claims processing offices without approval authority. (2) Claims processing offices with approval authority. (3) Medical claims processing offices. (4) Special claims processing offices. (g) Limitations on delegation of authority under any subpart. (1) The Commander USARCS, commanders or chiefs of command claims services, or the heads of ACOs or CPOs with approval authority may delegate, in writing, all or any portion of their monetary approval authority to subordinate JAs or claims attorneys in their services or offices. (2) The authority to act upon appeals or requests for reconsideration, to deny claims (including disapprovals based on substantial fraud), to grant waivers of maximum amounts allowable, or to make final offers will not be delegated except that the Commander USARCS may delegate this authority to USARCS Division Chiefs. (3) CPOs will provide copies of all delegations affecting them to the ACO and, if so directed, to command claims services. Sec. 536.4 Designation of claims attorneys. (a) Who may designate. The Commander USARCS, the senior JA of a command having a command claims service, the chief of a command claims service, the head of an ACO, or the Chief Counsel of a COE District, may designate a qualified attorney other than a JA as a claims attorney. The head of an ACO may designate a claims attorney to act as a CPO with approval authority. ion of claims attorneys. (a) Who may designate. The Commander USARCS, the senior JA of a command having a command claims service, the chief of a command claims service, the head of an ACO, or the Chief Counsel of a COE District, may designate a qualified attorney other than a JA as a claims attorney. The head of an ACO may designate a claims attorney to act as a CPO with approval authority. (b) Eligibility. To qualify as a claims attorney, an individual must be a civilian employee of the Department of the Army (DA) or DOD, a member of the bar of a state, the District of Columbia, or a jurisdiction where U.S. federal law applies, serving in the grade of GS-11 or above, and performing primary duties as a legal adviser. Sec. 536.5 The Judge Advocate General. TJAG has worldwide Army Staff responsibility for administrative settlement of claims by and against the U.S. government, generated by employees of the U.S. Army and DOD components other than the Departments of the Navy and Air Force. Where the Army has single- service responsibility, TJAG has responsibility for the Army. See DODD 5515.9. Certain claims responsibilities of TJAG are exercised by The Assistant Judge Advocate General (TAJAG) as set forth in this part and directed by TJAG. Sec. 536.6 The Army claims mission. (a) Promptly investigate potential claims incidents with a view to determining the degree of the Army's exposure to liability, the damage potential, and when the third party is at fault, whether the Army should take action to collect for medical expenses, lost wages and property damage. (b) Efficiently and expeditiously dispose of claims against the U.S. by fairly settling meritorious claims at the lowest level within the claims system commensurate with monetary jurisdiction delegated, or by denying non-meritorious claims. ge potential, and when the third party is at fault, whether the Army should take action to collect for medical expenses, lost wages and property damage. (b) Efficiently and expeditiously dispose of claims against the U.S. by fairly settling meritorious claims at the lowest level within the claims system commensurate with monetary jurisdiction delegated, or by denying non-meritorious claims. (c) Develop a system that has a high level of proficiency, so that litigation and appeals can be avoided or kept to a minimum. Sec. 536.7 Responsibilities of the Commander USARCS. The Commander USARCS shall: (a) Supervise and inspect claims activities worldwide. (b) Formulate and implement claims policies and uniform standards for claims office operations. (c) Investigate, process and settle claims beyond field office monetary authority and consider appeals and requests for reconsideration on claims denied by the field offices. (d) Supervise the investigation, processing, and settlement of claims against, and in favor of, the United States under the statutes and regulations listed in Sec. 536.2 and pursuant to other appropriate statutes, regulations, and authorizations. (e) Designate ACOs, CPOs, and claims attorneys within DA and DOD components other than the Departments of the Navy and Air Force, subject to concurrence of the commander concerned. (f) Designate continental United States (CONUS) geographic areas of claims responsibility. (g) Recommend action to be taken by the SA, TJAG or the U.S. Attorney General, as appropriate, on claims in excess of $25,000 or the threshold amount then current under the FTCA, on claims in excess of $100,000 or the threshold amount then current under the FCA, the MCA, the NGCA, AMCSA, FCCA and FMRCA and on other claims that have been appealed. Direct communication with Department of Justice (DOJ) and the SA's designee is authorized. JAG or the U.S. Attorney General, as appropriate, on claims in excess of $25,000 or the threshold amount then current under the FTCA, on claims in excess of $100,000 or the threshold amount then current under the FCA, the MCA, the NGCA, AMCSA, FCCA and FMRCA and on other claims that have been appealed. Direct communication with Department of Justice (DOJ) and the SA's designee is authorized. (h) Operate the ``receiving State office'' for claims arising in the United States, its territories, commonwealths and possessions cognizable under Article VIII of the North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA), Partnership for Peace (PFP) SOFA, Article XVI of the Singapore SOFA, and other SOFAs which have reciprocal claims provisions as delegated by TJAG, as implemented by 10 U.S.C. 2734a and 2734b (Subpart G of this part). (i) Settle claims of the U.S. Postal Service for reimbursement under 39 U.S.C. 411 (see DOD Manual 4525.6-M). (j) Settle claims against carriers, warehouse firms, insurers, and other third parties for loss of, or damage to, personal property of DA or DOD soldiers or civilians incurred while the goods are in storage or in transit at government expense (AR 27-20, chapter 11). (k) Formulate and recommend legislation for Congressional enactment of new statutes and the amendment of existing statutes considered essential for the orderly and expeditious administrative settlement of noncontractual claims. (l) Perform post-settlement review of claims. (m) Prepare, justify, and defend estimates of budgetary requirements and administer the Army claims budget. (n) Maintain permanent records of claims for which TJAG is responsible. (o) Assist in developing disaster and maneuver claims plans designed to implement the responsibilities set forth in Sec. 536.9(a)(12). ment of noncontractual claims. (l) Perform post-settlement review of claims. (m) Prepare, justify, and defend estimates of budgetary requirements and administer the Army claims budget. (n) Maintain permanent records of claims for which TJAG is responsible. (o) Assist in developing disaster and maneuver claims plans designed to implement the responsibilities set forth in Sec. 536.9(a)(12). (p) Develop and maintain plans for a disaster or civil disturbance in those geographic areas that are not under the jurisdiction of an area claims authority and in which the Army has single-service responsibility or in which the Army is likely to be the predominant Armed Force. (q) Take initial action, as appropriate, on claims arising in emergency situations. (r) Provide assistance as available or take appropriate action to ensure that command claims services and ACOs are carrying out their responsibilities as set forth in Sec. Sec. 536.8 and 536.9, including claims assistance visits. (s) Serve as proponent for the database management systems for torts, personnel and affirmative claims and provide standard automated claims data management programs for worldwide use. (t) Ensure proper training of claims personnel. (u) Coordinate claims activities with the Air Force, Navy, Marine Corps, and other DOD agencies to ensure a consistent and efficient joint service claims program. (v) Investigate, process and settle, and supervise the field office investigation and processing of, medical malpractice claims arising in Army medical centers within the United States; provide medical claims judge advocates (MCJAs), medical claims attorneys, and medical claims investigators assigned to such medical centers with technical guidance and direction on such claims. (w) Coordinate support with the U.S. Army Medical Command (MEDCOM) on matters relating to medical malpractice claims. (x) Issue an accounting classification to all properly designated claims settlement and approval authorities. e advocates (MCJAs), medical claims attorneys, and medical claims investigators assigned to such medical centers with technical guidance and direction on such claims. (w) Coordinate support with the U.S. Army Medical Command (MEDCOM) on matters relating to medical malpractice claims. (x) Issue an accounting classification to all properly designated claims settlement and approval authorities. (y) Perform the investigation, processing, and settlement of claims arising in areas outside command claims service areas of operation. (z) Maintain continuous worldwide deployment and operational capability to furnish claims advice to any legal office or command throughout the world. When authorized by the chain of command or competent authority, issue such claims advice or services, including establishing a claims system within a foreign country, interpreting claims aspects of international agreements, and processing claims arising from Army involvement in civil disturbances, chemical accidents under the Chemical Energy Stockpile Program, other man-made or natural disasters, and other claims designated by competent authority. (aa) Upon receiving both the appropriate authority's directive or order and full fiscal authorization, disburse the funds necessary to administer civilian evacuation, relocation, and similar initial response efforts in response to a chemical disaster arising at an Army facility. (bb) Respond to all inquiries from the President, members of Congress, military officials, and the general public on claims within USARCS' responsibility. (cc) Serve as the proponent for this publication and DA Pam 27-162, both funds necessary to administer civilian evacuation, relocation, and similar initial response efforts in response to a chemical disaster arising at an Army facility. (bb) Respond to all inquiries from the President, members of Congress, military officials, and the general public on claims within USARCS' responsibility. (cc) Serve as the proponent for this publication and DA Pam 27-162, both of which set forth guidance