[Title 32 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 32

National Defense


________________________

Parts 400 to 629

                         Revised as of July 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2023
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 32:
    SUBTITLE A--Department of Defense (Continued)
          Chapter V--Department of the Army                          5
  Finding Aids:
      Table of CFR Titles and Chapters........................     327
      Alphabetical List of Agencies Appearing in the CFR......     347
      List of CFR Sections Affected...........................     357

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                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 32 CFR 507.1 refers 
                       to title 32, part 507, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
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for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not dropped in error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
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this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
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the revision dates of the 50 CFR titles.

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INQUIRIES

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or write to the Director, Office of the Federal Register, National 
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ELECTRONIC SERVICES

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Connect to NARA's website at www.archives.gov/federal-register.
    The eCFR is a regularly updated, unofficial editorial compilation of 
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the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2023







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                               THIS TITLE

    Title 32--National Defense is composed of six volumes. The parts in 
these volumes are arranged in the following order: Parts 1-190, parts 
191-399, parts 400-629, parts 630-699, parts 700-799, and part 800 to 
end. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2023.

    The current regulations issued by the Office of the Secretary of 
Defense appear in the volumes containing parts 1-190 and parts 191-399; 
those issued by the Department of the Army appear in the volumes 
containing parts 400-629 and parts 630-699; those issued by the 
Department of the Navy appear in the volume containing parts 700-799, 
and those issued by the Department of the Air Force, Defense Logistics 
Agency, Selective Service System, Office of the Director of National 
Intelligence, National Counterintelligence Center, Central Intelligence 
Agency, Information Security Oversight Office (National Archives and 
Records Administration), National Security Council, Office of Science 
and Technology Policy, Office for Micronesian Status Negotiations, and 
Office of the Vice President of the United States appear in the volume 
containing part 800 to end.

    For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

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                       TITLE 32--NATIONAL DEFENSE




                  (This book contains parts 400 to 629)

  --------------------------------------------------------------------

              SUBTITLE A--Department of Defense (Continued)

                                                                    Part

chapter v--Department of the Army...........................         504


Abbreviations Used in This Chapter:
    AGCT = Army General Classification Test. AGO = Adjutant General's 
  Office. APP = Army Procurement Procedure. AR = Army Regulations. ASPR 
  = Armed Services Procurement Regulations. ATC = Air Transport Command. 
  A. W. = Articles of War. AWOL = Absent Without Leave. Comp. Gen. = 
  Comptroller General. OCF = Office, Chief of Finance. ROTC = Reserve 
  Officer's Training Corps. ZI = Zone of Interior.

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              Subtitle A--Department of Defense (Continued)

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                    CHAPTER V--DEPARTMENT OF THE ARMY




  --------------------------------------------------------------------

       SUBCHAPTER A--AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS
Part                                                                Page
400-500

[Reserved]

507             Manufacture, sale, wear, and quality control 
                    of heraldic items.......................           7
510             Chaplains...................................          14
516             Litigation..................................          14
525             Entry authorization regulation for Kwajalein 
                    Missile Range...........................          70
                    SUBCHAPTER B--CLAIMS AND ACCOUNTS
534             Military court fees.........................          78
536             Claims against the United States............          82
537             Claims on behalf of the United States.......         157
                    SUBCHAPTER C--MILITARY EDUCATION
543-544

[Reserved].Q??

       SUBCHAPTER D--MILITARY RESERVATIONS AND NATIONAL CEMETERIES
552             Regulations affecting military reservations.         169
553             Army cemeteries.............................         226
                    SUBCHAPTER E--ORGANIZED RESERVES
564             National Guard regulations..................         255
                         SUBCHAPTER F--PERSONNEL
581             Personnel review board......................         263
583

Former personnel [Reserved].Q??

                        SUBCHAPTER G--PROCUREMENT
619

[Reserved].Q??

                  SUBCHAPTER H--SUPPLIES AND EQUIPMENT
621             Loan and sale of property...................         273
623             Loan of Army materiel.......................         284
626-629

[Reserved]

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       SUBCHAPTER A_AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS



                        PARTS 400	500 [RESERVED]



PART 507_MANUFACTURE, SALE, WEAR, AND QUALITY CONTROL OF HERALDIC ITEMS-
-Table of Contents



                         Subpart A_Introduction

Sec.
507.1 Purpose.
507.2 References.
507.3 Explanation of abbreviations and terms.
507.4 Responsibilities.
507.5 Statutory authority.

   Subpart B_Manufacture and Sale of Decorations, Badges, and Insignia

507.6 Authority to manufacture.
507.7 Certification of controlled heraldic items.
507.8 Authority to sell.
507.9 Reproduction of designs.
507.10 Incorporation of designs or likenesses of approved designs in 
          commercial articles.
507.11 Possession and wear.

               Subpart C_Heraldic Quality Control Program

507.12 General.
507.13 Controlled heraldic items.
507.14 Articles not authorized for manufacture or commercial sale.
507.15 Violations and penalties.
507.16 Processing complaints of alleged breach of policies.

Subpart D_License and Manufacture of the Service Flag and Service Lapel 
                                 Button

507.17 Authority to manufacture.
507.18 Application for licensing.

    Authority: 10 U.S.C. 7594; 18 U.S.C 701, 704; 36 U.S.C. 901.

    Source: 86 FR 54616, Oct. 4, 2021, unless otherwise noted.



                         Subpart A_Introduction



Sec.  507.1  Purpose.

    This part prescribes the Department of the Army policy governing the 
manufacture, commercial sale, reproduction, possession, and wear of 
military decorations, medals, badges, insignia, and their components and 
appurtenances. It also establishes the Heraldic Quality Control Program 
to improve the appearance of the Army by controlling the quality of 
heraldic items purchased from commercial sources.



Sec.  507.2  References.

    Related publications are listed in paragraphs (a) through (d) of 
this section. (A related publication is merely a source of additional 
information. The user does not have to read it to understand this part.)
    (a) Department of Defense Manual 1348.33, Volume 3, Manual of 
Military Decorations and Awards: DoD-Wide Personal Performance and Valor 
Decorations. (Available at https://www.esd.whs.mil/Directives/issuances/
dodm/).
    (b) Army Regulation 360-1, Army Public Affairs Program. (Available 
at https://armypubs.army.mil/ProductMaps/PubForm/AR.aspx).
    (c) Army Regulation 670-1, Wear and Appearance of Army Uniforms and 
Insignia. (Available at https://armypubs.army.mil/ProductMaps/PubForm/
AR.aspx).
    (d) Army Regulation 840-1, Department of the Army Seal, and Emblem 
and Branch of Service Plaques. (Available at https://armypubs.army.mil/
ProductMaps/PubForm/AR.aspx).
    (e) Army Regulation 27-60, Intellectual Property. (Available at 
https://armypubs.army.mil/ProductMaps/PubForm/AR.aspx).



Sec.  507.3  Explanation of abbreviations and terms.

    (a) Abbreviations. (1) CFR--Code of Federal Regulations.
    (2) DA--Department of the Army.
    (3) DAASA--Deputy Administrative Assistant to the Secretary of the 
Army.
    (4) DLA--Defense Logistics Agency.
    (5) DUI--Distinctive unit insignia.
    (6) ID--Identification
    (7) MCS--Military Clothing Store.

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    (8) RDI--Regimental Distinctive Insignia.
    (9) ROTC--Reserve Officers' Training Corps.
    (10) SSI--Shoulder sleeve insignia.
    (11) TIOH--The Institute of Heraldry.
    (12) U.S.C.--United States Code.
    (b) Terms--(1) Appurtenances. Devices such as stars, letters, 
numerals, or clasps worn on the suspension ribbon of the medal, or on 
the ribbon bar that indicate additional awards, participation in 
specific events, or other distinguishing characteristics of the award.
    (2) Awards. An all-inclusive term that consists of any decoration, 
medal, badge, ribbon, or appurtenance bestowed on an individual or unit.
    (3) Badge. An award given to an individual for identification 
purposes or that is awarded for attaining a special skill or 
proficiency. Certain badges are available in full, miniature, and dress 
miniature sizes.
    (4) Cartoon. A drawing, six times actual size, showing placement of 
stitches, color of yarn and number of stitches.
    (5) Certified manufacturer. A manufacturer who demonstrated the 
capability to manufacture controlled heraldic items according to 
Government standards.
    (6) Certificate of authority to manufacture. A certificate assigning 
manufacturers a hallmark and authorizing manufacture of heraldic items.
    (7) Decoration. An award given to an individual as a distinctively 
designed mark of honor denoting heroism or meritorious or outstanding 
service or achievement.
    (8) Die. The block of steel that is used to form a metal insignia 
and is the intricate three dimensional reversed design of the insignia 
cut into the surface of a block of steel.
    (9) Hallmark. A distinguishing mark consisting of a letter and 
numbers assigned to certified manufacturers for use in identifying 
manufacturers of insignia.
    (10) Heraldic items. All items worn on the uniform to indicate unit, 
skill, branch, award or identification and for which a design has been 
established by TIOH on an official drawing.
    (11) Heraldic Quality Control Program. A program that improves the 
public image of the Army by controlling the quality of insignia 
purchased from commercial sources.
    (12) Hub. The block of steel that is used to form a die and is the 
intricate three dimensional raised design of the insignia cut into the 
surface of a block of steel.
    (13) Lapel button. A miniature enameled replica of an award, which 
is worn only on civilian clothing.
    (14) Letter of agreement. A letter signed by manufacturers before 
certification, stating that the manufacturer agrees to produce heraldic 
items in accordance with specific requirements.
    (15) Letter of authorization. A letter issued by TIOH that 
authorizes the manufacture of a specific heraldic item after quality 
assurance inspection of a preproduction sample.
    (16) Medal. An award issued to an individual for the performance of 
certain duties, acts, or services, consisting of a suspension ribbon 
made in distinctive colors and from which hangs a medallion.
    (17) Rosette. A lapel device created from gathering the suspension 
ribbon of a medal into a circular shape. The device is worn on the lapel 
of civilian clothing.
    (18) Service medal. An award made to personnel who participated in 
designated wars, campaigns, or expeditions or who have fulfilled 
specified service requirements in a creditable manner.
    (19) Tools. The generic term used for hubs, dies, cartoons, and 
drawings used in the manufacture of heraldic items.
    (20) Unit award. An award made to an operating unit, which is worn 
by members of that unit who participated in the cited action (permanent 
unit award).



Sec.  507.4  Responsibilities.

    The Director of The Institute of Heraldry (TIOH) will--
    (a) Monitor the overall operation of the Heraldic Quality Control 
Program.
    (b) Establish policy and procedures to:
    (1) Certify manufacturers of insignia and plaques.
    (2) Control the manufacture and quality assurance of military 
decorations, the DA seal and emblem, Branch

[[Page 9]]

of Service plaques, and other heraldic items.
    (3) Grant certificates of authority for the manufacture and 
commercial sale of Service flags and Service lapel buttons.
    (4) Provide heraldic services to the Executive branch, Department of 
Defense, and other Federal agencies on a reimbursable basis.
    (5) Provide advisory opinions on the use of Army heraldic items for 
licensing or other commercial purposes (for example, the Army Emblem, 
Army Flag, unit insignia, and items approved for wear on uniforms), at 
the request of the Army Trademark Licensing Program.



Sec.  507.5  Statutory authority.

    (a) The manufacture, commercial sale, possession, and reproduction 
of badges, identification cards, insignia, or other designs prescribed 
by the head of a U.S. department or agency, or colorable imitations of 
them, are governed by Title 18, United States Code, section 701 (18 
U.S.C. 701).
    (b) The wear, manufacture, and commercial sale of military 
decorations, medals, badges, and their components and appurtenances, or 
colorable imitations thereof, are governed by 18 U.S.C. 704.
    (c) The Army's providing heraldic services to other Military 
departments and Federal agencies is governed by 10 U.S.C. 7594.
    (d) The display of and license to manufacture and sell the approved 
Service flag or Service lapel button is governed by 36 U.S.C. 901.
    (e) The ownership and licensing of trademarks, service marks, and 
collective marks such as DUI, RDI, SSI, and other Army-owned heraldic 
insignia are governed by 15 U.S.C. 1051 et seq., and 10 U.S.C. 2260.



   Subpart B_Manufacture and Sale of Decorations, Badges, and Insignia



Sec.  507.6  Authority to manufacture.

    (a) Only manufacturers that TIOH has certified and has issued a 
certificate of authority to may produce heraldic items.
    (1) TIOH will issue a certificate of authority to manufacturers who 
can demonstrate they have the capability to manufacture controlled 
heraldic items according to Government specifications or purchase 
descriptions through the certification process.
    (2) The certificate of authority to manufacture is applicable only 
for the individual, firm, or corporation indicated and will be valid for 
5 years.
    (3) TIOH will assign a hallmark to each certified manufacturer. All 
controlled heraldic items manufactured for commercial sale will bear the 
manufacturer's hallmark.
    (4) TIOH exclusively uses the ``IOH'' hallmark for the development 
of new controlled heraldic items; it is not authorized for use on items 
for commercial sale.
    (b) A certificate of authority to manufacture may be revoked or 
suspended under the procedures prescribed in Sec.  507.16.
    (c) A list of certified manufacturers is on the TIOH web page at 
https://tioh.army.mil/.



Sec.  507.7  Certification of controlled heraldic items.

    (a) The manufacture and commercial sale of controlled heraldic items 
are not authorized until the certified manufacturer receives a letter of 
authorization from TIOH. Manufacturers who want to manufacture and sell 
controlled heraldic items must submit four production samples of each 
item to TIOH for authorization. If TIOH approves the production samples, 
it will provide a letter of authorization to manufacture along with one 
certified production sample to the manufacturer. Letters of 
authorization for certified heraldic items are valid for 5 years.
    (b) The Director of TIOH may revoke or suspend a letter of 
authorization for failure to manufacture the heraldic item in accordance 
with applicable Government specifications.



Sec.  507.8  Authority to sell.

    No certificate of authority to manufacture is required for selling 
controlled heraldic items listed in Sec.  507.13. However, all sellers 
must ensure that

[[Page 10]]

all articles they sell bear hallmarks assigned by TIOH and are 
manufactured by certified manufacturers in conformance with applicable 
Government specifications.



Sec.  507.9  Reproduction of designs.

    (a) The photographing or printing of any decoration, service medal, 
service ribbon, badge, lapel button, insignia, or other device of a 
design the Secretary of the Army has prescribed for members of the Army 
to use is authorized, provided that such reproduction does not discredit 
the U.S. Army and is not used to defraud or misrepresent the 
identification or status of an individual, organization, society, or 
other group of persons.
    (b) The making or executing in any manner of any engraving, 
impression, or colorable imitation in the likeness of any decoration, 
service medal, service ribbon, badge, lapel button, insignia, or other 
device of a design the Secretary of the Army has prescribed for members 
of the Army to use is prohibited without prior approval in writing from 
the Army Trademark Licensing Program.
    (c) Except when used to illustrate a particular article that is 
offered for commercial sale, Army Regulation 360-1, paragraph 8-9e, 
prohibits the use of Army themes, material, uniforms, or insignia in 
advertisements and promotions for entertainment-oriented products that 
could imply Army endorsement of the product. Direct requests to the 
Chief, Public Affairs (SAPA-ZA), 1500 Army Pentagon, Washington, DC 
20310-1500.



Sec.  507.10  Incorporation of designs or likenesses of approved 
designs in commercial articles.

    (a) Federal law and Army policy restrict the use of military 
designs. The manufacture of articles for commercial sale that 
incorporate designs or likenesses of decorations, service medals, 
service ribbons, and lapel buttons is prohibited. Certain designs or 
likenesses of insignia, such as badges or organizational insignia, may 
be incorporated in articles manufactured for commercial sale, provided 
that the Army Trademark Licensing Program has granted permission in 
writing as specified in paragraph (b) of this section.
    (b) The Army Trademark Licensing Program is responsible for 
reviewing requests for permission to incorporate certain insignia and 
other Army-owned marks in articles manufactured for commercial sale. 
Requests should be directed to the Director, Army Trademark Licensing 
Program, 2530 Crystal Drive, Suite 12140, Arlington, VA 22202-3934.



Sec.  507.11  Possession and wear.

    (a) The wearing of any decoration, service medal, badge, service 
ribbon, lapel button, or insignia that the Army has prescribed or 
authorized by any person not properly authorized to wear such device or 
the use of any decoration, service medal, badge, service ribbon, lapel 
button, or insignia to misrepresent the identification or status of the 
person by whom such is worn is prohibited. Any person who violates this 
paragraph (a) is subject to punishment as prescribed in the statutes 
referred to in Sec.  507.5.
    (b) Mere possession by a person of any of the articles prescribed in 
Sec.  507.13 (except identification cards) is authorized, provided that 
such possession is not used to defraud or misrepresent the 
identification or status of the individual concerned.
    (c) Articles specified in Sec.  507.13, or any distinctive parts 
(including suspension ribbons and service ribbons) or colorable 
imitations thereof, will not be used by any organization, society, or 
other group of persons without prior approval in writing by the Army 
Trademark Licensing Program as specified in Sec.  507.10(b).



               Subpart C_Heraldic Quality Control Program



Sec.  507.12  General.

    The Heraldic Quality Control Program provides a method for ensuring 
that controlled heraldic items are manufactured by certified 
manufacturers in accordance with Government specifications. The design 
of metal insignia will be an exact duplicate of the design of the 
Government die or loaned hub from which the certified manufacturer's 
working die is extracted. The

[[Page 11]]

design of textile insignia will be embroidered in accordance with 
Government-furnished specification and cartoon.



Sec.  507.13  Controlled heraldic items.

    (a) Controlled heraldic items will be manufactured in accordance 
with Government specifications, using Government loaned hubs, dies, or 
cartoons, by TIOH-certified manufacturers.
    (b) The heraldic items listed in paragraphs (b)(1) through (13) of 
this section are controlled and authorized for manufacture and 
commercial sale under the Heraldic Quality Control Program when 
specifically authorized by TIOH.
    (1) All authorized appurtenances and devices for decorations, 
medals, and ribbons such as oak leaf clusters, service stars, 
arrowheads, ``V'' device, and clasps.
    (2) Combat, special skill, and qualification badges and bars.
    (3) Identification badges.
    (4) All approved Shoulder Sleeve Insignia.
    (5) All approved Distinctive Unit Insignia.
    (6) All approved Regimental Distinctive Insignia.
    (7) All approved Combat Service Identification Badges.
    (8) Fourrag[egrave]res and lanyards.
    (9) Lapel buttons.
    (10) Decorations, service medals, and ribbons, except for the Medal 
of Honor.
    (11) Replicas of decorations and service medals for grave markers. 
Replicas are to be at least twice the size prescribed for decorations 
and service medals.
    (12) Service ribbons and unit awards.
    (13) Rosettes, except for the Medal of Honor.
    (c) Deviations from the prescribed specifications for the items 
listed in paragraph (b) of this section are not permitted without prior 
approval, in writing, by TIOH.
    (d) Hubs, dies, and cartoons are not provided to manufacturers for 
the following items. However, manufacturing will be in accordance with 
the Government-furnished drawing.
    (1) Shoulder Loop Insignia, Reserve Officers' Training Corps (ROTC), 
U.S. Army.
    (2) Institutional SSI, ROTC, U.S. Army.
    (3) Background trimming/flashes, U.S. Army.
    (4) Hand-embroidered bullion insignia.



Sec.  507.14  Articles not authorized for manufacture or commercial sale.

    The following articles are not authorized for manufacture and 
commercial sale, except under contract with the Defense Logistics 
Agency, Troop Support (DLA Troop Support):
    (a) The Medal of Honor.
    (b) Service ribbon for the Medal of Honor.
    (c) Medal of Honor Rosette.
    (d) Medal of Honor Flag.
    (e) Military Department Service flags (prescribed in Army Regulation 
840-10).
    (f) Articles for commercial sale that incorporate designs or 
likenesses of insignia listed in Sec.  507.13, except when authorized in 
writing by the Army Trademark Licensing Program as specified in Sec.  
507.10(b).



Sec.  507.15  Violations and penalties.

    (a) TIOH will revoke a certificate of authority to manufacture when 
the holder intentionally violates any of the provisions of this part or 
does not comply with the agreement the manufacturer signed to receive a 
certificate.
    (b) Violations are also subject to penalties as prescribed in the 
statutes referred to in Sec.  507.5.
    (c) Repetition or continuation of violations after official notice 
will be deemed as corroborating evidence of intentional violation.



Sec.  507.16  Processing complaints of alleged breach of policies.

    (a) Suspension or revocation of a certificate of authority to 
manufacture. TIOH may suspend or revoke a certificate of authority to 
manufacture if the manufacturer breaches quality control policies. The 
term ``quality control policies'' includes the obligation of a 
manufacturer to produce insignia in accordance with all applicable 
Government specifications, manufacturing drawings, and cartoons and 
other applicable instructions TIOH provided. Breaches of quality control 
policies may be identified by TIOH through the

[[Page 12]]

Quality Control Inspection Program or through registered complaints to 
TIOH.
    (b) Reporting alleged breach of quality control. Complaints and 
reports of an alleged breach of quality control policies will be 
forwarded to the Director, The Institute of Heraldry, 9325 Gunston Road, 
Room S113, Fort Belvoir, VA 22060-5579.
    (c) Informal investigation of allegations. The Director may decide 
to suspend or revoke a certificate of authority to a manufacture based 
on evidence gathered during a TIOH heraldic quality control inspection 
or from a registered complaint. The Director may initiate an informal 
investigation of an allegation of breach(es) of the heraldic quality 
control policy.
    (d) Heraldic Quality Control Inspection Program. (1) TIOH will 
conduct periodic quality control inspections of on hand stocks of 
heraldic items maintained by:
    (i) Exchange military clothing stores.
    (ii) Certified manufacturers.
    (2) Upon completion of quality control inspections, TIOH will 
provide a report of deficiencies to the appropriate retail outlet or 
Commander, DLA Troop Support, and the certified manufacturer responsible 
for the production of the item. The notification to the manufacturer 
will require assurances of compliance with quality control policies. The 
report of deficiencies will be reviewed upon recertification of the 
manufacturer. Any recurrence of the same breach will be considered a 
refusal to perform, and the Director will take further action to suspend 
or revoke certification.
    (e) Complaint of alleged breach of quality control policy. (1) If an 
investigation is initiated, the appointed investigator will impartially 
ascertain facts and gather appropriate evidence to substantiate or 
invalidate allegations of impropriety. The investigator will submit a 
report containing a summarized record of the investigation with findings 
of each allegation and supporting evidence to the Director.
    (2) If the investigation substantiates allegation(s) of a breach of 
quality control, the Director will notify the manufacturer in writing 
that the Director is contemplating suspending or revoking the 
certificate. The notification will include:
    (i) The specific allegations and findings of the investigator;
    (ii) All evidence provided to the Director in the investigation;
    (iii) A citation to this part as the authority under which the 
Director may suspend or revoke the certificate of authority if the 
situation warrants after the manufacturer has had an opportunity to 
reply;
    (iv) What actions, if the allegations are undisputed, are required 
to provide adequate assurance that future performance will conform to 
quality control policies;
    (v) The right to reply within 45 days of receipt of the notification 
in order to submit additional materials and evidence for consideration, 
to refute the allegations, or provide assurances that future performance 
will conform to quality control policies; and
    (vi) That a failure to reply within 45 days, or if there is any 
recurrence of the same breach will be considered a refusal to perform, 
and the Director will take further action to suspend or revoke 
certification.
    (f) Refusal to perform. (1) If the manufacturer fails to reply 
within a reasonable time to the letter authorized by paragraph (e) of 
this section, refuses to give adequate assurances that future 
performance will conform to quality control policies, indicates by 
subsequent conduct that the breach is continuous or repetitive, or 
disputes the allegations of breach, the Director will direct that a 
public hearing be conducted on the allegations.
    (2) A hearing examiner will be appointed by appropriate orders. The 
examiner may be either a commissioned officer or a civilian employee 
above the grade of GS-7.
    (3) The specific written allegations, together with other pertinent 
material, will be transmitted to the hearing examiner for introduction 
as evidence at the hearing.
    (4) For failure to return a loaned tool, manufacturers may be 
suspended without referral to a hearing specified in paragraph (f)(1) of 
this section; however, the manufacturer will be advised, in writing, 
that tools are overdue and

[[Page 13]]

suspension will take effect if tools are not returned within the 
specified time.
    (g) Notification to the manufacturer by examiner. Within a 7-day 
period following the receipt by the examiner of the allegations and 
other pertinent material, the examiner will transmit a registered letter 
of notification to the manufacturer informing him or her of the--
    (1) Specific allegations.
    (2) Directive of the Director requiring the holding of a public 
hearing on the allegations.
    (3) Examiner's decision to hold the public hearing at a specific 
time, date, and place that will be not earlier than 30 days from the 
date of the letter of notification.
    (4) Ultimate authority of the Director to suspend or revoke the 
certificate of authority if the record developed at the hearing so 
warrants.
    (5) Right to--
    (i) A full and fair public hearing.
    (ii) Be represented by counsel during the hearing at no cost to the 
Government.
    (iii) Request a change in the date, time, or place of the hearing, 
for purposes of having reasonable time in which to prepare the case.
    (iv) Submit evidence and present witnesses in his or her own behalf.
    (v) Obtain at no cost a verbatim transcript of the proceedings, upon 
written request filed before the commencement of the hearing.
    (h) Public hearing by examiner. (1) At the time, date, and place 
designated in accordance with paragraph (g)(3) of this section, the 
examiner will conduct the public hearing.
    (i) A verbatim record of the proceedings will be maintained.
    (ii) All previous material received by the examiner will be 
introduced into evidence and made part of the record.
    (iii) The Government may be represented by counsel at the hearing.
    (2) Subsequent to the conclusion of the hearing, the examiner will 
make specific findings on the record before him or her concerning each 
allegation.
    (3) The complete record of the case will be forwarded to the 
Director.
    (i) Action by the Director. (1) The Director will review the record 
of the hearing and either approve or disapprove the findings.
    (2) Upon arrival of a finding of breach of quality control policies, 
the manufacturer will be so advised.
    (3) After review of the findings, the certificate of authority may 
be revoked or suspended. If the certificate of authority is revoked or 
suspended, the Director will--
    (i) Notify the manufacturer of the revocation or suspension.
    (ii) Remove the manufacturer from the list of certified 
manufacturers.
    (iii) Inform the Army & Air Force Exchange Service (AAFES) and the 
Defense Logistics Agency-Troop Support of the action.
    (j) Reinstatement of certificate of authority. Upon receipt of 
adequate assurance that the manufacturer will comply with quality 
control policies, the Director may reinstate a certificate of authority 
that has been suspended or revoked.



Subpart D_License and Manufacture of the Service Flag and Service Lapel 
                                 Button



Sec.  507.17  Authority to manufacture.

    (a) The Secretary of Defense has designated the Secretary of the 
Army to grant certificates of authority for the manufacture and 
commercial sale of Service flags and Service lapel buttons.
    (b) Any person, firm, or corporation that wishes to manufacture the 
Service flag or lapel button must apply for a certificate of authority 
to manufacture from TIOH.



Sec.  507.18  Application for licensing.

    (a) Applicants who want to manufacture and sell Service flags or 
Service lapel buttons should contact the Director, The Institute of 
Heraldry, 9325 Gunston Road, Room S113, Fort Belvoir, VA 22060-5579, to 
obtain an agreement to manufacture, drawings, and instructions for 
manufacturing the Service flag and Service lapel button.
    (b) Certificates of authority to manufacture Service flags and 
Service lapel buttons will be valid for 5 years from the date of 
issuance, at which time applicants must reapply for a new certificate of 
authority.

[[Page 14]]



PART 510_CHAPLAINS--Table of Contents



    Authority: R.S. 1125; 10 U.S.C. 238.



Sec.  510.1  Private ministrations, sacraments, and ordinances.

    Chaplains will conduct or arrange for appropriate burial services at 
the interment of members of the military service, active and retired, 
and for members of their families upon request. A chaplain may perform 
the marriage rite, provided he complies with the civil law of the place 
where the marriage is to be solemnized and provided all parties 
concerned have complied with the requirements of the denomination the 
chaplain represents and with any directives which may have been issued 
by the military command or higher headquarters. The scope of the 
chaplains' work will include such ministrations as are held by some 
denominations or religious bodies as sacraments and by others as rites 
or ordinances. Chaplains will administer or arrange for rites and 
sacraments for military personnel and civilians under military 
jurisdiction according to the respective beliefs and conscientious 
practices of all concerned.

[16 FR 12931, Dec. 27, 1951]



PART 516_LITIGATION--Table of Contents



                            Subpart A_General

Sec.
516.1 Purpose.
516.2 References.
516.3 Explanation of abbreviations and terms.
516.4 Responsibilities.
516.5 Restriction on contact with DOJ.
516.6 Appearance as counsel.
516.7 Mailing addresses.

                      Subpart B_Service of Process

516.8 General.
516.9 Service of criminal process within the United States.
516.10 Service of civil process within the United States.
516.11 Service of criminal process outside the United States.
516.12 Service of civil process outside the United States.
516.13 Assistance in serving process overseas.
516.14 Service of process on DA or Secretary of Army.

              Subpart C_Reporting Legal Proceedings to HQDA

516.15 General.
516.16 Individual and supervisory procedures upon commencement of legal 
          proceedings.
516.17 SJA or legal adviser procedures.
516.18 Litigation alleging individual liability.
516.19 Injunctive relief.
516.20 Habeas Corpus.
516.21 Litigation against government contractors.
516.22 Miscellaneous reporting requirements.
516.23 Litigation reports.
516.24 Preservation of evidence.
516.25 DA Form 4.
516.26 Unsworn declarations under penalty of perjury.

                     Subpart D_Individual Liability

516.27 Scope.
516.28 Policy.
516.29 Federal statutes and regulations.
516.30 Procedures for obtaining certification and DOJ representation.
516.31 Private counsel at government expense.
516.32 Requests for indemnification.

Subpart E_Legal Proceedings Initiated by the United States Medical Care 
                           and Property Claims

516.33 General.
516.34 Referral of medical care and property claims for litigation.
516.35 Preparation of claims for litigation.

                        Assertion of Other Claims

516.36 Referral to Litigation Division.
516.37 Proceedings to repossess government real property or quarters or 
          to collect delinquent rent.

                   Subpart F_Environmental Litigation

516.38 Scope.
516.39 Duties and procedures.

   Subpart G_Release of Information and Appearance of Witnesses Scope

516.40 General.
516.41 Policy.
516.42 Reference to HQDA.

            Release of Records in Connection With Litigation

516.43 Release of Army and other agency records.

[[Page 15]]

516.44 Determination of release authorization.
516.45 Records determined to be releasable.
516.46 Records determined not to be releasable.

             DA Personnel as Witnesses in Private Litigation

516.47 Response to subpoenas, orders, or requests for witnesses.
516.48 Official information.
516.49 Expert witnesses.
516.50 Interference with mission.

          Litigation in Which the United States Has an Interest

516.51 Response to subpoenas, orders, or requests for witnesses.
516.52 Expert witnesses.
516.53 News media and other inquiries.

                Status, Travel, and Expenses of Witnesses

516.54 Witnesses for the United States.
516.55 Witnesses for a State or private litigant.
516.56 Witnesses before foreign tribunals.

         Subpart H_Remedies in Procurement Fraud and Corruption

516.57 Purpose.
516.58 Policies.
516.59 Duties and procedures.
516.60 Procurement fraud and irregularities programs at MACOMs.
516.61 Reporting requirements.
516.62 PFD and HQ USACIDC coordination.
516.63 Coordination with DOJ.
516.64 Comprehensive remedies plan.
516.65 Litigation reports in civil recovery cases.
516.66 Administrative and contractual actions.
516.67 Overseas cases of fraud or corruption.
516.68 Program Fraud Civil Remedies Act (PFCRA).

        Subpart I_Cooperation With the Office of Special Counsel

516.69 Introduction.
516.70 Policy.
516.71 Duties.
516.72 Procedures.
516.73 Assistance from HQDA.

     Subpart J_Soldiers Summoned To Serve on State and Local Juries

516.74 General.
516.75 Policy.
516.76 Exemption determination authority.
516.77 Procedures for exemption.
516.78 Status, fees, and expenses.

Appendix A to Part 516--References
Appendix B to Part 516--Mailing Addresses
Appendix C to Part 516--Department of Defense Directive 5405.2, Release 
          of Official Information in Litigation and Testimony by DOD 
          Personnel as Witnesses
Appendix D to Part 516--Department of Defense Directive 7050.5, 
          Coordination of Remedies for Fraud and Corruption Related to 
          Procurement Activities
Appendix E to Part 516--Department of Defense Directive 5505.5, 
          Implementation of the Program Fraud Civil Remedies Act
Appendix F to Part 516--Glossary
Appendix G to Part 516--Figures

    Authority: 5 U.S.C. 552; 10 U.S.C. 218, 1037, 1089, 1552, 1553, 
2036; 18 U.S.C. 219, 3401; 28 U.S.C. 50, 513, 515, 543; 31 U.S.C. 3729 
and 41 U.S.C. 51; 42 U.S.C. 290, 2651; 43 U.S.C. 666

    Source: 59 FR 38236, July 27, 1994, unless otherwise noted.



                            Subpart A_General



Sec.  516.1  Purpose.

    (a) This part prescribes policies and procedures for the following:
    (1) Defensive and affirmative litigation in Federal and state 
civilian courts where the Army or DOD has an interest in the matter.
    (2) Proceedings before Federal or state administrative bodies, such 
as utility rate commissions.
    (3) Release of official information and testimony by DA personnel 
with regard to litigation.
    (4) Remedies for procurement fraud and corruption.
    (5) Environmental civil litigation and administrative proceedings.
    (6) Proceedings before the Office of Special Counsel.
    (b) This regulation does not apply to DA or DOD proceedings such as 
courts-martial or administrative boards.



Sec.  516.2  References.

    Applicable publications and forms are listed in appendix A to this 
part.



Sec.  516.3  Explanation of abbreviations and terms.

    (a) The Glossary contains explanations of abbreviations and terms.
    (b) The masculine gender has been used throughout this regulation 
for

[[Page 16]]

simplicity and consistency. Any reference to the masculine gender is 
intended to include women.



Sec.  516.4  Responsibilities.

    (a) United States Department of Justice (DOJ). DOJ will defend 
litigation in domestic and foreign courts, against the United States, 
its agencies and instrumentalities, and employees whose official conduct 
is involved. The various U.S. Attorney Offices, under the oversight of 
the Attorney General, will conduct much of the representation.
    (b) The Judge Advocate General (TJAG). Subject to the ultimate 
control of litigation by DOJ (including the various U.S. Attorney 
Offices), and to the general oversight of litigation by the Army General 
Counsel, TJAG is responsible for litigation in which the Army has an 
interest except with respect to proceedings addressed in paragraph (i) 
of this section, only TJAG (or Chief, Litigation Division) will 
communicate to DOJ the army's position with regard to settlement of a 
case.
    (c) Assistant Judge Advocate General For Civil Law and Litigation 
(AJAG-CL). Responsible to TJAG for litigation issues; supervises Chief, 
Litigation Division.
    (d) Chief, Litigation Division. Reports to AJAG-CL and is 
responsible for the following:
    (1) Supervising litigation in which the Army has an interest.
    (2) Acting for TJAG and Secretary of the Army on litigation issues, 
including the authority to settle or compromise cases, subject to the 
supervision of TJAG and AJAG-CL.
    (3) Delegating cases if appropriate.
    (4) Serving as primary contact with DOJ on litigation.
    (5) Accepting service of process for DA and for the Secretary of the 
Army in his official capacity. See 32 CFR Sec.  257.5).
    (e) Special Assistant U.S. Attorneys (SAUSAs) and DOJ Special 
Attorneys. Army judge advocates and civilian attorneys, when appointed 
as SAUSAs under 28 U.S.C. 543, will represent the Army's interests in 
either criminal or civil matters in Federal court under the following 
circumstances:
    (1) Felony and misdemeanor prosecutions in Federal court. Army 
attorneys, at the installation level, after being duly appointed (See AR 
27-10), will prosecute cases, in which the Army has an interest, in 
Federal court. Army attorneys who prosecute criminal cases will not 
represent the United States in civil litigation without authorization 
from Chief, Litigation Division.
    (2) SAUSAs for civil litigation. By assignment of TJAG and upon the 
approval of the U.S. Attorney, Judge Advocates will serve within a U.S. 
Attorney's office to represent the government in litigation in which the 
Army or DOD has an interest. These Judge Advocates have the same general 
authority and responsibility as an Assistant U.S. Attorney.
    (3) Special Attorneys assigned to DOJ. By assignment of TJAG and 
with the concurrence of the appropriate DOJ official, Judge Advocates 
will work as Special Attorneys for DOJ. Special Attorneys are authorized 
to represent the United States in civil litigation in which the Army or 
DOD has an interest.
    (f) Attorneys at Army activities or commands. SJAs or legal 
advisers, or attorneys assigned to them, will represent the United 
States in litigation only if authorized by this regulation or delegated 
authority in individual cases by the Chief, Litigation Division.
    (g) Commander, U.S. Army Claims Service (USARCS). The Commander, 
USARCS, and USARCS attorneys, subject to AR 27-20, Chapter 4, will 
maintain direct liaison with DOJ in regard to administrative settlement 
of claims under the Federal Tort Claims Act.
    (h) Chief, Contract Law Division, OTJAG. The Chief, Contract Law 
Division, attorneys assigned to the Contract Law Division, and other 
attorneys designated by the Chief, Contract Law Division, in litigation 
involving taxation, will represent DA in negotiation, administrative 
proceedings, and litigation, and maintain liaison with DOJ and other 
governmental authorities.
    (i) Legal Representatives of the Chief of Engineers. The Office of 
Chief Counsel, attorneys assigned thereto, and other attorneys 
designated by the Chief Counsel will maintain direct liaison with DOJ 
and represent DA in litigation and administrative proceedings a

[[Page 17]]

rising from the navigation, civil works, Clean Water Act 404 permit 
authority, environmental response activities, and real property 
functions of the U.S. Army Corps of Engineers.
    (j) Chief Trial Attorney, Contract Appeals Division, USALSA. The 
Chief Trial Attorney, attorneys assigned to the Contract Appeals 
Division, and attorneys designated by the Chief Trial Attorney will 
represent the government before the Armed Services Board of Contract 
Appeals and the General Services Board of Contract Appeals. They will 
maintain direct liaison with DOJ concerning appeals from ASBCA and GSBCA 
decisions. The Chief Trial Attorney has designated COE attorneys to act 
as trial attorneys in connection with COE contract appeals.
    (k) Chief, Regulatory Law Office, USALSA. The Chief, Regulatory Law 
Office, attorneys assigned to the Regulatory Law Office, and other 
attorneys designated by the Chief, will represent DA consumer interests 
in regulatory matters before state and Federal administrative agencies 
and commissions, including but not limited to proceedings involving 
rates and conditions for the purchase of services for communications 
(except long-distance telephone), transportation, and utilities (gas, 
electric, water and sewer). They will maintain direct liaison with DOJ 
for communications, transportation, and utilities litigation.
    (l) Chief, Intellectual Property Law Division, USALSA. The Chief, 
Intellectual Property Law Division, and the attorneys assigned thereto 
will represent DA in matters pertaining to patents, copyrights, and 
trademarks. They will maintain direct liaison with DOJ concerning 
intellectual property issues.
    (m) Chief, Labor and Employment Law Office, OTJAG. The Chief, Labor 
and Employment Law Office, attorneys assigned thereto, and attorneys 
identified as labor counselors will represent DA in matters pertaining 
to labor relations, civilian personnel, and Federal labor standards 
enforcement before the following: Federal Labor Relations Authority; 
Merit Systems Protection Board; Equal Employment Opportunity Commission; 
Department of Labor; National Labor Relations Board; and, state 
workmen's compensation commissions. In the event any individual 
mentioned in this subparagraph intends to make a recommendation to DOJ 
concerning an appeal of any case to a U.S. Court of Appeals, such 
recommendation will first be coordinated with Litigation Division.
    (n) Chief, Procurement Fraud Division, USALSA. The Chief, 
Procurement Fraud Division, attorneys assigned thereto, and other 
attorneys designated by the Chief will represent DA in all procurement 
fraud and corruption matters before the Army suspension and debarment 
authority and before any civil fraud recovery administrative body. They 
will maintain liaison and coordinate remedies with DOJ and other 
agencies in matters of procurement fraud and corruption.
    (o) Chief, Environmental Law Division, USALSA. The Chief, 
Environmental Law Division, attorneys assigned thereto, and other 
attorneys designated by the Chief, ELD, will maintain direct liaison 
with DOJ and represent DA in all environmental and natural resources 
civil litigation and administrative proceedings involving missions and 
functions of DA, its major and subordinate commands, installations 
presently or previously managed by DA, and other sites or issues in 
which DA has a substantial interest, except as otherwise specifically 
provided in this part.
    (p) Chief, Criminal Law Division, OTJAG. The Chief, Criminal Law 
Division, will have general oversight of felony and magistrate court 
prosecutions conducted by Army lawyers acting as Special Assistant U.S. 
Attorneys. (See subpart G of this part). The Chief will coordinate with 
DOJ and other governmental agencies concerning the overall conduct of 
these prosecutions.

[59 FR 38236, July 27, 1994; 59 FR 45974, Sept. 6, 1994]



Sec.  516.5  Restriction on contact with DOJ.

    (a) General rule. Except as authorized by TJAG, the General Counsel, 
the Chief of Litigation Division, or this regulation, no Army personnel 
will confer or correspond with DOJ concerning legal proceedings in which 
the Army has an interest.

[[Page 18]]

    (b) Exceptions. This prohibition does not preclude contact with DOJ 
required by the Memorandum of Understanding between DOJ and DOD relating 
to the investigation and prosecution of certain crimes. (See AR 27-10, 
para 2-7). In addition, an installation SJA or legal adviser is expected 
to maintain a working relationship with the U.S. Attorney in each 
district within his geographical area. An SJA or legal adviser should 
request the U.S. Attorney to advise him immediately when litigation 
involving DA or its personnel is served on the U.S. Attorney.

[59 FR 38236, July 27, 1994; 59 FR 45974, Sept. 6, 1994]



Sec.  516.6  Appearance as counsel.

    (a) General. Military personnel on active duty and DA civilian 
personnel will not appear as counsel before any civilian court or in any 
preliminary proceeding, for example, deposition, in litigation in which 
the Army has an interest without the prior written approval of TJAG, 
except under the following conditions:
    (1) The appearance is authorized by this regulation.
    (2) The individual is a party to the proceeding.
    (3) The appearance is authorized under an expanded legal assistance 
program (See AR 27-3).
    (4) The individual is a judge advocate assigned or detailed by TJAG 
to DOJ to represent the United States in civil or criminal cases, for 
example, a Special Assistant U.S. Attorney, or an attorney assigned to 
Litigation Division.
    (b) Procedure. All requests for appearance as counsel will be made 
through Litigation Division to the Personnel, Plans and Training Office, 
OTJAG. Requests for DA military or civilian attorneys to appear in any 
civilian court or proceeding on behalf of a soldier who is also facing 
UCMJ action will be delivered to the SJA, legal adviser, or Regional 
Defense Counsel, as appropriate. The SJA or legal adviser will forward 
the request to Litigation Division with an evaluation of the case and 
recommendation. Regional Defense Counsel should send requests for USATDS 
counsel to Chief, USATDS, who will forward the request to Litigation 
Division. Privileged or otherwise sensitive client information should 
only be submitted through USATDS channels.



Sec.  516.7  Mailing addresses.

    Mailing addresses for organizations referenced in this regulation 
are in appendix B to this part.



                      Subpart B_Service of Process



Sec.  516.8  General.

    (a) Defined. Process is a legal document that compels a defendant in 
an action to appear in court or to comply with the court's demands, for 
example, in a civil case a summons or subpoena, or in a criminal case, a 
warrant for arrest, indictment, contempt order, subpoena, or summons. 
Service of process is the delivery of the document to a defendant to 
notify him of a claim or charge against him.
    (b) Policy. DA personnel will follow the guidance of this chapter 
when civil officials attempt to serve civil or criminal process on 
individuals on Federal property.
    (c) Procedures. Provost marshals shall ensure that installation law 
enforcement personnel are adequately trained to respond to situations 
which arise with regard to service of civil and criminal process. SJAs 
or legal advisers shall provide guidance to law enforcement personnel in 
these matters.



Sec.  516.9  Service of criminal process within the United States.

    (a) Surrender of personnel. Guidance for surrender of military 
personnel to civilian law enforcement officials is in Chapter 7 of AR 
630-10 and AR l90-9. Army officials will cooperate with civilian law 
enforcement authorities who seek the surrender of a soldier in 
connection with criminal charges. Special rules apply when a bail 
bondsman or other surety seeks custody of a soldier.
    (b) Requests for witnesses or evidence in criminal proceedings. See 
subpart G to this part.

[59 FR 38236, July 27, 1994; 59 FR 45975, Sept. 6, 1994]

[[Page 19]]



Sec.  516.10  Service of civil process within the United States.

    (a) Policy. DA officials will not prevent or evade the service or 
process in legal actions brought against the United States or against 
themselves in their official capacities. If acceptance of service of 
process would interfere with the performance of military duties, Army 
officials may designate a representative to accept service. DA personnel 
sued in their individual capacity should seek legal counsel concerning 
voluntary acceptance of process.
    (b) Request for witnesses or evidence in civil proceedings. See 
subpart G to this part.
    (c) Process of Federal courts. Subject to reasonable restrictions 
imposed by the commander, civil officials will be permitted to serve 
Federal process. (See Fed. R. Civ. P. 4, 45).
    (d) Process of state courts. (1) In areas of exclusive Federal 
jurisdiction that are not subject to the right to serve state process, 
the commander or supervisor will determine whether the individual to be 
served wishes to accept service voluntarily. A JA or other DA attorney 
will inform the individual of the legal effect of voluntary acceptance. 
If the individual does not desire to accept service, the party 
requesting service will be notified that the nature of the exclusive 
Federal jurisdiction precludes service by state authorities on the 
military installation.
    (2) On Federal property where the right to serve process is reserved 
by or granted to the state, in areas of concurrent jurisdiction, or 
where the United States has only a proprietary interest, Army officials 
asked to facilitate service of process will initially proceed as 
provided in the preceding subparagraph. If the individual declines to 
accept service, the requesting party will be allowed to serve the 
process in accordance with applicable state law, subject to reasonable 
restrictions imposed by the commander.
    (e) Process of foreign courts. A U.S. District Court may order 
service upon a person who resides in the judicial district of any 
document issued in connection with a proceeding in a foreign or 
international tribunal. (28 U.S.C. 1696). In addition, the U.S. State 
Department has the power to receive a letter rogatory issued by a 
foreign or international tribunal, to transmit it to a tribunal, officer 
or agency in the United States, and to return it after execution. (28 
U.S.C. 1781). Absent a treaty or agreement to the contrary, these 
provisions will govern.
    (f) Seizure of personal property. State and Federal courts issue 
orders (for example, writ of attachment) authorizing a levy (seizure) of 
property to secure satisfaction of a judgment. DA personnel will comply 
with valid state or Federal court orders commanding or authorizing the 
seizure of private property to the same extent that state or Federal 
process is served.

[59 FR 38236, July 27, 1994; 59 FR 45975, Sept. 6, 1994]



Sec.  516.11  Service of criminal process outside the United States.

    Army Regulation 630-10 and international treaties, such as status of 
forces agreements, govern the service of criminal process of foreign 
courts and the surrender of soldiers to foreign civilian law enforcement 
officials.



Sec.  516.12  Service of civil process outside the United States.

    (a) Process of foreign courts. In foreign countries service of 
process issued by foreign courts will be made under the law of the place 
of service, as modified by status of forces agreements, treaties or 
other agreements. In foreign areas under exclusive U.S. jurisdiction, 
service of process issued by foreign courts will be made under the law 
specified by appropriate U.S. authority.
    (b) Process of Federal courts. Service of process on U.S. citizens 
or residents may be accomplished under the following provisions: The 
Hague Convention, reprinted in 28 USCA Federal Rules of Civil Procedure, 
following Rule 4; Fed. R. Civ. P. 4(i); 28 USC 1781 and 1783; and, the 
rules of the Federal court concerned. If a DA official receives a 
request to serve Federal process on a person overseas, he will determine 
if the individual wishes to accept service voluntarily. Individuals will 
be permitted to seek counsel. If the person will not accept service 
voluntarily, the party requesting service will be notified and advised 
to follow procedures

[[Page 20]]

prescribed by the law of the foreign country concerned.
    (c) Process of state courts. If a DA official receives a request to 
serve state court process on a person overseas, he will determine if the 
individual wishes to accept service voluntarily. Individuals will be 
permitted to seek counsel. If the person will not accept service 
voluntarily, the party requesting service will be notified and advised 
to follow procedures prescribed by the law of the foreign country 
concerned. (See, for example, The Hague Convention, reprinted in 28 USCA 
Federal Rules of Civil Procedure, following Rule 4).
    (d) Suits against the United States. DA personnel served with 
foreign civil process will notify the appropriate SJA or legal adviser, 
who will return the document to the issuing authority explaining the 
lack of authority to accept service for the United States. Service on 
the United States must be made upon DOJ through established diplomatic 
channels.



Sec.  516.13  Assistance in serving process overseas.

    (a) Europe. For information and assistance concerning service of 
process of persons assigned to or accompanying U.S. Forces in Europe, 
contact the Foreign Law Branch, International Law Division, Office of 
The Judge Advocate, Headquarters U.S. Army, Europe, and Seventh Army, 
Unit 29351, (Heidelberg, Germany) APO AE 09014.
    (b) Korea. For information and assistance concerning service of 
process of persons assigned to or accompanying U.S. Forces in Korea, 
contact Staff Judge Advocate, US Forces Korea (Seoul, Republic of 
Korea), APO AP 96205.
    (c) Panama, Central and South America. For information and 
assistance concerning service of process of persons assigned to or 
accompanying forces in the U.S. Army Southern Command, contact Staff 
Judge Advocate, HQ, US Army South, Fort Clayton, Panama, APO AA 34004-
5000.



Sec.  516.14  Service of process on DA or Secretary of Army.

    The Chief, Litigation Division, shall accept service of process for 
Department of the Army or for the Secretary of the Army in his official 
capacity.



              Subpart C_Reporting Legal Proceedings to HQDA



Sec.  516.15  General.

    (a) Legal proceedings requiring reporting. Actions must be taken 
upon commencement of litigation or administrative proceedings in which 
the United States has an interest. Typically, the Secretary of the Army, 
DA, the United States, or DA personnel are named as defendant in a 
lawsuit or as respondent in an administrative proceeding. A nonexclusive 
listing of cases in which the United States has an interest include the 
following:
    (1) Suits for damages, injunctive relief, or other action filed 
against the government or against DA personnel in their official 
capacity.
    (2) Suits alleging individual liability arising from performance of 
official duties by DA personnel.
    (3) Actions affecting DA operations or activities or which might 
require official action by DA personnel.
    (4) Actions arising out of DA contracts, subcontracts, or purchase 
orders wherein the government might be required to reimburse a 
contractor for litigation expenses.
    (5) Bankruptcy proceedings in which the United States or its 
instrumentalities may have an interest, including bankruptcies involving 
government contractors.
    (b) Command and agency responsibility. Commanders and supervisors of 
Army units, installations, or organizations will ensure reports required 
by this section are promptly submitted.
    (c) Reports to HQDA. Reports required by this regulation will be 
made telephonically or mailed to the responsible organization at DA. 
Appendix B to this part contains mailing addresses for these offices. 
Except in the situations described below, reports required by this 
chapter will be made to Litigation Division:
    (1) Actual or potential litigation (or administrative infringement 
claims) involving patents, copyrights, or trademarks will be made to 
Intellectual Property Law Division.

[[Page 21]]

    (2) Reports of pending or prospective litigation involving taxation 
will be made to Contract Law Division.
    (3) Communications, transportation, and utility services reports 
will be made to Regulatory Law Office.
    (4) Reports involving environmental and natural resource litigation 
and administrative proceedings will be made to Environmental Law 
Division.
    (5) Potential civil recovery reports in cases of procurement fraud 
and corruption will be made to Procurement Fraud Division.
    (6) Reports involving the felony prosecution program and magistrate 
court prosecutions will be made to Criminal Law Division, OTJAG.
    (7) Cases before the Armed Services Board of Contract Appeals and 
the General Services Board of Contract Appeals will be made to Contract 
Appeals Division.
    (d) Classified information. Information required by this regulation 
will be submitted in an unclassified form if possible. If downgrading or 
declassification is not feasible, the classified material should be 
separated from the report and forwarded under separate cover.
    (e) Other reporting requirements. Reports required by this chapter 
are in addition to and do not satisfy any other reporting requirement, 
such as the following: notifying the FBI of offenses pursuant to AR 27-
10; submitting serious incident reports pursuant to AR 190-40; reporting 
procurement fraud or other irregularities per Defense Federal 
Acquisition Regulation Supplement, section 209.406-3 (48 CFR 209.406-3); 
reporting the exercise of criminal jurisdiction by foreign tribunals 
over U.S. personnel pursuant to AR 27-50; or, reporting bankruptcies per 
AR 37-103.
    (f) Reports control exemption. The reports required herein are 
exempt from reports control under AR 335-15, paragraphs 3-3a(5) and 5-
2e(4).



Sec.  516.16  Individual and supervisory procedures upon commencement
of legal proceedings.

    (a) Individual procedures. DA personnel served with civil or 
criminal process concerning a proceeding in which the United States has 
an interest (Sec.  516.15) will immediately inform their supervisor and 
furnish copies of process and pleadings. There is no requirement to 
notify supervisors of purely private litigation.
    (b) Supervisory procedures. When supervisors learn that legal 
proceedings in which the United States has an interest have commenced, 
the supervisor will forward a copy of all process and pleadings, along 
with other readily available information, to the SJA or legal adviser. 
If no legal officer is available locally, the documents will be 
forwarded to the SJA or legal adviser of the next higher headquarters.



Sec.  516.17  SJA or legal adviser procedures.

    (a) Immediate notice to HQDA. When an SJA or legal adviser learns of 
litigation in which the United States has an interest, and it appears 
that HQDA is not aware of the action, the SJA or legal adviser will 
telephonically notify the responsible HQDA office. (See Sec.  
516.15(c)). Immediate notice is particularly important when litigation 
involves one of the following: a lawsuit against an employee in his 
individual capacity; a motion for a temporary restraining order or 
preliminary injunction; a habeas corpus proceeding; a judicial or 
administrative proceeding involving less than 60 days to file an answer; 
and, actions with possible Congressional, Secretarial, or Army Staff 
interest. For legal proceedings instituted in foreign tribunals, the SJA 
or legal adviser will also notify the major overseas commander concerned 
and the appropriate U.S. Embassy or Legation. A telephonic report to 
HQDA should include the following:
    (1) Title or style of the proceeding.
    (2) Full names and addresses of the parties.
    (3) Tribunal in which the action is filed, date filed, docket 
number, when and on whom service of process was made, and date by which 
pleading or response is required.
    (4) Nature of the action, amount claimed or relief sought.
    (5) Reasons for immediate action.
    (b) Transmission of process, pleadings, and related papers. Unless 
instructed otherwise by HQDA, the SJA or legal adviser will FAX or mail 
HQDA a copy

[[Page 22]]

of all process, pleadings, and related papers. Use of express mail or 
overnight delivery service is authorized.
    (c) Notice to U.S. Attorney. If the legal proceeding is instituted 
in the United States, the SJA or legal adviser, unless instructed 
otherwise by HQDA, will notify the appropriate U.S. Attorney and render 
assistance as required.



Sec.  516.18  Litigation alleging individual liability.

    See subpart D for procedures to follow when DA personnel, as a 
result of performance of official duties, are either sued in their 
individual capacities or face criminal charges.



Sec.  516.19  Injunctive relief.

    (a) General. Plaintiffs may attempt to force government action or 
restraint in important operational matters or pending personnel actions 
through motions for temporary restraining orders (TRO) or preliminary 
injunctions (PI). Because these actions can quickly impede military 
functions, immediate and decisive action must be taken.
    (b) Notification to HQDA and U.S. Attorney. The SJA or legal adviser 
will immediately notify Litigation Division or other appropriate office 
at HQDA when a motion for TRO or PI has been, or is about to be, filed. 
The SJA or legal adviser will also notify the responsible U.S. Attorney.
    (c) Actions by SJA or legal adviser. The SJA or legal adviser will 
assist the DOJ or DA attorney responsible for the litigation. 
Installation attorneys or support personnel should begin accumulating 
relevant documentary evidence and identifying witnesses. If requested, 
installation attorneys will prepare a legal memorandum concerning the 
motion, giving particular attention to the following issues relevant to 
a court granting injunctive relief:
    (1) Plaintiff's likelihood of success on the merits.
    (2) Whether plaintiff will be irreparably harmed if injunctive 
relief is not granted.
    (3) Harm to defendant and other parties if injunctive relief is 
granted.
    (4) The public interest.



Sec.  516.20  Habeas Corpus.

    (a) General. A soldier may file a writ of habeas corpus to challenge 
his continued custody (usually in a post court-martial situation) or 
retention in the Army. As is the case with injunctive relief in the 
preceding paragraph, installation SJAs and legal advisers must take 
immediate action.
    (b) Notification to Litigation Division and U.S. Attorney. The SJA 
or legal adviser will notify Litigation Division and the responsible 
U.S. Attorney's Office immediately upon learning that a petition for 
writ of habeas corpus has been filed. All relevant documentary evidence 
supporting the challenged action should be assembled immediately.
    (c) Procedures in habeas corpus. Upon the filing of a petition for a 
writ of habeas corpus, the court will dismiss the petition, issue the 
writ, or order the respondent to show cause why it should not be 
granted. If a writ or order to show cause is issued, the SJA or legal 
adviser should be prepared to assist the responsible Litigation Division 
or DOJ attorney in preparing a return and answer. If so directed, the 
SJA will also prepare a memorandum of points and authorities to 
accompany the return and answer. The government's response should cover 
the following: whether the Army has custody of petitioner; whether 
respondent and petitioner are within the judicial district; and, whether 
appellate or administrative remedies have been exhausted.
    (d) Writs or orders issued by state courts. No state court, after 
being judicially informed that a petitioner is in custody under the 
authority of the United States, should interfere with that custody or 
require that petitioner be brought before the state court. A deserter, 
apprehended by any civil officer having authority to apprehend offenders 
under the laws of the United States or of any state, district, 
territory, or possession of the United States, is in custody by 
authority of the United States. If a writ of habeas corpus is issued by 
a state court, the SJA or legal adviser will seek guidance from 
Litigation Division.
    (e) Foreign court orders. A foreign court should not inquire into 
the legality of restraint of a person held by U.S. military authority. 
If a foreign court

[[Page 23]]

issues any process in the nature of a writ of habeas corpus, the SJA or 
legal adviser will immediately report the matter to the appropriate U.S. 
forces commander and to Litigation Division.



Sec.  516.21  Litigation against government contractors.

    (a) General. A contract might require that the government reimburse 
a contractor (or subcontractor) for adverse judgments or litigation 
expenses. Unless a contractor or subcontractor facing a lawsuit requests 
representation by DOJ, the Army presumes the contractor will obtain 
private counsel to defend the case. If the contract so allows, however, 
the contractor may request and HQDA may recommend that DOJ represent the 
contractor if it is in the best interests of the United States.
    (b) Actions by SJA or legal adviser. If a contractor or 
subcontractor faces litigation and the underlying contract with the 
government requires reimbursement for adverse judgments or costs of the 
litigation, the SJA or legal adviser, through the contracting officer, 
should determine if the contractor desires representation by DOJ. If so, 
the contractor or authorized agent will sign a request for 
representation. (See figure D-3, appendix G, of this part.) The SJA or 
legal adviser will determine whether, in his opinion, representation by 
DOJ should be granted. He will prepare a memorandum to support his 
recommendation, especially concerning any issue regarding the 
government's obligation to reimburse the contractor under the contract. 
The SJA or legal adviser will forward his memorandum, along with the 
contractor's request, to Litigation Division.
    (c) Actions by Litigation Division. The Chief, Litigation Division, 
will evaluate the submission and decide if it is in the Army's best 
interest that the request be granted. He will prepare a memorandum 
supporting his decision and send the packet to DOJ. The Chief's decision 
constitutes the final DA position on the matter. If DOJ grants the 
contractor's request, the Chief, Litigation Division, will ensure that 
the contractor is notified through the SJA or legal adviser and the 
contracting officer.
    (d) Private Counsel. A contractor represented by DOJ may ask that 
private counsel assist the DOJ attorney in the litigation. The DOJ 
attorney will remain in control of the litigation, and the fees for 
private counsel will not be reimbursable except under unusual 
circumstances. The contractor must seek both DOJ and DA approval to 
employ private counsel when DOJ representation has been granted. Even if 
DOJ and DA grant authority to employ private counsel, the contracting 
officer will determine whether a contractor will be reimbursed under the 
contract for private counsel.
    (e) Settlement. The contractor, unless the contract specifies 
otherwise, will ultimately decide whether to compromise a suit. 
Reimbursement under the contract is determined by the contracting 
officer, with the advice of his attorney.



Sec.  516.22  Miscellaneous reporting requirements.

    SJAs or legal advisers will comply with the directives cited below 
concerning actual or prospective litigation involving the following 
types of cases:
    (a) Taxation. (1) Contractor transactions. (FAR and DFARS, 48 CFR 
parts 29 and 229).
    (2) Army and Air Force Exchange Service (AAFES) activities. (AR 60-
20).
    (3) Purchase or sale of alcoholic beverages. (AR 215-2).
    (4) Nonappropriated fund and related activities. (AR 215-1).
    (b) Tort and contract claims, insurance and litigation involving 
nonappropriated fund activities. (AR 215-1).
    (c) Annexation of Army lands. (AR 405-25).
    (d) Communications, transportation, and utility services 
administrative proceedings. Any contracting officer or other Army 
official responsible for the acquisition of communications, 
transportation, utilities (gas, electric, water and sewer), or military 
mail services, who becomes aware of any action or proceeding of interest 
to the Army, will promptly refer the matter to the SJA or legal adviser, 
who will take the actions prescribed in Sec.  516.17 of this part. 
Examples of actions requiring referral follow: new or amended rates, 
regulations, or conditions of service;

[[Page 24]]

applications for authority to discontinue or initiate service; changes 
in electromagnetic patterns causing adverse communications interference; 
or, zoning proposals affecting historic or aesthetic preservation. In 
addition, the SJA or legal adviser will transmit the following to 
Regulatory Law Office:
    (1) The names and addresses of any parties intervening and the 
substance of their positions.
    (2) Names of government users affected by any change.
    (3) Copy of any proposed rates, rules, or regulations.
    (4) A recommendation whether the Army should intervene in the action 
or proceeding. If intervention is recommended, provide a memorandum to 
support the recommendation.
    (e) Legal proceedings overseas. Foreign communications, 
transportation, and utility service proceedings need not be reported. In 
other legal proceedings instituted in a foreign country, the SJA or 
legal adviser will take the actions prescribed in Sec.  516.17 of this 
part.
    (f) Maritime claims. Admiralty and maritime claims within the 
purview of Chapter 8, AR 27-20, which have been investigated and 
processed under AR 55-19 or other applicable regulations, will be 
referred to USARCS.
    (g) Army and Air Force Exchange Service litigation. The SJA or legal 
adviser will send a copy of all documents relating to litigation against 
AAFES to General Counsel, AAFES, P.O. Box 660202, Dallas, TX 75266-0202.
    (h) Bankruptcy. Reports of bankruptcy or insolvency proceedings 
shall be made in accordance with this regulation and AR 37-103.



Sec.  516.23  Litigation reports.

    The SJA or legal adviser will prepare a litigation report when 
directed by HQDA. The report will contain the following sections: 
Statement of Facts; Setoff or Counterclaim; Responses to Pleadings; 
Memorandum of Law; Witness List; and, Exhibits.
    (a) Statement of Facts. Include a complete statement of the facts 
upon which the action and any defense thereto are based. Where possible, 
support facts by reference to documents or witness statements. Include 
details of previous administrative actions, such as the filing and 
results of an administrative claim. If the action is predicated on the 
Federal Tort Claims Act, include a description of the plaintiff's 
relationship to the United States, its instrumentalities, or its 
contractors. Also include a statement whether an insurance company or 
other third party has an interest in the plaintiff's claim by 
subrogation or otherwise and whether there are additional claims related 
to the same incident.
    (b) Setoff or Counterclaim. Discuss whether setoff or counterclaim 
exists. If so, highlight the supportive facts.
    (c) Responses to Pleadings. Prepare a draft answer or other 
appropriate response to the pleadings. (See figure C-1, to this part). 
Discuss whether allegations of fact are well-founded. Refer to evidence 
that refutes factual allegations.
    (d) Memorandum of Law. Include a brief statement of the applicable 
law with citations to legal authority. Discussions of local law, if 
applicable, should cover relevant issues such as measure of damages, 
scope of employment, effect of contributory negligence, or limitations 
upon death and survival actions. Do not unduly delay submission of a 
litigation report to prepare a comprehensive memorandum of law.
    (e) Potential witness information. List each person having 
information relevant to the case and provide an office address and 
telephone number. If there is no objection, provide the individual's 
social security account number, home address, and telephone number. This 
is ``core information'' required by Executive Order No. 12778 (Civil 
Justice Reform). Finally, summarize the information or potential 
testimony that each person listed could provide.
    (f) Exhibits. (1) Attach a copy of all relevant documents. This is 
``core information'' required by Executive Order No. 12778 (Civil 
Justice Reform). Unless otherwise directed by HQDA, each exhibit should 
be tabbed and internally paginated. References to exhibits in the 
litigation report should be to page numbers of particular exhibits.
    (2) Copies of relevant reports of claims officers, investigating 
officers, boards or similar data should be attached, although such 
reports will not

[[Page 25]]

obviate the requirement for preparation of a complete litigation report.
    (3) Prepare an index of tabs and exhibits.
    (4) Where a relevant document has been released pursuant to a FOIA 
request, provide a copy of the response, or otherwise identify the 
requestor and the records released.
    (g) Distribution and number of copies. Unless HQDA directs 
otherwise, SJAs or legal advisers will mail (first class) an original 
and one copy of the litigation report to the responsible HQDA office 
(See Sec.  516.15 of this part) and one copy to the U.S. Attorney's 
Office handling the case. If possible, record the litigation report onto 
a magnetic diskette, using either WordPerfect, Enable, or ACSII, and 
send it to Litigation Division.



Sec.  516.24  Preservation of evidence.

    Because documents needed for litigation or administrative 
proceedings are subject to routine destruction, the SJA or legal adviser 
will ensure that all relevant documents are preserved.



Sec.  516.25  DA Form 4.

    (a) General. The DA Form 4 (See figure C-2, appendix G, of this 
part) is used to authenticate Army records or documents. Documents 
attached to a properly prepared and sealed DA Form 4 are self-
authenticating. (See Fed. R. Evid. 902).
    (b) Preparation at the installation level. A DA Form 4 need not be 
prepared until the trial attorney presenting the government's case 
identifies documents maintained at the installation level which he will 
need at trial. Once documents are identified, the custodian of the 
documents will execute his portion of the DA Form 4. (See figure C-2, 
appendix G, of this part). The custodian certifies that the documents 
attached to the DA Form 4 are true copies of official documents. 
Documents attached to each form should be generally identified; each 
document need not be mentioned specifically. Only the upper portion of 
the form should be executed at the local level.
    (c) Actions at HQDA. Upon receipt of the DA Form 4 with documents 
attached thereto, HQDA will affix a ribbon and seal and deliver it to 
the Office of the Administrative Assistant to the Secretary of the Army. 
That office will place the official Army seal on the packet.



Sec.  516.26  Unsworn declarations under penalty of perjury.

    (a) General. Under the provisions of 28 U.S.C. l746, whenever any 
matter is required or permitted to be established or proven by a sworn 
statement, oath or affidavit, such matter may also be established or 
proven by an unsworn written declaration under penalty of perjury. 
Because such declaration does not require a notary or other official to 
administer oaths, individuals preparing statements for use in litigation 
should consider using this format. (See figure C-3, appendix G, of this 
part).
    (b) When executed within the United States. Place the following at 
the end of the witness statement:

    I declare under penalty of perjury that the foregoing is true and 
correct. (28 U.S.C. 1746).
Executed on
________________________________________________________________________
(Date) (Signature)

    (c) When executed outside the United States. Place the following at 
the end of the witness statement:
    I declare under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. (28 U.S.C. 
1746).
Executed on
________________________________________________________________________
(Date) (Signature)



                     Subpart D_Individual Liability



Sec.  516.27  Scope.

    This subpart guidance when DA personnel, as a result of the 
performance of their official duties, are either sued in their personal 
capacity, or are charged in a criminal proceeding. Examples of civil 
actions alleging individual liability include the following: a medical 
malpractice lawsuit against health care providers; suits resulting from 
motor vehicle accidents; constitutional torts; or, common law torts such 
as assault, libel, or intentional infliction of emotional distress. 
Likewise, state or Federal criminal charges can arise from the 
performance of official duties, including environmental crimes or motor 
vehicle accidents.

[[Page 26]]



Sec.  516.28  Policy.

    (a) General. Commanders, supervisors, and SJAs or legal advisers 
will give highest priority to compliance with the requirements of this 
chapter with regard to current or former DA personnel who face criminal 
charges or civil litigation in their individual capacity as a result of 
performance of their official duties.
    (b) DOJ policy on representation. If in the best interest of the 
United States, upon request of the individual concerned, and upon 
certification by his agency that he was acting within the scope of his 
employment, DOJ may represent present and former DA personnel sued 
individually as a result of actions taken within the scope of their 
employment. Representation can be declined for a variety of reasons, 
including but not limited to the following: the employee was not acting 
within the scope of his office; there is a conflict of interest; or, 
actions were not taken in a good faith effort to conform to law.



Sec.  516.29  Federal statutes and regulations.

    (a) Federal Tort Claims Act (FTCA). (28 U.S.C. 1346(b), 2671-2680). 
A waiver of sovereign immunity which, with certain exceptions, makes the 
United States liable for tort claims in the same manner as a private 
individual.
    (b) Federal Employees Liability Reform and Tort Compensation Act of 
l988 (FELRTCA or the Westfall Act, Pub. L. No. 100-694, 102 Stat. 4563 
(1988) (codified at and amending 28 U.S.C. 2671, 2674, 2679). FELRTCA, 
by amending the Federal Tort Claims Act, makes the FTCA the exclusive 
remedy for common law tort claims arising from actions taken by Federal 
employees acting within the scope of employment. The law was passed to 
eliminate problems caused by Westfall v. Erwin, 484 U.S. 292 (1988).
    (c) 10 U.S.C. 1089 (Defense of certain suits arising out of medical 
malpractice). This provision, commonly referred to as the Gonzales Act, 
makes the FTCA the exclusive remedy for suits alleging medical 
malpractice against a military health care provider.
    (d) 28 CFR 50.15 (Representation of Federal officials and employees 
by Department of Justice attorneys [. . .] in civil, criminal, and 
congressional proceedings in which Federal employees are sued, 
subpoenaed, or charged in their individual capacities). These DOJ 
regulations set out the policy and procedures for requesting 
representation in individual liability cases. See also 28 CFR part 15 
(Defense of Certain Suits Against Federal Employees, etc.).
    (e) 28 CFR 50.16 (Representation of Federal employees by private 
counsel at Federal expense).



Sec.  516.30  Procedures for obtaining certification and DOJ representation.

    (a) SJA or legal adviser procedures. When an SJA or legal adviser 
learns of a criminal charge or of a lawsuit alleging individual 
liability against DA personnel as a result of performance of official 
duties, he will take the following actions:
    (1) Immediately notify Litigation Division and the appropriate U.S. 
Attorney and FAX or express deliver copies of process and pleadings to 
each office. Where time for response is limited, request that the U.S. 
Attorney either petition the court for an extension of time, or provide 
temporary counsel and representation pending formal approval.
    (2) Investigate whether the employee was acting within the scope of 
his office or employment. Obtain, if possible, statements from the 
defendant, supervisors, and witnesses.
    (3) Advise the individual defendant of the rights and conditions set 
out in 28 CFR 50.15, which include the following:
    (i) His right to request representation by a DOJ attorney and, in 
appropriate cases, certification that he was acting within the scope of 
employment. (See 28 U.S.C. 2679; 28 CFR 50.15).
    (ii) The right to request private counsel at government expense, 
subject to the availability of funds. (See 28 CFR 50.16).
    (iii) That the United States is not obligated to pay or indemnify 
defendant for any judgment rendered against him in his individual 
capacity.
    (4) If the defendant desires certification or DOJ representation, 
have him sign a request. (See figure D-1, appendix G, of this part). 
Obtain a signed scope of employment statement from the defendant's 
supervisor. (Figure D-2, appendix G, of this part).

[[Page 27]]

    (5) Prepare a report with, at a minimum, the following information: 
facts surrounding the incident for which defendant is being sued and 
those relating to scope of employment; the SJA's or legal adviser's 
conclusions concerning scope of employment; and, a recommendation 
whether certification by the Attorney General or representation by a DOJ 
attorney should be granted.
    (6) In cases involving National Guard personnel, address also the 
following: whether defendant was acting in a state (Title 32 U.S.C.) or 
Federal (Title 10 U.S.C.) capacity during relevant periods (include 
orders); if defendant was acting under state authority, is it 
nevertheless in the interest of the United States to represent the 
individual; any impact on policies or practices of DA, the National 
Guard Bureau, or DOD; whether the relief requested can be granted only 
by a Federal officer or agency; and, whether Federal law or regulation 
required actions by state officials.
    (7) Send the report, request for representation, and scope of 
employment statements to Chief, Litigation Division.
    (b) Chief, Litigation Division, procedures. The Chief, Litigation 
Division, will review the report and evidence regarding representation 
and scope of employment and will determine whether certification and 
representation are appropriate. He will send his recommendation to the 
appropriate U.S. Attorney or office within DOJ. The Chief, Litigation 
Division, will notify the defendant of DOJ's decision.



Sec.  516.31  Private counsel at government expense.

    (a) General. DA personnel, sued in their individual capacity or 
facing criminal charges as a result of performance of official duties, 
have no right to employ a private sector counsel at government expense 
or to expect reimbursement for the same. For proceedings in the United 
States, a request for employment of counsel at government expense may be 
approved by DOJ, contingent among other things upon availability of 
funds and a determination that employment of private counsel at 
government expense is in the best interests of the United States. (See 
28 CFR 50.16). Special rules apply in overseas areas. (See paragraph (e) 
of this section).
    (b) Individual request procedures. The individual will prepare a 
request that private counsel be employed for him at government expense. 
The request must also contain the following statement: ``I understand 
that the United States is not required to employ private counsel on my 
behalf, and that I may be responsible for expenses incurred prior to 
proper authorization by the Department of the Army or the Department of 
Justice.''
    (c) Supervisory and legal adviser procedures. The request will be 
submitted through the individual's supervisors, who will make a 
recommendation and forward the packet to the local SJA or legal adviser. 
The SJA or legal adviser will prepare his own recommendation and forward 
the matter to Litigation Division.
    (d) Chief, Litigation Division, procedures. If the Chief, Litigation 
Division, determines that the request for private counsel is 
meritorious, he will prepare an appropriate recommendation and forward 
the packet to Civil Division, DOJ, for final approval.
    (e) Special actions in foreign countries. Employment of private 
counsel in foreign proceedings is governed by AR 27-50 (Status of Forces 
Policies, Procedures, and Information). Under the authority of 10 U.S.C. 
1037, soldiers, as well as employees or those accompanying the armed 
forces overseas, may be granted individual counsel in civil and criminal 
proceedings, under the criteria of AR 27-50.



Sec.  516.32  Requests for indemnification.

    (a) Policy. An individual liable for a judgment rendered against him 
in his individual capacity has no right to reimbursement from DA. DA 
will consider, however, a request for indemnification from DA personnel 
where conduct within the scope of official duties has resulted in 
personal liability and indemnification is in the best interests of the 
United States. Indemnification is strictly contingent upon an 
appropriation to pay the judgment, as well as availability of such 
funds.

[[Page 28]]

    (b) Individual request procedures. An individual against whom an 
adverse judgment has been rendered may request indemnification. The 
request must include, at a minimum, the following: how the employee was 
acting within the scope of his employment; whether the requestor has 
insurance or any other source of indemnification; and, how reimbursement 
is in the best interests of the United States. The request must also 
contain the following statements: ``I understand that acceptance of this 
request for indemnification for processing by DA does not constitute an 
acceptance of any obligation to make such a payment. I also understand 
that payment is contingent on availability of funds and that it will 
only be made if such is determined to be in the best interests of the 
United States.'' The individual should attach a copy of relevant 
documents, for example, court's opinion, judgment, and other allied 
papers.
    (c) Supervisory and SJA procedures. The request for indemnification 
will be submitted through supervisory channels to the local SJA or legal 
adviser. Each supervisor will make a recommendation on the propriety of 
reimbursement.
    (d) Chief, Litigation Division, procedures. Requests for 
indemnification will be forwarded to Chief, Litigation Division. The 
Chief, Litigation Division, will examine the submission and, after 
consultation with DOJ or other agencies, forward the packet with his 
recommendation to the Army General Counsel. The General Counsel will 
obtain a final decision by the Secretary of the Army or his designee on 
the matter. There is no administrative appeal of the Secretary's (or his 
designee's) decision.



Subpart E_Legal Proceedings Initiated by the United States Medical Care 
                           and Property Claims



Sec.  516.33  General.

    (a) Authorities. (1) Federal Medical Care Recovery Act (42 U.S.C. 
2651). The act provides for the recovery of medical care expenses 
incurred because of a tortfeasor's actions.
    (2) Federal Claims Collection Act (31 U.S.C. 3711). The act provides 
for the collection of claims for money or property arising from the 
activities of Federal agencies.
    (3) Third-party Collection Program (10 U.S.C. 1095). The statute 
provides for collection of reasonable costs of health-care services, 
provided in facilities of the uniformed services to covered 
beneficiaries, from private insurers or third-party payers. In 
accordance with DOD Instruction 6010.15, ``Third Party Collection (TPC) 
Program,'' 7 March 1991, the authority to settle or waive a DOD claim 
under the act is delegated to TJAG or to his designee.
    (4) Executive Order No. 12778, (56 FR 55195; 3 CFR, 1991 Comp. p. 
359), Civil Justice Reform. This order establishes several requirements 
on Federal agencies involved in litigation or contemplating filing an 
action on behalf of the United States.
    (5) AR 27-20, Claims. Chapter l4 (Affirmative Claims) contains 
comprehensive guidance for Recovery Judge Advocates (RJAs) in the 
administrative determination, assertion, collection, settlement, and 
waiver of claims in favor of the U.S. for property damage and for 
medical care claims.
    (b) Duties and procedures. In accordance with Chapter 14, AR 27-20, 
Commander, USARCS, has supervisory responsibility over the 
administrative processing of property and medical care claims by RJAs. 
The Commander, U.S. Army Health Services Command (HSC), has supervisory 
responsibility over the Third Party Collection Program (TPCP). The HSC 
TPCP Implementation Plan effects DOD Instruction 6010.15 and establishes 
procedures for processing TPC claims. Litigation Division, in 
conjunction with DOJ and U.S. Attorneys, is responsible for pursuing, 
through litigation, claims not resolved administratively. DOJ is 
ultimately responsible for initiating litigation for the United States. 
(28 U.S.C. 515).
    (c) Assertion of claims on behalf of the United States by private 
attorneys. The Army incurs potentially recoverable expenses when it 
provides medical care to soldiers or dependents injured by tortfeasors 
(for example, a soldier is

[[Page 29]]

hospitalized after an automobile accident). When injured personnel 
employ a private attorney to sue the tortfeasor, it may be in the 
Government's best interests to enter into an agreement with the private 
attorney to include the Army's medical care claim.
    (d) Statute of limitations. There is a three year statute of 
limitations for actions in favor of the U.S. for money damages founded 
upon tort. (28 U.S.C. 2415(b)). Limitations periods can vary, however, 
depending upon the theory of liability and the jurisdiction involved. 
RJAs must be alert to the applicable period of limitations. A case 
referred for litigation should arrive at Litigation Division at least 6 
months before the expiration of the limitations period.
    (e) Reporting of recoveries. Amounts recovered through litigation 
will be reported to USARCS by Tort Branch, Litigation Division, or, 
where referred directly to a U.S. Attorney or the Nationwide Central 
Intake Facility (NCIF), by the responsible RJA.



Sec.  516.34  Referral of medical care and property claims for litigation.

    (a) Criteria for referral. The RJA will forward the claims file and 
a litigation report (See Sec.  516.35 of this part) through USARCS to 
Litigation Division when the claim has not been resolved 
administratively and any of the following conditions exist:
    (1) The claim exceeds $5,000;
    (2) It involves collection from the injured party or his attorney;
    (3) The claim raises an important question of policy; or,
    (4) There is potential for a significant precedent.
    (b) Alternative methods. When none of the conditions cited in the 
preceding subparagraph are present, the RJA may refer the claim directly 
to the U.S. Attorney for the district in which the prospective defendant 
resides. Similar property claims may be referred through USARCS to DOJ's 
Nationwide Central Intake Facility (NCIF) rather than directly to the 
U.S. Attorney. Notice of all such referrals shall be provided through 
USARCS to Tort Branch, Litigation Division. The RJA should be ready to 
provide support to the U.S. Attorney if requested.
    (c) Closing files. A file referred directly to the U.S. Attorney 
will be closed if the U.S. Attorney determines further action is 
unwarranted. If the RJA disagrees, the file should be forwarded with the 
RJA's recommendation through USARCS to Litigation Division.



Sec.  516.35  Preparation of claims for litigation.

    (a) General. In preparing a referral for litigation the RJA will 
ensure the file contains at least the following:
    (1) A litigation report (See Sec.  516.23 of this part) that 
demonstrates a factual basis for the claim and a theory of recovery 
under applicable state law. (See Fed. R. Civ. P. 11)
    (2) Copies of all medical records and bills reflecting the 
reasonable value of the medical care furnished to the injured party, 
including DA Form 2631-R (Medical Care-Third Party Liability 
Notification), and DA Form 3154 (MSA Invoice and Receipt). These 
documents should be authenticated as necessary on a DA Form 4.
    (3) Copies of all documents necessary to establish the value of lost 
or damaged property.
    (b) Transmittal letter. The letter of transmittal referring the 
claim for litigation should briefly summarize the facts giving rise to 
the claim and the collection actions previously taken by the Army and 
the injured party.

                        Assertion of Other Claims



Sec.  516.36  Referral to Litigation Division.

    (a) General. The majority of cases filed on behalf of the United 
States will fall under this subpart E. All other civil cases which 
cannot be resolved administratively or by direct referral to DOJ will be 
forwarded through channels to Litigation Division with a litigation 
report. (See Sec.  516.23 of this part).
    (b) Government contractors. It may be in the Government's best 
interest to authorize a Government contractor, whose contract provides 
for the reimbursement of necessary legal expenses, to employ private 
counsel to initiate legal proceedings against a third party.

[[Page 30]]

To obtain authorization to employ private counsel in such instances the 
contractor should follow the procedures in Sec.  516.21(c) of this part.



Sec.  516.37  Proceedings to repossess government real property or
quarters or to collect delinquent rent.

    (a) General. U.S. Attorneys are authorized to accept a Federal 
agency's request for the following purposes: to initiate an action to 
recover possession of real property from tenants, trespassers, and 
others; to enjoin trespasses on Federal property; and, to collect 
delinquent rentals or damages for use and occupancy of real property for 
amounts less than $200,000.
    (b) Procedures. When eviction or an action to collect delinquent 
rent is necessary, the SJA or legal adviser will notify General 
Litigation Branch, Litigation Division, of the situation. If approved by 
Litigation Division, the SJA or legal adviser may ask the U.S. Attorney 
to file suit. A copy of the complaint will be sent to Litigation 
Division. DOJ can take action to evict the occupants for violation of 
the terms of occupancy and collect delinquent rent or other charges. 
Once the matter has been referred to the U.S. Attorney, payments for 
rent should be sent to the U.S. Attorney. (See AR 210-50, chap 2.)



                   Subpart F_Environmental Litigation



Sec.  516.38  Scope.

    This subpart contains guidance, policies, and procedures applicable 
to all environmental and natural resources civil litigation and 
administrative proceedings involving missions and functions of DA, its 
major and subordinate commands, all installations presently or 
previously managed by DA, and all other sites or issues in which DA has 
a substantial interest. In this chapter, ``litigation'' includes civil 
administrative proceedings.



Sec.  516.39  Duties and procedures.

    (a) Water rights. Environmental Law Division will conduct direct 
liaison with DOJ and will represent DA in State and Federal litigation 
relating to availability and allocation of surface and ground water and 
the establishment and protection of water rights for Army military 
installations and activities. This will include litigation in State 
general adjudications of water rights under the McCarran Amendment, 43 
U.S.C. 666, for Army military installations and activities. Such 
litigation relating solely to COE civil works projects or activities 
will be handled by attorneys under the technical supervision of the 
Chief Counsel, COE. With respect to any general adjudication which could 
affect the civil works or real property functions of COE, The Judge 
Advocate General, acting through the Chief, Environmental Law Division, 
and Chief Counsel, COE, will jointly determine which office should 
maintain primary direct liaison with DOJ and will scope and execute 
appropriate coordination with each other and with the General Counsel 
with respect to that litigation.
    (b) Navigable waters. The Chief Counsel, COE, will conduct direct 
liaison with DOJ and represent DA in civil litigation involving 
activities in or across navigable waters of the United States or other 
activities regulated under the Rivers and Harbors Act of 1899, 33 U.S.C. 
401 et seq.
    (c) Waters of the United States. The Chief Counsel, COE, will 
conduct direct liaison with DOJ and represent DA in civil litigation 
involving The Clean Water Act section 404 (See 33 U.S.C. 1344) permit 
authority of COE over the discharge of dredged or fill material into 
waters of the United States.
    (d) Enforcement. Environmental Law Division will conduct direct 
liaison with DOJ and represent DA in all civil litigation involving 
citizen or State enforcement of applicable State, Federal and local 
requirements respecting the control or abatement of pollution and 
involving the management of hazardous wastes, with respect to the 
missions and functions of, and Federal facilities owned or controlled 
by, DA, except for civil works facilities.
    (e) Environmental response--(1) Except as provided in (a)(2) of this 
section. Environmental Law Division will conduct direct liaison with DOJ 
and represent DA in all civil litigation seeking declaratory or 
injunctive relief or involving claims of Army liability for the costs of 
response at Federal facilities

[[Page 31]]

currently owned or controlled by DA and at other sites where the Army is 
a potentially responsible party.
    (2) The Chief Counsel, COE, will conduct direct liaison with DOJ and 
represent DA in all civil litigation seeking declaratory or injunctive 
relief or involving claims of Army liability for the costs of response 
at civil works facilities, at former defense sites or at other sites 
where the Army is a potentially responsible party due to the response 
actions of the COE or its contractors.
    (f) Fish and wildlife, and plants. Environmental Law Division will 
conduct direct liaison with DOJ and represent DA in civil litigation 
involving citizen or State enforcement of applicable State, Federal, and 
local laws governing conservation of plant, fish, and wildlife resources 
at Federal facilities owned or controlled by DA, except that such 
litigation relating solely to the real estate, civil works, navigation 
and Clean Water Act section 404 (See 33 U.S.C. 1344) permit functions 
and activities of the COE will be handled by attorneys under the 
technical supervision of the Chief Counsel, COE.
    (g) Toxic torts. (1) Except as otherwise provided in this part, 
Environmental Law Division will conduct direct liaison with DOJ and 
represent DA in all civil litigation involving claims of tort liability 
for exposure to environmental contamination emanating from Federal 
facilities owned or controlled by DA.
    (2) Litigation Division will conduct liaison with DOJ and represent 
DA in civil litigation involving claims of tort liability for singular 
and discrete incidents of exposure to environmental contamination 
emanating from any Federal facility owned or controlled by DA.
    (3) The Chief Counsel, COE, will conduct direct liaison with DOJ and 
will represent DA in civil litigation involving claims of tort liability 
for exposure to environmental contamination (including singular and 
discrete incidents) emanating from any civil works activities under the 
jurisdiction of the Secretary of the Army.
    (4) The Chief Counsel, COE, and Chief, Environmental Law Division, 
will confer and jointly determine which office will conduct direct 
liaison with DOJ and represent DA in civil litigation involving all 
other claims of toxic tort liability.



