[Title 32 CFR B]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter Vi - DEPARTMENT OF THE NAVY]
[Subchapter E - CLAIMS]
[Part 750 - GENERAL CLAIMS REGULATIONS]
[Subpart B - Federal Tort Claims Act]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE52002-07-012002-07-01falseFederal Tort Claims ActBSubpart BNATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE NAVYCLAIMSGENERAL CLAIMS REGULATIONS
Subpart B--Federal Tort Claims Act
Sec. 750.21 Scope of subpart B.
This subpart provides information regarding the administrative
processing and consideration of claims against the United States under
the FTCA. The FTCA is a limited waiver of sovereign immunity. Under the
FTCA, an individual can seek money damages for personal injury, death,
or property damage caused by the negligent or wrongful act or omission
of a Federal employee acting within the scope of employment. The FTCA
also provides for compensation for injuries caused by certain
intentional, wrongful conduct. The liability of the United States is
determined in accordance with the law of the State where the act or
omission occured.
Sec. 750.22 Exclusiveness of remedy.
(a) The Federal Employees Liability Reform and Tort Compensation Act
of 1988, Public Law 100-694 (amending 28 U.S.C. 2679(b) and 2679(d)),
provides that the exclusive remedy for damage or loss of property, or
personal injury or death arising from the negligent or wrongful acts or
omissions of all Federal employees, acting within the scope of their
employment, will be against the United States. This immunity from
personal liability does not extend to allegations of constitutional
torts, nor to allegations of violations of statutes specifically
authorizing suits against individuals.
(b) Other statutory provisions create immunity from personal
liability for
[[Page 392]]
specific categories of Federal employees whose conduct, within the scope
of their employment, gives rise to claims against the Government.
Department of Defense health care providers are specifically protected
by 10 U.S.C. 1089, the Gonzalez Act. DOD attorneys are specifically
protected by 10 U.S.C. 1054.
Sec. 750.23 Definitions.
(a) Negligent conduct. Generally, negligence is the failure to
exercise that degree of care, skill, or diligence a reasonable person
would exercise under similar circumstances. Negligent conduct can result
from either an act or a failure to act. The law of the place where the
conduct occurred will determine whether a cause of action lies against
the Government. 28 U.S.C. 1346(b) and 2674.
(b) Intentional torts. Although any employee who commits an
intentional tort is normally considered to be acting outside the scope
of employment, the FTCA does allow claimants to seek compensation for
injuries arising out of the intentional torts of assault, battery, false
imprisonment, false arrest, abuse of process, and malicious prosecution,
if committed by a Federal investigative or law enforcement officer. An
``investigative or law enforcement officer'' is any officer of the
United States empowered by law to execute searches, to seize evidence,
or to make arrests for violations of Federal law. 28 U.S.C. 2680(h).
(c) Government employees--(1) General. ``Employee of the
Government,'' defined at 28 U.S.C. 2671, includes officers or employees
of any Federal agency, members of the U.S. military or naval forces, and
persons acting on behalf of a Federal agency in an official capacity.
(2) Government contractors. Government (also referred to as
independent) contractors, are those individuals or businesses who enter
into contracts with the United States to provide goods or services.
Because the definition of ``Federal agency,'' found at 28 U.S.C. 2671,
specifically excludes ``any contractor with the United States,'' the
United States is generally not liable for the negligence of Government
contractors. There are, however, three limited exceptions to the general
rule, under which a cause of action against the United States has been
found to exist in some jurisdictions. They are:
(i) Where the thing or service contracted for is deemed to be an
``inherently dangerous activity'';
(ii) where a nondelegable duty in the employer has been created by
law; or,
(iii) where the employer retains control over certain aspects of the
contract and fails to discharge that control in a reasonable manner.
(3) Employees of nonappropriated-fund activities. Nonappropriated-
fund activities are entities established and operated for the benefit of
military members and their dependents, and have been judicially
determined to be ``arms'' of the Federal government. These entities
operate from self-generated funds, rather than from funds appropriated
by Congress. Examples include Navy and Marine Corps Exchanges, officer
or enlisted clubs, and recreational services activities. A claim arising
out of the act or omission of an employee of a nonappropriated-fund
activity not located in a foreign country, acting within the scope of
employment, is an act or omission committed by a Federal employee and
will be handled in accordance with the FTCA.