on personnel, tort, disaster and affirmative claims, as well as claims management and administration. (dd) Provide supervision for the Army's affirmative claims and carrier recovery programs, as well as other methods for recovering legal debts. (ee) Provide support for the overseas environmental claims program as designated by the DA. (ff) Execute other claims missions as designated by DOD, DA, TJAG and other competent authority. (gg) Appoint Foreign Claims Commissions outside Command Claims Services' geographic areas of responsibility. (hh) Budget for and fund claims investigations and activities; such as per diem and transportation of claims personnel, claimants and witnesses; independent medical examinations; appraisals; independent expert opinions; long distance telephone calls; recording and photographic equipment; use of express mail or couriers; and other necessary expenses. Sec. 536.8 Responsibilities and operations of command claims services. (a) Chiefs of command claims services. Chiefs of command claims services shall: (1) Exercise claims settlement authority as specified in this part, including appellate authority where so delegated. (2) Supervise the investigation, processing, and settlement of claims against, and in favor of the United States under the statutes and regulations listed in Sec. 536.2, and pursuant to other appropriate statutes, regulations, and authorizations. mmand claims services shall: (1) Exercise claims settlement authority as specified in this part, including appellate authority where so delegated. (2) Supervise the investigation, processing, and settlement of claims against, and in favor of the United States under the statutes and regulations listed in Sec. 536.2, and pursuant to other appropriate statutes, regulations, and authorizations. (3) Designate and grant claims settlement authority to ACOs. A grant of such authority will not be effective until coordinated with the Commander USARCS, and assigned an office code. However, the chief of a command claims service may redesignate a CPO that already has an assigned office code as an ACO without coordination with the Commander USARCS. The Commander USARCS, will be informed of such a designation. (4) Designate and grant claims approval authority to CPOs. Only CPOs staffed with a claims judge advocate (CJA) or claims attorney may be granted approval authority. A grant of such authority will not be effective until coordinated with the Commander USARCS, and assigned an office code. (5) Train claims personnel and monitor their operations and ongoing claims administration. Conduct a training course annually. (6) Implement pertinent claims policies. (7) Prepare and publish command claims directives. (8) Administer the command claims expenditure allowance, providing necessary data, estimates, and reports to USARCS on a regular basis. (9) Perform the responsibilities of an ACO (see Sec. 536.9), as applicable, ensure that SOFA claims are investigated properly and timely filed with the receiving State and adequately funded. (10) Serve as the United States ``sending State office,'' if so designated, when operating in an area covered by a SOFA. (11) Supervise and provide technical assistance to subordinate ACOs within the command claims service's geographic area of responsibility. (12) Appoint FCCs. ensure that SOFA claims are investigated properly and timely filed with the receiving State and adequately funded. (10) Serve as the United States ``sending State office,'' if so designated, when operating in an area covered by a SOFA. (11) Supervise and provide technical assistance to subordinate ACOs within the command claims service's geographic area of responsibility. (12) Appoint FCCs. (b) Operations of Command Claims Services. The SJA of the command shall supervise the command claims service. The command SJA may designate a field grade JA as the chief of the service. An adequate number of qualified claims personnel shall be assigned to ensure that claims are promptly investigated and acted upon. With the concurrence of the Commander USARCS, a command claims service may designate ACOs within its area of operations to carry out claims responsibilities within specified geographic areas subject to agreement by the commander concerned. Sec. 536.9 Responsibilities and operations of area claims offices. (a) Heads of ACOs. Heads of ACOs, including COE offices (see Sec. 536.3(e)(3)) shall: (1) Ensure that claims and potential claims incidents in their area of responsibility are promptly investigated in accordance with this part. (2) Ensure that each organization or activity (for example, U.S. Army Reserve (USAR) or Army National Guard of the United States (ARNGUS) unit, ROTC detachment, recruiting company or station, or DOD agency) within the area appoints a claims officer to investigate claims incidents not requiring investigation by a JA (see Sec. 536.23) and ensure that this officer is adequately trained. (3) Supervise the investigation, processing, and settlement of claims against, and in favor of, the United States under the statutes and regulations listed in Sec. 536.2 and pursuant to other appropriate statutes, regulations, and authorizations. s officer to investigate claims incidents not requiring investigation by a JA (see Sec. 536.23) and ensure that this officer is adequately trained. (3) Supervise the investigation, processing, and settlement of claims against, and in favor of, the United States under the statutes and regulations listed in Sec. 536.2 and pursuant to other appropriate statutes, regulations, and authorizations. (4) Act as a claims settlement authority on claims that fall within the appropriate monetary jurisdictions set forth in this part and forward claims exceeding such jurisdictions to the Commander USARCS, or to the chief of a command claims service, as appropriate, for action. (5) Designate CPOs and request that the Commander USARCS, or the chief of a command claims service, as appropriate, grant claims approval authority to a CPO for claims that fall within the jurisdiction of that office. (6) Supervise the operations of CPOs within their area. (7) Implement claims policies and guidance furnished by the Commander USARCS. (8) Ensure that there are adequate numbers of qualified and adequately trained CJAs or claims attorneys, RCJAs or attorneys, recovery claims clerks, claims examiners, claims adjudicators and claims clerks in all claims offices within their areas to act promptly on claims. (9) Budget for and fund claims investigations and activities, such as: Per diem and transportation of claims personnel, claimants and witnesses; independent medical examinations; appraisals and independent expert opinions; long distance telephone calls; recording and photographic equipment; use of express mail or couriers; and other necessary expenses. (10) Within the United States and its territories, commonwealths and possessions, procure and disseminate, within their areas of jurisdiction, appropriate legal publications on state or territorial law and precedent relating to tort claims. ent expert opinions; long distance telephone calls; recording and photographic equipment; use of express mail or couriers; and other necessary expenses. (10) Within the United States and its territories, commonwealths and possessions, procure and disseminate, within their areas of jurisdiction, appropriate legal publications on state or territorial law and precedent relating to tort claims. (11) Notify the Commander USARCS, of all claims and potentially compensable events (PCEs) as required by Sec. 536.22(c); notify the chief of a command claims service of all claims and PCEs. (12) Develop and maintain written plans for a disaster or civil disturbance. These plans may be internal SJA office plans or an annex to an installation or an agency disaster response plan. (13) Implement the Army's Article 139 claims program. (See Subpart I of this part). (14) Notify USARCS of possible deployments and ensure adequate FCCs are appointed by USARCS and are trained. (b) Operations of Area Claims Offices. (1) The ACO is the principal office for the investigation and adjudication or settlement of claims, and shall be staffed with qualified legal personnel under the supervision of the SJA, command JA, or COE district or command legal counsel. (2) In addition to the utilization of unit claims officers required by Sec. 536.10(a), if indicated, the full-time responsibility for investigating and processing claims arising within or related to the activities of a unit or organization located within a section of the designated area may be delegated to another command, unit, or activity by establishing a CPO at the command, unit, or activity (see Sec. 536.10(b)(4)). Normally, all CPOs will operate under the supervision of the ACO in whose area the CPO is located. Where a proposed CPO is not under the command of the ACO parent organization, this designation may be achieved by a support agreement or memorandum of understanding between the affected commands. unit, or activity by establishing a CPO at the command, unit, or activity (see Sec. 536.10(b)(4)). Normally, all CPOs will operate under the supervision of the ACO in whose area the CPO is located. Where a proposed CPO is not under the command of the ACO parent organization, this designation may be achieved by a support agreement or memorandum of understanding between the affected commands. (3) Normally, claims that cannot be settled by a COE ACO will be forwarded directly to the Commander USARCS, with notice of referral to the Chief Counsel, COE. However, as part of his or her responsibility for litigating suits that involve civil works and military construction activities, the Chief Counsel, COE, may require that a COE ACO forward claims through COE channels, provided that such requirement does not preclude the Commander USARCS from taking final action within the time limitations set forth in subparts D and H of this part. Sec. 536.10 Responsibilities and operations of claims processing offices. (a) Heads of CPOs. Heads of CPOs will: (1) Investigate all potential and actual claims arising within their assigned jurisdiction, on either an area, command, or agency basis. Only a CPO that has approval authority may adjudicate and pay presented claims within its monetary jurisdiction. (2) Ensure that units and organizations within their jurisdiction have appointed claims officers for the investigation of claims not requiring a JA's investigation. (See Sec. 536.22). (3) Budget for and fund claims investigations and activities; including, per diem and transportation of claims personnel, claimants and witnesses; independent medical examinations; appraisals; independent expert opinions; long distance telephone calls; recording and photographic equipment; use of express mail or couriers; and other necessary expenses. (4) Within CONUS, procure and maintain