   Subpart G_Release of Information and Appearance of Witnesses Scope



Sec.  516.40  General.

    (a) Introduction. This subpart implements DOD Directive 5405.2 (See 
appendix C to this part and 32 CFR part 97). It governs the release of 
official information and the appearance of present and former DA 
personnel as witnesses in response to requests for interviews, notices 
of depositions, subpoenas, and other requests or orders related to 
judicial or quasi-judicial proceedings. Requests for records, if not in 
the nature of legal process, should be processed under AR 25-55 (The 
Department of the Army Freedom of Information Act Program) or AR 340-21 
(The Army Privacy Program). This subpart pertains to any request for 
witnesses, documents, or information for all types of litigation, 
including requests by private litigants, requests by State or U.S. 
attorneys, requests by foreign officials or tribunals, subpoenas for 
records or testimony, notices of depositions, interview requests, civil 
cases, criminal proceedings, private litigation, or litigation in which 
the United States has an interest.
    (b) Definitions. (See appendix F to this part).



Sec.  516.41  Policy.

    (a) General Rule. Except as authorized by this subpart, present or 
former DA personnel will not disclose official information (See appendix 
F--Glossary) in response to subpoenas, court orders, or requests.
    (b) Exception. Present or former DA personnel may disclose official 
information if they obtain the written approval of the appropriate SJA, 
legal adviser, or Litigation Division.
    (c) Referral to deciding official. If present or former DA personnel 
receive a subpoena, court order, request for attendance at a judicial or 
quasi-judicial proceeding, or request for an interview related to actual 
or potential litigation, and it appears the subpoena,

[[Page 32]]

order, or request seeks disclosures described in a above, the individual 
should immediately advise the appropriate SJA or legal adviser. If the 
SJA or legal adviser cannot informally satisfy the subpoena, order, or 
request in accordance with Sec. Sec.  516.43 through 516.50 of this 
subpart, he should consult with Litigation Division.
    (d) Requesters' responsibilities. Individuals seeking official 
information must submit, at least 14 days before the desired date of 
production, a specific written request setting forth the nature and 
relevance of the official information sought. (Requesters can be 
referred to this subpart G). Subject to Sec.  516.47(a), present and 
former DA personnel may only produce, disclose, release, comment upon, 
or testify concerning those matters specified in writing and properly 
approved by the SJA, legal adviser, or Litigation Division. (See United 
States ex. rel. Touhy v. Ragen, 340 U.S. 462 (1951)).
    (e) Litigation in which the United States has an interest. If a 
subpoena, order, or request relates to litigation in which the United 
States has an interest and for which litigation responsibility has not 
been delegated, the SJA or legal adviser will coordinate with Litigation 
Division under Sec.  516.42.
    (f) Motions to stay or quash subpoenas. A subpoena should never be 
ignored, and an SJA or legal adviser should seek assistance from 
Litigation Division or the U.S. Attorney's office whenever necessary. If 
a response to a subpoena or order is required before a release 
determination can be made or before Litigation Division or the U.S. 
Attorney can be contacted, the SJA or legal adviser will do the 
following:
    (1) Furnish the court or tribunal a copy of this regulation (32 CFR 
part 516, subpart G) and applicable case law (See United States ex. rel. 
Touhy v. Ragen, 340 U.S. 462 (1951));
    (2) Inform the court or tribunal that the requesting individual has 
not complied with this Chapter, as set out in 32 CFR 97 & 516, or that 
the subpoena or order is being reviewed;
    (3) Seek to stay the subpoena or order pending the requestor's 
compliance with this chapter or final determination by Litigation 
Division; and,
    (4) If the court or other tribunal declines to quash or stay the 
subpoena or order, inform Litigation Division immediately so a decision 
can be made whether to challenge the subpoena or order. If Litigation 
Division decides not to challenge the subpoena or order, the affected 
personnel will comply with the subpoena or order. If Litigation Division 
decides to challenge the subpoena or order, it will direct the affected 
personnel to respectfully decline to comply with the subpoena or order. 
(See United States ex. rel. Touhy v. Ragen, 340 U.S. 462 (1951)).
    (g) Classified or sensitive information. Only Litigation Division 
may authorize the release of official information or appearance of DA 
personnel as witnesses in litigation involving terrorism, espionage, 
nuclear weapons, or intelligence sources and methods.
    (h) Requests for Inspector General records or testimony. IG records, 
and information obtained through performance of IG duties, are official 
information under the exclusive control of the Secretary of the Army. 
(See AR 20-l, Chapter 3.) IG records frequently contain sensitive 
official information that may be classified or obtained under guarantees 
of confidentiality. When justification exists, DA attorneys will seek 
court protection from disclosure of IG records and information. No DA 
personnel will release IG records or disclose information obtained 
through performance of IG duties without the approval of The Secretary 
of the Army, The Inspector General, TIG Legal Advisor, or Chief, 
Litigation Division. When IG personnel receive a subpoena, court order, 
request for attendance at a judicial or quasi-judicial proceeding, or a 
request for an interview which the IG reasonably believes is related to 
actual or potential litigation concerning IG records or related 
information, they should immediately notify the Inspector General Legal 
Adviser or the Chief, Litigation Division. IG personnel will follow the 
guidance of this subpart concerning actions to be taken regarding 
disclosure and testimony.



Sec.  516.42  Reference to HQDA.

    (a) General. If the SJA or legal adviser is unable to resolve the 
matter, it will be referred for approval or action

[[Page 33]]

by Litigation Division under this chapter, by the most expeditious 
means, to General Litigation Branch, Litigation Division, with the 
following exceptions:
    (1) Those involving a case assigned to another branch of Litigation 
Division will be submitted to that branch (appendix B to this part).
    (2) Those involving affirmative litigation (for example, medical 
care recovery or Army property damage or loss cases) under subpart E 
will be submitted to Tort Branch.
    (3) Those involving patents, copyrights, privately developed 
technical information, or trademarks will be submitted to Intellectual 
Property Law Division.
    (4) Those involving taxation will be submitted to Contract Law 
Division.
    (5) Those involving communication, transportation, or utility 
service proceedings will be submitted to the Regulatory Law Office.
    (6) Those involving environmental matters will be submitted to the 
Environmental Law Division.
    (7) Those involving contract appeals cases before the ASBCA will be 
submitted to the Contract Appeals Division.
    (8) Those involving procurement fraud, including Qui Tam cases, will 
be submitted to the Procurement Fraud Division.
    (b) Information to be submitted. When referring matters pursuant to 
paragraph (a) of this section, the following data should be provided:
    (1) Parties (named or prospective) to the proceeding, their 
attorneys, and case number, where appropriate.
    (2) Party making the request (if a subpoena, indicate moving party) 
and his attorney.
    (3) Name of tribunal in which the proceeding is pending.
    (4) Nature of the proceeding.
    (5) Date of receipt of request or date and place of service of 
subpoena.
    (6) Name, grade, position, and organization of person receiving 
request or served with subpoena.
    (7) Date, time, and place designated in request or subpoena for 
production of information or appearance of witness.
    (8) Nature of information sought or document requested, and place 
where document is maintained.
    (9) A copy of each document requested. Contact the appropriate 
office at HQDA if this would be burdensome and unnecessary to a decision 
whether to release, redact, or withhold a particular document.
    (10) Name of requested witness, expected testimony, requested 
appearance time and date, and whether witness is reasonably available.
    (11) Analysis of the problem with recommendations.

            Release of Records in Connection With Litigation



Sec.  516.43  Release of Army and other agency records.

    (a) Preservation of originals. To preserve the integrity of DA 
records, DA personnel will submit properly authenticated copies rather 
than originals of documents or records for use in legal proceedings, 
unless directed otherwise by Litigation Division. (See 28 U.S.C. 1733.)
    (b) Authentication of copies. Copies of DA records approved for 
release can be authenticated for introduction in evidence by use of DA 
Form 4. (See Sec.  516.25 for instructions.)
    (1) Records maintained in U.S. Army Engineer Districts and Divisions 
will be forwarded to HQDA(CECC-K), WASH DC 20314-1000.
    (2) All other records will be forwarded to the appropriate office at 
HQDA (See Sec.  516.42).
    (c) Fees and charges. AR 37-60 prescribes the schedule of fees and 
charges for searching, copying, and certifying Army records for release 
in response to litigation-related requests.
    (d) Release of records of other agencies. Normally an individual 
requesting records originating in agencies outside DA (that is, FBI 
reports, local police reports, civilian hospital records) that are also 
included in Army records should be advised to direct his inquiry to the 
originating agency.



Sec.  516.44  Determination of release authorization.

    (a) Policy. DA policy is to make official information reasonably 
available

[[Page 34]]

for use in Federal and state courts and by other governmental bodies 
unless the information is classified, privileged, or otherwise protected 
from public disclosure.
    (b) Releasability factors. In deciding whether to authorize release 
of official information, the deciding official should consider the 
following:
    (1) Has the requester complied with DA policy governing the release 
of official documents in Sec.  516.41(d) of this part.
    (2) Is the request unduly burdensome or otherwise inappropriate 
under the applicable court rules?
    (3) Is the disclosure appropriate under the rules of procedure 
governing the matter in which the request arose?
    (4) Would the disclosure violate a statute, executive order, 
regulation, or directive?
    (5) Is the disclosure appropriate under the relevant substantive law 
concerning privilege?
    (6) Would the disclosure reveal information properly classified 
pursuant to the DOD Information Security Program under AR 380-5, 
unclassified technical data withheld from public release pursuant to 32 
CFR Sec.  250, or other matters exempt from unrestricted disclosure?
    (7) Would disclosure interfere with ongoing enforcement proceedings, 
compromise constitutional rights, reveal the identity of an intelligence 
source or confidential informant, disclose trade secrets or confidential 
commercial or financial information, or, otherwise be inappropriate 
under the circumstances?
    (8) Would the disclosure violate any person's expectation of 
confidentiality or privacy?



Sec.  516.45  Records determined to be releasable.

    If the deciding official, after considering the factors set forth in 
Sec.  536.44, determines that all or part of requested official records 
are releasable, copies of the records should be furnished to the 
requester.



Sec.  516.46  Records determined not to be releasable.

    (a) General. If the deciding official, after considering the factors 
in Sec.  516.44, determines that all or part of requested official 
records should not be released, he will promptly communicate directly 
with the attorney or individual who caused the issuance of the subpoena, 
order, or request and seek to resolve the matter informally. If the 
subpoena or order is invalid, he should explain the basis of the 
invalidity. The deciding official should also explain why the records 
requested are privileged from release. The deciding official should 
attempt to obtain the agreement of the requester to withdraw the 
subpoena, order, or request or to modify the subpoena, order, or request 
so that it pertains only to records which may be released. (See figure 
G-1, appendix G, of this part.)
    (b) Information protected by the Privacy Act. (1) A subpoena duces 
tecum or other legal process signed by an attorney or clerk of court for 
records protected by the Privacy Act, 5 U.S.C. 552a, does not justify 
the release of the protected records. The deciding official should 
explain to the requester that the Privacy Act precludes disclosure of 
records in a system of records without the written consent of the 
subject of the records or ``pursuant to the order of a court of 
competent jurisdiction.'' (See 5 U.S.C. 552a(b)(11)). An ``order of the 
court'' for the purpose of subsection 5 U.S.C. 552a(b)(11) is an order 
or writ requiring the production of the records, signed by a judge or 
magistrate.
    (2) Unclassified records otherwise privileged from release under 5 
U.S.C. 552a may be released to the court under either of the following 
conditions:
    (i) The subpoena is accompanied by an order signed by a judge or 
magistrate, or such order is separately served, that orders the person 
to whom the records pertain to release the specific records, or that 
orders copies of the records be delivered to the clerk of court, and 
indicates that the court has determined the materiality of the records 
and the nonavailability of a claim of privilege.
    (ii) The clerk of the court is empowered by local statute or 
practice to receive the records under seal subject to request that they 
be withheld from the parties until the court determines whether the 
records are material to the

[[Page 35]]

issues and until any question of privilege is resolved.
    (iii) Subpoenas for alcohol abuse or drug abuse treatment records 
must be processed under 42 U.S.C. 290dd-3 and 290ee-3, and Public Health 
Service regulations published at 42 CFR 2.1-2.67.
    (iv) Upon request, SJAs and legal advisers may furnish to the 
attorney for the injured party or the tortfeasor's attorney or insurance 
company a copy of the narrative summary of medical care that relates to 
a claim under subpart E of this part. If additional medical records are 
requested, only those that directly pertain to the pending action will 
be furnished. If furnishing copies of medical records would prejudice 
the cause of action, the matter will be reported to Litigation Division.
    (c) Referral to Litigation Division. If the SJA or legal adviser is 
not able to resolve a request for Army records informally, he should 
contact Litigation Division.
    (1) Litigation Division may respond to subpoenas or orders for 
records privileged from release by informing the local U.S. Attorney 
about the subpoena and requesting that office file a motion to quash the 
subpoena or a motion for a protective order. The records privileged from 
release should be retained by the custodian pending the court's ruling 
upon the government's motion.
    (2) When a motion to quash or for a protective order is not filed, 
or the motion is unsuccessful, and the appropriate DA official has 
determined that no further efforts will be made to protect the records, 
copies of the records (authenticated if necessary) will be submitted to 
the court (or to the clerk of court) in response to the subpoena or 
order.
    (d) Classified and privileged materials. Requests from DOJ, U.S. 
Attorneys, or attorneys for other governmental entities for records 
which are classified or otherwise privileged from release will be 
referred to Litigation Division. (See Sec.  516.41(g).

             DA Personnel as Witnesses in Private Litigation



Sec.  516.47  Response to subpoenas, orders, or requests for witnesses.

    (a) Policy. The involvement of present or former DA personnel in 
private litigation is solely a personal matter between the witness and 
the requesting party, unless one or more of the following conditions 
apply:
    (1) The testimony involves official information. (See appendix F--
Glossary to this part).
    (2) The witness is to testify as an expert.
    (3) The absence of the witness from duty will seriously interfere 
with the accomplishment of a military mission.
    (b) Former DA personnel. Former DA personnel may freely respond to 
requests for interviews and subpoenas except in instances involving 
official information (paragraph (a)(1) of this section) or concerning 
expert testimony prohibited by Sec.  516.49. In those instances, the 
subject of the request or subpoena should take the action specified in 
Sec. Sec.  516.41(c) and 516.42.
    (c) Present DA personnel. Present DA personnel will refer all 
requests for interviews and subpoenas for testimony in private 
litigation through their supervisor to the appropriate SJA or legal 
adviser.
    (d) Discretion to testify. Any individual not wishing to grant an 
interview or to testify concerning private litigation may seek the 
advice of an Army attorney concerning the consequences, if any, of 
refusal. Any individual not authorized to consult with Army counsel 
should consult with private counsel, at no expense to the government.



Sec.  516.48  Official information.

    (a) In instances involving Sec.  516.47(a)(1), the matter will be 
referred to the SJA or legal adviser serving the organization of the 
individual whose testimony is requested, or to HQDA pursuant to Sec.  
516.47(a). The deciding official will determine whether to release the 
information sought under the principles established in Sec.  516.44. If 
funding by the United States is requested, see Sec.  516.55(d).
    (b) If the deciding official determines that the information may be 
released,

[[Page 36]]

the individual will be permitted to be interviewed, deposed, or to 
appear as a witness in court provided such interview or appearance is 
consistent with the requirements of Sec. Sec.  516.49 and 516.50. (See, 
for example, figure G-2, appendix G, to this part). A JA or DA civilian 
attorney should be present during any interview or testimony to act as 
legal representative of the Army. If a question seeks information not 
previously authorized for release, the legal representative will advise 
the witness not to answer. If necessary to avoid release of the 
information, the legal representative will advise the witness to 
terminate the interview or deposition, or in the case of testimony in 
court, advise the judge that DOD directives and Army regulations 
preclude the witness from answering without HQDA approval. Every effort 
should be made, however, to substitute releasable information and to 
continue the interview or testimony.



Sec.  516.49  Expert witnesses.

    (a) General rule. Present DA personnel will not provide, with or 
without compensation, opinion or expert testimony either in private 
litigation or in litigation in which the United States has an interest 
for a party other than the United States. Former DA personnel will not 
provide, with or without compensation, opinion or expert testimony 
concerning official information, subjects, or activities either in 
private litigation or in litigation in which the United States has an 
interest for a party other than the United States. (See figure G-3, 
appendix G of this part). An SJA or legal adviser is authorized to deny 
a request for expert testimony, which decision may be appealed to 
Litigation Division.
    (b) Exception to the general prohibition. If a requester can show 
exceptional need or unique circumstances, and the anticipated testimony 
will not be adverse to the interests of the United States, Litigation 
Division may grant special written authorization for present or former 
DA personnel to testify as expert or opinion witnesses at no expense to 
the United States. In no event may present or former DA personnel 
furnish expert or opinion testimony in a case in which the United States 
has an interest for a party whose interests are adverse to the interests 
of the United States.
    (c) Exception for AMEDD personnel. Members of the Army medical 
department or other qualified specialists may testify in private 
litigation with the following limitations (See figure G-4, appendix G, 
of this part):
    (1) The litigation involves patients they have treated, 
investigations they have made, laboratory tests they have conducted, or 
other actions taken in the regular course of their duties.
    (2) They limit their testimony to factual matters such as the 
following: their observations of the patient or other operative facts; 
the treatment prescribed or corrective action taken; course of recovery 
or steps required for repair of damage suffered; and, contemplated 
future treatment.
    (3) Their testimony may not extend to expert or opinion testimony, 
to hypothetical questions, or to a prognosis.
    (d) Court-ordered expert or opinion testimony. If a court or other 
appropriate authority orders expert or opinion testimony, the witness 
will immediately notify Litigation Division. If Litigation Division 
determines it will not challenge the subpoena or order, the witness will 
comply with the subpoena or order. If directed by Litigation Division, 
however, the witness will respectfully decline to comply with the 
subpoena or order. (See United States ex. rel. Touhy v. Ragen, 340 U.S. 
462 (1951)).
    (e) Expert witness fees. All fees tendered to present DA personnel 
as an expert or opinion witness, to the extent they exceed actual 
travel, meals, and lodging expenses of the witness, will be remitted to 
the Treasurer of the United States.



Sec.  516.50  Interference with mission.

    If the absence of a witness from duty will seriously interfere with 
the accomplishment of a military mission, the SJA or legal adviser will 
advise the requesting party and attempt to make alternative 
arrangements. If these efforts fail, the SJA or legal adviser will refer 
the matter to Litigation Division.

[[Page 37]]

          Litigation in Which the United States Has an Interest



Sec.  516.51  Response to subpoenas, orders, or requests for witnesses.

    (a) Referral to a deciding official. Requests, subpoenas, or orders 
for official information, interviews or testimony of present or former 
DA personnel in litigation or potential litigation in which the United 
States has an interest, including requests from DOJ, will be resolved by 
the SJA or legal adviser pursuant to the principles of this subpart. 
Litigation Division will be consulted on issues that cannot be resolved 
by the SJA or legal adviser.
    (b) Reassignment of witnesses. When requested by the U.S. Attorney, 
the SJA or legal adviser will ensure that no witnesses are reassigned 
from the judicial district without advising the DOJ attorney. If a 
witness is vital to the government's case and trial is imminent, the SJA 
or legal adviser should make informal arrangements to retain the witness 
in the command until trial. If this is not feasible, or if a 
satisfactory arrangement cannot be reached with the DOJ attorney, the 
SJA or legal adviser should notify Litigation Division.



Sec.  516.52  Expert witnesses.

    Requests for present or former DA personnel as expert or opinion 
witnesses from DOJ or other attorneys representing the United States 
will be referred to Litigation Division unless the request involves a 
matter that has been delegated by Litigation Division to an SJA or legal 
adviser. In no event, may present or former DA personnel furnish expert 
or opinion testimony in a case in which the United States has an 
interest for a party whose interests are adverse to the interests of the 
United States.



Sec.  516.53  News media and other inquiries.

    News media inquiries regarding litigation or potential litigation 
will be referred to the appropriate public affairs office. DA personnel 
will not comment on any matter presently or potentially in litigation 
without proper clearance. Local public affairs officers will refer press 
inquiries to HQDA (SAPA), WASH DC 20310-1500, with appropriate 
recommendations for review and approval by the Office of the Chief of 
Public Affairs. All releases of information regarding actual or 
potential litigation will be coordinated with Litigation Division prior 
to release.

                Status, Travel, and Expenses of Witnesses



Sec.  516.54  Witnesses for the United States.

    (a) Status of witness. A military member authorized to appear as a 
witness for the United States, including those authorized to appear 
under Sec.  516.55(d), will be placed on temporary duty. If USAR or NG 
personnel are requested as witnesses for the United States, and if their 
testimony arises from their active duty service, they should be placed 
on active duty to testify. The status of a civilian employee will be 
determined under Federal Personnel Manual 630, subchapter 10. DA 
personnel who appear as necessary witnesses for a party asserting the 
government's claim for medical care expenses are witnesses for the 
United States.
    (b) Travel arrangements. Travel arrangements for witnesses for the 
United States normally are made by DOJ through Litigation Division for 
other than local travel. Litigation Division will issue instructions for 
this travel, including fund citation, to the appropriate commander. A 
U.S. Attorney, or an attorney asserting the government's medical care 
claim under subpart E, may make arrangements for local travel through 
the SJA or legal adviser for attendance of a witness who is stationed at 
an installation within the same judicial district, or not more than 100 
miles from the place where testifying. Other requests, including those 
under Sec.  516.55(d), will be referred to Litigation Division. The 
instructions from Litigation Division, or the request from the U.S. 
Attorney or the attorney asserting the government's claim, will serve as 
a basis for the issuance of appropriate travel orders by the local 
commander.
    (c) Travel and per diem expenses. The witness' commander or 
supervisor should ensure the witness has sufficient funds to defray 
expenses. The

[[Page 38]]

SJA or legal adviser will provide assistance.
    (1) Where local travel is performed at the request of a U.S. 
Attorney and the testimony does not involve information acquired in the 
performance of duties, transportation arrangements and any per diem 
expenses are the responsibility of the U.S. Attorney.
    (2) An attorney asserting the government's medical care or property 
claim may be required to advance local travel expense money to the 
witness requested and to include these in recoverable costs where the 
government's claim is not large enough to justify expenditures of 
government travel funds.
    (3) Other local travel and per diem expense for cases involving Army 
activities or claims are proper expenses of the command issuing the 
orders.
    (4) Litigation Division will furnish travel expense and per diem 
funds for other than local travel and will receive reimbursement from 
DOJ or other government agencies as appropriate.



Sec.  516.55  Witnesses for a State or private litigant.

    (a) Status of witness. If authorized to appear as a witness for a 
state or private litigant, and the testimony to be given relates to 
information obtained in the performance of official duties, a military 
member will attend in a permissive TDY status. If authorized to appear 
as a witness, but the testimony does not relate to information obtained 
in the performance of official duties, a military member may be granted 
a pass or permissive TDY under AR 630-5, or be required to take ordinary 
leave. The status of a civilian employee will be determined under 5 CFR 
Chapter I.
    (b) Travel arrangements. The requesting party or state agency will 
make all travel arrangements for attendance of DA personnel authorized 
to appear as witnesses for a state or private litigant. The local 
commander may issue appropriate orders when necessary.
    (c) Travel expenses. The United States may not pay travel, meals, 
and lodging expenses of the witness, other than normal allowances for 
subsistence pursuant to the DOD Military Pay and Allowances Entitlements 
Manual. These expenses are solely a matter between the witness and the 
party seeking his appearance. Witnesses ordinarily should be advised to 
require advance payment of such expenses. Military personnel authorized 
to appear in a pass or permissive TDY status are not entitled to receive 
witness attendance fees, but may accept travel, meals, and lodging 
expense money from the requesting litigant. All witness fees tendered 
the military member, to the extent they exceed such actual expenses of 
the member, will be remitted to the Treasurer of the United States. A 
civilian employee authorized to appear in his or her official capacity 
will accept the authorized witness fees, in addition to the allowance 
for travel and subsistence, and make disposition of the witness fees as 
instructed by his or her personnel office.
    (d) Funding by the United States. Requests for DA personnel to 
appear at government expense as witnesses in state or local proceedings 
for a party other than the United States, including cases involving 
domestic violence or child abuse, will be referred to Litigation 
Division. Litigation Division may authorize travel and per diem expenses 
under Sec.  516.54 when the case is one in which the United States has a 
significant interest.



Sec.  516.56  Witnesses before foreign tribunals.

    (a) Referral to the SJA. Requests or subpoenas from a foreign 
government or tribunal for present DA personnel stationed or employed 
within that country to be interviewed or to appear as witnesses will be 
forwarded to the SJA of the command exercising general court-martial 
jurisdiction over the unit to which the individual is assigned, 
attached, or employed. The SJA will determine the following:
    (1) Whether a consideration listed in Sec.  516.47(a)(1) through 
(a)(3) applies.
    (2) Whether the information requested is releasable under the 
principles established in Sec.  516.43 through Sec.  516.46.
    (3) Whether the approval of the American Embassy should be obtained 
because the person is attached to the Embassy staff or a question of 
diplomatic immunity may be involved.

[[Page 39]]

    (b) United States has an interest in the litigation. If the SJA 
determines that the United States has an interest in the litigation, the 
commander may authorize the interview or order the individual's 
attendance in a temporary duty status. The United States will be deemed 
to have an interest in the litigation if it is bound by treaty or other 
international agreement to ensure the attendance of such personnel.
    (c) United States has no interest in the litigation. If the SJA 
determines that the United States does not have an interest in the 
litigation, the commander may authorize the interview or the appearance 
of the witness under the principles established in Sec.  516.47 through 
Sec.  516.50.
    (d) Witnesses located outside the requester's country. If the 
requested witness is stationed in a country other than the requester's, 
the matter will be referred to Litigation Division.



         Subpart H_Remedies in Procurement Fraud and Corruption



Sec.  516.57  Purpose.

    This subpart delineates the policies, procedures, and 
responsibilities for reporting and resolving allegations of procurement 
fraud or irregularities (PFI) within DA. It implements DOD Directive 
7050.5. (See appendix D to this part.)



Sec.  516.58  Policies.

    (a) Procurement fraud and irregularities will be promptly and 
thoroughly addressed whenever encountered. Reports will be initiated in 
a timely manner and will be supplemented as appropriate.
    (b) Investigations will be monitored to see that interim corrective 
action is taken and that final action is taken as expeditiously as 
possible.
    (c) This regulation establishes the Procurement Fraud Division 
(PFD), U.S. Army Legal Services Agency, as the single centralized 
organization within the Army to coordinate and monitor criminal, civil, 
contractual, and administrative remedies in significant cases of fraud 
or corruption relating to Army procurement.
    (d) The key elements of the Army's procurement fraud program follow: 
centralized policy making and program direction; fraud remedies 
coordination; decentralized responsibility for operational matters, such 
as reporting and remedial action; continuous case monitorship by PFD 
from the initial report until final disposition; and, command-wide fraud 
awareness training.
    (e) Remedies for PFI will be pursued in a timely manner and properly 
coordinated with other agencies. Every effort will be made to support 
criminal investigation and prosecution of fraudulent activity.
    (f) A specific remedies plan will be formulated for each significant 
case of fraud or corruption involving procurement.
    (g) Coordination on the status and disposition of cases will be 
maintained between PFD, OTJAG, PFI Coordinators at MACOMs, and 
Procurement Fraud Advisers at subordinate commands. Coordination of 
procurement and personnel actions will be accomplished with 
investigative agencies as required by those agencies.
    (h) Training which relates to fraud and corruption in the 
procurement process is a significant element of this program.



Sec.  516.59  Duties and procedures.

    (a) TJAG has overall responsibility for the coordination of remedies 
in procurement fraud and corruption within the Army. This responsibility 
has been delegated to PFD. Functions of PFD will include the following:
    (1) Serving as the single centralized organization in the Army to 
monitor the status of, and ensure the coordination of, criminal, civil, 
contractual, and administrative remedies for each significant case of 
fraud or corruption.
    (2) Receiving reports of procurement fraud and corruption from any 
source including, but not limited to the following: DOD criminal 
investigative organizations; audit agencies; contracting officers; 
inspectors general of the executive branch; correspondence from the 
public; and, commanders. This provision does not repeal any other 
reporting requirement but establishes PFD as a recipient of PFI 
information at the earliest possible time.
    (3) Establishing a monitoring system within OTJAG for all cases of 
fraud

[[Page 40]]

and corruption that relate to Army procurement.
    (4) Discussing regularly with the U.S. Army Criminal Investigation 
Command (USACIDC) or the assigned DOD criminal investigative 
organization the current status of significant fraud or corruption cases 
and their coordination with prosecutive authorities.
    (5) Ensuring that all criminal, civil, contractual, and 
administrative remedies are considered in each significant fraud or 
corruption case and that timely and applicable remedies are undertaken 
by commanders, contracting officers, and suspension and debarment 
authorities. For example, consideration of suspension or debarment of a 
contractor or individual should normally be initiated within 30 days of 
indictment or conviction.
    (6) Coordinating, as appropriate, with other DOD components affected 
by a significant fraud or corruption case being monitored by the Army.
    (7) Developing, with the responsible DOD investigative organization, 
Procurement Fraud Coordinators and Advisers, and other involved 
agencies, a specific comprehensive remedies plan for each significant 
fraud or corruption case.
    (8) Coordinating remedies with DOJ. In the case of ongoing criminal 
investigations, coordinate remedies through, or with the prior knowledge 
of, the DOD criminal investigative organization responsible for the 
case.
    (9) In significant fraud or corruption cases, identifying and 
documenting any known adverse impact on a DOD mission, and including the 
information in any remedies plan.
    (10) Providing the appropriate DOD criminal investigative 
organization with information concerning final remedies as a result of 
an investigation by that organization.
    (11) Receiving notifications from criminal investigative agencies 
concerning substituted, defective, and counterfeit hardware in which a 
serious hazard to health, safety or operational readiness is indicated; 
ensuring that appropriate safety, procurement and program officials are 
informed in accordance with enclosure 3 of DOD Directive 7050.5. PFD 
will specifically ensure that contract reviews (DD 350 reports) and 
adverse impact statements (See Sec.  516.64(c)(2) are prepared, and that 
such information is used to determine if further inquiry is warranted to 
prevent reoccurrence and to detect other possible fraud. Impact 
statements will not be released to prosecutive agencies until reviewed 
by PFD. When appropriate, PFD will coordinate with other DOD agencies to 
establish a lead agency for victim impact statements in multi-DOD agency 
cases.
    (b) The Commanding General, USACIDC, will take the following 
actions:
    (1) Notify PFD of any investigations involving fraud or corruption 
related to procurement activities.
    (2) Notify other DOD component criminal investigative organizations 
when investigations involving fraud or corruption affect that component. 
This includes evidence of fraud by a contractor, subcontractor, or 
employee of either, on current or past contracts with, or affecting, 
that component.
    (3) Notify the Defense Investigative Service of any investigations 
that develop evidence which affects DOD cleared industrial facilities or 
personnel.
    (4) Determine the effect on any ongoing investigations or 
prosecutions of any criminal, civil, contractual, or administrative 
actions being considered by a centralized organization and advise of any 
adverse impact.
    (5) Promptly provide commanders, contracting officers, Procurement 
Fraud Advisers, and suspension and debarment authorities, when needed to 
allow consideration of applicable remedies, any court records, 
documents, or other evidence of fraud or corruption from ongoing or 
completed criminal investigations. In cases of indictment or conviction 
of a contractor or individual, the information will be provided in time 
for initiation, if appropriate, of suspension or debarment action within 
30 days of the indictment or conviction.
    (6) Provide prosecutive authorities and centralized organizations 
with timely information on the adverse impact on a DOD mission of fraud 
or corruption that relates to DOD procurement activities. This 
information will be obtained from individuals such as

[[Page 41]]

the head of the contracting agency, appropriate commanders, and staff 
agencies. Some examples of adverse impact on a DOD mission are 
endangerment of personnel or property, monetary loss, compromise of the 
procurement process, or reduction or loss of mission readiness.
    (7) Discuss regularly with Procurement Fraud Advisers the status of 
significant investigations of fraud or corruption and their coordination 
with prosecutive authorities and provide documents and reports resulting 
from the investigations.
    (c) Commanders of service schools conducting procurement or 
procurement-related training (such as The Judge Advocate General's 
School, the U.S. Military Police School, and the U.S. Army Logistics 
Management Center) will ensure the following:
    (1) All procurement and procurement-related training includes a 
period of instruction on fraud and corruption in the procurement 
process. The length of the period of instruction will be appropriate to 
the duration and nature of the training.
    (2) Training materials are developed to support that training.
    (3) Training materials developed will be sent to MACOM PFI 
Coordinators.
    (d) MACOM commanders and heads of contracting activities will ensure 
the following:
    (1) Substantial indications of fraud or corruption relating to Army 
contracts or Army administered contracts are reported promptly to the 
supporting USACIDC element and the Procurement Fraud Division.
    (2) Information provided includes reports by contracting officers 
under DFARS 209.406-3.



Sec.  516.60  Procurement fraud and irregularities programs at MACOMs.

    (a) Command counsel and SJAs at MACOMs will develop a program and 
appoint an attorney as PFI Coordinator for their command. Chief counsel 
and SJAs at commands with procurement advisory responsibility will 
appoint an attorney as a Procurement Fraud Adviser (PFA) to manage the 
PFI program at their installations as well.
    (b) Provision may be made for activities not having sufficient 
attorney assets to obtain assistance from nearby installations that have 
a PFA.
    (c) Reports and recommendations will be transmitted through command 
channels to the PFI coordinator for the affected MACOM.
    (d) Command counsel, chief counsel, and SJAs will exercise 
supervisory authority to ensure effective operation of the fraud program 
and coordination of remedies within their organizations.
    (e) The MACOM PFI Coordinator will have overall responsibility for 
the design and implementation of the MACOM's procurement fraud program.
    (f) PFAs and PFI Coordinators will coordinate with the appropriate 
local CID or Defense Criminal Investigative Service (DCIS) activity to 
assure the prompt notification and coordination of all Procurement Fraud 
cases.



Sec.  516.61  Reporting requirements.

    (a) Typical fraud indicators during the procurement cycle are listed 
in figure D-1, appendix G, to this part. The mere presence of one or 
more of these indicators does not, by itself, require reporting under 
paragraph b of this section. Reports should be submitted if there is a 
reasonable suspicion of procurement fraud or irregularity or the 
procuring agency refers the matter for investigation.
    (b) ``Procurement Flash Reports'' will be transmitted by FAX 
directly to PFD whenever a PFI Coordinator or PFA receives notice of a 
PFI involving the Army. To facilitate filing, a separate sheet should be 
used for each case reported. These reports will provide a succinct 
summary of the following available information:
    (1) Name and address of contractor.
    (2) Known subsidiaries of parent firms.
    (3) Contracts involved in potential fraud.
    (4) Nature of potential fraud.
    (5) Summary of pertinent facts.
    (6) Possible damages.
    (7) Investigative agencies involved.
    (8) Local PFAs (name and phone numbers).

Any of the above categories that cannot be completed will be annotated 
as ``unknown at present.''

[[Page 42]]

    (c) When a report is required by DFARS or is requested by PFD, the 
provisions of DFARS 209.406-3 (48 CFR 209.406-3) will be followed. That 
paragraph provides the basic content and format for PFI reports.
    (d) All personnel will cooperate to ensure that investigations and 
prosecutions of procurement fraud are completed in a timely and thorough 
manner. Requests for assistance from federal prosecutors should be 
processed through the local PFA whenever possible. Requests for federal 
investigators will be processed through the supporting USACIDC and the 
PFA will be notified. When the conduct of criminal investigations and 
prosecutions conflict with the progress of procurements, reasonable 
deference will be given to criminal investigators and prosecutors 
whenever possible. Any serious conflict that cannot be resolved at a 
local level will be immediately reported to the PFI Coordinator or PFD 
for action.
    (e) PFI Coordinators and PFAs may request access to information 
obtained during criminal investigations that is not protected by Fed. R. 
Crim. P. 6(e) and use this information to assist them in taking 
appropriate administrative, contractual, and civil remedies. Requests 
for this information should be made directly to the appropriate federal 
investigative agency. The investigative organization may withhold 
requested information if release would compromise an investigation. 
Difficulties in obtaining information which cannot be resolved locally 
will be referred to PFD for appropriate action.
    (f) USACIDC will notify, in writing, local PFAs as well as PFD 
within 30 days, of initiation of a significant investigation of fraud or 
corruption related to Army procurement activities. Such notification 
will include the following:
    (1) Case title.
    (2) USACIDC Report of Investigation number.
    (3) Responsible investigative agency or agencies.
    (4) Office of primary responsibility.
    (5) Date opened.
    (6) Summary of facts.
    (7) Suspected offense.
    (g) The transmission of the information in f above may be delayed if 
the Commanding General, USACIDC, or the head of another DOD criminal 
investigation organization determines the transmission would compromise 
the success of any case or its prosecution. The prosecutive authorities 
dealing with the case will be consulted, when appropriate, in making 
such determinations.
    (h) USACIDC will obtain the following information at the earliest 
possible point in an investigation of fraud or corruption that relates 
to DOD procurement activities, whenever possible without reliance on 
grand jury subpoenas:
    (1) The individuals suspected to be responsible.
    (2) The suspected firm's organizational structure.
    (3) The firm's financial and contract history.
    (4) The firm's organizational documents and records.
    (5) Statements of witnesses.
    (6) Monetary loss to the government.
    (7) Other relevant information.
    This information will be provided to PFD or other cognizant DOD 
centralized organization.
    (i) PFD will provide written notification to the Defense 
Investigative Service of all suspension or debarment actions taken by 
the Army.



Sec.  516.62  PFD and HQ USACIDC coordination.

    PFD and HQ USACIDC will coordinate as follows:
    (a) Discuss the status of significant procurement fraud or 
corruption investigations being conducted by USACIDC and possible 
remedies. These discussions should take place on a regular basis.
    (b) Discuss the coordination of possible criminal, civil, 
contractual, or administrative remedies with prosecutive authorities.
    (c) PFD will maintain liaison with other DOD centralized 
organizations and will coordinate remedies with those centralized 
organizations affected by a significant investigation of fraud or 
corruption that relates to DOD procurement activities.

[[Page 43]]

    (d) Ascertain the effect on any ongoing investigation of the 
initiation of civil, contractual, or administrative remedies as follows:
    (1) PFD will maintain liaison with USACIDC and other DOD criminal 
investigative organizations in order to determine the advisability of 
initiating any civil, contractual, or administrative actions.
    (2) USACIDC will advise PFD of any adverse effect on an 
investigation or prosecution by the initiation of civil, contractual, or 
administrative actions.



Sec.  516.63  Coordination with DOJ.

    (a) PFD will establish and maintain liaison with DOJ and the Defense 
Procurement Fraud Unit on significant fraud and corruption cases to 
accomplish the following:
    (1) Monitor criminal prosecutions.
    (2) Initiate litigation for civil recovery.
    (3) Coordinate administrative or contractual actions while criminal 
or civil proceedings are pending.
    (4) Coordinate settlement agreements or proposed settlements of 
criminal, civil, and administrative actions.
    (5) Respond to DOJ requests for information and assistance.
    (b) In cases where there is an ongoing criminal investigation, 
coordination with DOJ by any member of the Army normally will be 
accomplished by or through USACIDC or the cognizant DOD criminal 
investigative organization, or with the investigative organization's 
advance knowledge. This does not apply to the routine exchange of 
information between government attorneys in the course of civil 
litigation or the routine referral of cases to DOJ for civil recovery.
    (c) Initial contact by any attorney associated with the U.S. Army 
with a U.S. Attorney's office or DOJ, whether initiated by the Army 
attorney or not, will be reported to PFD. Activity after the initial 
contact will only be reported to PFD when the Army attorney feels there 
has been a significant event in the case. If the Army attorney is not a 
PFI Coordinator or a PFA, the matter should be referred to one of these 
two attorneys as soon as possible. Routine exchanges between Army 
attorneys and U.S. Attorney's offices or DOJ do not need to be brought 
to the attention of PFD.



Sec.  516.64  Comprehensive remedies plan.

    (a) A specific, comprehensive remedies plan will be developed in 
each significant investigation involving fraud or corruption that 
relates to Army procurement activities. When possible, these plans 
should be forwarded with the DFARS 209.406-3 reports. In no case, 
however, should the report be delayed an appreciable time pending 
completion of the plan. The format for a remedies plan is at figure H-2, 
appendix G, to this part.
    (b) The plan will be developed initially by the PFA with the 
participation of the appropriate criminal investigators and other 
relevant personnel such as the contracting officer. In significant cases 
the PFA should also coordinate a remedies plan early with PFD. Defective 
product/product substitution remedies plans must comply with the 
requirements of appendix D to this part.
    (c) A comprehensive remedies plan will include at a minimum the 
following information and considerations:
    (1) Summary of allegations and investigative results.
    (2) Statement of any adverse impact on a DOD mission. DOD 
investigative organizations, commanders, or procurement officials will 
also provide this information to prosecutive authorities to enhance 
prosecution of offenses or to prepare a victim impact statement pursuant 
to Fed. R. Crim. P. 32(c)(2).
    (3) The impact upon combat readiness and safety.
    (4) Consideration of each criminal, civil, contractual, and 
administrative remedy available, and documentation of those remedies, 
either planned, in progress, or completed.
    (5) Restrictions on the pursuit of any remedies such as grand jury 
information or possible compromise of the investigation.
    (d) When remedies plans are received by PFD they will be coordinated 
with the headquarters of the appropriate DOD criminal investigative 
organization involved.
    (e) Testing necessary to support the investigation and remedies plan 
should

[[Page 44]]

comply with figure H-3, appendix G, to this part.



Sec.  516.65  Litigation reports in civil recovery cases.

    (a) All substantiated PFI cases will be evaluated by PFAs to 
determine whether it is appropriate to recommend civil recovery 
proceedings.
    (b) Recovery should be considered under both statutory and common 
law theories, including but not limited to the following:
    (1) False Claims Act, 31 USC 3729.
    (2) Anti-Kickback Act, 41 USC 51.
    (3) Sherman Act, 15 USC 1-7.
    (4) Racketeer Influenced and Corrupt Organizations Act, 18 USC 1961-
1968.
    (5) Common law fraud.
    (6) Unjust enrichment.
    (7) Constructive trust.
    (8) Cases where contracts have been procured in violation of the 
conflict of interest statute, 18 USC 218. See K&R Engineering Co. v. 
United States, 616 F.2d 469 (Ct. Cl., 1980).
    (c) When civil recovery appears possible, PFD should be consulted to 
determine if a litigation report is necessary. If requested by PFD, the 
report should summarize the available evidence and applicable theories 
of recovery and be prepared under Sec.  516.23 of this part. To avoid 
unnecessary duplication of effort, recovery reports may include and make 
liberal references to other reports previously prepared on a given case 
such as the DFARS 209.406-3 (48 CFR 209.406-3) report.
    (d) The MACOM PFI coordinator and PFA will monitor all civil fraud 
recovery efforts throughout the command and will provide training and 
technical assistance as required. Status reports of all civil fraud 
recovery efforts will be provided through channels as required by PFD.



Sec.  516.66  Administrative and contractual actions.

    (a) The following remedial options should be considered in response 
to confirmed fraudulent activity:
    (1) Contractual.
    (i) Termination of contract for default.
    (ii) Nonaward of contract based upon a finding of contractor 
nonresponsibility. (If this appears to be a valid option, a DFARS 
209.406-3 (48 CFR 209.406-3) report must be prepared where contractor 
nonresponsibility is based on lack of integrity).
    (iii) Rescission of contract.
    (iv) Revocation of acceptance.
    (v) Use of contract warranties.
    (vi) Withholding of payments to contractor. In the case of 
withholding pursuant to DFARS 2032.173, the Chief, PFD, is the Army 
Remedy Coordinating Official.
    (vii) Offset of payments due to contractor from other contracts.
    (viii) Revocation of facility security clearances.
    (ix) Increased level of quality assurance.
    (x) Refusal to accept nonconforming goods.
    (xi) Denial of claims submitted by contractors.
    (xii) Removal of contract from automated solicitation or payment 
system.
    (2) Administrative.
    (i) Change in contracting forms and procedures.
    (ii) Removal or reassignment of government personnel.
    (iii) Review of contract administration and payment controls.
    (iv) Revocation of warrant of contracting officer.
    (v) Suspension of contractor.
    (vi) Debarment of contractor.
    (b) In cases which are pending review or action by DOJ, PFAs should 
coordinate with the DOJ attorney handling the case prior to initiating 
any contractual or administrative remedy. In the case of ongoing 
criminal investigations, this coordination will be accomplished through 
the appropriate DOD criminal investigation organization.



Sec.  516.67  Overseas cases of fraud or corruption.

    (a) Commanders of overseas major commands will establish procedures, 
similar to this regulation and consistent with the DFARS, and 
regulations and directives of their respective unified commands, for 
reporting and coordination of available remedies in overseas procurement 
fraud and corruption cases involving foreign firms and individuals. 
Overseas major commands will also maintain liaison with

[[Page 45]]

PFD and provide periodic reports of remedies coordination results.
    (b) Overseas suspension and debarment actions are governed by DFARS 
209.403 (48 CFR 209.403). The names of all firms and individuals 
suspended or debarred will be expeditiously forwarded to PFD for 
inclusion on the List of Parties Excluded From Federal Procurement or 
NonProcurement Programs.
    (c) Overseas cases of fraud or corruption related to the procurement 
process that involve U.S. firms or U.S. citizens may be referred to PFD 
for coordination of remedies under this regulation.



Sec.  516.68  Program Fraud Civil Remedies Act (PFCRA).

    (a) PFCRA was enacted on 21 October 1986 (Public Law 99-509) and 
implemented by DOD on 30 August 1988 (DOD Directive 5505.5). (See 
appendix E to this part.)
    (b) PFCRA expands the capability of the government to deter and 
recover losses from false, fictitious or fraudulent claims and 
statements. It is also applicable to program fraud and provides an 
administrative remedy in addition to those otherwise available to the 
Army in procurement fraud or pay and entitlements fraud cases.
    (c) As part of the Army implementation, the Secretary of the Army's 
duties and responsibilities under PFCRA as Authority Head are delegated 
to the Army General Counsel. The Chief, Intellectual Property Law 
Division, is the Army's Reviewing Official within the meaning of PFCRA. 
Army implementation also requires DA to follow the policies and 
procedures prescribed in enclosure 2 of DOD Directive 5505.5. (See 
appendix E to this part.)
    (d) The DOD Inspector General (IG) is the Investigating Official 
within DOD. The duties of this position will be performed by the 
Assistant IG For Investigations. This individual is vested with the 
authority to investigate all allegations of liability under PFCRA. That 
authority includes the power to task subordinate investigative agencies 
to review and report on allegations that are subject to PFCRA. If the 
Investigative Official concludes that an action under PFCRA is warranted 
in an Army case, the official will submit a report containing the 
findings and conclusions of such investigation through PFD to the Army 
Reviewing Official.
    (e) Pursuant to DOD IG guidance, USACIDC will forward appropriate 
cases that appear to qualify for resolution under PFCRA to the 
Investigating Official in a timely manner. Additionally, USACIDC will 
forward current information regarding the status of remedies pending or 
concluded. USACIDC may obtain remedies information by coordinating with 
PFD and the cognizant command.
    (f) In pay and entitlement or transportation operation fraud cases, 
USACIDC will coordinate with the Office of the Secretary of the Army, 
Financial Management, Review and Oversight Directorate (SAFM-RO), to 
determine the status of any pending or proposed action under the Debt 
Collection Act. This information, in addition to information obtained 
under Sec.  517.68(e), will be forwarded with appropriate cases to the 
Investigating Official.
    (g) In those cases where the Investigating Official has submitted a 
report to the Army Reviewing Official for action under PFCRA, PFD will, 
at the direction of the Reviewing Official, prepare all legal memoranda 
as necessary to transmit the Reviewing Official's intention to issue a 
complaint. As part of this responsibility PFD will do the following: 
coordinate with the affected command or agency to ensure that all 
appropriate remedies have been considered; evaluate the overall 
potential benefits to the Army; and, ensure that action under PFCRA is 
not duplicative of other remedies already taken. In order to fully 
supplement the Reviewing Official's file, PFD may request a litigation 
report.
    (h) PFD will coordinate all cases involving transportation 
operations emanating from Military Traffic Management Command (MTMC) 
activity, under the military transportation exception to the FAR, and 
all cases involving pay and entitlements fraud with SAFM-RO, for 
comments and recommendations. These matters will be forwarded with the 
case file to the Reviewing Official.
    (i) If the Attorney General approves the issuance of a complaint, 
PFD, at

[[Page 46]]

the direction of the Army Reviewing Official, shall prepare the 
complaint and all necessary memoranda as required. PFD shall also 
designate attorneys to represent the Authority in hearings under PFCRA.



        Subpart I_Cooperation With the Office of Special Counsel



Sec.  516.69  Introduction.

    This subpart prescribes procedures for cooperation with the Office 
of Special Counsel (OSC) when OSC is investigating alleged prohibited 
personnel practices or other allegations of improper or illegal conduct 
within DA activities.



Sec.  516.70  Policy.

    (a) DA policy follows:
    (1) Civilian personnel actions taken by management officials, 
civilian and military, will conform to laws and regulations implementing 
established merit system principles and will be free of any prohibited 
personnel practices.
    (2) Management officials will take vigorous corrective action when 
prohibited personnel practices occur. Disciplinary measures under AR 
690-700, Chapter 751, may be initiated after consultation and 
coordination with appropriate civilian personnel office and labor 
counselor.
    (b) DA activities will cooperate with OSC in the following ways:
    (1) Promoting merit system principles in civilian employment 
programs within DA.
    (2) Investigating and reporting allegations of improper or illegal 
conduct forwarded to the activity by HQDA.
    (3) Facilitating orderly investigations by the OSC of alleged 
prohibited personnel practices and other matters assigned for 
investigation to the OSC, such as violations of the Whistleblower 
Protection Act of 1989, the Freedom of Information Act, or the Hatch 
Act.



Sec.  516.71  Duties.

    (a) DA General Counsel. The DA General Counsel is responsible for 
the following:
    (1) Provide overall guidance on all issues concerning cooperation 
with OSC, including the investigation of alleged prohibited personnel 
practices and allegations of improper or illegal conduct.
    (2) Review for adequacy and legal sufficiency each OSC report of 
investigation that must be personally reviewed by the Secretary of the 
Army.
    (3) Ensure compliance with the Civil Service Reform Act of 1978 by 
obtaining a suitable investigation of allegations of improper or illegal 
conduct received from OSC. This includes compliance with time limits for 
reporting results of the investigation and personal review of the report 
by the Secretary of the Army when required.
    (4) Forward to the DOD Inspector General (DODIG) copies of each 
allegation of improper or illegal conduct referred to DA by OSC.
    (5) Delegate to The Judge Advocate General the authority to act on 
behalf of the DA General Counsel in all OSC investigations of prohibited 
personnel practices.
    (6) Act upon requests for counsel from ``accused'' or ``suspected'' 
employees.
    (b) Chief, Labor and Employment Law Office. The Chief, Labor and 
Employment Law Office, OTJAG (DAJA-LE) is responsible for the following:
    (1) Act for TJAG as the Senior Management Official in cooperating 
with OSC. As Senior Management Official, the Chief, DAJA-LE, through 
TJAG, will be responsible to the DA General Counsel for administration 
of the policies and procedures contained in this chapter.
    (2) Promptly inform the DA General Counsel of any OSC investigation 
and consult with the DA General Counsel on any legal or policy issue 
arising from an OSC investigation.
    (3) Serve as the HQDA point of contact in providing assistance to 
OSC.
    (4) Act as DA attorney-of-record in administrative matters initiated 
by OSC before the MSPB which arise from an OSC investigation. As DA 
attorney-of-record, the Chief, DAJA-LE, will file necessary pleadings 
and make necessary appearances before the MSPB to represent DA 
interests.
    (5) Monitor ongoing OSC investigations within DA.
    (6) Ensure that appropriate DA personnel are fully apprised of their

[[Page 47]]

rights, duties and the nature and basis for an OSC investigation.
    (7) Review and prepare recommendations to the General Counsel 
concerning any OSC recommended corrective action referred to DA. Such 
review and recommendations will address whether disciplinary action 
should be taken against DA civilian employees or military members, and 
whether the information warrants referral to appropriate authorities for 
corrective and disciplinary action.
    (8) Seek OSC approval of DA proposed disciplinary action against an 
employee for an alleged prohibited personnel practice or other 
misconduct which is the subject of or related to any OSC investigation.
    (9) Review and prepare recommendations for DA General Counsel 
concerning requests for counsel, to include identifying available DA 
attorneys to act as individual representatives. Upon approval of DA 
General Counsel, appoint DA civilian and military attorneys, to include 
attorneys from the U.S. Army Materiel Command and the Corps of 
Engineers, to represent individual military members or employees.
    (10) Determine, to the extent practicable, whether an investigation 
is being or has been conducted which duplicates, in whole or in part, a 
proposed or incomplete OSC investigation, and convey that information to 
the OSC whenever it might avoid redundant investigative efforts.
    (11) Provide guidance and assistance to activity Labor Counselors in 
fulfilling their duties as Liaison Officers.
    (c) Activity Labor Counselor. The activity Labor Counselor will do 
the following:
    (1) Act as Liaison Officer for OSC investigations arising within the 
command, activity or installation serviced by the Labor Counselor's 
client Employment Office.
    (2) Promptly inform the MACOM labor counselor and the Chief, DAJA-
LE, of any OSC inquiry or investigation.
    (3) Act as the legal representative of the command, activity, or 
installation.
    (4) Assist the OSC investigator with administrative matters related 
to the investigation, such as requests for witnesses and documents.
    (5) Process all OSC requests for documents.
    (6) Make appropriate arrangements for OSC requests to interview 
civilian employees and military members.
    (7) Ensure that personnel involved are advised of the nature and 
basis for an OSC investigation, the authority of the OSC, and their 
rights and duties.
    (8) Consult with the Chief, DAJA-LE, on policy and legal issues 
arising from the OSC investigation.
    (9) Keep the Chief, DAJA-LE, informed of the status of the OSC 
investigation.
    (l0) Act as agency representative before the MSPB in actions 
initiated by employees (individual right of action appeals).



Sec.  516.72  Procedures.

    (a) Witnesses and counsel for consultation. (1) DA military and 
civilian managers, supervisors, and employees who are requested by OSC 
for an interview will be made available in accordance with arrangements 
the Labor Counselor will establish. Requests for the testimony of IGs 
will be coordinated with the Inspector General Legal Office, SAIG-ZXL, 
DSN 227-9734 or Commercial (703) 697-9734.
    (2) The Labor Counselor will ensure that witnesses are aware of 
their obligation to answer OSC questions, their potential to be 
considered ``suspects'' in OSC investigations, and their right to the 
assistance of counsel during interviews with OSC representatives. If the 
requested witness is not an ``accused'' or ``suspected'' individual and 
the witness asks for assistance of counsel, a DA attorney will be made 
available for the limited purpose of consultation regarding the witness' 
rights and obligations. An attorney-client relationship will not be 
established. (See appendix F to this part).
    (3) The Labor Counselor will arrange for individual counsel for 
consultation from local assets. If local assets are not sufficient, 
assistance may be requested from other DOD activities in the area or 
from HQDA, DAJA-LE. DA attorneys tasked to consult with one or more 
witnesses individually will not be tasked to represent the DA activity 
concerned.

[[Page 48]]

    (4) The Labor Counselor, as the legal representative of the 
activity, is precluded from assisting or representing individual 
witnesses during OSC interviews.
    (b) ``Accused'' or ``suspected'' DA personnel and counsel for 
representation. (1) If the OSC identifies a DA civilian employee or a 
military member as an ``accused'' or ``suspected'' individual, or if the 
Labor Counselor concludes that an individual is a ``suspect,'' the Labor 
Counselor will inform the individual. The Labor Counselor also will 
advise the individual of the availability of counsel for representation 
upon approval by DA General Counsel. (See Glossary, Counsel for 
Representation).
    (2) If the ``suspected'' individual desires legal representation by 
DA, the individual must request counsel by submitting a written request 
through DAJA-LE to DA General Counsel. (See figure I-1, appendix G, to 
this part).
    (3) During the investigation but prior to DA General Counsel 
approval of the request for counsel, an ``accused'' or ``suspected'' 
individual will be provided the assistance of counsel for consultation 
in the same manner as any other OSC requested witness. ``Accused'' or 
``suspected'' individuals who do not request counsel for representation 
will be provided counsel for consultation in the same manner as any 
other OSC requested witness.
    (4) If the DA General Counsel approves the request for counsel, the 
Chief, DAJA-LE, will appoint a DA attorney to represent the individual. 
This appointment may be made telephonically but will be confirmed in 
writing. The Chief, DAJA-LE, will make appropriate coordination with 
MACOM SJAs and command counsel to confirm availability of the attorney.
    (5) An attorney appointed by DA may represent a civilian employee in 
any proceeding initiated by OSC before the MSPB. However, counsel 
provided by DA may not represent the employee in any proceeding 
initiated by DA, in any appeal from a final decision by the MSPB, or in 
any collateral proceeding before any forum other than the MSPB.
    (6) OSC may not bring a disciplinary action before the MSPB against 
a military member. Accordingly, DA counsel will not be required to 
represent the military member in any MSPB disciplinary proceeding. 
However, counsel may represent the member during the OSC investigation 
with the understanding that the evidence obtained by OSC may be referred 
to the member's command for possible disciplinary action under the UCMJ 
or appropriate regulations. If DA initiates action against the military 
member for misconduct disclosed in the OSC investigation, the member 
will obtain counsel as provided under the UCMJ or relevant regulations.
    (c) Records. (1) OSC requests for records must be in writing. The 
Labor Counselor will assist OSC representatives in identifying the 
custodian of specific records sought during the inquiry.
    (2) Generally, requested records should be furnished to OSC 
representatives if such records would be released under AR 25-55 or AR 
340-21 to other government agencies in the normal course of official 
business. Records constituting attorney work product should not be 
released without approval of the Chief, DAJA-LE. IG records will not be 
released without the approval of the Inspector General. (AR 20-1). The 
Labor Counselor should seek guidance from the Chief, DAJA-LE, if there 
is any doubt concerning the release of records.
    (3) If, after completion of the OSC investigation, the OSC files a 
complaint against DA or a DA employee, release of records and other 
information will be accomplished pursuant to MSPB rules of discovery (5 
CFR part 1201, subpart B).
    (d) Funding. The command, activity, or installation within which the 
allegations of misconduct arose will provide funding for travel, per 
diem and other necessary expenses related to the OSC investigation. 
These expenses may include appropriate funding for witnesses, counsel 
for consultation and DA General Counsel approved counsel for 
representation.



Sec.  516.73  Assistance from HQDA.

    Labor Counselors may seek guidance on questions arising from 
implementation of this chapter by calling the

[[Page 49]]

Chief, DAJA-LE, DSN 225-9476/9481 or Commercial (703) 695-9476/9481.



     Subpart J_Soldiers Summoned To Serve on State and Local Juries



Sec.  516.74  General.

    (a) This subpart implements 10 U.S.C. Sec.  982 and DOD Directive 
5525.8. It establishes Army policy concerning soldiers on active duty 
who are summoned to serve on state and local juries.
    (b) This subpart does not apply to Army National Guard soldiers in 
an annual training or full-time AGR (Active Guard Reserve) status under 
Title 32, U.S. Code. Soldiers in a Title 32 status must refer to their 
respective state law for relief from state or local jury duty.



Sec.  516.75  Policy.

    (a) Active duty soldiers should fulfill their civic responsibility 
by serving on state and local juries, so long as it does not interfere 
with military duties.
    (b) The following active duty soldiers are exempt from complying 
with summons to serve on state and local juries:
    (1) General officers.
    (2) Commanders.
    (3) Active duty soldiers stationed outside the United States, Puerto 
Rico, Guam, the Northern Mariana Islands, American Samoa, and the Virgin 
Islands.
    (4) Active duty soldiers in a training status.
    (5) Active duty soldiers assigned to forces engaged in operations.
    (c) Other active duty soldiers may be exempted from serving on local 
juries if compliance with such summons would have either of the 
following effects:
    (1) It would unreasonably interfere with performance of the 
soldier's military duties; or,
    (2) It would adversely affect the readiness of a summoned soldier's 
unit, command, or activity.



Sec.  516.76  Exemption determination authority.

    (a) The commander exercising special court-martial convening 
authority (SPCMCA) over a unit has the authority to determine whether a 
soldier of that unit, who has been served with a summons, is exempt from 
serving on a state or local jury unless that authority has been limited 
or withheld in accordance with paragraph (b) or (c) of this section. 
This authority may not be delegated to a subordinate commander who does 
not exercise SPCMCA.
    (b) A commander superior to the SPCMCA, who also exercises SPCMCA or 
general court-martial convening authority (GCMCA) over a unit, may limit 
or withhold the exemption determination authority of subordinate 
commanders.
    (c) A GCMCA, who orders a unit or soldier assigned to one command to 
be attached or detailed to another command for disciplinary purposes 
(for example, ``for administration'' or ``for administration of military 
justice''), may reserve exemption determination authority to the 
commander exercising SPCMCA in the chain of command to which the unit or 
soldier is assigned rather than the chain of command to which the unit 
or soldier is attached or detailed.



Sec.  516.77  Procedures for exemption.

    (a) Active duty soldiers served with a summons to serve on a state 
or local jury will promptly advise their commander and provide copies of 
pertinent documents.
    (b) Unit commanders will evaluate the summons considering both the 
individual soldier's duties and the unit mission. Coordination with the 
servicing judge advocate or legal adviser and with the appropriate state 
or local official may be necessary to determine any impact on the 
soldier's duties or on unit readiness.
    (1) If the soldier is not exempt under Sec.  516.75 (b) or (c), the 
commander will process the soldier for permissive TDY in accordance with 
AR 630-5, Leaves and Passes.
    (2) If the soldier is exempt under Sec.  516.75 (b) or (c), the 
commander will forward the summons and any related documentation, with 
recommendations, through the chain of command to the commander with 
exemption determination authority over the soldier concerned.
    (c) The commander with exemption determination authority over the 
soldier concerned will determine whether

[[Page 50]]

the soldier is exempt. His determination is final.
    (d) The exemption determination authority will notify responsible 
state or local officials whenever a soldier summoned for jury duty is 
exempt. The notification will cite 10 U.S.C. 982 as authority.



Sec.  516.78  Status, fees, and expenses.

    (a) Soldiers who are required to comply with summons to serve on 
state or local juries will be placed on permissive TDY under the 
provisions of AR 630-5.
    (b) Jury fees accruing to soldiers for complying with the summons to 
serve on state and local juries must be turned over to the appropriate 
finance office for deposit into the U.S. Treasury. Commands will 
establish procedures with local authorities and their servicing finance 
and accounting activity to ensure that such jury fees are so deposited. 
Soldiers, however, may keep any reimbursement from state or local 
authority for expenses incurred in the performance of jury duty, 
including transportation, meals, and parking.





                 Sec. Appendix A to Part 516--References

    Publications referenced in this part can be obtained at the National 
Technical Information Services, U.S. Department of Commerce, 5285 Port 
Royal Road, Springfield, VA 22161.

                          Required Publications

AR 25-55, The Department of the Army Freedom of Information Act Program. 
          (Cited in Sec. Sec.  516.40, 516.72)
AR 27-10, Military Justice. (Cited in Sec.  516.4)
AR 27-20, Claims. (Cited in Sec. Sec.  516.4, 516.33, 516.22)
AR 27-60, Patents, Inventions, and Copyrights.
AR 37-60, Pricing for Material and Services. (Cited in Sec.  516.43.)
AR 37-103, Finance and Accounting for Installations: Disbursing 
          Operations. (Cited in Sec.  516.22.)
AR 60-20, Operating Policies. (Cited in Sec.  516.22.)
AR 190-9, Absentee Deserter Apprehension Program and Surrender of 
          Military Personnel to Civilian Law Enforcement Agencies. 
          (Cited in Sec.  516.9)
AR 210-47, State and Local Taxation of Lessee's Interest in Wherry Act 
          Housing (Title VIII of the National Housing Act).
AR 215-1, Administration of Army Morale, Welfare, and Recreation 
          Activities and Nonappropriated Fund Instrumentalities. (Cited 
          in Sec.  516.22.)
AR 215-2, The Management and Operation of Army Morale, Welfare, and 
          Recreation Activities and Nonappropriated Fund 
          Instrumentalities. (Cited in Sec.  516.22.)
AR 310-1, Publications, Blank Forms, and Printing Management.
AR 340-21, The Army Privacy Program. (Cited in Sec. Sec.  516.40, 
          516.72.)
AR 380-5, Department of the Army Information Security Program.
AR 405-25, Annexation. (Cited in Sec.  516.22.)
AR 630-5, Leaves and Passes. (Cited in Sec. Sec.  516.55, 516.77, 
          516.78.)
AR 630-10, Absence Without Leave, Desertion, and Administration of 
          Personnel Involved in Civilian Court Proceedings. (Cited in 
          Sec.  516.9)

                          Related Publications

    A related publication is merely a source of additional information. 
The user does not have to read it to understand the regulation.
AR 20-1, Inspector General Activities and Procedures. (Cited in 
          Sec. Sec.  516.41, 516.72.)
AR 27-1, Judge Advocate Legal Service.
AR 27-3, Legal Assistance. (Cited in Sec.  516.6.)
AR 27-10, Military Justice. (Cited in Sec. Sec.  516.4, 516.5, 516.15.)
AR 27-50, Status of Forces Policies, Procedures, and Information. (Cited 
          in Sec.  516.15.)
AR 37-104-3, Military Pay and Allowances Procedures.
AR 37-105, Finance and Accounting for Installations: Civilian Pay 
          Procedures.
AR 55-19, Marine Casualties. (Cited in Sec.  516.22.)
AR 190-29, Misdemeanors and Uniform Violation Notices Referred to U.S. 
          Magistrates or District Courts.
AR 190-40, Serious Incident Report. (Cited in Sec.  516.15.)
AR 210-50, Family Housing Management. (Cited in Sec.  516.37.)
AR 335-15, Management Information Control System. (Cited in Sec.  
          516.15.)
AR 600-40, Apprehension, Restraint, and Release to Civil Authorities.
AR 600-50, Standards of Conduct for Department of the Army Personnel.
AR 690-700, Personnel Relations and Services. (Cited in Sec.  516.70.)

                             Prescribed Form

DA Form 4, Department of the Army Certification for Authentication of 
          Records. (Prescribed in Sec.  516.25, 516.35.)

                            Referenced Forms

DA Form 2631-R, Medical Care-Third Party Liability Notification.
DA Form 3154, MSA Invoice and Receipt.

[[Page 51]]



             Sec. Appendix B to Part 516--Mailing Addresses

    The following is a list of frequently referred to Department of the 
Army Services/Divisions/Offices and their mailing addresses:

COMMANDER (JACS-Z), U.S. ARMY CLAIMS SERVICE, OTJAG, BUILDING 4411, ROOM 
          206, LLEWELLYN AVENUE, FORT GEORGE G. MEADE, MD 20755-5360
    (1) PERSONNEL CLAIMS AND RECOVERY DIVISION (JACS-PC), U.S. ARMY 
CLAIMS SERVICE, OTJAG, BUILDING 4411, ROOM 206, LLEWELLYN AVENUE, FORT 
GEORGE G. MEADE, MD 20755-5360
    (2) TORT CLAIMS DIVISION (JACS-TC), U.S. ARMY CLAIMS SERVICE, OTJAG, 
BUILDING 4411, ROOM 206, LLEWELLYN AVENUE, FORT GEORGE G. MEADE, MD 
20755-5360
CONTRACT APPEALS DIVISION, HQDA(DAJA-CA), 901 NORTH STUART STREET, 
          ARLINGTON, VA 22203-1837
CONTRACT LAW DIVISION, THE JUDGE ADVOCATE GENERAL, 2200 ARMY PENTAGON, 
          WASHINGTON, DC 20310-2200
CRIMINAL LAW DIVISION, THE JUDGE ADVOCATE GENERAL, 2200 ARMY PENTAGON, 
          WASHINGTON, DC 20310-2200
ENVIRONMENTAL LAW DIVISION, HQDA(DAJA-EL), 901 NORTH STUART STREET, 
          ARLINGTON, VA 22203-1837
LABOR AND EMPLOYMENT LAW DIVISION, THE JUDGE ADVOCATE GENERAL, 2200 ARMY 
          PENTAGON, WASHINGTON, DC 20310-2200,
LITIGATION DIVISION, HQDA(DAJA-LT), 901 NORTH STUART STREET, ARLINGTON, 
          VA 22203-1837
    (1) CIVILIAN PERSONNEL BRANCH, HQDA(DAJA-LTC), 901 NORTH STUART 
STREET, ARLINGTON, VA 22203-1837
    (2) GENERAL LITIGATION BRANCH, HQDA(DAJA-LTG), 901 NORTH STUART 
STREET, ARLINGTON, VA 22203-1837
    (3) MILITARY PERSONNEL BRANCH, HQDA(DAJA-LTM), 901 NORTH STUART 
STREET, ARLINGTON, VA 22203-1837
    (4) TORT BRANCH, HQDA(DAJA-LTT), 901 NORTH STUART STREET, ARLINGTON, 
VA 22203-1837
PERSONNEL, PLANS, AND TRAINING OFFICE, THE JUDGE ADVOCATE GENERAL, 2200 
          ARMY PENTAGON, WASHINGTON, DC 20310-2200
PROCUREMENT FRAUD DIVISION, HQDA(DAJA-PF), 901 NORTH STUART STREET, 
          ARLINGTON, VA 22203-1837
INTELLECTUAL PROPERTY DIVISION, HQDA(JALS-IP), 901 NORTH STUART STREET, 
          ARLINGTON, VA 22203-1837
REGULATORY LAW OFFICE, HQDA(JALS-RL), 901 NORTH STUART STREET, 
          ARLINGTON, VA 22203-1837
THE JUDGE ADVOCATE GENERAL, 2200 ARMY PENTAGON, WASHINGTON, DC 20310-
          2200
THE AJAG FOR CIVIL LAW & LITIGATION, THE JUDGE ADVOCATE GENERAL, 2200 
          ARMY PENTAGON, WASHINGTON, DC 20310-2200
U.S. ARMY TRIAL DEFENSE SERVICE, HQDA(JALS-TD), NASSIF BUILDING, FALLS 
          CHURCH, VA 22041-5013



  Sec. Appendix C to Part 516--Department of Defense Directive 5405.2, 
   Release of Official Information in Litigation and Testimony by DoD 
                         Personnel as Witnesses

                     Department of Defense Directive

                  July 23, 1985, Number 5405.2, GC, DOD

Subject: Release of Official Information in Litigation and Testimony by 
          DoD Personnel as Witnesses
References:
(a) Title 5, United States Code, Sections 301, 552, and 552a
(b) Title 10, United States Code, Section 133
(c) DoD Directive 5220.6, ``Industrial Personnel Security Clearance 
          Program,'' December 20, 1976
(d) DoD Directive 5200.1-R, ``Information Security Program Regulation,'' 
          August 1982, authorized by DoD Directive 5200.1, June 7, 1982
(e) DoD Directive 5230.25, ``Withholding of Unclassified Technical Data 
          from Public Disclosure,'' November 6, 1984
(f) DoD Instruction 7230.7, ``User Charges,'' January 29, 1985
(g) DoD Directive 5400.7-R, ``DoD Freedom of Information Act Program,'' 
          December 1980, authorized by DoD Directive 5400.7, March 24, 
          1980

                               A. Purpose

    Under Section 301 reference (a) and reference (b), this Directive 
establishes policy, assigns responsibilities, and prescribes procedures 
for the release of official DoD information in litigation and for 
testimony by DoD personnel as witnesses during litigation.

                       B. Applicability and Scope

    1. This Directive applies to the Office of the Secretary of Defense 
(OSD), the Military Departments, the Organization of the Joint Chiefs of 
Staff (OJCS), the Unified and Specified Commands, and the Defense 
Agencies (hereafter referred to as ``DoD Components''), and to all 
personnel of such DoD Components.

[[Page 52]]

    2. This Directive does not apply to the release of official 
information or testimony by DoD personnel in the following situations:
    a. Before courts-martial convened by the authority of the Military 
Departments or in administrative proceedings conducted by or on behalf 
of a DoD Component;
    b. Pursuant to administrative proceedings conducted by or on behalf 
of the Equal Employment Opportunity Commission (EEOC) or the Merit 
Systems Protection Board (MSPB), or pursuant to a negotiated grievance 
procedure under a collective bargaining agreement to which the 
Government is a party;
    c. In response to requests by Federal Government counsel in 
litigation conducted on behalf of the United States;
    d. As part of the assistance required in accordance with the Defense 
Industrial Personnel Security Clearance Program under DoD Directive 
5220.6 (reference (c)); or
    e. Pursuant to disclosure of information to Federal, State, and 
local prosecuting and law enforcement authorities, in conjunction with 
an investigation conducted by a DoD criminal investigative organization.
    3. This Directive does not supersede or modify existing laws or DoD 
programs governing the testimony of DoD personnel or the release of 
official DoD information during grand jury proceedings, the release of 
official information not involved in litigation, or the release of 
official information pursuant to the Freedom of Information Act, 5 
U.S.C. Section 552 (reference (a)) or the Privacy Act, 5 U.S.C. Section 
552a (reference (a)), nor does this Directive preclude treating any 
written request for agency records that is not in the nature of legal 
process as a request under the Freedom of Information or Privacy Acts.
    4. This Directive is not intended to infringe upon or displace the 
responsibilities committed to the Department of Justice in conducting 
litigation on behalf of the United States in appropriate cases.
    5. This Directive does not preclude official comment on matters in 
litigation in appropriate cases.
    6. This Directive is intended only to provide guidance for the 
internal operation of the Department of Defense and is not intended to, 
does not, and may not be relied upon to create any right or benefit, 
substantive or procedural, enforceable at law against the United States 
or the Department of Defense.

                             C. Definitions

    1. Demand. Subpoena, order, or other demand of a court of competent 
jurisdiction, or other specific authority for the production, 
disclosure, or release of official DoD information or for the appearance 
and testimony of DoD personnel as witnesses.
    2. DoD Personnel. Present and former U.S. military personnel; 
Service Academy cadets and midshipmen; and present and former civilian 
employees of any Component of the Department of Defense, including 
nonappropriated fund activity employees; non-U.S. nationals who perform 
services overseas, under the provisions of status of forces agreements, 
for the United States Armed Forces; and other specific individuals hired 
through contractual agreements by or on behalf of the Department of 
Defense.
    3. Litigation. All pretrial, trial, and post-trial stages of all 
existing or reasonably anticipated judicial or administrative actions, 
hearings, investigations, or similar proceedings before civilian courts, 
commissions, boards (including the Armed Services Board of Contract 
Appeals), or other tribunals, foreign and domestic. This term includes 
responses to discovery requests, depositions, and other pretrial 
proceedings, as well as responses to formal or informal requests by 
attorneys or others in situations involving litigation.
    4. Official Information. All information of any kind, however 
stored, that is in the custody and control of the Department of Defense, 
relates to information in the custody and control of the Department, or 
was acquired by DoD personnel as part of their official duties or 
because of their official status within the Department while such 
personnel were employed by or on behalf of the Department or on active 
duty with the United States Armed Forces.

                                D. Policy

    It is DoD policy that official information should generally be made 
reasonably available for use in Federal and state courts and by other 
governmental bodies unless the information is classified, privileged, or 
otherwise protected from public disclosure.

                           E. Responsibilities

    1. The General Counsel, Department of Defense (GC, DoD), shall 
provide general policy and procedural guidance by the issuance of 
supplemental instructions or specific orders concerning the release of 
official DoD information in litigation and the testimony of DoD 
personnel as witnesses during litigation.
    2. The Heads of DoD Components shall issue appropriate regulations 
to implement this Directive and to identify official information that is 
involved in litigation.

                              F. Procedures

                           1. Authority To Act

    a. In response to a litigation request or demand for official DoD 
information or the testimony of DoD personnel as witnesses, the

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General Counsels of DoD, Navy, and the Defense Agencies; the Judge 
Advocates General of the Military Departments; and the Chief Legal 
Advisors to the JCS and the Unified and Specified Commands, with regard 
to their respective Components, are authorized--after consulting and 
coordinating with the appropriate Department of Justice litigation 
attorneys, as required--to determine whether official information 
originated by the Component may be released in litigation; whether DoD 
personnel assigned to or affiliated with the Component may be 
interviewed, contacted, or used as witnesses concerning official DoD 
information or as expert witnesses; and what, if any, conditions will be 
imposed upon such release, interview, contact, or testimony. Delegation 
of this authority, to include the authority to invoke appropriate claims 
of privilege before any tribunal, is permitted.
    b. In the event that a DoD Component receives a litigation request 
or demand for official information originated by another Component, the 
receiving Component shall forward the appropriate portions of the 
request or demand to the originating Component for action in accordance 
with this Directive. The receiving Component shall also notify the 
requestor, court, or other authority of its transfer of the request or 
demand.
    c. Notwithstanding the provisions of paragraphs F.1.a. and b., the 
GC, DoD, in litigation involving terrorism, espionage, nuclear weapons, 
intelligence means or sources, or otherwise as deemed necessary, may 
notify Components that GC, DoD, will assume primary responsibility for 
coordinating all litigation requests and demands for official DoD 
information or the testimony of DoD personnel, or both; consulting with 
the Department of Justice, as required; and taking final action on such 
requests and demands.

                         2. Factors To Consider

    In deciding whether to authorize the release of official DoD 
information or the testimony of DoD personnel concerning official 
information (hereinafter referred to as ``the disclosure'') pursuant to 
paragraph F.1., DoD officials should consider the following types of 
factors:
    a. Whether the request or demand is unduly burdensome or otherwise 
inappropriate under the applicable court rules;
    b. Whether the disclosure, including release in camera, is 
appropriate under the rules of procedure governing the case or matter in 
which the request or demand arose;
    c. Whether the disclosure would violate a statute, executive order, 
regulation, or directive;
    d. Whether the disclosure, including release in camera, is 
appropriate or necessary under the relevant substantive law concerning 
privilege;
    e. Whether the disclosure, except when in camera and necessary to 
assert a claim of privilege, would reveal information properly 
classified pursuant to the DoD Information Security Program under DoD 
5200.1-R (reference (d)), unclassified technical data withheld from 
public release pursuant to DoD Directive 5230.25 (reference (e)), or 
other matters exempt from unrestricted disclosure; and
    f. Whether disclosure would interfere with ongoing enforcement 
proceedings, compromise constitutional rights, reveal the identity of an 
intelligence source or confidential informant, disclose trade secrets or 
similarly confidential commercial or financial information, or otherwise 
be inappropriate under the circumstances.

             3. Decisions on Litigation Requests and Demands

    a. Subject to paragraph F.3.e., DoD personnel shall not, in response 
to a litigation request or demand, produce, disclose, release, comment 
upon, or testify concerning any official DoD information without the 
prior written approval of the appropriate DoD official designated in 
paragraph F.1. Oral approval may be granted, but a record of such 
approval shall be made and retained in accordance with the applicable 
implementing regulations.
    b. If official DoD information is sought, through testimony or 
otherwise, by a litigation request or demand, the individual seeking 
such release or testimony must set forth, in writing and with as much 
specificity as possible, the nature and relevance of the official 
information sought. Subject to paragraph F.3.e., DoD personnel may only 
produce, disclose, release, comment upon, or testify concerning those 
matters that were specified in writing and properly approved by the 
appropriate DoD official designated in paragraph F.1. See United States 
ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).
    c. Whenever a litigation request or demand is made upon DoD 
personnel for official DoD information or for testimony concerning such 
information, the personnel upon whom the request or demand was made 
shall immediately notify the DoD official designated in paragraph F.1. 
for the Component to which the individual contacted is or, for former 
personnel, was last assigned. In appropriate cases, the responsible DoD 
official shall thereupon notify the Department of Justice of the request 
or demands. After due consultation and coordination with the Department 
of Justice, as required, the DoD official shall determine whether the 
individual is required to comply with the request or demand and shall 
notify the requestor or the court or other authority of the 
determination reached.
    d. If, after DoD personnel have received a litigation request or 
demand and have in

[[Page 54]]

turn notified the appropriate DoD official in accordance with paragraph 
F.3.c., a response to the request or demand is required before 
instructions from the responsible official are received, the responsible 
official designated in paragraph F.1. shall furnish the requestor or the 
court or other authority with a copy of this Directive and applicable 
implementing regulations, inform the requestor or the court or other 
authority that the request or demand is being reviewed, and seek a stay 
of the request or demand pending a final determination by the Component 
concerned.
    e. If a court of competent jurisdiction or other appropriate 
authority declines to stay the effect of the request or demand in 
response to action taken pursuant to paragraph F.3.d., or if such court 
or other authority orders that the request or demand must be complied 
with notwithstanding the final decision of the appropriate DoD official, 
the DoD personnel upon whom the request or demand was made shall notify 
the responsible DoD official of such ruling or order. If the DoD 
official determines that no further legal review of or challenge to the 
court's ruling or order will be sought, the affected DoD personnel shall 
comply with the request, demand, or order. If directed by the 
appropriate DoD official, however, the affected DoD personnel shall 
respectfully decline to comply with the demand. See United States ex 
rel. Touhy v. Ragen, 340 U.S. 462 (1951).

                                 4. Fees

    Consistent with the guidelines in DoD Instruction 7230.7 (reference 
(f)), the appropriate officials designated in paragraph F.1. are 
authorized to charge reasonable fees, as established by regulation and 
to the extent not prohibited by law, to parties seeking, by request or 
demand, official DoD information not otherwise available under the DoD 
Freedom of Information Act Program (reference (g)). Such fees, in 
amounts calculated to reimburse the Government for the expense of 
providing such information, may include the costs of time expended by 
DoD employees to process and respond to the request or demand; attorney 
time for reviewing the request or demand and any information located in 
response thereto and for related legal work in connection with the 
request or demand; and expenses generated by materials and equipment 
used to search for, produce, and copy the responsive information. See 
Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340 (1978).

                     5. Expert or Opinion Testimony

    DoD personnel shall not provide, with or without compensation, 
opinion or expert testimony concerning official DoD information, 
subjects, or activities, except on behalf of the United States or a 
party represented by the Department of Justice. Upon a showing by the 
requestor of exceptional need or unique circumstances and that the 
anticipated testimony will not be adverse to the interests of the 
Department of Defense or the United States, the appropriate DoD official 
designated in paragraph F.1. may, in writing, grant special 
authorization for DoD personnel to appear and testify at no expense to 
the United States. If, despite the final determination of the 
responsible DoD official, a court of competent jurisdiction, or other 
appropriate authority, orders the appearance and expert or opinion 
testimony of DoD personnel, the personnel shall notify the responsible 
DoD official of such order. If the DoD official determines that no 
further legal review of or challenge to the court's order will be 
sought, the affected DoD personnel shall comply with the order. If 
directed by the appropriate DoD official, however, the affected DoD 
personnel shall respectfully decline to comply with the demand. See 
United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).

                  G. Effective Date and Implementation

    This Directive is effective immediately. Forward two copies of 
implementing documents to the General Counsel, DoD, within 120 days.

Signed by William H. Taft, IV
    Deputy Secretary of Defense.



  Sec. Appendix D to Part 516--Department of Defense Directive 7050.5, 
Coordination of Remedies for Fraud and Corruption Related to Procurement 
                               Activities

                     Department of Defense Directive

                  June 7, 1989, Number 7050.5, IG, DOD

Subject: Coordination of Remedies for Fraud and Corruption Related to 
          Procurement Activities
References:
(a) DoD Directive 7050.5, subject as above, June 28, 1985 (hereby 
          canceled)
(b) Public Law 97-291, ``The Victim and Witness Protection Act of 
          1982,'' October 12, 1982
(c) Defense FAR Supplement (DFARS), Subpart 4.6, ``Contract Reporting''
(d) DoD Instruction 4105.61, ``DoD Procurement Coding Manual,'' May 4, 
          1973
(e) DoD 4105.61-M, ``Procurement Coding Manual'' (Volume I), October 
          1988, authorized by DoD Instruction 4105.61 May 4, 1973

                        A. Reissuance and Purpose

    This Directive reissues reference (a) to update policies, 
procedures, and responsibilities for the coordination of criminal, 
civil, administrative, and contractual remedies stemming from 
investigation of fraud or corruption related to procurement activities.

[[Page 55]]

More effective and timely communication of information developed during 
such investigations will enable the Department of Defense to take the 
most appropriate of the available measures.

                            B. Applicability

    This Directive applies to the Office of the Secretary of Defense 
(OSD); the Inspector General, Department of Defense (IG, DoD); the 
Military Departments; the Defense Agencies; and the DoD Field Activities 
(hereafter referred to collectively as ``DoD Components'').

                             C. Definitions

    1. DoD Criminal Investigative Organizations. Refers to the U.S. Army 
Criminal Investigation Command; the Naval Investigative Service Command; 
the U.S. Air Force Office of Special Investigations; and the Defense 
Criminal Investigative Service, Office of the IG, DoD (OIG, DoD).
    2. Significant. Refers to all fraud cases involving an alleged loss 
of $100,000, or more; all corruption cases related to procurement that 
involved bribery, gratuities, or conflicts of interest; and any 
investigation into defective products or product substitution in which a 
SERIOUS HAZARD to health, safety, or operational readiness is indicated, 
regardless of loss value.

                                D. Policy

    It is DoD policy that:
    1. Each of the DoD Components shall monitor, from its inception, all 
significant investigations of fraud or corruption related to procurement 
activities affecting its organizations, for the purpose of ensuring that 
all possible criminal, civil, administrative, and contractual remedies 
in such cases are identified to cognizant procurement and command 
officials and that appropriate remedies are pursued expeditiously. This 
process shall include appropriate coordination with all other affected 
DoD Components.
    2. All investigations of fraud or corruption related to procurement 
activities shall be reviewed to determine and implement the appropriate 
contractual and administrative actions that are necessary to recover 
funds lost through fraud or corruption and to ensure the integrity of 
DoD programs and operations.
    3. Appropriate civil, contractual, and administrative actions, 
including those set forth in enclosure 1, shall be taken expeditiously. 
During an investigation and before prosecution or litigation, and when 
based in whole or in part on evidence developed during an investigation, 
such actions shall be taken with the advance knowledge of the 
responsible DoD criminal investigative organization and, when necessary, 
the appropriate legal counsel in the Department of Defense and the 
Department of Justice (DoJ). When appropriate, such actions shall be 
taken before final resolution of the criminal or civil case.