(d) Scope of employment. ``Scope of employment'' is defined by the
law of respondeat superior (master and servant) of the place where the
act or omission occurred. Although 28 U.S.C. 2671 states that acting
within the scope of employment means acting in the line of duty, the
converse is not always true. For administrative purposes, a Government
employee may be found ``in the line of duty,'' yet not meet the criteria
for a finding of ``within the scope of employment'' under the law of the
place where the act or omission occurred.
Sec. 750.24 Statutory/regulatory authority.
The statutory provisions of the Federal Tort Claims Act (FTCA) are
at 28 U.S.C. 1346(b), 2671-2672, and 2674-2680. The Attorney General of
the United States has issued regulations on administrative claims filed
under the FTCA at 28 CFR part 14. If the provisions of this section and
the Attorney
[[Page 393]]
General's regulations conflict, the Attorney General's regulations
prevail.
Sec. 750.25 Scope of liability.
(a) Territorial limitations. The FTCA does not apply to any claim
arising in a foreign country. 28 U.S.C. 2680(k) and Beattie v. United
States, 756 F.2d 91 (D.C. Cir. 1984).
(b) Exclusions from liability. Statutes and case law have
established categories of exclusions from FTCA liability.
(1) Statutory exclusions. Section 2680 of Title 28 lists claims not
cognizable under the FTCA. They include:
(i) Claims based on the exercise or performance of, or the failure
to exercise or perform, a discretionary Government function;
(ii) Admiralty claims under 46 U.S.C. 741-752 or 781-790. Claims
under the Death on the High Seas Act (46 U.S.C. 761), however, are
cognizable under the FTCA. All admiralty claims will be referred to the
Judge Advocate General for adjudication. Admiralty claims against the
Navy shall be processed under part 752 of this Chapter;
(iii) Claims arising from intentional torts, except those referred
to in Sec. 750.23(b);
(iv) Claims arising from the combat activities of the military or
naval forces, or the Coast Guard, during time of war.
(2) Additional claims not payable. Although not expressly
statutorily excepted, the following types of claims shall not be paid
under the FTCA:
(i) A claim for personal injury or death of a member of the armed
forces of the United States incurred incident to military service or
duty. Compare United States v. Johnson, 481 U.S. 681 (1987); Feres v.
United States, 340 U.S. 135 (1950) with Brooks v. United States, 337
U.S. 49 (1949);
(ii) Any claim by military personnel or civilian employees of the
Navy, paid from appropriated funds, for personal property damage
occurring incident to service or Federal employment, cognizable under 31
U.S.C. 3721 and the applicable Personnel Claims Regulations, 32 CFR part
751;
(iii) Any claim by employees of nonappropriated-fund activities for
personal property damage occurring incident to Federal employment. These
claims will be processed as indicated in 32 CFR part 756;
(iv) Any claim for personal injury or death covered by the Federal
Employees' Compensation Act (5 U.S.C. 8116c);
(v) Any claim for personal injury or death covered by the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 905 and 5 U.S.C. 8171);
(vi) That portion of any claim for personal injury or property
damage, caused by the negligence or fault of a Government contractor, to
the extent such contractor may have assumed liability under the terms of
the contract (see United States v. Seckinger, 397 U.S. 203 (1969) and
Sec. 750.23(c)(2);
(vii) Any claim against the Department of the Navy by another
Federal agency. Property belonging to the Government is not owned by any
one department of the Government. The Government does not reimburse
itself for the loss of its own property except where specifically
provided for by law; and
(viii) Any claim for damage to a vehicle rented pursuant to travel
orders.
Sec. 750.26 The administrative claim.
(a) Proper claimant. See Sec. 750.5 of this part.