legal publications on local law relating to tort claims pertaining to their jurisdiction. ansportation of claims personnel, claimants and witnesses; independent medical examinations; appraisals; independent expert opinions; long distance telephone calls; recording and photographic equipment; use of express mail or couriers; and other necessary expenses. (4) Within CONUS, procure and maintain legal publications on local law relating to tort claims pertaining to their jurisdiction. (5) Notify the Commander USARCS of all claims and claims incidents, as required by Sec. 536.22 and AR 27-20, paragraph 2-12. (6) Implement the Army's Article 139 claims program (see Subpart I of this part). (b) Operations of claims processing offices. (1) Claims processing office with approval authority. A CPO that has been granted approval authority must provide for the investigation of all potential and actual claims arising within its assigned jurisdiction, on an area, command, or agency basis, and for the adjudication and payment of all claims presented within its monetary jurisdiction. If the estimated value of a claim, after investigation, exceeds the CPO's payment authority, or if disapproval is the appropriate action, the claim file will be forwarded to the ACO unless otherwise specified in this part, or forwarded to USARCS or the command claims service, if directed by such service. (2) Claims processing offices without approval authority. A CPO that has not been granted claims approval authority will provide for the investigation of all potential and actual claims arising within its assigned jurisdiction on an area, command, or agency basis. Once the investigation has been completed, the claim file will be forwarded to the appropriate ACO for action. Alternatively, an ACO may direct the transfer of a claim investigation from a CPO without approval authority to another CPO with approval authority, located within the ACO's jurisdiction. nd actual claims arising within its assigned jurisdiction on an area, command, or agency basis. Once the investigation has been completed, the claim file will be forwarded to the appropriate ACO for action. Alternatively, an ACO may direct the transfer of a claim investigation from a CPO without approval authority to another CPO with approval authority, located within the ACO's jurisdiction. (3) Medical claims processing offices. The MCJAs or medical claims attorneys at Army medical centers, other than Walter Reed Army Medical Center, may be designated by the SJA or head of the ACO for the installation on which the center is located as CPOs with approval authority for medical malpractice claims only. Claims for amounts exceeding a medical CPO's approval authority will be investigated and forwarded to the Commander USARCS. (4) Special claims processing offices. (i) Designation and authority. The Commander USARCS, the chief of a command claims service, or the head of an ACO may designate special CPOs within his or her command for specific, short-term purposes (for example, maneuvers, civil disturbances and emergencies). These special CPOs may be delegated the approval authority necessary to effect the purpose of their creation, but in no case will this delegation exceed the maximum monetary approval authority set forth in other subparts of this part for regular CPOs. All claims will be processed under the claims expenditure allowance and claims command and office code of the authority that established the office or under a code assigned by USARCS. The existence of any special CPO must be reported to the Commander USARCS, and the chief of a command claims service, as appropriate. pproval authority set forth in other subparts of this part for regular CPOs. All claims will be processed under the claims expenditure allowance and claims command and office code of the authority that established the office or under a code assigned by USARCS. The existence of any special CPO must be reported to the Commander USARCS, and the chief of a command claims service, as appropriate. (ii) Maneuver damage and claims office jurisdiction. A special CPO is the proper organization to process and approve maneuver damage claims, except when a foreign government is responsible for adjudication pursuant to an international agreement (see Subpart G of this part). Personnel from the maneuvering command should be used to investigate claims and, at the ACO's discretion, may be assigned to the special CPO. The ACO will process claims filed after the maneuver terminates. The special CPO will investigate claims arising while units are traveling to or from the maneuver within the jurisdiction of other ACOs, and forward such claims for action to the ACO in whose area the claims arose. Claims for damage to real or personal property arising on private land that the Army has used under a permit may be paid from funds specifically budgeted by the maneuver for such purposes in accordance with AR 405-15. (iii) Disaster claims and civil disturbance. A special CPO provided for a disaster or civil disturbance should include a claims approving authority with adequate investigatory, administrative, and logistical support, including damage assessment and finance and accounting support. It will not be dispatched prior to notification of the Commander USARCS, whose concurrence must be obtained before the first claim is paid. (5) Supervisory requirements. The CPOs discussed in paragraphs l disturbance should include a claims approving authority with adequate investigatory, administrative, and logistical support, including damage assessment and finance and accounting support. It will not be dispatched prior to notification of the Commander USARCS, whose concurrence must be obtained before the first claim is paid. (5) Supervisory requirements. The CPOs discussed in paragraphs (b)(2) through (b)(4) of this section must be supervised by an assigned CJA or claims attorney in order to exercise delegated approval authority. Sec. 536.11 Chief of Engineers. The Chief of Engineers, through the Chief Counsel, shall: (a) Provide general supervision of the claims activities of COE ACOs. (b) Ensure that each COE ACO has a claims attorney designated in accordance with Sec. 536.4. (c) Ensure that claims personnel are adequately trained, and monitor their ongoing claims administration. (d) Implement pertinent claims policies. (e) Provide for sufficient funding in accordance with existing Army regulations and command directives for temporary duty (TDY), long distance telephone calls, recording equipment, cameras, and other expenses for investigating and processing claims. (f) Procure and maintain adequate legal publications on local law relating to claims arising within the United States, its territories, commonwealths and possessions. (g) Assist USARCS in evaluation of claims by furnishing qualified expert and technical advice from COE resources, on a non-reimbursable basis except for temporary duty (TDY) and specialized lab services expenses. Sec. 536.12 Commanding General, U.S. Army Medical Command. cations on local law relating to claims arising within the United States, its territories, commonwealths and possessions. (g) Assist USARCS in evaluation of claims by furnishing qualified expert and technical advice from COE resources, on a non-reimbursable basis except for temporary duty (TDY) and specialized lab services expenses. Sec. 536.12 Commanding General, U.S. Army Medical Command. (a) After consulting with the Commander USARCS on the selection of medical claims attorneys, the Commander of the U.S. Army MEDCOM, the European Medical Command, or other regional medical command, through his or her SJA/Center Judge Advocate, shall ensure that an adequate number of qualified MCJAs or medical claims attorneys and medical claims investigators are assigned to investigate and process medical malpractice claims arising at Army medical centers under the Commander's control. In accordance with an agreement between TJAG and The Surgeon General, such personnel shall be used primarily to investigate and process medical malpractice claims and affirmative claims and will be provided with the necessary funding and research materials to carry out this function. (b) Upon request of a claims judge advocate or claims officer, shall provide a qualified health care provider at a medical treatment facility (MTF) to examine a claimant for his injuries even if the claimant is not otherwise entitled to care at an MTF (See AR 40-400, Patient Administration, paragraph 3-47). Sec. 536.13 Chief, National Guard Bureau. The Chief, National Guard Bureau (NGB), shall: (a) Ensure the designation of a point of contact for claims matters in each State Adjutant General's office. (b) Provide the name, address, and telephone number of these points of contact to the Commander USARCS. erwise entitled to care at an MTF (See AR 40-400, Patient Administration, paragraph 3-47). Sec. 536.13 Chief, National Guard Bureau. The Chief, National Guard Bureau (NGB), shall: (a) Ensure the designation of a point of contact for claims matters in each State Adjutant General's office. (b) Provide the name, address, and telephone number of these points of contact to the Commander USARCS. (c) Designate claims officers to investigate claims generated by ARNG personnel and forward investigations to the Active Army ACO that has jurisdiction over the area in which the claims incident occurred. Sec. 536.14 Commanders of major Army commands. Commanders of MACOMs, through their SJAs, shall: (a) Assist USARCS in monitoring ACOs and CPOs under their respective commands for compliance with the responsibilities assigned in Sec. Sec. 536.9 and 536.10. (b) Assist claims personnel in obtaining qualified expert and technical advice from command units and organizations on a nonreimbursable basis (although the requesting office may be required to provide TDY funding). (c) Assist TJAG, through the Commander USARCS, in implementing the functions set forth in Sec. 536.7. (d) Coordinate with the ACO within whose jurisdiction a maneuver is scheduled, to ensure the prompt investigation and settlement of any claims arising from it. Sec. 536.15 Claims policies. (a) General. The following policies will be adhered to in processing and adjudicating claims falling within this regulation. The Commander USARCS is authorized to publish new policies or rescind existing policies from time to time as the need arises. iction a maneuver is scheduled, to ensure the prompt investigation and settlement of any claims arising from it. Sec. 536.15 Claims policies. (a) General. The following policies will be adhered to in processing and adjudicating claims falling within this regulation. The Commander USARCS is authorized to publish new policies or rescind existing policies from time to time as the need arises. (1) Notification. The Commander USARCS must be notified as soon as possible of