                           E. Responsibilities

    1. The Heads of DoD Components shall:
    a. Establish a centralized organization (hereafter referred to as 
``the centralized organization'') to monitor and ensure the coordination 
of criminal, civil, administrative, and contractual remedies for each 
significant investigation of fraud or corruption related to procurement 
activities affecting the DoD Component.
    b. Establish procedures requiring the centralized organization to 
discuss regularly with the assigned DoD criminal investigative 
organization(s) such issues as the current status of significant 
investigations and their coordination with prosecutive authorities.
    c. Establish procedures requiring that all coordination involving 
the DoJ, during the pendency of a criminal investigation, is 
accomplished by or with the advance knowledge of the appropriate DoD 
criminal investigative organization(s).
    d. Establish procedures to ensure appropriate coordination of 
actions between the centralized organizations of any DoD Components 
affected by a significant investigation of fraud or corruption related 
to procurement activities.
    e. Establish procedures to ensure that all proper and effective 
civil, administrative, and contractual remedies available to the 
Department of Defense are, when found applicable and appropriate, 
considered and undertaken promptly by the necessary DoD officials (e.g., 
commanders, programs officials, and contracting officers). This includes 
initiation of any suspension and debarment action within 30 days of an 
indictment or conviction. The centralized organization shall ensure that 
all proposed actions are coordinated with appropriate investigative 
organization.
    f. Establish procedures to ensure that a specific comprehensive 
remedies plan is developed for each significant investigation involving 
fraud or corruption related to procurement activities. These procedures 
shall include the participation of the appropriate DoD criminal 
investigative organization in the development of the plan.
    g. Establish procedures to ensure that in those significant 
investigations of fraud or corruption related to procurement activities 
when adverse impact on a DoD mission can be determined, such adverse 
impact is identified and documented by the centralized organization. 
This information is to be used by the centralized organization of the 
DoD Component concerned in development of the remedies plan required in 
paragraph E.1.f., above, and shall be furnished to prosecutors

[[Page 56]]

as stated in paragraph E.2.e., below. The information shall also be used 
by the centralized organizations in development and preparation of 
``Victim Impact Statements'' for use in sentencing proceedings, as 
provided for P.L. 97-291 (reference (b)). Some examples of adverse 
impact on a DoD mission are as follows:
    (1) Endangerment of personnel or property.
    (2) Monetary loss.
    (3) Denigration of program or personnel integrity.
    (4) Compromise of the procurement process.
    (5) Reduction or loss of mission readiness.
    h. Ensure training materials are developed on fraud and corruption 
in the procurement process, and that all procurement and procurement-
related training includes a period of such instruction appropriate to 
the duration and nature of the training.
    i. Establish procedures enabling the centralized organization to 
ensure that safety and readiness issues are examined and appropriately 
dealt with for all cases in which a notice is required under paragraph 
E.2.i., below. The minimum procedures to be followed by the centralized 
organization are in enclosure 3.
    j. Ensure that appropriate command, procurement, and investigative 
organizations are provided sufficient information to determine if 
further inquiry is warranted on their part to prevent reoccurrence and 
detect other possible fraud within their activity.
    2. The Secretaries of the Military Departments and the Inspector 
General, Department of Defense (IG, DoD), or their designees, shall 
establish procedures that ensure that their respective criminal 
investigative organizations will:
    a. Notify, in writing, the centralized organization for the affected 
DoD Component of the start of all significant investigations involving 
fraud or corruption that are related to procurement activities. Initial 
notification shall include the following elements:
    (1) Case title.
    (2) Case control number.
    (3) Investigative agency and office of primary responsibility.
    (4) Date opened.
    (5) Predication.
    (6) Suspected offense(s).
    b. Notify expeditiously the Defense Investigative Service (DIS) of 
any investigations that develop evidence that would impact on DoD-
cleared industrial facilities or personnel.
    c. Discuss regularly with the centralized organization such issues 
as the current status of significant investigations and their 
coordination with prosecutive authorities. If the DoD criminal 
investigative organization has prepared any documents summarizing the 
current status of the investigation, such documents shall be provided to 
the centralized organization. Completed reports of significant 
investigations also should be provided to the centralized organization.
    d. Provide to the appropriate procurement officials, commanders, and 
suspension and debarment authorities, when needed to allow consideration 
of applicable remedies, any court records, documents, or other evidence 
of fraud or corruption related to procurement activities. Such 
information shall be provided in a timely manner to enable the 
suspension and debarment authority to initiate suspension and debarment 
action within 30 days of an indictment or conviction.
    e. Provide expeditiously to prosecutive authorities the information 
regarding any adverse impact on a DoD mission, that is gathered under 
paragraph E.1.g., above, for the purpose of enhancing the 
prosecutability of a case. Such information also should be used in 
preparing a victim impact statement for use in sentencing proceedings as 
provided for in Public Law 97-291.
    f. Gather, at the earliest practical point in the investigation, 
without reliance on grand jury subpoenas whenever possible, relevant 
information concerning responsible individuals, the organizational 
structure, finances, and contract history of DoD contractors under 
investigation for fraud or corruption related to procurement activities, 
to facilitate the criminal investigation as well as any civil, 
administrative, or contractual actions or remedies that may be taken. 
Some available sources of such information are listed in enclosure 2.
    g. Provide timely notice to other cognizant DoD criminal 
investigative organizations of evidence of fraud by a contractor, 
subcontractor, or employees of either, on current or past contracts 
with, or affecting, other DoD Components.
    h. Ascertain the impact upon any ongoing investigation or 
prosecution of civil, contractual, and administrative actions being 
considered and advise the appropriate centralized organization of any 
adverse impact.
    i. Obtain a DD 350 report in every investigation into defective 
products or product substitution in which a SERIOUS HAZARD to health, 
safety, or operational readiness is indicated. Timely notification shall 
be made to the centralized organization of each DoD Component that is 
identified as having contract actions with the subject of the 
investigation.
    j. Obtain a DD 350 report in all significant fraud investigations, 
as defined in subsection C.2. above, whether or not the case involved 
defective products or product substitution. Timely notification shall be 
made to the centralized organization of each DoD Component that is 
identified as having contract actions with the subject of the 
investigation.
    3. The Inspector General, Department of Defense (IG, DoD), shall:

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    a. Develop training materials relating to fraud and corruption in 
procurement related activities which shall be utilized in all 
procurement related training in conjunction with training materials 
developed by the DoD Components. (See paragraph E.1.h., above.)
    b. Establish procedures for providing to the DoD criminal 
investigative organizations, through the Office of the Assistant 
Inspector General for Auditing (OAIG-AUD), reports of data contained in 
the Individual Procurement Action Report (DD Form 350) System.

                              F. Procedures

    Transmissions of information by DoD criminal investigative 
organizations required by subsection E.2., above, shall be made as 
expeditiously as possible, consistent with efforts not to compromise any 
ongoing criminal investigation. The transmission of the information may 
be delayed when, in the judgment of the head of the DoD criminal 
investigative organization, failure to delay would compromise the 
success of any investigation or prosecution. The prosecutive authorities 
dealing with the investigation shall be consulted, when appropriate, in 
making such determinations.

                  G. Effective Date and Implementation

    This Directive is effective immediately. Forward two copies of 
implementing documents to the Inspector General, Department of Defense, 
within 120 days.

Donald J. Atwood,
    Deputy Secretary of Defense.

                              Enclosures--3

    1. Civil Contractual and Administrative Actions That Can Be Taken in 
Response to Evidence of Procurement Fraud
    2. Sources of Information Relating to Government Contractors
    3. Actions to be Taken in Product Substitution Investigations

  Civil, Contractual, and Administrative Actions That Can Be Taken in 
                Response to Evidence of Procurement Fraud

                                A. Civil

                              1. Statutory

    a. False Claims Act (31 USC 3729 et seq.).
    b. Anti-Kickback Act (41 USC 51 et seq.).
    c. Voiding Contracts (18 USC 218).
    d. Truth in Negotiations Act (10 USC 2306(f)).
    e. Fraudulent Claims-Contract Disputes Act (41 USC 604)

                             2. Nonstatutory

    a. Breach of contract.
    b. Breach of warranty.
    c. Money paid under mistake of fact.
    d. Unjust enrichment.
    e. Fraud and/or Deceit.
    f. Conversion.
    g. Recision and/or Cancellation.
    h. Reformation.
    i. Enforcement of performance bond/guarantee agreement.

                             3. Contractual

    a. Termination of contract for default.
    b. Termination of contract for convenience of Government.
    c. Termination for default and exemplary damages under the 
gratuities clause.
    d. Recision of contract.
    e. Contract warranties.
    f. Withholding of payments to contractor.
    g. Offset of payments due to contractor from other contracts.
    h. Price reduction.
    i. Correction of defects (or cost of correction).
    j. Refusal to accept nonconforming goods.
    k. Revocation of acceptance.
    l. Denial of claims submitted by contractors.
    m. Disallowance of contract costs.
    n. Removal of the contractor from automated solicitation or payment 
system.

                            4. Administrative

    a. Change in contracting forms and procedures.
    b. Removal or reassignment of Government personnel.
    c. Review of contract administration and payment controls.
    d. Revocation of warrant contracting officer.
    e. Suspension of contractor and contractor employees.
    f. Debarment of contractor and contractor employees.
    g. Revocation of facility security clearances.
    h. Nonaward of contract based upon a finding of contractor 
nonresponsibility.
    i. Voluntary refunds.

        Sources of Information Relating to Government Contractors
------------------------------------------------------------------------
          Type of information                    Possible source
------------------------------------------------------------------------
Location, dollar value, type, and        a. DD Form 350 Report.\1\
 number of current contracts with the    b. Defense Logistics Agency's
 Department of Defense.                   (DLA) ``Contract
                                          Administration Defense
                                          Logistics Agency's (DLA)
                                          Contract Administration Report
                                          (CAR Report) on contracts DLA
                                          administers.

[[Page 58]]

 
2. Financial status of corporation,      a. Dunn and Bradstreet Reports.
 history of corporation, owners, and     b. Corporate filings with local
 officers.                                secretaries of the State, or
                                          corporate recorders.
                                         c. Securities and Exchange
                                          Commission (public
                                          corporations).
                                         d. Small Business
                                          Administration (SBA) (small
                                          businesses).
                                         e. General Accounting Office
                                          (bid protests, and contractors
                                          indebted to the Government).
                                         f. Armed Services Board of
                                          Contract Appeals (ASBCA) or
                                          court litigation.
                                         g. List of Contractors Indebted
                                          to the United States
                                          (maintained, published and
                                          distributed by the U.S. Army
                                          Finance and Accounting Center,
                                          Indianapolis, Indiana 46249).
3. Security clearance background         a. Defense Investigative
 information on facility and officers.    Service.
4. Performance history of contractor...  a. Local contracting officers.
                                         b. Defense Contract
                                          Administration Service
                                          preaward surveys.
                                         c. SBA Certificate of
                                          Competency records.
5. Name, location, offense alleged, and  DLA Automated Criminal Case
 previous investigative efforts           Management System. (Available
 involving DLA-awarded or DLA-            through field offices of the
 administered contracts.                  DLA Counsel's office.)
6. Bid protests, litigation, and         Field offices of the DLA
 bankruptcy involving DLA-awarded or      Counsel's office.
 DLA-administered contracts.
------------------------------------------------------------------------
\1\ A determination as to the contract history of any DoD contractor
  with contracts in excess of $25,000 annually can be made through a
  review of the ``Individual Procurement Action Report'' (DD Form 350)
  system, as prescribed by Subpart 4.6 of the DoD FAR Supplement, DoD
  Instruction 4105.61, and DoD 4105.61-M (references (c), (d), and (e)).

       Actions to be Taken in Product Substitution Investigations

    A. The centralized organization, in all cases involving allegations 
of product substitution in which a SERIOUS HAZARD to health, safety, or 
operational readiness is indicated shall:
    1. Review the notice of the case immediately after receiving it from 
the Defense criminal investigative organization. Review the notice to 
determine any potential safety or readiness issues indicated by the 
suspected fraud.
    2. Notify all appropriate safety, procurement, and program officials 
of the existence of the case.
    3. Obtain a complete assessment from safety, procurement, and 
program officials of the adverse impact of the fraud on DoD programs and 
operations.
    4. Ensure that the DoD Component provides the Defense criminal 
investigative organization with full testing support to completely 
identify the defective nature of the substituted products. Costs 
associated with the testing shall be assumed by the appropriate 
procurement program.
    5. Prepare a comprehensive impact statement describing the adverse 
impact of the fraud on DoD programs for use in any criminal, civil, or 
contractual action related to the case.
    B. In all cases involving allegations of product substitution that 
affect more than one DoD Component, that centralized organizations of 
the affected DoD Components shall identify a lead Agency. The lead 
centralized organization shall ensure that information on the fraud is 
provided to the centralized organization of all other affected DoD 
Components. The lead centralized organization shall ensure compliance 
with the requirements of section A., above. The lead centralized 
organization shall then be responsible for preparing a comprehensive 
``Victim Impact Statement'' as required by paragraph E.1.g. of this 
Directive.
    C. In all cases involving allegations of product substitution, the 
Defense Criminal Investigative Organization shall:
    1. Immediately notify the appropriate centralized organization of 
the beginning of the case.
    2. Continue to provide to the centralized organization any 
information developed during the course of the investigation that 
indicates substituted products have been, or might be, provided to the 
Department of Defense.
    3. Ensure that any request for testing of substituted products is 
provided to the centralized organization.



  Sec. Appendix E to Part 516--Department of Defense Directive 5505.5, 
         Implementation of the Program Fraud Civil Remedies Act

    DOD Directive 5505.5 is contained in 32 CFR part 277.



                  Sec. Appendix F to Part 516--Glossary

                              Abbreviations

AAFES: Army and Air Force Exchange Service
AMEDD: Army Medical Department

[[Page 59]]

AFARS: Army Federal Acquisition Regulation Supplement
ASBCA: Armed Services Board of Contract Appeals
AUSA: Assistant United States Attorney
CFR: Code of Federal Regulations
COE: United States Army Corps of Engineers
DA: Department of the Army
DFARS: Defense Federal Acquisition Regulation Supplement
DOD: Department of Defense
DOJ: Department of Justice. In this regulation, reference to DOJ means 
either United States Attorneys' Offices or The (main) Department of 
Justice in Washington, DC
DCIS: Defense Criminal Investigative Service
e.g.: An abbreviation for exempli gratia, meaning ``for example''
et seq.: An abbreviation for et sequentes, meaning ``and the following''
FAR: Federal Acquisition Regulation
FAX: Facsimile Transmission
FBI: Federal Bureau of Investigation
Fed. R. Civ. P.: Federal Rules of Civil Procedure
Fed. R. Crim. P.: Federal Rules of Criminal Procedure
FOIA: Freedom of Information Act
GAO: General Accounting Office
HQDA: Headquarters, Department of the Army
i.e.: An abbreviation for id est, meaning ``that is''
IG: Inspector General
JA: Judge Advocate
MACOM: Major Command
MSPB: Merit Systems Protection Board
NAF: Nonappropriated Fund
OTJAG: Office of The Judge Advocate General
OSC: Office of Special Counsel
PFA: Procurement Fraud Advisor
PFCRA: Program Fraud Civil Remedies Act
PFD: Procurement Fraud Division
PFI: Procurement Fraud or Irregularities
RJA: Recovery Judge Advocate
SAUSA: Special Assistant U.S. Attorney
SJA: Staff Judge Advocate
TDY: temporary Duty
TJAG: The Judge Advocate General
UCMJ: Uniform Code of Military Justice
USACIDC: U.S. Army Criminal Investigation Command
USALSA: U.S. Army Legal Services Agency
USARCS: U.S. Army Claims Service
USATDS: U.S. Army Trial Defense Service
USMA: United States Military Academy
U.S.C.: United States Code

                                  Terms

                               Active Duty

    Full-time duty in the active military service of the United States. 
Includes: full-time training duty; annual training duty; active duty for 
training; attendance, while in the active military service, at a school 
designated as a Service School by law or by the Secretary of the 
military department concerned; and, attendance, while in the active 
military service, at advanced civil schooling and training with 
industry. It does not include full-time National Guard duty under Title 
32, United States Code.

                             Army Activities

    Activities of or under the control of the Army, one of its 
instrumentalities, or the Army National Guard, including activities for 
which the Army has been designated the administrative agency, and those 
designated activities located in an area in which the Army has been 
assigned single service claims responsibility by DOD directive.

                              Army Property

    Real or personal property of the United States or its 
instrumentalities and, if the United States is responsible therefore, 
real or personal property of a foreign government which is in the 
possession or control of the Army, one of its instrumentalities, or the 
Army National Guard, including property of an activity for which the 
Army has been designated the administrative agency, and property located 
in an area in which the Army has been assigned single service claims 
responsibility.

                        Centralized Organization

    That organization of a DOD component responsible for coordinating 
and monitoring of criminal, civil, contractual, and administrative 
remedies relating to contract fraud. For DOD components other than the 
Army, the Centralized organizations are as follows: the Office of 
General Counsel, Department of the Air Force; the Office of the 
Inspector General, Department of the Navy; and the Office of General 
Counsel, Defense Logistics Agency.

                                  Claim

    The Government's right to recover money or property from any 
individual, partnership, association, corporation, governmental body, or 
other legal entity (foreign and domestic) except an instrumentality of 
the United States. A claim against several joint debtors or tortfeasors 
arising from a single transaction or incident will be considered one 
claim.

                             Claims Officer

    A commissioned officer, warrant officer, or qualified civilian 
employee designated by the responsible commander and trained or 
experienced in the conduct of investigations and the processing of 
claims.

[[Page 60]]

                               Corruption

    Practices that include, but are not limited to, solicitation, offer, 
payment, or acceptance of bribes or gratuities; kickbacks; conflicts of 
interest; or unauthorized disclosure of official information related to 
procurement matters.

                        Counsel for Consultation

    An attorney, provided by DA at no expense to the military member or 
civilian employee, who will provide legal advice to the witness 
concerning the authority of OSC, the nature of an OSC interview and 
their individual rights and obligations. The counsel may accompany the 
witness to the interview and advise the witness during the interview. No 
attorney-client relationship is established in this procedure.

                       Counsel for Representation

    An attorney, provided by DA at no expense to the military member or 
civilian employee, who will act as the individual's lawyer in all 
contacts with the MSPB and the OSC during the pendancy of the OSC 
investigation and any subsequent OSC initiated action before the MSPB. 
An attorney-client relationship will be established between the 
individual and counsel for representation.

                              DA Personnel

    DA personnel includes the following:
    a. Military and civilian personnel of the Active Army and The U.S. 
Army Reserve.
    b. Soldiers of the Army National Guard of the United States (Title 
10, U.S.C.) and, when specified by statute or where a Federal interest 
is involved, soldiers in the Army National Guard (Title 32, U.S.C.). It 
also includes technicians under 32 U.S.C. 709(a)(d).
    c. USMA cadets.
    d. Nonappropriated fund employees.
    e. Foreign nationals who perform services for DA overseas.
    f. Other individuals hired by or for the Army.

                                Debarment

    Administrative action taken by a debarring authority to exclude a 
contractor from Government contracting and Government-approved 
subcontracting for a specified period.

                      Deciding Official (Chapter 7)

    SJA, legal adviser, or Litigation Division attorney who makes the 
final determination concerning release of official information.

                DOD Criminal Investigation Organizations

    Refers to the USACIDC; the Naval Investigative Service; the U.S. Air 
Force Office of Special Investigations; and the Defense Criminal 
Investigative Service, Office of the Inspector General, DOD.

                                  Fraud

    Any intentional deception of DOD (including attempts and 
conspiracies to effect such deception) for the purpose of inducing DOD 
action or reliance on that deception. Such practices include, but are 
not limited to, the following: bid-rigging; making or submitting false 
statements; submission of false claims; use of false weights or 
measures; submission of false testing certificates; adulterating or 
substituting materials; or conspiring to use any of these devices.

                       Improper or Illegal Conduct

    a. A violation of any law, rule, or regulation in connection with 
Government misconduct; or
    b. Mismanagement, a gross waste of funds, an abuse of authority, or 
a substantial and specific danger to public health or safety.

              Information Exempt From Release To The Public

    Those categories of information which may be withheld from the 
public under one or more provisions of law.

                             Judge Advocate

    An officer so designated (AR 27-1).

                              Legal Adviser

    A civilian attorney who is the principal legal adviser to the 
commander or operating head of any Army command or agency.

                               Litigation

    Legal action or process involving civil proceedings, i.e., 
noncriminal.

          Litigation in Which The United States Has an Interest

    a. A suit in which the United States or one of its agencies or 
instrumentalities has been, or probably will be, named as a party.
    b. A suit against DA personnel and arises out of the individual's 
performance of official duties.
    c. A suit concerning an Army contract, subcontract, or purchase 
order under the terms of which the United States may be required to 
reimburse the contractor for recoveries, fees, or costs of the 
litigation.
    d. A suit involving administrative proceedings before Federal, 
state, municipal, or foreign tribunals or regulatory bodies that may 
have a financial impact upon the Army.
    e. A suit affecting Army operations or which might require, limit, 
or interfere with official action.
    f. A suit in which the United States has a financial interest in the 
plaintiff's recovery.

[[Page 61]]

    g. Foreign litigation in which the United States is bound by treaty 
or agreement to ensure attendance by military personnel or civilian 
employees.

                              Medical Care

    Includes hospitalization, outpatient treatment, dental care, nursing 
service, drugs, and other adjuncts such as prostheses and medical 
appliances furnished by or at the expense of the United States.

                               Misdemeanor

    An offense for which the maximum penalty does not exceed 
imprisonment for 1 year. Misdemeanors include those offenses categorized 
as petty offenses (18 USC Sec.  3559).

                          Official Information

    All information of any kind, however stored, that is in the custody 
and control of the Department of Defense, relates to information in the 
custody and control of the Department, or was acquired by DoD personnel 
as part of their official duties or because of their official status 
within the Department while such personnel were employed by or on behalf 
of the Department or on active duty with the United States Armed Forces.

                            Operating Forces

    Those forces whose primary missions are to participate in combat and 
the integral supporting elements thereof. Within DA, the operating 
forces consist of tactical units organized to conform to tables of 
organization and equipment (TOE).

                            Personnel Action

    These include--
    a. Appointment.
    b. Promotion.
    c. Adverse action under 5 U.S.C. 7501 et seq. or other disciplinary 
or corrective action.
    d. Detail, transfer, or reassignment.
    e. Reinstatement.
    f. Restoration.
    g. Reemployment.
    h. Performance evaluation under 5 U.S.C. 4301 et seq.
    i. Decision concerning pay, benefits, or awards, or concerning 
education or training if the education or training may reasonably be 
expected to lead to an appointment, promotion, performance evaluation, 
or other personnel action.
    j. Any other significant change in duties or responsibilities that 
is inconsistent with the employee's salary or grade level.

                           Private Litigation

    Litigation other than that in which the United States has an 
interest.

                                 Process

    The legal document that compels a defendant in an action to appear 
in court; e.g., in a civil case a summons or subpoena, or in a criminal 
case, a warrant for arrest, subpoena or summons.

                      Prohibited Personnel Practice

    Action taken, or the failure to take action, by a person who has 
authority to take, direct others to take, recommend, or approve any 
personnel action--
    a. That discriminates for or against any employee or applicant for 
employment on the basis of race, color, religion, sex, national origin, 
age, handicapping condition, marital status, or political affiliation, 
as prohibited by certain specified laws.
    b. To solicit or consider any recommendation or statement, oral or 
written, with respect to any individual who requests, or is under 
consideration for, any personnel action, unless the recommendation or 
statement is based on the personal knowledge or records of the person 
furnishing it, and consists of an evaluation of the work performance, 
ability, aptitude, or general qualifications of the individual, or an 
evaluation of the character, loyalty, or suitability of such individual.
    c. To coerce the political activity of any person (including the 
providing of any political contribution or service), or take any action 
against any employee or applicant for employment as a reprisal for the 
refusal of any person to engage in such political activity.
    d. To deceive or willfully obstruct any person with respect to such 
person's right to compete for employment.
    e. To influence any person to withdraw from competition for any 
position for the purpose of improving or injuring the prospects of any 
other person for employment.
    f. To grant any preference or advantage not authorized by law, rule, 
or regulation to any employee or applicant for employment (including 
defining the scope or manner of competition or the requirements for any 
position) for the purpose of improving or injuring the prospects of any 
particular person for employment.
    g. To appoint, employ, promote, advance, or advocate for 
appointment, employment, promotion, or advancement, in or to a civilian 
position any individual who is a relative (as defined in 5 U.S.C. 3110) 
of the employee, if the position is in the agency in which the employee 
is serving as a public official or over which the employee exercises 
jurisdiction or control as an official.
    h. To take or fail to take a personnel action with respect to any 
employee or applicant for employment as a reprisal for being a 
whistleblower, as defined below.

[[Page 62]]

    i. To take or fail to take a personnel action against an employee or 
applicant for employment as a reprisal for the exercise of any appeal 
right granted by law, rule, or regulation.
    j. To discriminate for or against any employee or applicant for 
employment on the basis of conduct that does not adversely affect the 
performance of the employee or applicant or the performance of others.
    k. To take or fail to take any other personnel action if the taking 
of, or failure to take, such action violates any law, rule, or 
regulation implementing, or directly concerning, the merit system 
principles contained in 5 U.S.C. 2301.

                         Prosecutive Authorities

    These include--
    a. A U.S. Attorney;
    b. A prosecuting attorney of a State or other political subdivision 
when the U.S. Attorney has declined to exercise jurisdiction over a 
particular case or class of cases; and
    c. An SJA of a general court-martial convening authority considering 
taking action against a person subject to the UCMJ.

                               Recovery JA

    A JA or legal adviser responsible for assertion and collection of 
claims in favor of the United States for property claims and medical 
expenses.

                Significant Case of Fraud and Corruption

    A procurement fraud case involving an alleged loss of $100,000 or 
more; all corruption cases related to procurement that involve bribery, 
gratuities, or conflicts of interest; any defective products or product 
substitution in which a serious hazard to health, safety or operational 
readiness is indicated, regardless of loss value; and, any procurement 
fraud case that has received or is expected to receive significant media 
coverage.

                          Staff Judge Advocate

    An officer so designated (AR 27-1). The SJA of an installation, a 
command or agency reporting directly to HQDA, or of a major subordinate 
command of the U.S. Army Materiel Command, and the senior Army JA 
assigned to a joint or unified command.

                                Subpoena

    A process to cause a witness to appear and give testimony, e.g., at 
a trial, hearing, or deposition.

                               Suspension

    Administrative action taken by a suspending authority to temporarily 
exclude a contractor from Government contracting and Government-approved 
subcontracting.

                  Suspension and Debarment Authorities

    Officials designated in DFARS, section 9.403, as the authorized 
representative of the Secretary concerned.

                               Tortfeasor

    A wrongdoer; one who commits a tort.



                  Sec. Appendix G to Part 516--Figures

    This appendix contains figures cited or quoted throughout the text 
of this part.

     Figure C-1. Sample Answer to Judicial Complaint, With Attached 
                         Certificate of Service

    In the United States District Court for the Southern District of 
Texas Corpus Christi Division, No. C-90-100

John Doe, Plaintiff v. Togo D. West, Jr., Secretary of the Army, 
          Department of the Army, Defendant.

                        First Affirmative Defense

    The Complaint is barred by laches.
    Figure C-3. Sample Answer to Judicial Complaint, with attached 
Certificate of Service. This is intended to be used as a guide in 
preparing a draft Answer as part of a Litigation Report.

                                 Answer

    For its answer to the complaint, defendant admits, denies and 
alleges as follows:
    1. Admits.
    2. Denies.
    3. Denies.
    4. The allegations contained in paragraph 4 are conclusions of law 
to which no response is required; to the extent they may be deemed 
allegations of fact, they are denied.
    5. Denies the allegations contained in the first sentence of 
paragraph 5; admits the allegations contained in the second sentence of 
paragraph 5; denies the remainder of the allegations in paragraph 5.
    6. Denies the allegations in paragraph 6 for lack of knowledge or 
information sufficient to form a belief as to their truth.
    7. Denies each allegation in the complaint not specifically admitted 
or otherwise qualified.

                            Prayer for Relief

    The remainder of plaintiff's Complaint contains his prayer for 
relief, to which no answer is required. Insofar as an answer is 
required, denies that plaintiff is entitled to any relief whatsoever.
    Defendant respectfully prays that the Court dismiss plaintiff's 
Complaint and award to defendant costs and such further relief as the 
Court deems proper.
    Respectfully submitted,
Ronald M. Ford,
United States Attorney.

[[Page 63]]

Roy A. Andersen,
Assistant United States Attorney, 606 N. Carancua, Corpus Christi, Texas 
          78476, (512) 884-3454.
Captain Christopher N. Jones,
Department of the Army, Office of the Judge, Advocate General, 901 N. 
          Stuart St., Suite 400, Arlington, Virginia 22203-1837, (703) 
          696-1666.

                         Certificate of Service

    I hereby certify that a true and correct copy of Defendant's Answer 
has been placed in the mail, postage prepaid, this ____ day of 
__________, 1991, addressed to plaintiff's counsel as follows: Mr. 
Eugene Henderson, 777 Fourth Street, Corpus Christi, TX 78888.
Roy A. Andersen,
Assistant United States Attorney.

                            Sample DA Form 4

Figure C-3. Unsworn Declaration Under Penalty of Perjury Executed Within 
                            the United States

                  Declaration Under Penalty of Perjury

    I am Private Paul Jones, currently assigned to Company B, 4th 
Battalion, 325th Parachute Infantry Regiment, Fort Bragg, North 
Carolina. I have personal knowledge of the following matters.
    On the evening of 3 June 1970, I was present at the company party at 
Lake Popolopen when the accident occurred. I saw a bright, full moon 
that evening.
    I declare under penalty of perjury that the foregoing is true and 
correct. (28 U.S.C. Sec.  1746).
    Executed on: __________
Paul Jones,
Private, U.S. Army.

 Figure D-1. Format for a Request for a Representation Using an Unsworn 
 Declaration Under Penalty of Perjury Executed Within the United States

                       Request for Representation

    I request that the Attorney General of the United States, or his 
agent, designate counsel to defend me in my official and individual 
capacities in the case of John Doe v. Private Paul Jones, now pending in 
the U.S. District Court for the Eastern District of North Carolina. I 
have read the complaint filed in this case and I declare that all my 
actions were performed in my official capacity, within the scope of my 
official duties, and in a good faith belief that my actions conformed to 
the law. I am not aware of any pending related criminal investigation.
    I understand the following: if my request for representation is 
approved, I will be represented by a U.S. Department of Justice 
attorney; that the United States is not required to pay any final 
adverse money judgment rendered against me personally, although I can 
request indemnification; that I am entitled to retain private counsel at 
my own expense; and, that the Army expresses no opinion whether I should 
or should not retain private counsel.
    I declare under penalty of perjury that the foregoing is true and 
correct. (28 U.S.C. Sec.  1746).
    Executed on: __________
Paul Jones,
Private, U.S. Army.

 Figure D-2. Format for Scope of Employment Statement Using an Unsworn 
 Declaration Under Penalty of Perjury Executed Outside the United States

                               Declaration

    I am currently the Commander of HHC, 6th Armored Division, Bad 
Vilbel, Germany. I have read the allegations concerning Private Paul 
Jones in the complaint of John Doe v. Private Paul Jones, now pending in 
the U.S. District Court for the Eastern District of North Carolina.
    At all times relevant to the complaint, I was Private Jones' company 
commander. His actions relevant to this case were performed within the 
scope of his official duties as Assistant Charge of Quarters, Company B, 
4th Battalion, 325th Parachute Infantry Regiment, Fort Bragg, North 
Carolina.
    I declare under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. (28 U.S.C. 
Sec.  1746).
    Executed on: __________
John Smith,
Captain, Infantry.

      Figure D-3. Format for Contractor Request for Representantion

                       Request for Representation

    I am the President of the XYZ Corporation. I request the Attorney 
General of the United States designate counsel to defend me and my 
company in Doe v. XYZ, Inc., now pending in the U.S. District Court for 
the Eastern District of North Carolina.
    I understand that the assumption by the Attorney General of the 
defense of this case does not alter or increase the obligations of the 
United States under United States Contract No. WP-70-660415.
    I further agree that such representation will not be construed as 
waiver or estoppel to assert any rights which any interested party may 
have under said contract.
    Executed on: __________
D.D. Tango,
President, XYZ, Inc.

[[Page 64]]

             Figure G-1. Sample ``Touhy'' Compliance Letter

Department of the Army, Office of the Staff Judge Advocate, Fort Smith, 
                    North Dakota 84165, 15 April 1993

Mr. T. Hudson Taylor,
Attorney At Law, 105 Hay Street, Whynot, ND 84167
    Dear Mr. Taylor: We have learned that you subpoenaed Captain Roberta 
Selby to testify at a deposition in the case Kramer v. Kramer, currently 
filed in state court, and that you directed her to bring her legal 
assistance file concerning her client, SSG Kramer.
    Under 32 CFR Sec. Sec.  97.6(c), 516.35, and 516.40, the Army must 
authorize the appearance of its personnel or the production of official 
documents in private litigation. In this case, the Army cannot authorize 
Captain Selby to appear or produce the requested file absent the 
following:
    You must request in writing her appearance and the production of the 
file in accordance with Department of Defense directives, 32 CFR Sec.  
97.6(c), and Army regulations, 32 CFR Sec. Sec.  516.34-516.40. The 
request must include the nature of the proceeding, 32 CFR Sec.  
516.34(b), and the nature and relevance of the official information 
sought. Id. Sec.  516.35(d). We cannot act on your request until we 
receive the required information. See, for example, United States ex 
rel. Touhy v. Ragen, 340 U.S. 462 (1951); Boron Oil Co. v. Downie, 873 
F.2d 67 (4th Cir. 1989); United States v. Bizzard, 674 F.2d 1382 (11th 
Cir. 1982); United States v. Marino, 658 F.2d 1120 (6th Cir. 1981); 
United States v. Allen, 554 F.2d 398 (10th Cir. 1977).
    To overcome Federal statutory restrictions on the disclosure of the 
requested file imposed by the Privacy Act, 5 U.S.C. Sec.  552a, you must 
provide either a written release authorization signed by the individual 
to whom the file pertains (that is, SSG Kramer) or a court ordered 
release signed by a judge of a court of competent jurisdiction. A 
subpoena signed by a clerk of court, notary, or other official is 
insufficient. See, for example, Doe v. DiGenova, 779 F.2d 74 (DC Cir. 
1985).
    In this case, because of the attorney-client relationship between 
Captain Selby and SSG Kramer, you must produce a written waiver of the 
attorney-client privilege from SSG Kramer. Because the privilege may 
protect both documents and testimony, Captain Selby may not divulge such 
information without SSG Kramer's consent. See, for example, Rule of 
Professional Conduct for Army Lawyers 1.6(a).
    In addition to the above requirements, Captain Selby's supervisor 
must approve her absence from duty. See 32 CFR Sec.  516.43. In this 
regard, we suggest you take the deposition at Fort Smith. In any event, 
however, you or your client must pay all travel expenses, as this is 
purely private litigation and witness' appearance must be at no expense 
to the United States. See id. Sec.  516.48(c).
    Finally, if Captain Selby does appear as a witness, she may only 
give factual testimony. She may not testify as an opinion or expert 
witness. This limitation is based on Department of Defense and Army 
policy that generally prohibits Government employees from appearing as 
expert witnesses in private litigation. See id. Sec. Sec.  97.6(e), 
516.42.
    Our sole concern in this matter is to protect the interests of the 
United States Army; the Army will not block access to witnesses or 
documents to which you are lawfully entitled. So that the Army can 
adequately protect its interests in this matter, I request that you 
respond to this letter by 27 April 1993. If you have any questions, 
please call CPT Taylor at 919-882-4500.

     Sincerely,
Robert V. Jackansi,
Major, JA, Chief, Administrative Law.

             Figure G-2. Sample Fact Witness Approval Letter

Department of the Army, Office of the Staff Judge Advocate, Fort Smith, 
                    North Dakota 84165, 15 April 1993

Mr. T. Hudson Taylor,
Attorney At Law, l05 Hay Street, Whynot, ND 84167
    Dear Mr. Taylor: This letter responds to your request to interview 
and depose Captain Buzz Sawyer as a witness in Morgan v. Jones. Subject 
to the following conditions, your request is approved.
    This grant of authority is limited to factual testimony only. 
Captain Sawyer may not testify as an expert witness. This limitation is 
based on Army policy prohibiting Government employees from appearing as 
expert witnesses in private litigation. See 32 CFR Sec.  516.42. Captain 
Sawyer may not provide official information that is classified, 
privileged, or otherwise protected from public disclosure.
    The decision whether to testify in private litigation is within the 
discretion of the prospective witness. This authorization is also 
subject to the approval of the witness' supervisors to be absent during 
the period involved. Finally, because this is private litigation, the 
witness' participation must be at no expense to the United States. See 
32 CFR Sec.  516.48.
    If you have any questions, please call CPT Taylor at 919-882-4500.
     Sincerely,
Robert V. Jackansi,
Major, JA, Chief, Administrative Law

             Figure G-3. Sample Expert Witness Denial Letter

Department of the Army, Office of the Staff Judge Advocate, Fort Smith, 
                    North Dakota 84165, 15 April 1993

Mr. T. Hudson Taylor,

[[Page 65]]

Attorney At Law, l05 Hay Street, Whynot, ND 84167
    Dear Mr. Taylor: This responds to your request for Mr. Charles 
Montrose to appear as an expert witness in private litigation: Smithers 
v. ABC Video. For the following reasons, the request is denied.
    Army Regulation 27-40 forbids Army personnel from providing expert 
testimony in private litigation, with or without compensation, except 
under the most extraordinary circumstances. See 32 CFR Sec. Sec.  
97.6(e), 516.42. Several reasons support the exercise of strict control 
over such witness appearances.
    The Army policy is one of strict impartiality in litigation in which 
the Army is not a named party, a real party in interest, or in which the 
Army does not have a significant interest. When a witness with an 
official connection with the Army testifies, a natural tendency exists 
to assume that the testimony represents the official view of the Army, 
despite express disclaimers to the contrary.
    The Army is also interested in preventing the unnecessary loss of 
the services of its personnel in connection with matters unrelated to 
their official responsibilities. If Army personnel testify as expert 
witnesses in private litigation, their official duties are invariably 
disrupted, often at the expense of the Army's mission and the Federal 
taxpayer.
    Finally, the Army is concerned about the potential for conflict of 
interest inherent in the unrestricted appearance of its personnel as 
expert witnesses on behalf of parties other than the United States. Even 
the appearance of such conflicts of interest seriously undermines the 
public trust and confidence in the integrity of our Government.
    This case does not present the extraordinary circumstances necessary 
to justify the requested witness' expert testimony. You have 
demonstrated no exceptional need or unique circumstances that would 
warrant (his or her) appearance. The expert testimony desired can be 
secured from non-Army sources. Consequently, we are unable to grant you 
an exception to the Army's policy.
    If you have any questions, please call me or CPT Taylor at 919-882-
4500.

     Sincerely,
Robert V. Jackansi,
Major, JA, Chief, Administrative Law.

              Figure G-4. Sample of Doctor Approval Letter

Department of the Army, Office of the Staff Judge Advocate, Fort Smith, 
                    North Dakota 84165, 15 April 1993

Mr. T. Hudson Taylor,
Attorney At Law, 105 Hay Street, Whynot, ND 84167
    Dear Mr. Taylor: This responds to your request to depose Dr. (MAJ) 
J. McDonald, Fort Smith Medical Treatment Facility. Pursuant to 32 CFR 
Sec. Sec.  516.33-516.49, you may depose him subject to the following 
conditions:
    He may testify as to his treatment of his patient, Sergeant Rock, as 
to related laboratory tests he may have conducted, or other actions he 
took in the regular course of his duties.
    He must limit his testimony to factual matters such as his 
observations of the patient or other operative facts, the treatment 
prescribed or corrective action taken, course of recovery or steps 
required for treatment of injuries suffered, or contemplated future 
treatment.
    His testimony may not extend to hypothetical questions or to a 
prognosis. He may not testify as an ``expert.'' This limitation is based 
on Department of Defense and Army policy prohibiting present or former 
military personnel and Army civilian employees from providing opinion or 
expert testimony concerning official information, subjects, or 
activities in private litigation. See 32 CFR Sec. Sec.  97.6(e), 516.42.
    The witnesses may not provide official information that is 
classified, privileged, or otherwise protected from public disclosure. 
To protect the Army's interests, CPT Taylor or another Army attorney 
will be present during the depositions.
    To overcome restrictions imposed by the Privacy Act, 5 U.S.C. Sec.  
552a, Dr. McDonald may not discuss matters derived from the patient's 
medical records absent the patient's written consent or a court order 
signed by a judge. A subpoena issued by someone other than a judge or 
magistrate is insufficient. See Doe v. DiGenova, 779 F.2d 74 (D.C. Cir. 
1985); Stiles v. Atlanta Gas Light Co., 453 F. Supp. 798 (N.D. Ga. 
1978).
    The decision whether to testify in private litigation is within the 
discretion of the witness, subject to the approval of his supervisors to 
be absent during the period involved.
    Finally, because this is private litigation, the witnesses' 
participation must be at no expense to the United States. See 32 CFR 
Sec.  516.48.
    If you have any questions, please call me or CPT Taylor at 919-882-
4500.

     Sincerely,
Robert V. Jackansi,
Major, JA, Chief, Administrative Law.

                Figure H-1. Procurement Fraud Indicators

                      Procurement Fraud Indicators

    1. During the identification of the government and services.
    a. Need determinations for items currently scheduled for disposal or 
reprocurement, or which have predetermined reorder levels.
    b. Excessive purchase of ``expendables'' such as drugs or auto 
parts.
    c. Inadequate or vague need assessment.

[[Page 66]]

    d. Frequent changes in the need assessment or determination.
    e. Mandatory stock levels and inventory requirements appear 
excessive.
    f. Items appear to be unnecessarily declared excess or sold as 
surplus, while same items are being reprocured.
    g. It appears that an item or service is being purchased more as a 
result of aggressive marketing efforts rather than in response to a 
valid requirement.
    h. Need determination appears to be unnecessarily tailored in ways 
that can only be met by certain contractors.
    i. Items and services are continually obtained from the same source 
due to an unwarranted lack of effort to develop second sources.
    2. During the development of the statements of work and 
specifications.
    a. Statements of work and specifications appear to be intentionally 
written to fit the products or capabilities of a single contractor.
    b. Statements of work, specifications, or sole source justifications 
developed by or in consultation with a preferred contractor.
    c. Information concerning requirements and pending contracts is 
released only to preferred contractors.
    d. Allowing companies and industry personnel who participated in the 
preparation of bid packages to perform on subsequent contracts in either 
a prime or subcontractor capacity.
    e. Release of information by firms or personnel participating in 
design or engineering to companies competing for prime contract.
    f. Prequalification standards or specifications appear designed to 
exclude otherwise qualified contractors or their productions.
    g. Requirements appear split up to allow for rotating bids, giving 
each contractor his or her ``fair share.''
    h. Requirements appear split up to meet small purchase requirements 
(that is, $25,000) or to avoid higher levels of approval that would be 
otherwise required.
    i. Bid specifications or statement of work appear inconsistent with 
the items described in the general requirements.
    j. Specifications appear so vague that reasonable comparisons of 
estimate would be difficult.
    k. Specifications appear inconsistent with previous procurements of 
similar items of services.
    3. During the presolicitation phase.
    a. Sole source justifications appear unnecessary or poorly 
supported.
    b. Statements justifying sole source or negotiated procurements 
appear inadequate or incredible.
    c. Solicitation documents appear to contain unnecessary requirements 
which tend to restrict competition.
    d. Contractors or their representatives appear to have received 
advanced information related to the proposed procurement on a 
preferential basis.
    4. During the solicitation phase.
    a. Procurement appears to be processed so as to exclude or impede 
certain contractors.
    b. The time for submission of bids appears to be unnecessarily 
limited so that only those with advance information have adequate time 
to prepare bids or proposals.
    c. It appears that information concerning the procurement has been 
revealed only to certain contractors, without being revealed to all 
prospective competitors.
    d. Bidders conferences are conducted in a way that apparently 
invites bid rigging, price fixing, or other improper collusion between 
contractors.
    e. There is an apparent intentional failure to fairly publish notice 
of the solicitation.
    f. Solicitation appears vague as to the details such as time, place 
and manner, of submitting acceptable bids.
    g. There is evidence of improper communications or social contract 
between contractors and government personnel.
    h. Controls over the number and destination of bid packages sent to 
interested bidders appear inadequate.
    i. Indications that government personnel or their families may own 
stock or have some other financial interest in either a contractor or 
subcontractor.
    j. Indications that government personnel are discussing possible 
employment for themselves or a family member with a contractor or 
subcontractor or indications that a proposal for future employment from 
a contractor or subcontractor to a government employee or his or her 
family members has not been firmly rejected.
    k. Indications that any contractor has received special assistance 
in preparation of his or her bid or proposal.
    l. It appears that a contract is given an expressed or implied 
reference to a specific subcontractor.
    m. Failure to amend solicitation to reflect necessary changes or 
modifications.
    5. During the submission of bids and proposals.
    a. Improper acceptance of a late bid.
    b. Documents, such as receipts, appear falsified to obtain 
acceptance of a late bid.
    c. Improperly attempting to change a bid after other bidders prices 
are known.
    d. Indications that mistakes have been deliberately planted in a bid 
to support correction after bid opening.
    e. Withdrawal by a low bidder who may later become a subcontractor 
to a higher bidder who gets the contract.
    f. Apparent collusion or bid rigging among the bidders.
    g. Bidders apparently revealing their prices to each other.

[[Page 67]]

    h. Required contractor certifications appear falsified.
    i. Information concerning contractor's qualifications, finances, and 
capabilities appears falsified.
    6. During the evaluation of bids and proposals.
    a. Deliberately losing or discarding bids of certain contractors.
    b. Improperly disqualifying the bids or proposals of certain 
contractors.
    c. Accepting apparently nonresponsive bids from preferred 
contractors.
    d. Unusual or unnecessary contacts between government personnel and 
contractors during solicitation, evaluation, and negotiation.
    e. Any apparently unauthorized release of procurement information to 
a contractor or to non-government personnel.
    f. Any apparent favoritism in the evaluation of the bid or proposal 
of a particular contractor.
    g. Apparent bias in the evaluation criteria or in the attitude or 
actions of the members of the evaluation panel.
    7. During contract formation and administration.
    a. Defective pricing by the contractor usually associated with 
submitting false cost and pricing data under the Truth in Negotiation 
Act.
    b. Cost/Labor mischarging.
    c. Product substitution.
    d. Progress payment fraud. For more details on these subjects see DA 
PAM 27-153, Contract Law, paragraph 23-5.

              Figure H-2. Guide for Preparing Remedies Plan

                   Guide for Preparing a Remedies Plan

                             (Date of Plan)

                     Section I (Administrative Data)

A. Subject of Allegation.
B. Principal Investigative Agency.
C. Investigative Agency File Number.
D. Subject's Location.
E. Location Where Offense Took Place.
F. Responsible Action Commander.
G. Responsible MACOM.
H. Contract Administrative Data (If Applicable):
    1. Contract Number.
    2. Type of Contract.
    3. Dollar Amount of Contract.
    4. Period of Contract.
I. Principal Case Agent (Name and Telephone Number).
J. Civilian Prosecutor (If Applicable) (Name, Address, and Telephone 
          Number).
K. Is Grand Jury Investigating This Matter? If So, Where is Grand Jury 
          Located?
L. Audit Agency Involved (If Applicable). Name and Telephone Number of 
          Principal Auditor.
M. Suspense Date for Update of This Plan.

  Section II (Summary of Allegations and Investigative Results to Date)

    (Provide sufficient detail for reviewers of the plan to evaluate the 
appropriateness of the planned remedies. If information is ``close-
hold'' or if grand jury secrecy applies, so state.)

                 Section III (Adverse Impact Statement)

    (Describe any adverse impact on the DA/DOD mission. Adverse impact 
is described in DOD Directive 7050.5, paragraph E.1.g. Identify impact 
as actual or potential. Describe the impact in terms of monetary loss, 
endangerment to personnel or property, mission readiness, etc. This 
information should be considered in formulating your remedies as 
described below and provided to prosecutors for their use in prosecution 
of the offenses.)

            Section IV (Remedies Taken and/or Being Pursued)

    A. Criminal Sanctions. (As a minimum, address the following: Are 
criminal sanctions appropriate? If so, which ones? If not, why not? Has 
the local U.S. Attorney or other civilian prosecutor been notified and 
briefed? What actions have been taken or are intended? If and when 
action is complete, describe action and final results of the action. 
Other pertinent comments should be included.)
    B. Civil Remedies. (As a minimum address the following: Which civil 
remedies are appropriate? Has the local U.S. Attorney or other civilian 
prosecutor been notified and briefed? How, when, where and by whom are 
the appropriate civil remedies implemented? If and when action is 
completed, describe action and final results. Other pertinent comments 
should be included.)
    C. Contractual/Administrative Remedies. (As a minimum, address the 
following: Are contractual and administrative remedies appropriate: If 
so, which ones? If not, Why? If contractual or administrative remedies 
are considered appropriate, describe how, when, and by whom the remedies 
are implemented. If and when action is completed, describe action and 
results of the action. Other pertinent comments should be included.)
    D. Restrictions on Remedies Action. (Comment as to why obvious 
remedies are not being pursued. For example, the U.S. Attorney requests 
suspension action held in abeyance pending criminal action.)

[[Page 68]]

             Section V (Miscellaneous Comments/Information)

                 Section VI (Remedies Plan Participants)

(Record the name, grade, organization, and telephone number of all 
Remedies Plan participants.)

                Section VII (MACOM Coordination Comments)

(Record the name, grade, office symbol, and telephone number of all 
MACOM officials providing coordination comments; record the date when 
comments are submitted and append to the Remedies Plan the signed 
comments provided.)

                            MACOM Focal Point

(Record the name, grade, office symbol, and telephone number of the 
MACOM focal point.)

                  Section VIII (Coordination/Comments)

(Record the name, grade, organization, office symbol, and telephone 
number of all officials with whom you have coordinated the Remedies Plan 
or who have provided comments on your plan; append any comments provided 
to the Remedies Plan.)

 Figure H-3. Guide for Testing Defective Items Under Criminal or Civil 
                              Investigation

      Testing Defective Items Under Criminal or Civil Investigation

    1. Under no circumstances is testing to proceed unless the command 
has committed sufficient funding to cover the entire cost of the 
projected testing.
    2. No testing will be initiated unless there has been a written 
request for the testing to the appropriate Procurement Fraud Advisor 
from a criminal investigator or Assistant United States Attorney or 
Department of Justice Attorney (AUSA is used in these procedures to 
indicate either an AUSA or Department of Justice attorney). If they have 
not already done so, criminal investigators should be requested to 
coordinate their testing requests with the AUSA overseeing the 
investigation.
    3. Barring extraordinary circumstances, only one test will be 
conducted to support the criminal and civil recovery efforts of a 
procurement fraud/irregularity matter. Early coordination with the Civil 
Division of Department of Justice or the local United States Attorneys 
Office is necessary to ensure that testing funds are not wasted.
    4. The request for testing should include a clear, concise statement 
of the purpose of the testing to include a statement of the allegations 
made and the contact number(s) involved. Any test plan which requires 
destructive testing must be approved by the AUSA.
    5. No testing will be initiated unless a test plan has been 
developed which states the following:

a. the contract number(s) involved
b. the National Stock Number (NSN) of the item to be tested
c. the purpose of the testing
d. the alleged defect or the contractual requirement violated
e. the CID report of investigation (ROI) number or the DCIS case number
f. cost of the test (a cost proposal should be an attachment to the test 
          plan)
g. where the test will be conducted
h. how the test will be conducted
i. the name and telephone number of the test team leader
j. the names of all test team members
k. the approximate dates of the testing
l. the date that completion of the test is required
m. a clear statement of the desired product (that is test report, raw 
          data, analysis of results, evaluation of test results)
n. the PRON to fund the testing
o. a retention plan.
    6. The test plan shall be coordinated with the concurrence received 
in advance from the appropriate personnel in the Procurement 
Directorate, Product Assurance and Test Directorate, the Procurement 
Fraud Advisor, and the investigator/AUSA requesting the test. No testing 
will be initiated until the criminal investigator/AUSA who requested the 
testing has approved the test plan.
    7. If the items tested are to be retained as evidence, the criminal 
investigator should arrange for retention of the evidence. While the 
Command will support evidence retention, this is primarily the 
responsibility of the criminal investigators. Agents should be advised 
that putting items in Code L or similar non-use status is insufficient 
to protect it from being released to the field. A decision not to retain 
the tested items as evidence must have the approval of the AUSA.
    8. All items to be tested should be from a statistically valid 
random sample. The sample should conform with the inspection 
requirements of the contract or be in conformance with a random sample 
specifically developed for the instant test plan. It is recommended that 
a statistician be consulted to determine the feasibility of a random 
sample specifically created to support the test plan.
    9. Results of testing should be available to Command and DA 
personnel for appropriate contractual and administrative remedies.

[[Page 69]]

Any request for testing results that indicates that dissemination of the 
testing results will be limited by Rule 6(e) of the Federal Rules of 
Criminal Procedure is to be forwarded through the MACOM or AMC 
Procurement Fraud Coordinator to DA Procurement Fraud Division prior to 
the initiation of any testing.
    10. Resolution of problems associated with testing requests should 
be conducted at the local level. In AMC the authority to refuse a 
testing request resides with the Office of Command Counsel. Any disputes 
which cannot be resolved at the local level will be forwarded to the AMC 
or MACOM Procurement Fraud Coordinator for resolution. This includes 
disputes regarding funding or any time sensitive issues.
    11. Second requests for testing of the same item due to a change in 
the investigative plan require coordination by the PFA with the 
investigator and AUSA overseeing the investigation to determine the 
deficiencies in the earlier test. Disputes which cannot be resolved 
between the AUSA, PFA, and investigator regarding testing are to be 
forwarded simultaneously to the MACOM Procurement Fraud Coordinator and 
PFD for resolution. The procedures established in paragraphs 5 and 6 
apply for second requests for testing with the additional requirement 
that the Assistant United States Attorney must be requested to approve 
the test plan.

  Figure I-1. Guide for Seeking Legal Advice and Representation Before 
                        Office of Special Counsel

   Guide for Seeking Legal Advice and Representation Before Office of 
                             Special Counsel

                               1. Overview

    a. DA employees or military members asked to provide information 
(testimonial or documentary) to OSC may obtain legal advice through the 
Labor Counselor from DA attorneys concerning their rights and 
obligations. This includes assistance at any interviews with OSC 
investigators. However, an attorney-client relationship will not be 
established unless the employee or military member--
    (1) Is suspected or accused by the OSC of committing a prohibited 
personnel practice or other illegal or improper act; and
    (2) Has been assigned counsel by the DA General Counsel.
    b. Any military member or employee who reasonably believes that he 
or she is suspected or has been accused by OSC of committing a 
prohibited personnel practice or other illegal or improper act may 
obtain legal representation from DA. The counsel assigned will be from 
another DOD component whenever a DA attorney is likely to face a 
conflict between the attorney's ethical obligation to the client and DA, 
or when the suspected or accused individual has requested representation 
from another DOD component. Outside legal counsel may be retained by DA 
on behalf of the member or employee under unusual circumstances and only 
with the personal approval of the DOD General Counsel.
    c. The DA General Counsel will determine whether a conflict is 
likely to occur if a DA attorney is assigned to represent a military 
member or civilian. If the DA General Counsel determines a conflict may 
occur, or if the suspected or accused employee has requested 
representation from another DOD component, the DA General Counsel will 
seek the assistance of another General Counsel in obtaining 
representation outside DA.

                     2. Requests for Representation

    a. To obtain legal representation, military members or civilian 
employees must--
    (1) Submit a written request for legal representation through the 
Labor and Employment Law Office, Office of the Judge Advocate General, 
Department of the Army, to DA General Counsel, explaining the 
circumstances that justify legal representation. Copies of all process 
and pleadings served should accompany the request.
    (2) Indicate whether private counsel, at personal expense, has been 
retained.
    (3) Obtain written certification from their supervisor that--
    (a) They were acting within the scope of official duties; and
    (b) DA has not initiated any adverse or disciplinary action against 
them for the conduct being investigated by the OSC.
    b. Requests for DA legal representation must be approved by the DA 
General Counsel.
    c. The conditions of legal representation must be explained and 
accepted in writing by the member or employee.

                    3. Limitations on Representation

    a. DA will not provide legal representation with respect to a DA 
initiated disciplinary action against a civilian employee for committing 
or participating in a prohibited personnel practice or for engaging in 
illegal or improper conduct. This prohibition applies regardless of 
whether the participation or conduct is also the basis for the 
disciplinary action proposed by the OSC.
    b. In certain situations, counsel provided by DA may be limited to 
representing the individual only with respect to some of the pending 
matters, if other specific matters of concern to the OSC or MSPB do not 
satisfy the requirements contained in this regulation.

[[Page 70]]

                     4. Attorney-Client Relationship

    a. An attorney-client relationship will be established and continued 
between the suspected or accused individual and assigned DA counsel.
    b. In representing a DA employee or military member, the DA attorney 
designated as counsel will act as a vigorous advocate of the 
individual's legal interests before the OSC or MSPB. The attorney's 
professional responsibility to DA will be satisfied by fulfilling this 
responsibility to the employee or military member. Legal representation 
may be terminated only with the approval of the DA General Counsel and 
normally only on the basis of information not available at the time the 
attorney was assigned.
    c. The attorney-client relationship may be terminated if the 
assigned DA counsel determines, with the approval of the DA General 
Counsel, that--
    (1) The military member or civilian employee was acting outside the 
scope of his or her official duties when engaging in the conduct that is 
the basis for the OSC investigation or charge; and
    (2) Termination is not in violation of the rules of professional 
conduct applicable to the assigned counsel.
    d. The DA attorney designated as counsel may request relief from the 
duties of representation or counseling without being required to furnish 
explanatory information that might compromise confidential 
communications between the client and the attorney.

                               5. Funding

    This regulation authorizes cognizant DA officials to approve 
requests from military members or civilian employees for travel, per 
diem, witness appearances, or other departmental support necessary to 
ensure effective legal representation by the designated counsel.

                                6. Status

    A military member's or civilian employee's participation in OSC 
investigations, MSPB hearings, and other related proceedings will be 
considered official departmental business for time and attendance 
requirements and similar purposes.

                         7. Advice to Witnesses

    The following advice to military members and civilian employees 
questioned during the course of an OSC investigation may be appropriate 
in response to these frequent inquiries:
    a. A witness may decline to provide a ``yes'' or ``no'' answer in 
favor of a more qualified answer when this is necessary to ensure 
accuracy in responding to an OSC interviewer's question.
    b. Requests for clarification of both questions and answers are 
appropriate to avoid misinterpretation.
    c. Means to ensure verifications of an interview by OSC 
investigators are appropriate, whether or not the military member or 
civilian employee is accompanied by counsel. Tape recorders may only be 
used for this purpose when--
    (1) The recorder is used in full view.
    (2) All attendees are informed.
    (3) The OSC investigator agrees to record the proceeding.
    d. Any errors that appear in a written summary of an interview 
prepared by the investigator should be corrected before the member or 
employee signs the statement. The military member or civilian employee 
is not required to sign any written summary that is not completely 
accurate. A military member or civilian employee may receive a copy of 
the summary as a condition of signing.



PART 525_ENTRY AUTHORIZATION REGULATION FOR KWAJALEIN MISSILE RANGE-
-Table of Contents



Sec.
525.1 General.
525.2 Background and authority.
525.3 Criteria.
525.4 Entry authorization (policy).
525.5 Entry authorization (procedure).

    Authority: 44 U.S.C. 1681, 50 U.S.C. 797, 18 U.S.C. 1001, and E.O. 
11021.

    Source: 48 FR 34028, July 27, 1983, unless otherwise noted.



Sec.  525.1  General.

    (a) Purpose. This regulation prescribes policies and procedures 
governing entry of persons, ships, and aircraft into the Kwajalein 
Missile Range (KMR), Kwajalein Atoll, Marshall Islands.
    (b) Scope. (1) This regulation is applicable to all persons, ships 
and aircraft desiring entry into KMR.
    (2) The entry authorizations issued under this authority are limited 
to KMR and do not apply to entry to any other areas of the Marshall 
Islands.
    (3) In addition to the controls covered by this regulation movement 
within the Kwajalein Missile Range, the territorial sea thereof and 
airspace above, is subject to local control by the Commander, Kwajalein 
Missile Range, and as installation commander.
    (4) This regulation is not applicable to entry authorized by the 
President of

[[Page 71]]

the United States pursuant to the United Nations (U.N.) Charter and to 
Article 13 of the Trusteeship Agreement for the Former Japanese Mandated 
Islands.
    (c) Explanation of terms--(1) Department of Defense. A department of 
the executive branch of the U.S. Government which includes the 
Departments of the Army, the Navy, and the Air Force.
    (2) Entry Authorization. Authorization by designated authority for a 
person, a ship, or an aircraft to enter Kwajalein Missile Range, the 
surrounding territorial sea, and the airspace above.
    (3) National Range Commander. The Commander, Ballistic Missile 
Defense Systems Command, is the National Range Commander.

    Address: National Range Commander, Kwajalein Missile Range, 
Ballistic Missile Defense Systems Command, ATTN: BDMSC-R, P.O. Box 1500, 
Huntsville, Alabama 35807.
    Electrical Address: CDRBMDSCOM HUNTSVILLE AL//BMDSC-R//.

    (4) Commander. KMR. The Commander of the Kwajalein Missile Range is 
located at Kwajalein Island, Republic of the Marshall Islands.

    Address: Commander, Kwajalein Missile Range, P.O. Box 26, APO San 
Francisco 96555.
    Electrical Address: CDRKMR MI //BMDSC-RK//

    (5) Excluded person. A person who has been notified by the National 
Range Commander or the Commander, KMR, that authority for said person to 
enter Kwajalein Missile Range or to remain in Kwajalein Missile Range 
has been denied or revoked.
    (6) Unauthorized person. A person who does not hold a currently 
valid entry authorization for the Kwajalein Missile Range and does not 
possess entry rights under authority of paragraph 4-1.a.
    (7) Aliens. Persons who are neither citizens of, nor nationals of, 
nor aliens to the United States of America.
    (8) Permanent resident aliens. Persons who are not citizens of the 
United States of America but who have entered the United States under an 
immigrant quota.
    (9) Military installation. A military (Army, Navy, Air Force, Marine 
Corps, and/or Coast Guard) activity ashore, having a commanding officer, 
and located in an area having fixed boundaries, within which all persons 
are subject to military control and to the immediate authority of a 
commanding officer.
    (10) Public ship or aircraft. A ship, boat, or aircraft owned by or 
belonging to a Government and not engaged in commercial activity.
    (11) Kwajalein Missile Range. Kwajalein Missile Range is defined as 
all those defense sites in the Kwajalein Atoll, Marshall Islands, 
including airspace and adjacent territorial waters, to which the United 
States Government has exclusive rights and entry control by agreement 
with the Trust Territory of the Pacific Islands and the Republic of the 
Marshall Islands.
    (12) Territorial waters. In accordance with title 19, chapter 3, 
section 101 of the Code of the Trust Territory of the Pacific Islands 
territorial waters mean, ``that part of the sea comprehended within the 
envelope of all arcs of circles having a radius of three marine miles 
drawn from all points of the barrier reef, fringing reef, or other reef 
system of the Trust Territory, measured from the low water line, or, in 
the absence of such a reef system, the distance to be measured from the 
low water line of any island, islet, reef, or rocks within the 
jurisdiction of the Trust Territory.''
    (13) Kwajalein Missile Range Airspace. The air lying above the 
Kwajalein Atoll, including that above the territorial waters.
    (14) Trust Territory Republic of the Marshall Islands Registry. 
Registration of a ship or aircraft in accordance with the laws of the 
Trust Territory of the Pacific Islands or the Republic of the Marshall 
Islands.
    (15) U.S. Registry. Registration of a ship or aircraft in accordance 
with the laws and regulations of the United States.
    (16) U.S. Armed Forces. Military personnel of the Department of 
Defense and the United States Coast Guard.
    (17) Principal. A resident of Kwajalein Missile Range who is 
authorized to have his or her dependent(s) reside or visit with him 
(her) on Kwajalein Missile Range.

[[Page 72]]

    (18) Dependent. (i) Spouse of principal.
    (ii) Unmarried child of principal less than 21 years of age.
    (iii) Sponsored individual meeting the dependency criteria of 
section 152, Internal Revenue Code (26 U.S.C. 152), and approved by the 
Commander, Kwajalein Missile Range.



Sec.  525.2  Background and authority.

    (a) Background. (1) Certain areas, due to their strategic nature or 
for purposes of defense, have been subjected to restrictions regarding 
the free entry of persons, ships, and aircraft. Free entry into the 
areas listed and defined in this regulation, and military installations 
contiguous to or within the boundaries of defense site areas, is subject 
to control as provided for in the Executive Order 11021 of May 7, 1962 
and Departments of Interior and Defense Agreement effective July 1, 
1963, or other regulations. Such restrictions are imposed for defense 
purposes because of the unique strategic nature of the area and for the 
protection of the United States Government military bases, stations, 
facilities, and other installations, and the personnel, property, and 
equipment assigned to or located therein. Persons, ships, and aircraft 
are excluded from KMR unless and until they are granted permission to 
enter under applicable regulations.
    (2) The control of entry into or movement within KMR by persons, 
ships, or aircraft will be exercised so as to protect fully the physical 
security of, and insure the full effectiveness of, bases, stations, 
facilities, other installations, and individuals within KMR. However, 
unnecessary interference with the free movement of persons, ships, and 
aircraft is to be avoided.
    (3) This regulation will be administered to provide the prompt 
processing of all applications and to insure uniformity of 
interpretation and application insofar as changing conditions permit.
    (4) In cases of doubt, the determination will be made in favor of 
the course of action which will best serve the interests of the United 
States and national defense as distinguished from the private interests 
of an individual or group.
    (b) Authority. (1) The Trust Territory of the Pacific Islands is a 
strategic area administered by the United States under the provisions of 
the Trusteeship Agreement for the Former Japanese Mandated Islands, 
approved by the United Nations April 2, 1947. Congress, by 48 U.S.C. 
Sec. 1681, gave responsibility for this area to the President. By 
Executive Order 11021, the President delegated this authority to the 
Secretary of Interior. By agreement between the Secretary of Interior 
and Secretary of Defense, the Navy became responsible for all entry 
control July 1, 1963. With approval of the Secretary of Defense and 
Director of the Office of Territories, the authority to control entry 
into KMR was transferred to the Army in July of 1964.
    (2) The authority of the Department of the Army to control entry of 
persons, ships, and aircraft into Kwajalein Missile Range is exercised 
through the Commander, Ballistic Missile Defense Systems Command, who is 
the National Range Commander.
    (3) Penalties are provided by law for:
    (i) Violation of regulations imposed for the protection or security 
of military or naval aircraft, airports, air facilities, vessels, 
harbors, ports, piers, waterfront facilities, bases, forts, posts, 
laboratories, stations, vehicles, equipment, explosives, or other 
property or places subject to the jurisdiction of, administration of, or 
in the custody of the Department of Defense (sec. 21 of the Internal 
Security Act of 1950 (50 U.S.C. 797) and Department of Defense Directive 
5200.8 of 29 July 1980.
    (ii) Knowingly and willfully making a false or misleading statement 
or representation in any matter within the jurisdiction of any 
department or agency of the United States (18 U.S.C. 1001).



Sec.  525.3  Criteria.

    (a) General. (1) Entry authorizations may be issued only after the 
National Range Commander, the Commander, KMR, or a duly authorized 
subordinate has determined that the presence of the person, ship, or 
aircraft will not, under existing or reasonably forseeable future 
conditions, endanger, place an undue burden upon, or otherwise 
jeopardize the efficiency, capability or effectiveness of any military 
installation

[[Page 73]]

located within Kwajalein Missile Range or areas contiguous thereto. 
Factors to be considered shall include, but not be limited to, the true 
purpose of the entry, the possible burdens or threats to the defense 
facilities which the presence of the ship, aircraft, or the individual 
or individuals involved impose or might reasonably be expected to impose 
on those islands in the Kwajalein Atoll under U.S. Army jurisdiction.
    (2) Request for entry authorizations will be evaluated and adjudged 
as to whether the entry at the time and for the purpose stated will or 
will not be inimical to the purposes of U.S. national defense.
    (b) Aliens and permanent resident aliens. (1) Entry of aliens for 
employment or residence (except as specified in paragraph 3-2.b.) in an 
area entirely within the borders of Kwajalein Missile Range is not 
authorized except when such entry would serve the interests of the U.S. 
Government, and then only for specified periods and under prescribed 
conditions. Entry application shall include the name and nationality of 
the person desiring entry.
    (2) Alien and immigrant spouses and dependents of U.S. citizen 
sponsors or principals assigned to Kwajalein Missile Range may be 
granted entry authorization by the National Range Commander so long as 
U.S. sponsor or principal remains on duty or resides within Kwajalein 
Missile Range.
    (c) Excluded persons. Excluded persons, as defined in 1-3.e., are 
normally prohibited from entering Kwajalein Missile Range. Excluded 
persons may enter Kwajalein Missile Range only when a bona fide 
emergency exists and the Commander, Kwajalein Missile Range, grants 
permission for them to enter or transit the Kwajalein Missile Range. 
While they are within the jurisdiction of the Commander, Kwajalein 
Missile Range, they will be subject to such restrictions and regulations 
as he may impose.
    (d) Unauthorized persons. Persons not authorized to enter Kwajalein 
will not normally be allowed to debark from authorized ships or aircraft 
at Kwajalein Island or other islands in the Kwajalein Atoll to which the 
U.S. Government has lease rights, except that continuing aircraft 
passengers may be allowed at the discretion of the Commander, Kwajalein 
Missile Range, to debark during aircraft ground time to remain within 
specified portions of the terminal building designated by the Commander, 
Kwajalein Missile Range. In emergency situations, entry of unauthorized 
personnel may be granted by the Commander, Kwajalein Missile Range.
    (e) Entrance to other areas of the Trust Territory. No person, 
unless a citizen, national, or permanent resident alien of the Marshall 
Islands, will be permitted to debark at Kwajalein Missile Range for the 
purpose of transiting to areas under the jurisdiction of the Republic of 
the Marshall Islands without possessing a permit issued by its Chief of 
Immigration.

Address: Chief of Immigration, Office of the Attorney General, Republic 
of the Marshall Islands, Majuro, MI 96960.

    (f) Unauthorized marine vessels and aircraft. No unauthorized marine 
vessel or aircraft shall enter Kwajalein Missile Range unless a bona 
fide emergency exists and the Commander, Kwajalein Missile Range, has 
granted such permission. The Commander, Kwajalein Missile Range, shall 
use all means at his disposal to prevent unauthorized vessels and 
aircraft from entering Kwajalein Missile Range. Unauthorized marine 
vessels and aircraft will be seized for prosecution along with the crew, 
passengers, and cargo.
    (g) Military areas. Entries authorized under this instruction do not 
restrict the authority of the Commander, Kwajalein Missile Range, to 
impose and enforce proper regulations restricting movement into or 
within portions of Kwajalein Missile Range reserved for military 
operations.
    (h) Waivers. No one except the National Range Commander, or his duly 
authorized representative, has authority to waive the requirements of 
this regulation. Any waiver shall be in writing and signed.
    (i) Security clearances. Organizations, including U.S. Government 
contractors, responsible for the assignment of personnel to KMR on 
either a temporary or permanent basis will comply with security 
clearance requirements

[[Page 74]]

for the assignment. A copy of the security clearance notification will 
be forwarded to Cdr, BMDSCOM, ATTN: BMDSC-AU.



Sec.  525.4  Entry authorization (policy).

    (a) Personnel. (1) Persons in the following categories may enter 
Kwajalein Missile Range without obtaining specific entry authorization 
provided the Commander, Kwajalein Missile Range, is notified of 
impending entry 14 days prior to entry date:
    (i) Personnel being assigned to Kwajalein Missile Range as 
permanent-party and traveling on official orders.
    (ii) Personnel being temporarily assigned to Kwajalein Missile Range 
and who are traveling on official orders.
    (iii) Dependents of permanent-party personnel who are accompanying 
their sponsors and are traveling on official orders.
    (iv) Crew members on ships and aircraft authorized to enter 
Kwajalein Missile Range.
    (2) Persons in the following categories will submit request for 
entry authorization to the Commander, Kwajalein Missile Range, ATTN: 
BMDSC-RKE-S:
    (i) Dependents of KMR-based permanent-party personnel for the 
purpose of joining their sponsors (already stationed at KMR) on either a 
permanent or temporary basis.
    (ii) Citizens, nationals and permanent resident aliens of the 
Republic of the Marshall Islands except those who deplaned for the 
purpose of transiting Kwajalein Defense Site.
    (iii) Citizens of the Trust Territory of the Pacific Islands.
    (iv) U.S. citizen employees and officials of the Trust Territory of 
the Pacific Islands.
    (3) All other personnel, except news media representatives, will 
submit request for entry authorization to the National Range Commander, 
BMDSCOM, ATTN: BMDSC-R (electrical address: CDRBMDSCOM HUNTSVILLE AL //
BMDSC-RA//).
    (4) All requests and notifications will include the following data 
(as applicable):
    (i) Full name(s).
    (ii) Citizenship.
    (iii) Organization.
    (iv) Purpose of entry.
    (v) Point of contact at Kwajalein Missile Range.
    (vi) Inclusive dates of stay.
    (vii) Return address.
    (viii) Proof of security clearance (if access to classified 
information is required).
    (5) News media representatives require authority from the National 
Range Commander to visit Kwajalein Missile Range (news media 
representatives wishing to transit Kwajalein Island to visit any island 
not within the Kwajalein Missile Range must obtain entry authorization 
from the Republic of the Marshall Islands and present same to the air 
carrier at the point of departure to Kwajalein Island). Requests should 
be addressed to the National Range Commander, BMDSCOM, ATTN: BMDSC-S 
(electrical address: CDRBMDSCOM HUNTSVILLE AL//BMDSC-S//) and contain 
the following information:
    (i) Name.
    (ii) Date and place of birth.
    (iii) Citizenship.
    (iv) Organization(s) represented.
    (v) Objective(s) of visit.
    (vi) Desired and alternative arrival and departure dates.
    (vii) Address(es) and telephone number(s) for additional information 
and/or reply.
    (b) Ship. (1) Ships or other marine vessels in the following 
categories, except those which have been denied entry or have had a 
prior entry authorization revoked, may enter the Kwajalein Missile Range 
territorial waters upon request to and approval of the Commander, 
Kwajalein Missile Range:
    (i) U.S. private ships which are:
    (A) Under charter to the Military Sealift Command, or
    (B) Employed exclusively in support of and in connection with a 
Department of Defense construction, maintenance, or repair contract.
    (ii) Trust Territory of the Pacific Islands/RMI ships which have 
been approved by the resident representative on Kwajalein.
    (iii) Any ship in distress.
    (iv) U.S. public ships which are providing a service to the 
Kwajalein Atoll in accordance with their agency responsibilities.

[[Page 75]]

    (2) All other ships or marine vessels must obtain an entry 
authorization from the National Range Commander before entering the 
Kwajalein Atoll territorial sea. The entry authorization application 
should reach the National Range Commander at least 14 days prior to the 
desired entry date and should include the following information:
    (i) Name of ship.
    (ii) Place of registry and registry number.
    (iii) Name, nationality, and address of operator.
    (iv) Name, nationality, and address of owner.
    (v) Gross tonnage of ship.
    (vi) Nationality and numbers of officers and crew (include crew list 
when practicable).
    (vii) Number of passengers (include list when practicable).
    (viii) Last port of call prior to entry into area for which 
clearance is requested.
    (ix) Purpose of visit.
    (x) Proposed date of entry and estimated duration of stay.
    (xi) Whether ship is equipped with firearms or photographic 
equipment.
    (xii) Whether crew or passengers have in their possession firearms 
or cameras.
    (3) Entry authorizations may be granted for either single or 
multiple entries.
    (4) Captains of ships and/or marine vessels planning to enter 
Kwajalein Missile Range shall not knowingly permit excluded persons to 
board their vessels.
    (5) U.S. public ships which are authorized to enter defense areas by 
the controlling Defense Department agency may enter the Kwajalein Atoll 
territorial sea without the specific approval of either the National 
Range Commander or the Commander, KMR, provided that the Commander, KMR, 
is notified as far in advance of the impending entry as is consistent 
with the security requirements pertaining to such movement.
    (c) Aircraft. (1) Aircraft in the following categories, except those 
aircraft which have been denied entry or have had a prior entry 
authorization revoked, may enter Kwajalein Atoll airspace upon request 
to and approval of the Commander, KMR:
    (i) U.S. private aircraft which are under charter to the Military 
Airlift Command.
    (ii) Public aircraft of the Trust Territory of the Pacific Islands/
RMI which have been approved by the resident representative on 
Kwajalein.
    (iii) Private aircraft registered with and approved by the 
Commander, KMR, which are based on Kwajalein Island.
    (iv) Any aircraft in distress.
    (v) Private aircraft operated by a common carrier which is providing 
scheduled air service to or through the Kwajalein Atoll under a current 
license issued by the Department of the Army.
    (vi) U.S. public aircraft which are providing a service to the 
Kwajalein Atoll in accordance with their agency responsibilities.
    (2) All aircraft, except those categorized in paragraph 4-3.a., must 
obtain an entry authorization from the National Range Commander before 
entering Kwajalein Atoll airspace. The entry authorization application 
should reach the National Range Commander at least 14 days prior to the 
desired entry date and should include the following information:
    (i) Type and serial number of aircraft.
    (ii) Nationality and name of registered owner.
    (iii) Name and rank of senior pilot.
    (iv) Nationality and number of crew (include crew list when 
practicable).
    (v) Number of passengers (include list when practicable).
    (vi) Purpose of flight.
    (vii) Plan of flight route, including the point of origin of flight 
and its designation and estimated date and times of arrival and 
departure of airspace covered by this procedure.
    (viii) Radio call signs of aircraft and radio frequencies available.
    (ix) Whether aircraft is equipped with firearms or photographic 
equipment.
    (x) Whether crew or passengers have in their possession firearms or 
cameras.
    (3) Entry authorizations may be granted for either single or 
multiple entries.
    (4) Captains of aircraft planning to enter Kwajalein Missile Range 
airspace

[[Page 76]]

shall not knowingly permit excluded persons to board their aircraft.
    (5) U.S. public aircraft which are authorized to enter defense areas 
by the controlling Defense Department agency may enter the Kwajalein 
Atoll airspace with the specific approval of either the National Range 
Commander or the Commander, KMR, provided that the Commander, KMR, is 
notified as far in advance of the impending entry as is consistent with 
the security requirement pertaining to such movements.



Sec.  525.5  Entry authorization (procedure).

    (a) Processing. (1) Upon receipt of an application, the appropriate 
officer (either the National Range Commander, the Commander, Kwajalein 
Missile Range or the designated representative) shall take the following 
actions:
    (i) Determine that the entry of the applicant is, or is not, in 
accordance with the criteria set forth in chapter 3. After having made a 
determination, the reviewing authority shall either:
    (A) Issue an entry authorization as requested, or with modifications 
as circumstances require; or
    (B) Deny the request and advise the applicant of his/her right to 
appeal in accordance with the provisions of paragraph 5-2.
    (ii) If the reviewing authority feels that additional information is 
required before reaching a decision, the reviewing authority will 
request that information from the applicant and then proceed as in 
paragraph 5-1.a.(1).
    (iii) If, after having obtained all pertinent information, the 
reviewing authority cannot reach a decision, he/she will forward the 
application to the next higher headquarters. A statement containing the 
following information shall accompany the application:
    (A) A summary of the investigation conducted by the reviewing 
organization.
    (B) The reason the application is being forwarded.
    (C) Appropriate comments and/or recommendations.
    (2) All applicants will be kept fully informed of actions/decisions 
pertaining to his/her application. Normally a response will be forwarded 
to the applicant within ten working days after receipt of an 
application. When the National Range Commander responds to an 
application, he/she will send a copy of that response to the Commander, 
KMR. When the Commander, Kwajalein Missile Range, responds to an 
application, and the National Range Commander has an interest in the 
visit, the Commander, KMR, will concurrently send a copy of that 
response to the National Range Commander.
    (3) Entry authorizations shall state the purpose for which the entry 
is authorized and such other information and conditions as are pertinent 
to the particular authorization.
    (b) Revocations. (1) Entry authorizations may be revoked by the 
National Range Commander or the Commander, Kwajalein Missile Range, for 
misconduct, or termination of status, or upon being advised of the 
discovery of information which would have been grounds for denial of the 
initial request. Such a revocation will be confirmed in writing to the 
holder of an entry authorization. When an entry authorization is 
revoked, a one-way permit will be normally issued as appropriate, to 
permit the ship, aircraft, or person to depart the area.
    (2) When Commander, Kwajalein Missile Range revokes an entry 
authorization, he shall forward a copy of such revocation with 
supporting documentation to the National Range Commander.
    (c) Appeals. (1) Appeals from entry denial or revocation by 
Commander, Kwajalein Missile Range will be filed with the National Range 
Commander. An appeal shall contain a complete statement of the purpose 
of the proposed entry and a statement or reasons why the entry should be 
authorized, or why revocation of entry authorization should not be 
enforced.
    (2) Final appeal letters will be forwarded promptly by the National 
Range Commander to the BMD Program Manager with an indorsement setting 
forth in detail the facts and circumstances surrounding the action 
taken.
    (d) Renewals. Entry authorizations having been granted and utilized 
may be extended or renewed upon request at

[[Page 77]]

the expiration of the period for which the entry was originally 
authorized or extended provided the justification for remaining in the 
area or for making a reentry meets the criteria set forth in this 
procedure. It shall be the responsibility of every applicant to depart 
Kwajalein Missile Range upon expiration of the time prescribed in the 
entry authorization, unless such authorization has been extended or 
renewed. Failure to comply herewith will be considered as evidence or 
violation of this procedure and may result in denial of future 
authorizations.

[[Page 78]]



                    SUBCHAPTER B_CLAIMS AND ACCOUNTS





PART 534_MILITARY COURT FEES--Table of Contents



Sec.
534.1 General.
534.2 Allowable expenses for reporters.
534.3 Allowable expenses for witnesses.
534.4 Other fees.

    Authority: Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012.

    Cross Reference: General Accounting Office, see 4 CFR chapter I.

    Source: 26 FR 9989, Oct. 25, 1961, unless otherwise noted.



Sec.  534.1  General.

    (a) Applicability. This part applies to court reporters and 
interpreters appointed under the Uniform Code of Military Justice, 
Article 28 (10 U.S.C. 828), and witnesses both in Government employ and 
those not in Government employ when subpoenaed to appear before a court.
    (b) Use of term ``court''. The term ``court'' as used in this part 
will be construed to include court-martial, court of inquiry, military 
commission, or retiring board. ``Military commission'' includes any 
United States tribunal, by whatever name described, convened in the 
exercise of military government, martial law, or the laws of war.



Sec.  534.2  Allowable expenses for reporters.

    (a) General. Reporters appointed under the Uniform Code of Military 
Justice, Article 28, are entitled to payment for their services in such 
capacity at the rates specified in paragraphs (b) through (i) of this 
section, or at such lower rates as may be stated in the appointing 
instrument.
    (b) Per diem pay. A reporter is entitled to a per diem payment of 
not to exceed $5 for each day or fraction thereof in attendance at 
court. Only one such payment is authorized for any 1 day even if the 
reporter attends two or more courts. For the purpose of this payment, 
the day ends at midnight and any fraction will be considered a whole 
day.
    (c) Hourly pay. A reporter is entitled to an hourly payment of not 
to exceed 50 cents for each hour, or fractional part equal to or greater 
than one-half hour, actually spent in court during the trial or hearing. 
A fractional part of an hour, less than one-half hour, will be 
disregarded, except that if the total time in attendance in one day or 
at one court in one day is less than 1 hour, such time will be 
considered as 1 hour. Time will be computed separately for each day if 
only one court is attended in such day. If more than one court is 
attended in 1 day, time in attendance at each court will be computed 
separately. The hourly pay is in addition to the per diem prescribed in 
paragraph (b) of this section.
    (d) Piece-work pay--(1) Rates. In addition to per diem and hourly 
pay prescribed in paragraphs (b) and (c) of this section, a reporter 
will be paid on a piece-work basis for transcribing notes and copy work 
based on the following rates:
    (i) Transcribing notes and making that portion of the original 
record which is required to be typewritten--25 cents for each 100 words.
    (ii) Each carbon copy of the record when authorized by the convening 
authority--10 cents for each 100 words.
    (iii) Copying papers material to the inquiry--15 cents for each 100 
words.
    (iv) Each carbon copy of the papers referred to in paragraph 
(d)(1)(iii) of this section when ordered by the court for its use--2 
cents for each 100 words.
    (2) Counting number of words. The certifying officer may determine 
the total number of words by counting the words on a sufficient number 
of pages to arrive at a fair average of words per page and multiplying 
such average by the total number of pages. Abbreviations ``Q'' and ``A'' 
for ``Questions'' and ``Answer'' and all dates such as ``25th'' and 
``1957'' will each be counted as one word. Punctuation marks will not be 
counted as words.
    (e) Mileage. A reporter is entitled to 8 cents a mile for travel 
from his home or usual place of employment to the court and for his 
return journey, computed on the basis of the Rand McNally

[[Page 79]]

Standard Highway Mileage Guide. Mileage is not authorized for return 
trips each night unless the sessions of the court are held on 
nonconsecutive days. The fact that a reporter may serve two or more 
courts in the same day does not warrant a duplication of his mileage 
allowance.
    (f) Allowance in lieu of subsistence--(1) General. When the official 
of the court having control in such matters keeps the reporter at his 
own expense away from his usual place of employment for 24 hours or more 
on public business referred to the court, a per diem allowance of not to 
exceed $4 in lieu of subsistence will be paid to the reporter for 
himself. A like allowance when ordered by the court will be paid to the 
reporter for each necessary assistant. The fact that a reporter returns 
each night to his home does not preclude the view that he is kept away 
from his usual place of employment for 24 hours. Service as reporter 
before two or more courts in the same day does not warrant duplication 
of the per diem allowance in lieu of subsistence.
    (2) Computation. The time for which the per diem allowance for 
expenses is to be paid will be computed in the manner prescribed in 
Sec.  534.3(b)(3) for a civilian witness not in Government employ.
    (g) Allowance for constructive attendance. A reporter duly employed 
but who after arrival at court performs no service because of 
adjournment is entitled to mileage; to a day's pay as prescribed in 
paragraph (c) of this section; and also to the per diem allowance 
prescribed in paragraph (f) of this section if kept away from his usual 
place of employment for 24 hours.
    (h) Detail of enlisted members. Enlisted members may be detailed to 
serve as stenographic reporters for military courts, boards, and 
commissions, but will receive no extra pay for such service.
    (i) Persons receiving pay from Government. Compensation for clerical 
duties performed for a court will not be paid to a person who is in the 
pay of the Government, except retired military members to the extent 
permitted under the dual compensation laws.



Sec.  534.3  Allowable expenses for witnesses.

    (a) Military members--(1) On active duty. Members in the military 
service, on active duty, when required to appear as witnesses before 
courts will receive the appropriate travel and transportation allowances 
prescribed in chapter 4, Joint Travel Regulations.
    (2) Retired members. Retired military members, not on active duty, 
when called as witnesses (other than expert witnesses), are entitled for 
their services as such to the mileage and other fees prescribed in 
paragraph (b)(3) of this section, for civilian witnesses not in 
Government employ.
    (b) Civilians--(1) General. (i) Persons not subject to military law 
when called as witnesses are entitled to the fees and mileage allowed to 
wintesses attending courts of the United States.


(Article 47, Uniform Code of Military Justice (10 U.S.C. 847; 1 Comp. 
Gen. 347))

    (ii) When the court is sitting in a foreign country, the oversea 
commander within whose command the court is convened will fix fees and 
allowances to be paid to witnesses, not in excess of maximum rates 
permitted to witnesses attending the courts of the United States or the 
courts of the foreign country, whichever rates may be higher.
    (2) In Government employ. Any officer or employee of the United 
States or any agency thereof, summoned as a witness on behalf of the 
United States, shall be paid his necessary expenses incident to travel 
by common carrier, or, if travel is made by privately owned automobile, 
mileage at a rate not to exceed 10 cents per mile, together with a per 
diem allowance not to exceed the rate of $12 a day.


