[Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
[Notices]
[Page 50285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24480]
[[Page 50285]]
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DEPARTMENT OF DEFENSE
Claims Settlement Authority Issuance to Defense Office of
Hearings and Appeals
AGENCY: Department of Defense, Defense Office of Hearings and Appeals.
ACTION: Notice.
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SUMMARY: The Legislative Branch Appropriations Act of 1996 transferred
to the Director of the Office of Management and Budget (OMB) the
Comptroller General's authority to settle claims. The OMB Director
subsequently delegated the authorities listed below to the Department
of Defense (DOD). The Secretary of Defense further delegated this
authority to the Defense Office of Hearings and Appeals (DOHA). This
notice announces DOHA's intent to issue regulations implementing this
new authority in the near future and that, in the meantime, that DOHA
will use the procedures and practices applicable to the claims before
the effective date of the transfer of authority, June 30, 1996, which
are published in title 4, Code of Federal Regulations, Chapter 1,
Subchapter C.
EFFECTIVE DATE: September 25, 1996.
ADDRESSES: Comments may be mailed to the Defense Legal Services Agency,
Defense Office of Hearings and Appeals, Chief, Claims Division, P.O.
Box 3656, Arlington, VA 22303.
FOR FURTHER INFORMATION CONTACT:
Michael Hipple, Chief, Claims Division, 703-696-8524.
SUPPLEMENTARY INFORMATION: Pursuant to the Legislative Branch
Appropriations Act of 1996, most of the claims settlement functions of
the U.S. General Accounting Office were transferred to the Director of
OMB. See Sec. 211, Pub. L. 104-53, 109 Stat. 535. Subsequently, the
Acting Director delegated these functions to various components within
the Executive branch in a determination order dated June 28, 1996. This
order delegated to the Department of Defense the authority to settle
the following classes of claims against the United States:
a. Claims related to uniform services members' pay, allowances,
travel, transportation, retired pay, and survivor benefits;
b. Claims by transportation carriers for amounts collected from
them for loss and damage incurred to property incident to shipment at
Government expense;
c. Claims for proceeds of sale of unclaimed property coming into
the custody or control of the Army, Navy, Air Force or Coast Guard;
d. Final settlements of accounts of members of the Armed Forces,
including the National Guard;
e. Reports on disposition of the effects of deceased members of the
Army and Air Force for settlement under 10 U.S.C. 2771, 10 U.S.C. 4712
and 9712;
f. Claims for the proceeds of the sale of motor vehicles and items
of household goods and personal property of members of the Uniformed
Services reported dead, injured, ill or absent for a period of more
than 29 days in a missing status;
g. Claims for the proceeds from the disposition of effects of
deceased residents of the Armed Forces Retirement Home; and
h. Claims arising from DOD activities cognizable under 31 U.S.C.
3702, not otherwise delegated by the Director, OMB.
Effective September 4, 1996, the Secretary of Defense further
delegated the authority to DOHA.
Before the effective date of the transfer, these claims were
subject to the procedures prescribed by the Comptroller General at 4
C.F.R. Chapter 1, Subchapter C (1996). Until DOHA issues its own
regulations implementing its new claims authority, DOHA's policy will
be to apply these procedures and the U.S. General Accounting Office's
practices to claims submitted to DOHA for settlement. As an exception,
the authority to issue decisions in review of settlements will be
exercised by a Claims Appeals Board on behalf of the Secretary of
Defense.
For each of the types of claims described above, claimants should
submit their claims to the agencies out of whose activity the claim
arose and it is the agency's responsibility to forward the claim to
DOHA with its comments. Claimants may submit their claims directly to
DOHA. However, claimants are advised that submitting their claims
directly to DOHA may delay consideration of their claims because DOHA
will not settle a claim without first notifying the agency of the claim
and requesting an administrative report from the agency. Claims should
be sent to: Defense Legal Services Agency, Defense Office of Hearings
and Appeals, Chief, Claims Division.
Dated: September 19, 1996.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-24480 Filed 9-24-96; 8:45 am]
BILLING CODE 5000-04-M