both potential and actual claims which are serious incidents that cannot be settled within the monetary jurisdiction of a Command Claims Service or an ACO, including those which occur in the area of responsibility of a CPO. On such claims, the USARCS Area Action Officer (AAO) must coordinate with the field office as to all aspects of the investigation, evaluation and determination of liability. An offer of settlement or the assertion of an affirmative claim must be the result of a discussion between the AAO and the field office. Payment of a subrogated claim may commit the United States to liability as to larger claims. On the other hand, where all claims out of an incident can be paid within field authority they should be paid promptly with maximum use of small claims procedures. (2) Consideration under all subparts. Prior to denial, a claim will be considered under all subparts of this part, regardless of the form on which the claim is presented. A claim presented as a personnel claim will be considered as a tort prior to denial. A claim presented as a tort will first be considered as a personnel claim, and if not payable, then considered as a tort. If deniable, the claim will be denied both as a personnel claim and as a tort. will be considered under all subparts of this part, regardless of the form on which the claim is presented. A claim presented as a personnel claim will be considered as a tort prior to denial. A claim presented as a tort will first be considered as a personnel claim, and if not payable, then considered as a tort. If deniable, the claim will be denied both as a personnel claim and as a tort. (3) Compromise. DA policy seeks to compromise claims in a manner that represents a fair and equitable result to both the claimant and the United States. This policy does not extend to frivolous claims or claims lacking factual or legal merit. A claim should not be settled solely to avoid further processing time and expense. All claims, regardless of amount, should be evaluated. Congress imposed no minimum limit on payable claims nor did it intend that small non-meritous claims be paid. Practically any claim, regardless of amount, may be subject to compromise through direct negotiation. A CJA or claims attorney should develop expertise in assessing liability and damages, including small property damage claims. For example, a property damage claim may be compromised by deducting the cost of collection, i.e., attorney fees and costs, even where liability is certain. (4) Expeditious processing at the lowest level. Claims investigation and adjudication should be accomplished at the lowest possible level, such as the CPO or ACO that has monetary authority over the estimated total value of all claims arising from the incident. The expeditious investigation and settlement of claims is essential to successfully fulfilling the Army's responsibilities under the claims statutes implemented by this part. evel. Claims investigation and adjudication should be accomplished at the lowest possible level, such as the CPO or ACO that has monetary authority over the estimated total value of all claims arising from the incident. The expeditious investigation and settlement of claims is essential to successfully fulfilling the Army's responsibilities under the claims statutes implemented by this part. (5) Notice to claimants of technical errors in claim. When technical errors are found in a claim's filing or contents, claimants should be advised of such errors and the need to correct the claim. If the errors concern a jurisdictional matter, a record should be maintained and the claimant should be immediately warned that the error must be corrected before the statute of limitations (SOL) expires. (b) Cooperative investigative environment. Any person who indicates a desire to file a claim against the United States cognizable under one of the subparts of this part will be instructed concerning the procedure to follow. The claimant will be furnished claim forms and, when necessary, assisted in completing claim forms, and may be assisted in assembling evidence. Claims personnel may not assist any claimant in determining what amount to claim. During claims investigation, every effort should be made to create a cooperative environment that engenders the free exchange of information and evidence. The goal of obtaining sufficient information to make an objective and fair analysis should be paramount. Personal contact with claimants or their representatives is essential both during investigation and before adjudication. When settlement is not feasible, issues in dispute should be clearly identified to facilitate resolution of any reconsideration, appeal or litigation. ion and evidence. The goal of obtaining sufficient information to make an objective and fair analysis should be paramount. Personal contact with claimants or their representatives is essential both during investigation and before adjudication. When settlement is not feasible, issues in dispute should be clearly identified to facilitate resolution of any reconsideration, appeal or litigation. (c) Claims directives and plans. (1) Directives. Two copies of command claims directives will be furnished to the Commander USARCS. ACO directives will be distributed to all DA and DOD commands, installations and activities within the ACO's area of responsibility, with an information copy to the Commander USARCS. (2) Disaster and civil preparedness plan. One copy of all ACOs' disaster or civil disturbance plans or annexes will be furnished to the Commander USARCS. (d) Interpretations. The Commander USARCS will publish written interpretations of this part. Interpretations will have the same force and effect as this part. (e) Authority to grant exceptions to and deviations from this part. If, in particular instances, it is considered to be in the best interests of the government, the Commander USARCS may authorize deviations from this part's specific requirements, except as to matters based on statutes, treaties and international agreements, executive orders, controlling directives of the Attorney General or Comptroller General, or other publications that have the force and effect of law. (f) Guidance. The Commander USARCS, may publish bulletins, manuals, handbooks and notes, and a DA Pamphlet that provides guidance to claims authorities on administrative and procedural rules implementing this part. These will be binding on all Army claims personnel. (g) Communication. All claims personnel are authorized to communicate directly with USARCS personnel for guidance on matters of policy or on matters relating to the implementation of this part. , handbooks and notes, and a DA Pamphlet that provides guidance to claims authorities on administrative and procedural rules implementing this part. These will be binding on all Army claims personnel. (g) Communication. All claims personnel are authorized to communicate directly with USARCS personnel for guidance on matters of policy or on matters relating to the implementation of this part. (h) Private relief bills. The issue of a private relief bill is one between a claimant and his or her Congressional representative. There is no established procedure under which the DA sponsors private relief legislation. Claims personnel shall remain neutral in all private relief matters and shall not make any statement that purports to reflect the DA's position on a private relief bill. Sec. 536.16 Release of information policies. (a) Conflict of interest. Except as part of their official duties, government personnel are forbidden from advising or representing claimants or from receiving any payment or gratuity for services rendered. They may not accept any share or interest in a claim or assist in its presentation, under penalty of federal criminal law (18 U.S.C. 203 and 205). (b) Release of information. (1) Relevant statutes pertinent to the release of information include the Privacy Act of 1974, 5 U.S.C. 552a and 552b, the Freedom of Information Act (FOIA), 5 U.S.C. 552 and the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. 1320d through 1320d-8. (2) It is the policy of USARCS that unclassified attorney work product may be released with or without a request from the claimant or attorney, whenever such release may help settle the claim or avoid unnecessary litigation. 552a and 552b, the Freedom of Information Act (FOIA), 5 U.S.C. 552 and the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. 1320d through 1320d-8. (2) It is the policy of USARCS that unclassified attorney work product may be released with or without a request from the claimant or attorney, whenever such release may help settle the claim or avoid unnecessary litigation. (3) A statutory exemption or privilege may not be waived. Similarly, documents subject to such statutorily required nondisclosure, exemption, or privilege may not be released. Regarding other exemptions and privileges, authorities may waive such exemptions or privileges and direct release of the protected documents, upon balancing all pertinent factors, including finding that release of protected records will not harm the government's interest, will promote settlement of a claim and will avoid unnecessary litigation, or for other good cause. (4) All requests for records and information made pursuant to the FOIA, 5 U.S.C. 552, the Privacy Act of 1974, 5 U.S.C. 552a, or HIPAA, 42 U.S.C. 1320d, will be processed in accordance with the procedures set forth in AR 25-55 and AR 340-21, respectively as well as 45 CFR parts 160 and 164, DODD 6025.18-R, this part, and DA Pam 27-162. (i) Any request for DOD records that either explicitly or implicitly cites the FOIA shall be processed under the provisions of AR 25-55. Requests for DOD records submitted by a claimant or claimant's attorney will be processed under both the FOIA and under the Privacy Act when the request is made by the subject of the records requested and those records are maintained in a system of records. Such requests will be processed under the FOIA time limits and the Privacy Act fee provisions. Withheld information must be exempt from disclosure under both Acts. bmitted by a claimant or claimant's attorney will be processed under both the FOIA and under the Privacy Act when the request is made by the subject of the records requested and those records are maintained in a system of records. Such requests will be processed under the FOIA time limits and the Privacy Act fee provisions. Withheld information must be exempt from disclosure under both Acts. (ii) Requests that cite both Acts or neither Act are processed under both Acts, using the FOIA time limits and the Privacy Act fee provisions. For further guidance, see AR 25-55, paragraphs 1-301 and 1- 503. (5) The following records may not be disclosed: (i) Medical quality assurance records exempt from disclosure pursuant to 10 U.S.C. 