(62 Stat. 950, 63 Stat. 103, 704, 69 Stat. 394; 28 U.S.C. 1823(a))

    (3) Not in Government employ--(i) Excluding Alaska and Canal Zone. A 
witness attending in any court of the United States or before a United 
States commissioner or person taking his deposition pursuant to any 
order of the court of the United States, will receive $4 for each day's 
attendance and for the time necessarily occupied in going to

[[Page 80]]

and returning from the same, and 8 cents per mile for going from and 
returning to his place of residence. Witnesses who are not salaried 
employees of the Government and who are not in custody and who attend at 
point so far removed from their respective residences as to prohibit 
return thereto from day to day will be entitled to an additional 
allowance of $8 per day for expenses of subsistence including the time 
necessarily occupied in going to and returning from the place of 
attendance. In lieu of the mileage allowance provided for herein, 
witnesses who are required to travel between the Territories, 
possessions, or to and from the continental United States, will be 
entitled to the actual expenses of travel at the lowest first-class rate 
available at the time of reservation for passage, by means of 
transportation employed. When a witness is detained in prison for want 
of security for his appearance, he will be entitled, in addition to his 
subsistence, to a compensation of $1 a day.
    (ii) In Alaska and Canal Zone. (a) In Alaska such witnesses are 
entitled to the witness fees and mileage prescribed for witnesses before 
the United States district court in the judicial division in which the 
trial or hearing is held. Fees vary in the different judicial divisions.
    (b) In the Canal Zone such witnesses are entitled to the witness 
fees and mileage as are prescribed for witnesses before the United 
States court in the Canal Zone.
    (c) Responsible officers in Alaska and in the Panama Canal Zone will 
keep informed as to the fees payable in United States courts in those 
places.
    (c) Mileage--(1) General. A civilian witness not in Government 
employ, when furnished transportation in kind by the Government, is 
entitled to 8 cents per mile less the cost of transportation furnished. 
A civilian witness residing within the jurisdiction of the court, who is 
subpoenaed and attends the trial in obedience to such subpoena, is 
entitled to mileage between his residence and the place of trial, 
regardless of whether both are in the same city.
    (2) Computation. Mileage at the rate of 8 cents per mile will be 
computed on the basis of the Rand McNally Standard Highway Mileage Guide 
regardless of the mode of transportation used.
    (d) Subsistence per diem allowance--(1) When payable. The 
subsistence per diem allowance is payable only when the place of trial 
is so far removed from the place of residence as to prohibit return of 
the witness thereto from day to day and such fact is properly certified. 
(See 6 Comp. Gen. 835.)
    (2) Computation. In computing the subsistence per diem allowance 
prescribed in paragraph (b)(3)(i) of this section, the calendar day 
beginning at midnight is the unit, and the subsistence per diem 
allowance accrues from the time it is necessary for the witness to leave 
his home in order to arrive at the place of trial at the appointed time 
until the time he could arrive at his home by first available 
transportation after his discharge from attendance, any fractional part 
of a day under such transportation to be regarded as a day for per diem 
purposes. (See 5 Comp. Gen. 1028, as modified by 6 Comp. Gen. 480 and 6 
id. 835.)
    (e) Attendance fees--(1) Attendance at more than one case on same 
day. A person attending as a witness in more than one case on the same 
day under a general subpoena to appear and testify is entitled to only 
one per diem for each day's attendance. If separate subpoenas are issued 
in each case, the defendants being different, the witness is entitled to 
separate per diem for actual attendance in each case. The duplication of 
fees on account of attendance as witness in more than one case on the 
same day does not apply to the 8-cent mileage allowance and does not 
apply to the per diem on $8 in lieu of subsistence.
    (2) Attendance before officer taking deposition. A witness who is 
required to appear before an officer (civil or military) empowered to 
take depositions and there to give testimony under oath to be used 
before a court is entitled for such service and for the necessary travel 
incident thereto, including return travel, to the allowances prescribed 
in paragraphs (a) and (b) of this section, the same as though his 
appearance were before a court. (See 8 Comp. Gen. 18.)
    (3) Attendance before military courts or boards of limited 
jurisdiction. A subpoena

[[Page 81]]

or other compulsory process addressed to a civilian by a military court 
or board which has not express statutory authority to issue such 
process, such as a board of officers convened to investigate and report 
upon the facts connected with the death of an enlisted member while on 
temporary duty, is void. Civilian witnesses who appear before such a 
board in response to such void process must be regarded as having done 
so voluntarily and are not entitled to witness fees, in the absence of a 
specific appropriation therefor. (See 8 Comp. Gen. 64.)
    (4) Computation. The provisions of paragraph (d)(2) of this section 
are equally applicable for computation of the attendance fee.
    (f) Expert--(1) Fees paid. An expert witness employed in accordance 
with Manual for Courts-Martial, 1951, paragraph 116, may be paid 
compensation at the rate prescribed in advance by the official empowered 
to authorize his employment. (See 11 Comp. Gen. 504.) In the absence of 
such advance authorization no fees, other than ordinary witness fees, 
may be paid for the employment of an individual as an expert witness. 
(See paragraph 116, Manual for Courts-Martial (Executive Order 10214).)
    (2) Limitations. (i) An expert while employed on behalf of the 
Government is an officer or employee of the United States within the 
laws affecting traveling and subsistence expenses of officers and 
employees of the Government generally. His traveling allowances are 
therefore subject to the limitations prescribed in the Travel Expense 
Act of 1949 (63 Stat. 166; 5 U.S.C. 835-842) and the Standardized 
Government Travel Regulations. (See 6 Comp. Gen. 712.)
    (ii) There is no authority for payment by the Government of fees to 
an expert, who was employed by an officer or employee of the Government 
to aid in the performance of his duties, other than an expert witness 
who actually appears as such (paragraph (b)(2) of this section).
    (iii) A retired officer, not on active duty, employed as an expert 
witness is not entitled to any compensation in addition to his retired 
pay for such service. The traveling allowances of such a retired 
officer, so employed, are subject to the limitations prescribed in the 
Travel Expense Act of 1949 and the Standardized Government Travel 
Regulations. (See 6 Comp. Gen 712.)
    (g) Witness not subpoenaed--(1) Compelled to testify. A person who, 
although not subpoenaed, is present at trial or hearing before a court 
or other body authorized to compel the attendance of witnesses by 
compulsory process, and who is compelled or required to testify at such 
hearing, is entitled to fees and mileage allowances payable to 
witnesses.
    (2) Voluntarily testifies. A person who was neither subpoenaed nor 
requested to appear as a witness, but who voluntarily requested and was 
granted permission to testify to certain matters considered pertinent to 
an inquiry being conducted, is not entitled to mileage and witness fees. 
(See 9 Comp. Gen. 255.)



Sec.  534.4  Other fees.

    (a) Service of subpoena. Fees or compensation for the service of a 
subpoena by a civilian are not prescribed by the laws of the United 
States. Fees and mileage allowed by the local law for similar services 
may be paid. If no specific fee or mileage is fixed by local law, 
reasonable allowances may be paid. (See Dig. Op. JAG, 1912-40, sec. 
379.)
    (b) Taking of depositions--(1) Fees of civil officers. A civil 
officer before whom a deposition is taken may be paid the fees allowed 
by law of the place where the deposition is taken (or a reasonable fee 
if no specific fee is fixed by local laws), but no mileage or other 
allowance for travel of the civil officer to the witness is provided for 
or authorized by law. (See 2 Comp. Gen. 65.)
    (2) Travel of witnesses. If the witness and the civil officer before 
whom the deposition is to be taken do not reside at the same place, the 
witness should be required to perform the necessary travel, and he is 
entitled to mileage or other travel allowance therefor as prescribed in 
Sec.  534.3(e)(2).
    (3) Oaths in matters of military administration. Where the service 
of one of the officers designated in the Uniform Code of Military 
Justice, Article 136, is not available, fees may be paid to civil 
officers for administering oaths in matters

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relating to military administration, subject to the conditions indicated 
in paragraph (b)(1) of this section.
    (c) Interpreters. An interpreter appointed under the Uniform Code of 
Military Justice, Article 28 (10 U.S.C. 828), is entitled for his 
services as such to the allowances prescribed for witnesses (Sec.  
534.3).
    (d) Furnishing copies of official records or documents. The fees 
provided by the local laws may be paid to the proper officials for 
furnishing such certified copies of public records or documents and 
expenses in connection with the procurement of photostatic copies, 
photographs, and negatives as are required by the court.
    (e) Attendance upon civil courts--(1) Cases involving performance of 
official duties. A military member on active duty or a civilian in 
Government employ appearing on behalf of the United States in cases 
arising out of the performance of their official duties is entitled to 
transportation and per diem as prescribed in Sec.  534.3(a)(1) and 
(b)(1). Payment may be made by Department of the Army finance and 
accounting officers and will be charged to Department of the Army 
appropriations available for travel expenses of military personnel and 
civilian employees.
    (2) Cases involving other than performance of official duties. A 
military member on active duty or a civilian in Government employ 
appearing on behalf of the United States in cases involving other than 
the performance of their official duties is entitled to transportation 
or transportation allowances and per diem as may be prescribed by The 
Attorney General. The subpoena or letter requesting attendance will 
specify the rates payable and will cite the appropriation chargeable. 
Payment may be made by a Department of the Army finance and accounting 
officer and reimbursement obtained from the Department of Justice.
    (3) Cases in which civilians not in Government employ are called as 
witnesses. Payments to civilians out of Government employ will not be 
made by Department of the Army finance and accounting officers. Such 
payments will be made by the Department of Justice.



PART 536_CLAIMS AGAINST THE UNITED STATES--Table of Contents



                    Subpart A_The Army Claims System

Sec.
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.

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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.

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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 the 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.

    Authority: 10 U.S.C. 2733; 10 U.S.C. 1089; 10 U.S.C. 1054; 28 U.S.C. 
1291, 2401-2402, 2411-2412, 2671-2680; 10 U.S.C. 2737; 32 U.S.C. 715; 10 
U.S.C. 2734a, 2734b; 10 U.S.C. 2734; 10 U.S.C. 4801, 4802, 4806; 46 
U.S.C. app. 740; 39 U.S.C. 411; 10 U.S.C. 939; 10 U.S.C. 2736; 10 U.S.C. 
2735; 10 U.S.C. 2731.

[[Page 85]]


    Source: 71 FR 69360, Nov. 30, 2006, unless otherwise noted.



                    Subpart A_The Army Claims System



Sec.  536.1  Purpose of the Army Claims System.

    This part sets forth policies and procedures that govern the 
investigating, processing, and settling of claims against, and in favor 
of, the United States under the authority conferred by statutes, 
regulations, international and interagency agreements, and Department of 
Defense Directives (DODDs). It is intended to ensure that claims are 
investigated properly and adjudicated according to applicable law, and 
valid recoveries and affirmative claims are pursued against carriers, 
third-party insurers, and tortfeasors.



Sec.  536.2  Claims authorities.

    (a) General. Claims cognizable under the following list of statutes 
and authorities are processed and settled under DA Pam 27-162 and this 
part. All of these materials may be viewed on the USARCS Web site, 
https://www.jagcnet.army.mil/85256F33005C2B92/(JAGCNETDocID)/
HOME?OPENDOCUMENT. Select the link ``Claims Resources.''
    (1) Tort claims. (i) The Military Claims Act (MCA), 10 United States 
Code (U.S.C.) 2733 (see subpart C of this part). The ``incident-to-
service'' provision, applicable to both military and civilian personnel 
of the Department of Defense, is contained in the MCA.
    (ii) The Gonzales Act, 10 U.S.C. 1089. This act permits individual 
suits against health care providers for certain torts (see Sec.  
536.80).
    (iii) Certain suits arising out of legal malpractice, 10 U.S.C. 
1054, discussed at Sec.  536.81 and at DA Pam 27-162, paragraph 2-62f.
    (iv) The Federal Tort Claims Act (FTCA), 28 U.S.C. 1291, 1402, 2401-
2402, 2411-2412, and 2671-2680 (see subpart D of this part). The 
Westfall Act, 28 U.S.C. 2679, an integral part of the FTCA, provides 
absolute immunity from individual suit for common law torts for 
employees of the United States acting within the scope of their 
employment.
    (A) The legislative history of the FTCA.
    (B) Regulations of the Attorney General implementing the Federal 
Tort Claims Act, 28 CFR part 14.
    (C) An appendix to 28 CFR part 14 sets forth certain delegations of 
settlement authority to the Secretary of Veterans Affairs, the 
Postmaster General, the Secretary of Defense, the Secretary of 
Transportation, and the Secretary of Health and Human Services.
    (v) The Non-Scope Claims Act (NSCA), 10 U.S.C. 2737 (see subpart E 
of this part).
    (vi) The National Guard Claims Act (NGCA), 32 U.S.C. 715 (see 
subpart F of this part).
    (vii) Claims under International Agreements or the Foreign Claims 
Act.
    (A) International Agreements Claims Act (IACA), 10 U.S.C. 2734a and 
2734b.
    (B) Foreign Claims Act (FCA), 10 U.S.C. 2734 (see subpart J of this 
part).
    (viii) The Army Maritime Claims Settlement Act (AMCSA), 10 U.S.C. 
4801, 4802 and 4806. Affirmative claims under the AMCSA are processed 
under 10 U.S.C. 4803 and 4804 (see Sec.  537.16 of this chapter).
    (ix) Admiralty Extension Act (AEA), 46 U.S.C. app. 740 (see subpart 
H of this part).
    (x) Claims against nonappropriated fund (NAF) activities and the 
risk management program (RIMP) (see subpart K of this part), processed 
under Army Regulation (AR) 215-1 and AR 608-10.
    (xi) Claims by the U.S. Postal Service for losses or shortages in 
postal accounts caused by unbonded Army personnel (39 U.S.C. 411 and 
Department of Defense (DOD) Manual 4525.6-M).
    (2) Personnel claims (subpart I of this part and AR 27-20, chapter 
11).
    (i) The Personnel Claims Act (PCA), 31 U.S.C. 3721 (see AR 27-20, 
chapter 11).
    (ii) Redress of injuries to personal property, Uniform Code of 
Military Justice (UCMJ), Article 139, 10 U.S.C. 939 (see subpart I of 
this part).
    (3) Affirmative claims (32 CFR part 537).
    (i) The Federal Claims Collection Act (FCCA), 31 U.S.C. 3711-3720E.
    (ii) The Federal Medical Care Recovery Act (FMCRA), 42 U.S.C. 2651-
2653.

[[Page 86]]

    (iii) Collection from third-party payers of reasonable costs of 
healthcare services, 10 U.S.C. 1095.
    (b) Fund source authority for claims under Title 10 statutes. 10 
U.S.C. 2736, advance payments for certain property claims (see Sec.  
536.71).
    (c) Fund source authority for tort claims paid by Financial 
Management Service (FMS). 31 U.S.C. 1304, provides authority for 
judgments, awards and compromise settlements.
    (d) Additional authorities under Title 10. (1) 10 U.S.C. 2735, 
establishes that settlements (or ``actions'') under the Title 10 claims 
processing statutes are final and conclusive.
    (2) 10 U.S.C. 2731, provides a definition of the word ``settle.''
    (e) Related remedies statutes. The Army frequently receives claims 
or inquiries that are not cognizable under the statutory and other 
authorities administered by the U.S. Army under this publication and DA 
Pam 27-162. Every effort should be made to refer the claim or inquiry to 
the proper authority following the guidance in Sec.  536.34 or Sec.  
536.36. (See also the corresponding paragraphs 2-15 and 2-17, 
respectively, in DA Pam 27-162). Some authorities for related remedies 
are used more frequently than others. Where an authority for a related 
remedy is frequently used, it is listed below and is posted on the 
USARCS Web site (for the address see Sec.  536.2(a)).
    (1) Tucker Act, 28 U.S.C. 1346, provides exclusive jurisdiction in 
the Court of Federal Claims over causes of actions alleging property 
loss caused by a Fifth Amendment ``taking.''
    (2) Maritime authority statutes, Public Vessels Act (PVA), 46 U.S.C. 
app. 781-790, Suits in Admiralty Act (SIAA), 46 U.S.C. app. 741-752, and 
the Rivers and Harbors Act, 33 U.S.C. 408 and 412.
    (3) Federal Employees Compensation Act (FECA), two excerpts: 5 
U.S.C. 8116 and 8140, providing guidance on personal injury and death 
claims by civilian employees arising within the scope of their 
employment (see DA Pam 27-162, paragraph 2-15b) and information on 
certain claims by Reserve Officers Training Corps (ROTC) cadets, 
respectively, (see DA Pam 27-162, paragraph 2-17d(2)).
    (4) Longshore and Harbor Workers Compensation Act (LHWCA), 33 U.S.C. 
901-950.
    (5) Claims for consequential property damage by civilian employees 
may only be considered in the Court of Federal Claims pursuant to 28 
U.S.C. 1491.
    (f) Additional materials. There are some additional authoritative 
materials for the processing of claims, mostly of an administrative 
nature. For a complete listing of all of the supplementary materials 
relevant to claims processing under this publication and DA Pam 27-162 
see appendix B of DA Pam 27-162.
    (g) Conflict of authorities. Where a conflict exists between a 
general provision of this publication and a specific provision found in 
one of this publication's subparts implementing a specific statute, the 
specific provision, as set forth in the statute, will control.



Sec.  536.3  Command and organizational relationships.

    (a) The Secretary of the Army. The Secretary of the Army (SA) heads 
the Army Claims System and acts on certain claims appeals directly or 
through a designee.
    (b) The Judge Advocate General. The SA has delegated authority to 
The Judge Advocate General (TJAG) to assign areas of responsibility and 
designate functional responsibility for claims purposes. TJAG has 
delegated authority to the Commander USARCS to carry out the 
responsibilities assigned in Sec.  536.7 and as otherwise lawfully 
delegable.
    (c) U.S. Army Claims Service. USARCS, a command and component of the 
Office of TJAG, is the agency through which the SA and TJAG discharge 
their responsibilities for the administrative settlement of claims 
worldwide (see AR 10-72). USARCS' mailing address is: U.S. Army Claims 
Service, 4411 Llewellyn Ave., Fort George G. Meade, MD 20755-5360, 
Commercial: (301) 677-7009.
    (d) Command claims services. (1) Command claims services exercise 
general supervisory authority over claims matters arising within their 
assigned areas of operation. Command claims services will:

[[Page 87]]

    (i) Effectively control and supervise the investigation of 
potentially compensable events (PCEs) occurring within the command's 
geographic area of responsibility, in other areas for which the command 
is assigned claims responsibility, and during the course of the 
command's operations.
    (ii) Provide services for the processing and settlement of claims 
for and against the United States.
    (2) The Commander USARCS, may delegate authority to establish a 
command claims service to the commander of a major overseas command or 
other commands that include areas outside the United States, its 
territories and possessions.
    (i) When a large deployment occurs, the Commander USARCS, may 
designate a command claims service for a limited time or purpose, such 
as for the duration of an operation and for the time necessary to 
accomplish the mission. The appropriate major Army command (MACOM) will 
assist the Commander USARCS, in obtaining resources and personnel for 
the mission.
    (ii) In coordination with the Commander USARCS, the MACOM will 
designate the area of responsibility for each new command claims 
service.
    (3) A command claims service may be a separate organization with a 
designated commander or chief. If it is part of the command's Office of 
the Staff Judge Advocate (SJA), the SJA will also be the chief of the 
command claims service, however, the SJA may designate a field grade 
officer as chief of the service.
    (e) Area claims offices. The following may be designated as area 
claims offices (ACOs):
    (1) An office under the supervision of the senior judge advocate 
(JA) of each command or organization so designated by the Commander 
USARCS. The senior JA is the head of the ACO.
    (2) An office under supervision of the senior JA of each command in 
the area of responsibility of a command claims service so designated by 
the chief of that service after coordination with the Commander USARCS. 
The senior JA is the head of the ACO.
    (3) The office of counsel of each U.S. Army Corps of Engineers (COE) 
district within the United States and such other COE commands or 
agencies as designated by the Commander USARCS, with concurrence of the 
Chief Counsel, Office of the Chief of Engineers, for all claims 
generated within such districts, commands or agencies. The district 
counsel or the attorney in charge of the command's or agency's legal 
office is the head of the ACO.
    (f) Claims processing offices. Claims processing offices (CPOs) are 
normally small legal offices or ACO subordinate elements, designated by 
the Commander USARCS, a command claims service or an ACO. These offices 
are established for the investigation of all actual and potential claims 
arising within their jurisdiction, on either an area, command or agency 
basis. There are four types of claims processing offices (see Sec.  
536.10):
    (1) Claims processing offices without approval authority.
    (2) Claims processing offices with approval authority.
    (3) Medical claims processing offices.
    (4) Special claims processing offices.
    (g) Limitations on delegation of authority under any subpart. (1) 
The Commander USARCS, commanders or chiefs of command claims services, 
or the heads of ACOs or CPOs with approval authority may delegate, in 
writing, all or any portion of their monetary approval authority to 
subordinate JAs or claims attorneys in their services or offices.
    (2) The authority to act upon appeals or requests for 
reconsideration, to deny claims (including disapprovals based on 
substantial fraud), to grant waivers of maximum amounts allowable, or to 
make final offers will not be delegated except that the Commander USARCS 
may delegate this authority to USARCS Division Chiefs.
    (3) CPOs will provide copies of all delegations affecting them to 
the ACO and, if so directed, to command claims services.



Sec.  536.4  Designation of claims attorneys.

    (a) Who may designate. The Commander USARCS, the senior JA of a 
command having a command claims service, the chief of a command claims 
service, the head of an ACO, or the Chief Counsel of a COE District, may

[[Page 88]]

designate a qualified attorney other than a JA as a claims attorney. The 
head of an ACO may designate a claims attorney to act as a CPO with 
approval authority.
    (b) Eligibility. To qualify as a claims attorney, an individual must 
be a civilian employee of the Department of the Army (DA) or DOD, a 
member of the bar of a state, the District of Columbia, or a 
jurisdiction where U.S. federal law applies, serving in the grade of GS-
11 or above, and performing primary duties as a legal adviser.



Sec.  536.5  The Judge Advocate General.

    TJAG has worldwide Army Staff responsibility for administrative 
settlement of claims by and against the U.S. government, generated by 
employees of the U.S. Army and DOD components other than the Departments 
of the Navy and Air Force. Where the Army has single-service 
responsibility, TJAG has responsibility for the Army. See DODD 5515.9. 
Certain claims responsibilities of TJAG are exercised by The Assistant 
Judge Advocate General (TAJAG) as set forth in this part and directed by 
TJAG.



Sec.  536.6  The Army claims mission.

    (a) Promptly investigate potential claims incidents with a view to 
determining the degree of the Army's exposure to liability, the damage 
potential, and when the third party is at fault, whether the Army should 
take action to collect for medical expenses, lost wages and property 
damage.
    (b) Efficiently and expeditiously dispose of claims against the U.S. 
by fairly settling meritorious claims at the lowest level within the 
claims system commensurate with monetary jurisdiction delegated, or by 
denying non-meritorious claims.
    (c) Develop a system that has a high level of proficiency, so that 
litigation and appeals can be avoided or kept to a minimum.



Sec.  536.7  Responsibilities of the Commander USARCS.

    The Commander USARCS shall:
    (a) Supervise and inspect claims activities worldwide.
    (b) Formulate and implement claims policies and uniform standards 
for claims office operations.
    (c) Investigate, process and settle claims beyond field office 
monetary authority and consider appeals and requests for reconsideration 
on claims denied by the field offices.
    (d) Supervise the investigation, processing, and settlement of 
claims against, and in favor of, the United States under the statutes 
and regulations listed in Sec.  536.2 and pursuant to other appropriate 
statutes, regulations, and authorizations.
    (e) Designate ACOs, CPOs, and claims attorneys within DA and DOD 
components other than the Departments of the Navy and Air Force, subject 
to concurrence of the commander concerned.
    (f) Designate continental United States (CONUS) geographic areas of 
claims responsibility.
    (g) Recommend action to be taken by the SA, TJAG or the U.S. 
Attorney General, as appropriate, on claims in excess of $25,000 or the 
threshold amount then current under the FTCA, on claims in excess of 
$100,000 or the threshold amount then current under the FCA, the MCA, 
the NGCA, AMCSA, FCCA and FMRCA and on other claims that have been 
appealed. Direct communication with Department of Justice (DOJ) and the 
SA's designee is authorized.
    (h) Operate the ``receiving State office'' for claims arising in the 
United States, its territories, commonwealths and possessions cognizable 
under Article VIII of the North Atlantic Treaty Organization (NATO) 
Status of Forces Agreement (SOFA), Partnership for Peace (PFP) SOFA, 
Article XVI of the Singapore SOFA, and other SOFAs which have reciprocal 
claims provisions as delegated by TJAG, as implemented by 10 U.S.C. 
2734a and 2734b (subpart G of this part).
    (i) Settle claims of the U.S. Postal Service for reimbursement under 
39 U.S.C. 411 (see DOD Manual 4525.6-M).
    (j) Settle claims against carriers, warehouse firms, insurers, and 
other third parties for loss of, or damage to, personal property of DA 
or DOD soldiers or civilians incurred while the goods are in storage or 
in transit at

[[Page 89]]

government expense (AR 27-20, chapter 11).
    (k) Formulate and recommend legislation for Congressional enactment 
of new statutes and the amendment of existing statutes considered 
essential for the orderly and expeditious administrative settlement of 
noncontractual claims.
    (l) Perform post-settlement review of claims.
    (m) Prepare, justify, and defend estimates of budgetary requirements 
and administer the Army claims budget.
    (n) Maintain permanent records of claims for which TJAG is 
responsible.
    (o) Assist in developing disaster and maneuver claims plans designed 
to implement the responsibilities set forth in Sec.  536.9(a)(12).
    (p) Develop and maintain plans for a disaster or civil disturbance 
in those geographic areas that are not under the jurisdiction of an area 
claims authority and in which the Army has single-service responsibility 
or in which the Army is likely to be the predominant Armed Force.
    (q) Take initial action, as appropriate, on claims arising in 
emergency situations.
    (r) Provide assistance as available or take appropriate action to 
ensure that command claims services and ACOs are carrying out their 
responsibilities as set forth in Sec. Sec.  536.8 and 536.9, including 
claims assistance visits.
    (s) Serve as proponent for the database management systems for 
torts, personnel and affirmative claims and provide standard automated 
claims data management programs for worldwide use.
    (t) Ensure proper training of claims personnel.
    (u) Coordinate claims activities with the Air Force, Navy, Marine 
Corps, and other DOD agencies to ensure a consistent and efficient joint 
service claims program.
    (v) Investigate, process and settle, and supervise the field office 
investigation and processing of, medical malpractice claims arising in 
Army medical centers within the United States; provide medical claims 
judge advocates (MCJAs), medical claims attorneys, and medical claims 
investigators assigned to such medical centers with technical guidance 
and direction on such claims.
    (w) Coordinate support with the U.S. Army Medical Command (MEDCOM) 
on matters relating to medical malpractice claims.
    (x) Issue an accounting classification to all properly designated 
claims settlement and approval authorities.
    (y) Perform the investigation, processing, and settlement of claims 
arising in areas outside command claims service areas of operation.
    (z) Maintain continuous worldwide deployment and operational 
capability to furnish claims advice to any legal office or command 
throughout the world. When authorized by the chain of command or 
competent authority, issue such claims advice or services, including 
establishing a claims system within a foreign country, interpreting 
claims aspects of international agreements, and processing claims 
arising from Army involvement in civil disturbances, chemical accidents 
under the Chemical Energy Stockpile Program, other man-made or natural 
disasters, and other claims designated by competent authority.
    (aa) Upon receiving both the appropriate authority's directive or 
order and full fiscal authorization, disburse the funds necessary to 
administer civilian evacuation, relocation, and similar initial response 
efforts in response to a chemical disaster arising at an Army facility.
    (bb) Respond to all inquiries from the President, members of 
Congress, military officials, and the general public on claims within 
USARCS' responsibility.
    (cc) Serve as the proponent for this publication and DA Pam 27-162, 
both of which set forth guidance on personnel, tort, disaster and 
affirmative claims, as well as claims management and administration.
    (dd) Provide supervision for the Army's affirmative claims and 
carrier recovery programs, as well as other methods for recovering legal 
debts.
    (ee) Provide support for the overseas environmental claims program 
as designated by the DA.
    (ff) Execute other claims missions as designated by DOD, DA, TJAG 
and other competent authority.

[[Page 90]]

    (gg) Appoint Foreign Claims Commissions outside Command Claims 
Services' geographic areas of responsibility.
    (hh) Budget for and fund claims investigations and activities; such 
as per diem and transportation of claims personnel, claimants and 
witnesses; independent medical examinations; appraisals; independent 
expert opinions; long distance telephone calls; recording and 
photographic equipment; use of express mail or couriers; and other 
necessary expenses.



Sec.  536.8  Responsibilities and operations of command claims services.

    (a) Chiefs of command claims services. Chiefs of command claims 
services shall:
    (1) Exercise claims settlement authority as specified in this part, 
including appellate authority where so delegated.
    (2) Supervise the investigation, processing, and settlement of 
claims against, and in favor of the United States under the statutes and 
regulations listed in Sec.  536.2, and pursuant to other appropriate 
statutes, regulations, and authorizations.
    (3) Designate and grant claims settlement authority to ACOs. A grant 
of such authority will not be effective until coordinated with the 
Commander USARCS, and assigned an office code. However, the chief of a 
command claims service may redesignate a CPO that already has an 
assigned office code as an ACO without coordination with the Commander 
USARCS. The Commander USARCS will be informed of such a designation.
    (4) Designate and grant claims approval authority to CPOs. Only CPOs 
staffed with a claims judge advocate (CJA) or claims attorney may be 
granted approval authority. A grant of such authority will not be 
effective until coordinated with the Commander USARCS, and assigned an 
office code.
    (5) Train claims personnel and monitor their operations and ongoing 
claims administration. Conduct a training course annually.
    (6) Implement pertinent claims policies.
    (7) Prepare and publish command claims directives.
    (8) Administer the command claims expenditure allowance, providing 
necessary data, estimates, and reports to USARCS on a regular basis.
    (9) Perform the responsibilities of an ACO (see Sec.  536.9), as 
applicable, ensure that SOFA claims are investigated properly and timely 
filed with the receiving State and adequately funded.
    (10) Serve as the United States ``sending State office,'' if so 
designated, when operating in an area covered by a SOFA.
    (11) Supervise and provide technical assistance to subordinate ACOs 
within the command claims service's geographic area of responsibility.
    (12) Appoint FCCs.
    (b) Operations of command claims services. The SJA of the command 
shall supervise the command claims service. The command SJA may 
designate a field grade JA as the chief of the service. An adequate 
number of qualified claims personnel shall be assigned to ensure that 
claims are promptly investigated and acted upon. With the concurrence of 
the Commander USARCS, a command claims service may designate ACOs within 
its area of operations to carry out claims responsibilities within 
specified geographic areas subject to agreement by the commander 
concerned.



Sec.  536.9  Responsibilities and operations of area claims offices.

    (a) Heads of ACOs. Heads of ACOs, including COE offices (see Sec.  
536.3(e)(3)) shall:
    (1) Ensure that claims and potential claims incidents in their area 
of responsibility are promptly investigated in accordance with this 
part.
    (2) Ensure that each organization or activity (for example, U.S. 
Army Reserve (USAR) or Army National Guard of the United States (ARNGUS) 
unit, ROTC detachment, recruiting company or station, or DOD agency) 
within the area appoints a claims officer to investigate claims 
incidents not requiring investigation by a JA (see Sec.  536.23) and 
ensure that this officer is adequately trained.
    (3) Supervise the investigation, processing, and settlement of 
claims against, and in favor of, the United

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States under the statutes and regulations listed in Sec.  536.2 and 
pursuant to other appropriate statutes, regulations, and authorizations.
    (4) Act as a claims settlement authority on claims that fall within 
the appropriate monetary jurisdictions set forth in this part and 
forward claims exceeding such jurisdictions to the Commander USARCS, or 
to the chief of a command claims service, as appropriate, for action.
    (5) Designate CPOs and request that the Commander USARCS, or the 
chief of a command claims service, as appropriate, grant claims approval 
authority to a CPO for claims that fall within the jurisdiction of that 
office.
    (6) Supervise the operations of CPOs within their area.
    (7) Implement claims policies and guidance furnished by the 
Commander USARCS.
    (8) Ensure that there are adequate numbers of qualified and 
adequately trained CJAs or claims attorneys, RCJAs or attorneys, 
recovery claims clerks, claims examiners, claims adjudicators and claims 
clerks in all claims offices within their areas to act promptly on 
claims.
    (9) Budget for and fund claims investigations and activities, such 
as: per diem and transportation of claims personnel, claimants and 
witnesses; independent medical examinations; appraisals and independent 
expert opinions; long distance telephone calls; recording and 
photographic equipment; use of express mail or couriers; and other 
necessary expenses.
    (10) Within the United States and its territories, commonwealths and 
possessions, procure and disseminate, within their areas of 
jurisdiction, appropriate legal publications on state or territorial law 
and precedent relating to tort claims.
    (11) Notify the Commander USARCS, of all claims and potentially 
compensable events (PCEs) as required by Sec.  536.22(c); notify the 
chief of a command claims service of all claims and PCEs.
    (12) Develop and maintain written plans for a disaster or civil 
disturbance. These plans may be internal SJA office plans or an annex to 
an installation or an agency disaster response plan.
    (13) Implement the Army's Article 139 claims program. (See subpart I 
of this part).
    (14) Notify USARCS of possible deployments and ensure adequate FCCs 
are appointed by USARCS and are trained.
    (b) Operations of area claims offices. (1) The ACO is the principal 
office for the investigation and adjudication or settlement of claims, 
and shall be staffed with qualified legal personnel under the 
supervision of the SJA, command JA, or COE district or command legal 
counsel.
    (2) In addition to the utilization of unit claims officers required 
by Sec.  536.10(a), if indicated, the full-time responsibility for 
investigating and processing claims arising within or related to the 
activities of a unit or organization located within a section of the 
designated area may be delegated to another command, unit, or activity 
by establishing a CPO at the command, unit, or activity (see Sec.  
536.10(b)(4)). Normally, all CPOs will operate under the supervision of 
the ACO in whose area the CPO is located. Where a proposed CPO is not 
under the command of the ACO parent organization, this designation may 
be achieved by a support agreement or memorandum of understanding 
between the affected commands.
    (3) Normally, claims that cannot be settled by a COE ACO will be 
forwarded directly to the Commander USARCS, with notice of referral to 
the Chief Counsel, COE. However, as part of his or her responsibility 
for litigating suits that involve civil works and military construction 
activities, the Chief Counsel, COE, may require that a COE ACO forward 
claims through COE channels, provided that such requirement does not 
preclude the Commander USARCS from taking final action within the time 
limitations set forth in subparts D and H of this part.



Sec.  536.10  Responsibilities and operations of claims processing offices.

    (a) Heads of CPOs. Heads of CPOs will:

[[Page 92]]

    (1) Investigate all potential and actual claims arising within their 
assigned jurisdiction, on either an area, command, or agency basis. Only 
a CPO that has approval authority may adjudicate and pay presented 
claims within its monetary jurisdiction.
    (2) Ensure that units and organizations within their jurisdiction 
have appointed claims officers for the investigation of claims not 
requiring a JA's investigation. (See Sec.  536.22).
    (3) Budget for and fund claims investigations and activities; 
including, per diem and transportation of claims personnel, claimants 
and witnesses; independent medical examinations; appraisals; independent 
expert opinions; long distance telephone calls; recording and 
photographic equipment; use of express mail or couriers; and other 
necessary expenses.
    (4) Within CONUS, procure and maintain legal publications on local 
law relating to tort claims pertaining to their jurisdiction.
    (5) Notify the Commander USARCS of all claims and claims incidents, 
as required by Sec.  536.22 and AR 27-20, paragraph 2-12.
    (6) Implement the Army's Article 139 claims program (see subpart I 
of this part).
    (b) Operations of claims processing offices--(1) Claims processing 
office with approval authority. A CPO that has been granted approval 
authority must provide for the investigation of all potential and actual 
claims arising within its assigned jurisdiction, on an area, command, or 
agency basis, and for the adjudication and payment of all claims 
presented within its monetary jurisdiction. If the estimated value of a 
claim, after investigation, exceeds the CPO's payment authority, or if 
disapproval is the appropriate action, the claim file will be forwarded 
to the ACO unless otherwise specified in this part, or forwarded to 
USARCS or the command claims service, if directed by such service.
    (2) Claims processing offices without approval authority. A CPO that 
has not been granted claims approval authority will provide for the 
investigation of all potential and actual claims arising within its 
assigned jurisdiction on an area, command, or agency basis. Once the 
investigation has been completed, the claim file will be forwarded to 
the appropriate ACO for action. Alternatively, an ACO may direct the 
transfer of a claim investigation from a CPO without approval authority 
to another CPO with approval authority, located within the ACO's 
jurisdiction.
    (3) Medical claims processing offices. The MCJAs or medical claims 
attorneys at Army medical centers, other than Walter Reed Army Medical 
Center, may be designated by the SJA or head of the ACO for the 
installation on which the center is located as CPOs with approval 
authority for medical malpractice claims only. Claims for amounts 
exceeding a medical CPO's approval authority will be investigated and 
forwarded to the Commander USARCS.
    (4) Special claims processing offices--(i) Designation and 
authority. The Commander USARCS, the chief of a command claims service, 
or the head of an ACO may designate special CPOs within his or her 
command for specific, short-term purposes (for example, maneuvers, civil 
disturbances and emergencies). These special CPOs may be delegated the 
approval authority necessary to effect the purpose of their creation, 
but in no case will this delegation exceed the maximum monetary approval 
authority set forth in other subparts of this part for regular CPOs. All 
claims will be processed under the claims expenditure allowance and 
claims command and office code of the authority that established the 
office or under a code assigned by USARCS. The existence of any special 
CPO must be reported to the Commander USARCS, and the chief of a command 
claims service, as appropriate.
    (ii) Maneuver damage and claims office jurisdiction. A special CPO 
is the proper organization to process and approve maneuver damage 
claims, except when a foreign government is responsible for adjudication 
pursuant to an international agreement (see subpart G of this part). 
Personnel from the maneuvering command should be used to investigate 
claims and, at the ACO's discretion, may be assigned to the special CPO. 
The ACO will process claims filed after the maneuver terminates. The 
special CPO will investigate claims

[[Page 93]]

arising while units are traveling to or from the maneuver within the 
jurisdiction of other ACOs, and forward such claims for action to the 
ACO in whose area the claims arose. Claims for damage to real or 
personal property arising on private land that the Army has used under a 
permit may be paid from funds specifically budgeted by the maneuver for 
such purposes in accordance with AR 405-15.
    (iii) Disaster claims and civil disturbance. A special CPO provided 
for a disaster or civil disturbance should include a claims approving 
authority with adequate investigatory, administrative, and logistical 
support, including damage assessment and finance and accounting support. 
It will not be dispatched prior to notification of the Commander USARCS, 
whose concurrence must be obtained before the first claim is paid.
    (5) Supervisory requirements. The CPOs discussed in paragraphs 
(b)(2) through (b)(4) of this section must be supervised by an assigned 
CJA or claims attorney in order to exercise delegated approval 
authority.



Sec.  536.11  Chief of Engineers.

    The Chief of Engineers, through the Chief Counsel, shall:
    (a) Provide general supervision of the claims activities of COE 
ACOs.
    (b) Ensure that each COE ACO has a claims attorney designated in 
accordance with Sec.  536.4.
    (c) Ensure that claims personnel are adequately trained, and monitor 
their ongoing claims administration.
    (d) Implement pertinent claims policies.
    (e) Provide for sufficient funding in accordance with existing Army 
regulations and command directives for temporary duty (TDY), long 
distance telephone calls, recording equipment, cameras, and other 
expenses for investigating and processing claims.
    (f) Procure and maintain adequate legal publications on local law 
relating to claims arising within the United States, its territories, 
commonwealths and possessions.
    (g) Assist USARCS in evaluation of claims by furnishing qualified 
expert and technical advice from COE resources, on a non-reimbursable 
basis except for temporary duty (TDY) and specialized lab services 
expenses.



Sec.  536.12  Commanding General, U.S. Army Medical Command.

    (a) After consulting with the Commander USARCS on the selection of 
medical claims attorneys, the Commander of the U.S. Army MEDCOM, the 
European Medical Command, or other regional medical command, through his 
or her SJA/Center Judge Advocate, shall ensure that an adequate number 
of qualified MCJAs or medical claims attorneys and medical claims 
investigators are assigned to investigate and process medical 
malpractice claims arising at Army medical centers under the Commander's 
control. In accordance with an agreement between TJAG and The Surgeon 
General, such personnel shall be used primarily to investigate and 
process medical malpractice claims and affirmative claims and will be 
provided with the necessary funding and research materials to carry out 
this function.
    (b) Upon request of a claims judge advocate or claims officer, shall 
provide a qualified health care provider at a medical treatment facility 
(MTF) to examine a claimant for his injuries even if the claimant is not 
otherwise entitled to care at an MTF (See AR 40-400, Patient 
Administration, paragraph 3-47).



Sec.  536.13  Chief, National Guard Bureau.

    The Chief, National Guard Bureau (NGB), shall:
    (a) Ensure the designation of a point of contact for claims matters 
in each State Adjutant General's office.
    (b) Provide the name, address, and telephone number of these points 
of contact to the Commander USARCS.
    (c) Designate claims officers to investigate claims generated by 
ARNG personnel and forward investigations to the Active Army ACO that 
has jurisdiction over the area in which the claims incident occurred.



Sec.  536.14  Commanders of major Army commands.

    Commanders of MACOMs, through their SJAs, shall:
    (a) Assist USARCS in monitoring ACOs and CPOs under their respective

[[Page 94]]

commands for compliance with the responsibilities assigned in Sec. Sec.  
536.9 and 536.10.
    (b) Assist claims personnel in obtaining qualified expert and 
technical advice from command units and organizations on a 
nonreimbursable basis (although the requesting office may be required to 
provide TDY funding).
    (c) Assist TJAG, through the Commander USARCS, in implementing the 
functions set forth in Sec.  536.7.
    (d) Coordinate with the ACO within whose jurisdiction a maneuver is 
scheduled, to ensure the prompt investigation and settlement of any 
claims arising from it.



Sec.  536.15  Claims policies.

    (a) General. The following policies will be adhered to in processing 
and adjudicating claims falling within this regulation. The Commander 
USARCS is authorized to publish new policies or rescind existing 
policies from time to time as the need arises.
    (1) Notification. The Commander USARCS must be notified as soon as 
possible of both potential and actual claims which are serious incidents 
that cannot be settled within the monetary jurisdiction of a Command 
Claims Service or an ACO, including those which occur in the area of 
responsibility of a CPO. On such claims, the USARCS Area Action Officer 
(AAO) must coordinate with the field office as to all aspects of the 
investigation, evaluation and determination of liability. An offer of 
settlement or the assertion of an affirmative claim must be the result 
of a discussion between the AAO and the field office. Payment of a 
subrogated claim may commit the United States to liability as to larger 
claims. On the other hand, where all claims out of an incident can be 
paid within field authority they should be paid promptly with maximum 
use of small claims procedures.
    (2) Consideration under all subparts. Prior to denial, a claim will 
be considered under all subparts of this part, regardless of the form on 
which the claim is presented. A claim presented as a personnel claim 
will be considered as a tort prior to denial. A claim presented as a 
tort will first be considered as a personnel claim, and if not payable, 
then considered as a tort. If deniable, the claim will be denied both as 
a personnel claim and as a tort.
    (3) Compromise. DA policy seeks to compromise claims in a manner 
that represents a fair and equitable result to both the claimant and the 
United States. This policy does not extend to frivolous claims or claims 
lacking factual or legal merit. A claim should not be settled solely to 
avoid further processing time and expense. All claims, regardless of 
amount, should be evaluated. Congress imposed no minimum limit on 
payable claims nor did it intend that small non-meritous claims be paid. 
Practically any claim, regardless of amount, may be subject to 
compromise through direct negotiation. A CJA or claims attorney should 
develop expertise in assessing liability and damages, including small 
property damage claims. For example, a property damage claim may be 
compromised by deducting the cost of collection, i.e., attorney fees and 
costs, even where liability is certain.
    (4) Expeditious processing at the lowest level. Claims investigation 
and adjudication should be accomplished at the lowest possible level, 
such as the CPO or ACO that has monetary authority over the estimated 
total value of all claims arising from the incident. The expeditious 
investigation and settlement of claims is essential to successfully 
fulfilling the Army's responsibilities under the claims statutes 
implemented by this part.
    (5) Notice to claimants of technical errors in claim. When technical 
errors are found in a claim's filing or contents, claimants should be 
advised of such errors and the need to correct the claim. If the errors 
concern a jurisdictional matter, a record should be maintained and the 
claimant should be immediately warned that the error must be corrected 
before the statute of limitations (SOL) expires.
    (b) Cooperative investigative environment. Any person who indicates 
a desire to file a claim against the United States cognizable under one 
of the subparts of this part will be instructed concerning the procedure 
to follow. The claimant will be furnished claim forms and, when 
necessary, assisted in completing claim forms, and may be

[[Page 95]]

assisted in assembling evidence. Claims personnel may not assist any 
claimant in determining what amount to claim. During claims 
investigation, every effort should be made to create a cooperative 
environment that engenders the free exchange of information and 
evidence. The goal of obtaining sufficient information to make an 
objective and fair analysis should be paramount. Personal contact with 
claimants or their representatives is essential both during 
investigation and before adjudication. When settlement is not feasible, 
issues in dispute should be clearly identified to facilitate resolution 
of any reconsideration, appeal or litigation.
    (c) Claims directives and plans--(1) Directives. Two copies of 
command claims directives will be furnished to the Commander USARCS. ACO 
directives will be distributed to all DA and DOD commands, installations 
and activities within the ACO's area of responsibility, with an 
information copy to the Commander USARCS.
    (2) Disaster and civil preparedness plan. One copy of all ACOs' 
disaster or civil disturbance plans or annexes will be furnished to the 
Commander USARCS.
    (d) Interpretations. The Commander USARCS will publish written 
interpretations of this part. Interpretations will have the same force 
and effect as this part.
    (e) Authority to grant exceptions to and deviations from this part. 
If, in particular instances, it is considered to be in the best 
interests of the government, the Commander USARCS may authorize 
deviations from this part's specific requirements, except as to matters 
based on statutes, treaties and international agreements, executive 
orders, controlling directives of the Attorney General or Comptroller 
General, or other publications that have the force and effect of law.
    (f) Guidance. The Commander USARCS, may publish bulletins, manuals, 
handbooks and notes, and a DA Pamphlet that provides guidance to claims 
authorities on administrative and procedural rules implementing this 
part. These will be binding on all Army claims personnel.
    (g) Communication. All claims personnel are authorized to 
communicate directly with USARCS personnel for guidance on matters of 
policy or on matters relating to the implementation of this part.
    (h) Private relief bills. The issue of a private relief bill is one 
between a claimant and his or her Congressional representative. There is 
no established procedure under which the DA sponsors private relief 
legislation. Claims personnel shall remain neutral in all private relief 
matters and shall not make any statement that purports to reflect the 
DA's position on a private relief bill.



Sec.  536.16  Release of information policies.

    (a) Conflict of interest. Except as part of their official duties, 
government personnel are forbidden from advising or representing 
claimants or from receiving any payment or gratuity for services 
rendered. They may not accept any share or interest in a claim or assist 
in its presentation, under penalty of federal criminal law (18 U.S.C. 
203 and 205).
    (b) Release of information. (1) Relevant statutes pertinent to the 
release of information include the Privacy Act of 1974, 5 U.S.C. 552a 
and 552b, the Freedom of Information Act (FOIA), 5 U.S.C. 552 and the 
Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. 
1320d through 1320d-8.
    (2) It is the policy of USARCS that unclassified attorney work 
product may be released with or without a request from the claimant or 
attorney, whenever such release may help settle the claim or avoid 
unnecessary litigation.
    (3) A statutory exemption or privilege may not be waived. Similarly, 
documents subject to such statutorily required nondisclosure, exemption, 
or privilege may not be released. Regarding other exemptions and 
privileges, authorities may waive such exemptions or privileges and 
direct release of the protected documents, upon balancing all pertinent 
factors, including finding that release of protected records will not 
harm the government's interest, will promote settlement of a claim and 
will avoid unnecessary litigation, or for other good cause.

[[Page 96]]

    (4) All requests for records and information made pursuant to the 
FOIA, 5 U.S.C. 552, the Privacy Act of 1974, 5 U.S.C. 552a, or HIPAA, 42 
U.S.C. 1320d, will be processed in accordance with the procedures set 
forth in AR 25-55 and AR 340-21, respectively as well as 45 CFR Parts 
160 and 164, DODD 6025.18-R, this part, and DA Pam 27-162.
    (i) Any request for DOD records that either explicitly or implicitly 
cites the FOIA shall be processed under the provisions of AR 25-55. 
Requests for DOD records submitted by a claimant or claimant's attorney 
will be processed under both the FOIA and under the Privacy Act when the 
request is made by the subject of the records requested and those 
records are maintained in a system of records. Such requests will be 
processed under the FOIA time limits and the Privacy Act fee provisions. 
Withheld information must be exempt from disclosure under both Acts.
    (ii) Requests that cite both Acts or neither Act are processed under 
both Acts, using the FOIA time limits and the Privacy Act fee 
provisions. For further guidance, see AR 25-55, paragraphs 1-301 and 1-
503.
    (5) The following records may not be disclosed:
    (i) Medical quality assurance records exempt from disclosure 
pursuant to 10 U.S.C. 1102(a).
    (ii) Records exempt from disclosure pursuant to appropriate 
balancing tests under FOIA exemption (6) (clearly unwarranted invasion 
of personal privacy), exemption (7)(c) (reasonably constitutes 
unwarranted invasion of privacy), and law enforcement records (5 U.S.C. 
Sec.  552(b)) unless requested by the subject of the record.
    (iii) Records protected by the Privacy Act.
    (iv) Records exempt from disclosure pursuant to FOIA exemption (1) 
(National security) (5 U.S.C. 552(b)), unless such records have been 
properly declassified.
    (v) Records exempt from disclosure pursuant to the attorney-client 
privilege under FOIA exemption (5) (5 U.S.C. 552(b)), unless the client 
consents to the disclosure.
    (6) Records within a category for which withholding of the record is 
discretionary (AR 25-55, paragraph 3-101), such as exemptions under the 
deliberative process or attorney work product privileges (exemption (5) 
(5 U.S.C. 552(b)) may be released when there is no foreseeable harm to 
government interests in the judgment of the releasing authority.
    (7) When it is determined that exempt information should not be 
released, or a question as to its releaseability exists, forward the 
request and two copies of the responsive documents to the Commander 
USARCS. The Commander USARCS, acting on behalf of TJAG (the initial 
denial authority), may deny release of records processed under the FOIA 
only. The Commander USARCS, will forward to TJAG all such requests 
processed under both the FOIA and PA. TJAG is the denial authority for 
Privacy Act requests (AR 340-21, paragraph 1-7i).
    (c) Claims assistance. In the vicinity of a field exercise, maneuver 
or disaster, claims personnel may disseminate information on the right 
to present claims, procedures to be followed, and the names and location 
of claims officers and the COE repair teams. When the government of a 
foreign country in which U.S. Armed Forces are stationed has assumed 
responsibility for the settlement of certain claims against the United 
States, officials of that country will be furnished as much pertinent 
information and evidence as security considerations permit.



Sec.  536.17  Single-service claims responsibility
(DODD 5515.8 and DODD 5515.9).

    (a) Assignment for DOD claims. The army is responsible for 
processing DOD claims pursuant to DODD 5515.9 (posted on the USARCS Web 
site; for the address see Sec.  536.2(a)).
    (b) Statutes and agreements. DOD has assigned single-service 
responsibility for the settlement of certain claims in certain 
countries, pursuant to DODD 5515.8 (posted on the USARCS Web site; for 
the address see Sec.  536.2(a)) under the following statutes and 
agreements:
    (1) FCA (10 U.S.C. 2734);
    (2) MCA (10 U.S.C. 2733);
    (3) Status of Forces Agreements (10 U.S.C. 2734a and 2734b);
    (4) NATO SOFA (4 U.S.T. 1792, Treaties and International Acts Series

[[Page 97]]

(T.I.A.S.) 2846) and other similar agreements;
    (5) FCCA (31 U.S.C. 3711-3720E) and FMCRCA (42 U.S.C. 2651-2653);
    (6) Claims not cognizable under any other provision of law, 10 
U.S.C. 2737; and
    (7) Advance payments, 10 U.S.C. 2736.
    (c) Specified foreign countries. Responsibility for the settlement 
of claims cognizable under the laws listed above has been assigned to 
military departments pursuant to DODD 5515.8, as supplemented by 
executive agreement and other competent directives.
    (d) When claims responsibility has not been assigned. When necessary 
to implement contingency plans, the unified or specified commander with 
authority over the geographic area in question may, on an interim basis 
before receiving confirmation and approval from the General Counsel, 
DOD, assign single-service responsibility for processing claims in 
countries where such assignment has not already been made.

    Note to Sec.  536.17: See also Sec.  536.32 for information on 
transferring claims among armed services branches.



Sec.  536.18  Cross-servicing of claims.

    (a) Where claims responsibility has not been assigned. Claims 
cognizable under the FCA or the MCA that are generated by another 
military department within a foreign country for which single-service 
claims responsibility has not been assigned, may be settled by the Army 
upon request of the military department concerned. Conversely, Army 
claims may in appropriate cases be referred to another military 
department for settlement, DODD 5515.8, E1.2 (posted on the USARCS Web 
site; for the address see Sec.  536.2(a)). Tables listing claims offices 
worldwide are posted to the USARCS Web site at that address. U.S. Air 
Force claims offices may be identified by visiting the Web site at 
http://afmove.hq.af.mil/page_afclaims.asp.
    (b) Claims generated by the Coast Guard. Claims resulting from the 
activities of, or generated by, soldiers or civilian employees of the 
Coast Guard while it is operating as a service of the U.S. Department of 
Homeland Security may upon request be settled under this part by a 
foreign claims commission appointed as authorized herein, but they will 
be paid from Coast Guard appropriations, 10 U.S.C. 2734.
    (c) SOFA claims within the United States. Claims cognizable under 
the NATO PFP or Singaporean SOFAs arising out of the activities of 
aircraft within the United States may be investigated and adjudicated by 
the U.S. Air Force under a delegation from the Commander USARCS. Claims 
exceeding the delegated amount will be adjudicated by the USARCS.
    (d) Claims generated by the American Battle Monuments Commission. 
Claims arising out of the activities of or in cemeteries outside the 
United States managed by the American Battle Monuments Commission (36 
U.S.C. 2110) will be investigated and adjudicated by the U.S. Army.

    Note to Sec.  536.18: See also Sec.  536.32 for information on 
transferring claims among armed services branches.



Sec.  536.19  Disaster claims planning.

    All ACOs will prepare a disaster claims plan and furnish a copy to 
USARCS. See DA Pam 27-162, paragraph 1-21 for specific requirements 
related to disaster claims planning.



Sec.  536.20  Claims assistance visits.

    Members of USARCS and command claims services will make claims 
assistance visits to field offices on a periodic basis. See DA Pam 27-
162, paragraph 1-22 for specific requirements related to claims 
assistance visits.



Sec.  536.21  Annual claims award.

    The Commander USARCS will make an annual claims award to outstanding 
field offices. See DA Pam 27-162, para 1-23 for more information on 
annual claims awards.



            Subpart B_Investigation and Processing of Claims



Sec.  536.22  Claims investigative responsibility--General.

    (a) Scope. This subpart addresses the investigation, processing, 
evaluation, and settlement of tort and tort-related claims for and 
against the United States. The provisions of this subpart do not apply 
to personnel claims (AR 27-20, chapter 11), or to claims under

[[Page 98]]

subpart G of this part, Sec. Sec.  536.114 through 536.116.
    (b) Cooperation. Claims investigation requires team effort between 
the U.S. Army Claims Service (USARCS), command claims services, and area 
claims offices (ACOs) including U.S. Army Corps of Engineers (COE) 
District Offices, claims processing offices (CPOs), and unit claims 
officers. Essential to this effort is the immediate investigation of 
claims incidents. Prompt investigation depends on the timely reporting 
of claims incidents as well as continuous communication between all 
commands or echelons bearing claims responsibility.
    (c) Notification to USARCS. A CPO or an ACO receiving notice of a 
potentially compensable event (PCE) that requires investigation will 
immediately refer it to the appropriate claims office. The Commander 
USARCS will be notified of all major incidents involving serious injury 
or death or those in which property damage exceeds $50,000. A command 
claims service may delegate to an ACO the responsibility for advising 
USARCS of serious incidents and complying with mirror file requirements. 
A copy of the written delegation and any changes made thereafter will be 
forwarded to the Commander USARCS.
    (d) Geographic concept of responsibility. A command claims service 
or an ACO in whose geographic area a claims incident occurs is primarily 
responsible for initiating investigation and processing of any claim 
filed in the absence of a formal transfer of responsibility (see 
Sec. Sec.  536.30 through 536.36). DOD and Army organizations whose 
personnel are involved in the incident will cooperate with and assist 
the ACO, regardless of where the former may be located.

    Note to Sec.  536.22: See the parallel discussion at DA Pam 27-162, 
paragraph 2-1.



Sec.  536.23  Identifying claims incidents both for and against the
government.

    (a) Investigation is required when:
    (1) There is property loss or damage.
    (i) Property other than that belonging to the government is damaged, 
lost, or destroyed by an act or omission of a government employee or a 
member of North Atlantic Treaty Association (NATO), Australian or 
Singaporean forces stationed or on temporary duty within the United 
States.
    (ii) Property belonging to the government is damaged or lost by a 
tortious act or omission not covered by the report of survey system or 
by a carrier's bill of lading.
    (2) There is personal injury or death.
    (i) A civilian other than an employee of the U.S. government is 
injured or killed by an act or omission of a government employee or by a 
member of a NATO, Australian or Singaporean force stationed or on 
temporary duty within the United States. (This category includes 
patients injured during treatment by a health care provider).
    (ii) Service members, active or retired, family members of either, 
or U.S. employees, are injured or killed by a third party and receive 
medical care at government expense.
    (3) A claim is filed.
    (4) A competent authority or another armed service or federal agency 
requires investigation.
    (b) Determining who is a government employee is a matter of federal, 
not local, law. Categories of government employees usually accepted as 
tortfeasors under federal law are:
    (1) Military personnel (soldiers of the Army, or members of other 
services where the Army exercises single-service jurisdiction on foreign 
soil; and soldiers or employees within the United States who are members 
of NATO or of other foreign military forces with whom the United States 
has a reciprocal claims agreement and whose sending States have 
certified that they were acting within the scope of their duty) who are 
serving on full-time active duty in a pay status, including soldiers:
    (i) Assigned to units performing active or inactive duty.
    (ii) Serving on active duty as Reserve Officer Training Corps (ROTC) 
instructors.
    (iii) Serving as Army National Guard (ARNG) instructors or advisors.
    (iv) On duty or training with other federal agencies, for example: 
the National Aeronautics and Space Administration, the Department of 
State, the Navy, the Air Force, or DOD (federal agencies other than the 
armed service

[[Page 99]]

to which the Soldier is attached may also provide a remedy).
    (v) Assigned as students or ordered into training at a non-federal 
civilian educational institution, hospital, factory, or other facility 
(excluding soldiers on excess leave or those for whom the training 
institution or organization has assumed liability by written agreement).
    (vi) Serving on full-time duty at nonappropriated fund (NAF) 
activities.
    (vii) Of the United States Army Reserve (USAR) and ARNG on active 
duty under Title 10, U.S.C.
    (2) Military personnel who are United States Army Reserve soldiers 
including ROTC cadets who are Army Reserve soldiers while at annual 
training, during periods of active duty and inactive duty training.
    (3) Military personnel who are soldiers of the ARNG while engaged in 
training or duty under 32 U.S.C. 316, 502, 503, 504, 505, or engaged in 
properly authorized community action projects under the Federal Tort 
Claims Act (FTCA), the Non-Scope Claims Act (NSCA), or the National 
Guard Claims Act (NGCA), unless performing duties in furtherance of a 
mission for a state, commonwealth, territory or possession.
    (4) Civilian officials and employees of both the DOD and DA (there 
is no practical significance to the distinction between the terms 
``official'' and ``employee''), including but not limited to the 
following:
    (i) Civil service and other full-time employees of both the DOD and 
DA who are paid from appropriated funds.
    (ii) Persons providing direct health care services pursuant to 
personal service contracts under 10 U.S.C. 1089 or 1091 or where another 
person exercised control over the health care provider's day-to-day 
practice. When the conduct of a health care provider performing services 
under a personal service contract is implicated in a claim, the CJA, 
Medical Claims Judge Advocate (MCJA), or claims attorney should consult 
with USARCS to determine if that health care provider can be considered 
an employee for purposes of coverage.
    (iii) Employees of a NAF instrumentality (NAFI) if it is an 
instrumentality of the United States and thus a federal agency. To 
determine whether a NAFI is a ``federal agency,'' consider both whether 
it is an integral part of the Army charged with an essential DA 
operational function and also what degree of control and supervision DA 
personnel exercise over it. Members or users, unlike employees of NAFIs, 
are not considered government employees; the same is true of family 
child care providers. However, claims arising out of the use of some 
NAFI property or from the acts or omissions of family child care 
providers may be payable from such funds under subpart K of this part as 
a matter of policy, even when the user is not acting within the scope of 
employment and the claim is not otherwise cognizable under any of the 
other authorities described in this part.
    (5) Prisoners of war and interned enemy aliens.
    (6) Civilian employees of the District of Columbia ARNG, including 
those paid under ``service contracts'' from District of Columbia funds.
    (7) Civilians serving as ROTC instructors paid from federal funds.
    (8) ARNG technicians employed under 32 U.S.C. 709(a) for claims 
accruing on or after January 1, 1969 (Public Law 90-486, August 13, 1968 
(82 Stat. 755)), unless performing duties solely in pursuit of a mission 
for a state, commonwealth, territory or possession.
    (9) Persons acting in an official capacity for the DOD or DA either 
temporarily or permanently with or without compensation, including but 
not limited to the following:
    (i) Dollar-a-year personnel.
    (ii) Members of advisory committees, commissions, or boards.
    (iii) Volunteers serving in an official capacity in furtherance of 
the business of the United States, limited to those categories set forth 
in DA Pam 27-162, paragraph 2-45.

    Note to Sec.  536.23: See the parallel discussion at DA Pam 27-162, 
paragraph 2-2.



Sec.  536.24  Delegation of investigative responsibility.

    (a) Area Claims Office. An ACO is authorized to carry out its 
investigative responsibility as follows:
    (1) At the request of the area claims authority, commanders and 
heads of

[[Page 100]]

Army and DOD units, activities, or components will appoint a 
commissioned, warrant, or noncommissioned officer or a qualified 
civilian employee to investigate a claims incident in the manner set 
forth in DA Pam 27-162 and this part. An ACO will direct such 
investigation to the extent deemed necessary.
    (2) CPOs are responsible for investigating claims incidents arising 
out of the activities and operations of their command or agency. An ACO 
may assign area jurisdiction to a CPO after coordination with the 
appropriate commander to investigate claims incidents arising in the 
ACO's designated geographic area. (See Sec.  536.3(f).)
    (3) Claims incidents involving patients arising from treatment by a 
health care provider in an Army medical treatment facility (MTF), 
including providers defined in 536.23(b)(4)(ii), will be investigated by 
a claims judge advocate (CJA), medical claims judge advocate (MCJA), or 
claims attorney rather than by a unit claims officer.
    (4) An ACO will publish and distribute a claims directive to all DOD 
and Army installations and activities including active, Army Reserve, 
and ARNG units as well as units located on the post at which the ACO is 
located. The directive will outline each installations' and activities' 
claims responsibilities. It will institute a serious claims incident 
reporting system.
    (b) Command claims service responsibility. A command claims service 
is responsible for the investigation and processing of claims incidents 
arising in its geographic area of responsibility or for any incidents 
within the authority of any foreign claims commission (FCC) it appoints. 
This responsibility will be carried out by an ACO or a CPO to the extent 
possible. A command claims service will publish a claims directive 
outlining the geographic areas of claims investigative responsibilities 
of each of its installations and activities, requiring each ACO or CPO 
to report all serious claims incidents directly to the Commander USARCS.
    (c) USARCS responsibility. USARCS exercises technical supervision 
over all claims offices, providing guidance on specific cases throughout 
the claims process, including the method of investigation. Where 
indicated, USARCS may investigate a claims incident that normally falls 
within a command claims services', an ACO's, or a CPO's jurisdiction. 
USARCS typically acts through an area action officer (AAO) who is 
assigned as the primary point of contact with command claims services, 
ACOs or CPOs within a given geographic area. In areas outside the United 
States and its commonwealths, territories and possessions, where there 
is no command claims service or ACO, USARCS is responsible for 
investigation and for appointment of FCCs.

    Note to Sec.  536.24: See the parallel discussion at DA Pam 27-162, 
paragraph 2-3.



Sec.  536.25  Procedures for accepting claims.

    All ACOs and CPOs will institute procedures to ensure that potential 
claimants or attorneys speak to a CJA, claims attorney, investigator, or 
examiner. On initial contact, claims personnel will render assistance, 
discuss all aspects of the potential claim, and determine what statutes 
or procedures apply. Assistance will be furnished to the extent set 
forth in DA Pam 27-162, paragraph 2-4. To advise claimants on the 
correct remedy, claims personnel will familiarize themselves with the 
remedies listed in DA Pam 27-162, paragraphs 2-15 and 2-17.



Sec.  536.26  Identification of a proper claim.

    (a) A claim is a writing that contains a sum certain for each 
claimant and that is signed by each claimant, or by an authorized 
representative, who must furnish written authority to sign on a 
claimant's behalf. The writing must contain enough information to permit 
investigation. The writing must be received not later than two years 
from the date the claim accrues. A claim under the Foreign Claims Act 
(FCA) may be presented orally to either the United States or the 
government of the foreign country in which the incident occurred, within 
two years, provided that it is reduced to writing not later than three 
years from the date of accrual. A claim may be transmitted by facsimile 
or telegram. However, a copy of an original claim must be submitted as 
soon as possible.

[[Page 101]]

    (b) Where a claim is only for property damage and it is filed under 
circumstances where there might be injuries, the CJA should inquire if 
the claimant desires to split the claim as discussed in Sec.  536.60.
    (c) Normally, a claim will be presented on a Standard Form (SF) 95 
(Claim for Damage, Injury, or Death). When the claim is not presented on 
an SF 95, the claimant will be requested to complete an SF 95 to ease 
investigation and processing.
    (d) If a claim names two claimants and states only one sum certain, 
the claimants will be requested to furnish a sum certain for each. A 
separate sum certain must be obtained prior to payment under the Federal 
Tort Claims Act (FTCA), Military Claims Act (MCA), National Guard Claims 
Act (NGCA) or the FCA. The Financial Management Service will only pay an 
amount above the threshold amount of $2,500 for the FTCA, or $100,000 
for the other statutes.
    (e) A properly filed claim meeting the definition of ``claim'' in 
paragraph (a) of this section tolls the two-year statute of limitations 
(SOL) even though the documents required to substantiate the claim are 
not present, such as those listed on the back of an SF 95 or in the 
Attorney General's regulations implementing the FTCA, 28 CFR 14.1--
14.11. However, refusal to provide such documents may lead to dismissal 
of a subsequent suit under the FTCA or denial of a claim under other 
subparts of this part.
    (f) Receipt of a claim by another federal agency does not toll the 
SOL. Receipt of a U.S. Army claim by DOD, Navy, or Air Force does toll 
the SOL.
    (g) The guidelines set forth in federal FTCA case law will apply to 
other subparts of this part in determining whether a proper claim was 
filed.

    Note to Sec.  536.26: See the parallel discussion at DA Pam 27-162, 
paragraph 2-5.



Sec.  536.27  Identification of a proper claimant.

    The following are proper claimants:
    (a) Claims for property loss or damage. A claim may be presented by 
the owner of the property or by a duly authorized agent or legal 
representative in the owner's name. As used in this part, the term 
``owner'' includes the following:
    (1) For real property. The mortgagor, mortgagee, executor, 
administrator, or personal representative, if he or she may maintain a 
cause of action in the local courts involving a tort to the specific 
property, is a proper claimant. When notice of divided interests in real 
property is received, the claim should if feasible be treated as a 
single claim and a release from all interests must be obtained. This 
includes both the owner and tenant where both claim.
    (2) For personal property. A claim may be presented by a bailee, 
lessee, mortgagee, conditional vendor, or others holding title for 
purposes of security only, unless specifically prohibited by the 
applicable subpart. When notice of divided interests in personal 
property is received, the claim should if feasible be treated as a 
single claim; a release from all interests must be obtained. Property 
loss is defined as loss of actual tangible property, not consequential 
damage resulting from such loss.
    (b) Claims for personal injury or wrongful death--(1) For personal 
injury. A claim may be presented by the injured person or by a duly 
authorized agent or legal representative or, where the claimant is a 
minor, by a parent or a person in loco parentis. However, determine 
whether the claimant is a proper claimant under applicable state law or, 
if considered under the MCA, under Sec.  536.77. If not, the claimant 
should be so informed in the acknowledgment letter and requested to 
withdraw the claim. If not withdrawn, deny the claim without delay. An 
example is a claim filed on behalf of a minor for loss of consortium for 
injury to a parent where not permitted by state law. Personal injury 
claims deriving from the principal injury may be presented by other 
parties. A claim may not be presented by a ``volunteer,'' meaning one 
who has no legal or contractual obligation, yet voluntarily pays damages 
on behalf of an injured party and then seeks reimbursement for their 
economic damages by filing a claim. See paragraph (f) (3) of this 
section.
    (2) For wrongful death. A claim may be presented by the executor or 
administrator of the deceased's estate, or by any person determined to 
be legally or

[[Page 102]]

beneficially entitled under applicable local law. The amount allowed 
will be apportioned, to the extent practicable, among the beneficiaries 
in accordance with the law applicable to the incident. Under the MCA 
(subpart C of this part), only one wrongful death claim is authorized 
(see Sec.  536.77(c)(1)(i)). Under subparts D and H of this part, a 
claim by the insured for property damage may be considered as a claim by 
the insurer as the real party in interest provided the insured has been 
reimbursed by the insurer and the insurance information is listed on the 
SF 95. The insurer should be required to file a separate SF 95 for 
payment purposes even though the SOL has expired. Where the insurance 
information is not listed on the SF 95 and the insured is paid by the 
United States, the payment of the insurer is the responsibility of the 
insured even though the insurer subsequently files a timely claim. To 
avoid this situation, always inquire as to the status of any insurance 
prior to payment of a property damage claim.
    (c) By an agent or legal representative. A claimant's agent or legal 
representative who presents a claim will do so in the claimant's name 
and sign the form in such a way that indicates the agent's or legal 
representative's title or capacity. When a claim is presented by an 
agent or legal representative:
    (1) It must contain written evidence of the agent's or legal 
representative's authority to sign, such as a power of attorney, or
    (2) It must refer to or cite the statute granting authority.
    (d) Subrogation. A claim may be presented by the subrogee in his or 
her own name if authorized by the law of the place where the incident 
giving rise to the claim occurred, under subpart D or H of this part 
only. A lienholder is not a proper claimant and should be distinguished 
from a subrogee to avoid violation of the Antiassignment Act. See 
paragraph (f) of this section. However, liens arising under Medicare 
will be processed directly with the Center for Medicare and Medicaid 
Systems. See DA Pam 27-162, paragraphs 2-57g and h and 2-58.
    (e) Contribution or indemnity. A claim may be filed for contribution 
or indemnification by the party who was held liable as a joint 
tortfeasor where authorized by state law. Such a claim is not perfected 
until payment has been made by the claimant/joint tortfeasor. A claim 
filed for contribution prior to payment being made should be considered 
as an opportunity to share a settlement where the United States is 
liable.
    (f) Transfer or assignment. (1) Under the Antiassignment Act (31 
U.S.C. 3727) and Defense Finance and Accounting Service--Indianpolis 
(DFAS-IN) regulation 37-1, a transfer or assignment is null and void 
except where it occurs by operation of law or after a voucher for the 
payment has been issued. The following are null and void:
    (i) Every purported transfer or assignment of a claim against the 
United States, or any interest, in whole or in part, on a claim, whether 
absolute or conditional; and
    (ii) Every power of attorney or other purported authority to receive 
payment for all or part of any such claim.
    (2) The Antiassignment Act was enacted to eliminate multiple payment 
of claims, to cause the United States to deal only with original parties 
and to prevent persons of influence from purchasing claims against the 
United States.
    (3) In general, this statute prohibits voluntary assignments of 
claims, with the exception of transfers or assignments made by operation 
of law. The operation of law exception has been held to apply to claims 
passing to assignees because of bankruptcy proceedings, assignments for 
the benefit of creditors, corporate liquidations, consolidations, or 
reorganizations, and where title passes by operation of law to heirs or 
legatees. Subrogated claims that arise under a statute are not barred by 
the Antiassignment Act. For example, subrogated workers' compensation 
claims are cognizable when presented by the insurer under subpart D or H 
of this part, but not other subparts.
    (4) Subrogated claims that arise pursuant to contractual provisions 
may be paid to the subrogee, if the legal basis for the subrogated claim 
is recognized by state statute or case law, only under subpart D or H of 
this part. For example, an insurer that issues an insurance

[[Page 103]]

policy becomes subrogated to the rights of a claimant who receives 
payment of a property damage claim. Generally, such subrogated claims 
are authorized by state law and are therefore not barred by the 
Antiassignment Act.
    (5) Before claims are paid, it is necessary to determine whether 
there may be a valid subrogated claim under a federal or state statute 
or a subrogation contract held valid by state law.
    (g) Interdepartmental waiver rule. Neither the U.S. government nor 
any of its instrumentalities are proper claimants due to the 
interdepartmental waiver rule. This rule bars claims by any organization 
or activity of the Army, whether or not the organization or activity is 
funded with appropriated or nonappropriated funds. Certain federal 
agencies are authorized by statute to file claims, for example, Medicare 
and the Railroad Retirement Commission. See DA Pam 27-162, paragraph 2-
17f.
    (h) States are excluded. If a state, U.S. commonwealth, territory, 
or the District of Columbia maintains a unit to which ARNG personnel 
causing the injury or damage are assigned, such governmental entity is 
not a proper claimant for loss or damage to its property. A unit of 
local government other than a state, commonwealth, or territory is a 
proper claimant.

    Note to Sec.  536.27: See the parallel discussion at DA Pam 27-162, 
paragraph 2-6.



Sec.  536.28  Claims acknowledgment.

    Claims personnel will acknowledge all claims immediately upon 
receipt, in writing, by telephone, or in person. A defective claim will 
be acknowledged in writing, pointing out its defects. Where the defects 
render the submission jurisdictionally deficient based on the 
requirements discussed in DA Pam 27-162, paragraphs 2-5 and 2-6, the 
claimant or attorney will be informed in writing of the need to present 
a proper claim no later than two years from the date of accrual. Suit 
must be filed in maritime claims not later than two years from the date 
of accrual. See Sec.  536.122. In any claim for personal injury or 
wrongful death, an authorization signed by the patient, natural or legal 
guardian or estate representative will be obtained authorizing the use 
of medical information, including medical records, in order to use 
sources other than claims personnel to evaluate the claim as required by 
the Health Care Portability and Accountability Act (HIPAA), 42 U.S.C. 
1320d-1320d-8. See the parallel discussion at DA Pam 27-162, paragraph 
2-7.



Sec.  536.29  Revision of filed claims.

    (a) General. A revision or change of a previously filed claim may 
constitute an amendment or a new claim. Upon receipt, the CJA must 
determine whether a new claim has been filed. If so, the claim must be 
logged with a new number and acknowledged in accordance with Sec.  
536.27.
    (b) New claim. A new claim is filed whenever the writing alleges a 
new theory of liability, a new tortfeasor, a new party claimant, a 
different date or location for the claims incident, or other basic 
element that constitutes an allegation of a different tort not 
originally alleged. If the allegation is made verbally or by e-mail, the 
claimant will be informed in writing that a new SF 95 must be filed. A 
new claim must be filed not later than two years from the accrual date 
under the FTCA. Filing a new claim creates an additional six month 
period during which suit may not be filed.
    (c) Amendment. An increase or decrease in the amount claimed 
constitutes an amendment, not a new claim. Similarly, the addition of 
required information not on the original claim constitutes an amendment. 
Examples are date of birth, marital status, military status, names of 
witnesses, claimant's address, description, or location of property or 
insurance information. An amendment may be filed before or after the two 
year SOL has run unless final action has been taken. A new number will 
not be assigned to an amended claim; however, a change in the amount 
will be annotated in the database.

    Note to Sec.  536.29: See the parallel discussion at DA Pam 27-162, 
paragraph 2-8.



Sec.  536.30  Action upon receipt of claim.

    (a) A properly filed claim stops the running of the SOL when it is 
received by any organization or activity of the

[[Page 104]]

DOD or the U.S. Armed Services. Placing a claim in the mail does not 
constitute filing. The first Army claims office that receives the claim 
will date, time stamp, and initial the claim as of the date the claim 
was initially received ``on post,'' not by the claims office. If 
initially received close to the SOL's expiration date by an organization 
or activity that does not have a claims office, claims personnel will 
discover and record in the file the date of original receipt.
    (b) The ACO or CPO that first receives the claim will enter the 
claim into the Tort and Special Claims Application (TSCA) database and 
let the system assign a number to the claim. The claim, whether on an SF 
95 or in any other format, shall be scanned into a computer and uploaded 
onto the TSCA database so that it will become a permanent part of the 
electronic record. A joint claim will be given a number for each 
claimant, for example, husband and wife, injured parent and children. If 
only one sum is filed for all claimants, the same sum will be assigned 
for each claimant. However, request the claimant to name a sum for each 
claimant. The claim will bear this number throughout the claims process. 
Upon transfer, a new number will not be assigned by the receiving 
office. If a claim does not meet the definition of a proper claim under 
Sec. Sec.  536.26 and 536.27, it will be date stamped and logged as a 
Potentially Compensable Event (PCE).
    (c) The claim will be transferred if the claim incident arose in 
another ACO's geographic area; the receiving ACO will use the claims 
number originally assigned.
    (d) Non-Appropriated Fund Instrumentality (NAFI) claims that relate 
to claims determined cognizable under subpart K of this part will be 
marked with the symbol ``NAFI'' immediately following the claimant's 
name, to preclude erroneous payment from appropriated funds (APF). This 
symbol will also be included in the subject line of all correspondence.
    (e) Upon receipt, copies of the claims will be furnished as follows 
(when a current e-mail address is available and it is agreeable with the 
receiving party, providing copies by e-mail is acceptable):
    (1) To USARCS, if the amount claimed exceeds $25,000, or $50,000 per 
incident. However, if the claim arises under the FTCA or AMCSA, only 
furnish copies if the amount claimed exceeds $50,000, or $100,000 per 
incident.
    (2) For medical malpractice claims, to the appropriate MTF 
Commander/s through MEDCOM Headquarters, and to the Armed Forces 
Institute of Pathology at the addresses listed below.
    MEDCOM, ATTN: MCHO-CL-Q, 2050 Worth Road, Suite 26, Fort Sam 
Houston, TX 78234-5026.
    Department of Legal Medicine, Armed Forces Institute of Pathology, 
1335 E. West Highway, 6-100, Silver Spring, MD 20910-6254, Commercial: 
301-295-8115, e-mail: [email protected].
    (3) If the claim is against AAFES forward a copy to: HQ Army and Air 
Force Exchange Service (AAFES), ATTN: Office of the General Counsel (GC-
Z), P.O. Box 650062, Dallas, TX 75265-0062, e-mail: [email protected].
    (4) If the claim involves a NAFI, including a recreational user or 
family child care provider forward a copy to: Army Central Insurance 
Fund, ATTN: CFSC-FM-I, 4700 King Street, Alexandria, VA 22302-4406, e-
mail: [email protected].
    (f) ACOs or CPOs will furnish a copy of any medical or dental 
malpractice claim to the MTF or dental treatment facility commander and 
advise the commander of all subsequent actions. The commander will be 
assisted in his or her responsibility to complete DD Form 2526 (Case 
Abstract for Malpractice Claims).

    Note to Sec.  536.30: See the parallel discussion at DA Pam 27-162, 
paragraph 2-9.



Sec.  536.31  Opening claim files.

    A claim file will be opened when:
    (a) Information that requires investigation under Sec.  536.23 is 
received.
    (b) Records or other documents are requested by a potential claimant 
or legal representative.
    (c) A claim is filed.

    Note to Sec.  536.31: See the parallel discussion at DA Pam 27-162, 
paragraph 2-10.



Sec.  536.32  Transfer of claims among armed services branches.

    (a) Claims filed with the wrong federal agency, or claims that 
should be

[[Page 105]]

adjudicated by receiving State offices under NATO or other SOFA, will be 
immediately transferred to the proper agency together with notice of 
same to the claimant or legal representative. Where multiple federal 
agencies are involved, other agencies will be contacted and a lead 
agency established to take all actions on the claim. Where the DA is the 
lead agency, any final action will include other agencies. Similarly, 
where another agency is the lead agency, that agency will be requested 
to include DA in any final action. Such inclusion will prevent multiple 
dates for filing suit or appeal.
    (b) If another agency has taken denial action on a claim that 
involves the DA, without informing the DA, and in which the DA desires 
to make a payment, the denial action may be reconsidered by the DA not 
later than six months from the date of mailing and payment made 
thereafter.

    Note to Sec.  536.32: See also Sec. Sec.  536.17 and 536.18; AR 27-
20, paragraph 13-2; and the parallel and related discussion of this 
topic at DA Pam 27-162, paragraphs 1-19, 1-20, 2-13 and 13-2.



Sec.  536.33  Use of small claims procedures.

    Small claims procedures are authorized for use whenever a claim may 
be settled for $5,000 or less. These procedures are designed to save 
processing time and eliminate the need for most of the documentation 
otherwise required. These procedures are described in DA Pam 27-162, 
paragraphs 2-14 and 2-26.



Sec.  536.34  Determination of correct statute.

    (a) Consideration under more than one statute. When Congress enacted 
the various claims statutes, it intended to allow federal agencies to 
settle meritorious claims. A claim must be considered under other 
statutes in this part unless one particular statute precludes the use of 
other statutes, whether the claim is filed on DD Form 1842 (Claim for 
Loss of or Damage to Personal Property Incident to Service) or SF 95. 
Prior to denial of an AR 27-20, chapter 11 claim, consider whether it 
may fall within the scope of subparts C, D, or F of this part, and where 
indicated, question the claimant to determine whether the claim sounds 
in tort.
    (b) Exclusiveness of certain remedies. Certain remedies exclude all 
others. For example, the Court of Federal Claims has exclusive 
jurisdiction over U.S. Constitution Fifth Amendment takings, express or 
implied-in-fact, as well as governmental contract losses, or intangible 
property losses. Claims of this nature for $10,000 or less may be filed 
in a U.S. District Court. There is no administrative remedy. While the 
FTCA is the preemptive tort remedy in the United States, its 
commonwealths, territories and possessions, nevertheless, other remedies 
must be exhausted prior to favorable consideration under the FTCA. The 
FTCA does not preclude use of the MCA or the NGCA for claims arising out 
of noncombat activities or brought by soldiers for incident-to-service 
property losses sustained within the United States. See DA Pam 27-162, 
paragraphs 2-15a and b for a more detailed discussion of determining the 
correct statute for property claims versus personal injury and death 
claims. In addition, it is important to consider the nature of the 
claim, e.g., whether the claim may be medical malpractice in nature, 
related to postal matter, or an automobile accident. Discussions of 
these and many other different types of claims are also provided herein 
as well as in the corresponding paragraph 2-15 of DA Pam 27-162. It is 
also very important to consider when a claim may fall outside the 
jurisdiction of the Army claims system. Some of these instances are 
alluded to immediately above, but for a detailed discussion of related 
remedies see Sec.  536.36 of this part and paragraph 2-17 of DA Pam 27-
162.
    (c) Status of Forces Agreement claims. (1) Claims arising out of the 
performance of official duties in a foreign country where the United 
States is the sending State must be filed and processed under a SOFA, 
provided that the claimant is a proper party claimant under the SOFA. DA 
Pam 27-162, paragraph 2-15c sets forth the rules applicable in 
particular countries. A SOFA provides an exclusive remedy subject to 
waiver as set forth in Sec.  536.76(h) of this part.