(b) Claim presented by agent or legal representative. A claim filed
by an agent or legal representative will be filed in the name of the
claimant; be signed by the agent or legal representative; show the title
or legal capacity of the person signing; and be accompanied by evidence
of the individual's authority to file a claim on behalf of the claimant.
(c) Proper claim. A claim is a notice in writing to the appropriate
Federal agency of an incident giving rise to Government liability under
the FTCA. It must include a demand for money damages in a definite sum
for property damage, personal injury, or death alleged to have occurred
by reason of the incident. The Attorney General's regulations specify
that the claim be filed on a Standard Form 95 or other written
notification of the incident. If a letter or other written notification
is used, it is essential that it set forth the same basic information
required by Standard Form 95. Failure to do so may result in
[[Page 394]]
a determination that the administrative claim is incomplete. A suit may
be dismissed on the ground of lack of subject matter jurisdiction based
on claimant's failure to present a proper claim as required by 28 U.S.C.
2675(a).
(d) Presentment. A claim is deemed presented when received by the
Navy in proper form. A claim against another agency, mistakenly
addressed to or filed with the Navy shall be transferred to the
appropriate agency, if ascertainable, or returned to the claimant. A
claimant presenting identical claims with more than one agency should
identify every agency to which the claim is submitted on every claim
form presented. Claims officers shall coordinate with all other affected
agencies and ensure a lead agency is designated. 28 CFR 14.2.
Sec. 750.27 Information and supporting documentation.
(a) Proper documentation. Depending on the type of claim, claimants
may be required to submit information, as follows:
(1) Death. (i) An authenticated death certificate or other competent
evidence showing cause of death, date of death, and age of the decedent;
(ii) Decedent's employment or occupation at time of death, including
monthly or yearly earnings and the duration of last employment;
(iii) Full names, addresses, birth dates, relationship, and marital
status of the decedent's survivors, including identification of
survivors dependent for support upon decedent at the time of death;
(iv) Degree of support provided by decedent to each survivor at time
of death;
(v) Decedent's general physical and mental condition before death;
(vi) Itemized bills for medical and burial expenses;
(vii) If damages for pain and suffering are claimed, a physician's
detailed statement specifying the injuries suffered, duration of pain
and suffering, any drugs administered for pain, and the decedent's
physical condition during the interval between injury and death; and,
(viii) Any other evidence or information which may affect the
liability of the United States.
(2) Personal injury. (i) A written report by attending physician or
dentist on the nature and extent of the injury, nature and extent of
treatment, any degree of temporary or permanent disability, the
prognosis, period of hospitalization, any any diminished earning
capacity. In addition, the claimant may be required to submit to a
physical or mental examination by a physician employed by any Federal
agency. Upon written request, a copy of the report of the examining
physician shall be provided;
(ii) Itemized bills for medical, dental, and hospital expenses
incurred, or itemized receipts of payments of such expenses;
(iii) A statement of expected expenses for future treatment;
(iv) If a claim is made for lost wages, a written statement from the
employer itemizing actual time and wages lost;
(v) If a claim is made for lost self-employed income, documentary
evidence showing the amount of earnings actually lost; and
(vi) Any other evidence or information which may affect the
liability of the United States for the personal injury or the damages
claimed.
(3) Property damage. (i) Proof of ownership;
(ii) A detailed statement of the amount claimed for each item of
property;
(iii) An itemized receipt of payment for necessary repairs or
itemized written estimates of the cost of repairs;
(iv) A statement listing date of purchase, purchase price, and
salvage value where repair is not economical; and
(v) Any other evidence or information which may affect the liability
of the United States for the property damage claimed.
(b) Failure to submit necessary documentation. If claimant fails to
provide sufficient supporting documentation, claimant should be notified
of the deficiency. If after notice of the deficiency, including
reference to 28 CFR 14.4, the information is still not supplied, two
follow-up requests should be sent by
[[Page 395]]
certified mail, return receipt requested. If after a reasonable period
of time the information is still not provided, the appropriate
adjudicating authority should deny the claim.
Sec. 750.28 Amendment of the claim.