1102(a). (ii) Records exempt from disclosure pursuant to appropriate balancing tests under FOIA exemption (6) (clearly unwarranted invasion of personal privacy), exemption (7)(c) (reasonably constitutes unwarranted invasion of privacy), and law enforcement records (5 U.S.C. 552 (b)) unless requested by the subject of the record. (iii) Records protected by the Privacy Act. (iv) Records exempt from disclosure pursuant to FOIA exemption (1) (National security) (5 U.S.C. 552(b)), unless such records have been properly declassified. (v) Records exempt from disclosure pursuant to the attorney-client privilege under FOIA exemption (5) (5 U.S.C. 552(b)), unless the client consents to the disclosure. (6) Records within a category for which withholding of the record is discretionary (AR 25-55, paragraph 3-101), such as exemptions under the deliberative process or attorney work product privileges (exemption (5) (5 U.S.C. 552(b)) may be released when there is no foreseeable harm to government interests in the judgment of the releasing authority. unless the client consents to the disclosure. (6) Records within a category for which withholding of the record is discretionary (AR 25-55, paragraph 3-101), such as exemptions under the deliberative process or attorney work product privileges (exemption (5) (5 U.S.C. 552(b)) may be released when there is no foreseeable harm to government interests in the judgment of the releasing authority. (7) When it is determined that exempt information should not be released, or a question as to its releaseability exists, forward the request and two copies of the responsive documents to the Commander USARCS. The Commander USARCS, acting on behalf of TJAG (the initial denial authority), may deny release of records processed under the FOIA only. The Commander USARCS, will forward to TJAG all such requests processed under both the FOIA and PA. TJAG is the denial authority for Privacy Act requests (AR 340-21, paragraph 1-7i). (c) Claims assistance. In the vicinity of a field exercise, maneuver or disaster, claims personnel may disseminate information on the right to present claims, procedures to be followed, and the names and location of claims officers and the COE repair teams. When the government of a foreign country in which U.S. Armed Forces are stationed has assumed responsibility for the settlement of certain claims against the United States, officials of that country will be furnished as much pertinent information and evidence as security considerations permit. Sec. 536.17 Single-service claims responsibility (DODD 5515.8 and DODD 5515.9). (a) Assignment for DOD claims. The Army is responsible for processing DOD claims pursuant to DODD 5515.9 (posted on the USARCS Web site; for the address see Sec. 536.2(a)). he United States, officials of that country will be furnished as much pertinent information and evidence as security considerations permit. Sec. 536.17 Single-service claims responsibility (DODD 5515.8 and DODD 5515.9). (a) Assignment for DOD claims. The Army is responsible for processing DOD claims pursuant to DODD 5515.9 (posted on the USARCS Web site; for the address see Sec. 536.2(a)). (b) Statutes and agreements. DOD has assigned single-service responsibility for the settlement of certain claims in certain countries, pursuant to DODD 5515.8 (posted on the USARCS Web site; for the address see Sec. 536.2(a)) under the following statutes and agreements: (1) FCA (10 U.S.C. 2734); (2) MCA (10 U.S.C. 2733); (3) Status of Forces Agreements (10 U.S.C. 2734a and 2734b); (4) NATO SOFA (4 U.S.T. 1792, Treaties and International Acts Series (T.I.A.S.) 2846) and other similar agreements; (5) FCCA (31 U.S.C. 3711-3720E) and FMCRCA (42 U.S.C. 2651-2653); (6) Claims not cognizable under any other provision of law, 10 U.S.C. 2737; and (7) Advance payments, 10 U.S.C. 2736. (c) Specified foreign countries. Responsibility for the settlement of claims cognizable under the laws listed above has been assigned to military departments pursuant to DODD 5515.8, as supplemented by executive agreement and other competent directives. (d) When claims responsibility has not been assigned. When necessary to implement contingency plans, the unified or specified commander with authority over the geographic area in question may, on an interim basis before receiving confirmation and approval from the General Counsel, DOD, assign single-service responsibility for processing claims in countries where such assignment has not already been made. Note to Sec. 536.17: See also Sec. 536.32 for information on transferring claims among armed services branches. Sec. 536.18 Cross-servicing of claims. phic area in question may, on an interim basis before receiving confirmation and approval from the General Counsel, DOD, assign single-service responsibility for processing claims in countries where such assignment has not already been made. Note to Sec. 536.17: See also Sec. 536.32 for information on transferring claims among armed services branches. Sec. 536.18 Cross-servicing of claims. (a) Where claims responsibility has not been assigned. Claims cognizable under the FCA or the MCA that are generated by another military department within a foreign country for which single-service claims responsibility has not been assigned, may be settled by the Army upon request of the military department concerned. Conversely, Army claims may in appropriate cases be referred to another military department for settlement, DODD 5515.8, E1.2 (posted on the USARCS Web site; for the address see Sec. 536.2(a)). Tables listing claims offices worldwide are posted to the USARCS Web site at that address. U.S. Air Force claims offices may be identified by visiting the Web site at http://afmove.hq.af.mil/page_afclaims.asp. (b) Claims generated by the Coast Guard. Claims resulting from the activities of, or generated by, Coast Guardsmen or civilian employees of the Coast Guard while it is operating as a service of the U.S. Department of Homeland Security may upon request be settled under this part by a foreign claims commission appointed as authorized herein, but they will be paid from Coast Guard appropriations, 10 U.S.C. 2734. (c) SOFA claims within the United States. Claims cognizable under the NATO PFP or Singaporean SOFAs arising out of the activities of aircraft within the United States may be investigated and adjudicated by the U.S. Air Force under a delegation from the Commander USARCS. Claims exceeding the delegated amount will be adjudicated by the USARCS. d from Coast Guard appropriations, 10 U.S.C. 2734. (c) SOFA claims within the United States. Claims cognizable under the NATO PFP or Singaporean SOFAs arising out of the activities of aircraft within the United States may be investigated and adjudicated by the U.S. Air Force under a delegation from the Commander USARCS. Claims exceeding the delegated amount will be adjudicated by the USARCS. (d) Claims generated by the American Battle Monuments Commission. Claims arising out of the activities of or in cemeteries outside the United States managed by the American Battle Monuments Commission (36 U.S.C. 2110) will be investigated and adjudicated by the U.S. Army. Note to Sec. 536.18: See also Sec. 536.32 for information on transferring claims among armed services branches. Sec. 536.19 Disaster claims planning. All ACOs will prepare a disaster claims plan and furnish a copy to USARCS. See DA Pam 27-162, paragraph 1-21 for specific requirements related to disaster claims planning. Sec. 536.20 Claims assistance visits. Members of USARCS and command claims services will make claims assistance visits to field offices on a periodic basis. See DA Pam 27- 162, paragraph 1-22 for specific requirements related to claims assistance visits. Sec. 536.21 Annual claims award. The Commander USARCS will make an annual claims award to outstanding field offices. See DA Pam 27-162, para 1-23 for more information on annual claims awards. Subpart B--Investigation and Processing of Claims Sec. 536.22 Claims investigative responsibility--general. (a) Scope. This subpart addresses the investigation, processing, evaluation, and settlement of tort and tort-related claims for and against the United States. The provisions of this subpart do not apply to personnel claims (AR 27-20, chapter 11), or to claims under subpart G of this part, Sec. Sec. 536.113 through 536.116. of Claims Sec. 536.22 Claims investigative responsibility--general. (a) Scope. This subpart addresses the investigation, processing, evaluation, and settlement of tort and tort-related claims for and against the United States. The provisions of this subpart do not apply to personnel claims (AR 27-20, chapter 11), or to claims under subpart G of this part, Sec. Sec. 536.113 through 536.116. (b) Cooperation. Claims investigation requires team effort between the U.S. Army Claims Service (USARCS), command claims services, and area claims offices (ACOs) including U.S. Army Corps of Engineers (COE) District Offices, claims processing offices (CPOs), and unit claims officers. Essential to this effort is the immediate investigation of claims incidents. Prompt investigation depends on the timely reporting of claims incidents as well as continuous communication between all commands or echelons bearing claims responsibility. (c) Notification to USARCS. A CPO or an ACO receiving notice of a potentially compensable event (PCE) that requires investigation will immediately refer it to the appropriate claims office. The Commander USARCS will be notified of all major incidents involving serious injury or death or those in which property damage exceeds $50,000. A command claims service may delegate to an ACO the responsibility for advising USARCS of serious incidents and complying with mirror file requirements. A copy of the written delegation and any changes made thereafter will be forwarded to the Commander USARCS. r USARCS will be notified of all major incidents involving serious injury or death or those in which property damage exceeds $50,000. A command claims service may delegate to an ACO the responsibility for advising USARCS of serious incidents and complying with mirror file requirements. A copy of the written delegation and any changes made thereafter will be forwarded to the Commander USARCS. (d) Geographic concept of responsibility. A command claims service or an ACO in whose geographic area a claims incident occurs is primarily responsible for initiating investigation and processing of any claim filed in the absence of a formal transfer of responsibility (see Sec. Sec. 536.30 through 536.36). DOD and Army organizations whose personnel are involved in the incident will cooperate with and assist the ACO, regardless of where the former may be located. Note to Sec. 536.22: See the parallel discussion at DA Pam 27- 162, paragraph 2-1. Sec. 536.23 Identifying claims incidents both for and against the