[[Page 106]]

    (2) Single-service jurisdiction is established for all foreign 
countries in which a SOFA is in effect and for certain other countries. 
A list of these countries is posted on the USARCS Web site; for the 
address see Sec.  536.2(a). Claims will be processed by the service 
exercising single-service responsibility. In the United States, USARCS 
is the receiving State office and all SOFA claims should be forwarded 
immediately to USARCS for action. Appropriate investigation under 
subpart B of this part procedures is required of an ACO or a CPO under 
USARCS' direction.
    (d) Foreign Claims Act claims. (1) Claims by foreign inhabitants, 
arising in a foreign country, which are not cognizable under a SOFA, 
fall exclusively under the FCA. The determination as to whether a 
claimant is a foreign inhabitant is governed by the rules set out in 
subpart C and subpart J of this part. In case of doubt, this 
determination must be based on information obtained from the claimant 
and others, particularly where the claimant is a former U.S. service 
member or a U.S. citizen residing in a foreign country.
    (2) Tort claims will be processed by the armed service that 
exercises single-service responsibility. When requested, the Commander 
USARCS may furnish a Judge Advocate or civilian attorney to serve as a 
Foreign Claims Commission (FCC) for another service. With the 
concurrence of the Commander USARCS, Army JAs may be appointed as 
members of another department's foreign claims commissions. See subpart 
J of this part. The FCA permits compensation for damages caused by 
``out-of-scope'' tortious conduct of Soldier and civilian employees. 
Many of these claims are also compensable under Article 139, Uniform 
Code of Military Justice. See DA Pam 27-162, chap. 9. To avoid the 
double payment of claims, ACOs and CPOs must promptly notify the Command 
Claims Service of each approved Article 139 claim involving a claimant 
who could also file under an applicable SOFA.
    (e) National Guard Claims Act claims. (1) Claims attributed to the 
acts or omissions of ARNG personnel in the course of employment fall 
into the categories set forth in subpart F of this part.
    (2) An ACO will establish with a state claims office routine 
procedures for the disposition of claims, designed to ensure that the 
United States and state authorities do not issue conflicting 
instructions for processing claims. The procedures will require 
personnel to advise the claimant of any remedy against the state or its 
insurer.
    (i) Where the claim arises out of the act or omission of a member of 
the ARNG or a person employed under 32 U.S.C. 709, it must be determined 
whether the employee is acting on behalf of the state or the United 
States. For example, an ARNG pilot employed under section 709 may be 
flying on a state mission, federal mission, or both, on the same trip. 
This determination will control the disposition of the claim. If 
agreement with the concerned state cannot be reached and the claim is 
otherwise payable, efforts may be made to enter into a sharing agreement 
with the state concerned. The following procedures are required in the 
event there is a remedy against the state and the state refuses to pay 
or the state maintains insurance coverage and the claimant has filed an 
administrative claim against the United States. First, forward the file 
and the tort claim memorandum, including information on the status of 
any judicial or administrative action the claimant has taken against the 
state or its insurer to the Commander USARCS. Upon receipt, the 
Commander USARCS will determine whether to require the claimant to 
exhaust his or her remedy against the state or its insurer or whether 
the claim against the United States can be settled without requiring 
such exhaustion. If the Commander USARCS decides to follow the latter 
course of action, he or she will also determine whether to obtain an 
assignment of the claim against the state or its insurer and whether to 
initiate recovery action to obtain contribution or indemnification. The 
state or its insurer will be given appropriate notification in 
accordance with state law.
    (ii) If an administrative claim remedy exists under state law or the 
state maintains liability insurance, the Commander USARCS or an ACO 
acting

[[Page 107]]

upon the Commander USARCS' approval may enter into a sharing agreement 
covering payment of future claims. The purpose of such an agreement is 
to determine in advance whether the state or the DA is responsible for 
processing a claim (did the claim arise from a federal or state 
mission?), to expedite payment in meritorious claims, and to preclude 
double recovery by a claimant.
    (f) Third-party claims involving an independent contractor--(1) 
Generally. (i) Upon receipt, all claims will be examined to determine 
whether a contractor of the United States is the tortfeasor. If so, the 
claimant or legal representative will be notified of the name and 
address of the contractor and further advised that the United States is 
not responsible for the acts or omissions of an independent contractor. 
This will be done prior to any determination as to the contractor's 
degree of culpability as compared to that of the United States.
    (ii) If, upon investigation, the damage is considered to be 
primarily due to the contractor's fault or negligence, the claim will be 
referred to the contractor or the contractor's insurance carrier for 
settlement and the claimant will be so advised.
    (iii) Health care providers hired under personal services contracts 
under the provisions of 10 U.S.C. 1089 are not considered to be 
independent contractors but employees of the United States for tort 
claims purposes.
    (2) Claims for injury or death of contractor employees. Upon receipt 
of a claim for injury or death of a contractor employee, a copy of the 
portions of the contract applicable to claims and workers' compensation 
will be obtained, either through the contracting office or from the 
contractor. Claims personnel must find out the status of any claim for 
workers' compensation benefits as well as whether the United States paid 
the premiums. The goal is to involve the contractor in any settlement, 
where indicated, in the manner set forth in DA Pam 27-162, paragraphs 2-
15f and 2-61. In claims arising in foreign countries consider whether 
the claim is covered by the Defense Bases Act, 42 U.S.C. 1651-1654.
    (g) Claims by contractors for damage to or loss of their property 
during the performance of their contracts. Claims by contractors for 
property damage or loss should be referred to the contracting officer 
for determination as to whether the claim is payable under the contract. 
Such a claim is not payable under the FTCA where the damage results from 
an in-scope act or omission. Contract appeal procedures must be 
exhausted prior to consideration as a bailment under the MCA or FCA.
    (h) Maritime claims. Maritime torts are excluded from consideration 
under the FTCA. The various maritime statutes are exclusive remedies 
within the United States and its territorial waters. Maritime statutes 
include the Army Maritime Claims Settlement Act (AMCSA), 10 U.S.C. 4801, 
4802 and 4806, the Suits in Admiralty Act (SIAA), 46 U.S.C. app. 781-
790, the Public Vessels Act (PVA), 46 U.S.C. app. 781-790, and the 
Admiralty Extension Act (AEA), 46 U.S.C. app. 740. Within the U.S. and 
its territorial waters, maritime suits may be filed under the SIAA or 
the PVA without first filing an administrative claim, except where 
administrative filing is required by the AEA. Administrative claims may 
also be filed under the AMSCA. In any administrative claim brought under 
the AMCSA, all action must be completed not later than two years from 
its accrual date or the SOL will expire. Outside the United States, a 
maritime tort may be brought under the MCA or FCA as well as the AMCSA. 
The body of water on which it occurs must be navigable and a maritime 
nexus must exist. Once a maritime claim is identified, give the claimant 
written notice of the two-year filing requirement. In case of doubt, the 
ACO or CPO should discuss the matter with the appropriate AAO. Even when 
the claimant does not believe that a maritime claim is involved, provide 
the claimant with precautionary notice. See DA Pam 27-162, paragraphs 2-
7e and 8-6.
    (i) Postal claims. See also DA Pam 27-162, paragraphs 2-15i, 2-30 
and 2-56g discussing postal claims.
    (1) Claims by the U.S. Postal Service for funds and stock are 
adjudicated by USARCS with assistance from the Military Postal Service 
Agency and the

[[Page 108]]

ACO or CPO having jurisdiction over the particular Army post office, 
when directed by USARCS to assist in the investigation of the claim.
    (2) Claims for loss of registered and insured mail are processed 
under subpart C of this part by the ACO or CPO having jurisdiction over 
the particular Army post office.
    (3) Claims for loss of, or damage to, parcels delivered by United 
Parcel Service (UPS) are the responsibility of UPS.
    (j) Blast damage claims. After completing an investigation and prior 
to final action, all blast damage claims resulting from Army firing and 
demolition activities must be forwarded to the Commander USARCS for 
technical review. The sole exception to this rule is when a similar 
claim is filed citing the same time, place and type of damage as one 
which has already received technical review. See also DA Pam 27-162, 
paragraph 2-28.
    (k) Motor vehicle damage claims arising from the use of non-
governmental vehicles. See also Sec.  536.60 (splitting property damage 
and personal injury claims) and DA Pam 27-162, paragraphs 2-15k 
(determining the correct statute), 2-61 (joint tort feasors), and 2-62e 
(indemnity or contribution).
    (1) Government tortfeasors. A Soldier or U.S. government civilian 
employee who negligently damages his or her personal property while 
acting within the scope of employment is not a proper claimant for 
damage to that property.
    (2) Claims by lessors for damage to rental vehicles. Third-party 
claims arising from the use of rental vehicles will be processed in the 
same manner as NAFI commercially insured activities after exhaustion of 
any other remedy under the Government Travel Card Program or the Surface 
Deployment and Distribution Command Car Rental Agreement.
    (3) Third-party damages arising from the use of privately owned 
vehicles. Third-party tort claims arising within the United States from 
a Soldier's use of a privately owned vehicle (POV) while allegedly 
within the scope of employment must be forwarded to the Commander USARCS 
for review and consultation before final action. The claim will be 
investigated and any authorization for use ascertained including payment 
for mileage. A copy of the Soldier's POV insurance policy will be 
obtained prior to forwarding. If the DA is an additional insurer under 
applicable state law, the claim will be forwarded to the Soldier's 
liability carrier for payment. When the tort claim arises in a foreign 
country, follow the provisions of subpart J of this part.
    (l) Claims arising from gratuitous use of DOD or Army vehicles, 
equipment or facilities. (1) Before the commencement of any event that 
involves the use of DOD or Army land, vehicles, equipment or Army 
personnel for community activities, the Command involved should be 
advised to first determine and weigh the risk to potential third-party 
claimants against the benefits to the DOD or the Army. Where such risk 
is excessive, try to obtain an agreement from the sponsoring civilian 
organization holding the Army harmless. When feasible, third-party 
liability insurance may be required from the sponsor and the United 
States added to the policy as a third-party insured.
    (2) When Army equipment and personnel are used for debris removal 
relief pursuant to the Federal Disaster Relief Act, 42 U.S.C. 5173, the 
state is required to assume responsibility for third-party claims. The 
senior judge advocate for a task force engaged in such relief should 
obtain an agreement requiring the state to hold the Army harmless and 
establish a procedure for payment by the state. Claims will be received, 
entered into the TSCA database, investigated and forwarded to state 
authorities for action.
    (m) Real estate claims. Claims for rent, damage, or other payments 
involving the acquisition, use, possession or disposition of real 
property or interests therein, are generally payable under AR 405-15. 
These claims are handled by the Real Estate Claims Office in the 
appropriate COE District or a special office created for a deployment. 
Directorate of Real Estate, Office of the Chief of Engineers, has 
supervisory authority. Claims for damage to real property and incidental 
personal property, but not for rent (for example, claims arising during 
a maneuver or

[[Page 109]]

deployment) may be payable under subparts C or J of this part. However, 
priority should be given to the use of AR 405-15 as it is more flexible 
and expeditious. In contingency operations and deployments, there is a 
large potential for overlap between contractual property damage claims 
and noncombat activity/maneuver claims. Investigate carefully to ensure 
the claim is in the proper channel (claims or real estate), that it is 
fairly settled, and that the claimant does not receive a double payment. 
For additional guidance, see subpart J of this part and United States 
Army Claims Service Europe (USACSEUR) Real Estate/Office of the Judge 
Advocate Standard Operating Procedures for Processing Claims Involving 
Real Estate During Contingency Operations (August 20, 2002).
    (n) Claims generated by civil works projects. Civil works projects 
claims arising from tortious activities are defined by whether the 
negligent or wrongful act or omission arising from a project or activity 
is funded by a civil works appropriation. Civil works claims are those 
noncontractual claims which arise from a negligent or wrongful act or 
omission during the performance of a project or activity funded by civil 
works appropriations as distinguished from a project or activity funded 
by Army operation and maintenance funds. Civil works claims are paid out 
of civil works appropriations to the extent set forth in Sec.  
536.71(f). A civil works claim can also arise out of a noncombat 
activity, for example, an inverse condemnation claim in which flooding 
exceeds the high water mark. Maritime claims under subpart H of this 
part are civil works claims when they arise out of the operation of a 
dam, locks or navigational aid.

    Note to Sec.  536.34: See parallel discussion at DA Pam 27-162, 
paragraph 2-1.



Sec.  536.35  Unique issues related to environmental claims.

    Claims for property damage, personal injury, or death arising in the 
United States based on contamination by toxic substances found in the 
air or the ground must be reported by USARCS to the Environmental Law 
Division of the Army Litigation Center and the Environmental Torts 
Branch of DOJ. Such claims arising overseas must be reported to the 
Command Claims Service with geographical jurisdiction over the claim and 
USARCS. Claims for personal injury from contamination frequently arise 
at an area that is the subject of claims for cleanup of the 
contamination site. The cleanup claims involve other Army agencies, use 
of separate funds, and prolonged investigation. Administrative 
settlement is not usually feasible because settlement of property damage 
claims must cover all damages, including personal injury. Payment by 
Defense Environmental Rehabilitation Funds should be considered 
initially and any such payment should be deducted from any settlement 
under AR 27-20.



Sec.  536.36  Related remedies.

    An ACO or a CPO routinely receives claims or inquiries about claims 
that clearly are not cognizable under this part. It is the DA's policy 
that every effort be made to discover another remedy and inform the 
inquirer as to its nature. Claims personnel will familiarize themselves 
with the remedies set forth in DA Pam 27-162, paragraph 2-17, to carry 
out this policy. If no appropriate remedy can be discovered, forward the 
file to the Commander USARCS, with recommendations.



Sec.  536.37  Importance of the claims investigation.

    Prompt and thorough investigation will be conducted on all potential 
and actual claims for and against the government. Evidence developed 
during an investigation provides the basis for every subsequent step in 
the administrative settlement of a claim or in the pursuit of a lawsuit. 
Claims personnel must gather and record adverse as well as favorable 
information. The CJA, claims attorney or unit claims officer must 
preserve their legal and factual findings.



Sec.  536.38  Elements of the investigation.

    (a) The investigation is conducted to ascertain the facts of an 
incident. Which facts are relevant often depends on the law and 
regulations applicable to the conduct of the parties involved but 
generally the investigation should develop definitive answers to such

[[Page 110]]

questions as ``When?'' ``Where?'' ``Who?'' ``What?'' and ``How?''. 
Typically, the time, place, persons, and circumstances involved in an 
incident may be established by a simple report, but its cause and the 
resulting damage may require extensive effort to obtain all the 
pertinent facts.
    (b) The object of the investigation is to gather, with the least 
possible delay, the best available evidence without accumulating 
excessive evidence concerning any particular fact. The claimant is often 
an excellent source of such information and should be contacted early in 
the investigation, particularly when there is a question as to whether 
the claim was timely filed.



Sec.  536.39  Use of experts, consultants and appraisers.

    (a) ACOs or CPOs will budget operation and maintenance (O&M) funds 
for the costs of hiring property appraisers, accident 
reconstructionists, expert consultants to furnish opinions, and medical 
specialists to conduct independent medical examinations (IMEs). Other 
expenses to be provided for from O&M funds include the purchase of 
documents, such as medical records, and the hiring of mediators. See 
Sec.  536.53(b). Where the cost exceeds $750 or local funds are 
exhausted, a request for funding should be directed to the Commander 
USARCS, with appropriate justification. The USARCS AAO must be notified 
as soon as possible when an accident reconstruction is indicated.
    (b) Where the claim arises from treatment at an Army MTF, the MEDDAC 
commander should be requested to fund the cost of an independent 
consultant's opinion or an IME.
    (c) The use of outside consultants and appraisers should be limited 
to claims in which liability or damages cannot be determined otherwise 
and in which the use of such sources is economically feasible, for 
instance, where property damage is high in amount and not determinable 
by a government appraiser or where the extent of personal injury is 
serious and a government IME is neither available nor acceptable to a 
claimant. Prior to such an examination at an MTF, ensure that the 
necessary specialists are available and a prompt written report may be 
obtained.
    (d) Either an IME or an expert opinion is procured by means of a 
personal services contract under the Federal Acquisition Regulation 
(FAR), part 37, 48 CFR 37.000 et seq., through the local contracting 
office. The contract must be in effect prior to commencement of the 
records review. Payment is authorized only upon receipt of a written 
report responsive to the questions asked by the CJA or claims attorney.
    (e) Whenever a source other than claims personnel is used to assist 
in the evaluation of a claim in which medical information protected by 
HIPAA is involved, the source must sign an agreement designed to protect 
the patient's privacy rights.



Sec.  536.40  Conducting the investigation.

    (a) The methods and techniques for investigating specific categories 
of claims are set forth in DA Pam 27-162, paragraphs 2-25 through 2-34. 
The investigation of medical malpractice claims should be conducted by a 
CJA or claims attorney, using a medical claims investigator.
    (b) A properly filed claim must contain enough information to permit 
investigation. For example, if the claim does not specify the date, 
location or details of every incident complained of, the claimant or 
legal representative should be required to furnish the information.
    (c) Request the claimant or legal representative to specify a theory 
of liability. However, the investigation should not be limited to the 
theories specified, particularly where the claimant is unrepresented. 
All logical theories should be investigated.



Sec.  536.41  Determination of liability--generally.

    (a) Under the FTCA, the United States is liable in the same manner 
and to the same extent as a private individual under like circumstances 
in accordance with the law of the place where the act or omission giving 
rise to the tort occurred (28 U.S.C. 2673 and 2674). This means that 
liability must rest on the existence of a tort cognizable under state 
law, hereinafter referred to as a state tort. A finding of

[[Page 111]]

state tort liability requires the litigating attorney to prove the 
elements of duty, breach of duty, causation, and damages as interpreted 
by federal case law.
    (b) The foregoing principles and requirements will be followed in 
regard to tort claims against the United States under other subparts, 
with certain exceptions noted within the individual subparts or 
particular tort statutes.
    (c) Interpretation will be made in accordance with FTCA case law and 
also maritime case law where applicable. Additionally, a noncombat 
activity can furnish the basis for a claim under subparts C, F, and J of 
this part. Noncombat activities include claims arising out of civil 
works, such as inverse condemnation.
    (d) Federal, not state or local, law applies to a determination as 
to who is a federal employee or a member of the armed forces. Under all 
subparts, the designation ``federal employee'' excludes a contractor of 
the United States. See 28 U.S.C. 2671. See however, Sec.  
536.23(b)(4)(ii) concerning personal services contractors. For 
employment identification purposes apply FTCA case law in making a 
determination.
    (e) Federal, not state or local, law applies to an interpretation of 
the SOL under all subparts. Minority or incompetence does not toll the 
SOL. Case law developed under the FTCA will be used in other subparts in 
interpreting SOL questions.
    (f) Under the FTCA state or local law is used to determine scope of 
employment and under other subparts for guidance.



Sec.  536.42  Constitutional torts.

    A claim for violation of the U.S. Constitution does not constitute a 
state tort and is not cognizable under any subpart. A constitutional 
claim will be scrutinized in order to determine whether it is totally or 
partially payable as a state tort. For example, a Fifth Amendment taking 
may be payable in an altered form as a real estate claim. For further 
discussion see DA Pam 27-162, paragraph 2-36.



Sec.  536.43  Incident to service.

    (a) A member of the armed forces' claim for personal injury or 
wrongful death arising incident to service is not payable under any 
subpart except to the extent permitted by the receiving State under 
Sec. Sec.  536.114 through 536.116 (Claims arising overseas); however, a 
claim by a member of the United States Armed Forces for property loss or 
damage may be payable under AR 27-20, chapter 11 or, if not, under 
subparts C, E, F, or G of this part. Derivative claims and claims for 
indemnity are also excluded.
    (b) Claims for personal injury or wrongful death by members of a 
foreign military force participating in a joint military exercise or 
operation arising incident to service are not payable under any subpart. 
Claims for property loss or damage, but not subrogated claims, may be 
payable under subpart C of this part. Derivative claims and claims for 
indemnity or contribution are not payable under any subpart.

    Note to Sec.  536.43: For further discussion see DA Pam 27-162, 
paragraph 2-37.



Sec.  536.44  FECA and LSHWCA claims exclusions.

    A federal or NAFI employee's personal injury or wrongful death claim 
payable under the Federal Employees Compensation Act (FECA) or the 
Longshore and Harbor Workers Compensation Act (LSHWCA) is not payable 
under any subpart. Derivative claims are also excluded but a claim for 
indemnity may be payable under certain circumstances. A federal or NAFI 
employee's claim for an incident-to-service property loss or damage may 
be payable under AR 27-20, chapter 11 or, if not, under subparts C, D, 
F, G, H or J of this part. For further discussion see DA Pam 27-162, 
paragraph 2-38.



Sec.  536.45  Statutory exceptions.

    This topic is more fully discussed in DA Pam 27-162, paragraph 2-39. 
The exclusions listed below are found at 28 U.S.C. 2680 and apply to 
subparts C, D, F, and H and Sec. Sec.  536.107 through 536.113 (Claims 
arising in the United States) of subpart G, except as noted therein, and 
not to subparts E, J or Sec. Sec.  536.107

[[Page 112]]

through 536.113 (Claims arising overseas) of subpart G of this part. A 
claim is not payable if it:
    (a) Is based upon an act or omission of an employee of the U.S. 
government, exercising due care, in the execution of a statute or 
regulation, whether or not such statute or regulation is valid. This 
exclusion does not apply to a noncombat activity claim.
    (b) Is based upon the exercise or performance or the failure to 
exercise or perform a discretionary function or duty on the part of a 
federal agency or an employee of the government, whether or not the 
discretion is abused. This exclusion does not apply to a noncombat 
activity claim.
    (c) Arises out of the loss, miscarriage, or negligent transmission 
of letters or postal matters. This exclusion is not applicable to 
registered or certified mail claims under subpart C of this part. See 
Sec.  536.34(i).
    (d) Arises in respect of the assessment or collection of any tax or 
customs duty, or the detention of any goods or merchandise by any 
customs or other law enforcement officer. See 28 U.S.C. 2680(c).
    (e) Is cognizable under the SIAA (46 U.S.C. app. 741-752), the PVA 
(46 U.S.C. app. 781-790), or the AEA (46 U.S.C. app. 740). This 
exclusion does not apply to subparts C, F, H or J of this part.
    (f) Arises out of an act or omission of any federal employee in 
administering the provisions of the Trading with the Enemy Act, 50 
U.S.C. app. 1-44.
    (g) Is for damage caused by the imposition or establishment of a 
quarantine by the United States.
    (h) Arises out of assault, battery, false imprisonment, false 
arrest, malicious prosecution, abuse of process, libel, slander, 
misrepresentation, deceit, or interference with contract rights, except 
for acts or omissions of investigation of law enforcement officers of 
the U.S. government with regard to assault, battery, false imprisonment, 
false arrest, abuse of process or malicious prosecution. This exclusion 
also does not apply to a health care provider as defined in 10 U.S.C. 
1089 and Sec.  536.80 of this part, under the conditions listed therein.
    (i) Arises from the fiscal operations of the U.S. Department of the 
Treasury or from the regulation of the monetary system.
    (j) Arises out of the combatant activities of U.S. military or naval 
forces, or the Coast Guard during time of war.
    (k) Arises in a foreign country. This exclusion does not apply to 
subparts C, E, F, H, J or Sec. Sec.  536.114 through 536.116 (Claims 
arising overseas) of subpart G of this part.
    (l) Arises from the activities of the Tennessee Valley Authority, 28 
U.S.C. 2680(l).
    (m) Arises from the activities of the Panama Canal Commission, 28 
U.S.C. 2680(m).
    (n) Arises from the activities of a federal land bank, a federal 
intermediate credit bank, or a bank for cooperatives, 28 U.S.C. 2680(n).

    Note to Sec.  536.45: This topic is more fully discussed in DA Pam 
27-162, paragraph 2-39.



Sec.  536.46  Other exclusions.

    (a) Statutory employer. A claim is not payable under any subpart if 
it is for personal injury or death of any contract employee for whom 
benefits are provided under any workers' compensation law, if the 
provisions of the workers' compensation insurance are retrospective and 
charge an allowable expense to a cost-type contract, or if precluded by 
state law. See Federal Tort Claims Handbook (FTCH), section II, D7 
(posted on the Web at https://www.jagcnet.army.mil/laawsxxi/cds.nsf. 
Select the link ``Claims'' under ``JAG Publications.'') The statutory 
employer exclusion also applies to claims that may be covered by the 
Defense Bases Act, 42 U.S.C. 1651-1654.
    (b) Flood exclusion. Within the United States a claim is not payable 
if it arises from damage caused by flood or flood waters associated with 
the construction or operation of a COE flood control project, 33 U.S.C. 
702(c). See DA Pam 27-162, paragraph 2-40.
    (c) ARNG property. A claim is not payable under any subpart if it is 
for damage to, or loss of, property of a state, commonwealth, territory, 
or the District of Columbia caused by ARNG personnel, engaged in 
training or duty under 32 U.S.C. 316, 502, 503, 504, or 505, who are 
assigned to a unit maintained

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by that state, commonwealth, territory, or the District of Columbia. See 
DA Pam 27-162, paragraph 2-41.
    (d) Federal Disaster Relief Act. Within the United States a claim is 
not payable if it is for damage to, or loss of, property or for personal 
injury or death arising out of debris removal by a federal agency or 
employee in carrying out the provisions of the Federal Disaster Relief 
Act, 42 U.S.C. 5173. See DA Pam 27-162, paragraph 2-42.
    (e) Non-justiciability doctrine. A claim is not payable under any 
subpart if it arises from activities that present a non-justiciable 
political question. See DA Pam 27-162, paragraph 2-43.
    (f) National Vaccine Act. (42 U.S.C. 300aa-1 through 300aa-7). A 
claim is not payable under any subpart if it arises from the 
administration of a vaccine unless the conditions listed in the National 
Vaccine Injury Compensation Program (42 U.S.C. 300aa-9 through 300aa-19) 
have been met. See DA Pam 27-162, paragraph 2-17c(6)(a).
    (g) Defense Mapping Agency. A claim is not payable under any subpart 
if it arises from inaccurate charting by the Defense Mapping Agency, 10 
U.S.C. 456. See FTCH section II, B4s (Web address at paragraph (a) of 
this section).
    (h) Quiet Title Act. Within the U.S., a claim is not payable if it 
falls under the Quiet Title Act 28 U.S.C. 2409a.
    (i) Defense Bases Act. A claim arising outside the United States is 
not payable if it is covered by the Defense Bases Act, 42 U.S.C. 1651-
1654.

    Note to Sec.  536.46: See parallel discussion at DA Pam 27-162, 
paragraphs 2-40 through 2-43.



Sec.  536.47  Statute of limitations.

    To be payable, a claim against the United States under any subpart, 
except Sec. Sec.  536.114 through 536.116 (Claims arising overseas), 
must be filed no later than two years from the date of accrual as 
determined by federal law. The accrual date is the date on which the 
claimant is aware of the injury and its cause. The claimant is not 
required to know of the negligent or wrongful nature of the act or 
omission giving rise to the claim. The date of filing is the date of 
receipt by the appropriate federal agency, not the date of mailing. See 
also Sec.  536.26(a) and parallel discussion at DA Pam 27-162, paragraph 
2-44.



Sec.  536.48  Federal employee requirement.

    To be payable, a claim under any subpart except subpart K of this 
part, Sec. Sec.  536.153 through 536.157 (Claims involving tortfeasors 
other than nonappropriated fund employees), must be based on the acts or 
omissions of a member of the armed forces, a member of a foreign 
military force within the United States with which the United States has 
a reciprocal claims agreement, or a federal civilian employee. This does 
not include a contractor of the United States. Apply federal case law 
for interpretation. See parallel discussion at DA Pam 27-162, paragraph 
2-46.



Sec.  536.49  Scope of employment requirement.

    To be payable, a claim must be based on acts or omissions of a 
member of the armed forces, a member of a foreign military force within 
the United States with which the United States has a reciprocal claims 
agreement, or a federal employee acting within the scope of employment, 
except for subparts E, J, or subpart K of this part, Sec. Sec.  536.153 
through 536.157 (Claims involving tortfeasors other than nonappropriated 
fund employees). A claim arising from noncombat activities must be based 
on the armed service's official activities. Excluded are claims based on 
vicarious liability or the holder theory in which the owner of the 
vehicle is responsible for any injury or damage regardless of who the 
operator was. See parallel discussion at DA Pam 27-162, paragraph 2-46.



Sec.  536.50  Determination of damages--applicable law.

    (a) The Federal Tort Claims Act. The whole law of the place where 
the incident giving rise to the claim occurred, including choice of law 
rules, is applicable. Therefore, the law of the place of injury or death 
does not necessarily apply. Where there is a conflict between local law 
and an express provision of the FTCA, the latter governs.
    (b) The Military Claims Act or National Guard Claims Act. See 
subparts C and F of this part. The law set forth in Sec.  536.80 applies 
only to claims accruing on or after September 1, 1995. The law of the

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place of the incident giving rise to the claim will apply to claims 
arising in the United States, its commonwealths, territories and 
possessions prior to September 1, 1995. The general principles of U.S. 
tort law will apply to property damage or loss claims arising outside 
the United States prior to September 1, 1995. Established principles of 
general maritime law will apply to injury or death claims arising 
outside the United States prior to September 1, 1995. See Moragne v. 
States Marine Lines, Inc., 398 U.S. 375 (1970) and federal case law. 
Where general maritime law provides no guidance, the general principles 
of U.S. tort law will apply.
    (c) The Foreign Claims Act. See subpart J of this part. The law of 
the place of occurrence applies to the resolution of claims. However, 
the law of damages set forth in Sec.  536.139 will serve as a guide.
    (d) The Army Maritime Claims Settlement Act. Maritime law applies.
    (e) Damages not payable. Under all subparts, property loss or damage 
refers to actual tangible property. Accordingly, consequential damages, 
including, but not limited to bail, interest (prejudgment or otherwise), 
or court costs are not payable. Costs of preparing, filing, and pursuing 
a claim, including expert witness fees, are not payable. The payment of 
punitive damages, that is, damages in addition to general and special 
damages that are otherwise payable, is prohibited. See DA Pam 27-162, 
paragraphs 2-56 and 3-4b.
    (f) Source of attorney's fees. Attorney's fees are taken from the 
settlement amount and not added thereto. They may not exceed 20 percent 
of the settlement amount under any subpart.

    Note to Sec.  536.50: For further discussion see DA Pam 27-162, 
paragraph 2-51.



Sec.  536.51  Collateral source rule.

    Where permitted by applicable state or maritime law, damages 
recovered from collateral sources are payable under subparts D and H, 
but not under subparts C, E, F, or J of this part. For further 
discussion see DA Pam 27-162, paragraph 2-57.



Sec.  536.52  Subrogation.

    Subrogation is the substitution of one person in place of another 
with regard to a claim, demand or right. It should not be confused with 
a lien, which is an obligation of the claimant. Applicable state law 
should be researched to determine the distinction between subrogation 
and a lien. Subrogation claims are payable under subparts D and H, but 
not under subparts C, E, F or J of this part. For further discussion see 
DA Pam 27-162, paragraph 2-58.



Sec.  536.53  Evaluation of claims--general rules and guidelines.

    (a) Before claims personnel evaluate a claim:
    (1) A claimant or claimant's legal representative will be furnished 
the opportunity to substantiate the claim by providing essential 
documentary evidence according to the claim's nature including, but not 
instead of, the following: Medical records and reports, witness 
statements, itemized bills and paid receipts, estimates, federal tax 
returns, W-2 forms or similar proof of loss of earnings, photographs, 
and reports of appraisals or investigation. If necessary, request 
permission, through the legal representative, to interview the claimant, 
the claimant's family, proposed witnesses and treating health care 
providers (HCPs). In a professional negligence claim, the claimant will 
submit an expert opinion when requested. State law concerning the 
requirement for an affidavit of merit should be cited.
    (2) When the claimant or the legal representative fails to respond 
in a timely manner to informal demands for documentary evidence, 
interviews, or an independent medical examination (IME), make a written 
request. Such written request provides notice to the claimant that 
failure to provide substantiating evidence will result in an evaluation 
of the claim based only on information currently in the file. When, 
despite the government's request, there is insufficient information in 
the file to permit evaluation, the claim will be denied for failure to 
document it. Failure to submit to an IME or sign an authorization to use 
medical information protected by HIPAA, for

[[Page 115]]

review or evaluation by a source other than claims personnel, are both 
grounds for denial for failure to document, provided such evaluation is 
essential to the determination of liability or damages. State a time 
limit, for example, 30 or 60 days, to furnish the substantiation or 
expert opinion required in a medical malpractice claim.
    (3) If, in exchange for complying with the government's request for 
the foregoing information, the claimant or the legal representative 
requests similar information from the file, the claimant may be provided 
such information and documentation as is releasable under the Federal 
Rules of Civil Procedure (FRCP). Additionally, work product may be 
released if such release will help settle the claim. See Sec.  536.18.
    (b) An evaluation should be viewed from the claimant's perspective. 
In other words, before denying a claim, first determine whether there is 
any reasonable basis for compromise. Certain jurisdictional issues and 
statutory bases may not be open for compromise. The incident to service 
and FECA exclusions are rarely subject to compromise, whereas the SOL is 
more subject to compromise. Factual and legal disputes are 
compromisable, frequently providing a basis for limiting damages, not 
necessarily grounds for denial. Where a precise issue of dispute is 
identified and is otherwise unresolvable, mediation by a disinterested 
qualified person, such as a federal judge, or foreign equivalent for 
claims arising under the FCA, should be obtained upon agreement with the 
claimant or the claimant's legal representative. Contributory negligence 
has given way to comparative negligence in most United States 
jurisdictions. In most foreign countries, comparative negligence is the 
rule of law.

    Note to Sec.  536.53: For further discussion see DA Pam 27-162, 
paragraph 2-59.



Sec.  536.54  Joint tortfeasors.

    When joint tortfeasors are liable, it is DA policy to pay only the 
fair share of a claim attributable to the fault of the United States 
rather than pay the claim in full and then bring suit against the joint 
tortfeasor for contribution. If payment from a joint tortfeasor is not 
forthcoming after the CJA's demand, the United States should settle for 
its fair share, provided the claimant is willing to hold the United 
States harmless. Where a joint tortfeasor's liability greatly outweighs 
that of the United States, the claim should be referred to the joint 
tortfeasor for action.



Sec.  536.55  Structured settlements.

    (a) The use of future periodic payments, including reversionary 
medical trusts, is encouraged to ensure that the injured party is 
adequately compensated and able to meet future needs.
    (1) It is necessary to ensure adequate care and compensation for a 
minor or other incompetent claimant or unemployed survivor over a period 
of years.
    (2) A medical trust is necessary to ensure the long-term 
availability of funds for anticipated future medical care, the cost of 
which is difficult to predict.
    (3) The injured party's life expectancy cannot be reasonably 
determined or is likely to be shortened.
    (b) Under subpart D of this part, structured settlements cannot be 
required but are encouraged in situations listed above or where state 
law permits them. In the case of a minor, every effort should be made to 
insure that the minor, and not the parents, receives the benefit of the 
settlement. Annuity payments at the age of majority should be 
considered. If rejected, a blocked bank account may be used.
    (c) It is the policy of the Department of Justice never to discuss 
the tax-free nature of a structured settlement.

    Note to Sec.  536.55: For further discussion, see DA Pam 27-162, 
paragraph 2-63.



Sec.  536.56  Negotiations--purpose and extent.

    It is DA policy to settle meritorious claims promptly and fairly 
through direct negotiation at the lowest possible level. The Army's 
negotiator should not admit liability as such is not necessary. However, 
the settlement should reflect diminished value where contributory 
negligence or other value-diminishing factors exist. The negotiator 
should be thoroughly familiar with all aspects of the case, including 
the claimant's background, the key witnesses, the anticipated testimony 
and

[[Page 116]]

the appearance of the scene. There is no substitute for the claims 
negotiator's personal study of, and participation in, the case before 
settlement negotiations begin. If settlement is not possible due to the 
divergence in the offers, refine the issues as much as possible in order 
to expedite any subsequent suit. Mediation should be used if the 
divergence is due to an issue of law affecting either liability or 
damages. For further discussion see DA Pam 27-162, paragraph 2-64.



Sec.  536.57  Who should negotiate.

    An AAO or, when delegated additional authority, an ACO or a CPO, has 
authority to settle claims in an amount exceeding the monetary authority 
delegated by regulation. It is DA policy to delegate USARCS authority, 
on a case-by-case basis, to an ACO or a CPO possessing the appropriate 
ability and experience. Only an attorney should negotiate with a 
claimant's attorney. Negotiations with unrepresented claimants may be 
conducted by a non-attorney, under the supervision of an attorney. For 
further discussion see DA Pam 27-162, paragraph 2-65.



Sec.  536.58  Settlement negotiations with unrepresented claimants.

    All aspects of the applicable law and procedure, except the amount 
to be claimed, should be explained to both potential and actual 
claimants. The negotiator will ensure that the claimant is aware of 
whether the negotiator is an attorney or a non-attorney, and that the 
negotiator represents the United States. As to claims within USARCS' 
monetary authority, the chronology and details of negotiations should be 
memorialized with a written record furnished to the claimant. The 
claimant should understand that it is not necessary to hire an attorney, 
but when an attorney is needed, the negotiator should recommend hiring 
one. In a claim where liability is not an issue, the claimant should be 
informed that if an attorney is retained, the claimant should attempt to 
negotiate an hourly fee for determination of damages only. For further 
discussion see DA Pam 27-162, paragraph 2-68.



Sec.  536.59  Settlement or approval authority.

    ``Settlement authority'' is a statutory term (10 U.S.C. 2735) 
meaning that officer authorized to approve, deny or compromise a claim, 
or make final action. ``Approval authority'' means the officer empowered 
to settle, pay or compromise a claim in full or in part, provided the 
claimant agrees. ``Final action authority'' means the officer empowered 
to deny or make a final offer on a claim. Determining the proper officer 
empowered to approve or make final action on a claim depends on the 
claims statute involved and any limitations that apply under that 
statute. DA Pam 27-162, paragraph 2-69, outlines how various authority 
is delegated among offices.



Sec.  536.60  Splitting property damage and personal injury claims.

    Normally, a claim will include all damages that accrue by reason of 
the incident. Where a claimant has a claim for property damage and 
personal injury arising from the same incident, the property damage 
claim may be paid, under certain circumstances, prior to the filing of 
the personal injury claim. The personal injury claim may be filed later 
provided it is filed within the applicable statute of limitations. When 
both property damage and personal injury arise from the same incident, 
the property damage claim may be paid to either the claimant or, under 
subparts D or H of this part, the insurer and the same claimant may 
receive a subsequent payment for personal injury. Only under subparts D 
or H of this part may the insurer receive subsequent payment for 
subrogated medical bills and lost earnings when the personal injury 
claim is settled. The primary purpose of settling an injured claimant's 
property damage claim before settling the personal injury claim is to 
pay the claimant for vehicle damage expeditiously and avoid costs 
associated with delay such as loss of use, loss of business, or storage 
charges. The Commander USARCS' approval must be obtained whenever the 
estimated value of any one claim exceeds $25,000, or the value of all 
claims, actual or potential, arising from the incident exceeds $50,000; 
however, if the

[[Page 117]]

claim arises under the FTCA or AMCSA, only if the amount claimed exceeds 
$50,000, or $100,000 per incident.



Sec.  536.61  Advance payments.

    (a) This section implements 10 U.S.C. 2736 (Act of September 8, 1961 
(75 Stat. 488)) as amended by Public Law 90-521 (82 Stat. 874); Public 
Law 98-564 (90 Stat. 2919); and Public Law 100-465 (102 Stat. 2005)). No 
new liability is created by 10 U.S.C. 2736, which merely permits partial 
advance payments, only under subparts C, F or J of this part, on claims 
not yet filed. See AR 27-20, paragraph 11-18 for information on 
emergency partial payments in personnel claims, which are not governed 
by 10 U.S.C. 2736.
    (b) The Judge Advocate General (TJAG) and the Assistant Judge 
Advocate General (TAJAG) may make advance payments in amounts not 
exceeding $100,000; the Commander USARCS, in amounts not exceeding 
$25,000, and the authorities designated in Sec. Sec.  536.786(4) and (5) 
and 536.101, in amounts not exceeding $10,000, subject to advance 
coordination with USARCS, if the estimated total value of the claim 
exceeds their monetary authority. Requests for advance payments in 
excess of $10,000 will be forwarded to USARCS for processing.
    (c) Under subpart J of this part, three-member foreign claims 
commissions may make advance payments under the FCA in amounts not 
exceeding $10,000, subject to advance coordination with USARCS if the 
estimated total value of the claim exceeds their monetary authority.
    (d) An advance payment, not exceeding $100,000, is authorized in the 
limited category of claims or potential claims considered meritorious 
under subparts C, F or J of this part, that result in immediate 
hardship. An advance payment is authorized only under the following 
circumstances:
    (1) The claim, or potential claim, must be determined to be 
cognizable and meritorious under the provisions of subparts C, F or J of 
this part.
    (2) An immediate need for food, clothing, shelter, medical or burial 
expenses, or other necessities exists.
    (3) The payee, so far as can be determined, would be a proper 
claimant, including an incapacitated claimant's spouse or next-of-kin.
    (4) The total damage sustained must exceed the amount of the advance 
payment.
    (5) A properly executed advance payment acceptance agreement has 
been obtained. This acceptance agreement must state that it does not 
constitute an admission of liability by the United States and that the 
amount paid shall be deducted from any subsequent award.
    (e) There is no statutory authority for making advance payments for 
claims payable under subparts D or H of this part.

    Note to Sec.  536.61: For further discussion see DA Pam 27-162, 
paragraph 2-71.



Sec.  536.62  Action memorandums.

    (a) When required. (1) All claims will be acted on prior to being 
closed except for those that are transferred. For claims on which suit 
is filed before final action, see Sec.  536.66. A settlement authority 
may deny or pay in full or in part any claim in a stated amount within 
his or her delegated authority. An approval authority may pay in full or 
in part, but may not deny, a claim in a stated amount within his or her 
delegated authority. If any one claim arising out of the same incident 
exceeds a settlement or approval authority's monetary jurisdiction, all 
claims from that incident will be forwarded to the authority having 
jurisdiction.
    (2) In any claim which must be supported by an expert opinion as to 
duty, negligence, causation or damages, an expert opinion must be 
submitted upon request. All opinions must meet the standards set forth 
in Federal Rule of Evidence 702.
    (3) An action memorandum is required for all final actions 
regardless of whether payment is made electronically. The memorandum 
will contain a sufficient rendition of the facts, law or damages to 
justify the action being taken. (A model action is posted on the USARCS 
Web site; for the address see Sec.  536.2(a).)
    (b) Memorandum of Opinion. Upon completion of the investigation, the

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ACO or CPO will prepare a memorandum of opinion in the format prescribed 
at DA Pam 27-162, when a claim is forwarded to USARCS for action. This 
requirement can be waived by the USARCS AAO.
    (c) Claim brought by a claims authority or superior. A claim filed 
by an approval or settlement authority or his or her superior officer in 
the chain of command or a family member of either will be investigated 
and forwarded for final action, without recommendation, to the next 
higher settlement authority (in an overseas area, this includes a 
command claims service) or to USARCS.

    Note to Sec.  536.62: For further discussion see DA Pam 27-162, 
paragraph 2-72.



Sec.  536.63  Settlement agreements.

    (a) When required. (1) A claimant's acceptance of an award 
constitutes full and final settlement and release of any and all claims 
against the United States and its employees, except as to payments made 
under Sec. Sec.  536.60 and 536.61. A settlement agreement is required 
prior to payment on all tort claims, whether the claim is paid in full 
or in part.
    (2) DA Form 1666 (Claims Settlement Agreement) may be used for 
payment of COE claims of $2,500 or less or all Army Central Insurance 
Fund and Army and Air Force Exchange Service claims.
    (3) DA Form 7500 (Tort Claim Payment Report) will be used for all 
payments from the Defense Finance and Accounting Service (DFAS), for 
example, FTCA claims of $2,500 or less, FCA and MCA claims of $100,000 
or less and all maritime claims regardless of amount.
    (4) Financial Management Service (FMS) Forms 194, 196 and 197 will 
be used for all payments from the Judgment Fund, for example, FTCA 
claims exceeding $2,500, MCA and FCA claims exceeding $100,000.
    (5) An alternative settlement agreement will be used when the 
claimant is represented by an attorney, or when any of the above 
settlement agreement forms are legally insufficient (such as when 
multiple interests are present, a hold harmless agreement is reached, or 
there is a structured settlement). For further discussion, see DA Pam 
27-162, paragraph 2-73c.
    (b) Unconditional settlement. The settlement agreement must be 
unconditional. The settlement agreement represents a meeting of the 
minds. Any changes to the agreement must be agreed upon by all parties. 
The return of a proffered settlement agreement with changes written 
thereon or on an accompanying document represents, in effect, a 
counteroffer and must be resolved. Even if the claimant signs the 
agreement and objects to its terms, either in writing or verbally, the 
settlement is defective and the objection must be resolved. Otherwise a 
final offer should be made.
    (c) Court approval--(1) When required. Court approval is required in 
a wrongful death claim, or where the claimant is a minor or incompetent. 
The claimant is responsible to obtain court approval in a jurisdiction 
that is locus of the act or omission giving rise to the claim or in 
which the claimant resides. The court must be a state or local court, 
including a probate court. If the claimant can show that court approval 
is not required under the law of the jurisdiction where the incident 
occurred or where the claimant resides, the citation of the statute will 
be provided and accompany the payment documents.
    (2) Attorney representation. If the claimant is a minor or 
incompetent, the claimant must be represented by a lawyer. If not 
already represented, the claimant should be informed that the 
requirement is mandatory unless state or local law expressly authorizes 
the parents or a person in loco parentis to settle the claim.
    (3) Costs. The cost of obtaining court approval will be factored 
into the amount of the settlement; however, the amount of the costs and 
other costs will not be written into the settlement, only the 20% 
limitation on attorney fees will be included.
    (4) Claims involving an estate or personal representative of an 
estate. On claims presented on behalf of a decedent's estate, the law of 
the state having jurisdiction should be reviewed to determine who may 
bring a claim on

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behalf of the estate, if court appointment of an estate representative 
is required, and if court approval of the settlement is required.
    (d) Signature requirements. (1) Except as noted in paragraphs (d)(2) 
through (d)(6) of this section, all settlement agreements will be signed 
individually by each claimant. A limited power of attorney signed by the 
claimant specifically stating the amount being accepted and authorizing 
an attorney at law or in fact to sign is acceptable when the claimant is 
unavailable to sign. The signatures of the administrator or executor of 
the estate, appointed by a court of competent jurisdiction or authorized 
by local law, are required. The signatures of all adult beneficiaries, 
acknowledging the settlement, should be obtained unless permission is 
given by Commander USARCS. Court approval must be obtained where 
required by state law. If not required by state law, the citation of the 
state statute will accompany the payment document. Additionally, all 
adult heirs will sign as acknowledging the settlement. In lieu thereof, 
where the adult heirs are not available, the estate representative will 
acknowledge that all heirs have been informed of the settlement.
    (2) Generally, only a court-appointed guardian of a minor's estate, 
or a person performing a similar function under court supervision, may 
execute a binding settlement agreement on a minor's claim. In the United 
States, the law of the state where the minor resides or is domiciled 
will determine the age of majority and the nature and type of court 
approval that is needed, if any. The age of majority is determined by 
the age at the time of settlement, not the date of filing.
    (3) For claims arising in foreign countries where the amount agreed 
upon does not exceed $2,500, the requirement to obtain a guardian may be 
eliminated. For settlements over $2,500, whether or not the claim arose 
in the United States, refer to applicable local law, including the law 
of the foreign country where the minor resides.
    (4) In claims where the claimant is an incompetent, and for whom a 
guardian has been appointed by a court of competent jurisdiction, the 
signature of the guardian must be obtained. In cases in which competence 
of the claimant appears doubtful, a written statement by the plaintiff's 
attorney and a member of the immediate family should be obtained.
    (5) Settlement agreements involving subrogated claims must be 
executed by a person authorized by the corporation or company to act in 
its behalf and accompanied by a document signed by a person authorized 
by the corporation or company to delegate execution authority.
    (6) If it is believed that the foregoing requirements are materially 
impeding settlement of the claim, bring the matter to the attention of 
the Commander USARCS for appropriate resolution.
    (e) Attorneys' fees and costs. (1) Attorneys' fees for all subparts 
in this part 536 fall under the American Rule and are payable only out 
of the up front cash in any settlement. Attorneys' fees will be stated 
separately in the settlement agreement as a sum not to exceed 20% of the 
award.
    (2) Costs are a matter to be determined solely between the attorney 
and the claimant and will not be set forth or otherwise enumerated in 
the settlement agreement.
    (f) Claims involving workers' compensation carriers. The settlement 
of a claim involving a claimant who has elected to receive workers' 
compensation benefits under local law may require the consent of the 
workers' compensation insurance carrier, and in certain jurisdictions, 
the state agency that has authority over workers' compensation awards. 
Accordingly, claims approval and settlement authorities should be aware 
of local requirements.
    (g) Claims involving multiple interests. Where two or more parties 
have an interest in the claim, obtain signatures on the settlement 
agreement from all parties. Examples are where both the subrogee and 
subrogor file a single claim for property damage, where both landlord 
and tenant file a claim for damage to real property, or when a POV is 
leased, both the lessor or lessee.
    (h) Claims involving structured settlements. All settlement 
agreements involving structured settlements will be prepared by the Tort 
Claims Division,

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USARCS, and approved by the Chief or Deputy Chief, Tort Claims Division.



Sec.  536.64  Final offers.

    (a) When claims personnel believe that a claim should be 
compromised, and after every reasonable effort has been made to settle 
at less than the amount claimed, a settlement authority will make a 
written final offer within his or her monetary jurisdiction or forward 
the claim to the authority having sufficient monetary jurisdiction, 
recommending a final offer under the applicable statute. The final offer 
notice will contain sufficient detail to outline each element of damages 
as well as discuss contributory negligence, the SOL or other reasons 
justifying a compromise offer. The offer letter should include language 
indicating that if the offer is not accepted within a named time period, 
for example, 30 or 60 days the offer is withdrawn and the claim is 
denied.
    (b) A final offer under subpart D of this part will notify the 
claimant of the right to sue, not later than six months from the 
notice's date of mailing, and of the right to request reconsideration. 
The procedures for processing a request for reconsideration are set 
forth in Sec.  536.89.
    (c) Under subparts C or F of this part, the notice will contain an 
appeal paragraph. A similar procedure will be followed in subparts E and 
H of this part. Subpart J of this part sets forth its own procedures for 
FCA final offers. The procedures for processing an appeal are set forth 
in Sec.  536.79 of this part. The letter must inform claimants of the 
following:
    (1) They must accept the offer within 60 days or appeal. The appeal 
should state a counteroffer.
    (2) The identity of the official who will act on the appeal, and the 
requirement that the appeal will be addressed to the settlement 
authority who last acted on the claim.
    (3) No form is prescribed for the appeal, but the notice of appeal 
must fully set forth the grounds for appeal or state that it is based on 
the record as it exists at the time of denial or final offer.
    (4) The appeal must be postmarked not later than 60 days after the 
date of mailing of the final notice of action. If the last day of the 
appeal period falls on a Saturday, Sunday, or legal holiday, as 
specified in Rule 6a of the Federal Rules of Civil Procedure, the 
following day will be considered the final day of the appeal period.
    (d) Where a claim for the same injury falls under both subparts C 
and D of this part (the MCA and the FTCA), and the denial or final offer 
applies equally to each such claim, the letter of notification must 
advise the claimant that any suit brought on any portion of the claim 
filed under the FTCA must be brought not later than six months from the 
date of mailing of the notice of final offer and any appeal under 
subpart C of this part must be made as stated in paragraph (c) of this 
section. Further, the claimant must be advised that if suit is brought, 
action on any appeal under subpart C of this part will be held in 
abeyance pending final determination of such suit.
    (e) Upon request, the settlement authority may extend the six-month 
reconsideration or 60-day appeal period provided good cause is shown. 
The claimant will be notified as to whether the request is granted under 
the FTCA and that the request precludes the filing of suit under the 
FTCA for 6 months. Only one reconsideration is authorized. Accordingly, 
that claimant should be informed of the need to make all submissions 
timely.

    Note to Sec.  536.64: For further discussion see DA Pam 27-162, 
paragraph 2-74.



Sec.  536.65  Denial notice.

    (a) Where there is no reasonable basis for compromise, a settlement 
authority will deny a claim within his or her monetary jurisdiction or 
forward the claim recommending denial to the settlement authority that 
has jurisdiction. The denial notice will contain instructions on the 
right to sue or request reconsideration. The notice will state the basis 
for denial. No admission of liability will be made. A notice to an 
unrepresented claimant should detail the basis for denial in lay 
language sufficient to permit an informed decision as to whether to 
request appeal or reconsideration. In the interest of deterring 
reconsideration, appeal or suit, a denial notice may be releasable under

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the Federal Rules of Civil Procedure or by the work product documents 
doctrine.
    (b) Regardless of the claim's nature or the statute under which it 
may be considered, letters denying claims on jurisdictional grounds that 
are valid, certain, and not easily overcome (and for this reason no 
detailed investigation as to the merits of the claim was conducted), 
must state that denial on such grounds is not to be construed as an 
opinion on the merits of the claim or an admission of liability. In 
medical malpractice claims, the denial should state that the file is 
being referred to U.S. Army Medical Command for review. If sufficient 
factual information exists to make a tentative ruling on the merits of 
the claim, liability may be expressly denied.

    Note to Sec.  536.65: See Sec.  536.53, on denying a claim for 
failure to substantiate. In addition, the procedures and rules in DA Pam 
27-162, paragraph 2-69, settlement and approval authority, apply equally 
to the denial of claims. See also DA Pam 27-162, paragraph 2-75.



Sec.  536.66  The ``Parker'' denial.

    (a) When suit is filed before final action is taken on a subpart D 
of this part claim, a denial letter will be issued only upon request of 
DOJ or the trial attorney. If suit is filed prematurely or in error, the 
claimant may be requested to withdraw the suit without prejudice. Such a 
request must be coordinated with the trial attorney.
    (b) Claimants who have filed companion claims should be notified 
that, due to suit being filed, no action can be taken pending the 
outcome of suit and they may file suit if they wish.

    Note to Sec.  536.66: For further discussion see DA Pam 27-162, 
paragraph 2-76.



Sec.  536.67  Mailing procedures.

    Thirty or sixty day letters seeking information from claimants, 
final offers and denial notices are time-sensitive as they require a 
claimant to take additional action within certain time limits. 
Accordingly, follow procedures to ensure that the date of mailing and 
receipt of a request for reconsideration are documented. Use certified 
mail with return receipt requested (or registered mail, if being sent to 
a foreign country other than by the military postal system) to mail such 
notices. Upon receipt, an appeal or request for reconsideration will be 
date-time stamped, logged in, and acknowledged as set forth in Sec.  
536.68.

    Note to Sec.  536.67: See also AR 27-20, paragraph 13-5, and DA Pam 
27-162, paragraph 2-77.



Sec.  536.68  Appeal or reconsideration.

    (a) An appeal or a request for reconsideration will be acknowledged 
in writing. A request for reconsideration under subpart D of this part 
invokes the six-month period during which suit cannot be filed, 28 CFR 
14.9(b). The acknowledgment letter will underscore this restriction.
    (b) Where the contents of the appeal or request for reconsideration 
indicate, additional investigation will be conducted and the original 
action changed if warranted. Except for subpart J of this part, which 
sets forth separate rules for FCCs, if the relief requested is not 
warranted the settlement authority will forward the claim to a higher 
settlement authority with a claims memorandum of opinion (see Sec.  
536.62) stating the reasons why the request is invalid.

    Note to Sec.  536.68: See also DA Pam 27-162, paragraph 2-78.



Sec.  536.69  Retention of file.

    After final action has been taken, the settlement authority will 
retain the file until at least one month after either the period of 
filing suit or the appeal has expired and until all data has been 
entered into the database. A paid claim file will be retained until 
final action has been taken on all other claims arising out of the same 
incident. If any single claim arising out of the same incident must be 
forwarded to higher authority for final action, all claims files for 
that incident will be forwarded at the same time. For further discussion 
see DA Pam 27-162, paragraph 2-79.



Sec.  536.70  Preparation and forwarding of payment vouchers.

    (a) An unrepresented claimant will be listed as the sole payee. 
Joint claimants will not be listed since settlement

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agreements must specify the amount payable to each claimant individually 
and each must be issued a separate check.
    (b) When a claimant is represented by an attorney, only one payment 
voucher will be issued with the claimant and the attorney as joint 
payees. The payment will be sent to the office of the claimant's 
attorney. The attorney of record, either an individual or firm 
designated by the claimant, will be the co-payee. If claimant has been 
represented by other attorneys in the same claim, such attorneys will 
not be listed as payees, even if they have a lien. Satisfaction of any 
such fee will be a matter between the claimant and such attorney. If 
payment is made by electronic transfer, the funds will be paid into the 
account of the claimant. However, if requested, the payment may be made 
into the attorney's escrow account provided the claimant has provided 
written authorization.
    (c) In a structured settlement the structured settlement broker will 
be the sole payee, who is authorized to issue checks for the amounts set 
forth in the settlement agreement. The up-front cash payment may be 
deposited into an escrow account established for the benefit of the 
claimant.
    (d) If a claimant is a minor or has been declared incompetent by a 
court or other authority authorized to do so, payment will be made to 
the court-appointed guardian of the minor or incompetent, at a financial 
institution approved by the court approving the settlement.
    (e) If the claimant is representing a deceased's estate on a 
wrongful death claim, or a survival action on behalf of the deceased, 
the payment will be made to the court-appointed representative of the 
estate. No payment will be made directly to the estate.

    Note to Sec.  536.70: See also Sec.  536.63 and DA Pam 27-162, 
paragraphs 2-73 and 2-81.



Sec.  536.71  Fund sources.

    (a) 31 U.S.C. 1304 sets forth the type and limits of claims payable 
out of the Judgment Fund. Only final payments that are not payable out 
of agency funds are allowable, per the Treasury Financial Manual, Volume 
I, Part 6, Chapter 3110, at Section 3115, September 2000. Threshold 
amounts for payment from the judgment fund vary according to the subpart 
and statutes under which a claim is processed. To determine the 
threshold amount for any given payment procedure one must arrive at a 
sum of all awards for all claims arising out of that incident, including 
derivative claims. A joint amount is not acceptable. A claim for injury 
to a spouse or a child is a separate claim from one for loss of 
consortium or services by a spouse or parent. The monetary limits of 
$2,500 set forth in subpart D and $100,000 set forth in subparts C, F or 
J of this part, apply to each separate claim.
    (b) A claim for $2,500 or less arising under subpart D or E, or 
under Sec. Sec.  536.107 through 536.113 of subpart G, is paid from the 
open claims allotment (see AR 27-20 paragraph 13-6 b(1)) or, if arising 
from a project funded by a civil works appropriation, from COE civil 
works funds. The Department of the Treasury pays any settlement 
exceeding $2,500 in its entirety, from the Judgment Fund. However, if a 
subpart G of this part, Sec. Sec.  536.107 through 536.113 claim is 
treated as a noncombat activity claim, payment is made as set forth in 
paragraph (c) of this section.
    (c) The first $100,000 for each claimant on a claim settled under 
subparts C, F or J of this part is paid from the open claims allotment. 
Any amount over $100,000 is paid out of the Judgment Fund.
    (d) If not over $500,000, a claim arising under subpart H of this 
part is paid from the open claims allotment or civil works project funds 
as appropriate. A claim exceeding $500,000 is paid entirely by a 
deficiency appropriation.
    (e) AAFES or NAFI claims are paid from nonappropriated funds, except 
when such claims are subject to apportionment between appropriated and 
nonappropriated funds. See DA Pam 27-162, paragraph 2-80h.
    (f) COE claims arising out of projects not funded out of civil works 
project funds are payable from the open claims allotment not to exceed 
$2,500 for subpart D claims and $100,000 for claims arising from 
subparts C, F or J of this part and from the Judgment Fund, over such 
amounts.


[[Page 123]]


    Note to Sec.  536.71: For further discussion see DA Pam 27-162, 
paragraph 2-80.



Sec.  536.72  Finality of settlement.

    A claimant's acceptance of an award, except for an advance payment 
or a split payment for property damage only, constitutes a release of 
the United States and its employees from all liability. Where 
applicable, a release should include the ARNG or the sending State. For 
further discussion see DA Pam 27-162, paragraph 2-82.



        Subpart C_Claims Cognizable Under the Military Claims Act



Sec.  536.73  Statutory authority for the Military Claims Act.

    The statutory authority for this subpart is contained in the Act of 
August 10, 1956 (70A Stat. 153, 10 U.S.C. 2733), commonly referred to as 
the Military Claims Act (MCA), as amended by 90-521, September 1968 (82 
Stat. 874); Public Law 90-522, September 1968 (82 Stat. 875); Public Law 
90-525, September 1968 (82 Stat. 877); Public Law 93-336, July 8, 1974 
(88 Stat. 291); Public Law 98-564, October 1984, (98 Stat. 2918); and 
Public Law 103-337, October 1994 (108 Stat. 2664).



Sec.  536.74  Scope for claims under the Military Claims Act.

    (a) The guidance set forth in this subpart applies worldwide and 
prescribes the substantive bases and special procedural requirements for 
the settlement of claims against the United States for death or personal 
injury, or damage to, or loss or destruction of, property:
    (1) Caused by military personnel or civilian employees (enumerated 
in Sec.  536.23(b)) acting within the scope of their employment, except 
for non-federalized Army National Guard soldiers as explained in subpart 
F of this part; or
    (2) Incident to the noncombat activities of the armed services (see 
AR 27-20, Glossary).
    (b) A tort claim arising in the United States, its commonwealths, 
territories, and possessions may be settled under this subpart if the 
Federal Tort Claims Act (FTCA) does not apply to the type of claim under 
consideration or if the claim arose incident to noncombat activities. 
For example, a claim by a service member for property loss or damage 
incident to service may be settled if the loss arises from a tort and is 
not payable under AR 27-20, Chapter 11.
    (c) A tort claim arising outside the United States may be settled 
under this subpart only if the claimant has been determined to be an 
inhabitant (normally a resident) of the United States at the time of the 
incident giving rise to the claim. See Sec.  536.136(b).



Sec.  536.75  Claims payable under the Military Claims Act.

    (a) General. Unless otherwise prescribed, a claim for personal 
injury, death, or damage to, or loss or destruction of, property is 
payable under this subpart when:
    (1) Caused by an act or omission of military personnel or civilian 
employees of the DA or DOD, acting within the scope of their employment, 
that is determined to be negligent or wrongful; or
    (2) Incident to the noncombat activities of the armed services.
    (b) Property. Property that may be the subject of claims for loss or 
damage under this subpart includes:
    (1) Real property used and occupied under lease (express, implied, 
or otherwise). See Sec.  536.34(m) and paragraph 2-15m of DA Pam 27-162.
    (2) Personal property bailed to the government under an agreement 
(express or implied), unless the owner has expressly assumed the risk of 
damage or loss.
    (3) Registered or insured mail in the DA's possession, even though 
the loss was caused by a criminal act.
    (4) Property of a member of the armed forces that is damaged or lost 
incident to service, if such a claim is not payable as a personnel claim 
under AR 27-20, chapter 11.
    (c) Maritime claims. Claims that arise on the high seas or within 
the territorial waters of a foreign country are payable unless settled 
under subpart H of this part.



Sec.  536.76  Claims not payable under the Military Claims Act.

    (a) Those resulting wholly from the claimant's or agent's negligent 
or

[[Page 124]]

wrongful act. (See Sec.  536.77(a)(1)(i) on contributory negligence.)
    (b) Claims arising from private or domestic obligations rather than 
from government transactions.
    (c) Claims based solely on compassionate grounds.
    (d) A claim for any item, the acquisition, possession, or 
transportation of which was in violation of DA directives, such as 
illegal war trophies.
    (e) Claims for rent, damage, or other payments involving the 
acquisition, use, possession or disposition of real property or 
interests therein by and for the Department of the Army (DA) or 
Department of Defense (DOD). See Sec.  536.34(m) and paragraph 2-15m of 
DA Pam 27-162.
    (f) Claims not in the best interests of the United States, contrary 
to public policy, or otherwise contrary to the basic intent of the 
governing statute (10 U.S.C. 2733); for example, claims for property 
damage or loss or personal injury or death of inhabitants of unfriendly 
foreign countries or individuals considered to be unfriendly to the 
United States. When a claim is considered not payable for the reasons 
stated in this section, it will be forwarded for appropriate action to 
the Commander USARCS, with the recommendations of the responsible claims 
office.
    (g) Claims presented by a national, or a corporation controlled by a 
national, of a country at war or engaged in armed conflict with the 
United States, or any country allied with such enemy country unless the 
appropriate settlement authority determines that the claimant is, and at 
the time of the incident was, friendly to the United States. A prisoner 
of war or an interned enemy alien is not excluded from bringing an 
otherwise payable claim for damage, loss, or destruction of personal 
property in the custody of the government.
    (h) A claim for damages or injury, which a receiving State should 
adjudicate and pay under an international agreement, unless a consistent 
and widespread alternative process of adjudicating and paying such 
claims has been established within the receiving State. See DA Pam 27-
162, paragraph 3-4a, for further discussion of the conditions of waiver.
    (i) Claims listed in Sec. Sec.  536.42, 536.43, 536.44, 536.45, and 
536.46 of this part, except for the exclusion listed in Sec.  536.45(k). 
Additionally, the exclusions in Sec.  536.45(a), (b), (e) and (k) do not 
apply to a claim arising incident to noncombat activities.
    (j) Claims based on strict or absolute liability and similar 
theories.
    (k) Claims payable under subparts D or J of this part, or under AR 
27-20, chapter 11.
    (l) Claims involving DA vehicles covered by insurance in accordance 
with requirements of a foreign country unless coverage is exceeded or 
the insurer is bankrupt. When an award is otherwise payable and an 
insurance settlement is not reasonably available, a field claims office 
should request permission from the Commander USARCS to pay the award, 
provided that an assignment of benefits is obtained.



Sec.  536.77  Applicable law for claims under the Military Claims Act.

    (a) General principles--(1) Tort claims excluding claims arising out 
of noncombat activities. (i) In determining liability, such claims will 
be evaluated under general principles of law applicable to a private 
individual in the majority of American jurisdictions, except where the 
doctrine of contributory negligence applies. The MCA requires that 
contributory negligence be interpreted and applied according to the law 
of the place of the occurrence, including foreign (local) law for claims 
arising in foreign countries (see 10 U.S.C. 2733(b)(4)).
    (ii) Claims are cognizable when based on those acts or omissions 
recognized as tortious by a majority of jurisdictions that require proof 
of duty, negligence, and proximate cause resulting in compensable injury 
or loss subject to the exclusions set forth at Sec.  536.76. Strict or 
absolute liability and similar theories are not grounds for liability 
under this subpart.
    (2) Tort claims arising out of noncombat activities. Claims arising 
out of noncombat activities under Sec. Sec.  536.75(a)(2) and (b) are 
not tort claims and require only proof of causation. However, the 
doctrine of contributory negligence will apply, to the extent set forth 
in 10

[[Page 125]]

U.S.C. 2733(b)(4) and paragraph (a)(1)(i) of this section.
    (3) Principles applicable to all subpart C claims. (i) 
Interpretation of meanings and construction of questions of law under 
the MCA will be determined in accordance with federal law. The 
formulation of binding interpretations is delegated to the Commander 
USARCS, provided that the statutory provisions of the MCA are followed.
    (ii) Scope of employment will be determined in accordance with 
federal law. Follow guidance from reported FTCA cases. The formulation 
of a binding interpretation is delegated to the Commander USARCS, 
provided the statutory provisions of the MCA are followed.
    (iii) The collateral source doctrine is not applicable.
    (iv) The United States will only be liable for the portion of loss 
or damage attributable to the fault of the United States or its 
employees. Joint and several liability is inapplicable.
    (v) No allowance will be made for court costs, bail, interest, 
inconvenience or expenses incurred in connection with the preparation 
and presentation of the claim.
    (vi) Punitive or exemplary damages are not payable.
    (vii) Claims for negligent infliction of emotional distress may only 
be entertained when the claimant suffered physical injury arising from 
the same incident as the claim for emotional distress, or the claimant 
is the immediate family member of an injured party/decedent, was in the 
zone of danger and manifests physical injury for the emotional distress. 
Claims for intentional infliction of emotional distress will be 
evaluated under general principles of American law as set forth in 
paragraph (a)(1)(i) of this section and will be considered as an element 
of damages under paragraph (b)(3)(ii) of this section. Claims for either 
negligent or intentional infliction of emotional distress are excluded 
when they arise out of assault, battery, false arrest, false 
imprisonment, malicious prosecution, abuse of process, libel, or 
slander, as defined in Sec.  536.45(h).
    (viii) In a claim for personal injury or wrongful death, the total 
award for non-economic damages to any direct victim and all persons, 
including those derivative to the claim, who claim injury by or through 
that victim will not exceed $500,000. However, separate claims for 
emotional distress considered under paragraph (b)(1) of this section are 
not subject to the $500,000 cap for the wrongful death claim as they are 
not included in the wrongful death claim; rather, each is a separate 
claim with its own $500,000 cap under paragraph (b)(3)(ii) of this 
section. Continuous or repeated exposure to substantially the same or 
similar harmful activity or conditions is treated as one incident for 
the purposes of determining the extent of liability. If the claim 
accrued prior to September 1, 1995, these limitations do not apply. Any 
such limitation in the law of the place of occurrence will apply.
    (b) Personal injury claims--(1) Eligible claimants. Only the 
following may claim:
    (i) Persons who suffer physical injuries or intentional emotional 
distress, but not subrogees (when claiming property loss or damage, 
medical expenses or lost earnings); see paragraph (a)(3)(iii) of this 
section.
    (ii) Spouses for loss of consortium, but not parent-child or child-
parent loss of consortium;
    (iii) Members of the immediate family who were in the zone of danger 
of the injured person as defined in paragraph (a)(3)(vii) of this 
section.
    (2) Economic damages. Elements of economic damage are limited to the 
following:
    (i) Past expenses, including medical, hospital and related expenses 
actually incurred. Nursing and similar services furnished gratuitously 
by a family member are compensable. Itemized bills or other suitable 
proof must be furnished. Expenses paid by, or recoverable from, 
insurance or other sources are not recoverable.
    (ii) Future medical, hospital, and related expenses. When requested, 
a medical examination is required.
    (iii) Past lost earnings as substantiated by documentation from both 
the employer and a physician.
    (iv) Loss of earning capacity and ability to perform services, as 
substantiated by acceptable medical proof. When requested, past federal 
income

[[Page 126]]

tax forms must be submitted for the previous five years and the injured 
person must undergo an independent medical examination (IME). Estimates 
of future losses must be discounted to present value at a discount rate 
of one to three percent after deducting for income taxes. When a medical 
trust providing for all future care is established, personal consumption 
may be deducted from future losses.
    (v) Compensation paid to a person for essential household services 
that the injured person can no longer provide for himself or herself. 
These costs are recoverable only to the extent that they neither have 
been paid by, nor are recoverable from, insurance.
    (3) Non-economic damages. Elements of non-economic damages are 
limited to the following:
    (i) Past and future conscious pain and suffering. This element is 
defined as physical discomfort and distress as well as mental and 
emotional trauma. Loss of enjoyment of life, whether or not it is 
discernible by the injured party, is compensable. The inability to 
perform daily activities that one performed prior to injury, such as 
recreational activities, is included in this element. Supportive medical 
records and statements by health care personnel and acquaintances are 
required. When requested, the claimant must submit to an interview.
    (ii) Emotional distress. Emotional distress under the conditions set 
forth in paragraph (a)(3)(vii) of this section.
    (iii) Physical disfigurement. This element is defined as impairment 
resulting from an injury to a person that causes diminishment of beauty 
or symmetry of appearance rendering the person unsightly, misshapen, 
imperfect, or deformed. A medical statement and photographs, documenting 
claimant's condition, may be required.
    (iv) Loss of consortium. This element is defined as conjugal 
fellowship of husband and wife and the right of each to the company, 
society, cooperation, and affection of the other in every conjugal 
relation.
    (c) Wrongful death claims. The law of the place of the incident 
giving rise to the claim will apply to claims arising in the United 
States, its commonwealths, territories or possessions.
    (1) Claimant. (i) Only one claim may be presented for a wrongful 
death. It shall be presented by the decedent's personal representative 
on behalf of all parties in interest. The personal representative must 
be appointed by a court of competent jurisdiction prior to any 
settlement and must agree to make distribution to the parties in 
interest under court jurisdiction, if required.
    (ii) Parties in interest are the surviving spouse, children, or 
dependent parents to the exclusion of all other parties. If there is no 
surviving spouse, children, or dependent parents, the next of kin will 
be considered a party or parties in interest. A dependent parent is one 
who meets the criteria set forth by the Internal Revenue Service to 
establish eligibility for a DOD identification card.
    (2) Economic loss. Elements of economic damages are limited to the 
following:
    (i) Loss of monetary support of a family member from the date of 
injury causing death until expiration of decedent's worklife expectancy. 
When requested, the previous five years federal income tax forms must be 
submitted. Estimates must be discounted to present value at one to three 
percent after deducting for taxes and personal consumption. Loss of 
retirement benefits is compensable and similarly discounted after 
deductions.
    (ii) Loss of ascertainable contributions, such as money or gifts to 
other than family member claimants as substantiated by documentation or 
statements from those concerned.
    (iii) Loss of services from date of injury to end of life expectancy 
of the decedent or the person reasonably expected to receive such 
services, whichever is shorter.
    (iv) Expenses as set forth in paragraph (b)(2)(i) of this section. 
In addition, burial expenses are allowable. Expenses paid by, or 
recoverable from, insurance or other sources are not recoverable.
    (3) Non-economic loss. Elements of damages are limited to the 
following:
    (i) Pre-death conscious pain and suffering.
    (ii) Loss of companionship, comfort, society, protection, and 
consortium

[[Page 127]]

suffered by a spouse for the death of a spouse, a child for the death of 
a parent, or a parent for the death of a child.
    (iii) Loss of training, guidance, education, and nurture suffered by 
a child under the age of 18 for the death of a parent, until the child 
becomes 18 years old.
    (iv) Claims for the survivors' emotional distress, mental anguish, 
grief, bereavement, and anxiety are not payable, in particular claims 
for intentional or negligent infliction of emotional distress to 
survivors arising out of the circumstances of a wrongful death are 
personal injury claims falling under Sec.  536.77(b)(3).
    (d) Property damage claims. The following provisions apply to all 
claims arising in the United States, its commonwealths, territories and 
possessions.
    (1) Such claims are limited to damage to, or loss of, tangible 
property and costs directly related thereto. Consequential damages are 
not included. (See Sec.  536.50(e) and DA Pam 27-162, paragraph 2-56a.)
    (2) Proper claimants are described in Sec.  536.27. Claims for 
subrogation are excluded. (See Sec.  536.27(e)). However, there is no 
requirement that the claimant use personal casualty insurance to 
mitigate the loss.
    (3) Allowable elements of damages and measure of proof (additions to 
these elements are permissible with concurrence of the Commander 
USARCS). These elements are discussed in detail in DA Pam 27-162, 
paragraph 2-54.
    (i) Damages to real property.
    (ii) Damage to or loss of personal property, or personal property 
that is not economically repairable.
    (iii) Loss of use.
    (iv) Towing and storage charges.
    (v) Loss of business or profits.
    (vi) Overhead.



Sec.  536.78  Settlement authority for claims under the Military Claims Act.

    (a) Authority of the Secretary of the Army. The Secretary of the 
Army, the Army General Counsel, as the Secretary's designee, or another 
designee of the Secretary of the Army may approve settlements in excess 
of $100,000.
    (b) Delegations of Authority. (1) Denials and final offers made 
under the delegations set forth herein are subject to appeal to the 
authorities specified in paragraph (d) of this section.
    (2) The Judge Advocate General (TJAG) and the Assistant Judge 
Advocate General (TAJAG) are delegated authority to pay up to $100,000 
in settlement of a claim and to disapprove a claim regardless of the 
amount claimed.
    (3) The Commander USARCS is delegated authority to pay up to $25,000 
in settlement of a claim and to disapprove or make a final offer in a 
claim regardless of the amount claimed.
    (4) The Judge Advocate (JA) or Staff Judge Advocate (SJA), subject 
to limitations that USARCS may impose, and chiefs of a command claims 
service are delegated authority to pay up to $25,000 in settlement, 
regardless of the amount claimed, and to disapprove or make a final 
offer in a claim presented in an amount not exceeding $25,000.
    (5) A head of an area claims office (ACO) is delegated authority to 
pay up to $25,000 in settlement of a claim, regardless of the amount 
claimed, and to disapprove or make a final offer in a claim presented in 
an amount not exceeding $25,000. A head of a claims processing office 
(CPO) with approval authority is delegated authority to approve, in full 
or in part, claims presented for $5,000 or less, and to pay claims 
regardless of the amount claimed, provided an award of $5,000 or less is 
accepted in full satisfaction of the claim.
    (6) Authority to further delegate payment authority is set forth in 
Sec.  536.3(g)(1) of this part. For further discussions also related to 
approval, settlement and payment authority see also paragraph 2-69 of DA 
Pam 27-162.
    (c) Settlement of multiple claims arising from a single incident. 
(1) Where a single act or incident gives rise to multiple claims 
cognizable under this subpart, and where one or more of these claims 
apparently cannot be settled within the monetary jurisdiction of the 
authority initially acting on them, no final offer will be made. All 
claims will

[[Page 128]]

be forwarded, along with a recommended disposition, to the authority who 
has monetary jurisdiction over the largest claim for a determination of 
liability. However, where each individual claim, including derivative 
claims, can be settled within the monetary authority initially acting on 
them, and none are subject to denial, all such claims may be settled 
even though the total amount exceeds the monetary jurisdiction of the 
approving or settlement authority.
    (2) If such authority determines that federal liability is 
established, he or she may return claims of lesser value to the field 
claims office for settlement within that office's jurisdiction. The 
field claims office must take care to avoid compromising the higher 
authority's discretion by conceding liability in claims of lesser 
amount.
    (d) Appeals. Denials or final offers on claims described as follows 
may be appealed to the official designated:
    (1) For claims presented in an amount over $100,000, final decisions 
on appeals will be made by the Secretary of the Army or designee.
    (2) For claims presented for $100,000 or less, and any denied claim, 
regardless of the amount claimed, in which the denial was based solely 
upon an incident-to-service bar, exclusionary language in a federal 
statute governing compensation of federal employees for job-related 
injuries (see Sec.  536.44), or untimely filing, TJAG or TAJAG will 
render final decisions on appeals, except that claims presented for 
$25,000 or less, and not acted upon by the Commander USARCS, are 
governed by paragraph (d)(3) of this section.
    (3) For claims presented for $25,000 or less, final decisions on 
appeals will be made by the Commander USARCS, his or her designee, or 
the chief of a command claims service when such claims are acted on by 
an ACO under such service's jurisdiction.
    (4) Sections 536.64, 536.65, and 536.66 of this part set forth the 
rules relating to the notification of appeal rights and processing.
    (e) Delegated authority. Authority delegated by this section will 
not be exercised unless the settlement or approval authority has been 
assigned an office code.



Sec.  536.79  Action on appeal under the Military Claims Act.

    (a) The appeal will be examined by the settlement authority who last 
acted on the claim, or his or her successor, to determine if the appeal 
complies with the requirements of this regulation. The settlement 
authority will also examine the claim file and decide whether additional 
investigation is required; ensure that all allegations or evidence 
presented by the claimant, agent, or attorney are documented; and ensure 
that all pertinent evidence is included. If claimants state that they 
appeal, but do not submit supporting materials within the 60-day appeal 
period or an approved extension thereof, these appeals will be 
determined on the record as it existed at the time of denial or final 
offer. Unless action under paragraph (b) of this section is taken, the 
claim and complete investigative file, including any additional 
investigation, and a tort claims memorandum will be forwarded to the 
appropriate appellate authority for necessary action on the appeal.
    (b) If the evidence in the file, including information submitted by 
the claimant with the appeal and that found by any necessary additional 
investigation, indicates that the appeal should be granted in whole or 
in part, the settlement authority who last acted on the claim, or his or 
her successor, will attempt to settle the claim. If a settlement cannot 
be reached, the appeal will be forwarded in accordance with paragraph 
(a) of this section.
    (c) As to an appeal that requires action by TJAG, TAJAG, or the 
Secretary of the Army or designee, the Commander USARCS may take the 
action in paragraph (b) of this section or forward the claim together 
with a recommendation for action. All matters submitted by the claimant 
will be forwarded and considered.
    (d) Since an appeal under this subpart is not an adversarial 
proceeding, no form of hearing is authorized. A request by the claimant 
for access to documentary evidence in the claim file to be used in 
considering the appeal will be granted unless law or regulation does not 
permit access.

[[Page 129]]

    (e) If the appellate authority upholds a final offer or authorizes 
an award on appeal from a denial of a claim, the notice of the appellate 
authority's action will inform the claimant that he or she must accept 
the award within 180 days of the date of mailing of the notice of the 
appellate authority's action or the award will be withdrawn, the claim 
will be deemed denied, and the file will be closed without future 
recourse.



Sec.  536.80  Payment of costs, settlements, and judgments related to
certain medical malpractice claims.

    (a) General. Costs, settlements, or judgments cognizable under 10 
U.S.C. 1089(f) for personal injury or death caused by any physician, 
dentist, nurse, pharmacist, paramedic, or other supporting personnel 
(including medical and dental technicians, nurse assistants, therapists, 
and Red Cross volunteers of the Army Medical Department (AMEDD), AMEDD 
personnel detailed for service with other than a federal department, 
agency, or instrumentality and direct contract personnel identified in 
the contract as federal employees), will be paid provided that:
    (1) The alleged negligent or wrongful actions or omissions occurred 
during the performance of medical, dental, or related health care 
functions (including clinical studies and investigations) while the 
medical or health care employee was acting within the scope of 
employment.
    (2) Such personnel furnish prompt notification and delivery of all 
process served or received and other documents, information, and 
assistance as requested.
    (3) Such personnel cooperate in the defense of the action on its 
merits.
    (b) Requests for contribution or indemnification. All requests for 
contribution or indemnification under this section should be forwarded 
to the Commander USARCS for action, following the procedures set forth 
in this subpart.



Sec.  536.81  Payment of costs, settlements, and judgments related to
certain legal malpractice claims.

    (a) General. Costs, settlements, and judgments cognizable under 10 
U.S.C. 1054(f) for damages for personal injury or loss of property 
caused by any attorney, paralegal, or other member of a legal staff will 
be paid if:
    (1) The alleged negligent or wrongful actions or omissions occurred 
during the provision or performance of legal services while the attorney 
or legal employee was acting within the scope of duties or employment;
    (2) Such personnel furnish prompt notification and delivery of all 
process served or received and other documents, information, and 
assistance as requested;
    (3) Such personnel cooperate in the defense of the action on the 
merits.
    (b) Requests for contribution or indemnification. All requests for 
contribution or indemnification under this section should be forwarded 
to the Commander USARCS, for action, following the procedures set forth 
in this subpart.



Sec.  536.82  Reopening an MCA claim after final action by a settlement
authority.

    (a) Original approval or settlement authority (including TAJAG, 
TJAG, Secretary of the Army, or the Secretary's designees). (1) An 
original settlement authority may reconsider the denial of, or final 
offer on, a claim brought under the MCA upon request of the claimant or 
the claimant's authorized agent. In the absence of such a request, the 
settlement authority may on his or her initiative reconsider a claim.
    (2) An original approval or settlement authority may reopen and 
correct action on an MCA claim previously settled in whole or in part 
(even if a settlement agreement has been executed) when it appears that 
the original action was incorrect in law or fact based on the evidence 
of record at the time of the action or subsequently received. For errors 
in fact, the new evidence must not have been discoverable at the time of 
final action by either the Army or the claimant through the exercise of 
reasonable diligence. Corrective action may also be taken when an error 
contrary to the parties' mutual understanding is discovered in the 
original action. If the settlement or approval authority determines that 
their original action was incorrect, they will modify the action and, if 
appropriate, make a supplemental payment. The basis for a

[[Page 130]]

change in action will be stated in a memorandum included in the file. 
For example, a claim was settled for $15,000, but the settlement 
agreement was typed to read ``$1,500'' and the error is not discovered 
until the file is being prepared for payment. If appropriate, a 
corrected payment will be made. A settlement authority who has reason to 
believe that a settlement was obtained by fraud on the part of the 
claimant or claimant's legal representative, will reopen action on that 
claim and, if the belief is substantiated, correct the action. The basis 
for correcting an action will be stated in a memorandum and included in 
the file.
    (b) A successor approval or settlement authority (including TAJAG, 
TJAG, Secretary of the Army, or the Secretary's designees)--(1) 
Reconsideration. A successor approval or settlement authority may 
reconsider the denial of, or final offer on, an MCA claim upon request 
of the claimant or the claimant's authorized agent only on the basis of 
fraud, substantial new evidence, errors in calculation, or mistake 
(misinterpretation) of law.
    (2) Settlement correction. A successor approval or settlement 
authority may reopen and correct a predecessor's action on a claim that 
was previously settled in whole or in part for the same reasons that an 
original authority may do so.
    (c) Time requirement for filing request for reconsideration. 
Requests postmarked more than five years from the date of mailing of 
final notice will be denied based on the doctrine of laches.
    (d) Finality of action. Action by the appropriate authority (either 
affirming the prior action or granting full or granting full or partial 
relief) is final under the provisions of 10 U.S.C. 2735. Action upon a 
request for reconsideration constitutes final administrative disposition 
of a claim. No further requests for reconsideration will be allowed 
except on the basis of fraud.



      Subpart D_Claims Cognizable Under the Federal Tort Claims Act



Sec.  536.83  Statutory authority for the Federal Tort Claims Act.

    The statutory authority for this subpart is the Federal Tort Claims 
Act (FTCA) (60 Stat. 842, 28 U.S.C. 2671-2680), as amended by Public Law 
89-506, July 1966 (80 Stat. 306); Public Law 93-253, March 1974 (88 
Stat. 50); Public Law 97-124, December 1981 (93 Stat. 1666); Public Law 
100-694, November 1988 (102 Stat. 4563-67); and Public Law 101-552, 
November 1996 (104 Stat. 734); and as implemented by the Attorney 
General's Regulations (28 CFR 14.1-14.11 and its appendix), all of which 
are posted on the USARCS Web site; for the address see Sec.  536.2(a).



Sec.  536.84  Scope for claims under the Federal Tort Claims Act.

    (a) General. This subpart applies in the United States, its 
commonwealths, territories and possessions (all hereinafter collectively 
referred to as United States or U.S.). It prescribes the substantive 
bases and special procedural requirements under the FTCA and the 
implementing Attorney General's regulations for the administrative 
settlement of claims against the United States based on death, personal 
injury, or damage to, or loss of, property caused by negligent or 
wrongful acts or omissions by the United States or its employees acting 
within the scope of their employment. If a conflict exists between this 
part and the Attorney General's regulations, the latter governs.
    (b) Effect of the Military Claims Act. A tort claim arising in the 
United States, its commonwealths, territories, and possessions may be 
settled under subpart C of this part if the Federal Tort Claims Act 
(FTCA) does not apply to the type of claim under consideration or if the 
claim arose incident to noncombat activities. If a claim is filed under 
both the FTCA and the Military Claims Act (MCA), or when both statutes 
apply equally, final action thereon will follow the procedures set forth 
in DA Pam 27-162, paragraphs 2-74 through 2-76, discussing final offers 
and denial letters.



Sec.  536.85  Claims payable under the Federal Tort Claims Act.

    (a) Unless otherwise prescribed, claims for death, personal injury, 
or damage to, or loss of, property (real or personal) are payable under 
this subpart when the injury or damage is

[[Page 131]]

caused by negligent or wrongful acts or omissions of military personnel 
or civilian employees of the Department of the Army or Department of 
Defense while acting within the scope of their employment under 
circumstances in which the United States, if a private person, would be 
liable to the claimant in accordance with the law of the place where the 
act or omission occurred. The FTCA is a limited waiver of sovereign 
immunity without which the United States may not be sued in tort. 
Similarly, neither the Fifth Amendment nor any other provision of the 
U.S. Constitution creates or permits a federal cause of action allowing 
recovery in tort. Immunity must be expressly waived, as the FTCA waives 
it.
    (b) To be payable, a claim must arise from the acts or omissions of 
an ``employee of the government'' under 28 U.S.C. 2671. Categories of 
such employees are listed in Sec.  536.23(b) of this part.



Sec.  536.86  Claims not payable under the Federal Tort Claims Act.

    A claim is not payable if it is identified as an exclusion in DA Pam 
27-162, paragraphs 2-36 through 2-43.



Sec.  536.87  Applicable law for claims under the Federal Tort Claims Act.

    The applicable law for claims falling under the Federal Tort Claims 
Act is set forth in Sec. Sec.  536.41 through 536.52.



Sec.  536.88  Settlement authority for claims under the Federal Tort
Claims Act.

    (a) General. Subject to the Attorney General's approval of payments 
in excess of $200,000 for a single claim, or if the total value of all 
claims and potential claims arising out of a single incident exceeds 
$200,000 (for which USARCS must write an action memorandum for 
submission to the Department of Justice), the following officials are 
delegated authority to settle (including payment in full or in part, or 
denial) and make final offers on claims under this subpart:
    (1) The Judge Advocate General (TJAG);
    (2) The Assistant Judge Advocate General (TAJAG); and
    (3) The Commander USARCS.
    (b) ACO heads. A head of an area claims office (ACO) is delegated 
authority to pay up to $50,000 in settlement of a claim, regardless of 
the amount claimed, and to disapprove or make a final offer in a claim 
presented in an amount not exceeding $50,000, provided the value of all 
claims and potential claims arising out of a single incident does not 
exceed $200,000.
    (c) CPO heads. A head of a claims processing office (CPO) with 
approval authority is delegated authority to approve, in full or in 
part, claims presented for $5,000 or less, and to pay claims regardless 
of amount, provided an award of $5000 or less is accepted in full 
satisfaction of the claim.
    (d) Further guidance. Authority to further delegate payment 
authority is set forth in Sec.  536.3(g)(1) of this part. For further 
discussions related to approval, settlement and payment authority, see 
paragraphs 2-69 and 2-71 of DA Pam 27-162.
    (e) Settlement of multiple claims from a single incident. (1) Where 
a single act or incident gives rise to multiple claims cognizable under 
this subpart, and where one claim cannot be settled within the monetary 
jurisdiction for one claim of the authority acting on the claim or all 
claims cannot be settled within the monetary jurisdiction for a single 
incident, no final offer will be made. All claims will be forwarded, 
along with a recommended disposition, to the Commander USARCS.
    (2) If the Commander USARCS determines that all claims can be 
settled for a total of $200,000 or less, he may return claims to the 
field office for settlement. If the Commander USARCS, determines that 
all claims cannot be settled for a total of $200,000, he must request 
Department of Justice authority prior to settlement of any one claim. 
The field claims office must not concede liability by paying any one 
claim of lesser value.



Sec.  536.89  Reconsideration of Federal Tort Claims Act claims.

    (a) Reconsideration of paid claims. Under the provision of 28 U.S.C. 
2672, neither an original or successor authority may reconsider a claim 
which has been paid except as expressly set forth below. Payment of an 
amount for

[[Page 132]]

property damage will bar payment for personal injury or death except for 
a split claim provided the provisions of Sec.  536.60 are followed. 
Supplemental payments for either property or injury are barred by 10 
U.S.C. 2672. Accordingly, claimants will be informed that only one claim 
or payment is permitted.
    (b) Notice of right to reconsideration. Notice of disapproval or 
final offer issued by an authority listed in Sec.  536.88(b) will advise 
the claimant of a right to reconsideration to be submitted in writing 
not later than six months from the date of mailing the notice. Such a 
request will suspend the requirement to bring suit for a minimum of six 
month or until action is taken on the request. The claimant will be so 
informed. See the Attorney General's Regulations at 28 CFR 14.9(b), 
posted on the USARCS Web site; for the address see Sec.  536.2(a).
    (c) Original approval or settlement authority--(1) Reconsideration. 
An original settlement authority may reconsider the denial of, or final 
offer on, a claim brought under the FTCA upon request of the claimant or 
the legal representative.
    (2) Settlement correction. An original approval or settlement 
authority may reopen and correct action on a claim previously settled in 
whole or in part (even if a settlement agreement has been executed) when 
an error contrary to the parties' mutual understanding is discovered in 
the original action. For example: a claim was settled for $15,000, but 
the settlement agreement was typed to read ``$1,500'' and the error is 
not discovered until the file is being prepared for payment. If 
appropriate, a corrected payment will be made. An approval or settlement 
authority who has reason to believe that a settlement was obtained by 
fraud on the part of the claimant or claimant's legal representative 
will reopen action on that claim, and if the belief is substantiated, 
correct the action. The basis for correcting an action will be stated in 
a memorandum and included in the file.
    (d) A successor approval or settlement authority--(1) 
Reconsideration. A successor approval or settlement authority may 
reconsider the denial of, or final offer on, an FTCA claim upon request 
of the claimant, the claimant's authorized agent, or the claimant's 
legal representative only on the basis of fraud, substantial new 
evidence, errors in calculation, or mistake (misinterpretation) of law.
    (2) Settlement correction. A successor approval or settlement 
authority may reopen and correct a predecessor's action on a claim that 
was previously settled in whole or in part for the same reasons that an 
original authority may do so.
    (e) Requirement to forward a request for reconsideration. When full 
relief is not granted, forward all requests for reconsideration of an 
ACO's denial or final offer to the Commander USARCS for action. Include 
all investigative material and legal analyses generated by the request.
    (f) Action prior to forwarding. A request for reconsideration should 
disclose fully the legal and/or factual bases that the claimant has 
asserted as grounds for relief and provide appropriate supporting 
documents or evidence. Following completion of any investigation or 
other action deemed necessary for an informed disposition of the 
request, the approval or settlement authority will reconsider the claim 
and attempt to settle it, granting relief as warranted. When further 
settlement efforts appear unwarranted, the entire file with a memorandum 
of opinion will be forwarded to the Commander USARCS. The claimant will 
be informed of such transfer.
    (g) Finality of action. Action by the appropriate authority (either 
affirming the prior action or granting full or partial relief) upon a 
request for reconsideration constitutes final administrative disposition 
of a claim. No further requests for reconsideration will be allowed 
except on the basis of fraud. Attempted further requests for 
reconsideration on other grounds will not toll the six-month period set 
forth in 28 U.S.C. 2401(b).