A proper claim may be amended at any time prior to settlement,
denial, or the filing of suit. An amendment must be submitted in writing
and must be signed by the claimant or duly authorized agent or legal
representative. No finally denied claim for which reconsideration has
not been requested under Sec. 750.31 may be amended.
Sec. 750.29 Investigation and examination.
Subpart A of this part requires an investigation for every incident
that may result in a claim against or in favor of the United States.
Where a previously unanticipated claim is filed against the Government
and an investigation has not already been conducted, the appropriate
claims officer shall immediately request an investigation. See subpart A
of this part for specific action required by an adjudicating authority.
Sec. 750.30 Denial of the claim.
Final denial of an administrative claim shall be in writing and
shall be sent to the claimant, his duly authorized agent or legal
representative by certified or registered mail, with return receipt
requested. The notification of final denial shall include the reasons
for the denial. The notification shall include a statement informing the
claimant of his right to file suit in the appropriate Federal district
court not later than 6 months after the date of the mailing of the
notification. 28 CFR 14.9(a).
Sec. 750.31 Reconsideration.
(a) Request. Prior to the commencement of suit and prior to the
expiration of the 6-month period for filing suit, a claimant or his duly
authorized agent or legal representative may present a request for
reconsideration to the authority who denied the claim. The request shall
be in writing and shall state the reasons for the requested
reconsideration. A request for reconsideration is presented on the date
it is received by the DON. 28 CFR 14.9(b).
(b) Proper basis. A request for reconsideration shall set forth
claimant's reasons for the request, and shall include any supplemental
supporting evidence or information. Any writing communicating a desire
for reconsideration that reasonably appears to have been presented
solely for the purpose of extending the statutory period for filing
suit, shall not be treated as a request for reconsideration. Claimant or
claimant's authorized representative shall be notified promptly that the
writing is not considered a proper request for reconsideration.
(c) Effect of presentment of request. The presentment of a proper
request for reconsideration starts a new 6-month period for the DON to
act on the request to reconsider. The claimant may not file suit until
the expiration of the new 6-month period, or until after the date of
mailing of the final denial of the request. Final denial of a request
for reconsideration shall be accomplished in the manner prescribed in
Sec. 750.30. 28 CFR 14.9(b).
Sec. 750.32 Suits under the Federal Tort Claims Act (FTCA).
(a) Venue. Venue is proper only in the judicial district where the
plaintiff resides or where the act or omission complained of occurred.
28 U.S.C. 1402.
(b) Jury trial. There is no right to trial by jury in suits brought
under the FTCA. 28 U.S.C. 2402.
(c) Settlement. The Attorney General of the United States, or
designee, may arbitrate, compromise, or settle any action filed under
the FTCA. 28 U.S.C. 2677.
(d) Litigation support--(1) Who provides. The adjudicating authority
holding a claim at the time suit is filed shall be responsible for
providing necessary assistance to the Department of Justice official or
U.S. Attorney responsible for defending the Government's interests.
(2) Litigation report. A litigation report, including a legal
memorandum emphasizing anticipated issues during litigation, shall be
furnished to the appropriate Department of Justice official or U.S.
Attorney.
[[Page 396]]
(3) Pretrial discovery. Complete and timely responses to discovery
requests are vital to the effective defense of tort litigation. Subject
to existing personnel and resources available, appropriate assistance
shall be provided. The Judge Advocate General should be notified
promptly when special problems are encountered in providing the
requested assistance.
(4) Preservation of evidence. Tort litigation is often accomplished
over an extended period of time. Every effort shall be made to preserve
files, documents, and other tangible evidence that may bear on
litigation. Destruction of such evidence, even in accordance with
routine operating procedures, undermines defense of a case.
Sec. 750.33 Damages.
(a) Generally. The measure of damages is determined by the law of
the place where the act or omission occurred. When there is a conflict
between local and applicable Federal law, the latter governs. 28 U.S.C.
1346(b).
(b) Limitations on liability. The United States is not liable for
interest prior to judgment or for punitive damages. In a death case, if
the place where the act or omission complained of occurred provides for
only punitive damages, the United States will be liable in lieu thereof,
for actual or compensatory damages. 28 U.S.C. 2674.