government. (a) Investigation is required when: (1) There is property loss or damage. (i) Property other than that belonging to the government is damaged, lost, or destroyed by an act or omission of a government employee or a member of North Atlantic Treaty Association (NATO), Australian or Singaporean forces stationed or on temporary duty within the United States. (ii) Property belonging to the government is damaged or lost by a tortious act or omission not covered by the report of survey system or by a carrier's bill of lading. (2) There is personal injury or death. ct or omission of a government employee or a member of North Atlantic Treaty Association (NATO), Australian or Singaporean forces stationed or on temporary duty within the United States. (ii) Property belonging to the government is damaged or lost by a tortious act or omission not covered by the report of survey system or by a carrier's bill of lading. (2) There is personal injury or death. (i) A civilian other than an employee of the U.S. government is injured or killed by an act or omission of a government employee or by a member of a NATO, Australian or Singaporean force stationed or on temporary duty within the United States. (This category includes patients injured during treatment by a health care provider). (ii) Service members, active or retired, family members of either, or U.S. employees, are injured or killed by a third party and receive medical care at government expense. (3) A claim is filed. (4) A competent authority or another armed service or federal agency requires investigation. (b) Determining who is a government employee is a matter of federal, not local, law. Categories of government employees usually accepted as tortfeasors under federal law are: (1) Military personnel (soldiers of the Army, or members of other services where the Army exercises single-service jurisdiction on foreign soil; and soldiers or employees within the United States who are members of NATO or of other foreign military forces with whom the United States has a reciprocal claims agreement and whose sending States have certified that they were acting within the scope of their duty) who are serving on full-time active duty in a pay status, including soldiers: ises single-service jurisdiction on foreign soil; and soldiers or employees within the United States who are members of NATO or of other foreign military forces with whom the United States has a reciprocal claims agreement and whose sending States have certified that they were acting within the scope of their duty) who are serving on full-time active duty in a pay status, including soldiers: (i) Assigned to units performing active or inactive duty. (ii) Serving on active duty as Reserve Officer Training Corps (ROTC) instructors. (iii) Serving as Army National Guard (ARNG) instructors or advisors. (iv) On duty or training with other federal agencies, for example: The National Aeronautics and Space Administration, the Department of State, the Navy, the Air Force, or DOD (federal agencies other than the armed service to which the Soldier is attached may also provide a remedy). (v) Assigned as students or ordered into training at a non-federal civilian educational institution, hospital, factory, or other facility (excluding soldiers on excess leave or those for whom the training institution or organization has assumed liability by written agreement). (vi) Serving on full-time duty at nonappropriated fund (NAF) activities. (vii) Of the United States Army Reserve (USAR) and ARNG on active duty under Title 10, U.S.C. (2) Military personnel who are United States Army Reserve soldiers including ROTC cadets who are Army Reserve soldiers while at annual training, during periods of active duty and inactive duty training. (3) Military personnel who are soldiers of the ARNG while engaged in training or duty under 32 U.S.C. 316, 502, 503, 504, 505, or engaged in properly authorized community action projects under the Federal Tort Claims Act (FTCA), the Non-Scope Claims Act (NSCA), or the National Guard Claims Act (NGCA), unless performing duties in furtherance of a mission for a state, commonwealth, territory or possession. personnel who are soldiers of the ARNG while engaged in training or duty under 32 U.S.C. 316, 502, 503, 504, 505, or engaged in properly authorized community action projects under the Federal Tort Claims Act (FTCA), the Non-Scope Claims Act (NSCA), or the National Guard Claims Act (NGCA), unless performing duties in furtherance of a mission for a state, commonwealth, territory or possession. (4) Civilian officials and employees of both the DOD and DA (there is no practical significance to the distinction between the terms ``official'' and ``employee''), including but not limited to the following: (i) Civil service and other full-time employees of both the DOD and DA who are paid from appropriated funds. (ii) Persons providing direct health care services pursuant to personal service contracts under 10 U.S.C. 1089 or 1091 or where another person exercised control over the health care provider's day- to-day practice. When the conduct of a health care provider performing services under a personal service contract is implicated in a claim, the CJA, Medical Claims Judge Advocate (MCJA), or claims attorney should consult with USARCS to determine if that health care provider can be considered an employee for purposes of coverage. (iii) Employees of a NAF instrumentality (NAFI) if it is an instrumentality of the United States and thus a federal agency. To determine whether a NAFI is a ``federal agency,'' consider both whether it is an integral part of the Army charged with an essential DA operational function and also what degree of control and supervision DA personnel exercise over it. Members or users, unlike employees of NAFIs, are not considered government employees; the same is true of family child care providers hus a federal agency. To determine whether a NAFI is a ``federal agency,'' consider both whether it is an integral part of the Army charged with an essential DA operational function and also what degree of control and supervision DA personnel exercise over it. Members or users, unlike employees of NAFIs, are not considered government employees; the same is true of family child care providers. However, claims arising out of the use of some NAFI property or from the acts or omissions of family child care providers may be payable from such funds under subpart K of this part as a matter of policy, even when the user is not acting within the scope of employment and the claim is not otherwise cognizable under any of the other authorities described in this part. (5) Prisoners of war and interned enemy aliens. (6) Civilian employees of the District of Columbia ARNG, including those paid under ``service contracts'' from District of Columbia funds. (7) Civilians serving as ROTC instructors paid from Federal funds. (8) ARNG technicians employed under 32 U.S.C. 709(a) for claims accruing on or after January 1, 1969 (Pub. L. 90-486, August 13, 1968 (82 Stat. 755)), unless performing duties solely in pursuit of a mission for a state, commonwealth, territory or possession. (9) Persons acting in an official capacity for the DOD or DA either temporarily or permanently with or without compensation, including but not limited to the following: (i) Dollar-a-year personnel. (ii) Members of advisory committees, commissions, or boards. (iii) Volunteers serving in an official capacity in furtherance of the business of the United States, limited to those categories set forth in DA Pam 27-162, paragraph 2-45. Note to Sec. 536.23: See the parallel discussion at DA Pam 27- 162, paragraph 2-2. Sec. 536.24 Delegation of investigative responsibility. r-a-year personnel. (ii) Members of advisory committees, commissions, or boards. (iii) Volunteers serving in an official capacity in furtherance of the business of the United States, limited to those categories set forth in DA Pam 27-162, paragraph 2-45. Note to Sec. 536.23: See the parallel discussion at DA Pam 27- 162, paragraph 2-2. Sec. 536.24 Delegation of investigative responsibility. (a) Area Claims Office. An ACO is authorized to carry out its investigative responsibility as follows: (1) At the request of the area claims authority, commanders and heads of Army and DOD units, activities, or components will appoint a commissioned, warrant, or noncommissioned officer or a qualified civilian employee to investigate a claims incident in the manner set forth in DA Pam 27-162 and this part. An ACO will direct such investigation to the extent deemed necessary. (2) CPOs are responsible for investigating claims incidents arising out of the activities and operations of their command or agency. An ACO may assign area jurisdiction to a CPO after coordination with the appropriate commander to investigate claims incidents arising in the ACO's designated geographic area. (See Sec. 536.3(f)). (3) Claims incidents involving patients arising from treatment by a health care provider in an Army medical treatment facility (MTF), including providers defined in 536.23(b)(4)(ii), will be investigated by a claims judge advocate (CJA), medical claims judge advocate (MCJA), or claims attorney rather than by a unit claims officer. (4) An ACO will publish and distribute a claims directive to all DOD and Army installations and activities including active, Army Reserve, and ARNG units as well as units located on the post at which the ACO is located. The directive will outline each installation's and activity's claims responsibilities. It will institute a serious claims incident reporting system. by a unit claims officer. (4) An ACO will publish and distribute a claims directive to all DOD and Army installations and activities including active, Army Reserve, and ARNG units as well as units located on the post at which the ACO is located. The directive will outline each installation's and activity's claims responsibilities. It will institute a serious claims incident reporting system. (b) Command claims service responsibility. A command claims service is responsible for the investigation and processing of claims incidents arising in its geographic area of responsibility or for any incidents within the authority of any foreign claims commission (FCC) it appoints. This responsibility will be carried out by an ACO or a CPO to the extent possible. A command claims service will publish a claims directive outlining the geographic areas of claims investigative responsibilities of each of its installations and activities, requiring each ACO or CPO to report all serious claims incidents directly to the Commander USARCS. (c) USARCS responsibility. USARCS exercises technical supervision over all claims offices, providing guidance on specific cases throughout the claims process, including the method of investigation. Where indicated, USARCS