       Subpart E_Claims Cognizable Under the Non-Scope Claims Act



Sec.  536.90  Statutory authority for the Non-Scope Claims Act.

    The statutory authority for this subpart is set forth in the Act of 
October

[[Page 133]]

1962, 10 U.S.C. 2737, 76 Stat. 767, commonly called the ``Non-Scope 
Claims Act (NSCA).''



Sec.  536.91  Scope for claims under the Non-Scope Claims Act.

    (a) This subpart applies worldwide and prescribes the substantive 
bases and special procedural requirements for the administrative 
settlement and payment of not more than $1,000 for any claim against the 
United States for personal injury, death or damage to, or loss of, 
property caused by military personnel or civilian employees, incident to 
the use of a U.S. vehicle at any location, or incident to the use of 
other U.S. property on a government installation, which claim is not 
cognizable under any other provision of law.
    (b) For the purposes of this subpart, a ``government installation'' 
is a facility having fixed boundaries owned or controlled by the 
government, and a ``vehicle'' includes every description of carriage or 
other artificial contrivance used, or capable of being used, as means of 
transportation on land (1 U.S.C. 4).
    (c) Any claim in which there appears to be a dispute about whether 
the employee was acting within the scope of employment will be 
considered under subparts C, D, or F of this part. Only when all 
parties, including an insurer, agree that there is no ``in scope'' issue 
will the claim be considered under this subpart.



Sec.  536.92  Claims payable under the Non-Scope Claims Act.

    (a) General. A claim for personal injury, death, or damage to, or 
loss of, property, real or personal, is payable under this subpart when:
    (1) Caused by negligent or wrongful acts or omissions of Department 
of Defense or Department of the Army (DA) military personnel or civilian 
employees, as listed in Sec.  536.23(b):
    (i) Incident to the use of a vehicle belonging to the United States 
at any place or;
    (ii) Incident to the use of any other property belonging to the 
United States on a government installation.
    (2) The claim is not payable under any other claims statute or 
regulation available to the DA for the administrative settlement of 
claims.
    (b) Personal injury or death. A claim for personal injury or death 
is allowable only for the cost of reasonable medical, hospital, or 
burial expenses actually incurred and not otherwise furnished or paid by 
the United States.
    (c) Property loss or damage. A claim for damage to or loss of 
property is allowable only for the cost of reasonable repairs or value 
at time of loss, whichever is less.



Sec.  536.93  Claims not payable under the Non-Scope Claims Act.

    Under this subpart, a claim is not payable that:
    (a) Results in whole or in part from the negligent or wrongful act 
of the claimant or his or her agent or employee. The doctrine of 
comparative negligence does not apply.
    (b) Is for medical, hospital, or burial expenses furnished or paid 
by the United States.
    (c) Is for any element of damage pertaining to personal injuries or 
death other than as provided in Sec.  536.93(b). All other items of 
damage, for example, compensation for loss of earnings and services, 
diminution of earning capacity, anticipated medical expenses, physical 
disfigurement and pain and suffering are not payable.
    (d) Is for loss of use of property or for the cost of substitute 
property, for example, a rental.
    (e) Is legally recoverable by the claimant under an indemnifying law 
or indemnity contract. If the claim is in part legally recoverable, the 
part recoverable by the claimant is not payable.
    (f) Is a subrogated claim.
    (g) In some circumstances some claims may be partially payable. See 
DA Pam 27-162, paragraph 5-4 for more information on claims that may be 
partially payable.



Sec.  536.94  Settlement authority for claims under the Non-Scope Claims
Act.

    (a) Settlement authority. The following are delegated authority to 
pay up to

[[Page 134]]

$1,000 in settlement of each claim arising out of one incident and to 
disapprove a claim presented in any amount under this subpart:
    (1) The Judge Advocate General (TJAG);
    (2) The Assistant Judge Advocate General (TAJAG);
    (3) The Commander USARCS;
    (4) The Judge Advocate (JA) or Staff Judge Advocate (SJA) or chief 
of a command claims service; and
    (5) The head of an area claims office (ACO).
    (b) Approval authority. The head of a claims processing office (CPO) 
with approval authority is delegated authority to approve and pay, in 
full or in part, claims presented for $1,000 or less and to compromise 
and pay, regardless of amount claimed, an agreed award of $1,000 or 
less.
    (c) Further guidance. Authority to further delegate payment 
authority is set forth in Sec.  536.3(g)(1) of this part. For further 
discussions also related to approval, settlement and payment authority, 
see also paragraphs 2-69 and 2-71 of DA Pam 27-162.



Sec.  536.95  Reconsideration of Non-Scope Claims Act claims.

    The provisions of Sec.  536.89 addressing reconsideration apply and 
are incorporated herein by reference. If the claim is not cognizable 
under the Federal Tort Claims Act, appellate procedures under the 
Military Claims Act or NGCA apply.



     Subpart F_Claims Cognizable Under the National Guard Claims Act



Sec.  536.96  Statutory authority for the National Guard Claims Act.

    The statutory authority for this subpart is contained in the Act of 
September 1960 (32 U.S.C. 715, 74 Stat. 878), commonly referred to as 
the ``National Guard Claims Act'' (NGCA), as amended by Public Law 87-
212, (75 Stat. 488), September 1961; Public Law 90-486, (82 Stat. 756), 
August 1968; Public Law 90-521, (82 Stat. 874), September 1968; Public 
Law 90-525, (82 Stat. 877), September 1968; Public Law 91-312, (84 Stat. 
412), July 1970; Public Law 93-336, (88 Stat. 291), July 1974; and 
Public Law 98-564, (98 Stat. 2918), October 1984.



Sec.  536.97  Scope for claims under the National Guard Claims Act.

    This subpart applies worldwide and prescribes the substantive bases 
and special procedural regulations for the settlement of claims against 
the United States for death, personal injury, damage to, or loss or 
destruction of property.
    (a) Soldiers of the Army National Guard (ARNG) can perform military 
duty in an active duty status under the authority of Title 10 of the 
United States Code, in a full-time National Guard duty or inactive-duty 
training status under the authority of Title 32 of the United States 
Code, or in a state active duty status under the authority of a state 
code.
    (1) When ARNG soldiers perform active duty, they are under federal 
command and control and are paid from federal funds. For claims 
purposes, those soldiers are treated as active duty soldiers. The NGCA, 
32 U.S.C. 715, does not apply.
    (2) When ARNG soldiers perform full-time National Guard duty or 
inactive-duty training, they are under state command and control and are 
paid from federal funds. The NGCA does apply, but as explained in 
paragraph (c) of this section it is seldom used.
    (3) When ARNG soldiers perform state active duty, they are under 
state command and control and are paid from state funds. Federal claims 
statutes do not apply, but state claims statutes may apply.
    (b) The ARNG also employs civilians, referred to as technicians and 
employed under 32 U.S.C. 709. Technicians are usually, but not always, 
ARNG soldiers who perform the usual 15 days of annual training (a 
category of full-time duty) and 48 drills (inactive-duty training) per 
year.
    (c) NGCA coverage applies only to ARNG soldiers performing full-time 
National Guard duty or inactive-duty training and to technicians. 
However, since the NGCA's enactment in 1960, Congress has also extended 
Federal Tort Claims Act (FTCA) coverage to these personnel.

[[Page 135]]

    (1) In 1968, technicians, who were state employees formerly, were 
made federal employees. Along with federal employee status came FTCA 
coverage. Technicians no longer have any state status, albeit they are 
hired, fired, and administered by a state official, the Adjutant 
General, acting as the agent of the federal government.
    (2) In 1981, Congress extended FTCA coverage to ARNG soldiers 
performing full-time National Guard duty or inactive-duty training (such 
as any training or other duty under 32 U.S.C. 316, 502-505). Unlike 
making technicians federal employees, this extension of coverage did not 
affect their underlying status as state military personnel.
    (d) Claims arising from the negligent acts or omissions of ARNG 
soldiers performing full-time National Guard duty or inactive-duty 
training, or of technicians, will be processed under the FTCA. 
Therefore, the NGCA is generally relevant only to claims arising from 
noncombat activities or outside the United States. Additionally, claims 
by members of the National Guard may be paid for property loss or damage 
incident to service if the claim is based on activities falling under 
this subpart and is not payable under AR 27-20, chapter 11.



Sec.  536.98  Claims payable under the National Guard Claims Act.

    The provisions of Sec.  536.75 apply to claims arising under this 
subpart.



Sec.  536.99  Claims not payable under the National Guard Claims Act.

    The provisions of Sec.  536.76 apply to claims arising under this 
subpart.



Sec.  536.100  Applicable law for claims under the National Guard Claims
Act.

    The provisions of Sec.  536.77 apply to claims arising under this 
subpart.



Sec.  536.101  Settlement authority for claims under the National Guard
Claims Act.

    The provisions of Sec.  536.78 apply to claims arising under this 
subpart.



Sec.  536.102  Actions on appeal under the National Guard Claims Act.

    The provisions of Sec.  536.79 apply to claims arising under this 
subpart.



       Subpart G_Claims Cognizable Under International Agreements



Sec.  536.103  Statutory authority for claims cognizable under international
claims agreements.

    The authority for claims presented or processed under this subpart 
is set forth in the following federal laws and bi- or multinational 
agreements:
    (a) 10 U.S.C. 2734a and 10 U.S.C. 2734b (the International 
Agreements Claims Act) as amended, for claims arising overseas under 
international agreements.
    (b) Various international agreements, such as the North Atlantic 
Treaty Organization (NATO) Status of Forces Agreement (SOFA) and the 
Partnership for Peace (PFP) SOFA.



Sec.  536.104  Current agreements in force.

    Current listings of known agreements in force are also posted on the 
USARCS Web site; for the address see Sec.  536.2(a).



Sec.  536.105  Responsibilities generally/international agreements claims.

    (a) The Commander USARCS is responsible for:
    (1) Providing policy guidance to command claims services or other 
responsible judge advocate (JA) offices on SOFA or other treaty 
reimbursement programs implementing 10 U.S.C. 2734a and 2734b.
    (2) Monitoring the reimbursement system to ensure that programs for 
the proper verification and certification of reimbursement are in place.
    (3) Monitoring funds reimbursed to or by foreign governments.
    (b) Responsibilities in the continental United States (CONUS). The 
responsibility for implementing these agreements within the United 
States has been delegated to the Secretary of the Army (SA). The SA, in 
turn, has delegated that responsibility to the Commander USARCS, who is 
in charge of the receiving State office for the United States, as 
prescribed in DODD

[[Page 136]]

5515.8. The Commander USARCS is responsible for maintaining direct 
liaison with sending State representatives and establishing procedures 
designed to carry out the provisions of this subpart.



Sec.  536.106  Definitions for international agreements claims.

    (a) Force and civilian component of force. Members of the sending 
State's armed forces on temporary or permanent official duty within the 
receiving State, civilian employees of the sending State's armed forces, 
and those individuals acting in an official capacity for the sending 
State's armed forces. However, under provisions of the applicable SOFAs 
the sending State and the receiving State may agree to exclude from the 
definition of ``force'' certain individuals, units or formations that 
would otherwise be covered by the SOFA. Where such an exclusion has been 
created, this subpart will not apply to claims arising from actions or 
omission by those individuals, units or formations. ``Force and civilian 
component of force'' also includes claims arising out of acts or 
omissions made by military or civilian personnel, regardless of 
nationality, who are assigned or attached to, or employed by, an 
international headquarters established under the provisions of the 
Protocol on the Status of International Military Headquarters Set Up 
Pursuant to the North Atlantic Treaty, dated August 28, 1952, such as 
Supreme Allied Command, Atlantic.
    (b) Types of claims under agreements--(1) Intergovernmental claims. 
Claims of one contracting party against any other contracting party for 
damage to property owned by its armed services, or for injury or death 
suffered by a member of the armed services engaged in the performance of 
official duties, are waived. Claims above a minimal amount for damage to 
property owned by a governmental entity other than the armed services 
may be asserted. NATO SOFA, Article VIII, paragraph 1-4; Singapore SOFA, 
Article XVI, paragraph 2-3.
    (2) Third-party scope claims. Claims arising out of any acts or 
omissions of members of a force or the civilian component of a sending 
State done in the performance of official duty or any other act, 
omission, or occurrence for which the sending State is legally 
responsible shall be filed, considered and settled in accordance with 
the laws and regulations of the receiving State with respect to claims 
arising from the activities of its own armed service; see, for example, 
NATO SOFA, Article VIII, paragraph 5.
    (3) Ex gratia claims. Claims arising out of tortious acts or 
omissions not done in the performance of official duties shall be 
considered by the sending State for an ``ex gratia'' payment that is 
made directly to the injured party; see, for example, NATO SOFA, Article 
VIII, paragraph 6.



Sec.  536.107  Scope for international agreements claims arising in
the United States.

    This section sets forth procedures and responsibilities for the 
investigation, processing, and settlement of claims arising out of any 
acts or omissions of members of a foreign military force or civilian 
component present in the United States or a territory, commonwealth, or 
possession thereof under the provisions of cost sharing reciprocal 
international agreements which contain claims settlement provisions 
applicable to claims arising in the United States. Article VIII of the 
NATO SOFA has reciprocal provisions applying to all NATO member 
countries; the Partnership for Peace (PFP) Agreement has similiar 
provisions, as do the Singapore and Australian SOFAs.



Sec.  536.108  Claims payable under international agreements
(for those arising in the United States).

    (a) Within the United States, Art. VIII, NATO SOFA applies to claims 
arising within the North Atlantic Treaty Area, which includes CONUS and 
its territories and possessions north of the Tropic of Cancer (23.5 
degrees north latitude). This excludes Puerto Rico, the Virgin Islands, 
and parts of Hawaii. Third-party scope claims are payable under subpart 
D or, if the claim arises incident to noncombat activities, under 
subpart C of this part. Maritime claims are payable under subpart H of

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this part. The provisions of these subparts on what claims are payable 
apply equally here. The members of the foreign force or civilian 
component must be acting in pursuance of the applicable treaty's 
objectives.
    (b) Within the United States, third-party ex gratia claims are 
payable only by the sending State and are not payable under subpart E of 
this part.



Sec.  536.109  Claims not payable under international agreements 
(for those arising in the United States).

    The following claims are not payable:
    (a) Claims arising from a member of a foreign force or civilian 
component's acts or omissions that do not accord with the objectives of 
a treaty authorizing their presence in the United States.
    (b) Claims arising from the acts or omissions of a member of a 
foreign force or civilian component who has been excluded from SOFA 
coverage by agreement between the sending State and the United States.
    (c) Third-party scope claims arising within the United States that 
are not payable under subparts C, D, or H of this part are listed as 
barred under those subparts. As sending State forces are considered 
assimilated into the U.S. Armed Services for purposes of the SOFAs, 
their members are also barred from receiving compensation from the 
United States when they are injured incident to their service, Daberkow 
v. United States, 581 F.2d 785 (9th Cir. 1978).



Sec.  536.110  Notification of incidents arising under international
agreements (for claims arising in the United States).

    To enable USARCS to properly discharge its claims responsibilities 
under the applicable SOFAs, it must be notified of all incidents, 
including off-duty incidents, in which members of a foreign military 
force or civilian component are involved. Any member or employee of the 
U.S. armed services who learns of an incident involving a member of a 
foreign military force or civilian component resulting in personal 
injury, death, or property damage will immediately notify the judge 
advocate (JA) or legal officer at the installation or activity to which 
such person is assigned or attached. The JA or legal officer receiving 
such notification will in turn notify the Commander USARCS. If the 
member is neither assigned nor attached to any installation or activity 
within the United States, the Commander USARCS, will be notified.



Sec.  536.111  Investigation of claims arising under international
agreements (for those claims arising in the United States).

    Responsibility for investigating an incident rests upon the area 
claims office (ACO) or claims processing office (CPO) responsible for 
the geographic area in which the incident occurred. The Commander 
USARCS, an ACO, and a CPO are authorized to designate the legal office 
of the installation at which the member of the foreign force or civilian 
component is attached, including the legal office of another armed 
force, to carry out the responsibility to investigate. The investigation 
will comply with the responsible Service's implementing claims 
regulation. When the member is neither assigned nor attached within the 
United States, the Commander USARCS will furnish assistance.



Sec.  536.112  Settlement authority for claims arising under international
agreements (for those claims arising in the United States).

    Settlement authority is delegated to the Commander USARCS, except 
for settlement amounts exceeding the Commander's authority as set forth 
in subparts C, D, or H of this part, or in those cases where settlement 
is reserved to a higher authority. Pursuant to the applicable SOFA, the 
Commander USARCS will report the proposed settlement to the sending 
State office for concurrence or objection. See, for example, NATO SOFA, 
Article VIII.



Sec.  536.113  Assistance to foreign forces for claims arising under
international agreements (as to claims arising in the United States).

    As claims arising from activities of members of NATO, Partnership 
for Peace, Singaporean, or Australian forces in the United States are 
processed in the same manner as those arising from activities of U.S. 
government personnel. All JAs and legal offices will

[[Page 138]]

provide assistance similar to that provided to U.S. armed services 
personnel.



Sec.  536.114  Scope for claims arising overseas under international
agreements.

    (a) This section sets forth guidance on claims arising from any act 
or omission of soldiers or members of the civilian component of the U.S. 
armed services done in the performance of official duty or arising from 
any other act or omission or occurrence for which the U.S. armed 
services are responsible under an international agreement. Claims 
incidents arising in countries for which the SOFA requires the receiving 
State to adjudicate and pay the claims in accordance with its laws and 
regulations are subject to partial reimbursement by the United States.
    (b) Claims by foreign inhabitants based on acts or omissions outside 
the scope of official duties are cognizable under subpart J of this 
part. Claims arising from nonscope acts or omissions by third parties 
who are not foreign inhabitants are cognizable under subpart E but not 
under subparts C or F of this part.



Sec.  536.115  Claims procedures for claims arising overseas under
international agreements.

    (a) SOFA provisions that call for the receiving State to adjudicate 
claims have been held to be the exclusive remedy for claims against the 
United States, Aaskov v. Aldridge, 695 F. Supp. 595 (D.D.C. 1988); Dancy 
v. Department of the Army, 897 F. Supp. 612 (D.D.C. 1995).
    (b) SOFA provisions that call for the receiving State to adjudicate 
claims against the United States usually refer to claims by third 
parties brought against members of the force or civilian component. This 
includes claims by tourists or business travelers as well as inhabitants 
of foreign countries. Depending on how the receiving State interprets 
the particular SOFA's class of proper claimants, the receiving State may 
also consider claims by U.S. soldiers, civilian employees, and their 
family members. Chiefs of command claims services or other Army JA 
offices responsible for claims that arise in countries bound by SOFA or 
other treaty provisions requiring a receiving State to consider claims 
against the United States will ensure that all claims personnel know the 
receiving State's policy on which persons or classes of persons are 
proper claimants under such provisions. When a claim is filed both with 
the receiving State and under either the Military Claims Act (MCA) or 
Foreign Claims Act (FCA), the provisions of Sec.  536.76(h) of this part 
and DA Pam 27-162, paragraph 3-4a apply.
    (c) When SOFA provisions provide for receiving state claims 
consideration, the time limit for filing such claims may be much shorter 
than the two years otherwise allowed under the FCA or MCA. For example, 
receiving state claims offices in Germany require that a claim be filed 
under the SOFA within three months of the date that the claimant is 
aware of the U.S. involvement. If the filing period is about to expire 
for claims arising in Germany, have the claimant fill out a claim form, 
make two copies, and date-stamp each copy as received by the a sending 
State claims office. Return the date-stamped original of the claim to 
the claimant with instructions to promptly file with the receiving State 
claims office. Keep one date-stamped copy as a potential claim. Forward 
one date-stamped copy of the claim to the U.S. Army Claims Service 
Europe (USACSEUR). This may toll the applicable German statute of 
limitations. Additionally, many receiving state claims offices do not 
require claimants to demand a sum certain. All claims personnel must 
familiarize themselves with the applicable receiving state law and 
procedures governing SOFA claims.
    (d) All foreign inhabitants who file claims against the United 
States that fall within the receiving State's responsibility, such as 
claims based on acts or omissions within the scope of U.S. Armed Forces 
members' or civilian employees' duties, must file the claim with the 
appropriate receiving State office. Those U.S. inhabitants whose claims 
would be otherwise cognizable under the Military Claims Act (subpart C 
of this part) and whom the receiving State deems proper claimants under 
the SOFA must also file with the receiving State.

[[Page 139]]

    (e) A claim filed with, and considered by, a receiving State under a 
SOFA or other international agreement claims provision may be considered 
under other subparts of this part only if the receiving State denied the 
claim on the basis that it was not cognizable under the treaty or 
agreement provisions. See DA Pam 27-162, paragraph 3-4a(2), for 
conditions of waiver of the foregoing requirement. See also Sec. Sec.  
536.76(h) and 536.138(j) of this part. When a claimant has filed a claim 
with a receiving State and received payment, or the claim has been 
denied on the merits, such action will be the claimant's final and 
exclusive remedy and will bar any further claims against the United 
States.



Sec.  536.116  Responsibilities as to claims arising overseas under
international agreements.

    (a) Command claims services or other responsible JA offices within 
whose jurisdiction SOFA or other treaty provisions provide for a claim 
reimbursement system, and where DA has been assigned single-service 
responsibility for the foreign country seeking reimbursement (see Sec.  
536.17) are responsible for:
    (1) Establishing programs for verifying, certifying, and reimbursing 
claims payments. Such service or JA office will provide a copy of its 
procedures implementing the program to the Commander USARCS.
    (2) Providing the Commander USARCS with budget estimates for 
reimbursements in addition to the reports required by AR 27-20, 
paragraph 13-7.
    (3) Providing the Commander USARCS each month in which payments are 
made, with statistical information on the number of individual claims 
reimbursed, the total amount paid by the foreign government, and the 
total amount reimbursed by the United States.
    (4) Providing the Commander USARCS with a quarterly report showing 
total reimbursements paid during the quarter for maneuver damage and 
tort claims classified according to major categories of damage 
determined by the Commander USARCS, and an update on major issues or 
activities that could affect the reimbursement system's operation or 
funding.
    (b) Command claims services or other responsible Army JA offices 
will ensure that all claims personnel within their areas of 
responsibility:
    (1) Receive annual training on the receiving State's claims 
procedures, including applicable time limitations, procedures and the 
responsible receiving State claims offices' locations.
    (2) Screen all new claims and inquiries about claims to identify 
those claimants who must file with the receiving State.
    (3) Ensure that all such claimants are informed of this requirement 
and the applicable time limitation.
    (4) Ensure that all applicable SOFA claims based on incidents 
occurring in circumstances that bring them within the United States' 
primary sending State jurisdiction are fully investigated.



                        Subpart H_Maritime Claims



Sec.  536.117  Statutory authority for maritime claims.

    The Army Maritime Claims Settlement Act (AMCSA) (10 U.S.C. 4801-04, 
4806, as amended) authorizes the Secretary of the Army or his designee 
to administratively settle or compromise admiralty and maritime claims 
in favor of, and against, the United States.



Sec.  536.118  Related statutes for maritime claims.

    (a) The AMCSA permits the settlement of claims that would ordinarily 
fall under the Suits in Admiralty Act (SIAA), 46 U.S.C. app. 741-752; 
the Public Vessels Act (PVA), 46 U.S.C. app. 781-790; or the Admiralty 
Extension Act (AEA), 46 U.S.C. app. 740. Outside the United States the 
AMCSA may be used to settle admiralty claims in lieu of the Military 
Claims Act or Foreign Claims Act. Within the United States, filing under 
the AMCSA is not mandatory for causes of action as it is for the SIAA or 
PVA.
    (b) Similar maritime claims settlement authority is exercised by the 
Department of the Navy under 10 U.S.C. 7363 and 7621-23 and by the 
Department

[[Page 140]]

of the Air Force under 10 U.S.C. 9801-9804 and 9806.



Sec.  536.119  Scope for maritime claims.

    The AMCSA applies worldwide and includes claims that arise on high 
seas or within the territorial waters of a foreign country. At 10 U.S.C. 
4802 it provides for the settlement or compromise of claims for:
    (a) Damage caused by a vessel of, or in the service of, the 
Department of the Army (DA) or by other property under the jurisdiction 
of the DA.
    (b) Compensation for towage and salvage service, including contract 
salvage, rendered to a vessel of, or in the service of, the DA or other 
property under the jurisdiction of the DA.
    (c) Damage that is maritime in nature and caused by tortious conduct 
of U.S. military personnel or federal civilian employees, an agent 
thereof, or property under the Army's jurisdiction.



Sec.  536.120  Claims payable as maritime claims.

    A claim is cognizable under this subpart if it arises in or on a 
maritime location, involves some traditional maritime nexus or activity, 
and is caused by the wrongful act or omission of a member of the U.S. 
Army, Department of Defense (DOD) or DA civilian employee, or an agent 
thereof, while acting within the scope of employment. This class of 
claims includes, but is not limited to:
    (a) Damage to a ship, boat, barge, or other watercraft;
    (b) An injury that involves a ship, boat, barge, or other 
watercraft;
    (c) Damage to a wharf, pier, jetty, fishing net, farm facilities or 
other structures in, on, or adjacent to any body of water;
    (d) Damage or injury on land or on water arising under the AEA and 
allegedly due to operation of an Army-owned or leased ship, boat, barge, 
or other watercraft;
    (e) An injury that occurs on board an Army ship, boat, barge or 
other watercraft; and
    (f) Crash into water of an Army aircraft.



Sec.  536.121  Claims not payable as maritime claims.

    Under this subpart, claims are not payable if they:
    (a) Are listed in Sec. Sec.  536.42, 536.43, 536.44, 536.45 (except 
at (e) and (k)), and 536.46;
    (b) Are not maritime in nature;
    (c) Are not in the best interests of the United States, are contrary 
to public policy, or are otherwise contrary to the basic intent of the 
governing statute, for example, claims for property loss or damage or 
personal injury or death by inhabitants of unfriendly foreign countries 
or by individuals considered to be unfriendly to the United States. When 
a claim is considered not payable for the reasons stated in this 
section, it will be forwarded for appropriate action to the Commander 
USARCS, along with the recommendations of the responsible claims office.
    (d) Are presented by a national, or a corporation controlled by a 
national, of a country at war or engaged in armed conflict with the 
United States, or any country allied with such enemy country, unless the 
appropriate settlement authority determines that the claimant is and, at 
the time of incident, was friendly to the United States. A prisoner of 
war or an interned enemy alien is not excluded or barred from bringing a 
claim for damage, loss, or destruction of personal property while held 
in the custody of the government if the claim is otherwise payable.
    (e) Are for damages or injuries that a receiving State should pay 
for under an international agreement. See Sec.  536.34(c).



Sec.  536.122  Limitation of settlement of maritime claims.

    (a) Within the United States the period of completing an 
administrative settlement under the AMCSA is subject to the same time 
limitation as that for beginning suit under the SIAA or PVA; that is, a 
two-year period from the date the cause of the action accrued. The 
claimant must have agreed to accept the settlement and it must be 
approved for payment by the Secretary of the Army or other approval 
authority prior to the end of such period. The presentation of a claim, 
or its consideration by the DA, neither waives nor extends the two-year 
limitation period and the

[[Page 141]]

claimant should be so informed, in writing, when the claim is 
acknowledged. See Sec.  536.28.
    (b) For causes of action under the AEA, filing an administrative 
claim is mandatory. However, suit is required under the two-year time 
limit applicable to the SIAA and PVA, even though the AEA provides that 
no suit shall be filed under six months after filing a claim.
    (c) For causes of action arising outside the United States, there is 
no time limitation for completing an administrative settlement.



Sec.  536.123  Limitation of liability for maritime claims.

    For admiralty claims arising within the United States under the 
provisions of the Limitation of Shipowners' Liability Act, 46 U.S.C. 
app. 181-188, in cases alleging injury or loss due to negligent 
operation of its vessel, the United States may limit its liability to 
the value of its vessel after the incident from which the claim arose. 
The act requires filing of an action in federal District Court within 
six months of receiving written notice of a claim. Therefore, USARCS, or 
the Chief Counsel, U.S. Army Corps of Engineers (COE), or his designee, 
must be notified within 10 working days of the receipt of any maritime 
claim arising in the United States or on the high seas out of the 
operation of an Army vessel, including pleasure craft owned by the 
United States. USARCS or Chief Counsel, COE will coordinate with the 
Department of Justice (DOJ) as to whether to file a limitation of 
liability action.



Sec.  536.124  Settlement authority for maritime claims.

    (a) The Secretary of the Army, the Army General Counsel as designee 
of the Secretary, or other designee of the Secretary may approve any 
settlement or compromise of a claim in any amount. A claim settled or 
compromised in a net amount exceeding $500,000 will be investigated and 
processed and, if approved by the Secretary of the Army or his or her 
designee, will be certified to Congress for final approval.
    (b) The Judge Advocate General (TJAG), The Assistant Judge Advocate 
General (TAJAG), the Commander USARCS, the Chief Counsel COE, or 
Division or District Counsel Offices are delegated authority to settle, 
such as to deny or approve payment in full or in part, any claim under 
this subpart regardless of the amount claimed, provided that any award 
does not exceed $100,000.
    (c) A Staff Judge Advocate (SJA) or chief of a command claims 
service and heads of area claims offices (ACOs) are delegated authority 
to pay up to $50,000, regardless of the amount claimed, and to 
disapprove or make a final offer on a claim presented in an amount not 
exceeding $50,000.
    (d) Authority to further delegate payment authority is set forth in 
Sec.  536.3(g)(1) of this part. For further discussion also related to 
settlement and approval authority see paragraph 2-69 of DA Pam 27-162.
    (e) Where the claimed amount or potential claim damage exceeds 
$100,000 for COE claims or $50,000 for all others, Commander USARCS will 
be notified immediately, and be furnished a copy of the claim and a 
mirror file thereafter. See Sec.  536.30 and AR 27-20, paragraph 2-12.



Subpart I_Claims Cognizable Under Article 139, Uniform Code of Military 
                                 Justice



Sec.  536.125  Statutory authority for Uniform Code of Military
Justice (UCMJ) Claims.

    The authority for this subpart is Article 139, Uniform Code of 
Military Justice (UCMJ) (10 U.S.C. 939, which provides redress for 
property willfully damaged or destroyed, or wrongfully taken, by members 
of the Armed Forces of the United States.



Sec.  536.126  Purpose of UCMJ claims.

    This subpart sets forth the standards to apply and the procedures to 
follow in processing claims for the wrongful taking or willful damage or 
destruction of property by military members of the Department of the 
Army.

[[Page 142]]



Sec.  536.127  Proper claimants; unknown accused--under the UCMJ.

    (a) A proper claimant under this subpart includes any individual 
(whether civilian or military), a business, charity, or state or local 
government that owns, has an ownership interest in, or lawfully 
possesses property.
    (b) When cognizable claims are presented against a unit because the 
individual offenders cannot be identified, this subpart sets forth the 
procedures for approval authorities to direct pay assessments, 
equivalent to the amount of damages sustained, against the unit members 
who were present at the scene and to allocate individual liability in 
such proportion as is just under the circumstances.



Sec.  536.128  Effect of disciplinary action, voluntary restitution,
or contributory negligence for claims under the UCMJ.

    (a) Disciplinary action. Administrative action under Article 139, 
UCMJ, and this subpart is entirely separate and distinct from 
disciplinary action taken under other sections of the UCMJ or other 
administrative actions. Because action under both Article 139, UCMJ, and 
this subpart requires independent findings on issues other than guilt or 
innocence, a soldier's conviction or acquittal of claim-related charges 
is not dispositive of liability under Article 139, UCMJ.
    (b) Voluntary restitution. The approval authority may terminate 
Article 139 proceedings without findings if the soldier voluntarily 
makes full restitution to the claimant.
    (c) Contributory negligence. A claim otherwise cognizable and 
meritorious is payable whether or not the claimant was negligent.



Sec.  536.129  Claims cognizable as UCMJ claims.

    Claims cognizable under Article 139, UCMJ, are limited to the 
following:
    (a) Requirement that conduct constructively violate UCMJ. In order 
to subject a person to liability under Article 139, the soldier's 
conduct must be such as would constitute a violation of one or more 
punitive Articles of the UCMJ. However, a referral of charges is not a 
prerequisite to action under this subpart.
    (b) Claims for property willfully damaged. Willful damage is damage 
inflicted intentionally, knowingly, and purposefully without justifiable 
excuse, as distinguished from damage caused inadvertently, thoughtlessly 
or negligently. Damage, loss, or destruction of property caused by 
riotous, violent, or disorderly acts or acts of depredation, or through 
conduct showing reckless or wanton disregard of the property rights of 
others, may be considered willful damage.
    (c) Claims for property wrongfully taken. A wrongful taking is any 
unauthorized taking or withholding of property, with the intent to 
deprive, temporarily or permanently, the owner or person lawfully in 
possession of the property. Damage, loss, or destruction of property 
through larceny, forgery, embezzlement, fraud, misappropriation, or 
similar offense may be considered wrongful taking. However, mere breach 
of a fiduciary or contractual duty that does not involve larceny, 
forgery, embezzlement, fraud, or misappropriation does not constitute 
wrongful taking.
    (d) Definition of property. Article 139 provides compensation for 
loss of or damage to both personal property, whether tangible or 
intangible, and real property. Contrast this to the Personnel Claims Act 
and chapter 11 of AR 27-20, which provides compensation only for 
tangible personal property. Monetary losses may fall into the category 
of either tangible property (for example, cash), or intangible property 
(for example, an obligation incurred by a claimant to a third party as a 
result of fraudulent conduct by a soldier), although recovery for losses 
of intangible property may be limited by other provisions of this part, 
such as the exclusion of theft of services (see Sec.  536.130(f)) or 
consequential damages (see Sec.  536.130(g)).
    (e) Claims cognizable under more than one statute. Claims cognizable 
under other claims statutes may be processed under this subpart.

[[Page 143]]



Sec.  536.130  Claims not cognizable as UCMJ claims.

    Claims not cognizable under Article 139, UCMJ, and this subpart, 
include the following:
    (a) Claims resulting from negligent acts.
    (b) Claims for personal injury or death.
    (c) Claims resulting from acts or omissions of military personnel 
acting within the scope of their employment, including claims resulting 
from combat activities or noncombat activities, as those terms are 
defined in the Glossary of AR 27-20.
    (d) Claims resulting from the conduct of Reserve component personnel 
who are not subject to the UCMJ at the time of the offense.
    (e) Subrogated claims.
    (f) Claims for theft of services, even if such theft constitutes a 
violation of Article 134 of the UCMJ.
    (g) Claims for indirect, remote, or consequential damages.
    (h) Claims by entities in conflict with the United States or whose 
interests are hostile to the United States.



Sec.  536.131  Limitations on assessments arising from UCMJ claims.

    (a) Limitations on amount. (1) A special court-martial convening 
authority (SPCMCA) has authority to approve a pay assessment in an 
amount not to exceed $5,000 per claimant per incident and to deny a 
claim in any amount. If the Judge Advocate responsible for advising the 
SPCMCA decides that the SPCMCA's final action under the provisions of 
Rule for Courts-Martial 1107 in a court-martial arising out of the same 
incident would be compromised, the SPCMCA may forward the Article 139 
claim to the general court-martial convening authority (GCMCA) for 
action.
    (2) A GCMCA, or designee, has authority to approve a pay assessment 
in an amount not to exceed $10,000 per claimant per incident and to deny 
a claim in any amount.
    (i) If the GCMCA or designee determines that a claim exceeding 
$10,000 per claimant per incident is meritorious, that officer will 
assess the soldier's pay in the amount of $10,000 and forward the claim 
to the Commander USARCS, with a recommendation to increase the 
assessment.
    (ii) If the head of the area claims office (ACO) (usually the 
GCMCA's Staff Judge Advocate (SJA)) decides that the GCMCA's final 
action under the provisions of Rule for Courts-Martial 1107 in a court-
martial arising out of the same incident would be compromised, that 
officer may forward the Article 139 claim to USARCS for action.
    (3) Only TJAG, TAJAG, the Commander USARCS, or designee has 
authority to approve assessments in excess of $10,000 per claimant per 
incident.
    (b) Limitations on type of damages. Property loss or damage 
assessments are limited to direct damages. This subpart does not provide 
redress for indirect, remote, or consequential damages.



Sec.  536.132  Procedure for processing UCMJ claims.

    (a) Time limitations on submission of a claim. A claim must be 
submitted within 90 days of the incident that gave rise to it, unless 
the SPCMCA acting on the claim determines there is good cause for delay. 
Lack of knowledge of the existence of Article 139, or lack of knowledge 
of the identity of the offender, are examples of good cause for delay.
    (b) Form and presentment of a claim. The claimant or authorized 
agent may present a claim orally or in writing. If presented orally, the 
claim must be reduced to writing, signed, and seek a definite sum in 
U.S. dollars within 10 days after oral presentment.
    (c) Action upon receipt of a claim. Any officer receiving a claim 
will forward it within two working days to the SPCMCA exercising 
jurisdiction over the soldier or soldiers against whom the claim is 
made. If the claim is made against soldiers under the jurisdiction of 
two or more convening SPCMCAs who are under the same GCMCA, forward the 
claim to that GCMCA. That GCMCA will designate one SPCMCA to investigate 
and act on the claim as to all soldiers involved. If the claim is made 
against soldiers under the jurisdiction of more than one SPCMCA at 
different locations and not under the same GCMCA, forward the claim to 
the SPCMCA whose headquarters is located

[[Page 144]]

nearest the situs of the alleged incident. That SPCMCA will investigate 
and act on the claim as to all soldiers involved. If a claim is brought 
against a member of one of the other military services, forward the 
claim to the commander of the nearest major command of that service 
equivalent to a major Army command (MACOM).
    (d) Action by the special court-martial convening authority. (1) If 
the claim appears to be cognizable, the SPCMCA will appoint an 
investigating officer within four working days of receipt of a claim. 
The investigating officer will follow the procedures of this subpart 
supplemented by DA Pam 27-162, chapter 9, and AR 15-6, chapter 4, which 
applies to informal investigations. The SPCMCA may appoint the claims 
officer of a command (if the claims officer is a commissioned officer) 
as the investigating officer. In cases where the special court-martial 
convening authority is an inactive duty soldier of the United States 
Army Reserve, the appointment of an investigating officer will be made 
within 30 calendar days.
    (2) If the claim is not brought against a person who is a member of 
the Armed Forces of the United States at the time the claim is received, 
or if the claim does not appear otherwise cognizable under Article 139, 
UCMJ, the SPCMCA may refer it for legal review (see paragraph (g) of 
this section) within four working days of receipt. If after legal review 
the SPCMCA determines that the claim is not cognizable, final action may 
be taken disapproving the claim (see paragraph (h) of this section) 
without appointing an investigating officer. In claims where the special 
court-martial convening authority is an inactive duty soldier of the 
United State Army Reserve, the request for a legal review will be made 
within 30 calendar days.
    (e) Expediting payment through Personnel Claims Act and Foreign 
Claims Act procedures. When assessment action on a particular claim will 
be unduly delayed, the claims office supporting the SPCMA may consider 
the claim under the Personnel Claims Act, 31 U.S.C. 3721, and chapter 11 
of AR 27-20, or under the Foreign Claims Act, 10 U.S.C. 2734, and 
subpart J of this part, as long as it is otherwise cognizable under that 
authority. If the Article 139 claim is later successful, the claims 
office will inform the claimant of the obligation to repay to the 
government any overpayment received under these statutes.
    (f) Action by the investigating officer. The investigating officer 
will notify the soldier against whom the claim is made.
    (1) If the soldier wishes to make voluntary restitution, the 
investigating officer may, with the SPCMCA's concurrence, delay 
proceedings until the end of the next pay period to permit restitution. 
If the soldier makes payment to the claimant's full satisfaction, the 
SPCMCA will dismiss the claim.
    (2) In the absence of full restitution, the investigating officer 
will determine whether the claim is cognizable and meritorious under the 
provisions of Article 139, UCMJ, and this subpart, and the amount to be 
assessed against each offender. This amount will be reduced by any 
restitution the claimant accepts from an offender in partial 
satisfaction. Within 10 working days, or such time as the SPCMCA may 
determine, the IO will submit written findings and recommendations to 
the SPCMCA.
    (3) If the soldier is absent without leave and cannot be notified, a 
claims office may process the Article 139 claim in the soldier's 
absence. If an assessment is approved, forward a copy of the claim and 
the memorandum authorizing pay assessment by transmittal letter to the 
servicing Defense Accounting Office (DAO) for offset against the 
soldier's pay. If the soldier is dropped from the rolls, the servicing 
DAO will forward the assessment documents to: Commander, Defense Finance 
and Accounting Service (DFAS), ATTN: Military Pay Operations, 8899 E. 
56th Street, Indianapolis, IN 46249.
    (g) Legal review. The SPCMCA will refer the claim for legal review 
to its servicing legal office upon either completion of the 
investigating officer's report or the SPCMCA's determination that the 
claim is not cognizable (see paragraph (d)(2) of this section).
    (1) Within five working days or such time as the SPCMCA determines, 
that

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office will furnish a written opinion as to:
    (i) Whether the claim is cognizable under the provisions of Article 
139, UCMJ, and this subpart.
    (ii) Whether the findings and recommendations are supported by a 
preponderance of the evidence.
    (iii) Whether the investigation substantially complies with the 
procedural requirements of Article 139, UCMJ; this subpart; DA Pam 27-
162, chapter 9; and AR 15-6, chapter 4.
    (iv) Whether the claim is clearly not cognizable (see paragraph 
(d)(2) of this section) and final denial action can be taken without 
appointing an investigating officer.
    (2) If the investigating officer's recommended assessment does not 
exceed $5,000, the claims judge advocate (CJA) or claims attorney will, 
upon legal review, forward the claim to the SPCMCA for final action.
    (3) If the investigating officer's recommended assessment is more 
than $5,000, the CJA or claims attorney will, upon legal review, forward 
the claim file to the head of the ACO, who will also conduct a legal 
review within five working days.
    (i) If the recommended assessment does not exceed $10,000, the head 
of the ACO will forward the claim file to the GCMCA for final action.
    (ii) If the recommended assessment exceeds $10,000, the head of the 
ACO will forward the claim file to the GCMCA for approval of an 
assessment up to $10,000 and for a recommendation of an additional 
assessment. The head of the ACO will then forward the claims file and 
the GCMCA's recommendation to the Commander USARCS for approval.
    (h) Final action. After consulting with the legal advisor, the 
approval authority will disapprove or approve the claim in an amount 
equal to, or less than, the amount of the assessment limitation. The 
approval authority is not bound by the findings or recommendations of 
the IO; AR 15-6, paragraph 2-3a. The approval authority will notify the 
claimant, and any soldier subject to that officer's jurisdiction, of the 
determination and the right of any party to request reconsideration (see 
Sec.  536.133). A copy of the investigating officer's findings and 
recommendation will be enclosed with the notice. The approval authority 
will then suspend action on the claim for 10 working days pending 
receipt of a request for reconsideration, unless the approval authority 
determines that this delay will result in substantial injustice. If 
after this period the approval authority determines that an assessment 
is still warranted, the approval authority will direct the appropriate 
DAO to withhold such amount from the soldier's pay account (see Sec.  
536.131(a)). For any soldier not subject to the approval authority's 
jurisdiction, the approval authority will forward the claim to the 
commander who exercises SPCMCA jurisdiction over the soldier for 
assessment. The receiving SPCMCA is bound by the determination of the 
approval authority.
    (i) Assessment. Subject to any limitations set forth in appropriate 
regulations, the servicing DAO will withhold the amount directed by the 
approval authority and pay it to the claimant. The assessment is not 
subject to appeal and is binding on any finance officer. If the 
servicing DAO cannot withhold the required amount because it does not 
have custody of the soldier's pay record, the record is missing, or the 
soldier is in a no pay due status, that office will promptly notify the 
approval authority of this fact in writing.
    (j) Remission of indebtedness. 10 U.S.C. 4837, which authorizes the 
remission and cancellation of indebtedness of an enlisted person to the 
United States or its instrumentalities, is not applicable and may not be 
used to remit and cancel indebtedness determined as a result of action 
under Article 139, UCMJ.



Sec.  536.133  Reconsideration of UCMJ claims.

    (a) General. Although Article 139, UCMJ, does not provide for a 
right of appeal, either the claimant or a soldier whose pay is assessed 
may request the approval authority (SPCMCA or GCMCA, depending on the 
amount assessed) or successor in command to reconsider the action. 
Either party must submit such a request for reconsideration in writing 
and clearly state the factual or legal basis for the relief requested. 
The approval authority may

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direct that the matter be reinvestigated.
    (b) Reconsideration by the original approval authority. The original 
approval authority may reconsider the action at any time while serving 
as the approval authority for the claim in question, even after the 
transfer of the soldier whose pay was assessed. The original approval 
authority may modify the action if it was incorrect, subject to 
paragraph (d) of this section. However, the approval authority should 
modify the action only because of fraud, substantial new evidence, 
errors in calculation, or mistake of law.
    (c) Reconsideration by a successor in command. Subject to paragraph 
(d) of this section, a successor in command may modify an action only 
because of fraud, substantial new evidence, errors in calculation, or 
mistake of law apparent on the face of the record.
    (d) Legal review and action. Prior to modifying the original action, 
the approval authority will have the servicing claims office render a 
legal opinion and fully explain the basis for modification as part of 
the file. If the legal review agrees that a return of the assessed pay 
is appropriate, the approval authority should request in writing that 
the claimant return the money, setting forth in the letter the basis for 
the request. There is no authority for repayment from appropriated 
funds.
    (e) Disposition of files. After completing action on 
reconsideration, the approval authority will forward the reconsideration 
action to the servicing claims office, which will then file the action 
per Sec.  536.132(h).



Sec.  536.134  Additional claims judge advocate and claims attorney
responsibilities (for UCMJ claims).

    In addition to the duties set forth in this subpart, the CJA or 
claims attorney is responsible for forwarding copies of completed 
Article 139 actions to USARCS, maintaining a log, monitoring the time 
requirements of pending Article 139 actions, and publicizing the Article 
139 program to commanders, soldiers, and the community.



        Subpart J_Claims Cognizable Under the Foreign Claims Act



Sec.  536.135  Statutory authority for the Foreign Claims Act.

    (a) The statutory authority for this subpart is the Act of August 
10, 1956, 10 U.S.C. 2734 (70 Stat. 154), commonly referred to as the 
Foreign Claims Act (FCA), as amended by Public Law 86-223, September 
1959 (73 Stat. 453); Public Law 86-411, April 1960 (74 Stat. 16); Public 
Law 90-521, September 1968 (82 Stat. 874); Public Law 91-312, July 1970 
(84 Stat. 412); Public Law 93-336, July 1974 (88 Stat. 292); Public Law 
96-513, Title V, Sec.  511 (95), December 1980 (94 Stat. 2928). It is 
posted on the USARCS Web site; for the address see Sec.  536.2(a).
    (b) Claims arising from the acts or omissions of the U.S. Armed 
Forces in the Marshall Islands or the Federated States of Micronesia are 
settled in accordance with Art. XV, Non-contractual Claims, of the U.S.-
Marshall Islands and Micronesian Status of Forces Agreement (the 
``SOFA'') (posted on the USARCS Web site; for the address see Sec.  
536.2(a)). This is pursuant to the ``agreed upon minutes'' that are 
appended to the SOFA, pursuant to Section 323 of the Compact of Free 
Association between the U.S. and the Marshall Islands and the Federated 
States of Micronesia, enacted by Public Law 99-239, January 14, 1986. 
(The Compact may be viewed at http://www.fm/jcn/compact/relindex.html). 
The ``agreed upon minutes'' state that ``all claims within the scope of 
paragraph 1 of Article XV [Claims], [of the Compact] * * * shall be 
processed and settled exclusively pursuant to the Foreign Claims Act, 10 
U.S.C. 2734, and any regulations promulgated in implementation 
thereof.'' Therefore, Title I, Article 178 of the Compact, regarding 
claims processing, is not applicable to claims arising from the acts or 
omissions of the U.S. armed forces, but only to other federal agencies. 
Those agencies are required to follow the provisions of the Federal Tort 
Claims Act, 28 U.S.C. 2672.



Sec.  536.136  Scope for claims arising under the Foreign Claims Act.

    (a) Application. This subpart, which is applicable outside the 
United States, its commonwealths, territories and

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possessions, including areas under the jurisdiction of the United 
States, implements the FCA and prescribes the substantive basis and 
special procedural requirements for settlement of claims of inhabitants 
of a foreign country, or of a foreign country or a political subdivision 
thereof, against the United States for personal injury, death, or 
property damage caused by service members or civilian employees, or 
claims that arise incident to noncombat activities of the armed forces.
    (b) Effect of Military Claims Act (MCA). Claims arising in foreign 
countries will be settled under the MCA if the injured party is an 
inhabitant of the U.S., for example, a member of the U.S. armed forces, 
a U.S. civilian employee, or a family member of either category. In a 
wrongful death case, if the decedent is an inhabitant of a foreign 
country, even though his survivors are U.S. inhabitants, the FCA will 
apply. See Sec.  536.74(c). For claims arising outside the U.S. 
involving foreign-born spouces, see DA Pam 27-20, paragraph 2-20a.
    (c) Effect of Army Maritime Claims Settlement Act (AMCSA) (10 U.S.C. 
4801, 4802 and 4808). A maritime claim may be settled under the FCA.



Sec.  536.137  Claims payable under the Foreign Claims Act.

    (a) A claim for death, personal injury, or loss of or damage to 
property may be allowed under this subpart if the alleged damage results 
from noncombat activity or a negligent or wrongful act or omission of 
soldiers or civilian employees of the U.S. armed forces, as enumerated 
in Sec.  536.23(b), regardless of whether the act or omission was made 
within the scope of their employment. This includes non-U.S. citizen 
employees recruited elsewhere but employed in a country of which they 
are not a citizen. However, a claim generated by non-U.S. citizen 
employees in the country in which they were recruited and are employed 
will be payable only if the act or omission was made in the scope of 
employment. But claims arising from the operation of U.S. armed forces 
vehicles or other equipment by such employees may be paid, even though 
the employees are not acting within the scope of their employment, 
provided the employer or owner of the vehicle or other equipment would 
be liable under local law in the circumstances involved.
    (b) Claims generated by officers or civilian employees of the 
American Battle Monuments Commission (36 U.S.C. 2110), acting within the 
scope of employment, will be paid from American Battle Monuments 
Commission appropriations.
    (c) Claims for the loss of, or damage to, property that may be 
settled under this subpart include the following:
    (1) Real property used and occupied under lease, express, implied, 
or otherwise. See Sec.  536.34(m) of this part and paragraph 2-15m of DA 
Pam 27-162.
    (2) Personal property bailed to the government under an agreement, 
express or implied, unless the owner has expressly assumed the risk of 
damage or loss.



Sec.  536.138  Claims not payable under the Foreign Claims Act.

    A claim is not payable if it:
    (a) Results wholly from the negligent or wrongful act of the 
claimant or agent;
    (b) Is purely contractual in nature;
    (c) Arises from private or domestic obligations as distinguished 
from government transactions;
    (d) Is based solely on compassionate grounds;
    (e) Is a bastardy claim for child support expenses;
    (f) Is for any item whose acquisition, possession, or transportation 
is in violation of Department of the Army (DA) or Department of Defense 
(DOD) directives, such as illegal war trophies.
    (g) Is for rent, damage, or other payments involving the 
acquisition, use, possession, or disposition of real property or 
interests therein by and for the DA. See Sec.  536.34(m) of this part 
and paragraph 2-15m of DA Pam 27-162.
    (h) Is not in the best interest of the United States, is contrary to 
public policy, or otherwise contrary to the basic intent of the 
governing statute (10 U.S.C. Sec.  2734); for example, claims for 
property loss or damage, or personal injury or death caused by 
inhabitants of unfriendly foreign countries or by individuals considered 
to be unfriendly to the United States.

[[Page 148]]

    (i) Is presented by a national, or a corporation controlled by a 
national, of a country at war or engaged in armed conflict with the 
United States, or any country allied with such enemy country unless the 
appropriate settlement authority determines that the claimant is, and at 
the time of the incident was friendly to the United States. A prisoner 
of war or an interned enemy alien is not excluded from filing a claim 
for damage, loss, or destruction of personal property within the federal 
government's custody if the claim is otherwise payable.
    (j) Is for damages or injury, the claim for which a receiving State 
should adjudicate and pay pursuant to an international agreement, 
subject to waiver by the Commander USARCS. See DA Pam 27-162, paragraph 
3-4a(2), for a discussion of the conditions of waiver.
    (k) Is listed in Sec. Sec.  536.45 and 536.46, except for the 
exclusions listed in Sec. Sec.  536.45(e), (h) and (k). Additionally, 
the exclusions set forth in Sec. Sec.  536.45(a) and (b) do not apply to 
a claim arising incident to noncombat activities.
    (l) Is brought by a subrogee.
    (m) Is covered by insurance on the involved U.S. Armed Forces' 
vehicle or the tortfeasor's privately owned vehicle (POV), in accordance 
with requirements of a foreign country, unless the claim exceeds the 
coverage or the insurer is insolvent. See Sec.  536.139(c).
    (n) Is payable under subpart C of this part or AR 27-20, chapter 11.
    (o) Is brought by or on behalf of a member of a foreign military 
force for personal injury or death arising incident to service, or 
pursuant to combined military operations. Combined military operations 
include exercises and United Nations and North Atlantic Treaty 
Association (NATO) peacekeeping and humanitarian missions. Derivative 
claims arising from these incidents are also excluded.



Sec.  536.139  Applicable law for claims under the Foreign Claims Act.

    (a) Venue of incident and domicile of claimant. In determining an 
appropriate award, apply the law and custom of the country in which the 
incident occurred to determine which elements of damages are payable and 
which individuals are entitled to compensation. However, where the 
claimant is an inhabitant of another foreign country and only 
temporarily within the country in which the incident occurred, the 
quantum of certain elements of damages, such as lost wages and future 
medical care, may be calculated based on the law and economic conditions 
in the country of the claimant's permanent residence. Where the decedent 
is the subject of a wrongful death case, the quantum will be determined 
based on the country of the decedent's permanent residence regardless of 
the fact that his survivors live in the U.S. or a different foreign 
country than the decedent. See Sec.  536.77 for further damages 
guidance.
    (b) Other guidance. The guidance set forth in Sec. Sec.  536.77(b) 
through (d) as to allowable elements of damages is generally applicable. 
Where moral damages, as defined in DA Pam 27-162, paragraph 2-53c(4), 
are permitted, such damages are payable. In some countries it is 
customary to get a professional appraisal to substantiate certain claims 
and pass this cost on to the tortfeasor. The Commander USARCS or the 
chief of a command claims service may, as an exception to policy, permit 
the reimbursement of such costs in appropriate cases. Where feasible, 
claimants should be discouraged from incurring such costs.
    (c) Deductions for insurance. (1) Insurance coverage recovered or 
recoverable will be deducted from any award. In that regard, every 
effort will be made to monitor the insurance aspect of the case and 
encourage direct settlement between the claimant and the insurer of the 
tortfeasor.
    (2) When efforts under paragraph (c)(1) of this section are of no 
avail, or when it otherwise is determined that an insurance settlement 
will not be reasonably available for application to the award, no award 
will be made until the chief of the command claims service or the 
Commander USARCS, has first granted consent. In such cases, an 
assignment of the insured's rights against the insurer will be obtained 
and, in appropriate cases, reimbursement action will be instituted 
against the insurer under applicable procedures.

[[Page 149]]

    (3) If an insurance settlement is not available due to the insurer's 
insolvency or bankruptcy, a report on the bankruptcy will be forwarded 
to the Commander USARCS without delay, setting forth all pertinent 
information, including the alleged reasons for the bankruptcy and the 
facts concerning the licensing of the insurer.
    (d) Deductions for amounts paid by tortfeasor. Settlement 
authorities will deduct from the damages any direct payments by a member 
or civilian employee of the U.S. armed forces for damages (other than 
solatia).



Sec.  536.140  Appointment and functions of Foreign Claims Commissions.

    (a) Claims cognizable under this subpart will be referred to the 
command responsible for claims arising within its geographic area of 
responsibility, including claims transferred by agreement between the 
services involved. The senior judge advocate of a command having a 
command claims service, or his delegee, will appoint a sufficient number 
of Foreign Claims Commissions (FCCs) to dispose of the claims. If there 
is no command claims service, the responsible commander may ask the 
Commander USARCS for permission to establish one. Otherwise, the 
Commander USARCS will appoint a sufficient number of FCCs from personnel 
furnished by the command involved. See Sec.  576.3(d) for more 
information about command claims services.
    (b) The Commander USARCS will appoint all other FCCs to act on all 
other claims, regardless of where such claims arose, unless they arose 
in a country for which single-service responsibility has been assigned 
to another service. FCCs appointed by the Commander USARCS at units 
based in the continental United States (CONUS) may act on any claim 
arising out of such unit's operations. Any FCC operating in, or 
adjudicating claims arising out of, a geographical area within a command 
claims service's jurisdiction, will comply with that service's legal and 
procedural rules.
    (c) An FCC may operate as an integral part of a command claims 
service, which will determine the cases to be assigned to it, furnish 
necessary administrative services, and establish and maintain its 
records. Where an FCC does not operate as part of a command claims 
service, it may operate as part of the office or a division, corps or 
higher command staff judge advocate (SJA), which will perform the 
foregoing functions.
    (d) An appointing authority who appoints or relieves an FCC whom he 
or she has appointed will forward one copy of each order addressing an 
FCC's appointment, relief, or change of responsibility to the Commander 
USARCS. Upon receipt of an initial appointing order, the Commander 
USARCS will assign an office code number to the FCC. Without such a 
number the FCC has no authority to approve or pay claims. See AR 27-20, 
paragraph 13-1.
    (e) Normally, the FCC is responsible for the investigation of all 
claims referred to it, using both the procedures set forth in subpart B 
of this part and any local procedures established by the appointing 
authority or command claims service responsible for the geographical 
area in which the claim arose. Chiefs of a command claims service may 
request assistance on claims investigation within their geographical 
areas from units or organizations other than the FCC. The Commander 
USARCS may make the same request for any claim referred to an FCC 
appointed under his or her authority.
    (f) When an FCC intends to deny a claim, or offer an award less than 
the amount claimed, it will notify in writing the claimant, the 
claimant's authorized agent, or legal representative of the intended 
action on the claim and the legal and factual bases for that action. If 
the FCC proposes a partial award, a settlement agreement should be 
enclosed with the notice. Claimants will be advised that they may either 
accept the FCC action by returning the signed settlement agreement or, 
if dissatisfied with the FCC's action, they may submit a request for 
reconsideration stating the factual or legal reasons why they believe 
the FCC's proposed action is incorrect. This notice serves to give the 
claimant an opportunity to request reconsideration of the FCC action and 
state the reasons for the request before final action is

[[Page 150]]

taken on the claim. When the FCC intends to award the amount claimed, or 
recommend an award equal to the amount claimed to a higher authority, 
this procedure is not necessary. However, a settlement agreement is 
required for all awards, full or partial. See Sec.  536.63(a).
    (1) This notice should be given at least 30 days before the FCC 
takes final action, except on small claims processed pursuant to Sec.  
536.33. The notice should be mailed via certified or registered mail to 
the claimant. The claimant should be informed that any request for 
reconsideration should be addressed to the FCC that took final action, 
and that all materials the claimant wishes the FCC to consider should be 
included with the request for reconsideration.
    (2) An FCC may alter its initial decision based on the claimant's 
response or proceed with the intended action. If the claimant's response 
raises a general policy issue, the FCC may request an advisory opinion 
from the Commander USARCS or the chief of the command claims service 
while retaining the claim for final action at its level.
    (3) Upon completing of its evaluation of the claimant's response, 
the FCC will notify the claimant of its final decision and advise the 
claimant that its action is final and conclusive as a matter of law (10 
U.S.C. 2735), unless the final decision is a recommendation for payment 
above its authority. In that case, the FCC will forward any response 
submitted by the claimant along with its claims memorandum of opinion to 
the approval authority, and will notify the claimant accordingly.
    (4) When an FCC determines that a claim is valued at more than 
$50,000 or all claims arising out of a single incident are valued at 
more than $100,000, the file will be transferred to the Commander USARCS 
for further action; see Sec.  536.143(d)(2). Upon request of the 
Commander USARCS, the FCC may negotiate a settlement, the amount of 
which exceeds the FCC's authority; however, prior approval by a higher 
authority is required.
    (5) Every reasonable effort should be made to negotiate a mutually 
agreeable settlement on meritorious claims. When an agreement can be 
reached, the notice and response provisions above are not necessary. If 
the FCC recommends an award in excess of its monetary authority, the 
settlement agreement should indicate that its recommendation is 
contingent upon approval by higher authority.
    (g) The chief of an overseas command claims service may delegate to 
a one-member FCC the responsibility for the receipt, processing, and 
investigation of any claim, regardless of amount, except those required 
to be referred to a receiving State office for adjudication under the 
provisions of a treaty concerning the status of U.S. forces in the 
country in which the claim arose. If, after investigation, it appears 
that action by a three-member FCC is appropriate, the one-member FCC 
should send the claim to the appropriate three-member FCC with a 
complete investigation report, including a discussion of the applicable 
local law and a recommendation for disposition.



Sec.  536.141  Composition of Foreign Claims Commissions.

    (a) Normally, an FCC will be composed of either one or three 
members. Alternate members of three-member FCCs may be appointed when 
circumstances require, and may be substituted for regular members on 
specific cases by order of the appointing authority. The appointing 
orders will clearly designate the president of a three-member FCC. Two 
members of a three-member FCC will constitute a quorum, and the FCC's 
decision will be determined by majority vote.
    (b) Upon approval by the Commander USARCS and the appropriate 
authority of another uniformed service, the membership may be composed 
of one or more members of another uniformed service. If another service 
has single-service responsibility over the foreign country in which the 
claim arose, that service is responsible for the claim. If requested, 
the Commander USARCS may furnish a JAG officer or claims attorney to be 
a member of another service's FCC.

[[Page 151]]



Sec.  536.142  Qualification of members of Foreign Claims Commissions.

    Normally, a member of an FCC will be either a commissioned officer 
or a claims attorney. At least two members of a three-member FCC must be 
JAs or claims attorneys. In exigent circumstances, a qualified non-
lawyer employee of the armed forces may be appointed to an FCC, subject 
to prior approval by the Commander USARCS. Such approval may be granted 
only upon a showing of the employee's status and qualifications and 
adequate justification for such appointment (for example, lack of 
legally qualified personnel). The FCC will be limited to employees who 
are citizens of the United States. An officer, claims attorney, or 
employee of another armed force will be appointed a member of an Army 
FCC only if approved by the Commander USARCS.



Sec.  536.143  Settlement authority of Foreign Claims Commissions.

    (a) In order to determine whether the claim will be considered by a 
one-member or three-member FCC, the claimed amount will be converted to 
the U.S. dollar equivalent (based on the annual Foreign Currency 
Fluctuation Account exchange rate, where applicable). However, the FCC's 
jurisdiction to approve is determined by the conversion rate on the date 
of final action. Accordingly, if the value of the U.S. dollar has 
decreased, the FCC will forward the recommendation to a higher 
authority, if necessary.
    (b) Payment will be made in the currency of the country in which the 
incident occurred or in which the claimant resided at the time of the 
incident, unless the claimant requests payment in U.S. dollars or 
another currency and such request is approved by the chief of a command 
claims service or the Commander USARCS. However, if the claimant resides 
in another foreign country at the time of payment, payment in an amount 
equivalent to that which would have been paid under the preceding 
sentence may be made in the currency of that third country without the 
approval of the Commander USARCS.
    (c) A one-member FCC may consider and pay claims presented in any 
amount provided a mutually agreed settlement may be reached in an amount 
not exceeding the FCC's monetary authority. A one-member FCC may deny 
any claim when the claimed amount does not exceed its monetary 
authority. Unless otherwise restricted by the appointing authority, a 
one-member FCC who is a JA or claims attorney has $15,000 monetary 
authority, while any other one-member commission has $5,000 monetary 
authority.
    (d) A three-member FCC, unless otherwise restricted by the 
appointing authority, may take the following actions on a claim that is 
properly before it:
    (1) Disapprove a claim presented in any amount. After following the 
procedures in Sec.  536.140, including reconsideration, the disapproval 
is final and conclusive under 10 U.S.C. 2735. The FCC will inform the 
appointing authority of its action. After it takes final action and 
disapproves a claim presented in any amount over $50,000, the FCC will 
forward to the appointing authority the written notice to the claimant 
required by Sec.  536.140(f), any response from the claimant, and its 
notice of final action on the claim.
    (2) Approve and pay meritorious claims presented in any amount. (i) 
Claims paid in full or in part for an amount not exceeding $50,000 will 
be paid after any reconsideration as set forth in Sec.  536.140. This 
action is final and conclusive under 10 U.S.C. 2735.
    (ii) Claims valued at an amount exceeding $50,000, or multiple 
claims arising from the same incident valued at more than $100,000, will 
be forwarded through the appointing authority with a memorandum of 
opinion to the Commander USARCS for action; see DA Pam 27-162, paragraph 
2-60. The memorandum of opinion will discuss the amount for which the 
claimant will settle and include the recommendation of the FCC.
    (e) The Judge Advocate General (TJAG), The Assistant Judge Advocate 
General (TAJAG) and the Commander USARCS, or his or her designee serving 
at USARCS, may approve and pay, in whole or in part, any claim as long 
as the amount of the award does not exceed $100,000; may disapprove any 
claim, regardless of either the amount

[[Page 152]]

claimed or the recommendation of the FCC forwarding the claim; or, if a 
claim is forwarded to USARCS for approval of payment in excess of 
$50,000, refer the claim back to the FCC or another FCC for further 
action.
    (f) Payments in excess of $100,000 will be approved by the Secretary 
of the Army, the Army General Counsel as the Secretary's designee, or 
other designee of the Secretary.
    (g) Following approval where required and receipt of an agreement by 
the claimant accepting the specific sum awarded by the FCC, the claim 
will be processed for payment in the appropriate currency. The first 
$100,000 of any award will be paid from Army claims funds. The excess 
will be reported to the Financial Management Service, Department of the 
Treasury, with the documents listed in DA Pam 27-162, paragraph 2-81.
    (h) If the settlement authority upholds a final offer or authorizes 
an award on appeal from a denial of a claim, the notice of the 
settlement authority's action will inform the claimant that he or she 
must accept the award within 180 days of the date of mailing of the 
notice of the settlement authority's action or the award will be 
withdrawn, the claim will be deemed denied, and the file will be closed 
without future recourse.



Sec.  536.144  Reopening a claim after final action by a Foreign
Claims Commission.

    (a) Original approval or settlement authority (including TAJAG, 
TJAG, Secretary of the Army, or the Secretary's designees). (1) An 
original settlement authority may reconsider the denial of, or final 
offer on a claim brought under the FCA upon request of the claimant or 
the claimants authorized agent. In the absence of such a request, the 
settlement authority may reconsider a claim on its own initiative.
    (2) An original approval or settlement authority may reopen and 
correct action on an FCA claim previously settled in whole or in part 
(even if a settlement agreement has been executed) when it appears that 
the original action was incorrect in law or fact based on the evidence 
of record at the time of the action or subsequently received. For errors 
in fact, the new evidence must not have been discoverable at the time of 
final action by either the Army or the claimant through the exercise of 
reasonable diligence. Corrective action may also be taken when an error 
contrary to the parties' mutual understanding is discovered in the 
original action. If it is determined that the original action was 
incorrect, the action will be modified, and if appropriate, a 
supplemental payment made. The basis for a change in action will be 
stated in a memorandum included in the file. For example, a claim was 
settled for $15,000, but the settlement agreement was typed to read 
``$1,500'' and the error is not discovered until the file is being 
prepared for payment. If appropriate, a corrected payment will be made. 
A settlement authority who has reason to believe that a settlement was 
obtained by fraud on the part of the claimant or the claimant's legal 
representative, will reopen action on that claim and, if the belief is 
substantiated, correct the action. The basis for correcting an action 
will be stated in a memorandum and included in the file.
    (b) A successor approval or settlement authority (including TAJAG, 
TJAG, Secretary of the Army, or the Secretary's designees)--(1) 
Reconsideration. A successor approval or settlement authority may 
reconsider the denial of, or final offer on, an FCA claim upon request 
of the claimant or the claimant's authorized agent only on the basis of 
fraud, substantial new evidence, errors in calculation, or mistake 
(misinterpretation) of law.
    (2) Settlement correction. A successor approval or settlement 
authority may reopen and correct a predecessor's action on a claim that 
was previously settled in whole or in part for the same reasons that an 
original authority may do so.
    (c) Time requirement for filing request for reconsideration. 
Requests postmarked more than five years from the date of mailing of 
final notice will be denied based on the doctrine of laches.
    (d) Finality of action. Action by the appropriate authority (either 
affirming the prior action or granting full or partial relief) is final 
under the provisions of 10 U.S.C. 2735. Action upon request for 
reconsideration constitutes final

[[Page 153]]

administrative disposition of a claim. No further requests for 
reconsideration will be allowed except on the basis of fraud.



Sec.  536.145  Solatia payment.

    Payment of solatia in accordance with local custom as an expression 
of sympathy toward a victim or his or her family is common in some 
overseas commands. Solatia payments are known to be a custom in the 
Federated States of Micronesia, Japan, Korea, and Thailand. In other 
countries, the FCC should consult the command claims service or 
Commander USARCS for guidance. Such payments are not to be made from the 
claims expenditure allowance. These payments are made from local 
operation and maintenance funds. This applies even where a command 
claims service is directed to administer the command's solatia program. 
See, for example, United States Forces Korea Regulation 526-11 regarding 
solatia amounts and procedures.



                  Subpart K_Nonappropriated Fund Claims



Sec.  536.146  Claims against nonappropriated fund employees--generally.

    This subpart sets forth the procedures to follow in the settlement 
and payment of claims generated by the acts or omissions of the 
employees of nonappropriated fund (NAF) activities. NAF activities 
include NAF or Army and Air Force Exchange Service (AAFES) facilities, 
post exchanges, bowling centers, officers and noncommissioned officers' 
clubs, and other facilities located on land or situated in a building 
used by an activity that employs personnel compensated from NAFs.



Sec.  536.147  Claims by NAFI employees for losses incident to employment.

    Claims by employees for the loss of or damage to personal property 
incident to employment will be processed in the manner prescribed by AR 
27-20, chapter 11 and will be paid from NAFs in accordance with Sec.  
536.152.



Sec.  536.148  Claims generated by the acts or omissions of NAFI employees.

    (a) Processing. Claims arising out of acts or omissions of employees 
of NAFI activities will be processed and settled in the manner specified 
for similar claims against the United States, except that payment will 
be made from NAFs in accordance with AR 215-1 (Morale, Welfare, and 
Recreation Activities and Nonappropriated Fund Instrumentalites) and 
Sec.  536.152 of this part.
    (b) Procedural requirements. Procedural requirements of this part's 
pertinent subparts, as stated below, will be followed except as provided 
in Sec. Sec.  536.151 and 536.152. However, when the Nonappropriated 
Fund Instrumentality (NAFI) is protected by a commercial insurer (for 
example, flying and parachute activities), the claim will be referred to 
the insurer as outlined in Sec.  536.148(d). See Department of Defense 
Directive (DODD) 5515.6, dated November 3, 1956, posted on the USARCS 
Web site (see Sec.  536.2(a)).
    (1) Claims arising within the United States, its territories, 
commonwealths, or possessions. Such claims will be processed in the 
manner prescribed by subparts C, D, E, F, H or J of this part, as 
appropriate.
    (2) Claims arising outside the United States, its territories, 
commonwealths, or possessions. Such claims will be processed in 
accordance with the provisions of applicable Status of Forces Agreements 
(SOFAs) or in the manner prescribed by subparts C, D, E, F, H or J of 
this part, as appropriate.
    (c) Reporting and investigation. Such claims will be investigated in 
accordance with AR 215-1 and subpart B of this part.
    (1) Reporting. Personal injury, death, or property damage resulting 
from vehicular collisions, falls, falling objects, assaults, or 
accidents of similar nature will be reported immediately to the person 
in charge of the NAFI or activity at which it occurred. The report 
should be made by the employee who initially received notice of the 
incident, even if the individual involved denies sustaining personal 
injury or property damage. Upon receipt of the report of the incident, 
the person in charge of the NAF activity concerned

[[Page 154]]

will transmit the report to the area claims office (ACO) or claims 
processing office (CPO) for investigation.
    (2) Investigation. Claims arising out of acts or omissions of 
employees of NAF activities will be investigated in the manner set forth 
in subpart B of this part. A determination as to whether the claim is 
cognizable under this section will be made as soon as practicable.
    (d) Customer complaints. AAFES-generated complaints will be handled 
in accordance with Exchange Service Manual 57-2. NAFI-generated 
complaints will be handled in accordance with AR 215-1, chapter 3. 
Complaints generated by appropriated funds laundry and dry-cleaning 
operations will be handled in accordance with AR 210-130, chapter 2. 
Complaints generated by refunds of sales proceeds will be handled in 
accordance with Exchange Operating Procedures (EOP) 57-2.
    (e) Commercial insurance. Certain NAFI activities (such as flying 
and parachute activities, and all AAFES concessionaires) may have 
private commercial insurance.
    (1) A claims investigation under subpart B of this part will not be 
conducted except when the claim's estimated value may exceed the 
insurance policy limits. In that event, the Commander USARCS, will be 
notified immediately and an investigation will be conducted with a view 
to determining whether the United States may be liable under subparts C, 
D, F, H or J of this part. Otherwise, the ACO or CPO will refer the 
claim to the insurer and furnish copies to the USARCS AAO, as required 
in AR 27-20, paragraph 2-12. Assistance will be furnished to the insurer 
as needed. Copies of any other required investigations may be furnished 
to the insurer.
    (2) The claim will be reviewed at key intervals to ensure that 
progress is being made, negotiations are properly conducted, and the 
file is closed. The Commander USARCS will be advised of any problems.
    (3) If requested by either the insurer or NAFI officials, the 
appropriate claims authority will assist in or conduct negotiations.
    (4) Where NAFI vehicles are required to be covered by insurance in 
foreign countries, the insurer will process the claim. However, if the 
policy coverage limit is exceeded or the insurer is insolvent, the claim 
may be processed under subpart G, Sec. Sec.  536.114 through 536.116 
(Claims arising overseas) or, if subpart G does not apply, under 
subparts C or J of this part. See Sec.  536.139(c) for additional 
guidance.



Sec.  536.149  Identification of persons whose actions may generate
liability.

    Claims resulting from the acts or omissions of members of the 
classes of persons listed below may be processed under this section. An 
ACO or a CPO authority will ask the Commander USARCS, for an advisory 
opinion prior to settling any claim where the person whose conduct 
generated the claim does not clearly fall within one of the following 
categories:
    (a) Civilian employees of NAFI activities whose salaries are paid 
from NAFs.
    (b) Active duty military personnel while performing off-duty part-
time work for which they are compensated from NAFIs, not to include 
members who are acting in their capacity as an officer or other official 
of the NAFI.
    (c) Volunteers serving in an official capacity in furtherance of the 
business of the United States, limited to those categories set forth in 
DA Pam 27-162, paragraph 2-45d.



Sec.  536.150  Claims payable from appropriated funds.

    Claims payable from appropriated funds will be processed under the 
appropriate subpart. Appropriated fund payable claims include those 
resulting from:
    (a) Acts or omissions of military personnel while performing 
assigned military duties in connection with NAFI activities.
    (b) Acts or omissions of civilian employees paid from appropriated 
funds in connection with NAFI activities.
    (c) Negligent maintenance of an appropriated funds facility used by 
a NAFI activity but for which the Department of Defense or Department of 
the Army (DA) command concerned is responsible and has been notified of 
the deficiency by the NAF. Where liability

[[Page 155]]

is determined to exist for both a NAFI and an appropriated fund 
activity, liability will be apportioned between the two activities.
    (d) Temporary use of a NAFI facility by an appropriated fund 
activity.
    (e) Operation of government owned or rented vehicles on authorized 
missions for NAFI activities where the driver is a DA soldier or 
civilian employee and is paid from APFs.



Sec.  536.151  Settlement authority for claims generated by acts or
omissions of NAFI employees.

    (a) Settlement. Claims cognizable under this section and processed 
under subparts C, D, E, G, H or J of this part will be settled by claims 
authorities authorized to settle claims under those subparts subject to 
the same monetary and denial authority limitations, except that The 
Judge Advocate General (TJAG), The Assistant Judge Advocate General 
(TAJAG), and the Commander USARCS may settle such claims without regard 
to monetary limitations. However, the approval of the Attorney General 
or Assistant General Counsel may be required for an apportioned amount 
to be paid from APFs when subpart D of this part procedures are used and 
the amount to be paid from APFs exceeds $200,000. Similarly, approval of 
TAJAG, the Attorney General or the Assistant General Counsel is required 
when using procedures under subparts C, F, H, or J of this part and an 
apportioned amount to be paid from APFs exceeds the limits set for the 
Commander, USARCS.
    (b) Finality of settlement. A determination made by a claims 
settlement authority on a claim processed under subpart D of this part 
is subject to suit. A claim processed under subparts C or F of this part 
may be appealed. Claims processed under subparts C, D, E, H, or J of 
this part, or AR 27-20, chapter 11 may be reconsidered in accordance 
with the sections addressing reconsideration in those subparts (or 
paragraphs in the case of Chapter 11).



Sec.  536.152  Payment of claims generated by acts or omissions of
NAFI employees.

    (a) The settlement or approval authority will forward the 
appropriate payment documents to the office listed in DA Pam 27-162, 
paragraph 2-80h, for payment.
    (b) Reimbursement to a foreign country of the United States' pro 
rata share of a claim paid pursuant to an international agreement will 
be made from NAFs.



Sec.  536.153  Claims involving tortfeasors other than nonappropriated
fund employees: NAFI contractors.

    AAFES concessionaires and NAFI contractors, such as entertainment 
performers or groups, carnival operators, and fireworks displayers are 
considered independent contractors and claims arising from their 
activities should be disposed of as set forth in DA Pam 27-162, 
paragraph 2-15f. If a dispute arises as to the availability of liability 
or workers compensation insurance the claims should be referred to AAFES 
Dallas (see address in Sec.  536.30(e)(4)) or the Central Insurance 
Fund, U.S. Army Community and Family Support Agency as applicable.



Sec.  536.154  Claims involving tortfeasors other than nonappropriated
fund employees: NAFI risk management program (RIMP) claims.

    The risk management program (RIMP) is administered by the U.S. Army 
Community and Family Support Center under the provisions of AR 215-1 and 
AR 608-10 (Family Child Care Provider Claims). Providers in order to 
encourage authorized personnel, that is, military and civilian 
employees, to use the family child care program and sports equipment, 
such claims are processed in a manner similar to NAFI claims in 
Sec. Sec.  536.146 through 536.152 of this subpart. Certain claims are 
payable from nonappropriated funds even though the U.S. is not liable 
under the FTCA or the MCA as the tortfeasor is not an appropriated fund 
or nonappropriated fund employee.



Sec.  536.155  Claims payable involving tortfeasors other than
nonappropriated fund employees.

    (a) Non-NAFI RIMP claims can arise from the activities of:
    (1) Members of NAFIs or authorized users of NAFI sports equipment or 
devices for recreational purposes, while

[[Page 156]]

using such property, except real property, in the manner and for the 
purposes authorized by DA regulations and the charter, constitution, and 
bylaws of the particular NAF activity.
    (2) Family child care providers, authorized members of the 
provider's household and approved substitute providers while care under 
the family child care program is being provided in the manner prescribed 
in AR 608-10, except as excluded below. Such claims are generally 
limited to injuries to, or death of, children receiving care under the 
family child care program that are caused by the negligence of 
authorized providers. Claims arising from the transportation of such 
children in motor vehicles and claims involving loss of or damage to 
property are not cognizable.
    (b) An ACO or a CPO will ask the Commander USARCS for an advisory 
opinion prior to settling any non-NAFI RIMP claim where the person whose 
conduct generated liability does not fall clearly within the categories 
listed above. Such authorities may also ask, through the Commander 
USARCS, for an advisory opinion from the U.S. Army Community and Family 
Support Center prior to settling any claim arising under paragraph 
(a)(2) of this section, where it is not clear that the injured or 
deceased child was receiving care within the scope of the family child 
care program.
    (c) Where liability has been determined to exist for both non-NAFI 
RIMP and APF activities, liability will be apportioned between the two 
activities.
    (d) The total payment for all claims (including derivative claims), 
arising as a result of injury to, or death of, any one person is limited 
to $500,000 for each incident. Continuous or repeated exposure to 
substantially the same or similar harmful activity or conditions is 
treated as one incident for purposes of determining the limits of 
liability.



Sec.  536.156  Procedures for claims involving tortfeasors other than
nonappropriated fund employees.

    (a) Reporting. Non-NAFI RIMP claims (regardless of the amount 
claimed) and incidents that could give rise to non-NAFI RIMP claims will 
be reported to USARCS and the Army Central Insurance Fund immediately.
    (b) Investigation. ACOs and CPOs are responsible for the 
investigation of non-NAFI RIMP claims. Such investigation will be 
closely coordinated with program managers responsible for the activity 
generating the claim. Close coordination with USARCS is also required, 
and USARCS will maintain mirror files containing the investigative 
materials of all actual and potential claims.
    (c) Payment. Non-NAFI RIMP claims will be transmitted for payment 
to: The Army Central Insurance Fund, ATTN: CFSC-FM-I, 4700 King Street, 
Alexandria, VA 22302-4406.
    (d) Commercial insurance. The provisions of Sec.  536.148(d) also 
apply to claims arising under this section, except that in claims 
involving family child care providers, a claims investigation will be 
conducted regardless of whether commercial insurance exists.



Sec.  536.157  Settlement/approval authority for claims involving
tortfeasors other than nonappropriated fund employees.

    (a) Settlement authority. TJAG, TAJAG, and the Commander USARCS are 
authorized to approve in full or in part, or deny a non-NAFI RIMP claim, 
regardless of the amount claimed, except where an apportioned amount to 
be paid from APFs exceeds their monetary authority and the action of the 
Attorney General or Assistant General Counsel is required as set forth 
in Sec.  536.151(a).
    (b) Approval authority. (1) The staff judge advocate, Commander or 
chief of a command claims service, and a head of an area claims office 
are authorized to approve in full or in part non-NAFI RIMP claims 
presented in the amount of $50,000 or less, provided the acceptance is 
in full settlement and all claims and potential claims arising out of a 
single incident do not exceed $100,000.
    (2) The above authorities are not delegated authority to deny or 
make a final offer on a claim under this section. Claims requiring such 
action will be forwarded to the Commander USARCS with an appropriate 
recommendation.

[[Page 157]]

    (c) Finality of settlement. A denial or final offer on a non-NAFI 
RIMP claim is final and conclusive and is not subject to reconsideration 
or appeal.



PART 537_CLAIMS ON BEHALF OF THE UNITED STATES--Table of Contents



Sec.
537.1 Statutory authority for non-maritime claims.
537.2 Scope of non-maritime affirmative claims statutes.
537.3 Claims collectible.
537.4 Claims not collectible.
537.5 Applicable law.
537.6 Identification of recovery incidents.
537.7 Notice to USARCS.
537.8 Investigation.
537.9 Assertion.
537.10 Recovery procedures.
537.11 Litigation.
537.12 Settlement authority.
537.13 Enforcement of assertions.
537.14 Depositing of collections.
537.15 Statutory authority for maritime claims and claims involving 
          civil works of a maritime nature.
537.16 Scope for maritime claims.
537.17 Scope for civil works claims of maritime nature.
537.18 Settlement authority for maritime claims.
537.19 Demands arising from maritime claims.
537.20 Certification to Congress.

    Authority: 31 U.S.C. 3711-3720E; 42 U.S.C. 2651-2653; 10 U.S.C. 
1095; 10 U.S.C. 4803-4804; 33 U.S.C. 408.

    Source: 71 FR 69403, Nov. 30, 2006, unless otherwise noted.



Sec.  537.1  Statutory authority for non-maritime claims.

    (a) The Federal Claims Collection Act. The Federal Claims Collection 
Act (FCCA), is set forth at 31 U.S.C. 3711-3720E, as amended by the Debt 
Collection Act of 1982, Public Law 97-365, 96 Stat. 1749 (October 1982), 
Public Law 101-552, 104 Stat. 2746 (November 1990).
    (b) Federal Medical Care Recovery Act. The Federal Medical Care 
Recovery Act (FMCRA) is set forth at 42 U.S.C. 2651-53, as amended by 
the National Defense Authorization Act for Fiscal Year 1997, Public Law 
104-202, section 1075, 110 Stat. 2422.
    (c) Title 10 United States Code Section 1095. 10 U.S.C. 1095, Public 
Law 101-510, section 713, 107 Stat. 1547, 1689 (1993), as amended by 
Public Law 103-160, 104 Stat. 1485 (November 1990).


    Note to Sec.  537.1: All of these statutes may be viewed on the 
USARCS Web site, https://www.jagcnet.army.mil/85256F33005C2B92/
(JAGCNETDocID)/HOME?OPENDOCUMENT. Select the link ``Claims Resources.''



Sec.  537.2  Scope of non-maritime affirmative claims statutes.

    (a) Recovery for government property loss or damage. The FCCA, 
originally passed in 1966, gives federal agencies the authority to 
collect a claim of the United States government for money or property 
arising out of the activities of the agency in question. However, the 
broad authority is limited for purposes of this regulation to claims for 
loss of or damage to property, as the FMCRA takes precedence for medical 
care recoveries.
    (b) Recovery for medical expenses and lost military pay. (1) The 
FMCRA, passed in 1962, authorizes recovery from a third person of the 
expenses for medical care the United States furnishes to a person who is 
injured or suffers a disease when such care is authorized or required by 
law. Likewise the United States is authorized to recover the cost of pay 
for members of the uniformed services unable to perform duties. Recovery 
normally arises out of a third-party tort under local law as to which 
the United States has an independent cause of action.
    (2) Under 10 U.S.C. 1095 the United States is also deemed a third-
party beneficiary or subrogee under an alternative system of 
computations such as workers' compensation; hospital lien laws; contract 
rights under the terms of insurance policies including medical payment 
coverage; uninsured, underinsured and no-fault coverage; and no-fault 
laws.
    (c) Recovery of health insurance. 10 U.S.C. 1095 permits recovery of 
health insurance for medical care furnished at military medical 
treatment facilities (MTFs), including supplemental policies. This 
third-party collection program has been delegated to the Surgeon General 
of the Army by the Judge Advocate General (TJAG).
    (d) Worldwide applicability. The foregoing authorities are worldwide 
in application, except for intergovernmental

[[Page 158]]

claims waived by treaty, for example, North Atlantic Treaty Association 
Status of Forces Agreement (NATO SOFA), Article VIII, paragraph 1.



Sec.  537.3  Claims collectible.

    (a) Claims for medical expenses. Claims for the value of medical 
care furnished to active or retired members of the uniformed services, 
family members of either category, employees of the Department of the 
Army (DA) or Department of Defense (DOD), or other persons to whom care 
was furnished because authorized or required by law and resulting in 
injury, death or disease, including those:
    (1) Arising out of a tort under local law,
    (2) Arising out of an on-the-job injury compensable under workers' 
compensation law except for Federal Employees Compensation Act (FECA) 
recoveries,
    (3) Based on the United States being a third-party beneficiary of 
the insurance contract of the injured party to include medical payment 
coverage, lost wages, as well as uninsured, underinsured, and no-fault 
coverage.
    (b) Claims for lost military pay. Claims for the value of lost pay 
of active members of the uniformed services arising out of a tort under 
local law resulting in injury, death or disease.
    (c) Claims for property loss. Claims arising out of a tort under 
local law for the value of lost or missing DA or DOD property, including 
non-appropriated fund instrumentality (NAFI) property, or for the cost 
of repairs of such property, including damage to assigned quarters, are 
not collectable under 10 U.S.C. 2775. (See Sec.  537.4).