(c) Setoff. The United States is not obligated to pay twice for the
same injury. Claimants under the FTCA may have received Government
benefits or services as the result of the alleged tort. The cost of
these services or benefits shall be considered in arriving at any award
of damages. For example, the cost of medical or hospital services
furnished at Government expense, including CHAMPUS payments, shall be
considered. Additionally, benefits or services received under the
Veterans Act (38 U.S.C. 101-800) must be considered. Brooks v. United
States, 337 U.S. 49 (1949).
(d) Suit. Any damage award in a suit brought under the FTCA is
limited to the amount claimed administratively unless based on newly
discovered evidence. 28 U.S.C. 2675(b). Plaintiff must prove the
increased demand is based on facts not reasonably discoverable at the
time of the presentment of the claim or on intervening facts relating to
the amount of the claim.
Sec. 750.34 Settlement and payment.
(a) Settlement agreement--(1) When required. A settlement agreement,
signed by the claimant, must be received prior to payment in every case
in which the claim is either:
(i) Settled for less than the full amount claimed, or
(ii) The claim was not presented on a Standard Form 95.
(2) Contents. Every settlement agreement must contain language
indicating payment is in full and final settlement of the applicable
claim. Each settlement agreement shall contain language indicating
acceptance of the settlement amount by the claimant, or his agent or
legal representative, shall be final and conclusive on the claimant, or
his agent or legal representative, and any other person on whose behalf
or for whose benefit the claim has been presented, and shall constitute
a complete release of any claim against the United States and against
any employee of the Government whose conduct gave rise to the claim, by
reason of the same subject matter. 28 CFR 14.10(b). In cases where
partial payment will benefit both claimant and the Government, such as
payment for property damage to an automobile, the settlement agreement
shall be tailored to reflect the terms of the partial settlement. All
settlement agreements shall contain a recitation of the applicable
statutory limitation of attorneys fees. 28 U.S.C. 2678.
(b) DON role in settlement negotiations involving the U.S. Attorney
or DOJ. Agency concurrence is generally sought by the Department of
Justice or U.S. Attorney's office prior to settlement of suits involving
the DON. Requests for concurrence in settlement proposals shall be
referred to the appropriate DON adjudicating authority with primary
responsibility for monitoring the claim. Adjudicating authorities shall
consult with the Judge Advocate General concerning proposed settlements
beyond their adjudicating authority.
(c) Payment of the claim--(1) Statutory authority. Pursuant to 28
U.S.C. 2672
[[Page 397]]
and in accordance with 28 CFR 14.6(a), the Secretary of the Navy or
designee, acting on behalf of the United States, may compromise or
settle any claim filed against the Navy under the FTCA, provided any
award, compromise, or settlement by the Navy in excess of $100,000.00
may be effected only with the prior written approval of the Attorney
General or designee. Title 28 CFR 14.6 requires consultation with the
Department of Justice prior to compromise or settlement of a claim in
any amount when:
(i) A new precedent or a new point of law is involved;
(ii) A question of policy is or may be involved;
(iii) The United States is or may be entitled to indemnity or
contribution from a third party and the agency is unable to adjust the
third party claim;
(iv) The compromise of a particular claim, as a practical matter,
will or may control the disposition of a related claim in which the
amount to be paid may exceed $100,000.00; or
(v) The DON is informed or is otherwise aware that the United States
or an employee, agent, or cost-plus contractor of the United States is
involved in litigation based on a claim arising out of the same incident
or transaction.
(2) Specific delegation and designation--(i) Payment authority.
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Delegated and designated authority Federal Tort Claims Act
------------------------------------------------------------------------
Judge Advocate General................... Unlimited.
Deputy Judge Advocate General............ Unlimited.
Assistant Judge Advocate General (General Unlimited.
Law).
Deputy Assistant Judge Advocate General $100,000.00.
(Claims and Tort Litigation) and Deputy
Division Director.
Head, Federal Tort Claims Branch, Claims $50,000.00.
and Tort Division, OJAG.