may investigate a claims incident that normally falls within a command claims service's, an ACO's, or a CPO's jurisdiction. USARCS typically acts through an area action officer (AAO) who is assigned as the primary point of contact with command claims services, ACOs or CPOs within a given geographic area. In areas outside the United States and its commonwealths, territories and possessions, where there is no command claims service or ACO, USARCS is responsible for investigation and for appointment of FCCs. Note to Sec. 536.24: See the parallel discussion at DA Pam 27- 162, paragraph 2-3. Sec. 536.25 Procedures for accepting claims. claims services, ACOs or CPOs within a given geographic area. In areas outside the United States and its commonwealths, territories and possessions, where there is no command claims service or ACO, USARCS is responsible for investigation and for appointment of FCCs. Note to Sec. 536.24: See the parallel discussion at DA Pam 27- 162, paragraph 2-3. Sec. 536.25 Procedures for accepting claims. All ACOs and CPOs will institute procedures to ensure that potential claimants or attorneys speak to a CJA, claims attorney, investigator, or examiner. On initial contact, claims personnel will render assistance, discuss all aspects of the potential claim, and determine what statutes or procedures apply. Assistance will be furnished to the extent set forth in DA Pam 27-162, paragraph 2-4. To advise claimants on the correct remedy, claims personnel will familiarize themselves with the remedies listed in DA Pam 27-162, paragraphs 2-15 and 2-17. Sec. 536.26 Identification of a proper claim. (a) A claim is a writing that contains a sum certain for each claimant and that is signed by each claimant, or by an authorized representative, who must furnish written authority to sign on a claimant's behalf. The writing must contain enough information to permit investigation. The writing must be received not later than two years from the date the claim accrues. A claim under the Foreign Claims Act (FCA) may be presented orally to either the United States or the government of the foreign country in which the incident occurred, within two years, provided that it is reduced to writing not later than three years from the date of accrual. A claim may be transmitted by facsimile or telegram. However, a copy of an original claim must be submitted as soon as possible. (b) Where a claim is only for property damage and it is filed under circumstances where there might be injuries, the CJA should inquire if the claimant desires to split the claim as discussed in Sec. 536.60. ting not later than three years from the date of accrual. A claim may be transmitted by facsimile or telegram. However, a copy of an original claim must be submitted as soon as possible. (b) Where a claim is only for property damage and it is filed under circumstances where there might be injuries, the CJA should inquire if the claimant desires to split the claim as discussed in Sec. 536.60. (c) Normally, a claim will be presented on a Standard Form (SF) 95 (Claim for Damage, Injury, or Death). When the claim is not presented on an SF 95, the claimant will be requested to complete an SF 95 to ease investigation and processing. (d) If a claim names two claimants and states only one sum certain, the claimants will be requested to furnish a sum certain for each. A separate sum certain must be obtained prior to payment under the Federal Tort Claims Act (FTCA), Military Claims Act (MCA), National Guard Claims Act (NGCA) or the FCA. The Financial Management Service will only pay an amount above the threshold amount of $2,500 for the FTCA, or $100,000 for the other statutes. (e) A properly filed claim meeting the definition of ``claim'' in paragraph (a) of this section tolls the two-year statute of limitations (SOL) even though the documents required to substantiate the claim are not present, such as those listed on the back of an SF 95 or in the Attorney General's regulations implementing the FTCA, 28 CFR 14.1- 14.11. However, refusal to provide such documents may lead to dismissal of a subsequent suit under the FTCA or denial of a claim under other subparts of this part. (f) Receipt of a claim by another federal agency does not toll the SOL. Receipt of a U.S. Army claim by DOD, Navy, or Air Force does toll the SOL. SF 95 or in the Attorney General's regulations implementing the FTCA, 28 CFR 14.1- 14.11. However, refusal to provide such documents may lead to dismissal of a subsequent suit under the FTCA or denial of a claim under other subparts of this part. (f) Receipt of a claim by another federal agency does not toll the SOL. Receipt of a U.S. Army claim by DOD, Navy, or Air Force does toll the SOL. (g) The guidelines set forth in federal FTCA case law will apply to other subparts of this part in determining whether a proper claim was filed. Note to Sec. 536.26: See the parallel discussion at DA Pam 27- 162, paragraph 2-5. Sec. 536.27 Identification of a proper claimant. The following are proper claimants: (a) Claims for property loss or damage. A claim may be presented by the owner of the property or by a duly authorized agent or legal representative in the owner's name. As used in this part, the term ``owner'' includes the following: (1) For real property. The mortgagor, mortgagee, executor, administrator, or personal representative, if he or she may maintain a cause of action in the local courts involving a tort to the specific property, is a proper claimant. When notice of divided interests in real property is received, the claim should if feasible be treated as a single claim and a release from all interests must be obtained. This includes both the owner and tenant where both claim. (2) For personal property. A claim may be presented by a bailee, lessee, mortgagee, conditional vendor, or others holding title for purposes of security only, unless specifically prohibited by the applicable subpart. When notice of divided interests in personal property is received, the claim should if feasible be treated as a single claim; a release from all interests must be obtained. Property loss is defined as loss of actual tangible property, not consequential damage resulting from such loss. thers holding title for purposes of security only, unless specifically prohibited by the applicable subpart. When notice of divided interests in personal property is received, the claim should if feasible be treated as a single claim; a release from all interests must be obtained. Property loss is defined as loss of actual tangible property, not consequential damage resulting from such loss. (b) Claims for personal injury or wrongful death. (1) For personal injury. A claim may be presented by the injured person or by a duly authorized agent or legal representative or, where the claimant is a minor, by a parent or a person in loco parentis. However, determine whether the claimant is a proper claimant under applicable state law or, if considered under the MCA, under Sec. 536.77. If not, the claimant should be so informed in the acknowledgment letter and requested to withdraw the claim. If not withdrawn, deny the claim without delay. An example is a claim filed on behalf of a minor for loss of consortium for injury to a parent where not permitted by state law. Personal injury claims deriving from the principal injury may be presented by other parties. A claim may not be presented by a ``volunteer,'' meaning one who has no legal or contractual obligation, yet voluntarily pays damages on behalf of an injured party and then seeks reimbursement for their economic damages by filing a claim. See paragraph (f)(3) of this section. permitted by state law. Personal injury claims deriving from the principal injury may be presented by other parties. A claim may not be presented by a ``volunteer,'' meaning one who has no legal or contractual obligation, yet voluntarily pays damages on behalf of an injured party and then seeks reimbursement for their economic damages by filing a claim. See paragraph (f)(3) of this section. (2) For wrongful death. A claim may be presented by the executor or administrator of the deceased's estate, or by any person determined to be legally or beneficially entitled under applicable local law. The amount allowed will be apportioned, to the extent practicable, among the beneficiaries in accordance with the law applicable to the incident. Under the MCA (subpart C of this part), only one wrongful death claim is authorized (see Sec. 536.77(c)(1)(i)). Under subparts D and H of this part, a claim by the insured for property damage may be considered as a claim by the insurer as the real party in interest provided the insured has been reimbursed by the insurer and the insurance information is listed on the SF 95. The insurer should be required to file a separate SF 95 for payment purposes even though the SOL has expired. Where the insurance information is not listed on the SF 95 and the insured is paid by the United States, the payment of the insurer is the responsibility of the insured even though the insurer subsequently files a timely claim. To avoid this situation, always inquire as to the status of any insurance prior to payment of a property damage claim. yment purposes even though the SOL has expired. Where the insurance information is not listed on the SF 95 and the insured is paid by the United States, the payment of the insurer is the responsibility of the insured even though the insurer subsequently files a timely claim. To avoid this situation, always inquire as to the status of any insurance prior to payment of a property damage claim. (c) By an agent or legal representative. A claimant's agent or legal representative who presents a claim will do so in the claimant's name and sign the form in such a way that indicates the agent's or legal representative's title or capacity. When a claim is presented by an agent or legal representative: (1) It must contain written evidence of the agent's or legal representative's authority to sign, such as a power of attorney, or (2) It must refer to or cite the statute granting authority. (d) Subrogation. A claim may be presented by the subrogee in his or her own name if authorized by the law of the place where the incident giving rise to the claim occurred, under subpart D or H of this part only. A lienholder is not a proper claimant and should be distinguished from a subrogee to avoid violation of the Antiassignment Act. See paragraph (f) of this section. However, liens arising under Medicare will be processed directly with the Center for Medicare and Medicaid Systems. See DA Pam 27-162, paragraphs 2-57g and h and 2-58. (e) Contribution or indemnity. A claim may be filed for contribution or indemnification by the party who was held liable as a joint tortfeasor where authorized by state law. Such a claim is not perfected until payment has been made by the