Sec.  537.4  Claims not collectible.

    (a) Where the tortfeasor is a department, agency or instrumentality 
of the United States. (See Sec.  536.27(g) of this chapter).
    (b) Where the tortfeasor is a member of the uniformed services or an 
employee of the DA or DOD, acting within the scope of employment, who 
damages or loses property. See AR 735-5, chapter 13.
    (c) Where the damage or loss of property falls under a contractor 
bill of lading and recovery is pursued by the contracting agency, e.g., 
Surface Deployment and Distribution Command (SDDC), formerly the 
Military Traffic Management Command (MTMC), for lost or destroyed 
shipments.
    (d) Where damage to assigned quarters, or equipment or furnishings 
therein, is collectible from a member of the uniformed services under 10 
U.S.C. 2775.
    (e) Where the medical care is furnished by a Department of Veterans 
Affairs facility to other than active duty members of the uniformed 
services for service-connected disabilities.



Sec.  537.5  Applicable law.

    (a) Basis for recovery. (1) Most recovery assertions are based on 
the negligence or wrongful acts or omissions of the person or entity 
that caused the loss. These actions or omissions must constitute a tort 
as determined by the law of place of occurrence, except in no-fault 
jurisdictions where the no-fault law permits recovery. Where the tort is 
not complete within the jurisdiction where it originally occurred, the 
law of the original jurisdiction is nevertheless applicable. For 
example, if a plane crashes in Virginia due to the negligence of a 
Federal Aviation Administration controller in Maryland, Maryland law 
determines the extent and nature of the tort. However, as to what law of 
damages is applicable, Maryland or Virginia depecage (choice of law) 
theory may apply. For example, if the flight originated in Indiana and 
the destination was Virginia, the conflict law of both Maryland and 
Virginia must be applied. See DA Pam 27-162, paragraph 2-35.
    (2) Recovery assertions based on the United States being a third-
party beneficiary or subrogee are not based on tort, but on the right to 
recover under local law, for example, the right of a third party to 
recover workers' compensation benefits is based on local law. However, 
the right of a third-party beneficiary to recover under an insurance 
contract may turn on whether an exclusionary clause is valid under the 
law of the jurisdiction where the contract was made.
    (b) Statute of limitations. (1) Federal law determines when a 
recovery assertion must be made. Assertions for the

[[Page 159]]

value of medical expenses, lost military pay or property loss or damage 
based on a tort must be made not later than three years from the date of 
accrual, 28 U.S.C. 2415(b). The date of accrual is usually the date of 
the occurrence giving rise to the recovery, for example, the date of 
injury or death for medical expenses and lost military pay or the date 
of damage or loss for a government property assertion. There are 
exceptions. For example, the loss of property in rightful possession of 
another accrues when that person claims ownership or converts the 
property to his own use.
    (2) Recovery assertions based on an implied-in-law contract against 
a no-fault or personal-injury-protection insured must be brought no 
later than six years from the date of accrual, 28 U.S.C. 2415(a), United 
States v. Limbs, 524 F.2d 799 (9th Cir. 1975). The date of accrual is 
usually the date of occurrence.
    (3) Actions asserted on a third-party beneficiary basis against an 
insurer or workers compensation fund must comply with the state notice 
requirement, which varies from one to six years, or the insurer's notice 
requirement set forth in the policy. United States v. Hartford Acci. & 
Indem. Co., 460 F.2d 17 (9th Cir. 1972), cert. den. 409 U.S. 979 (1972).
    (4) The statute of limitations is tolled or does not start running 
until the responsible federal official is notified of the existence of a 
recoverable loss, Jankowitz v. United States, 533 F.2d 538 (D.C. Cir. 
1976), United States v. Golden Acres, Inc., 684 F. Supp. 96 (D. Del. 
1986). The responsible federal official can be the area claims office 
(ACO), the claims processing office (CPO), a command claims service or 
USARCS, depending on who receives the notice under this regulation. 
However, because of the responsibility to notify the MTF or TRICARE 
fiscal intermediary, and by regulation the notice must be expeditious, 
delayed notification could start the statute of limitations running. 
Additionally, when an ACO or CPO discovers the existence of an 
assertion, the statute of limitations will begin to run regardless of 
when the MTF or the TRICARE intermediary sends a notice. The date of 
receipt of a notice must be entered into the affirmative claims 
management program/database (ACMP) and the notice must be date-stamped 
and initialed.



Sec.  537.6  Identification of recovery incidents.

    (a) Responsibilities. Each command claims service and ACO will 
develop means to identify recovery incidents arising in its geographic 
area of responsibility. See Sec. Sec.  536.10 and 536.11 of this chapter 
and paragraph 2-2 of DA Pam 27-162. This requires publication of a 
claims directive to all DOD and Army installations, units and activities 
in its area, emphasizing the importance of reporting serious incidents 
to recovery judge advocates (RJAs) or civilian recovery attorneys.
    (b) Screening procedures. (1) Establish a point of contact in each 
unit and activity in the area of responsibility and screen their sources 
periodically, including motor pools, family housing, departments of 
public works, safety offices, provost marshals, and criminal 
investigation divisions. Review civilian news and police reports, 
military police blotters and reports, court proceedings, line of duty 
and AR 15-6 investigations and similar sources to identify potential 
medical care recovery claims.
    (2) The MTF commander will ensure that the claims office is notified 
of instances in which the MTF provides, or is billed by a civilian 
facility for, inpatient or outpatient care resulting from injuries (such 
as broken bones or burns arising from automobile accidents, gas 
explosions, falls, civilian malpractice, and similar incidents) that do 
not involve collections from a health benefits or Medicare supplemental 
insurer. Claims personnel will coordinate with MTF personnel to ensure 
that inpatient and outpatient records and emergency room and clinic logs 
are properly screened to identify potential cases. The RJA or recovery 
attorney will screen the MTF comptroller records database and division 
records as well as ambulance logs to identify potential medical care 
recovery cases. The RJA or recovery attorney will also coordinate with 
Navy and Air Force claims

[[Page 160]]

offices and MTFs to ensure they identify potential claims involving 
treatment provided to Army personnel.
    (3) The MTF commander will also ensure that the MTF does not release 
billings or medical records, or respond to requests for assistance with 
workers' compensation forms, without coordinating with the RJA or 
recovery attorney.
    (4) The TRICARE fiscal intermediary is required to identify and mail 
certain information promptly to the claims office designated as the 
state point of contact. The fiscal intermediary must mail the TRICARE 
Explanation of Benefits, showing the amount TRICARE paid on the claim 
along with what diagnostic codes were used, and DD Form 2527, Statement 
of Personal Injury. A sample Statement of Personal Injury (DD Form 2527) 
is posted on the USARCS Web site; for the address see the Note to Sec.  
537.1.
    (5) The RJA or recovery attorney will also coordinate with Navy and 
Air Force claims offices and MTFs to ensure they identify potential 
claims involving treatment provided to Army personnel, AR 40-400, 
paragraph 13-5.
    (c) When to open a recovery file. (1) Upon identification of a 
potential recovery incident or upon receipt of a billing from a TRICARE 
Fiscal Intermediary or an MTF, a file will be opened and entered into 
the ACMP by the first ACO or CPO that learns of the event even if 
liability has not been established. Incidents under Navy, Air Force or 
Coast Guard jurisdiction will not be so entered but referred to the 
responsible service. Complete listings of claims/recovery offices 
worldwide are posted on the USARCS Web site; for the address see the 
Note to Sec.  537.1. At the site, select the link ``Claims Resources.'' 
At the next screen, click on ``Tables Listing Claims Offices 
Worldwide.'').
    (2) Army responsibility for affirmative claims is as follows:
    (i) Damage to or loss of real or personal property of the DOD or the 
Army even if located at installations or activities under the 
jurisdiction of other uniformed services.
    (ii) Personal injury to persons whose primary care for an accident-
related injury is furnished at an Army MTF, regardless of the uniformed 
services affiliation of the person or sponsor, but not to those treated 
at another uniformed service's MTF even if the person is an active duty 
Army member.
    (iii) Personal injury to an active duty or retired Army member or a 
family member of either category treated under TRICARE.
    (iv) A lead agency will be established whenever:
    (A) Property damaged or lost belonging to more than one service is 
involved in the same incident.
    (B) Personal injury victims are treated at MTFs of more than one 
service.
    (C) Personal injury victims with affiliations to more than one 
service are treated under TRICARE.
    (D) Lead agencies may be established locally for claims valued at 
$50,000 or less. For claims greater than $50,000 USARCS will be notified 
and will deal with the other service at headquarters level. (See Sec.  
536.32 of this chapter.)



Sec.  537.7  Notice to USARCS.

    Upon receipt of notice of a claim involving either actual or 
potential amounts within USARCS' monetary jurisdiction, that is, where 
final action will be taken by USARCS or the Department of Justice, 
immediate notice will be given to USARCS. Forwarding a copy of the 
serious incident report, discussed in Sec.  536.22(c) of this chapter, 
to USARCS, will meet this requirement. Thereafter, mirror file copies 
will be furnished to USARCS in accordance with AR 27-20, paragraph 2-12. 
This allows for continuous monitoring and discussion between the ACO and 
the USARCS area action officer (AAO).



Sec.  537.8  Investigation.

    (a) Claims over $50,000. Hands-on investigation will be conducted by 
claims personnel as set forth in DA Pam 27-162, Chapter 2, Section IV, 
regardless of the amount of insurance coverage immediately available, 
with a view to discovery of other sources of recovery, for example, 
vehicle defects or improper maintenance, road design and absence of 
warning signs, products liability, medical malpractice in civilian 
treatment facilities. Where the employment

[[Page 161]]

of experts is indicated follow the procedures in Sec.  536.39 of this 
chapter. No attorney representation agreement will be sent to the 
injured party's representative without USARCS approval.
    (b) Claims of $50,000 or less. The amount of hands-on investigative 
effort is directly related to the amount of insurance coverage that the 
tortfeasor possesses and the amount of coverage that the injured party 
has. Where the injured party is represented, request information from 
his lawyer or insurer, in addition to the documents obtained in initial 
screening. The ACO should be able to form an independent opinion as to 
liability based on the investigation of the government and not solely on 
that of the injured party's attorney.
    (c) Claims of $5,000 or less. Small claims procedures are applicable 
to the extent feasible. See Sec.  536.33 of this chapter. Investigation, 
assertion and settlement by e-mail, phone or fax is encouraged. The 
investigation and action should be recorded. DA Form 1668, Small Claims 
Certificate, may be used as a model, modifying it as needed. A sample 
completed Small Claims Certificate is posted at USARCS Web site for the 
address see the Note to Sec.  537.1.
    (d) Relations with injured party. (1) When the injured party becomes 
known and an interview can be conducted locally, all relevant facts will 
be obtained unless the injured party is represented by a lawyer. In this 
latter event, basic information as set forth on DD Form 2527, Statement 
of Personal Injury (a completed sample is posted at the USARCS Web site; 
for the address see the Note to Sec.  537.1) can be obtained without 
violating lawyer-client privilege. If the injured party is not 
immediately available, the information can be obtained by requesting 
assistance from another ACO, a unit claims officer, a reservist or Army 
National Guard (ANG) member, another federal agency, or another means.
    (2) When the injured party is represented, a Health Insurance 
Portability and Accountability Act (HIPAA) medical release form (sample 
posted at the USARCS Web site; see Sec.  537 (b)(4)) permitting USARCS 
to send out the medical records of the injured party for claims 
purposes, will be sent to the injured party's lawyer for completion and 
return.
    (3) When the injured party or his or her lawyer refuses to furnish 
necessary information, it can usually be obtained by other means, for 
example, from an accident report or investigation. A notice will be 
furnished to all parties that the government has been assigned the right 
to bring a claim for the value of medical care furnished, lost pay or 
value of property lost or destroyed, and that the United States has the 
right to bring an independent cause of action. In absence of timely and 
appropriate response, discuss with the AAO to determine what action 
should be taken.



Sec.  537.9  Assertion.

    (a) Asserting demands. If a prima facie claim exists under state 
law, a written demand will be made against all the tortfeasors and 
insurers. This includes demands against the injured party's own 
insurance coverage, no-fault coverage and workers' compensation carrier. 
The earlier the demand the better. A demand will not be delayed until 
the exact amount of medical expenses or lost pay is determined. The 
demand letter will state that the amount will be furnished when known. A 
copy of the demand will be furnished to the injured party or, if 
represented, his lawyer. Two sample demand (or assertion) letters are 
posted at the USARCS Web site (for the address see the Note to Sec.  
537.1). Demand letters are for initial contact with insurance companies. 
One of the posted samples is for a medical assertion for a soldier (that 
includes wages). The other is for a medical assertion for a civilian 
(that does not include wages). Remember the following points when 
asserting demands:
    (1) The fact that the medical expenses have been assigned to the 
United States and as a result the United States has a cause of action in 
federal or state court. All parties will be notified that if the insurer 
pays the amount to another party, the United States has the right to 
collect from the insurer.
    (2) Demands for third-party torts are under the authority of the 
FMCRA; demands where there is no tortfeasor are under the authority of 
10 U.S.C. 1095;

[[Page 162]]

demands for property loss or damage are under the authority of the FCCA.
    (b) Documentation of damages. MTFs are required by AR 40-400, 
Patient Administration, chapter 13 to furnish complete billing documents 
to RJAs.
    (1) TRICARE bills are obtained from the fiscal intermediary 
servicing the ACO. The amounts are based on the amount TRICARE pays and 
not the amount the patient is billed by the provider. TRICARE bills must 
be screened to insure that the care is incident or accident related as 
the demand is limited to that amount.
    (2) MTF bills, both outpatient and inpatient, are obtained from 
either the MTF co-located with the ACO or if another MTF is involved, 
from that MTF, regardless of uniformed service affiliation. Outpatient 
bills include not only the cost of the visit but also the cost of each 
procedure, such as x-rays or laboratory tests. Inpatient billing is not 
based on services rendered but on a diagnostic group. Charges for 
professional inpatient services will be itemized the same as outpatient 
care. Charges for prescription services will be included. Screening to 
ensure that only incident or accident related care is claimed is 
essential. The cost of ambulance services, ground or air, will be 
calculated with MTF assistance and demanded. Burial expenses are 
obtained from the local mortuary affairs office on DD Form 2063, but 
will be demanded only when the insurance coverage includes such 
expenses.
    (3) Lost pay will be obtained from the leave or earnings statement 
or the active duty pay chart for the year or years in question and will 
include special and incentive pay unless the injured service member did 
not receive either due to the length of time off assigned duty. The time 
off duty will be based on the time service members are unable to perform 
duties for which they have been trained (their military occupational 
specialty). It will not be limited to inpatient time. Time in a medical 
holding or convalescent leave will be lost time.
    (4) The amount recoverable for personal property losses is limited 
to its value at the time of loss. Depreciation charts may be used to 
determine the reduction from the value at purchase. Replacement value 
will not be used. Both real and personal property damage will be on the 
value of labor and cost of material including the use of heavy 
equipment. When the cost of repairs is greater than $50,000, 10% 
overhead will be added. This can be substantiated using case law and by 
seeking documentation from the repair facility.
    (c) Double collections prohibited. When the cost of medical care is 
recoverable by the MTF from medical care insurance, both primary and 
supplemental under 10 U.S.C. 1095, an assertion under FMCRA will be 
made, including a demand for lost pay not recoverable out of health 
insurance. While the United States is entitled to recover costs of 
medical care from both the injured parties' medical insurance and from 
the third-party tortfeasor, USARCS policy is not to collect twice. RJAs 
will carefully coordinate with the MTF to insure that double collection 
does not occur. Demand for lost pay should be enforced as it is not 
recoverable from medical care insurance.



Sec.  537.10  Recovery procedures.

    (a) Recovery personnel have three means of enforcing recovery 
following initial assertion.
    (1) Referral to litigation pursuant to Sec.  537.11;
    (2) The head of an ACO should request Chief, Litigation Division, 
OTJAG to have the RJA appointed as a Special Assistant United States 
Attorney when the following criteria are met:
    (i) Filing suit is a frequent necessity, e.g., insurance companies 
are refusing payment on small claims either by raising issues well 
settled or by regularly reducing the amount of medical care as not fair 
and reasonable;
    (ii) The local U.S. Attorney's office is in favor of such 
appointment due to his previous experience with the RJA and the 
additional burden of affirmative claims litigation on his staff;
    (iii) The RJA has at least two years experience and is likely to 
continue in the RJA assignment for at least one year; and
    (iv) Commander USARCS concurs in the appointment and is willing to 
furnish support.

[[Page 163]]

    (3) The RJA may request that the attorney representing the injured 
party include the amount asserted by the United States as part of 
special damages. The injured party's attorney may not represent the 
United States nor may the United States pay attorney fees as this would 
be in violation of 5 U.S.C. 3106. Where indicated, this arrangement 
should be reduced to writing. Be mindful that the attorney's duty to the 
injured party is in conflict with the interests of the United States 
where the amount potentially recoverable is small in comparison to the 
amount asserted by the United States. In this event the RJA should 
pursue recovery independently.
    (b) Careful monitoring of all assertions is required to insure 
timely follow-up resulting in collection or suit where indicated. 
Installation of a suspense system to avoid the expiration of the statute 
of limitations is essential. Recommendations to file suit should be 
forwarded by the RJA well prior to the expiration of the statute of 
limitations. Within six months prior to the running of the statute of 
limitations, USARCS must be notified of the status of the claim or 
potential claim. Follow-up demands should precede filing suit to create 
a written record of efforts to avoid suit. Personal contact with all 
parties is encouraged. When represented, contact the representative.
    (c) Sources other than vehicle liability coverage should be 
exhausted in cases where the amount of the potential recovery exceeds 
$50,000 and the coverage is small. Coordination with USARCS is required. 
USARCS can obtain expert witnesses for medical malpractice cases, 
product liability cases, or other cases in which another tortfeasor may 
be involved.



Sec.  537.11  Litigation.

    (a) If a tortfeasor or insurer refuses to settle, or if an injured 
party's attorney improperly withholds funds, the RJA or recovery 
attorney must consider litigation to protect the interests of the United 
States. Litigation is particularly appropriate if a particular insurer 
consistently refuses to settle claims, or if the government's interests 
are not adequately represented on a claim over $25,000.
    (b) RJAs or recovery attorneys must maintain close contact with 
local U.S. Attorney's Offices to ensure these offices are willing to 
initiate litigation on cases.
    (c) In order to directly initiate or intervene in litigation, an RJA 
or recovery attorney must prepare a litigation report and formally refer 
the case through the Affirmative Claims Branch, USARCS, and the 
Litigation Division, OTJAG (as required by AR 27-40, chapter 5), to the 
U.S. Attorney. While the RJA or recovery attorney, in conjunction with 
the Litigation Division Torts Branch, should attempt to have the U.S. 
Attorney's Office initiate litigation at least six months before the 
expiration of the statute of limitations (SOL), the RJA or recovery 
attorney may contact USARCS telephonically if SOL problems necessitate 
quick action on a case. The RJA or recovery attorney should also contact 
USARCS if a U.S. Attorney is reluctant to pursue an important case. An 
injured party's attorney may represent the government's interest in 
litigation without any special coordination.



Sec.  537.12  Settlement authority.

    (a) Assertions for $50,000 or less--(1) Approval authority. An RJA 
or civilian recovery attorney, if delegated authority by his or her ACO 
or CPO, may compromise a collection on a claim asserted for $50,000 or 
less, unless recovery action is reserved by a command claims service.
    (2) Final action authority. (i) An ACO, or CPO if delegated 
authority by its ACO, may terminate collection action on a claim 
asserted for $50,000 or less, unless action is reserved by a command 
claims service.
    (ii) The foregoing authorities may waive a claim asserted for 
$50,000 or less where undue hardship exists.
    (iii) Determination of amount. The amount of $50,000 is determined 
totaling the amounts for medical care, lost military wages, lost 
earnings or government property damage arising from the same claims 
incident.
    (b) Assertions over $50,000. USARCS retains final authority over 
assertions over $50,000. By use of the mirror file

[[Page 164]]

system and through a dialogue between USARCS and the field during the 
course of the assertion, USARCS will decide whether it or the RJA or 
civilian recovery attorney will conduct the negotiations. To help it 
decide, the RJA or civilian recovery attorney will forward a memorandum 
for either medical or property recovery approval, in the format of the 
samples posted at the USARCS Web site (for the address see the Note to 
Sec.  537.1). USARCS may waive the requirement to submit a memorandum.
    (c) Appeals--(1) Assertion for $50,000 or less. Where the assertion 
is made by an RJA or civilian recovery attorney, the appeal will be 
determined by the SJA, the medical center judge advocate, or head of the 
ACO or CPO. Otherwise, the appeal will be determined by the Commander 
USARCS.
    (2) Assertion over $50,000. Where the assertion is made by a Claims 
Judge Advocate or claims attorney, the appeal will be determined by the 
Commander USARCS.
    (d) Compromise or waiver. Any assertion may be compromised, waived 
or terminated in whole or in part, if for example:
    (1) The cost to collect does not justify the cost of enforcement.
    (2) There is evidence of fraud or misrepresentation.
    (3) The U.S. cannot locate the tortfeasor.
    (4) Legal merit has not been substantiated.
    (5) The statute of limitations has run and the debtor refuses to 
pay.
    (6) Collection of all or part of the amount of funds demanded would 
create inequity. The following criteria apply:
    (i) Detailed information on what funds are available for recovery.
    (ii) Reasonable value of the injured party's claim for permanent 
injury, pain and suffering, decreased earning power, and any other 
special damages.
    (iii) Military, Department of Veterans Affairs, Social Security 
disability, and any other government benefits accruing to the injured 
party.
    (iv) Probability and amount of future medical expenses of the 
government and the injured party.
    (v) Present and prospective assets, income, and obligations of the 
injured party and those dependent on him or her.
    (vi) The financial condition of the debtor.
    (vii) The degree and nature of contributory negligence on the part 
of the injured party in causing his injury or death.
    (viii) The percentage of attorney's fees that his attorney is 
willing to reduce.
    (ix) The willingness of the tortfeasor to enter into an installment 
agreement.
    (e) Releases. The RJA or recovery attorney may execute a release for 
affirmative claims in the pre-litigation stage acknowledging that the 
government has received payment in full of the amount asserted or the 
compromised amount agreed upon, or the final installment payment. The 
format of the release should be similar to the sample posted at the 
USARCS Web site (for the address see the Note to Sec.  537.1). However, 
the RJA or recovery attorney may not execute either an indemnity 
agreement or a release which prejudices the government's right to 
recover on other claims arising out of the same incident without the 
approval of USARCS. In addition, the RJA or recovery attorney may not 
execute a release that purports to release any claim that the injured 
party may have other than for medical care furnished or to be furnished 
by the United States. The RJA or recovery attorney will not execute a 
release if the government's claim is waived or terminated.



Sec.  537.13  Enforcement of assertions.

    Meritorious assertions that do not result in collections should be 
enforced as follows:
    (a) Where the debtor is a business or corporation otherwise 
financially capable the RJA or equivalent should forward a 
recommendation to bring suit or intervene in an existing suit regardless 
of the amount of the debt. As authorized by 28 U.S.C. 3011, the demand 
amount in the complaint shall include an additional 10% of the original 
claimed amount, to cover the administrative costs of processing and 
handling the enforcement of the debt.

[[Page 165]]

    (b) Where the debtor is an individual rather than a business, an 
asset determination should be made both as to existing assets or 
prospective earnings. If the injured party's attorney has made an assets 
search which is reliable, review the search before requesting a new one. 
Such a search can be paid for out of existing collections.
    (1) If the debtor has assets refer to USARCS for transfer to a debt 
collection contractor or an agency debt collection center as determined 
by USARCS.
    (2) If the debtor has no assets, but prospective future earnings, 
RJA may seek a confession of judgment and maintain contact with the 
debtor for future collection where authorized by state law and filing of 
suit is not required. If the amount is less then $5,000, enter into an 
installment payment arrangement.



Sec.  537.14  Depositing of collections.

    (a) Depositing property damage recovery--(1) Machines, supplies, 
watercraft, aircraft, vehicles other than General Services 
Administration-owned. Recovered money must be deposited into the General 
Treasury Account 21R3019. This account remains the same every fiscal 
year. It was established in accordance with 31 U.S.C. 3302(b) and by 
Comptroller General decision B-205508, 64 Comp. Gen. 431.
    (2) Real property. Collection for damage to real property must be 
deposited into an escrow account on behalf of the installation or 
activity at which the loss occurred. This escrow account must be set up 
at the request of the command claims service, ACO or CPO with the local 
finance office or resource management office with responsibility for 
department of engineering and housing or department of public works 
funds. The escrow account must be set up and managed by the department 
of engineering and housing or the department of public works to (1) 
temporarily hold deposits, and (2) to ``roll over'' deposits each fiscal 
year in order to avoid reversion of these deposits to the General 
Treasury at the end of each fiscal year. If the escrow account is not 
set up and managed in this manner it is operating in violation of 10 
U.S.C. 2782.
    (3) NAFI property. The Risk Management Program (RIMP) often 
reimburses local NAFIs for property loss or damage to facilitate return 
of equipment to daily use. When money is recovered from tortfeasors and 
their insurance carriers contact the NAFI involved for instructions on 
the current procedures as to where the recovered money is to be 
forwarded and deposited.
    (4) Army Stock Fund or Defense Business Operations Fund property. 
Monies recovered for damage to property belonging to one of these funds 
will be returned to that fund unless the fund has charged the cost of 
repair or replacement to an appropriated fund account. The Defense 
Business Operations Fund replaced the Army Industrial Fund.
    (5) Government housing in cases of abuse or neglect by soldiers or 
families. Monies recovered for damage to government housing caused by a 
soldier's abuse or negligence (or by a soldier's family member or guest 
of the soldier) will be deposited into that installation's family 
housing operations and maintenance (O&M) account.
    (6) Government housing in cases of negligence by nonresidents. 
Government housing caused by the negligence of a nonresident must be 
asserted against the nonresident directly or through his/her insurer. 
Settlement checks must be deposited into the real property escrow 
account in accordance with 10 U.S.C. 2782.
    (b) Depositing recovery of pay provided to a soldier while 
incapacitated. Monies recovered for the costs of pay provided to a 
soldier injured by the tortious acts of another shall be credited to the 
local O&M account that supports the command, activity, or other unit to 
which the soldier was assigned at the time of the injury.
    (c) Depositing medical care recovery--(1) To a medical treatment 
facility account. Continental U.S. (CONUS) and outside the continental 
U.S. (OCONUS) claims offices, and command claims services, will deposit 
money recovered from an automobile insurer for medical care provided, 
paid for by, in or through an MTF to the O&M account of the Army, Navy, 
or Air Force MTF that provided the care. CONUS and OCONUS claims 
offices, and command

[[Page 166]]

claims services, will deposit money recovered from any payor, under any 
provision of law, for medical care provided or paid for by, in or 
through an MTF into the MTF's O&M account.
    (2) Deposits when TRICARE paid directly for treatment. The account 
in which to deposit affirmative claims recoveries when TRICARE has paid 
directly for the medical treatment is a Defense Health Program (DHP) 
account for reallocation to the services. This replaces the general 
treasury miscellaneous receipts account published in AR 37-100 
(obsolete). Deposit to TRICARE using this new account for recoveries 
pending deposit, and recoveries for any claim settled on or after 
October 1, 2002. Retroactive claims depositing is not necessary.
    (3) Apportionment of medical care recovery between accounts. Claims 
offices will often have to apportion recovered money among different 
accounts.
    (i) Apportioning money between accounts. If care was provided by an 
MTF and paid for by or through the MTF and/or directly by TRICARE and/or 
a unit account for military lost wages if any, and the amount recovered 
is less than the amount asserted, deposit a prorated amount of money 
into each TRICARE account.
    (ii) Apportioning money between two or more medical treatment 
facility accounts. If care was provided by two or more MTFs and the 
claims office recovers less than the amount asserted, the claims office 
should give each MTF a pro rata share of the money recovered. For 
example, if MTF one provided $2,000 worth of care and MTF two provided 
$1,000 worth of care, the claims office will deposit $800 of a $1,200 
recovery to MTF one's account and the remaining $400 to MTF two's 
account. Similarly, if the claims office recovers an amount less than 
that asserted for medical care expenses and costs of pay provided, the 
claims office should give a pro rata share of the money recovered to 
both the MTF and the appropriation account that supports the injured 
soldier's unit.
    (d) Fiscal integrity. Field claims offices must reconcile the 
property damage and medical care recovery accounts with their servicing 
defense accounting office. Field claims offices must ensure that their 
deposits have been credited to the proper accounts and that these 
accounts have not been improperly charged. All accounts must be 
reconciled at the end of the fiscal year.



Sec.  537.15  Statutory authority for maritime claims and claims
involving civil works of a maritime nature.

    (a) The Army Maritime Claims Settlement Act. The sections pertinent 
to maritime affirmative claims are set out at 10 U.S.C. 4803-4804.
    (b) The Rivers and Harbors Act. The section of the Act pertinent to 
affirmative claims involving civil works of a maritime nature is set out 
at 33 U.S.C. 408.



Sec.  537.16  Scope for maritime claims.

    The Army Maritime Claims Settlement Act (10 U.S.C. 4803-4804) 
applies worldwide and includes claims that arise on high seas or within 
the territorial waters of a foreign country.
    (a) 10 U.S.C. 4803 provides for agency settlement or compromise of 
claims for damage to:
    (1) DA-accountable properties of a kind that are within the federal 
maritime jurisdiction.
    (2) Property under the DA's jurisdiction or DA property damaged by a 
vessel or floating object.
    (b) 10 U.S.C. 4804 provides for the settlement or compromise of 
claims in any amount for salvage services (including contract salvage 
and towage) performed by the DA. Claims for salvage services are based 
upon labor cost, per diem rates for the use of salvage vessels and other 
equipment, and repair or replacement costs for materials and equipment 
damaged or lost during the salvage operation. The sum claimed is usually 
intended to compensate the United States for operational costs only, 
reserving, however, the government's right to assert a claim on a 
salvage bonus basis in accordance with commercial practice.
    (c) The United States has three years from the date a maritime claim 
accrues under this section to file suit against the responsible party or 
parties.

[[Page 167]]



Sec.  537.17  Scope for civil works claims of maritime nature.

    Under the River and Harbors Act (33 U.S.C. 408), the United States 
has the right to recover fines, penalties, forfeitures and other special 
remedies in addition to compensation for damage to civil works 
structures such as a lock or dam. However, claims arising under 10 
U.S.C. 4804 are limited to recovery of actual damage to Corps of 
Engineers (COE) civil works structures.



Sec.  537.18  Settlement authority for maritime claims.

    (a) The Secretary of the Army, the Army General Counsel as designee 
of the Secretary, or other designee of the Secretary may compromise an 
affirmative claim brought by the United States in any amount. A claim 
settled or compromised in a net amount exceeding $500,000 will be 
investigated and processed and, if approved by the Secretary of the Army 
or his or her designee, certified to Congress for final approval.
    (b) TJAG, TAJAG, the Commander USARCS, the Chief Counsel COE, or 
Division or District Counsel Offices may settle or compromise and 
receive payment on a claim by the United States under this part if the 
amount to be received does not exceed $100,000. These authorities may 
also terminate collection of claims for the convenience of the 
government in accordance with the standards specified by the DOJ.
    (c) An SJA or a chief of a command claims service and heads of ACOs 
may receive payment for the full amount of a claim not exceeding 
$100,000, or compromise any claim in which the amount to be recovered 
does not exceed $50,000 and the amount claimed does not exceed $100,000.
    (d) Any money collected under this authority shall be deposited into 
the U.S. General Treasury, except that money collected on civil works 
claims in favor of the United States pursuant to 33 U.S.C. 408 ``shall 
be placed to the credit of the appropriation for the improvement of the 
harbor or waterway in which the damage occurred * * *'' (33 U.S.C. 412; 
33 U.S.C. 571).



Sec.  537.19  Demands arising from maritime claims.

    (a) It is essential that Army claims personnel demand payment, or 
notify the party involved of the Army's intention to make such demands, 
as soon as possible following receipt of information of damage to Army 
property where the party's legal liability to respond exists or might 
exist. Except as provided below pertaining to admiralty claims and 
claims for damage to civil works in favor of the United States pursuant 
to 33 U.S.C. 408, copies of the initial demand or written notice of 
intention to issue a demand letter, as well as copies of subsequent 
correspondence, will be provided promptly to the Commander USARCS, who 
will monitor the progress of such claims.
    (b) Subject to limitation of settlement authority, demands for 
admiralty claims and civil works damages in favor of the United States 
pursuant to 33 U.S.C. 408 may be asserted, regardless of amount, by the 
Chief Counsel COE, or his designees in COE Division or District Counsel 
offices.
    (c) Where, in response to any demand, a respondent denies liability, 
fails to respond within a reasonable period, or offers a compromise 
settlement, the file will be promptly forwarded to the Commander USARCS, 
except in those cases in which a proposed compromise settlement is 
deemed acceptable and the claim is otherwise within the authority 
delegated in Sec.  537.18 of this part. Files for admiralty claims and 
civil works claims in favor of the United States pursuant to 33 U.S.C. 
408 will be promptly forwarded to the United States Department of 
Justice.



Sec.  537.20  Certification to Congress.

    Admiralty claims, including claims for damage to civil works in 
favor of the United States pursuant to 33 U.S.C. 408, proposed for 
settlement or compromise in a net amount exceeding $100,000 will be 
submitted through the Commander USARCS to the Secretary of the Army for 
approval and if in excess of $500,000 for certification to Congress for 
final approval.

[[Page 168]]



                     SUBCHAPTER C_MILITARY EDUCATION



                        PARTS 543	544 [RESERVED]

[[Page 169]]



       SUBCHAPTER D_MILITARY RESERVATIONS AND NATIONAL CEMETERIES





PART 552_REGULATIONS AFFECTING MILITARY RESERVATIONS--Table of Contents



Subpart A [Reserved]

                        Subpart B_Post Commander

Sec.
552.18 Administration.
552.19 Hunting and fishing permits.

  Subpart C_Entry Regulations for Certain Army Training Areas in Hawaii

552.25 Entry regulations for certain Army training areas in Hawaii.

        Subpart D_Acquisition of Real Estate and Interest Therein

552.30 Purpose.
552.31 Definitions.
552.32 Authority to acquire real estate and interests therein.
552.33 Estates and methods of acquisition.
552.34 Policies relative to new acquisition.
552.35 Rights-of-entry for survey and exploration.
552.36 Rights-of-entry for construction.
552.37 Acquisition by Chief of Engineers.
552.38 Acquisition of maneuver agreements for Army commanders.
552.39 Acquisition of short-term leases by local commanding officers.

             Subpart E_Solicitation on Military Reservations

552.50 Purpose.
552.51 Applicability.
552.52 Explanation of terms.
552.53 Regulatory requirements.
552.54 Solicitation.
552.55 Restrictions.
552.56 Licensing requirements.
552.57 Authorization to solicit.
552.58 Other transactions.
552.59 Granting solicitation privileges.
552.60 Supervision of on-post commercial activities.
552.61 Products and services offered in solicitation.
552.62 Advertising rules and educational programs.
552.63 ``Cooling off'' period for door-to-door sales.
552.64 Sound insurance underwriting and programing.
552.65 Command supervision.
552.66 Actions required by agents.
552.67 Life insurance policy content.
552.68 Minimum requirements for agents.
552.69 Application by companies to solicit on military installations in 
          the United States, its territories, or the Commonwealth of 
          Puerto Rico.
552.70 Applications by companies to solicit on installations in foreign 
          countries.
552.71 Associations--general.
552.72 Use of the allotment of pay system.
552.73 Minimum requirements for automobile insurance policies.
552.74 Grounds for suspension.
552.75 Factors in suspending solicitation privileges.
552.76 Preliminary investigation.
552.77 Suspension approval.
552.78 ``Show cause'' hearing.
552.79 Suspension action.
552.80 Suspension period.
552.81 Agents or companies with suspended solicitation privileges.
552.82 Exercise of ``off limits'' authority.
552.83 Standards of fairness.

                  Subpart F_Fort Lewis Land Use Policy

552.84 Purpose.
552.85 Applicability.
552.86 References.
552.87 General.
552.88 Responsibilities.
552.89 Activities.
552.90 Permit office.
552.91 Individual permit procedures.
552.92 Group permit procedures.
552.93 Permit deadline and duration.
552.94 Area access procedures.
552.95 Compatible use.
552.96 Violations.
552.97 Communications.

                     Subpart G_Firearms and Weapons

552.98 Purpose.
552.99 Applicability.
552.100 Definitions.
552.101 Prohibitions.
552.102 Requirements for possession and use.
552.103 Requirements for carrying and use.
552.104 Disposition of confiscated/seized weapons.

   Subpart H_Regulation Controlling the Access to the Fort Lewis Main 
Cantonment Area and Prohibiting Certain Conduct Upon Fort Lewis Military 
                               Reservation

552.105 Purpose.
552.106 Applicability.
552.107 References.
552.108 General.
552.109 Routine security controls.

[[Page 170]]

552.110 Requests for exception.
552.111 Severability.

  Subpart I_Physical Security of Arms, Ammunition, and Explosives_Fort 
                            Lewis, Washington

552.112 Purpose.
552.113 References.
552.114 Violations.
552.115 Applicability.
552.116 Privately owned weapons--security.
552.117 Disposition of Commander's Letter of Authorization.
552.118 Issuance from unit arms room.
552.119 Registration and storage.
552.120 Possession and control.
552.121 Possession or retention of prohibited weapons.
552.122 Personnel not authorized to possess or retain personal weapons.
552.123 Storage of personal weapons other than firearms or handguns.
552.124 Transportation of privately owned weapons and ammunition.
552.125 Disposition of confiscated weapons.

Subpart J_Control of Firearms, Ammunition and Other Dangerous Weapons on 
                               Fort Gordon

552.126 Definitions.
552.127 Prohibitions.
552.128 Requirements for possession and use.
552.129 Requirements for carrying and use.
552.130 Disposition of confiscated/seized weapons.

Subpart K [Reserved]

  Subpart L_Prohibited Personnel Practices on the Installation of Fort 
                         Jackson, South Carolina

552.150 Purpose.
552.151 Scope.
552.152 Prohibited practices.
552.153 Dissemination.

Appendix A to Subpart L of Part 552--Partial List of Other Publications 
          Applicable on Fort Jackson Which List Prohibited Practices

 Subpart M_Land Use Policy for Fort Lewis, Yakima Training Center, and 
                             Camp Bonneville

552.160 Purpose.
552.161 References.
552.162 Abbreviations.
552.163 Applicability.
552.164 General.
552.165 Responsibilities.
552.166 Recreational use.
552.167 Activities.
552.168 Fort Lewis Area Access Office.
552.169 Yakima Training Center Area Access Office.
552.170 Camp Bonneville Area Access Office.
552.171 Compatible use.
552.172 Violations.

Appendix A to Subpart M of Part 552--DPCA Recreational Areas in Training 
          Areas
Appendix B to Subpart M of Part 552--Non-Permit Access Routes
Appendix C to Subpart M of Part 552--Authorized Activities for Maneuver 
          Training Area Access
Appendix D to Subpart M of Part 552--Unauthorized Activities in Maneuver 
          Training Areas
Appendix E to Subpart M of Part 552--References
Appendix F to Subpart M of Part 552--Abbreviations

Subparts N-O [Reserved]

 Subpart P_Protests, Picketing, and Other Similar Demonstrations on the 
            Installation of Aberdeen Proving Ground, Maryland

552.211 Purpose.
552.212 Scope.
552.213 Policy.
552.214 Procedures.
552.215 Responsibilities.
552.216 Violations.

Appendix A to Part 552--DPCA Recreational Areas in Training Areas
Appendix B to Part 552--Non-Permit Access Routes
Appendix C to Part 552--Authorized Activities for Fort Lewis Maneuver 
          Area Access
Appendix D to Part 552--Unathorized Activities in Fort Lewis Maneuver 
          Areas

    Authority: 5 U.S.C. 301; 10 U.S.C. 3012, 15 U.S.C. 1601; 18 U.S.C. 
1382; 31 U.S.C. 71; 40 U.S.C. 258a; 41 U.S.C. 14; 50 U.S.C. 797.

Subpart A [Reserved]



                        Subpart B_Post Commander



Sec.  552.18  Administration.

    (a) Purpose. This section outlines the duties and prescribes the 
general authority and general responsibilities of an installation 
commander.
    (b) Applicability. The regulations in this section are applicable to 
installations in the United States, and where appropriate, to oversea 
installations. Oversea commanders should consult with the appropriate 
judge advocate to determine to what extent the provisions of treaties or 
agreements, or the

[[Page 171]]

provisions of local law may make inapplicable, in whole, or in part, the 
provisions of these regulations.
    (c) General. The installation commander is responsible for the 
efficient and economical operation, administration, service, and supply 
of all individuals, units, and activities assigned to or under the 
jurisdiction of the installation unless specifically exempted by higher 
authority. Activities will be designated as ``attached activities'' only 
when specifically designated by higher authority. The installation 
commander will furnish base operation support to all Army tenant 
activities except when the Department of the Army has given approval for 
the tenant to perform base operation functions. Reimbursement for such 
support will be in accordance with applicable regulations.
    (d) Motor vehicle and traffic regulations. See AR 190-5, Motor 
Vehicle Traffic Supervision; AR 190-5-1, Registration of Privately Owned 
Motor Vehicles; AR 190-29, Minor Offenses and Uniform Violation 
Notices--Referred to US District Courts; AR 210-4, Carpooling and 
Parking Controls; AR 230-14, Registration and Licensing of 
Nonappropriated Fund Owned Vehicles; AR 385-55, Prevention of Motor 
Vehicle Accidents; and AR 600-55, Motor Vehicle Driver-Selection, 
Testing, and Licensing. A copy of the above documents may be obtained by 
writing to Headquarters, Department of the Army (DAAG-PAP-W), 
Washington, DC 20314.
    (e) Firearms. The installation commander will publish regulations on 
the registration of privately owned firearms. See AR 608-4, Control and 
Registration of War Trophies and War Trophy Firearms. A copy of the 
above document may be obtained by writing to Headquarters, Department of 
the Army (DAAG-PAP-W), Washington, DC 20314.
    (f) Entry, exit, and personal search. The installation commander 
will establish rules that govern the entry into and exit from the 
installation and the search of persons and their possessions as listed 
in paragraphs (f) (1), (2), and (3) of this section.
    (1) The installation commander may direct authorized guard 
personnel, while in the performance of assigned duty, to search persons 
(including military personnel, employees, and visitors), and their 
possessions (including vehicles) when entering, during their stay, or 
when leaving facilities for which the Army has responsibility. These 
searches are authorized when based on probable cause that an offense has 
been committed or on military necessity. Instructions of commanders 
regarding searches should be specific and complete. When the person to 
be searched is a commissioned officer, or a warrant officer, the search 
should be conducted in private by or under the supervision of a 
commissioned officer, unless such is precluded by the exigencies of the 
situation. When the person to be searched is a noncommissioned officer, 
the search should be conducted in private by or under the supervision of 
a person of at least equal grade, unless such is precluded by the 
exigencies of the situation. If the situation precludes search by or 
under the supervision of an officer (or noncommissioned officer, as 
appropriate), the person conducting the search will notify a responsible 
commissioned officer (or noncommissioned officer, as appropriate), as 
soon as possible. Persons who are entering the installation should not 
be searched over their objection, but they may be denied the right of 
entry if they refuse to consent to the search. All persons entering 
facilities should be advised in advance (by a prominently displayed 
sign, AR 420-70, (Buildings and Structures)), that they are liable to 
search when entering the installation, while within the confines of the 
installation, or when leaving (AR 190-22, Search, Seizure and 
Disposition of Property). A copy of the above documents may be obtained 
by writing to headquarters, Department of the Army (DAAG-PAP-W), 
Washington, DC 20314.
    (2) The installation commander may authorize and control hunting and 
fishing on a military installation under installation rules in 
accordance with applicable Federal, State, and local laws and Army 
regulations, and in harmony with cooperative plans with appropriate 
State and Federal conservation agencies (AR 420-74, Natural Resources--
Land, Forest, and Wildlife Management). To detect violations of

[[Page 172]]

these rules, special guards may be posted and authorized to search 
persons (or possessions, including vehicles of individuals), based on 
military necessity. The installation commander may eject violators of 
game laws or post regulations and prohibit their reentry under 18 U.S.C. 
1382. Violations of State laws which apply to military reservations 
according to the provisions of section 13, title 18, U.S.C. 
(Assimilative Crimes Acts), may be referred to the United States 
Magistrate in accordance with AR 190-29, Minor Offenses and Uniform 
Violation Notices--Referred to United States District Courts. Reports of 
violations of game laws will be reported to Federal or State 
authorities. An installation commander may not require membership in a 
voluntary sundry fund activity as a prerequisite to hunting and fishing 
on the installation. Accounting for the collection and spending of fees 
for hunting and fishing permits is outlined in chapter 12, AR 37-108, 
General Accounting and Reporting for Finance and Accounting Offices. A 
copy of the above documents may be obtained by writing to Headquarters, 
Department of the Army (DAAG-PAP-W), Washington, DC 20314.
    (3) When the installation commander considers that the circumstances 
warrant its use, DA Form 1818 (Individual Property Pass), will be used 
to authorize military and civilian personnel to carry Government or 
personal property onto an installation or to remove it from an 
installation.
    (4) Commanders will establish procedures to ensure than when blind 
persons are otherwise authorized to enter military facilities, their 
accompanying seeing-eye or guide dogs will not be denied entry. Such 
facilities include, but are not limited to: Cafeterias, snack bars, 
AAFES exchanges, retail food sales stores, medical treatment facilities, 
and recreational facilities. Seeing-eye or guide dogs will remain in 
guiding harness or on leash and under control of their blind masters at 
all times while in the facility. For purposes of safety and to prevent 
possible agitation of military police working dogs, seeing-eye or guide 
dogs will not be allowed in or around working dog kennels and 
facilities.
    (g) Official Personnel Register. DA Form 647 (Personnel Register), 
is a source document that will be used at the lowest level of command 
having responsibility for strength accounting. The official register 
will be used for registering military personnel on arrival at or on 
departure from Army installations on permanent change of station, leave, 
or temporary duty. DA Form 647 may also be used for recording passes, 
visitors, etc. Registration of visists of less than 12 hours will be at 
the discretion of the commander except that registrations will be 
required when visits are at a place where United States troops are on 
duty in connection with a civil disorder.
    (h) Outside employment of DA Personnel. See paragraph 2-6, AR 600-50 
Standards of Conduct for Department of the Army Personnel. A copy of 
this document may be obtained by writing to Headquarters, Department of 
the Army (DAAG-PAP-W), Washington, DC 20314.
    (i) Preference to blind persons in operating vending stands. As used 
in paragraphs (i) (1), (2), and (3) of this section, the term ``vending 
stand'' includes shelters, counters, shelving, display and wall cases, 
refrigerating apparatus, and other appropriate auxiliary equipment 
necessary for the vending of merchandise. The term ``vending machine'' 
means any coin-operated machine that automatically vends or delivers 
tangible personal property.
    (1) The installation commander will give preference to blind persons 
when granting permission to civilians to operate vending stands on 
installations where stands may be operated properly and satisfactorily 
by blind persons licensed by a State agency. Legal authority for such 
action is contained in the Randolph-Sheppard Vending Stand Act (20 
U.S.C. 2-107 et seq.). Commanders will cooperate with the appropriate 
State licensing agency in selecting the type, location, or relocation of 
vending stands to be operated by licensed blind persons, except that 
preference may be denied or revoked if the commander determines that--
    (i) Existing security measures relative to location of the vending 
stand or to the clearance of the blind operator cannot be followed.

[[Page 173]]

    (ii) Vending stand standards relating to appearance, safety, 
sanitation, and efficient operation cannot be met.
    (iii) For any other reasons which would adversely affect the 
interests of the United States or would unduly inconvenience the 
Department of the Army. Issuance of such a permit will not be denied 
because of loss of revenue caused by granting a rent-free permit for 
operating a vending stand to a blind person. However, the permit will 
not be granted if in the opinion of the responsible commander such 
action would reduce revenue below the point necessary for maintaining an 
adequate morale and recreation program. The commander should consider 
the fact that funds derived from certain nonappropriated fund activities 
such as post exchanges, motion picture theaters, and post restaurants 
are used to supplement appropriated funds in conducting the morale and 
recreation program.
    (2) The preference established in paragraph (i)(1) of this section 
will be protected from the unfair or unreasonable competition of vending 
machines. No vending machine will be located within reasonable proximity 
of a vending stand that is operated by a licensed blind person if the 
vending machine vends articles of the same type sold at the stand, 
unless local needs require the placement of such a machine. If such is 
the case, the operation of, and income from the machine, will be assumed 
by the blind vending stand operator.
    (3) So far as is practicable, goods sold at vending stands that are 
operated by the blind will consist of newspapers, periodicals, 
confections, tobacco products, articles that are dispensed automatically 
or are in containers or wrappings in which they were placed before they 
were received by the vending stand, and other suitable articles that may 
be approved by the installation commander for each vending stand 
location.
    (4) If the commanders and State licensing agencies fail to reach an 
agreement on the granting of a permit for a vending stand, the 
revocation or modification of a permit, the suitability of the stand 
location, the assignment of vending machine proceeds, the methods of 
operation of the stand, or other terms of the permit (including articles 
which may be sold), the State licensing agency may appeal the 
disagreement, through channels, to the Secretary of the Army. Appeals 
will be filed by State licensing agencies with the installation 
commander who will conduct a complete investigation and will give the 
State licensing agency an opportunity to present information. The report 
of investigation with the appeal will be forwarded through channels to 
Headquarters, Department of the Army (DAPE-ZA), Washington, DC 20310, as 
soon as possible. A final decision by the Secretary of the Army will be 
rendered within 90 days of the filing of the appeal to the installation 
commander. Notification of the decision on the appeal and the action 
taken will be reported to the State licensing agency, the Department of 
Health, Education, and Welfare, and the Department of Defense (Manpower, 
Reserve Affairs, and Logistics).
    (j) [Reserved]
    (k) Request from private sector union representatives to enter 
installations. (1) When labor representatives request permission to 
enter military installations on which private contractor employees are 
engaged in contract work to conduct union business during working hours 
in connection with the contract between the government and the 
contractor by whom union members are employed, the installation 
commander may admit these representatives, provided--
    (i) The presence and activities of the labor representatives will 
not interfere with the progress of the contract work involved; and
    (ii) The entry of the representatives to the installation will not 
violate pertinent safety or security regulations.
    (2) Labor representatives are not authorized to engage in organizing 
activities, collective bargaining discussions, or other matters not 
directly connected with the Government contract on military 
installations. However, the installation commander may authorize labor 
representatives to enter the installation to distribute organizational 
literature and authorization cards to employees of private contractors, 
provided such distribution does not--

[[Page 174]]

    (i) Occur in working areas or during working times;
    (ii) Interfere with contract performance;
    (iii) Interfere with the efficient operation of the installation; or
    (iv) Violate pertinent safety or security considerations.
    (3) The determination as to who is an appropriate labor 
representative should be made by the installation commander after 
consulting with his/her labor counselor or judge advocate. Nothing in 
this regulation, however, will be construed to prohibit private 
contractors' employees from distibuting organizational literature or 
authorization cards on installation property if such activity does not 
violate the conditions enumerated in paragraph (k)(2) of this section. 
Business offices or desk space for labor organizations on the 
installation is not authorized to be provided for solicitation of 
membership among contractors' employees, collection of dues, or other 
business of the labor organization not directly connected with the 
contract work. The providing of office or desk space for a contractor is 
authorized for routine functions by the working steward whose union 
duties are incidental to his/her assigned job and connected directly 
with the contract work.
    (4) Only the installation commander or a contracting officer can 
deny entry to a labor representative who seeks permission to enter the 
installation in accordance with paragraph (k) of this section. If a 
labor representative is denied entry for any reason, such denial will be 
reported to the Labor Advisor, Office of the Assistant Secretary of the 
Army (IL&FM), Washington, DC 20310. This report will include the reasons 
for denial, including--
    (5) The provisions of paragraphs (k), (1), (2), (3), and (4) of this 
section on organizations representing private contractors' employees 
should be distinguished from activities involving organization and 
representation of Federal civilian employees. See CPR 711 for the 
functions, duties and obligations of an installation commander regarding 
Federal civilian employee unions.
    (l) Publication of telephone directories. See chapter 5, AR 105-23. 
A copy of this document may be obtained by writing to Headquarters, 
Department of the Army (DAAG-PAP-W), Washington, DC 20314.
    (m) Observance of labor laws on military installations. (1) 
Installation and activity commanders will ensure that all his/her 
employers on the installation or activity are apprised of their 
obligation to comply with Federal, State, and local laws, including 
those relating to the employment of child labor. When an employer who is 
operating on the installation or activity is responsible to an authority 
other than the installation or activity commander, the commander will 
direct that the authority's representative apprise the employer of his/
her obligations regarding labor law. This applies to employers in all 
activities, including nonappropriated fund activities established as 
Federal instrumentalities according to AR 230-1, Nonappropriated Fund 
System, concessionaires of such activities, and other private employers. 
A copy of the above document may be obtained by writing to Headquarters, 
Department of the Army (DAAG-PAP-W), Washington, DC 20314.
    (2) Installation commander will cooperate fully with state or other 
governmental officials who bring to their attention complaints that 
children are employed on military installations or reservations under 
conditions that are detrimental to their health, safety, education, and 
well-being.
    (n) Hitchhiking. Hitchhiking is prohibited by the Army. This does 
not preclude acceptance of offers of rides voluntarily made by 
individuals or properly accredited organizations nor does it preclude 
the use of properly authorized and established share-the-ride or similar 
stations which may be sanctioned by local military authorities. For 
personal safety, personnel should exercise caution at facilities, for 
example, by accepting rides only from persons they know or by traveling 
in groups. Similarly, drivers should use discretion when offering rides 
to personnel at share-the-ride stations. Drivers are prohibited from 
picking up hitchhikers.
    (o) Employment of civilian food service personnel. See AR 30-1, The 
Army Food Service Program. A copy of this document may be obtained by 
writing to

[[Page 175]]

Headquarters, Department of the Army (DAAG-PAP-W), Washington, DC 20314

[44 FR 7948, Feb. 8, 1979, as amended at 45 FR 73037, Nov. 4, 1980]



Sec.  552.19  Hunting and fishing permits.

    All permits to hunt, catch, trap, or kill any kind of game animal, 
game or nongame bird, or to fish on a military reservation or the waters 
thereof will be issued by the commanding officer.

[13 FR 6058, Oct. 15, 1948]



  Subpart C_Entry Regulations for Certain Army Training Areas in Hawaii



Sec.  552.25  Entry regulations for certain Army training areas in Hawaii.

    (a) Purpose. (1) This regulation establishes procedures governing 
the entry onto certain Army training areas in Hawaii as defined in 
paragraph (d) of this section.
    (2) These procedures have been established to prevent the 
interruption of the use of these Army training areas by any person or 
persons. The continued and uninterrupted use of these training areas by 
the military is vital in order to maintain and to improve the combat 
readiness of the U.S. Armed Forces. In addition, conditions exist within 
these training areas which could be dangerous to any unauthorized 
persons who enter these areas.
    (b) Applicability. The procedures outlined in this regulation apply 
to all individuals except for soldiers and Army civilians of the United 
States who in performance of their official duties enter the training 
areas defined in paragraph (d) of this section.
    (c) References. Related publications are listed below:
    (1) Executive Order No. 11166 of 15 August 1964. (3 CFR, 1964-1965 
Comp., pp 219-220).
    (2) Executive Order No. 11167 of 15 August 1964. (3 CFR, 1964-1965 
Comp., pp 220-222).
    (3) Title 18, United States Code, section 1382.
    (4) Internal Security Act of 1950, section 21 (50 U.S.C. 797).
    (d) Definition. For the purpose of this regulation, ``certain Army 
training areas in Hawaii'' are defined as follows:
    (1) Makua Valley, Waianae, Oahu, Hawaii: That area reserved for 
military use by Executive Order No. 11166 (paragraph (c)(1) of this 
section).
    (2) Pohakuloa Training Area, Hawaii: That area reserved for military 
use by Executive Order No. 11167 (paragraph (c)(2) of this section).
    (e) Procedures. (1) Except for soldiers and Army civilians of the 
United States in the performance of their duties, entry onto Army 
training areas described in paragraph (d) of this section for any 
purpose whatsoever without the advance consent of the Commander, United 
States Army Support Command, Hawaii, or his authorized representative, 
is prohibited (paragraph (c)(3) and (c)(4) of this section).
    (2) Any person or group of persons desiring the advance consent of 
the Commander, United States Army Support Command, Hawaii, shall, in 
writing, submit a request to the following address: Commander, USASCH, 
ATTN: Chief of Staff, Fort Shafter, Hawaii 96858-5000.
    (3) Each request for entry will be considered on an individual basis 
weighing the operational and training commitments of the area involved, 
security, and safety with the purpose, size of party, duration of visit, 
destination, and the military resources which would be required by the 
granting of the request.
    (f) Violations. (1) Any person entering or remaining upon any 
training area described in paragraph (d) without the advance consent of 
the Commander, USASCH, or his authorized representative, shall be 
subject to the penalties prescribed by paragraph (c)(3) of this section, 
which provides in pertinent part: ``Whoever, within the jurisdiction of 
the United States, goes upon any military, naval * * * reservation, 
post, fort, arsenal, yard, station, or installation, for any purpose 
prohibited by law or lawful regulation * * * shall be fined not more 
than $500.00 or imprisoned not more than 6 months or both.''
    (2) Moreover, any person who willfully violates this regulation is 
subject to a fine not to exceed $5,000.00 or imprisonment for not more 
than 1 year or both as provided in paragraph (c)(4) of this section.

[[Page 176]]

    (3) In addition, violation of this regulation by persons subject to 
the Uniform Code of Military Justice (10 U.S.C. 801-940) is a violation 
of Article 92 of the Uniform Code of Military Justice.

[52 FR 44393, Nov. 19, 1987]



        Subpart D_Acquisition of Real Estate and Interest Therein

    Source: 22 FR 9284, Nov. 21, 1957, unless otherwise noted.



Sec.  552.30  Purpose.

    The regulations in Sec. Sec.  552.30 to 552.39 set forth the 
authority, policy, responsibility, and procedure for the acquisition of 
real estate and interests therein, for use for military purposes by the 
Department of the Army. The regulations of Sec. Sec.  552.30 to 552.39 
do not apply to Civil Works Projects which are under the supervision of 
the Chief of Engineers.



Sec.  552.31  Definitions.

    As used in Sec. Sec.  552.30 to 552.39, the following definitions 
apply:
    (a) Real estate. Real estate includes lands and interests therein, 
leaseholds, standing timber, buildings, improvements, and appurtenances 
thereto owned by the United States and under the control of the 
Department of the Army. It also includes piers, docks, warehouses, 
rights-of-way, and easements, whether temporary or permanent, and 
improvements permanently attached to and ordinarily considered real 
estate. It does not include machinery, equipment, or tools which have 
not been affixed to or which have been severed or removed from any such 
lands or buildings or may be so severed or removed without destroying 
the usefulness of the structures.
    (b) Installation. An installation is real estate and the 
improvements thereon which is under the control of the Department of the 
Army, at which functions of the Department of the Army are carried on, 
and which has been established by order of the Department of the Army. 
Real estate and the improvements thereon utilized by posts, camps, 
airfields, hospitals, depots, arsenals, industrial facilities, 
cemeteries, etc., generally will be designated as an installation where 
located separately, but where located contiguously or on the same 
reservation the combined property will usually be designated as one 
installation and the separate functions will be designated as activities 
at that installation. As used in the regulations in Sec. Sec.  552.30 to 
552.39, the term ``installation'' will include installations, 
subinstallations, and separate locations housing an activity.
    (c) Subinstallation. A subinstallation is real estate and the 
improvements thereon which is under the control of the Department of the 
Army, at which functions of the Department of the Army are carried on, 
and which has been assigned as a subinstallation by Department of the 
Army authority. Subinstallations are attached to installations for 
command and administrative purposes, although they are located 
separately.
    (d) Activity. An activity is a function or a group of related 
functions which may be carried on at an installation, a subinstallation, 
or a separate location which has not been designated as a Department of 
the Army installation or subinstallation.
    (e) Command installation. A command installation is any installation 
of the Department of the Army, including nonmanufacturing arsenals, 
primarily used or useful for activities of the Army other than for the 
production of materiel, munitions, or supplies.
    (f) Industrial installation. Any unit of real property under control 
of the Department of the Army (including structures on land owned by or 
leased to the United States, substantially equipped with production 
utilities and maintenance machinery, tools, equipment, and including 
housing and other supporting facilities built as an integral part of the 
installation) designed for the production of equipment, supplies, or 
materials for military use; or for the processing, production, or 
manufacturing of components of such items.
    (g) Lease. A lease is a conveyance of an interest in real estate for 
a term of years, revocable at will, or as otherwise provided in the 
instrument in consideration of a return of rent.
    (h) License. A license is a bare authority to do a specified act or 
acts

[[Page 177]]

upon the land of the licensor without possessing or acquiring any estate 
therein.
    (i) Easement. An easement is a conveyance of an interest in real 
estate for the purpose or purposes specified in the grant.



Sec.  552.32  Authority to acquire real estate and interests therein.

    While the Federal Government has the inherent power to acquire land 
for its constitutional purposes, this power can be exercised only at the 
discretion of Congress (Van Brocklin v. Tennessee, 117 U.S. 151; 29 L. 
Ed. 845; 6 S. Ct. 670). No land shall be purchased on account of the 
United States, except under a law authorizing such purchase (R. S. 3736; 
41 U.S.C. 14). No real estate not in Federal ownership shall be acquired 
by a military department, except as such acquisition is or shall be 
expressly authorized by law (section 501(b), Act July 27, 1954; Pub. L. 
534, 83d Congress; 68 Stat. 560).



Sec.  552.33  Estates and methods of acquisition.

    (a) Title to non-Government-owned real estate will be by purchase, 
condemnation, donation (when the authorization act specifies donation), 
and exchange (when the authorization act specifies exchange).
    (b) Easements in non-Government-owned real estate are the same as in 
paragraph (a) of this section.
    (c) Licenses in non-Government-owned real estate are generally by 
donation, although a nonrevocable license might be acquired by purchase.
    (d) Leaseholds in non-Government-owned real estate will be by 
negotiation or condemnation. Leaseholds may give the Government 
exclusive use or may give the Government co-use with the owner for 
specific purposes.
    (e) Jurisdiction over Government-owned real estate will be by 
transfer, reassignment, withdrawal, and reservation.
    (f) Permits to use Government-owned real estate will be by 
instrument issued by another Government department or agency. Although 
in the nature of a license (may be revocable or nonrevocable), the 
instrument is designated as a ``permit'', since it relates to 
Government-owned real estate, to distinguish it from a ``license'' 
relating to non-Government-owned real estate.
    (g) Recapture of use of former Government-owned real estate which 
was disposed of subject to a ``National Security Clause,'' a ``National 
Emergency Clause,'' or a similar provision will be by letter from the 
Chief of Engineers to the owner of the property, based upon a directive 
from the Secretary of the Army or his designee.
    (h) Revestment of title to former Government-owned real estate which 
was disposed of subject to a reverter provision, such as a ``National 
Defense Purpose Clause'' will be by letter to the owner by the official 
of the department designated in the conveyance by the Government.
    (i) Procurement of options on real estate which is ``suitable and 
likely to be required'' in connection with a military public works 
project, prior to express authorization by law for the acquisition of 
said real estate will be by negotiation.
    (j) Extinguishment of third party interests in lands owned or 
controlled by the United States, such as outstanding oil, gas, and other 
mineral rights; grazing rights; timber rights; water rights; and 
easements for rights-of-way for highways, railroads, power lines, 
communication lines, water lines, and sewer lines will be the same as 
prescribed in paragraph (a) of this section. Payment for extinguishment 
of grazing rights or licenses on public domain or other property owned 
by or under the control of the United States is made pursuant to Act 
July 9, 1942; 56 Stat. 654; as amended by Act May 28, 1948; 62 Stat. 
277; and as further amended by Act October 29, 1949; 63 Stat. 996 (43 
U.S.C. 315q and r).



Sec.  552.34  Policies relative to new acquisition.

    (a) Present holdings inadequate for essential mission. No request to 
acquire real estate by transfer from Navy or Air Force or from another 
Government agency, or by purchase, lease or condemnation will be 
considered or approved unless it is established that:
    (1) The activity to be accommodated is essential to an assigned 
mission.

[[Page 178]]

    (2) Real property under the control of the Army is inadequate to 
satisfy these requirements.
    (3) No real property under the control of the Navy or Air Force or 
other Federal agencies is suitable and available for use by the Army on 
a permit or joint use basis.
    (b) Order of priority for method of acquisition. If the activity 
qualifies as essential to an assigned mission but the need cannot be 
filled by the use of other Army property or other Federal property on a 
permit or joint use basis, the following alternatives will be considered 
in the order listed:
    (1) Donation or long-term nominal rental lease.
    (2) Transfer from Navy or Air Force. Acquisition of lands excess to 
the requirements of other military departments.
    (3) Recapture of use.
    (4) Public Domain. Withdrawal from the public domain for military 
use. (Pub. L. 85-337, Feb. 28, 1958 (72 Stat. 28) requires that an Act 
of Congress be obtained to withdraw, reserve, or restrict for defense 
purposes more than 5,000 acres of the public domain.)
    (5) Acquisition by exchange. Exercise of existing authorities for 
the exchange of Government-owned real property for non-Government-owned 
real property that is by type or location adaptable to the military 
need.
    (6) Transfer from other Federal agencies. Acquisition of lands 
excess to the requirement of Federal agencies other than military 
departments.
    (7) Acquisition by purchase, lease or condemnation.
    (c) Current requirements given preference. In considering the use of 
Army real property by another military department, current requirements 
will, in the absence of unusual circumstances, be given preference over 
future needs and mobilization requirements. If the current requirement 
will not continue through mobilization, care must be exercised to avoid 
modification of the property in a manner that would prevent its timely 
return to the holding department to meet the mobilization requirement. 
If it is contemplated that the current requirement will continue through 
mobilization, the property may be modified as required and the 
mobilization plans of the military departments concerned should be 
changed accordingly.
    (d) Firm requirements and minimum acquisition. Requirements in each 
individual case will be firmly determined and only the minimum amount of 
property necessary will be acquired.
    (e) Factors considered insufficient justification for acquisition by 
lease. Desirability of location in an urban area, reduced travel time 
for employees or business representatives, nominal savings in 
transportation costs, environmental considerations (such as noise or 
traffic), or desirability of single unit offices instead of split 
locations in close proximity will not be considered sufficient 
justification for acquiring leased space or facilities when Government-
owned property is available. For exceptions, see paragraph (f) of this 
section.
    (f) Special location considerations. Acquisition of title or a 
leasehold interest in real property may be justified where it is 
demonstrated that the function to be accommodated is an essential 
activity and the geographic location thereof in other than Government-
owned space is vital to the accomplishment of the assigned mission. 
Examples that may fall in this group are recruiting stations (exclusive 
of kindred examining and induction units), airbases, air defense sites, 
and sites for construction of facilities for Reserve Components of the 
Armed Forces.
    (g) Army Reserve training sites. In general, title to lands will not 
be acquired for exclusive use as training sites. Training sites will be 
acquired by one of the following means in the order listed:
    (1) Use of lands under the control of the Department of the Army 
regardless of the agency maintaining jurisdiction, to include class II 
and industrial installations and other Reserve Component facilities, see 
title 10 U.S.C. 2331 and 2237.
    (2) Use of reservoir lands of Civil Works Projects. By informal 
agreement with the Resident Engineer or Manager (when training 
activities do not involve exclusive use, construction, or destruction of 
vegetation) or by permit from the District Engineer (for other 
activities when such activities

[[Page 179]]

are compatible with the operation and maintenance of the project and 
will not endanger the use by the general public of public access areas).
    (3) Use of lands, by permit or otherwise, under the control of the 
other military departments.
    (4) Use of lands by permit of other Government-owned land, including 
the public domain.
    (5) Use by license or nominal rental lease of local, county, or 
State-owned public lands.
    (6) Use of privately owned land by short-term co-use lease under the 
authority granted in Sec.  552.39.
    (7) Use of non-Government-owned land by lease.
    (8) Acquisition of lands excess to the requirements of the other 
military departments.
    (9) Acquisition of lands excess to the requirements of Federal 
agencies other than the military departments.
    (10) Acquisition of the non-Government-owned land.
    (11) As a rule of thumb, lands will not be acquired for training 
from any source when the value of the land exceeds that of rural farm 
land in the area.
    (h) Public notice and release of information relative to proposed 
real estate acquisitions. It is the policy of the Department of the Army 
to give notice to the public and to release information to the public as 
early as possible (at the site selection stage) and as completely as 
possible, consistent with existing regulations. Even though opposition 
may develop in some cases because of early release of information as to 
proposed acquisitions, application of this policy should more often 
result in favorable public relations, general public support of proposed 
acquisitions, and material assistance in the selection of sites which 
will fulfill the military requirement and still have the least impact on 
the civilian economy. This policy will permit consideration of public 
preferences in the establishment of military facilities. Section 302 of 
the Act of July 14, 1960; Pub. L. 86-645, which is applicable to 
military as well as water resources public works projects, provides for 
dissemination of information on large new installations.
    (1) Restrictions relating to Agency Budget Estimates and 
Presidential Budget Recommendations. Bureau of the Budget Circular No. 
A-10, as revised, places restrictions on disclosure of Agency Budget 
Estimates and Presidential Budget Recommendations. It provides that 
budget recommendations and estimates are administratively confidential 
until made public through formal transmittal of the budget to Congress. 
Public notice and release of information relative to proposed real 
property acquisitions will, therefore, exclude any information as to 
whether the proposed acquisition has been included in a pending budget 
not yet formally transmitted to the Congress or is to be included in a 
future budget. Public notice and release of information will be on the 
basis of ``advance planning.''
    (2) General application and exceptions. Non-Government-owned real 
property generally is acquired by negotiations, based on its fair market 
value as established by Government appraisal and regardless of who the 
owner is, how much the owner paid for the property, and how long the 
owner has owned the property. For this reason, public notice and release 
of information should not tend normally to increase the value of the 
land involved or create speculation therein. Experience has proved that 
interest of the Government in specific real property normally tends to 
discourage trafficking therein. Though normally the release of 
information should not result in subsequent disadvantage to the 
Government, information will not be released in any specific case where 
it might have that result. AR 345-15 applies to the acquisition of real 
property only in those instances in which the release of advance 
information on proposed plans might provide undue discriminatory 
advantage to private or personal interests.
    (3) Application to Army Reserve facilities. During the preliminary 
site selection stage for Army Reserve facilities, the Army commander's 
representative will contact responsible local public officials to 
explain the nature of the proposed facility and to obtain their 
concurrence in the Army's acquisition and use of the site tentatively 
selected. Such a statement, including the names and titles of officials 
contacted, will be

[[Page 180]]

furnished by the Army commander to the District Engineer for inclusion 
in the Real Estate Planning Report. Release of information on Army 
Reserve centers will be made only by an authorized representative of the 
Army commander.
    (i) Use of unappropriated and nonnavigable water. It is the policy 
of the Department of the Army to utilize unappropriated and nonnavigable 
water upon or under lands under jurisdiction in such a manner as is 
consonant with the purposes of water laws which have been enacted by the 
several States.
    (j) Permanent construction. If permanent construction, defined as 
that which produces a building suitable and appropriate to serve a 
specific purpose for a maximum period of time (at least 25 years) and 
with a minimum of maintenance, is to be constructed by the Government, 
the Government must either hold or acquire title to the land (inclusive 
of all mineral rights and improvements) or a permanent easement 
interest, with the following exceptions:
    (1) Right of reuse by exercise of National Security Clause. 
Property, including land or buildings, over which the Government 
currently holds the right of reuse by exercise of the National Security 
Clause.
    (2) Right of reuse by exercise of National Emergency Use Provision. 
Property, including land or buildings, over which the Government holds 
the right of reuse by exercise of a National Emergency Use Provision. 
Inasmuch as such rights inure to the Government only during the period 
or periods of national emergency as may be declared by the President or 
the Congress and are extinguished by the termination thereof, every 
effort will be made to negotiate a lease covering such property under 
terms that would provide for the right of continuous possession by the 
Government for a minimum of 25 years.
    (3) Rights-of-way. Property required as a site for installation of 
utility lines and necessary appurtenances thereto, provided a long-term 
easement or lease can be secured at a consideration of $1 per term or 
per annum.
    (4) Airbase. Property required for airbases, provided such property 
can be acquired by lease containing provisions for:
    (i) Right of continuous use by the Government under firm term or 
right of renewal, for a minimum of 50 years.
    (ii) A rental consideration of $1 per term or per annum.
    (iii) Reserving to the Government title to all improvements to be 
placed on the land and the right to dispose of such improvements by sale 
or abandonment.
    (iv) Waiver by the lessor of any and all claims for restoration of 
the leased premises.
    (v) Use of the property for ``Government purposes'' rather than for 
a specific purpose.
    (5) Reserve Components facilities. Property required for facilities 
for the Reserve Components of the Armed Forces, provided such property 
can be acquired by lease containing provisions detailed in paragraphs 
(j)(4) (i), (ii), (iii), and (iv) of this section. When possible the 
insertion in a lease of provision restricting the use of the land to a 
specific purpose will be avoided; use of a term as ``Government 
purposes'' should be employed whenever possible.
    (6) Air defense sites. Property required for air defense sites 
provided such property can be acquired by lease containing provisions 
detailed in paragraphs (j)(4) (i), (ii), and (iv) of this section and in 
addition thereto a right of continuous use by the Government under a 
firm term or right of renewal for as long as required for defense 
purposes.
    (7) Exception by Assistant Secretary of Defense (Installations and 
Logistics). Where leases (for airbases, facilities for Reserve 
Components of the Armed Forces, or air defense sites) can be obtained 
containing some but not all of the above-listed provisions or where 
leases (for all other types of installations upon which permanent 
construction is to be placed by the Government) can be obtained 
containing similar provisions and it is considered to be to the best 
interest of the Government to acquire a lesser interest than fee title, 
it will be necessary to obtain approval from the Assistant Secretary of 
Defense (Installations and Logistics) prior to placing permanent 
construction thereon.

[[Page 181]]

    (8) Construction projects not in excess of $25,000. Construction 
projects estimated to cost not in excess of $25,000 will not be 
considered as permanent construction for purposes of applying the above 
policy.
    (9) Industrial installations. See paragraph (l) of this section.
    (k) No permanent construction. Where temporary construction or no 
construction is to be placed by the Government, acquisition of a lesser 
interest (leasehold, easement, license, as appropriate) will generally 
be considered to be in the best interest of the Government, with the 
following exceptions:
    (1) Cost of construction. Where any proposed temporary construction 
to be placed by the Government has an estimated cost equal to or in 
excess of the current market value of the property.
    (2) Rent plus restoration. Where the calculated period of required 
use is of sufficient duration that the sum expended for rentals over 
this period plus restoration, if required, would exceed 50 percent of 
the current market value of the property. (Apply calculated period of 
required use or 20 years, whichever is less.)
    (3) Easement costing 75 percent of fee value. Where the cost of 
acquiring an easement right exceeds 75 percent of the current fair 
market value of the property.
    (l) Industrial installations--(1) Definitions. Industrial facilities 
as used herein are defined as plants, buildings, utilities, 
improvements, and additions and appurtenances thereto used for military 
production and related purposes, including testing and development. 
Nonseverable industrial facilities as used herein are defined as 
industrial facilities located on other than Government-owned land, and 
which, after erection or installation, cannot be removed without 
substantial loss of value or damage thereto, or to the premises where 
installed.
    (2) Policy. Industrial facilities will be located on land owned by 
the Government or in which the Government has a permanent, disposable 
interest. Nonseverable industrial facilities will be located on land in 
which the Government has a disposable interest equal in term to the 
estimated useful life of the facilities, unless the Head of a Procuring 
Activity, with consideration to any nonrecoverable costs involved, 
determines that such location is not feasible. If the Head of a 
Procuring Activity makes this determination, he may authorize the 
location of such facilities on other land, provided:
    (i) The estimated useful life of the facilities will not extend 
beyond the contract under which the facilities are installed or the 
completion of the work for which the facilities are provided; or
    (ii) The contractor agrees to purchase the facilities upon the end 
of the facilities contract at the acquisition cost of the facilities, 
less depreciation; or
    (iii) The Secretary approves other provisions as being in the 
interest of national defense.
    (iv) If location on land in which the Government does not have a 
disposable interest, as above set out, is authorized under paragraphs 
(l)(2)(i), (ii), or (iii) of this section, the Government must have the 
right to abandon the facilities in place, with no obligation to restore 
or rehabilitate the facilities or the premises on which they are 
located.
    (m) Commercial and industrial type facilities--(1) Policy. Privately 
owned or Government-owned and privately operated commercial and 
industrial type facilities will be used to the greatest extent 
practicable, recognizing the basic military necessity for integrated, 
self-sustaining units responsible to command and the necessity for 
operating anywhere in the world. It is the policy of the Department of 
the Army not to engage in the operation of industrial or commercial type 
facilities unless it can be demonstrated that it is necessary for the 
Government itself to perform the required work or service.
    (2) Definition. Commercial and industrial type facilities are 
defined as those devoted to an activity which normally might be 
performed by private industry (except commissaries, post exchanges, and 
nonappropriated fund activities) including, but not limited to, 
warehouses, motor repair shops, bakeries, laundries, and drycleaning 
facilities.
    (n) Department of Defense policy relative to liaison with Governor 
of Commonwealth of Puerto Rico. By letter dated August 19, 1953, the 
Secretary of Defense informed the Governor of the

[[Page 182]]

Commonwealth of Puerto Rico that the Department of Defense would 
establish liaison with the Governor to coordinate all military 
requirements for land acquisition in Puerto Rico. By memorandum dated 
August 19, 1953, the Secretary of Defense instructed that such liaison 
would be established under the direction of the Department of the Army, 
in coordination with the other interested services. On September 8, 
1953, the Department of the Army requested the Commander in Chief, 
Caribbean Command, to establish such liaison. Liaison is being 
maintained locally between the Commandant of the Caribbean Sea Frontier 
and the Chairman of the Puerto Rico Planning Board. The liaison applies 
to the proposed acquisition of title or any interest in land which is 
other than (Federal) Government-owned land. In all cases, liaison action 
will be initiated during the advance planning or site selection stages. 
The purpose is to give Puerto Rican officials advance notice of military 
real property requirements and to give them an opportunity to suggest 
suitable alternatives in an effort to improve public relations with 
Puerto Rican officials, landowners, and the general public.

[27 FR 6140, June 29, 1962]



Sec.  552.35  Rights-of-entry for survey and exploration.

    (a) Voluntary. Where it is necessary to enter upon non-Government-
owned real estate during site selection, particularly for the purpose of 
conducting topographic surveys and test borings, the appropriate 
division or district engineer will negotiate rights-of-entry for survey 
and exploration. The instrument is in the nature of a license which does 
not convey an interest in land but precludes the entry from being a 
trespass. Since the entry is for a limited purpose and for a relatively 
short period of time, the landowner is not offered rental for the 
privileges requested. Where the landowner insists upon payment for the 
privileges requested, district engineers are authorized to negotiate 
short-term co-use leases, within the limits of existing regulations.
    (b) Involuntary. Where rights-of-entry for survey and exploration or 
short-term co-use leases cannot be negotiated, the right-of-entry may be 
obtained through the institution of proceedings for the condemnation of 
a short-term co-use leasehold interest. This action is taken only where 
it can be shown that the entry is imperative and that it is impossible 
to negotiate a voluntary right-of-entry or short-term co-use lease.



Sec.  552.36  Rights-of-entry for construction.

    (a) When authorized. Rights-of-entry for construction will be 
obtained by the district engineer only after a real estate directive or 
authorization to lease has been issued and then only when the 
construction schedule does not allow sufficient time to complete 
negotiations for an option to purchase or for a lease, as appropriate.
    (b) Involuntary. Where a right-of-entry for construction cannot be 
negotiated, under the circumstances set forth in paragraph (a) of this 
section, a right-of-entry will be obtained through the institution of 
proceedings for the condemnation of fee title, an easement interest, or 
a leasehold interest, as appropriate.



Sec.  552.37  Acquisition by Chief of Engineers.

    (a) Statutory authority. The Chief of Engineers, under the direction 
of the Secretary of the Army, is charged with the acquisition of all 
real estate for the use of the Department of the Army (10 U.S.C. 3038).
    (b) Scope of responsibility. This authority is exercised by the 
Chief of Engineers, acting for the Secretary of the Army, in the 
acquisition of all real estate and interests therein for the use of the 
Department of the Army in continental United States, Territories, 
possessions, and the Commonwealth of Puerto Rico.
    (c) Delegated authority. The Chief of Engineers or his duly 
authorized representative has authority to approve, for the Secretary of 
the Army:
    (1) Fee, easement, and license acquisitions which do not exceed 
$5,000 for any one parcel and which constitute small tracts of 
additional land needed in connection with projects for which

[[Page 183]]

final Department of the Army, Department of Defense, and/or 
Congressional approval has been obtained, or which constitute rights-of-
way for roads, railroads, and utility lines necessary to the 
construction, maintenance, and operation of an approved project.
    (2) Leasehold acquisition where the estimated annual rental for any 
single leasehold does not exceed $25,000 and the acquisition is not 
controversial, unusual, or inconsistent with Department of Army 
policies.
    (3) Renewal or extension of leaseholds.
    (4) Acquisition by permit of the right to use real property of 
another Government department or agency, except as to ``general 
purpose'' space from the General Services Administration and the Post 
Office Department and all space in the metropolitan District of Columbia 
area.
    (d) Minor boundary changes. The Chief of Engineers, in accomplishing 
acquisition in accordance with Department of Defense and Department of 
the Army policies and with real estate directives and authorizations to 
lease issued by the Secretary of the Army or his designee, is authorized 
to make minor boundary changes to avoid severance damages, by including 
or excluding small tracts of land which will not decrease the usefulness 
of the area for the purpose for which it is being acquired.
    (e) Responsibility for all negotiations. To avoid any possibility of 
misunderstanding by property owners and resultant embarrassment to the 
Department of the Army, under no circumstances will commitments be made 
either by negotiation or by dissemination of information to property 
owners, by any authority other than the Chief of Engineers. This is not 
intended to restrict the public notice and release of general 
information as set forth in Sec.  552.34(h).
    (f) Approval of title. The written opinion of the Attorney General, 
in favor of the validity of the title, will be obtained for any site or 
land purchased by the United States. Unless expressly waived by the 
pertinent authorization act or other act of Congress, this opinion will 
be obtained prior to the expenditure of public money upon such site or 
land (section 355, as amended, of the Revised Statutes; 50 U.S.C. 175) 
except:
    (1) Easements acquired for military purposes. (By agreement with the 
Attorney General, his opinion is obtained only in acquiring easements at 
a cost in excess of $100.)
    (2) Leases and licenses.
    (3) Jurisdiction of Government-owned land by transfer or use of 
Government-owned land by permit.
    (g) Furnishing title evidence. The Chief of Engineers, acting under 
the authority of the Secretary of the Army, will procure any evidence of 
title required by the Attorney General. The expense of procurement, 
except where otherwise authorized by law or provided by contract, may be 
paid out of the appropriations for the acquisition of land or out of the 
appropriations made for the contingencies of the Department of the Army 
(section 355, as amended, of the Revised Statutes; 50 U.S.C. 175).
    (h) Condemnation--(1) General. Fee title, easements, or leasehold 
interests may be acquired by the exercise of right of eminent domain 
through the institution of condemnation proceedings. These proceedings 
are instituted in the United States District Courts by the Attorney 
General, based upon requests from the Secretary of the Army. Normally, 
condemnation proceedings are instituted only after agreement cannot be 
reached with landowners or other parties in interest as to the value of 
the real property or interest therein to be acquired by the Government; 
where there are title defects which do not permit acquisition by 
purchase or lease, as appropriate; or where construction schedules or 
occupancy dates do not allow the Chief of Engineers sufficient time to 
conduct normal negotiations for options to purchase or lease.
    (2) Vesting of title or other interest in the United States. Under a 
condemnation proceeding, title, or other interest condemned vests in the 
United States upon entry of final judgment in the proceeding. Where it 
is necessary to have title or other interest vested in the United States 
at an earlier date, a Declaration of Taking, signed by the Secretary of 
the Army, may be filed in the proceeding, with the petition or at

[[Page 184]]

any time before final judgment. Upon the filing of the Declaration of 
Taking and deposit in the court of the amount of estimated compensation, 
title or other interest condemned vests in the United States (Act of 
February 26, 1931; 46 Stat. 1421; 40 U.S.C. 258a).

[22 FR 9284, Nov. 21, 1957, as amended at 27 FR 6142, June 29, 1962]



Sec.  552.38  Acquisition of maneuver agreements for Army commanders.

    (a) Authorization. After a maneuver is authorized by the Department 
of the Army, the Army commander will select the specific areas desired 
for use.
    (b) Real estate coverage. Real estate coverage will be in the form 
of agreements with landowners, granting the right to conduct maneuvers 
at a given time or periodically. Short-term leases for exclusive use may 
also be acquired for special areas (such as headquarters areas, radio 
relay sites, base camp sites, field hospital sites, and supply dumps) 
and buildings needed for warehouses, ordnance shops and similar purposes 
directly related to the maneuver. Permits will also be obtained to cover 
the use of lands under the jurisdiction of another Government department 
or agency.
    (c) Responsibility for negotiation and restoration. The appropriate 
division or district engineer will be responsible for negotiating 
maneuver agreements and short-term leases and, after the maneuver is 
completed, will be responsible for negotiating restoration settlements 
and/or releases, as appropriate.



Sec.  552.39  Acquisition of short-term leases by local commanding officers.

    Local commanding officers are authorized, without approval by higher 
authority, to make leases of camp sites, buildings, and grounds, for 
troops; office and storage space for small detachments; garage or 
parking space; space for recruiting stations; and land or space for 
similar purposes, provided:
    (a) Funds are available to the local commanding officer,
    (b) Rental consideration conforms to the prevailing rate in the 
locality,
    (c) The premises are to be occupied not longer than 3 months or in 
the case of Reserve training sites, not more than 90 days per year,
    (d) Rental for the entire period of occupancy does not exceed $500, 
and
    (e) Clearance is made with the General Services Administration, 
where required.

[22 FR 9284, Nov. 21, 1957, as amended at 23 FR 10536, Dec. 31, 1958]



             Subpart E_Solicitation on Military Reservations

    Authority: Sections 552.50 through 552.83 issued under 15 U.S.C. 
1601.

    Source: 45 FR 73037, Nov. 4, 1980, unless otherwise noted.



Sec.  552.50  Purpose.

    This regulation--
    (a) Prescribes general policy on the solicitation and sale of all 
goods, services, and commodities, including all types of insurance, on 
military installations. These are sold or solicited by dealers, 
tradesmen, and their agents.
    (b) Prescribes procedures for suspension of solicitation privileges.
    (c) Prescribes policies and procedures for investigative and 
enforcement actions.
    (d) Permits representatives of credit unions, banks, and approved 
non-profit associations to conduct national educational programs on--
    (1) Insurance, estate planning, savings, and budgeting, and
    (2) The protection and remedies afforded consumers under the Truth-
in-Lending Act.



Sec.  552.51  Applicability.

    (a) This regulation applies to--
    (1) All Department of the Army military and civilian personnel, 
including Army National Guard and Army Reserve personnel on active duty 
or annual training.
    (2) Individuals seeking to conduct commercial solicitation on 
military installations, including controlled housing areas. They will 
also be governed by regulations and controls of the local commander and, 
in overseas areas, by regulations of the unified or specified commander. 
They must also observe applicable laws, regulations, and agreements of 
the host country.

[[Page 185]]

    (b) The provisions of this regulation do not apply to--
    (1) Commercial companies that furnish services to military 
installations (such as deliveries of milk, bread, and laundry) when they 
are authorized by the installation commander.
    (2) An individual who sells his own personal property or privately 
owned dwelling.



Sec.  552.52  Explanation of terms.

