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Part 536
FEDERAL · 32 CFR
Part 536 — Claims Against the United States
157 sections · Title 32: National Defense
§ 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.
§ 536.22
Claims investigative responsibility—General.
§ 536.23
Identifying claims incidents both for and against the government.
§ 536.24
Delegation of investigative responsibility.
§ 536.25
Procedures for accepting claims.
§ 536.26
Identification of a proper claim.
§ 536.27
Identification of a proper claimant.
§ 536.28
Claims acknowledgment.
§ 536.29
Revision of filed claims.
§ 536.30
Action upon receipt of claim.
§ 536.31
Opening claim files.
§ 536.32
Transfer of claims among armed services branches.
§ 536.33
Use of small claims procedures.
§ 536.34
Determination of correct statute.
§ 536.35
Unique issues related to environmental claims.
§ 536.36
Related remedies.
§ 536.37
Importance of the claims investigation.
§ 536.38
Elements of the investigation.
§ 536.39
Use of experts, consultants and appraisers.
§ 536.40
Conducting the investigation.
§ 536.41
Determination of liability—generally.
§ 536.42
Constitutional torts.
§ 536.43
Incident to service.
§ 536.44
FECA and LSHWCA claims exclusions.
§ 536.45
Statutory exceptions.
§ 536.46
Other exclusions.
§ 536.47
Statute of limitations.
§ 536.48
Federal employee requirement.
§ 536.49
Scope of employment requirement.
§ 536.50
Determination of damages—applicable law.
§ 536.51
Collateral source rule.
§ 536.52
Subrogation.
§ 536.53
Evaluation of claims—general rules and guidelines.
§ 536.54
Joint tortfeasors.
§ 536.55
Structured settlements.
§ 536.56
Negotiations—purpose and extent.
§ 536.57
Who should negotiate.
§ 536.58
Settlement negotiations with unrepresented claimants.
§ 536.59
Settlement or approval authority.
§ 536.60
Splitting property damage and personal injury claims.
§ 536.61
Advance payments.
§ 536.62
Action memorandums.
§ 536.63
Settlement agreements.
§ 536.64
Final offers.
§ 536.65
Denial notice.
§ 536.66
The “Parker” denial.
§ 536.67
Mailing procedures.
§ 536.68
Appeal or reconsideration.
§ 536.69
Retention of file.
§ 536.70
Preparation and forwarding of payment vouchers.
§ 536.71
Fund sources.
§ 536.72
Finality of settlement.
§ 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.
§ 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.
§ 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.
§ 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.
§ 536.103
Statutory authority for claims cognizable under international claims agreements.
§ 536.104
Current agreements in force.
§ 536.105
Responsibilities generally/international agreements claims.
§ 536.106
Definitions for international agreements claims.
§ 536.107
Scope for international agreements claims arising in the United States.
§ 536.108
Claims payable under international agreements (for those arising in the United States).
§ 536.109
Claims not payable under international agreements (for those arising in the United States).
§ 536.110
Notification of incidents arising under international agreements (for claims arising in the United States).
§ 536.111
Investigation of claims arising under international agreements (for those claims arising in the United States).
§ 536.112
Settlement authority for claims arising under international agreements (for those claims arising in the United States).
§ 536.113
Assistance to foreign forces for claims arising under international agreements (as to claims arising in the United States).
§ 536.114
Scope for claims arising overseas under international agreements.
§ 536.115
Claims procedures for claims arising overseas under international agreements.
§ 536.116
Responsibilities as to claims arising overseas under international agreements.
§ 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.
§ 536.125
Statutory authority for Uniform Code of Military Justice (UCMJ) Claims.
§ 536.126
Purpose of UCMJ claims.
§ 536.127
Proper claimants; unknown accused—under the UCMJ.
§ 536.128
Effect of disciplinary action, voluntary restitution, or contributory negligence for claims under the UCMJ.
§ 536.129
Claims cognizable as UCMJ claims.
§ 536.130
Claims not cognizable as UCMJ claims.
§ 536.131
Limitations on assessments arising from UCMJ claims.
§ 536.132
Procedure for processing UCMJ claims.
§ 536.133
Reconsideration of UCMJ claims.
§ 536.134
Additional claims judge advocate and claims attorney responsibilities (for UCMJ claims).
§ 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.
§ 536.146
Claims against nonappropriated fund employees—generally.
§ 536.147
Claims by NAFI employees for losses incident to employment.
§ 536.148
Claims generated by the acts or omissions of NAFI employees.
§ 536.149
Identification of persons whose actions may generate liability.
§ 536.150
Claims payable from appropriated funds.
§ 536.151
Settlement authority for claims generated by acts or omissions of NAFI employees.
§ 536.152
Payment of claims generated by acts or omissions of NAFI employees.
§ 536.153
Claims involving tortfeasors other than nonappropriated fund employees: NAFI contractors.
§ 536.154
Claims involving tortfeasors other than nonappropriated fund employees: NAFI risk management program (RIMP) claims.
§ 536.155
Claims payable involving tortfeasors other than nonappropriated fund employees.
§ 536.156
Procedures for claims involving tortfeasors other than nonappropriated fund employees.
§ 536.157
Settlement/approval authority for claims involving tortfeasors other than nonappropriated fund employees.