Current through November 30, 2024
Section 281.5 - Responsibilities(a) The General Counsel of the Department of Defense shall:(1) Settle claims that the Secretary of Defense is authorized to settle under 31 U.S.C. 3702 ; 10 U.S.C. 2575 , 2771 , 4712 , and 9712 ; 24 U.S.C. 420 ; 37 U.S.C. 554 , and 32 U.S.C. 714 .(2) Consider, and grant or deny, a request under 31 U.S.C. 3702 to waive the time limit for submitting certain claims.(3) Render advance decisions under 31 U.S.C. 3529 that the Secretary of Defense is authorized to render, and oversee the submission of requests for an advance decision arising from the activity of a DoD Component that are addressed to officials outside the Department of Defense.(4) Develop overall claim settlement and advance decision policies; and promulgate procedures for settling claims, processing requests for an advance decision (including overseeing the submission of requests for an advance decision arising from the activity of a DoD Component that are addressed to officials outside the Department of Defense), and rendering advance decisions. Procedures for settling claims shall include an initial determination process and a process to appeal an initial determination.(b) The Heads of the DoD Components shall:(1) Establish procedures within their organization for processing claims and for submitting requests for an advance decision arising from it's activity in accordance with this part and responsibilities promulgated under paragraph (a)(4) of this section.(2) Pay claims under 10 U.S.C. 2771 and 32 U.S.C. 714 , if applicable.(3) Ensure compliance with this part and policies and responsibilities promulgated under (a)(4) of this section.(c) The Heads of the Non-DoD Components, concerning claims arising from that Component's activity under 31 U.S.C. 3702 , 10 U.S.C. 2575 , 10 U.S.C. 2771 or 37 U.S.C. 554 , shall:(1) Establish procedures within their organization for processing claims and for submitting requests for an advance decision in accordance with this part and responsibilities promulgated under paragraph (a)(4) of this section.(2) Pay claims under 10 U.S.C. 2771 , if applicable.