Commanding Officers of Naval Legal $25,000.00.
Service Offices; Officers in Charge of
Naval Legal Service Office Detachments
when Specifically Designated by
Cognizant Commanding Officers of Naval
Legal Service Offices.
------------------------------------------------------------------------
Any payment of over $100,000.00 must be approved by the Department
of Justice. In addition, the authority to deny Federal Tort Claims is
double the Federal Tort Claims Act approval authority shown above. The
Judge Advocate General, the Deputy Judge Advocate General, the Assistant
Judge Advocate General (General Law), and the Deputy Assistant Judge
Advocate General (Claims and Tort Litigation) may deny Federal Tort
Claims in any amount.
(ii) Territorial responsibility.
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Responsible command Territory
------------------------------------------------------------------------
NAVLEGSVCOFF Newport...................... Maine, Vermont, New
Hampshire, Massachusetts,
Rhode Island, and
Connecticut.
NAVLEGSVCOFF Philadelphia................. Pennsylvania, New Jersey,
Ohio, and New York.
NAVLEGSVCOFF Washington, DC............... Maryland, the District of
Columbia, and Northern
Virginia area (zip 220-
223).
NAVLEGSVCOFF Norfolk...................... Virginia (less Northern
Virginia area--zip 220-
223), and West Virginia,
North Carolina (counties of
Currituck, Camden,
Pasquotonk, Gates,
Perquimans, Chowan, Dare,
Tyrrell, Washington, Hyde,
Beaufort, Pamlico, Craven,
Jones, Carteret, and Onslow
only), Bermuda, Iceland,
Greenland, Azores, The
Caribbean, The Republics of
Guatemala, El Salvador,
Honduras, Nicaragua, Costa
Rica, and Panama, Belize,
Colombia, Venezuela,
Guyana, French Guiana,
Surinam, Brazil, Bolivia,
Paraguay, Uruguay,
Argentina, and all Atlantic
and Arctic Ocean areas and
islands not otherwise
assigned.
NAVLEGSVCOFF Charleston................... North Carolina (less
counties of Currituck,
Camden, Pasquotonk, Gates,
Perquimans, Chowan, Dare,
Tyrrell, Washington, Hyde,
Beaufort, Pamlico, Craven,
Jones, Carteret, Onslow),
and Georgia (less Counties
of Charlton, Camden, and
Glynn).
NAVLEGSVCOFF Jacksonville................. That portion of Florida east
of the western boundaries
of Gadsen, Liberty, and
Franklin Counties and
Georgia (counties of
Charlton, Camden, and
Glynn).
NAVLEGSVCOFF Pensacola.................... Florida [Pensacola/Panama
City area (zip 324-325)],
Alabama, Louisiana and
Mississippi (that portion
south of Washington,
Humphreys, Holmes, Attala,
Winston, and Noxubee
Counties, and that portion
of the Gulf of Mexico East
of longitude 90 W).
NAVLEGSVCOFF Memphis...................... Missouri, Tennessee,
Kentucky, Arkansas, and
that portion of Mississippi
north of the southern
boundaries of Washington,
Humphreys, Holmes, Attala,
Winston, and Noxubee
Counties.
NAVLEGSVCOFF Great Lakes.................. North Dakota, South Dakota,
Nebraska, Minnesota,
Michigan, Iowa, Wisconsin,
Illinois, and Indiana.
NAVLEGSVCOFF Corpus Christi............... Texas.
NAVLEGSVCOFF San Diego.................... California (Imperial County,
San Diego County, and that
area included in Marine
Corps Base, Camp Pendleton
extending into Orange
County, only), that portion
of Mexico including and
West of the States of
Chihuahua, Durango,
Nayarit, Jalisoc, and
Colima, Pacific Ocean areas
and islands South of
Latitude 45N and East of
Longitude 135W, Ecuador,
Peru, Chile, Arizona, New
Mexico, Oklahoma, and
Nevada (Clark County only).