claimant/joint tortfeasor. A claim filed for contribution prior to payment being made should be considered as an opportunity to share a settlement where the United States is liable. ity. A claim may be filed for contribution or indemnification by the party who was held liable as a joint tortfeasor where authorized by state law. Such a claim is not perfected until payment has been made by the claimant/joint tortfeasor. A claim filed for contribution prior to payment being made should be considered as an opportunity to share a settlement where the United States is liable. (f) Transfer or assignment. (1) Under the Antiassignment Act (31 U.S.C. 3727) and Defense Finance and Accounting Service--Indianapolis (DFAS-IN) regulation 37-1, a transfer or assignment is null and void except where it occurs by operation of law or after a voucher for the payment has been issued. The following are null and void: (i) Every purported transfer or assignment of a claim against the United States, or any interest, in whole or in part, on a claim, whether absolute or conditional; and (ii) Every power of attorney or other purported authority to receive payment for all or part of any such claim. (2) The Antiassignment Act was enacted to eliminate multiple payment of claims, to cause the United States to deal only with original parties and to prevent persons of influence from purchasing claims against the United States. (3) In general, this statute prohibits voluntary assignments of claims, with the exception of transfers or assignments made by operation of law. The operation of law exception has been held to apply to claims passing to assignees because of bankruptcy proceedings, assignments for the benefit of creditors, corporate liquidations, consolidations, or reorganizations, and where title passes by operation of law to heirs or legatees. Subrogated claims that arise under a statute are not barred by the Antiassignment Act. For example, subrogated workers' compensation claims are cognizable when presented by the insurer under subpart D or H of this part, but not other subparts. the benefit of creditors, corporate liquidations, consolidations, or reorganizations, and where title passes by operation of law to heirs or legatees. Subrogated claims that arise under a statute are not barred by the Antiassignment Act. For example, subrogated workers' compensation claims are cognizable when presented by the insurer under subpart D or H of this part, but not other subparts. (4) Subrogated claims that arise pursuant to contractual provisions may be paid to the subrogee, if the legal basis for the subrogated claim is recognized by state statute or case law, only under subpart D or H of this part. For example, an insurer that issues an insurance policy becomes subrogated to the rights of a claimant who receives payment of a property damage claim. Generally, such subrogated claims are authorized by state law and are therefore not barred by the Antiassignment Act. (5) Before claims are paid, it is necessary to determine whether there may be a valid subrogated claim under a federal or state statute or a subrogation contract held valid by state law. (g) Interdepartmental waiver rule. Neither the U.S. government nor any of its instrumentalities are proper claimants due to the interdepartmental waiver rule. This rule bars claims by any organization or activity of the Army, whether or not the organization or activity is funded with appropriated or nonappropriated funds. Certain federal agencies are authorized by statute to file claims, for example, Medicare and the Railroad Retirement Commission. See DA Pam 27-162, paragraph 2-17f. s are proper claimants due to the interdepartmental waiver rule. This rule bars claims by any organization or activity of the Army, whether or not the organization or activity is funded with appropriated or nonappropriated funds. Certain federal agencies are authorized by statute to file claims, for example, Medicare and the Railroad Retirement Commission. See DA Pam 27-162, paragraph 2-17f. (h) States are excluded. If a state, U.S. commonwealth, territory, or the District of Columbia maintains a unit to which ARNG personnel causing the injury or damage are assigned, such governmental entity is not a proper claimant for loss or damage to its property. A unit of local government other than a state, commonwealth, or territory is a proper claimant. Note to Sec. 536.27: See the parallel discussion at DA Pam 27- 162, paragraph 2-6. Sec. 536.28 Claims acknowledgment. Claims personnel will acknowledge all claims immediately upon receipt, in writing, by telephone, or in person. A defective claim will be acknowledged in writing, pointing out its defects. Where the defects render the submission jurisdictionally deficient based on the requirements discussed in DA Pam 27-162, paragraphs 2-5 and 2-6, the claimant or attorney will be informed in writing of the need to present a proper claim no later than two years from the date of accrual. Suit must be filed in maritime claims not later than two years from the date of accrual. See Sec. 536.122. In any claim for personal injury or wrongful death, an authorization signed by the patient, natural or legal guardian or estate representative will be obtained authorizing the use of medical information, including medical records, in order to use sources other than claims personnel to evaluate the claim as required by the Health Care Portability and Accountability Act (HIPAA), 42 U.S.C. 1320d-1320d-8. See the parallel discussion at DA Pam 27-162, paragraph 2-7. Sec. 536.29 Revision of filed claims. guardian or estate representative will be obtained authorizing the use of medical information, including medical records, in order to use sources other than claims personnel to evaluate the claim as required by the Health Care Portability and Accountability Act (HIPAA), 42 U.S.C. 1320d-1320d-8. See the parallel discussion at DA Pam 27-162, paragraph 2-7. Sec. 536.29 Revision of filed claims. (a) General. A revision or change of a previously filed claim may constitute an amendment or a new claim. Upon receipt, the CJA must determine whether a new claim has been filed. If so, the claim must be logged with a new number and acknowledged in accordance with Sec. 536.27. (b) New claim. A new claim is filed whenever the writing alleges a new theory of liability, a new tortfeasor, a new party claimant, a different date or location for the claims incident, or other basic element that constitutes an allegation of a different tort not originally alleged. If the allegation is made verbally or by e-mail, the claimant will be informed in writing that a new SF 95 must be filed. A new claim must be filed not later than two years from the accrual date under the FTCA. Filing a new claim creates an additional six month period during which suit may not be filed. (c) Amendment. An increase or decrease in the amount claimed constitutes an amendment, not a new claim. Similarly, the addition of required information not on the original claim constitutes an amendment. Examples are date of birth, marital status, military status, names of witnesses, claimant's address, description, or location of property or insurance information. An amendment may be filed before or after the two year SOL has run unless final action has been taken. A new number will not be assigned to an amended claim; however, a change in the amount will be annotated in the database. Note to Sec. 536.29: See the parallel discussion at DA Pam 27- 162, paragraph 2-8. Sec. 536.30 Action upon receipt of claim. ation of property or insurance information. An amendment may be filed before or after the two year SOL has run unless final action has been taken. A new number will not be assigned to an amended claim; however, a change in the amount will be annotated in the database. Note to Sec. 536.29: See the parallel discussion at DA Pam 27- 162, paragraph 2-8. Sec. 536.30 Action upon receipt of claim. (a) A properly filed claim stops the running of the SOL when it is received by any organization or activity of the DOD or the U.S. Armed Services. Placing a claim in the mail does not constitute filing. The first Army claims office that receives the claim will date, time stamp, and initial the claim as of the date the claim was initially received ``on post,'' not by the claims office. If initially received close to the SOL's expiration date by an organization or activity that does not have a claims office, claims personnel will discover and record in the file the date of original receipt. (b) The ACO or CPO that first receives the claim will enter the claim into the Tort and Special Claims Application (TSCA) database and let the system assign a number to the claim. The claim, whether on an SF 95 or in any other format, shall be scanned into a computer and uploaded onto the TSCA database so that it will become a permanent part of the electronic record. A joint claim will be given a number for each claimant, for example, husband and wife, injured parent and children. If only one sum is filed for all claimants, the same sum will be assigned for each claimant. However, request the claimant to name a sum for each claimant. The claim will bear this number throughout the claims process. Upon transfer, a new number will not be assigned by the receiving office. If a claim does not meet the definition of a proper claim under Sec. Sec. 536.26 and 536.27, it will be date stamped and logged as a Potentially Compensable Event (PCE). signed for each claimant. However, request the claimant to name a sum for each claimant. The claim will bear this number throughout the claims process. Upon transfer, a new number will not be assigned by the receiving office. If a claim does not meet the definition of a proper claim under Sec. Sec. 536.26 and 536.27, it will be date stamped and logged as a Potentially Compensable Event (PCE). (c) The claim will be transferred if the claim incident arose in another ACO's geographic area; the receiving ACO will use the claims number originally assigned. (d) Non-Appropriated Fund Instrumentality (NAFI) claims that relate to claims determined cognizable under subpart K of this part will be marked with the symbol ``NAFI'' immediately following the claimant's name, to preclude erroneous payment from appropriated funds (APF). This symbol will also be included in the subject line of all correspondence. (e) Upon receipt, copies of the claims will be furnished as follows (when a current e-mail address is available and it is agreeable with the receiving party, providing copies by e-mail is acceptable): (1) To USARCS, if the amount claimed exceeds $25,000, or $50,000 per incident. However, if the claim arises under the FTCA or AMCSA, onl [Text truncated at 120,000 characters. 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Check the current official text before relying on it. Not legal advice.