Department of the Air Force, DoD § 842.95
§ 842.91 Settlement agreements. (c) Authority to reduce, withdraw, or
restore settlement authority. Any supe-
The claimant must sign a settlement
rior settlement authority may reduce,
agreement and general release before
withdraw, or restore delegated author-
any payment is made.
Subpart L—Property Damage Tort § 842.94 Assertable claims.
Claims in Favor of the United A claim may be asserted in writing
States (31 U.S.C. 3701, 3711– for loss of or damage to government
3719) property, against a tort-feasor when:
(a) Damage results from negligence
§ 842.92 Scope of this subpart. and the claim is for:
This subpart describes how to assert, (1) More than $100.
administer, and collect claims for dam- (2) Less than $100 but collection costs
age to or loss or destruction of govern- are small.
ment property through negligence or (b) The claim is based on a contract
wrongful act. It does not cover admi- and the contracting officer does not in-
ralty, hospital recovery, or non- tend to assert a claim under the con-
appropriated fund claims. tract. The contracting officer’s inten-
tion not to assert a claim should be re-
§ 842.93 Delegations of authority. corded in a memorandum for the record
(a) Settlement authority. (1) The fol- and placed in the claim file.
lowing individuals have delegated au- (c) The claim is for property damage
thority to settle, compromise, suspend, arising from the same incident as a
or terminate action on claims for hospital recovery claim. (The two
$20,000 or less and to accept full pay- claims should be consolidated and
ment on any claim: processed under subpart N).
(i) The Judge Advocate General. (d) The Tort-feasor or his insurer pre-
(ii) The Deputy Judge Advocate Gen- sents a claim against the government
eral. arising from the same incident. (Both
(iii) The Director of Civil Law. claims should be processed together.)
(iv) Chief, Deputy Chief, and Branch (e) The claim is assertable as a coun-
Chiefs, Claims and Tort Litigation terclaim under an international agree-
Staff. ment. (The claim should be processed
(2) The SJA of HQ 9AF (for under subpart H).
CENTCOM), and the SJAs of PACAF (f) The claim is based on product li-
and USAFE have delegated authority ability. HQ USAF/JACC approval must
to settle, compromise, suspend, or ter- be obtained before asserting the claim.
minate action on claims for $15,000 or
§ 842.95 Non-assertable claims.
less and to accept full payment on any
claim. A claim is not assertable under this
(3) SJAs of GCMs located in PACAF subpart when it is for:
and USAFE and single base GCMs lo- (a) Reimbursement for military or ci-
cated in CONUS have delegated author- vilian employees for their negligence
ity to settle, compromise, suspend, or claims paid by the United States.
terminate action on claims for $15,000 (b) Loss or damage to government
or less and to accept full payment on property:
any claim. (1) Caused by a nonappropriated fund
(4) SJAs of each Air Force base, sta- employee acting in the scope of em-
tion or fixed installation have dele- ployment.
gated authority to settle, compromise, (2) For which a person has account-
suspend, or terminate action on claims ability and responsibility under the Re-
for $10,000 or less and to accept full port of Survey system.
payment on any claim. (c) Loss or damage to non-
(b) Redelegation of authority. A settle- appropriated fund property assertable
ment authority may redelegate it to a under other provisions.
subordinate judge advocate or civilian (d) Loss or damage caused by an em-
ebenthall on PRODPC61 with CFR
attorney, in writing. ployee of an instrumentality of the
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§ 842.96 32 CFR Ch. VII (7–1–07 Edition)
government in the absence of statutory should be obtained and included in the
authority to reimburse. claim file).
(e) Monies recovered against a for- (2) The Government is unable to col-
eign government or any of its political lect a claim in full within a reasonable
subdivisions. (HQ USAF/JACC may au- time even though the enforced collec-
thorize this claim as an exception to tion proceedings are used for collec-
the rule). tion.
(3) The cost to collect does not jus-
[55 FR 2809, Jan. 29, 1990, as amended at 55
FR 32077, Aug. 7, 1990] tify enforced collection of the full
§ 842.96 Asserting the claim. (4) The government may have dif-
ficulty proving its case in court for the
The base SJA asserts the claim
full amount claimed.
against the tort-feasor by mailing, cer-
(b) Compromise is not allowable
tified mail, return receipt requested,
when there may be fraud, misrepresen-
the original and one copy of a ‘‘Notice
tation, or violation of antitrust laws.
of Claim’’ that includes the following:
The Department of Justice must au-
(a) Reference to the statutory right
thorize compromise of such claims.
(c) Termination of collection is al-
(b) A demand for payment or restora-
(1) The government is unable to col-
(c) A description of damage.
lect the debt after exhausting all col-
(d) The date and place of incident.
(e) The name, phone number, and of-
(2) The government is unable to lo-
fice address of claims personnel to con-
cate the tort-feasor.
(3) The cost to collect will exceed re-
§ 842.97 Referring a claim to the US covery.
Attorney or the Department of Jus- (4) The claim is legally without
All claims must be authorized for re- (5) The evidence does not substan-
ferral by HQ USAF/JACC prior to being tiate the claim.
sent to either the US Attorney or the (d) Suspension of collection is allow-
Department of Justice. All claims for able when:
demands of more than $20,000.00 which (1) The government is unable to lo-
are not collected in full by a settle- cate tort-feasor.
ment authority will be referred (with (2) The tort-feasor is presently un-
HQ USAF/JACC approval) to DOJ. able to pay but:
(i) The statute of limitations is
§ 842.98 Statute of limitations. tolled or is running anew.
(ii) Future collection may be pos-
The government must file suit within
3 years after the cause of action ac-
crues. It accrues when a responsible US
official knew or reasonably should have Subpart M—Claims Under the Na-
known the material facts that resulted tional Guard Claims Act (32
in the claimed loss. U.S.C. 715)
§ 842.99 Compromise, termination, and § 842.100 Scope of this subpart.
suspension of collection. This subpart explains how to settle
This section establishes the guide- claims against the United States aris-
lines for compromise, termination, or ing out of the noncombat activities of
suspension of a claim. the Air National Guard (ANG), when
(a) Compromise of a claim is allow- its members are acting within the
able when: scope of their employment and per-
(1) The tort-feasor is unable to pay forming duty under 32 U.S.C. Contact
the full amount within a reasonable HQ USAF/JACC for guidance on any
time. (A sworn statement showing the claim for property damage, injury or
debtor’s assets and liabilities, income, death by the ANG which accrued prior
ebenthall on PRODPC61 with CFR
expenses, and insurance coverage to 29 December 1981.
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