[[Page 398]]
NAVLEGSVCOFF Long Beach................... That portion of California
in Kern, Santa Barbara,
Ventura, Los Angeles and
Orange Counties (excluding
Marine Corps Base, Camp
Pendleton), Riverside, San
Bernadino, and the China
Lake Naval Weapons Station
Center.
NAVLEGSVCOFF San Francisco................ Northern California
(Counties of San Luis
Obispo, Kings, Tulare,
Inyo, and all counties
North thereof), Colorado,
Nevada (less Clark County),
Utah, and Kansas.
NAVLEGSVCOFF Puget Sound.................. Washington, Oregon, Idaho,
Montanta, Wyoming, and
Alaska.
NAVLEGSVCOFF Pearl Harbor................. Hawaii, including Midway and
Pacific Island possessions
serviced from Hawaii.
NAVLEGSVCOFF Mayport...................... Claims involving commands
located at Naval Station,
Mayport, Florida.
NAVLEGSVCOFF Guam......................... Guam, The Trust Territory of
The Pacific Islands, The
Republic of The Marshall
Island, The Federated
States of Micronesia and
The Commonwealth of The
Northern Marianas.
NAVLEGSVCOFF Yokosuka..................... Japan, Okinawa, Korea, that
portion of the Eurasian
Continent North of latitude
30N and East of longitude
60E, and those Pacific and
Arctic Ocean areas and
islands North of latitude
30N that are East of
longitude 60E and West of
longitude 170w.
NAVLEGSVCOFF Naples....................... Europe, the African
Continent (excluding that
portion thereof assigned to
NLSO Subic Bay), the
Eurasian Continent
(excluding that portion
thereof assigned to NLSO
Yokosuka and NLSO Subic
Bay), and the
Mediterranean.
NAVLEGSVCOFF Subic Bay.................... Philippines, Hong Kong,
Singapore, Diego Garcia,
and unless otherwise
specified, all Pacific and
Indian Ocean areas and
islands located between
longitude 135E and
longitude 15E; Ethiopia,
Somalia, Kenya, Tanzania,
Mozambique, Swaziland,
Lesotho, and South Africa;
that portion of the
Eurasian Continent South of
latitude 30N and East of
longitude 60E.
------------------------------------------------------------------------
(3) Funding. Claims approved for $2,500.00 or less are paid from DON
appropriations. Claims approved in excess of $2,500.00 are paid from the
judgment fund and must be forwarded to the United States General
Accounting Office (GAO) for payment. 28 CFR 14.10(a). Claims arising out
of the operation of nonappropriated-fund activities and approved for
payment shall be forwarded to the appropriate nonappropriated-fund
activity for payment.
Sec. 750.35 Attorney's fees.
Attorney's fees are limited to 20 percent of any compromise or
settlement of an administrative claim, and are limited to 25 percent of
any judgment rendered in favor of a plaintiff, or of any settlement
accomplished after suit is filed. These amounts are to be paid out of
the amount awarded and not in addition to the award. 28 U.S.C. 2678.
Sec. 750.36 Time limitations.
(a) Administrative claim. Every claim filed against the United
States under the FTCA must be presented in writing within 2 years after
the claim accrues. 28 U.S.C. 2401(b). Federal law determines the date of
accrual. A claim accrues when the claimant discovers or reasonably
should have discovered the existence of the act giving rise to the
claim. In computing the statutory time period, the day of the incident
is excluded and the day the claim was presented included.
(b) Amendments. Upon timely filing of an amendment to a pending
claim, the DON shall have 6 months to make a final disposition of the
claim as amended, and the claimant's option to file suit under 28 U.S.C.
2675(a) shall not accrue until 6 months after the presentment of an
amendment. 28 CFR 14.2(c).
(c) Suits. A civil action is barred unless suit is filed against the
United States not later than 6 months after the date of mailing of
notice of final denial of the claim. 28 U.S.C. 2401(b). The failure of
the DON to make final disposition of a claim within 6 months after it is
presented shall, at the option of the claimant any time thereafter, be
deemed a final denial of the claim. 28 U.S.C. 2675(a).
Secs. 750.37-750.40 [Reserved]