Part 536 - Claims Against the United States  


Subpart A - The Army Claims System
§ 536.1 - Purpose of the Army Claims System.
§ 536.2 - Claims authorities.
§ 536.3 - Command and organizational relationships.
§ 536.4 - Designation of claims attorneys.
§ 536.5 - The Judge Advocate General.
§ 536.6 - The Army claims mission.
§ 536.7 - Responsibilities of the Commander USARCS.
§ 536.8 - Responsibilities and operations of command claims services.
§ 536.9 - Responsibilities and operations of area claims offices.
§ 536.10 - Responsibilities and operations of claims processing offices.
§ 536.11 - Chief of Engineers.
§ 536.12 - Commanding General, U.S. Army Medical Command.
§ 536.13 - Chief, National Guard Bureau.
§ 536.14 - Commanders of major Army commands.
§ 536.15 - Claims policies.
§ 536.16 - Release of information policies.
§ 536.17 - Single-service claims responsibility (DODD 5515.8 and DODD 5515.9).
§ 536.18 - Cross-servicing of claims.
§ 536.19 - Disaster claims planning.
§ 536.20 - Claims assistance visits.
§ 536.21 - Annual claims award.
Subpart B - Investigation and Processing of Claims
§ 536.22 - Claims investigative responsibility - General.
§ 536.23 - Identifying claims incidents both for and against the government.
§ 536.24 - Delegation of investigative responsibility.
§ 536.25 - Procedures for accepting claims.
§ 536.26 - Identification of a proper claim.
§ 536.27 - Identification of a proper claimant.
§ 536.28 - Claims acknowledgment.
§ 536.29 - Revision of filed claims.
§ 536.30 - Action upon receipt of claim.
§ 536.31 - Opening claim files.
§ 536.32 - Transfer of claims among armed services branches.
§ 536.33 - Use of small claims procedures.
§ 536.34 - Determination of correct statute.
§ 536.35 - Unique issues related to environmental claims.
§ 536.36 - Related remedies.
§ 536.37 - Importance of the claims investigation.
§ 536.38 - Elements of the investigation.
§ 536.39 - Use of experts, consultants and appraisers.
§ 536.40 - Conducting the investigation.
§ 536.41 - Determination of liability - generally.
§ 536.42 - Constitutional torts.
§ 536.43 - Incident to service.
§ 536.44 - FECA and LSHWCA claims exclusions.
§ 536.45 - Statutory exceptions.
§ 536.46 - Other exclusions.
§ 536.47 - Statute of limitations.
§ 536.48 - Federal employee requirement.
§ 536.49 - Scope of employment requirement.
§ 536.50 - Determination of damages - applicable law.
§ 536.51 - Collateral source rule.
§ 536.52 - Subrogation.
§ 536.53 - Evaluation of claims - general rules and guidelines.
§ 536.54 - Joint tortfeasors.
§ 536.55 - Structured settlements.
§ 536.56 - Negotiations - purpose and extent.
§ 536.57 - Who should negotiate.
§ 536.58 - Settlement negotiations with unrepresented claimants.
§ 536.59 - Settlement or approval authority.
§ 536.60 - Splitting property damage and personal injury claims.
§ 536.61 - Advance payments.
§ 536.62 - Action memorandums.
§ 536.63 - Settlement agreements.
§ 536.64 - Final offers.
§ 536.65 - Denial notice.
§ 536.66 - The “Parker” denial.
§ 536.67 - Mailing procedures.
§ 536.68 - Appeal or reconsideration.
§ 536.69 - Retention of file.
§ 536.70 - Preparation and forwarding of payment vouchers.
§ 536.71 - Fund sources.
§ 536.72 - Finality of settlement.
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.
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).
§ 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.
§ 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.
§ 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.