    (a) Agent. Anyone who solicits the ordering or purchasing of goods, 
services, or commodities in exchange for money. ``Agent'' includes an 
individual who receives remuneration as a salesman for an insurer or 
whose remuneration is dependent on volume of sales or the making of 
sales.
    (b) Solicitation. The conduct of any private business, including the 
offering and sale of insurance on a military installation, whether 
initiated by the seller or the buyer. (Solicitation on installations is 
a privilege as distinguished from a right, and its control is a 
responsibility vested in the installation commander, subject to 
compliance with applicable regulations.)
    (c) Door-to-door solicitation. A sales method whereby an agent 
proceeds randomly or selectively from household to household without 
specific prior appointments or invitations. Door-to-door solicitation is 
not permitted on Army installations.
    (d) Specific appointment. A prearranged appointment that has been 
agreed upon by both parties and is definite as to place and time.
    (e) Insurer. Any company or association engaged in the business of 
selling insurance policies to Department of Defense (DOD) personnel.
    (f) Insurance carrier. An insurance company issuing insurance 
through an association or reinsuring or coinsuring such insurance.
    (g) Insurance policy. A policy or certificate of insurance issued by 
an insurer or evidence of insurance coverage issued by a self-insured 
association.
    (h) DOD personnel. Unless stated otherwise, such personnel means all 
active duty officer and enlisted members, and civilian employees of the 
Armed Forces. This includes Government employees of all the offices, 
agencies, and departments carrying on functions on a Defense 
installation, including non-appropriated fund instrumentalities.



Sec.  552.53  Regulatory requirements.

    Commanders may issue regulations governing solicitation within their 
commands and on their installations. These regulations will avoid 
discriminatory requirements which could eliminate or restrict 
competition. When there is a clear need to prescribe more restrictive 
requirements for solicitation than those in this regulation or the 
regulations of the major commander, these additional requirements or 
restrictions must first be reviewed and confirmed by The Adjutant 
General Center (DAAG-PSI), or by the overseas commander.



Sec.  552.54  Solicitation.

    The installation commanders may permit solicitation and transaction 
of commercial business on military installations. These solicitations 
and transactions must conform to installation regulations (CONUS and 
overseas) and must not interfere with military activities. No person may 
enter an installation and transact commercial business as a matter of 
right.



Sec.  552.55  Restrictions.

    To maintain discipline; protect property; and safeguard the health, 
morale, and welfare of his personnel, the installation commander may 
impose reasonable restrictions on the character and conduct of 
commercial activities. Members of the Armed Forces must not be subjected 
to fraudulent, usurious, or unethical business practices. Reasonable and 
consistent standards must be applied to each company and its agents in 
their conduct of commercial transactions on the installation.



Sec.  552.56  Licensing requirements.

    To transact personal commercial business on military installations 
in the United States, its territories, and the Commonwealth of Puerto 
Rico, individuals must present, on demand, to the installation 
commander, or his designee, documentary evidence that the company and 
its agents meet the licensing requirements of the State in which the 
installation is located. They

[[Page 186]]

must also meet any other applicable regulatory requirements imposed by 
civil authorities (Federal, State, county, or municipality). For ease of 
administration, the installation commander will issue a temporary permit 
to agents who meet these requirements.



Sec.  552.57  Authorization to solicit.

    (a) Solicitation must be authorized by the installation commander. A 
specific appointment must be made with the individual and must be 
conducted in family quarters or in other areas designated by the 
installation commander. Before issuing a permit to solicit, the 
commander will require and review a statement of past employment. The 
commander will also determine, if practicable, whether the agent is 
employed by a reputable firm.
    (b) Certain companies seeking solicitation privileges on military 
installations may arrange personal demonstrations of their products at 
social gatherings and advise potential customers on their use. If these 
added services are provided, even though the merchandise sold by these 
companies is similar to that stocked by the post exchange, the 
installation commander may authorize solicitation privileges. Requests 
for this type of solicitation privilege will be coordinated with the 
local Army and Air Force Exchange Service representative. See paragraph 
3-2, Army Regulation 60-10.



Sec.  552.58  Other transactions.

    Commercial transactions with other than individuals (such as 
nonappropriated fund activities) are restricted to the office of the 
custodian of the specific fund activity. Business will be conducted 
during normal duty hours.



Sec.  552.59  Granting solicitation privileges.

    (a) Authorizations (permits) to solicit on Army installations will 
be in writing and will be valid for periods of 1 year or less.
    (b) Particular caution must be taken when granting solicitation 
permission. The impression that permission is official indorsement or 
that the Department of the Army favors, sponsors, or recommends the 
companies, agents, or the policies offered for sale must not be 
conveyed. As continuing policy, the Department of the Army does not 
indorse any seller or product.



Sec.  552.60  Supervision of on-post commercial activities.

    (a) General. (1) Installation commanders will ensure that all agents 
are given equal opportunity for interviews, by appointment, at the 
designated areas.
    (2) DOD personnel will not act in any official or business capacity, 
either directly or indirectly, as liaison with agents to arrange 
appointments.
    (3) Home address of members of the command or unit will not be given 
to commercial enterprises or individuals engaged in commercial 
solicitation, except when required by Army Regulation 340-17 and Army 
Regulation 340-21. The written consent of the individual must be 
obtained first.
    (b) Hours and location for solicitation. (1) Military personnel and 
their dependents will be solicited individually, by specific 
appointment, and at hours designated by the installation commander or 
his designee. Appointments will not interfere with any military duty. 
Door-to-door solicitation without a prior appointment, including 
solicitation by personnel whose ultimate purpose is to obtain sales 
(e.g., soliciting future appointments), is prohibited. Solicitors may 
contact prospective clients initially by methods such as advertising, 
direct mail, and telephone.
    (2) Commanders will provide one or more appropriate locations on the 
installation where agents may interview prospective purchasers. If space 
and other factors dictate limiting the number of agents who may use 
designated interviewing areas, the installation commander may publish 
policy covering this matter.
    (c) Regulations to be read by solicitors. A conspicuous notice of 
installation regulations will be posted in a form and a place easily 
accessible to all those conducting on-post commercial activities. Each 
agent authorized to solicit must read this notice and appropriate 
installation regulations. Copies will be made available on 
installations.

[[Page 187]]

When practicable, as determined by the installation commander, persons 
conducting on-base commercial activities will be furnished a copy of the 
applicable regulations. Each agent seeking a permit must acknowledge, in 
writing, that he has read the regulations, understands them, and further 
understands that any violation or noncompliance may result in suspension 
of the solicitation privilege for himself, his employer, or both.
    (d) Forbidden solicitation practices. Installation commanders will 
prohibit the following:
    (1) Solicitation during enlistment or induction processing or during 
basic combat training, and within the first half of the one station unit 
training cycle.
    (2) Solicitation of ``mass,'' group, or ``captive'' audiences.
    (3) Making appointments with or soliciting of military personnel who 
are in an ``on-duty'' status.
    (4) Soliciting without an appointment in areas used for housing or 
processing transient personnel, or soliciting in barracks areas used as 
quarters.
    (5) Use of official identification cards by retired or Reserve 
members of the Armed Forces to gain access to military installations to 
solicit.
    (6) Offering of false, unfair, improper, or deceptive inducements to 
purchase or trade.
    (7) Offering rebates to promote transaction or to eliminate 
competition. (Credit union interest refunds to borrowers are not 
considered a prohibited rebate.)
    (8) Use of any manipulative, deceptive, or fraudulent device, 
scheme, or artifice, including misleading advertising and sales 
literature.
    (9) Any oral or written representations which suggest or appear that 
the Department of the Army sponsors or endorses the company or its 
agents, or the goods, services, and commodities offered for sale.
    (10) Commercial solicitation by an active duty member of the Armed 
Forces of another member who is junior in rank or grade, at any time, on 
or off the military installation (Army Regulation 600-50).
    (11) Entry into any unauthorized or restricted area.
    (12) Assignment of desk space for interviews, except for specific 
prearranged appointments. During appointments, the agent must not 
display desk or other signs announcing the name of the company or 
product affiliation.
    (13) Use of the ``Daily Bulletin'' or any other notice, official, or 
unofficial, announcing the presence of an agent and his availability.
    (14) Distribution of literature other than to the person being 
interviewed.
    (15) Wearing of name tags that include the name of the company or 
product that the agent represents.
    (16) Offering of financial benefit or other valuable or desirable 
favors to military or civilian personnel to help or encourage sales 
transactions. This does not include advertising material for prospective 
purchasers (such as pens, pencils, wallets, and notebooks, normally with 
a value of $1 or less).
    (17) Use of any portion of installation facilities, to include 
quarters, as a showroom or store for the sale of goods or services, 
except as specifically authorized by regulations governing the 
operations of exchanges, commissaries, non-appropriated fund 
instrumentalities, and private organizations. This is not intended to 
preclude normal home enterprises, providing State and local laws are 
complied with.
    (18) Advertisements citing addresses or telephone numbers of 
commercial sales activities conducted on the installation.
    (e) Business reply system. Agents who desire to use a business reply 
card system will include the information on the card which a military 
member can complete to indicate where and when the member can meet the 
agent to discuss the subject. The meeting place should be that 
established in accordance with paragraph (b)(2) of this section, if the 
meeting is to be on the installation. This procedure should assist in 
removing any impression that the agent or his company are approved by 
the Department of the Army. It should further prevent an undesirable 
situation (e.g., military personnel paged on a public address system or 
called by a

[[Page 188]]

unit runner to report to the orderly room).



Sec.  552.61  Products and services offered in solicitation.

    Products and services, including life insurance, offered and sold on 
Army installations must comply with the laws of the States (and other 
civil jurisdictions) in which the installations are located. If a 
dispute or complaint arises, the applicable State will make the 
determination (Sec.  552.56).



Sec.  552.62  Advertising rules and educational programs.

    (a) The Department of the Army expects that commercial enterprises 
soliciting military personnel through advertisements appearing in 
unofficial military publications will voluntarily observe the highest 
business ethics in describing both the goods, services, and commodities 
and the terms of the sale (such as guarantees and warranties). If not, 
the publisher of the military publication will request the advertiser to 
observe them. The advertising of credit will conform to the provisions 
of the Truth-in-Lending Act, as implemented by Regulation Z, published 
by the Federal Reserve Board (12 CFR part 226).
    (b) Commanders will provide appropriate information and educational 
programs to provide members of the Army with information pertaining to 
the conduct of their personal commercial affairs (e.g., the protections 
and remedies offered consumers under the Truth-in-Lending Act, 
insurance, Government benefits, savings, estate planning, and 
budgeting). The services or representatives of credit unions, banks, and 
nonprofit military associations approved by HQDA may be used for this 
purpose provided their programs are entirely educational. Under no 
circumstances will the services of commercial agents, including loan or 
finance companies and their associations, be used for this purpose. 
Educational materials prepared or used by outside organizations or 
experts in this field may be adapted or used with applicable permission, 
provided the material is entirely educational and does not contain 
applications or contract forms.



Sec.  552.63  ``Cooling off'' period for door-to-door sales.

    The Federal Trade Commission Rule, 16 CFR part 429, p. 233, 
effective 7 June 1974, pertains to a cooling off period for door-to-door 
sales. The rule applies to any sale, lease, or rental of consumer goods 
or services with a purchase price of $25 or more, whether under single 
or multiple contracts, in which the seller or business representative 
personally solicits the sale, including those in response to or 
following an invitation by the buyer, and the buyer's agreement or offer 
to purchase is made at a place other than the place of business of the 
seller. The purpose of the law is to allow the consumer the right to 
cancel a transaction at any time prior to midnight of the third business 
day after the date of the transaction. When any door-to-door sale or 
transaction takes place anywhere on or off the installation (other than 
the seller's place of business) the consumer must be provided with a 
full and complete receipt or copy of a contract pertaining to the sale 
at the time of its execution which shall include the ``cancellation 
statements'' as required by the FTC rule.



Sec.  552.64  Sound insurance underwriting and programing.

    The Department of the Army encourages the acquisition of a sound 
insurance program that is suitably underwritten to meet the varying 
needs of the individual and is within his financial means. Accordingly, 
insurance agents may conduct personal business on an installation, when 
feasible, with disinterested third-party counseling provided, 
interviewing hours set aside, and facilities supplied. However, the 
privilege of insurance solicitation on installations is conditioned on 
full compliance with this regulation and on the clear understanding that 
permission is not indorsement of the company or the policies offered for 
sale.



Sec.  552.65  Command supervision.

    (a) All insurance business conducted on Army installation will be by 
appointment. When setting up the appointment, insurance agents must 
identify themselves to the prospective purchaser as an agent for a 
specific insurance company.

[[Page 189]]

    (b) Department of Defense personnel are expressly prohibited from 
representing any insurance company or dealing either directly or 
indirectly with any insurance company or any recognized representative 
of an insurance company as an agent or in any official or business 
capacity for the solicitation of insurance to personnel on a military 
installation with or without compensation.
    (c) In addition to the forbidden practices, installation commanders 
will prohibit the following:
    (1) The use of a commercial insurance agent as a participant in any 
military-sponsored education or orientation program.
    (2) The designation or announcement of any agent as ``Battalion 
Insurance Advisor,'' ``Unit Insurance Counselor,'' ``SGLI Conversion 
Consultant,'' or similar quasi-official titles.



Sec.  552.66  Actions required by agents.

    (a) The agent must know that--
    (1) Soldiers to be solicited are in grades E-1, E-2, or E-3, and
    (2) The solicitation of these members is restricted to specified 
times and locations designated by the installation commander.
    (b) Agents must leave information on the policy applied for with 
each member in grades E-1, E-2, and E-3 who applies for insurance and 
the unit insurance officer or counselor. Agents must complete DA Form 
2056 (Commercial Insurance Solicitation Record). Blank DA Forms 2056 
(not allotment forms) will be available to insurance agents on request. 
In the ``Remarks'' section of DA Form 2056, agents will include all 
pertinent information and a clear statement that dividends are not 
guaranteed if the presentation refers to dividends.



Sec.  552.67  Life insurance policy content.

    Insurance policies offered and sold on Army installations must--
    (a) Comply with the insurance laws of the States or country in which 
the installations are located. The applicable State insurance 
commissioner will determine such compliance if there is a dispute or 
complaint.
    (b) Contain no restrictions because of military service or military 
occupational specialty of the insured, unless restrictions are clearly 
indicated on the face of the policy.
    (c) Plainly indicate any extra premium charges imposed because of 
military service or military occupational specialty.
    (d) Not vary in the amount of death benefit or premium based on the 
length of time the policy has been in force, unless it is clearly 
described therein.
    (e) For purposes of paragraphs (b) through (d) of this section, be 
stamped with an appropriate reference on the face of the policy to focus 
attention on any extra premium charges imposed and on any variations in 
the amount of death benefit or premium based on the length of time the 
policy has been in force.
    (f) Variable life insurance policies may be offered provided they 
meet the criteria of the appropriate insurance regulatory agency and the 
Securities and Exchange Commission.
    (g) Show only the actual premiums payable for life insurance 
coverage.



Sec.  552.68  Minimum requirements for agents.

    (a) In the United States, its territories, and the Commonwealth of 
Puerto Rico, agents may be authorized to solicit on an installation 
provided--
    (1) Both the company and its agents are licensed in the State in 
which the installation is located. ``State'' as it pertains to political 
jurisdictions includes the 50 States, territories, and the Commonwealth 
of Puerto Rico.
    (2) The application to solicit is made by an accredited company 
(Sec.  552.69).
    (b) On Army military installation in foreign areas.
    (1) An agent may solicit business on U.S. military installations in 
foreign areas if--
    (i) The company he represents has been accredited by DOD;
    (ii) His name is on the official list of accredited agents 
maintained by the applicable major command;
    (iii) His employer, the company, has obtained clearance for him from 
the appropriate overseas commanders; and
    (iv) The commanding officer of the military installation on which he 
desires to solicit has granted him permission.

[[Page 190]]

    (2) To be employed for overseas solicitation and designated as an 
accredited agent, agents must have at least 1 year of successful life 
insurance underwriting in the United States or its territories. 
Generally, this is within the 5 years preceding the date of application.
    (3) General agents and agents will represent only one accredited 
commercial insurance company. The overseas commander may waive this 
requirement if multiple representation can be proven to be in the best 
interest of DOD personnel.
    (4) An agent must possess a current State license. The overseas 
commander may waive this requirement on behalf of an accredited agent 
who has been continuously residing and successfully selling life 
insurance in foreign areas and forfeits his eligibility for a State 
license, through no fault of his own, due to the operation of State law 
or regulation governing domicile requirements, or requiring that the 
agent's company be licensed to do business in that State. The request 
for a waiver will contain the name of the State and jurisdiction, which 
would not renew the agent's license.
    (5) An agent, once accredited in an overseas area, may not change 
his affiliation from the staff of one general agent to another, unless 
the losing company certifies, in writing, that the release is without 
justifiable prejudice. Unified commanders will have final authority to 
determine justifiable prejudice.
    (6) Where the accredited insurer's policy permits, an overseas 
accredited life insurance agent, if duly qualified to engage in security 
activities either as a registered representative of a member of the 
National Association of Securities Dealers or an associated person of a 
broker/dealer registered with the Securities and Exchange Commission 
only, may offer life insurance and securities for sale simultaneously. 
In cases of commingled sales, the allotment of pay for the purchase of 
securities cannot be made to the insurer.
    (7) Overseas commanders will exercise further agent control 
procedures as necessary.



Sec.  552.69  Application by companies to solicit on military
installations in the United States, its territories, or the Commonwealth 
of Puerto Rico.

    Before a company may be accredited to solicit on a military 
installation, the commander must receive a letter of application, signed 
by the company's president or vice president. It must be understood that 
a knowing and willful false statement is punishable by fine or 
imprisonment (18 U.S.C. 1001). The letter of application will--
    (a) Report the States in which the company is qualified and licensed 
to sell insurance.
    (b) Give the name, complete address, and telephone number of each 
agent who will solicit on the installation if approval is granted; the 
State in which licensed; the date of licensing and the expiration date; 
and a statement of agreement to report all future additions and 
separations of agents employed for solicitation on the installation.
    (c) List all policies and their form numbers that are to be offered 
for purchase on the installation. Application will be offered for 
purchase and that these policies meet the requirements of Sec.  
552.67(d).
    Attest that--
    (1) The privilege of soliciting the purchase of life insurance is 
not currently suspended or withdrawn from the company by any of the 
military departments.
    (2) The privilege of soliciting the purchase of life insurance is 
not currently suspended or withdrawn by any Armed Forces installations 
from any of the agents named.
    (3) The company and the agent named have proper and currently 
validated licenses as required by Sec.  552.68.
    (4) The company assumes full responsibility for its agents complying 
with this regulation and with any regulations published by the 
installation commander.



Sec.  552.70  Applications by companies to solicit on installations in
foreign countries.

    (a) Each May and June only, DOD accepts applications from commercial

[[Page 191]]

life insurance companies for accreditation to solicit the purchase of 
commercial life insurance on installations in foreign countries for the 
fiscal year beginning the following October.
    (b) Information about permission to solicit on installations outside 
the United States (exclusive of its territories and the Commonwealth of 
Puerto Rico) is contained in instructions issued by DOD. Applications 
and any correspondence relating thereto should be addressed to Assistant 
Secretary of Defense (Manpower, Reserve Affairs, and Logistics), ATTN: 
Directorate, Personnel Services, ODASD(MPP), WASH DC 20301.
    (c) Advice of action taken by DOD is announced annually by letters 
sent to overseas commanders as soon as practicable after 15 September. 
The list of companies and agents may vary from year to year.



Sec.  552.71  Associations--general.

    The recent growth of quasi-military associations offering various 
insurance plans to military personnel is recognized. Some associations 
are not organized within the supervision of insurance laws of either the 
Federal or State Government. While some are organized for profit, others 
function as nonprofit associations under Internal Revenue Service 
regulations. Regardless of how insurance plans are offered to members, 
the management of the association is responsible for assuring that all 
aspects of its insurance programs comply fully with the instructions of 
this regulation.



Sec.  552.72  Use of the allotment of pay system.

    (a) Allotments of military pay will be made in accordance with Army 
Regulation 37-104-3. Allotments will not be made to an insurer for the 
purchase of a commingled sale (e.g., retirement plans, securities).
    (b) Under no circumstances will agents have allotment forms in their 
possession or attempt to assist or coordinate the administrative 
processing of such forms.
    (c) For personnel in grades E-1, E-2, and E-3, at least 7 days 
should elapse between the signing of a life insurance application or 
contract and the certification of an allotment. The purchaser's 
commanding officer may grant a waiver of this requirement for good 
cause, such as the purchaser's imminent permanent change of station.



Sec.  552.73  Minimum requirements for automobile insurance policies.

    Policies sold on installations by both accepted and accredited 
insurers will meet all statutory and regulatory requirements of the 
State or host nation in which the installation is located. Policies will 
not be issued in amounts lower than the minimum limits prescribed by 
these authorities. In addition, policies will--
    (a) Clearly identify the name of the insurer and the full address.
    (1) Applications without the name and address of the insurer 
underwriting the insurance may be used; the names of sales or 
underwriting agents alone is not sufficient.
    (2) Post office box addresses are not an acceptable address.
    (b) Provide bodily injury and property damage liability coverage for 
all drivers authorized by the named insured to operate the vehicle. 
Military indorsements, excluding persons other than the named insured, 
whether in the military or not, are not acceptable.
    (c) Not contain unusual limitations or restrictions, including, but 
not limited to, the following:
    (1) Limitations specifying that coverage is afforded only when the 
insured vehicle is operated in the designated geographic areas in the 
United States (e.g., coverage applicable only on a military 
reservation). If the installation is located within the United States, 
the standard provision limiting coverage to the United States and Canada 
is acceptable.
    (2) Coverage limited to exclude liability for bodily injury to 
passengers and guests if such a liability exists as a matter of law.



Sec.  552.74  Grounds for suspension.

    The installation commander will deny or revoke permission of a 
company and its agents to conduct commercial activities on the 
installation if

[[Page 192]]

it is in the best interests of the command. The grounds for taking this 
action will include, but will not be limited to, the following:
    (a) Failure of company to meet the licensing and other regulatory 
requirements prescribed in Sec.  552.56.
    (b) An agent or representative engaged in any of the solicitation 
practices prohibited by this regulation.
    (c) Substantiated adverse complaints or reports about the quality of 
the goods, services, or commodities and the manner in which they are 
offered for sale.
    (d) Personal misconduct by agents or representatives while on the 
military installation.
    (e) The possession of or any attempt to obtain allotment forms, or 
to assist or coordinate the administrative processing of such forms.
    (f) Knowing and willful violation of the Truth-in-Lending Act or 
Federal Regulation Z.
    (g) Failure to incorporate and abide by the Standards of Fairness 
policies. (See Sec.  552.83.)



Sec.  552.75  Factors in suspending solicitation privileges.

    In suspending privileges for cause, the installation commander will 
determine whether to limit suspension to the agent alone or to extent it 
to the company he represents. This decision will be based on the 
circumstances of the particular case. Included are--
    (a) The nature of the violations and their frequencies;
    (b) The extent to which other agents of the company have engaged in 
these practices;
    (c) Previous warnings or suspensions; and
    (d) Other matters that show the company's guilt or failure to take 
reasonable corrective or remedial action.



Sec.  552.76  Preliminary investigation.

    When unauthorized solicitation practices have apparently occurred, 
an investigating officer will be appointed (Army Regulation 15-6). The 
investigating officer will gather sworn statements from all interested 
parties who have any knowledge of the alleged violations.



Sec.  552.77  Suspension approval.

    The installation commander will personally approve all cases in 
which solicitation privileges have been denied or suspended for cause. 
This includes agents, companies, or other commercial enterprises. 
Authority to temporarily suspend solicitation privileges for 30 days or 
less while an investigation is conducted may be delegated by the 
commander to the installation solicitation officer or other designee. 
Exception to this time frame must be approved by The Adjutant General 
(DAAG-PSI) or by the overseas commander. The commander will make the 
final determination.



Sec.  552.78  ``Show cause'' hearing.

    Before suspending the solicitation privilege, the company and the 
agent will have a chance to show cause why the action should not be 
taken. ``Show cause'' is an opportunity for the company, the agent, or 
both to present facts informally on their behalf. The company and agent 
will be notified, by letter, far in advance of the pending hearing. If 
unable to notify the agent directly or indirectly of the hearing, then 
the hearing may proceed.



Sec.  552.79  Suspension action.

    (a) When suspended for cause, immediately notify the company and the 
agent, in writing, of the reason. When the installation commander 
determines that suspension should be extended throughout the Department 
of the Army (whether for the agent or his company), send the case to 
HQDA (DAAGPSI) WASH DC 20314. Provide all factors on which the commander 
based his decision concerning the agent or company (exempt report, para 
7-2o, Army Regulation 335-15). This notification should include--
    (1) Copies of the ``show cause'' hearing record or summary,
    (2) The installation regulations or extract,
    (3) The investigation report with sworn statements by all personnel 
affected by or having knowledge of the violations,
    (4) The statement signed by the agent as required in Sec.  
552.60(c).

[[Page 193]]

    (5) Notification letters sent to the company and the agent advising 
of suspension of installation solicitation privileges, and
    (6) If the agent failed to respond to notification of the hearing, a 
copy of the letters sent to him and the company offering them the 
opportunity to be heard.
    (b) If the grounds for suspension bear significantly on the 
eligibility of the agent or company to hold a State license or to meet 
other regulatory requirements, notify the appropriate State or local 
civil authorities.



Sec.  552.80  Suspension period.

    All solicitation privileges suspended by installation commanders 
will be for a specific time. Normally, it will not exceed 2 years. When 
the suspension period expires, the agent may reapply for permission to 
solicit at the installation authorizing the denial or suspension. 
Requests for suspension periods in excess of 2 years will be sent with 
the complete case to HQDA (DAAG-PSI) WASH DC 20314, for approval. Lesser 
suspension may be imposed pending decision.



Sec.  552.81  Agents or companies with suspended solicitation privileges.

    Quarterly, HQDA will publish the names of agents and companies whose 
solicitation privileges have been suspended throughout the Department of 
the Army. If no change has occurred in the latest quarter, no list will 
be published.



Sec.  552.82  Exercise of ``off limits'' authority.

    (a) In appropriate cases, installation commanders may have the Armed 
Forces Disciplinary Control Board investigate reports that cash or 
consumer credit transactions offered military personnel by a business 
establishment off post are usurious, fraudulent, misleading, or 
deceptive. If it is found that the commercial establishment engages in 
such practices; that it has not taken corrective action on being duly 
notified; and that the health, morale, and welfare of military personnel 
would be served, the Armed Forces Disciplinary Control Board may 
recommend that the offending business establishment be declared ``off 
limits'' to all military personnel. The procedures for making these 
determinations are in Army Regulation 190.24.
    (b) On finding that a company transacting cash or consumer credit 
with members of the Armed Forces, nationwide or internationally, is 
engaged in widespread usurious, fraudulent, or deceptive practices, the 
Secretary of the Army may direct Armed Forces Disciplinary Control 
Boards in all geographical areas where this occurred to investigate the 
charges and take appropriate action.



Sec.  552.83  Standards of fairness.

    (a) No finance charge contracted for, made, or received under any 
contract shall be in excess of the charge which could be made for such 
contract under the law of the place in which the contract is signed in 
the United States by the serviceman. In the event a contract is signed 
with a United States company in a foreign country, the lowest interest 
rate of the state or states in which the company is chartered or does 
business shall apply.
    (b) No contract or loan agreement shall provide for an attorney's 
fee in the event of default unless suit is filed in which event the fee 
provided in the contract shall not exceed 20 percent of the obligation 
found due. No attorney's fees shall be authorized if he is a salaried 
employee of the holder.
    (c) In loan transactions, defenses which the debtor may have against 
the original lender or its agent shall be good against any subsequent 
holder of the obligation. In credit transactions, defenses against the 
seller or its agent shall be good against any subsequent holder of the 
obligation provided that the holder had actual knowledge of the defense 
or under condition where reasonable inquiry would have apprised him of 
this fact.
    (d) The debtor shall have the right to remove any security for the 
obligation beyond State or national boundaries if he or his family moves 
beyond such boundaries under military orders and notifies the creditor, 
in advance of the removal, of the new address where the security will be 
located. Removal of the security shall not accelerate payment of the 
obligation.

[[Page 194]]

    (e) No late charge shall be made in excess of 5 percent of the late 
payment, or $5 whichever is the lesser amount. Only one late charge may 
be made for any tardy installment. Late charges will not be levied where 
an allotment has been timely filed, but payment of the allotment has 
been delayed.
    (f) The obligation may be paid in full at any time or through 
accelerated payments of any amount. There shall be no penalty for 
prepayment and in the event of prepayment, that portion of the finance 
charges which have insured to the benefit of the seller or creditor 
shall be prorated on the basis of the charges which would have been 
ratably payable had finance charges been calculated and payable as equal 
periodic payments over the term of the contract, and only the prorated 
amount to the date of prepayment shall be due. As an alternative, the 
``Rule of 78'' may be applied, in which case its operation shall be 
explained in the contract.
    (g) No charge shall be made for an insurance premium or for finance 
charges for such premium unless satisfactory evidence of a policy, or 
insurance certificate where State insurance laws or regulations permit 
such certificates to be issued in lieu of a policy, reflecting such 
coverage has been delivered to the debtor within 30 days after the 
specified date of delivery of the item purchased or the signing of a 
cash loan agreement.
    (h) If the loan or contract agreement provides for payments in 
installments, each payment, other than the down payment, shall be in 
equal or substantially equal amounts, and installments shall be 
successive and of equal or substantially equal duration.
    (i) If the security for the debt is repossessed and sold in order to 
satisfy or reduce the debt, the repossession and resale will meet the 
following conditions:
    (1) The defaulting purchaser will be given advance written notice of 
the intention to repossess;
    (2) Following repossession, the defaulting purchaser will be served 
a complete statement of his obligations and adequate advance notice of 
the sale;
    (3) He will be permitted to redeem the item by payment of the amount 
due before the sale, or in lieu thereof submit a bid at the sale;
    (4) There will be a solicitation for a minimum of three sealed bids 
unless sold at auction;
    (5) The party holding the security, and all agents thereof are 
ineligible to bid;
    (6) The defaulting purchaser will be charged only those charges 
which are reasonably necessary for storage, reconditioning, and resale; 
and
    (7) He shall be provided a written detailed statement of his 
obligations, if any, following the resale and promptly refunded any 
credit balance due him, if any.
    (j) A contract for personal goods and services may be terminated at 
any time before delivery of the goods or services without charge to the 
purchaser. However, if goods made to the special order of the purchaser 
result in preproduction costs, or require preparation for delivery, such 
additional costs will be listed in the order form or contract. No 
termination charge will be made in excess of this amount. Contracts for 
delivery at future intervals may be terminated as to the undelivered 
portion, and the purchaser shall be chargeable only for that proportion 
of the total cost which the goods or services delivered bear to the 
total goods called for by the contract. (This is in addition to the 
right to rescind certain credit transactions involving a security 
interest in real estate provided by section 125 of the Truth-in-Lending 
Act, Pub. L. 90-321 (15 U.S.C. 1601) and Sec.  226.9 of Regulation Z (12 
CFR part 226).



                  Subpart F_Fort Lewis Land Use Policy

    Source: 51 FR 11723, Apr. 7, 1986, unless otherwise noted.



Sec.  552.84  Purpose.

    (a) This regulation establishes procedures governing entry upon the 
Army training areas on Ft. Lewis, WA, designated in Sec.  552.84(c) of 
this section.
    (b) These procedures have been established to ensure proper use of 
these Army training areas. Uninterrupted

[[Page 195]]

military use is vital to maintain and improve the combat readiness of 
the US Armed Forces. In addition, conditions exist within these training 
areas which could be dangerous to any unauthorized persons who enter.
    (c) This regulation governs all use of the Ft Lewis Military 
Reservation outside cantonment areas, housing areas, Gray Army Airfield, 
Madigan Army Medical Center, and recreational sites controlled by the 
Director of Personnel and Community Activities (DPCA). The areas 
governed are designated on the overprinted 1:50,000 Ft Lewis Special Map 
as Impact Areas, lettered Close-In Training Areas (CTAs), or numbered 
Training Areas (TAs), and are hereafter referred to as the range 
complex. A full sized map is located at the Ft Lewis Area Access Office, 
Bldg. T-6127.



Sec.  552.85  Applicability.

    This regulation is applicable to all military and civilian users of 
the range complex.



Sec.  552.86  References.

    (a) AR 405-70 (Utilization of Real Estate).
    (b) AR 405-80 (Granting Use of Real Estate).
    (c) AR 420-74 (Natural Resources--Land, Forest, and Wildlife 
Management).
    (d) FL Reg 215-1 (Hunting, Fishing, and Trapping).
    (e) FL Reg 350-30 (I Corps and Fort Lewis Range Regulations).
    (f) DA Form 1594 (Daily Staff Journal or Duty Officer's Log).
    (g) HFL Form 473 (Range, Facility, and Training Area Request).



Sec.  552.87  General.

    (a) Military training. All use of the Ft. Lewis range complex for 
military training is governed by FL Reg 350-30. Military training always 
has priority for use of the range complex.
    (b) Hunting. Hunting, fishing, and trapping on Ft. Lewis are 
governed by FL Reg 215-1.
    (c) Recreational use. (1) All individuals or organizations, military 
or civilian, desiring access to the range complex for recreational 
purposes must apply for and possess a valid Ft. Lewis area access permit 
except as outlined in Sec.  552.87(c) of this section. Procedures are 
described in Sec. Sec.  552.91 and 552.92.
    (2) Authorized Department of Defense (DOD) patrons enroute to or 
using DPCA recreational areas (appendix A) are not required to possess a 
permit. Travel to and from DPCA recreational use areas is restricted to 
the most direct route by paved or improved two lane roads, and direct 
trail access. Other travel in the range complex is governed by this 
regulation.
    (3) Recreational use of CTAs without permit is authorized only for 
DOD personnel of Ft. Lewis and their accompanied guests. Driving 
Privately Owned Vehicles (POV) in the CTAs is restricted to paved or 
improved gravel roads, except for direct trail access to DPCA 
recreational areas at Shannon Marsh and Wright's Lake. Other 
recreational activities authorized in the CTAs for DOD personnel without 
permit are walking, jogging and picnicking at established picnic sites.
    (4) Organizations or groups whose authorized recreational activity 
is of such a nature as to require special advanced confirmed commitments 
from Ft. Lewis for land, including Scout Camporees, seasonal or one-time 
regional meets, and so on, must apply to the Ft. Lewis Area Access 
Section in writing. If the area is available, the request will be 
forwarded to the Director of Engineering and Housing (DEH) for lease 
processing. Not less than 180 days are required for processing of these 
special requests. Organizations or groups whose activity requires 
military equipment or other special support from Ft. Lewis must also 
apply in writing. If a permit is granted, the special assistance request 
will be coordinated by the Public Affairs and Liaison Office (PALO). 
Sample request guide and mailing address are available for the Access 
Section.
    (5) All other recreational uses require a permit in accordance with 
this regulation.
    (d) commercial use. Individuals or organizations using the range 
complex for profit-generating activities must possess a Real Estate 
Agreement. Requests for Real Estate Agreements must be directed to the 
Real Property

[[Page 196]]

Branch, DEH, IAW AR 405-80. Real Estate Agreements issued after 
publication of this regulation will require Real Estate Agreement 
holders to notify the Area Access Section of their entry onto, and 
departure from, the range complex. Profit generating activities include 
individuals or organizations that collect fees for services or that sell 
materials collected from the range complex. Proposed timber sales 
require prior coordination with the Director of Plans, Training and 
Mobilization (DPTM) to ensure that access can be granted for the 
appropriate areas and times.
    (e) Installation service and maintenance. DOD personnel and 
contractual personnel on official business are authorized on the Ft. 
Lewis Military Reservation range complex as provided in appendix B. 
Access to hazard areas for such personnel is governed by FL Reg 350-30.
    (f) Non-DOD personnel in transit. Individuals in transit along State 
or County maintained roads or roads designated for public access by the 
Installation Commander require no special permits. These routes are 
listed in appendix B.
    (g) Trespassers. Persons or organizations entering or using the Ft. 
Lewis range complex outside one of the access channels described above 
are trespassing on a controlled-access federal reservation and are 
subject to citation by the military police. Trespassers may be barred 
from subsequent authorized access to the installation, and will be 
subject to the provisions of this section.
    (h) Failure to comply. Any person who enters the range complex of 
the Ft. Lewis Military Reservation without the consent of the Commanding 
Officer or his designated representative is in violation of the 
provisions of this regulation. Offenders may be subjected to 
administrative action or punishment under either the Uniform Code of 
Military Justice (UCMJ) or title 18 U.S.C. 1382, of title 50 U.S.C. 797, 
as appropriate to each individual's status. Administrative action may 
include suspension or loss of recreational privileges, or permanent 
expulsion from the Ft. Lewis Military Reservation.



Sec.  552.88  Responsibilities.

    (a) DPTM. Operate the Ft. Lewis Area Access Section as a part of 
Range Control.
    (b) Law Enforcement Command. Provide law enforcement and game warden 
patrols to respond to known or suspected trespassers or other criminal 
activity on the range complex.
    (c) DEH. Coordinate with the Ft. Lewis Area Access Section (thru 
DPTM) all Real Estate Agreements, timber sales, wildlife management, 
construction, and other DEH or Corps of Engineers managed actions 
occurring on the range complex. Ensure all Real Estate Agreements issued 
after publication of this regulation require Real Estate Agreement 
holders to notify the Area Access Section of their entry onto, and 
departure from, the range complex.
    (d) DPCA. Manage the Installation Hunting, Fishing, and Trapping 
programs in conjunction with DEH Wildlife. Manage those picnic and 
recreation sites located in the range complex, as listed in appendix A.
    (e) PALO. Make initial public release of Ft. Lewis Land Use Policy 
and area access procedures, and provide periodic updates through media. 
Act as interface, when necessary, to resolve community relations issues 
related to land use. Coordinate special assistance requests per Sec.  
552.86(b). Inform DPTM of public response to policy execution.



Sec.  552.89  Activities.

    (a) Examples of authorized activities are listed in appendix C.
    (b) Activities listed in appendix D are not authorized on Ft. Lewis 
and no permit will be issued.



Sec.  552.90  Permit office.

    DPTM Range Control operates the Ft. Lewis Area Access Section in 
Bldg T-6126 to issue permits and grant non-training acess to the range 
complex. The office is open 0700-1900 hours, seven days a week, for 
permit processing and access control. At other hours, Range Operations 
will take calls for access only.

[[Page 197]]



Sec.  552.91  Individual permit procedures.

    (a) Individuals desiring area access for authorized activities (see 
appendix C) must register in person at the Ft. Lewis Area Access 
Section, Bldg T-6127. Minimum age is 18 years, except for active duty 
military personnel. Individuals under 18 years of age must be sponsored 
and accompanied by a parent or legal guardian.
    (b) Individual registration requires:
    (1) Picture ID.
    (2) Personal information including Social Security Number.
    (3) Vehicle identification and license number, if a vehicle is to be 
brought on post.
    (4) Names and ages of minor family members who will accompany a 
registered person.
    (5) Liability release signature.
    (6) Certification that intended activities are on the authorized 
list and are not for-profit commercial activities. Persons who submit 
false certificates are subject to prosecution in Federal Court Under 5 
U.S.C. 1001, and the provisions of this section.
    (c) A permit and a vehicle pass will be issued to each person 
authorized area access. The permit is not transferable. Entry to the 
range complex without the issued permit is forbidden.
    (d) Individual write-in requests may be authorized for extraordinary 
circumstances.



Sec.  552.92  Group permit procedures.

    (a) A collective permit will be issued to an organization desiring 
to conduct a group event. The group leader must register in person at 
the Ft. Lewis Area Access Section, Bldg T-6127, and must be 21 years of 
age or older except for active duty military personnel.
    (b) Group registration requires the information listed in Sec.  
552.91, except that a legible list of names of all persons in the group 
is required in lieu of the names and ages of minors.
    (c) Group permits will be issued with the requirement that all 
members of the group will be with the leader throughout the event. If 
the group plans to separate while still on post, sub-group leaders must 
be appointed and must each obtain a permit as noted in this section. The 
group leader permit is not transferable.
    (d) Other group write-in requests may be authorized for 
extraordinary circumstances.



Sec.  552.93  Permit deadline and duration.

    (a) Permits will be issued 0700-1900 hours daily and may be obtained 
no earlier than six months prior to the event date. Permits for 
authorized activities may be requested and issued on the day of the 
event, but must be in hand prior to individual or group entry on to the 
range complex.
    (b) Permits for one-time events are valid for the duration of the 
event. Otherwise, permits are valid for six months and are not 
renewable. When a permit expires, the holder must reapply as described 
in this section.
    (c) Access hours are thirty minutes after daylight to thirty minutes 
before dark, except for authorized overnight activities and as outlined 
in FL Reg 215-1.



Sec.  552.94  Area access procedures.

    (a) Holders of current permits desiring access must call the Ft. 
Lewis Area Access Section on the date of entry at the telephone numbers 
listed on the permit and state the area to be entered, estimated time of 
entry, and estimated time of departure. This check-in may also be done 
in person at the Ft. Lewis Area Access Section, Bldg T-6126. Procedures 
for permits and access for hunting and trapping are outlined on FL Reg 
215-1.
    (b) The Ft. Lewis Area Access Section will determine whether the 
area is available and, if so, authorize entry. If the area is not open 
for permit holders, and an alternate area cannot be provided, access 
will be denied. All calls and actions will be recorded on DA Form 1594 
(Daily Staff Journal or Duty Officer's Log).
    (c) Permit holders must call or visit the Ft. Lewis Area Access 
Section immediately after leaving the authorized area to obtain checkout 
clearance. If a checkout is not received within three hours after the 
estimated time of departure, the Ft. Lewis Area Access Section will call 
the contact phone number in the permit holder's record and, if 
necessary, initiate a search through the Military Police Desk. Permit 
holders who fail to call out twice will be

[[Page 198]]

barred from area access for thirty days. A third failure to check out 
will result in suspension of the permit for the remainder of its normal 
duration or ninety days, whichever is longer.
    (d) Failure to comply with the provisions of this paragraph shall 
subject all persons to the provisions of this section.



Sec.  552.95  Compatible use.

    (a) Unit commanders may, during training area scheduling, request 
that no permit holders be allowed in their areas. Justification must be 
in the remarks column of HFL Form 473 (Range, Facility and Training Area 
Request). If this restriction is granted, the Ft. Lewis Area Access 
Section will close the appropriate areas. In the absence of a trainer's 
request for closure, the following military activities are considered 
incompatible with non-training access and will, when scheduled, block 
affected areas:
    (1) Live-fire training events with surface danger zones falling into 
training areas.
    (2) Parachute and air assault operations.
    (3) Field artillery firing. The numbered training area occupied by 
the weapons will be closed.
    (4) Motorized infantry operations that will use the majority of the 
road net in a training area, traveling at higher than normal speeds.
    (5) Training employing riot agents or smoke generating equipment.
    (b) The Range Officer may close training areas based on multiple 
occupation by large units.
    (c) Areas allocated to modern firearm deer hunting are closed to 
training and recreational activities. When State Fish and Game pheasant 
release sites can be isolated by swamps, streams, or roads from the rest 
of a training area, multiple occupancy is authorized.



Sec.  552.96  Violations.

    Anyone observing violators of this or other regulations must report 
the activity, time, and location to the Ft. Lewis Area Access Section or 
the Military Police as soon as possible.



Sec.  552.97  Communications.

    The Ft. Lewis Area Access Section communicates by telephone as noted 
on the permit. Tactical FM contact may be made through Range Operations.



                     Subpart G_Firearms and Weapons

    Source: 53 FR 1752, Jan. 22, 1988, unless otherwise noted.



Sec.  552.98  Purpose.

    This regulation establishes the criteria for possessing, carrying, 
concealing, and transporting firearms and/or other deadly or dangerous 
weapons and instruments on Fort Stewart/Hunter Army Airfield (AAF) 
installations.



Sec.  552.99  Applicability.

    (a) The provisions of this regulation apply to all Department of 
Defense (DOD) military; civilian personnel; U.S. Army Reserve/National 
Guard (USAR/NG) personnel on post for active duty training or inactive 
training in conjunction with Active Army elements, military family 
members; civilians employed on, visiting, or traveling through or on the 
Fort Stewart/Hunter AAF installation.
    (b) This regulation will not become void in its entirety merely 
because one part or portion thereof is declared unconstitutional or 
void.
    (c) This regulation is punitive, Military violators of the 
regulations may be prosecuted under the Uniform Code of Military Justice 
or may be subject to administrative action. Civilian violators may be 
subject to administrative or judicial action under title 18, United 
States Code, or title 16, Criminal Code of Georgia.



Sec.  552.100  Definitions.

    (a) Ammunition. Projectiles together with their fuses, propelling 
charges, and primers that are designed to be expelled from a firearm. 
This includes any type of military and commercial ammunition (ball, 
tracer, incendiary, blank, shotgun, black powder, and shot). Items shall 
only be considered as ammunition when loaded into a cartridge with its 
bullets and primer.

[[Page 199]]

    (b) BB and pellet guns. Any type rifle, pistol or other instrument 
designed or redesigned, made or remade, modified or remodified to expel 
BBs or pellets by springs, compressed air, CO2 or any other compressed 
gas cartridge.
    (c) Dangerous instruments. Any device which is designed or 
redesigned, made or remade, modified or remodified to be used as an 
offensive or defensive weapon. Devices of this type include but are not 
limited to:
    (1) ``Constant companion'' or any similar weapon, designed or 
redesigned, made or remade, modified or remodified to be worn as a belt 
buckle, brass kunckles, ``Knucklers,'' and ``Knucks.''
    (2) Studded or spiked wrist bands, or any device designed or 
redesigned, made or remade, modified or remodified to fit over the hand 
or wrist which can be used to cause grave bodily harm.
    (3) Black jacks, slapjacks, slappers, saps, including homemade 
substitutes, other bludgeons (with or without handles), and metal pipes.
    (4) ``Nanchaku'' (num-chucks), two or more sticks connected by rope, 
cord or chain and normally used as a martial arts weapon. ``Shuriken'', 
a disc or any geometrical object designed to be thrown as a weapon. 
``Manrikigusari'' or ``Kusari,'' a rope or cord joined to a weight at 
each end and designed to be used as a weapon.
    (5) Any finger ring with blades or sharp objects that are capable of 
being projected/extended from the surface of the ring.
    (6) Any device capable and primarily intended for discharging darts 
or needles.
    (7) All firearms.
    (d) Explosive, incendiary, and pyrotechnic devices. Any type of 
military or commercial explosive, incendiary, gas or smoke bomb, 
grenade, rocket, missile, mine, blasting cap, ``dummy'' and/or practice 
device such as simulators, and other similar detonating devices which 
are capable of being altered to contain a live charge, and pyrotechnic 
devices such as firecrackers, cherry bombs, bottlerockets, and 
starclusters.
    (e) Firearms. Any type of weapon which is designed or redesigned, 
made or remade, modified or remodified to expel a projectile by action 
of any explosion, and the frame or receiver of any such weapon. This 
does not include antique firearms, antique replicas, and those modern 
firearms which have been rendered permanently incapable of being fired.
    (f) Knives, sabers, swords, and machetes. Any instrument having a 
sharp blade which is fastened to a handle, or made with a handle. 
Measurement of the blade will be from the tip of the blade to the point 
where the blade meets the handle. This includes folding knives, 
switchblades, gravity knives, stilettos, lock blade knives, swords, 
sabers, and machetes.
    (g) Machine gun and automatic weapon. A weapon designed or 
redesigned, made or remade, modified or remodified to automatically fire 
more than one shot by a single pull of the trigger.
    (h) Public gathering. Shall include, but shall not be limited to, 
athletic or sporting events, schools or school functions, churches or 
church functions, rallies, or establishments at which alcoholic 
beverages are sold for consumption on the premises.
    (i) Shotgun. A weapon designed or redesigned, made or remade, and 
intended to be fired from the shoulder; and designed or redesigned, made 
or remade, to use the energy or the explosive in a fixed shotgun shell 
to fire through a smooth bore either a number of ball shot or a single 
projectile for each single pull of the trigger.
    (j) Sawed-off shotgun. A shotgun or any weapon made from a shotgun 
whether by alteration, modification, or otherwise having one or more 
barrels less than 18 inches in length or if such weapon as modified has 
an overall length of less than 20 inches.
    (k) Sawed-off rifle. A weapon designed or redesigned, made or 
remade, and intended to be fired from the shoulder; and designed or 
redesigned, made or remade, to use the energy of the explosive in a 
fixed metallic cartridge to fire only as a single projectile through a 
rifle bore for each single pull of the trigger; and which has a barrel 
or barrels of less than 16 inches or has an overall length of less than 
26 inches.
    (l) Silencer. Any device used for suppressing or diminishing the 
report of any firearm.

[[Page 200]]

    (m) Weapon. An instrument used in an offensive or defensive manner.



Sec.  552.101  Prohibitions.

    (a) Prohibited items. It is prohibited to possess, carry, conceal, 
transport, store, transfer or sell any of the following weapons or 
devices on, through or within the confines of Fort Stewart and Hunter 
AAF installations unless specifically allowed elsewhere in this 
regulation:
    (1) Sawed-off shotgun.
    (2) Sawed-off rifle.
    (3) Machine gun and automatic weapons.
    (4) Silencers.
    (5) Dangerous instruments as defined in Sec.  552.100(c).
    (6) Explosives, Incendiary and Pyrotechnic Devices, as defined in 
Sec.  552.100(d).
    (7) Knives with automatic blade openers (i.e., switch blades, 
gravity knives, stilettos) of any blade length. Folding or fixed bladed 
knives with a blade length of more than 3 inches. Swords, sabers, and 
machetes with sharpened blades.
    (8) Any object which carries an electrical current of sufficient 
wattage to deliver a shock to a person, such as cattle prods, ``taser'' 
or ``public defenders.''
    (b) Carrying a concealed weapon. A person commits the offense of 
carrying a concealed weapon when he/she knowingly has or carries about 
his/her person, unless in an open manner and fully exposed to view, any 
bludgeon, metal knuckles, firearm, or knife designed for the purpose of 
offense and defense, or any other dangerous or deadly weapon or 
instrument of like character outside of his/her home or place of 
business.
    (c) Carrying Deadly Weapons to or at Public Gatherings. A person 
commits an offense under this section when he/she carries to or while at 
a public gathering any explosive compound, firearm, or knife designed 
for the purpose of offense and defense. This paragraph shall not apply 
to competitors participating in organized sporting events, military 
personnel in a formation when a weapon is required, or to police/
security personnel while in performance of their duties.
    (d) Prohibited Possession and Storage. It is prohibited for a 
person, military or civilian, to possess or store ammunition, firearms, 
knives with blades more than 3 inches, bows and arrows, crossbows, and 
BB and pellet guns, in locations other than those locations specified in 
Sec.  552.102, except under conditions specified in Sec.  552.103. 
Prohibited locations for these items include, but are not limited to, 
living spaces and common areas of billets, squad rooms, privately-owned 
vehicles, exterior storage sheds, camper trailers, and offices. 
Commanders will designate an arms room and times for weapons turn-in. 
During periods when arms rooms are closed, the Staff Duty Officer (SDO) 
will ensure the weapon is secured in accordance with (IAW) this 
regulation. A receipt will be given for each weapon received, reflecting 
the weapon's make, serial number, identity of owner and other data 
deemed appropriate.
    (e) Exemptions. Nothing in this regulation shall prohibit:
    (1) Military members or DOD civilian employees from possessing or 
using military weapons, military ammunition or explosives, or military 
devices in a lawful manner while in the performance of their military 
duties or for training or other authorized purposes, as prescribed by 
applicable Army Regulations.
    (2) Military and DOD civilian personnel, while in the performance of 
official law enforcement duties, from possessing or using government 
ammunition, explosives or devices in a lawful manner, as prescribed by 
applicable laws or regulations or by their lawful superiors.
    (3) Federal, state, county or local law enforcement personnel, while 
in the performance of official law enforcement duties, from possessing 
or using government or privately-owned weapons, ammunition, explosives 
or devices in a lawful manner, as prescribed by applicable laws or 
regulations or by their lawful superiors.
    (4) Government contractors, while in performance of their contract 
from possessing or using weapons, ammunition, explosives or devices, IAW 
the provisions of their contract and as determined by the Contracting 
Officer.

[[Page 201]]

    (5) Individuals with Federal Firearms Licenses (Class III) from 
possessing, carrying, and transporting Class III weapons IAW Federal 
regulations; however, they are prohibited from concealing, storing, 
transferring, or selling Class III weapons within the confines of Fort 
Stewart and Hunter AAF.
    (6) Individuals from possessing, carrying, transporting, or storing 
decorative, ornamental, and ceremonial swords and sabers within the 
confines of Fort Stewart and Hunter AAF when used strictly for display 
and ceremonies. When used as a cutting instrument, they become a 
prohibited item.
    (7) Individuals and agencies from possessing, transporting, storing, 
selling, or using fixed bladed knives with a blade length of more than 3 
inches when used for their lawful purpose (i.e., steak knives, cooking 
knives, hunting knives) and when in compliance with all other 
requirements in this regulation.



Sec.  552.102  Requirements for possession and use.

    DOD military and civilian personnel, their family members, USAR/NG 
personnel and civilians employed on, visiting or traveling through this 
installation may possess legally-defined and privately-owned firearms, 
ammunition, BB and pellet guns, knives, bows and arrows, and crossbows 
under the following conditions:
    (a) Privately-owned firearms, crossbows, BB and pellet guns 
possessed or stored on the installation must be registered at the 
installation Provost Marshal's Office within three working days after 
arrival on the installation, or after obtaining the weapon, except:
    (1) Firearms legally brought onto the installation for the purpose 
of hunting or firing at an approved firing range, and only for the 
period of time the person possessing the firearms is hunting or firing 
on the range.
    (2) Firearms carried by federal, state, county or local law 
enforcement personnel when in the performance of official law 
enforcement duties.
    (3) Firearms carried or transported, in full compliance with Georgia 
State Laws, on Georgia State Highways 119 and 144 by personnel traveling 
through the installation only. Travel off of these state highways or 
stopping, other than for emergency purposes, while on the installation 
is prohibited.
    (b) Personnel residing in family housing, BOQ, BEQ/VOQ and guest 
housing, may store legally-acquired, authorized ammunition, knives with 
a blade measuring more than 3 inches, bows and arrows, registered 
crossbows, registered BB and pellet guns and registered firearms within 
their quarters.
    (c) Personnel residing in troop billets may store legally-acquired 
authorized ammunition, knives and blades measuring more than 3 inches, 
bows and arrows, registered crossbows, registered BB and pellet guns and 
registered firearms in unit arms rooms. The unit arms room should 
utilize a standard weapons card and log book to document storage, 
removal, and return.
    (d) Persons using weapons borrowed from another must have the 
documentation required in Sec.  552.103(a) as applicable in their 
possession when carrying, transporting or using the weapon on the 
installation.
    (e) Persons under the age of 17 must be accompanied by a person over 
the age of 21 who will be responsible for compliance with the 
requirements of this regulation while hunting or target shooting on the 
installation and when purchasing legal arms (including knives with 
blades over 3 inches) and ammunition from installation retail outlets.
    (f) Persons must be in compliance with federal and state laws 
regarding possession (i.e., age, criminal record restrictions, etc.)
    (g) Storage, accountability and registration procedures will be IAW 
Army Regulation 190-11 and supplements.



Sec.  552.103  Requirements for carrying and use.

    Persons legally authorized to possess firearms, ammunition, knives 
(with blades longer than 3 inches), bows and arrows, and crossbows, may 
carry or transport legally possessed and registered (if required) 
weapons under the following conditions.
    (a) For purposes of hunting: From quarters, on or off the 
installation, by the most direct route to hunting area or Pass and 
Permit Office and return.

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Stopping at other installation facilities while enroute is prohibited 
(i.e., Post Exchange, Club, offices, etc.). Individual must have in his/
her possession weapon registration (if applicable), valid state hunting 
license, valid Fort Stewart hunting permit and an area access pass (if 
applicable).
    (b) For purposes of target shooting, selling the weapon or having 
the weapon repaired: From quarters by the most direct route to approved 
range or to the location where the weapon is to be sold or repaired and 
returned. Stopping at other installation facilities while enroute is 
prohibited. Individual must have in his/her possession at all times his/
her registration (if applicable).
    (1) When carried, weapons will be carried in an open manner (not 
concealed). Firearms will be unloaded when carried (i.e., projectiles 
physically separated from the firearms, not just removed from the 
chamber), except when actually engaged in hunting or shooting. Knives 
will be carried in a sheath or scabbard worn in a clearly visible 
manner. Commanders may authorize the carrying of a privately-owned knife 
with a blade over 3 inches to field duty, provided it is carried IAW 
Victory Standard and exposed in a sheath/scabbard. The Provost Marshal 
may authorize the carrying of a privately-owned, sheathed, lock blade 
knife on military and DOD police officers' pistol belts.
    (2) When transported in a vehicle, weapons will be in plain view in 
the passenger area of the vehicle or secured (locked) in the trunk or 
other rear compartment of the vehicle, not readily accessible from the 
passenger area (i.e., locked tool box secured to bed of a truck). 
Firearms will be unloaded and the ammunition physically separated from 
the firearms. The glove compartment of a vehicle is NOT an authorized 
compartment for storing pistols.
    (3) Firearms, bows and arrows, crossbows, BB and pellet guns will 
not be loaded, fired or used within the cantonment areas of the 
installation; within 50 yards of any public highway, street or Fort 
Stewart numbered road or across same; within 100 yards of any designated 
recreation area, managed waters, building or similar structures; any 
aircraft landing facility (to include currently used landing or stage 
fields); any ammunition storage area (except on approved firing range 
when properly authorized).
    (4) Persons not affiliated with DOD or this installation must remain 
on Georgia State Highways 119 and 144 when carrying or transporting 
weapons through the installation and must be in full compliance with 
Georgia State Law governing possession, use and transportation of said 
weapons. Travel off of these highways or stopping, for other than 
emergency purposes, while on the installation, is prohibited.



Sec.  552.104  Disposition of confiscated/seized weapons.

    All weapons, ammunition, explosives or other devices defined in this 
regulation, that are confiscated pursuant to the commission of a crime 
or violation of this or other regulation or found unsecured/unattended 
on the installation, will be immediately turned over to the military 
police, U.S. Army Criminal Investigation Command (USACIDC), or the 
Federal Bureau of Investigation (FBI) for investigation, retention as 
evidence, or other lawful disposition. When retention for investigation 
or evidence is no longer required by military police, USACIDC, or other 
law enforcement or judicial agencies, the items will be disposed of 
under the provisions of AR 195-5, Evidence Procedures.



   Subpart H_Regulation Controlling the Access to the Fort Lewis Main 
Cantonment Area and Prohibiting Certain Conduct Upon Fort Lewis Military 
                               Reservation

    Source: 52 FR 25862, July 9, 1987, unless otherwise noted. 
Redesignated at 53 FR 1752, Jan. 22, 1988.



Sec.  552.105  Purpose.

    (a) This regulation establishes procedures governing access control 
requirements for the Main Cantonment Area, Fort Lewis, Washington, and 
prohibits certain forms of conduct upon the Fort Lewis Military 
Reservation.

[[Page 203]]

    (b) These procedures and requirements have been established in 
conjunction with other efforts to improve the physical security of the 
Fort Lewis Military Reservation. It is essential that entrance to, and 
exit from, the installation be made only at controlled access points, 
and that certain forms of conduct be restricted.
    (c) This regulation governs all access to the Main Cantonment Area 
of the Fort Lewis Military Reservation, including, but not limited to, 
all housing areas, Gray Army Air Field, and Madigan Army Medical Center. 
It further prohibits all persons from engaging in certain forms of 
conduct anywhere on the Fort Lewis Military Reservation.



Sec.  552.106  Applicability.

    This regulation is applicable to all persons, both military and 
civilian, who enter the Fort Lewis Military Reservation.



Sec.  552.107  References.

    (a) AR 190-5 (Motor Vehicle Traffic Supervision)
    (b) AR 190-52 (Countering Terrorism and Other Major Disruptions on 
Military Reservations)
    (c) AR 210-7 (Commercial Solicitation on Army Installations)
    (d) AR 210-10 (Administration)
    (e) Fort Lewis Supplement 1 to AR 190-5 (Motor Vehicle Traffic 
Supervision)
    (f) I Corps and Fort Lewis Installation Security and Closure Plan
    (g) HFL Form 1138 (Fort Lewis Visitor Pass)



Sec.  552.108  General.

    (a) Access controls. (1) Fort Lewis is a closed post. Access to the 
installation is limited to persons with prior approved permission to 
enter.
    (2) Public access into the Main Cantonment Area of Fort Lewis is 
controlled through a series of static security posts manned by sentries 
empowered to grant or deny access to persons and material. The ``Main 
Cantonment Area'' is that area of the Fort Lewis Military Reservation 
shown on the overprinted 1:50,000 Fort Lewis Special Map (DMA Stock No. 
V791SFTLEWIS) excluding those areas designated thereon as Impact Areas, 
lettered Close-In Training Areas, or numbered Training Areas. A full 
sized map is located at the Fort Lewis Area Access Office, Building T-
6127. As defined, the Main Cantonment Area includes, but is not 
necessarily limited to, those areas of the installation containing 
Government housing areas, schools, medical facilities, troop billets, 
the installation command and control facilities, Gray Army Air Field, 
Madigan Army Medical Center, and certain recreational sites controlled 
by the Director of Personnel and Community Activities.
    (3) Entry of the general public into the Main Cantonment Area at any 
location other than through established manned access control points is 
strictly prohibited. For the purposes of this regulation, entry includes 
the entrance of the person, or the insertion of any part of his body, or 
the introduction of any unauthorized material.
    (b) Trespassers. Persons entering or remaining upon the Main 
Cantonment Area of the Fort Lewis Military Reservation in violation of 
this regulation are trespassing on a closed federal reservation and are 
subject to citation by the military police. Trespassers may be barred 
from subsequent access to the installation and will be subject to the 
provisions of this regulation. A person violates this regulation when he 
enters or remains upon the Main Cantonment Area when he is not licensed, 
invited, or otherwise authorized to so enter or remain. All such persons 
are trespassers for the purpose of this regulation.
    (c) Prohibited Activities. Department of Defense policy permits 
commanders to prohibit any expressive activity which could interfere 
with or prevent the orderly accomplishment of the installation's 
mission, or which presents a clear danger to the loyalty, discipline or 
morale of their soldiers. Therefore, unless the prior approval of the 
installation commander or his designated representative has been 
obtained, no person while on the Fort Lewis Military Reservation shall:
    (1) Engage in protests, public speeches, sit-ins, or demonstrations 
promoting a political point of view.
    (2) Engage in partisan political campaigning or electioneering.

[[Page 204]]

    (3) Display or distribute commercial advertising or solicit 
business.
    (4) Interrupt or disturb a military formation, ceremony, class or 
other activity.
    (5) Obstruct movement on any street, sidewalk, or pathway without 
prior authority.
    (6) Utter to any person abusive, insulting, profane, indecent or 
otherwise provocative language that by its very utterance tends to 
incite an immediate breach of the peace.
    (7) Distribute or post publications, including pamphlets, 
newspapers, magazines, handbills, flyers, leaflets, and other printed 
material, except through regularly established and approved distribution 
outlets.
    (8) Circulate petitions or engage in picketing or similar 
demonstrations for any purpose.
    (9) Disobey a proper request or order by Department of Defense (DoD) 
police, military police, or other competent authority to disperse or to 
leave the installation.
    (d) Failure to comply. Any person who enters or remains upon the 
Main Cantonment Area of Fort Lewis Military Reservation when he is not 
licensed, invited or otherwise authorized by the terms of this 
regulation or who enters or remains upon the Fort Lewis Military 
Reservation for a purpose of engaging in any activity prohibited by this 
regulation is in violation of the provisions of the regulation. 
Violators of this regulation may be subjected to administrative action 
or criminal punishment under the Uniform Code of Military Justice 
(UCMJ), title 18 U.S.C. 1382, or title 50 U.S.C. 797, as appropriate to 
each individual's status. Maximum punishment under title 18 U.S.C. 1382 
is a fine of not more than $500 or imprisonment for not more than six 
months, or both. Maximum punishment under 50 U.S.C. 797 is a fine of 
$5,000 or imprisonment for not more than one year, or both. 
Administrative action may include suspension of access privileges, or 
permanent expulsion from the Fort Lewis Military Reservation.



Sec.  552.109  Routine security controls.

    (a) Unimpeded access. Military vehicles, emergency vehicles, mail 
delivery vehicles, privately owned motor vehicles registered in 
accordance with Fort Lewis Supplement 1 to Army Regulation (AR) 190-5, 
and pedestrians in possession of current active duty, retired, 
dependent, or DoD civilian identification cards are authorized unimpeded 
access to Fort Lewis during periods of routine installation operations 
unless prohibited or restricted by action of the Installation Commander.
    (b) Visitor access. All visitors to the installation will report to 
the visitor's information center where the visitor's name, vehicle 
license number, purpose and duration of visit will be recorded prior to 
granting access. Visitor's passes for visitors to Madigan Army Medical 
Center and the Logistics Center/Civilian Personnel Office will be issued 
at the Madigan and Logistics Center gates respectively.
    (c) Visitor's passes. HFL Form 1138 (Fort Lewis Visitor Pass) valid 
for a period not to exceed 24 hours unless otherwise noted below, may be 
issued only when one or more of the following criteria is met.
    (1) Personnel in possession of proper orders directing temporary 
duty at Fort Lewis may be issued a visitor's pass for periods not to 
exceed 13 days. Personnel ordered to temporary duty at Fort Lewis for 
periods in excess of 13 days but less than 90 days will be required to 
obtain a temporary vehicle registration.
    (2) Persons visiting Fort Lewis military personnel or their family 
members may be issued visitor's passes for periods up to and including 
13 days when personally requested by the military sponsor.
    (3) Moving vans and commercial delivery vehicles will be issued 
visitor's passes after the operator displays a bill of lading or other 
official documentation demonstrating a legitimate need to enter Fort 
Lewis.
    (4) Contract vehicles not qualifying for installation vehicle 
registration pursuant to Fort Lewis Supplement 1 to AR 190-5 will be 
issued a visitor's pass as provided in paragraph (c) of this section, 
after the purpose of the visit has been verified by the Contracting 
Officer's Representative, or the Contractor when the former is not 
available.

[[Page 205]]

    (5) Prior to issuing a visitor's pass to unsponsored personnel who 
desire to visit unit areas, club facilities and other recreational 
facilities, security personnel will telephonically contact the person to 
be visited. If the person to be visited cannot be contacted to verify 
the visit, the visitor will be denied entry. Unsponsored personnel 
desiring to visit the Fort Lewis Museum may be issued a visitor's pass 
valid until museum closing time on day of issue, provided security 
personnel telephonically contact the museum and verify the hours of 
public operation that day prior to issuing the visitor's pass.
    (6) Soldiers, dependent family members, and Department of the Army 
employees who sponsor visitors to the installation remain responsible 
for the conduct of their guests on Fort Lewis for the duration of the 
visit.
    (d) Heightened security controls. Access control measures 
implemented during periods of enhanced security will be in accordance 
with AR 190-52 and the I Corps and Fort Lewis Installation Security and 
Closure Plan. During periods of heightened security controls, sponsors 
may be required to personally report to the Visitor's Information Center 
to accept responsibility for the visitor.



Sec.  552.110  Requests for exception.

    The installation commander or his deputy may grant exceptions to the 
prohibitions contained in paragraph (c)(4) of this section. An 
application for exception shall be submitted to the installation Public 
Affairs Liaison Officer at least seven days prior to the date of the 
requested activity. The application must be in writing, and must specify 
the particular activity proposed, the names of the persons and 
organizations sponsoring the activity, the number of participants, and 
the time, date and specific place or places the requester proposes the 
activity occur. In addition, the application shall be signed by the 
requester or by a representative of the requesting organization, if any, 
and contain an address and local telephone number where the requester or 
representative can be reached in the event further information is 
needed.



Sec.  552.111  Severability.

    If a provision of this Regulation is declared unconstitutional, or 
the application thereof to any person or circumstance is held invalid, 
the constitutionality or validity of every other provision of this 
Regulation shall not be affected thereby.



  Subpart I_Physical Security of Arms, Ammunition, and Explosives_Fort 
                            Lewis, Washington

    Source: 56 FR 25040, June 3, 1991, unless otherwise noted.



Sec.  552.112  Purpose.

    To provide enhanced security for the protection of arms, ammunition, 
explosives (AA&E) and sensitive items at Fort Lewis.



Sec.  552.113  References.

    This regulation is to be used in conjunction with the following:
    (a) AR-190-11 with Forces Command and Training Command Supplement 1 
(Physical Security of Arms, Ammunition and Explosives).
    (b) AR 190-13 with Forces Command and Training Command Supplement 1 
(The Army Physical Security Program).
    (c) Fort Lewis Regulation 210-1 (Installation Fort Lewis Post 
Regulations).
    (d) Headquarters Fort Lewis Form 816 (Registration of Personal 
Firearms).



Sec.  552.114  Violations.

    Violations of the provisions of this regulation are subject to 
disciplinary actions under the Uniform Code of Military Justice, 
judicial action as authorized by state or federal law, or administrative 
action as provided by controlling regulation.



Sec.  552.115  Applicability.

    This regulation is applicable to all Active Army, Reserve Officer 
Training Corps (ROTC), U.S. Army Reserve (USAR), and Army National Guard 
(ARNG) units training and/or assigned/

[[Page 206]]

attached to Fort Lewis and its sub-installations. This regulation also 
applies to tenant units/activities stationed on Fort Lewis. It is also 
applicable to all persons, both military and civilian, who reside on or 
who otherwise enter Fort Lewis Military Reservation for whatever reason.



Sec.  552.116  Privately owned weapons--security.

    Privately owned arms and ammunition will be secured in the manner 
required for military weapons and ammunition but separate from military 
arms, ammunition, and explosives (AA&E) items.



Sec.  552.117  Disposition of Commander's Letter of Authorization.

    The unit commander's written approval to withdraw privately owned 
weapons from the unit arms room will be attached to the record of the 
next weekly arms, ammunition, and explosive (AA&E) inventory. Following 
is a Sample Request for Authorization to Withdraw Weapon from Arms Room:

Office Symbol___________________________________________________________
Date____________________________________________________________________
Memorandum for Commander of unit concerned, Fort Lewis, WA 98433
Subject: Request Authorization to Remove Privately Owned Firearm/Weapon 
from the Unit Arms Room
    1. Request authorization to remove the following firearm/weapon 
registered in my name from the arms room. The firearm/weapon is a 
__________ (type) and serial number is ________________.
    2. The firearm/weapon will be removed on __________ (date) and 
returned on __________ (date).
    3. The reason for removal is

________________________________________________________________________
(Name/rank/unit/signature of individual making request)

Office Symbol 1st End SFC Jones/mmm/telephone CDR, Unit concerned, Fort 
          Lewis, WA 98433
FOR (individual making request plus complete address) Approval is 
          granted.
(Signature block of authorizing official)



Sec.  552.118  Issuance from unit arms room.

    When privately owned weapons are withdrawn from the arms room, DA 
Form 3749 (Equipment Receipt), will be turned in and the weapon will be 
signed out on Headquarters Fort Lewis Form 938 (Weapons/Ammunition and 
Sensitive Item Issue and Turn-In Register). The armorer will provide the 
owner with a copy of Headquarters Fort Lewis Form 816 (Registration of 
Personal Firearms), which will remain with the weapon at all times. When 
the weapon is turned back in to the arms room, the HFL Form 816 will be 
turned in also.



Sec.  552.119  Registration and storage.

    (a) All types of personal weapons to include rifles, shotguns, 
handguns and antique firearms owned by personnel residing on Fort Lewis 
Military Reservation will be registered at the Weapons Registration 
Office, Law Enforcement Command, within 72 hours (three working days) 
after signing in to his/her permanent unit of assignment. HFL Form 816, 
Registration of Personal Firearms, will be completed in triplicate. The 
unit commander is responsible for verifying proof of legal ownership 
paperwork on all data entered on HFL 816. The Military Police Weapons 
Registration Section will retain two copies of the completed 
registration form and issue one copy to the individual to be retained 
with the weapon at all times. The Weapons Registration Section will 
forward one copy of the form to the individual's unit commander. The 
commander's copy of the registration will be maintained in the unit arms 
room for personnel storing personal weapons in the unit arms room. When 
an individual possessing a personal weapon transfers (intra-
installation), the losing commander will ensure that HFL Form 816 is 
forwarded to the gaining commander. The gaining commander will ensure 
that the individual re-registers the personal weapon within 72 hours 
(three working days). The commander of 525th Replacement Detachment is 
responsible for the storage of personal weapons of newly arriving 
personnel, temporarily assigned to the unit. Personnel residing off post 
who wish to bring personal weapons on post are also required to register 
those weapons. Weapons registration forms (HFL 816) will be turned in at 
the Weapons Registration Section when

[[Page 207]]

clearing post. Upon any sale or transfer of a registered weapon, the 
transaction will be immediately reported within 72 hours (three working 
days) to the Registration Office. For additional guidance on weapon 
registration, refer to Fort Lewis Regulation 210-1.
    (b) All soldiers are required to inform the unit commander if they 
are storing privately owned weapons within a 100 mile radius of Fort 
Lewis. Soldiers residing off-post must inform the unit of the location 
of the weapon(s). Those weapons must be registered if they are to be 
brought onto the installation for any type of authorized use.
    (c) Privately owned weapons of soldiers residing in the unit 
billets, Bachelor Enlisted Quarters (BEQ), or Bachelor Officer Quarters 
(BOQ), will be stored in the assigned unit arms room under the following 
provisions:
    (1) Commanders may authorize their personnel who reside in billets, 
BEQ or BOQ to store privately owned weapons in the off post quarters of 
another member of his/her unit or in the quarters of immediate family 
members residing in the area.
    Family members will be considered sponsors for paragraph (b) (2) 
thru (5) of this section.
    (2) A unit member who resides off post may sponsor a maximum of one 
unit member who resides in billets, BEQ or BOQ for storage of privately 
owned weapons.
    (3) Request to store weapons off post must be submitted in writing 
to the unit commander, indicating the name, exact address and phone 
number of the proposed unit sponsor. Request must be accompanied by a 
written authorization from the sponsor to store the weapons, and a copy 
of HFL 816. Request must be kept on file in the unit arms room until 
legal disposition of the weapon is presented to the unit commander.
    (4) Civilians (except for immediate family residing in the area) and 
military dependents will not be considered as sponsors to store 
privately owned weapons for military members.
    (5) Unit commanders have the responsibility to verify the off post 
location for off post storage requests and ensure that military members 
comply with both local and state laws governing possession and use of 
privately owned weapons.
    (d) Weapons stored in unit arms rooms may be issued to registered 
owners only for authorized hunting or participation in authorized target 
practices or matches. Request for issue of a privately owned weapon from 
the arms room must be in writing indicating the inclusive dates and 
times, reasons and serial number of weapon for issue. Weapons stored in 
the unit arms rooms may not be issued to anyone other than the 
registered owner.
    (e) Properly registered privately owned weapons may be kept at the 
owners assigned government family quarters if approved in writing by the 
unit commander. One copy of the completed HFL Form 816 will be 
maintained on file in the unit arms room. Intra-post transfer rules as 
stated in paragraph (a) of this section apply.
    (f) Privately owned weapons with a maximum of 100 rounds of 
ammunition (per weapon) may be stored in the unit arms room. Weapons and 
ammunition will be stored separately. The owner of a privately owned 
weapon will be issued a hand receipt when the weapon and/or ammunition 
is turned in to the arms room. The owner will return the hand receipt 
when the weapon and/or ammunition is removed from the arms room for any 
reason.
    (g) Weapons cancellation and installation clearance will be as 
follows:
    (1) Commander will ensure that privately owned weapons registered 
with Weapons Registration Section are de-registered during the 
outprocessing or when legally disposed of.
    (2) Individuals who register a privately owned weapon and legally 
dispose of the weapon while it is still registered will surrender the 
registration certificate to the Weapons Registration Section at the time 
of disposal along with appropriate disposition documents.



Sec.  552.120  Possession and control.

    (a) Possession of weapons on the post by civilians is prohibited 
with the following exceptions:
    (1) Engaged in authorized hunting.
    (2) Engaged in authorized target practice.

[[Page 208]]

    (3) Engaged in authorized and organized shooting matches.
    (b) Request for authorization for these exceptions will be submitted 
in writing to the Commanding General, I Corps and Fort Lewis. Prior 
coordination for the use of ranges will be made through the Range 
Control Officer or Range Scheduling. Civilians who fail to comply with 
this regulation are subject to charges of Trespassing, Unlawful 
Discharge of a Firearm, and other criminal offenses as applicable.
    (c) Military or civilian personnel are not authorized to bring 
personal weapons into field training sites.
    (d) Carrying of concealed privately owned weapons by either military 
or civilian personnel is prohibited while on the Fort Lewis Military 
Reservation regardless of whether a state or county permit has been 
obtained. For the purpose of this regulation, a concealed weapon is any 
instrument used or designed to be used in an offensive or defensive 
manner which is carried in such a way as to be hidden from ordinary 
view. Folding knives with a blade of three inches or less are 
specifically excluded from this definition. Request to carry concealed 
weapons will be submitted in writing, with full what and why 
justification, to the Commanding General, I Corps and Fort Lewis, 
through appropriate channels.



Sec.  552.121  Possession or retention of prohibited weapons.

    Prohibited weapons are defined as:
    (a) Any instrument or weapon of the kind usually known as a sling 
shot, sand club, metal knuckles, spring blade knife, or any knife from 
which the blade is automatically released by a spring mechanism or other 
mechanism or other mechanical device, or any knife having a blade which 
opens, falls, or is effected into position by force of gravity or an 
outward thrust or centrifugal movement, or any knife with a blade with a 
length in excess of three inches. This does not include knives designed 
for and used during hunting and fishing activities. However, such knives 
may only be carried while participating in those activities. The 
possession of knives kept in quarters and designed for the use in the 
preparation of food is authorized.
    (b) Any incendiary devices, military ammunition and/or explosives.
    (c) Any weapons not legally obtained.
    (d) Any instrument commonly used in the practice of martial arts, 
for example, a nunchaku, except during the legitimate martial arts 
training. If martial arts use is authorized, storage of these 
instruments during nontraining periods will be in a location other than 
the arms room, as designed by the unit commander for soldiers residing 
in troop billets, BEQ or BOQ. Martial arts instruments may be stored in 
assigned government family quarters during nontraining periods.
    (e) Any weapons on which the name of the manufacturer, serial number 
of identification have been changed, altered, removed or obliterated 
unless done for legitimate repair or part replacement.



Sec.  552.122  Personnel not authorized to possess or retain personal weapons.

    (a) Possession, retention or storage of personal weapons or 
ammunition by person(s) described below is prohibited:
    (1) Any person who has been convicted in any court of a crime of 
violence. For the purpose of this regulation, a crime of violence is one 
in which the use of force or threat of force is an element.
    (2) Any person who is a fugitive from justice.
    (3) Any person who has been convicted in any court of the 
possession, use, or sale of marijuana, dangerous or narcotic drugs.
    (4) Any person who is presently declared as mentally incompetent or 
who is presently committed to any mental institution.
    (5) Any civilian, or other than a military family member or a law 
enforcement officer authorized to carry the weapon under state or 
federal law, while on Fort Lewis or a sub-installation, except while 
hunting or engaged in authorized target practice or an organized match, 
unless specifically authorized in writing by the Commanding General, I 
Corps and Fort Lewis.
    (b) Any person under the age of eighteen is prohibited from the use 
of firearms unless accompanied and supervised by a parent or legal 
guardian.

[[Page 209]]

    (c) Delivery of a personal handgun to persons known to be under the 
age of twenty-one, persons known to have been convicted of a crime or 
violence, persons known to be a drug abuser or under the influence of 
drugs, persons known to be an alcoholic or currently under the influence 
of alcohol or a person known to be of unsound mind, is prohibited.



Sec.  552.123  Storage of personal weapons other than firearms or handguns.

    Privately owned weapons, such as knives, swords, air guns, BB guns, 
cross bows, pellet guns, bow and arrows, of personnel residing the unit 
billets will be stored in a separate locked container, within a secured 
storage area designated for this purpose by the unit commander, in a 
location other than the unit arms room.



Sec.  552.124  Transportation of privately owned weapons and ammunition.

    (a) Privately owned firearms and ammunition will be transported in 
the following manner:
    (1) Weapons, other than weapons being transported into Fort Lewis 
for the first time, may be carried in vehicles only when traveling to 
and from an authorized hunting area during hunting seasons or enroute to 
or from authorized target practice and matches.
    (2) The carrying of loaded privately owned weapons in a vehicle is 
prohibited.
    (3) Privately owned weapons carried in a vehicle will be secured in 
the trunk or encased and carried in such a manner that they will not be 
readily available to the driver or passenger.
    (b) Personnel who remove privately owned weapons from Fort Lewis or 
sub-installations will comply with applicable Federal, state, and local 
laws pertaining to the ownership, possession and/or registration of 
weapons.



Sec.  552.125  Disposition of confiscated weapons.

    Commanders will maintain confiscated weapons in the unit arms room 
pending final disposition. They will provide written notification of the 
circumstances or loss or recovery of such weapons and a complete and 
accurate description of the weapon to Commander, I Corps and Fort Lewis, 
ATTN: AFZH-PMS-P, Fort Lewis, WA 98433-5000. A copy of this notification 
will be maintained with the weapon pending final disposition.



Subpart J_Control of Firearms, Ammunition and Other Dangerous Weapons on 
                               Fort Gordon

    Source: 56 FR 37130, Aug. 2, 1991, unless otherwise noted.



Sec.  552.126  Definitions.

    For the purpose of this part, the following definitions apply:
    (a) Ammunition. Projectiles together with their fuses, propelling 
charges, and primers that are designed to be expelled from a firearm. 
This includes any type of military and commercial ammunition (ball, 
trace, incendiary, blank, shotgun, black powder, and shot). Items shall 
only be considered as ammunition when loaded into a cartridge with its 
bullet and primer.
    (b) Pellet and BB Guns. Any type rifle, pistol, or other instrument 
designed or redesigned, made or remade, modified or remodified to expel 
BBs or pellets by springs, compressed air, CO2, or any other 
compressed gas cartridge.
    (c) Dangerous Instruments. Any device which is designed or 
redesigned, made or remade, modified or remodified to be used as an 
offensive or defensive weapon. Devices of this type include but are not 
limited to:
    (1) ``Constant companion'' or any similar weapon, designed or 
redesigned, made, or remade modified or remodified to be worn as a belt 
buckle, brass knuckles, ``Knucklers,'' and ``Knucks.''
    (2) Studded or spiked wrist bands, or any device designed or 
redesigned, made or remade, modified or remodified to fit over the hand 
or wrist which can be used to cause grave bodily harm.
    (3) Blackjacks, slapjacks, slappers, saps, including homemade 
substitutes, other bludgeons (with or without handles), and metal pipes.
    (4) ``Nanchaku'' (num-chucks), two or more sticks connected by rope, 
cord, or chain and normally used as a martial

[[Page 210]]

arts weapon. ``Shuriken'', a disc or any geometrical object designed to 
be thrown as a weapon. ``Manrikiqusari'' or ``Kusari,'' a rope or cord 
joined to a weight at each end and designed to be used as a weapon. 
``Sai'' fighting forks or other similar weapons.
    (5) Any finger ring with blades or sharp objects that are capable of 
being projected/extended from the surface of the ring.
    (6) Any device capable and primarily intended for discharging darts 
or needles.
    (7) All firearms.
    (8) Slingshots (not including small slingshots made for use by 
children), other missile throwing devices, or any other instrument 
designed to produce bodily harm.
    (d) Explosive, incendiary, and pyrotechnic devices. Any type of 
military or commercial explosive, incendiary, gas or smoke bomb, 
grenade, rocket, missile, mine, blasting cap, ``dummy'' and/or practice 
device such as simulators, and other similar detonating devices which 
are capable of being altered to contain a live charge, and pyrotechnic 
devices such as firecrackers, cherry bombs, bottlerockets, and 
starclusters.
    (e) Firearms. (1) A shotgun having a barrel or barrels of less than 
18 inches in length.
    (2) A weapon made from a shotgun, if such weapon as modified has an 
overall length of less than 26 inches or a barrel or barrels of less 
than 18 inches in length.
    (3) A rifle having a barrel or barrels of less than 16 inches in 
length.
    (4) A weapon made from a rifle if such weapon as modified has an 
overall length of less than 26 inches or a barrel or barrels of less 
than 16 inches in length.
    (5) A machine gun.
    (6) A muffler or a silencer for any firearm whether or not such 
firearm is included within this definition. The term shall not include 
an antique firearm or any device (other than a machine gun) which, 
although designed as a weapon, by reason of the date of its manufacture, 
value, design, and other characteristics is primarily a collector's item 
and is not likely to be used as a weapon. For purpose of this 
definition, the length of the barrel on a shotgun or rifle shall be 
determined by measuring the distance between the muzzle and the face of 
the bolt, breech, or breechlock when closed and when the shotgun or 
rifle is cocked. The overall length of a weapon made from a shotgun or 
rifle is the distance between the extreme ends of the weapon measured 
along a line parallel to the center line of the bore.
    (f) Knives, sabers, swords, and machetes. Any instrument having a 
sharp blade which is fastened to a handle, or made with a handle. 
Measurement of the blade will be from the tip of the blade to the point 
where the blade meets the handle. This includes folding knives, 
switchblades, gravity knives, stilettos, lock blade knives, swords, 
sabers, and machetes.
    (g) Machine gun and automatic weapon. Any weapon which shoots, is 
designed to shoot, or can be readily restored to shoot automatically 
more than one shot without manual reloading, by a single function of the 
trigger. The term shall also include the frame or receiver of any such 
weapon, any part designed and intended solely and exclusively, or 
combination of parts designed and intended, for use in converting a 
weapon into a machine gun, and any combination of parts from which a 
machine gun can be assembled if such parts are in the possession or 
under the control of a person.
    (h) Pistol. A weapon originally designed, made, and intended to fire 
a projectile (bullet) from one or more barrels when held in one hand, 
and having:
    (1) A chamber(s) as an integral part(s) of, or permanently aligned 
with, the bore(s).
    (2) A short stock designed to be gripped by one hand and at an angle 
to and extending below the line of the bore(s).
    (i) Public gathering. Shall include, but shall not be limited to, 
athletic or sporting events, schools or school functions, churches or 
church functions, rallies, or establishments at which alcoholic 
beverages are sold for consumption on the premises.
    (j) Revolver. A projectile weapon, of the pistol type, having a 
breechloading chambered cylinder so arranged that

[[Page 211]]

the cocking of the hammer or movement of the trigger rotates it and 
brings the next cartridge in line with the barrel for firing.
    (k) Rifle. A weapon designed or redesigned, made or remade, and 
intended to be fired from the shoulder. Also, designed or redesigned and 
made or remade to use the energy of the explosive in a fixed cartridge 
to fire only a single projectile through a rifled bore for each single 
pull of the trigger, and shall include any such weapon which may be 
readily restored to fire a fixed cartridge.
    (l) Shotgun. A weapon designed or redesigned, made or remade, and 
intended to be fired from the shoulder; and designed or redesigned, made 
or remade, to use the energy or the explosive in a fixed shotgun shell 
to fire through a smooth bore either a number of projecting (ball shot) 
or a single projectile for each single pull of the trigger and shall 
include any such weapon which may be readily restored to fire a fixed 
shotgun shell.
    (m) Silencer. Any device for silencing, muffling, or diminishing the 
report of a portable firearm, including any combination of parts, 
designed or redesigned, and intended for the use in assembling or 
fabricating a firearm silencer or firearm muffler, and any part intended 
only for use in such assembly or fabrication.
    (n) Weapon. An instrument used in an offensive or defensive manner.



Sec.  552.127  Prohibitions.

    (a) Prohibited items. It is prohibited to possess, carry, conceal, 
transport, store, transfer or sell any of the following weapons or 
devices, on, through, or within the confines of Fort Gordon unless 
specifically allowed elsewhere in this part:
    (1) Sawed-off shotgun.
    (2) Sawed-off rifle.
    (3) Machine gun and automatic weapons.
    (4) Silencers.
    (5) Dangerous instruments as defined in Sec.  552.126(c) of this 
part.
    (6) Explosives, Incendiary and Pyrotechnic Devices, as defined in 
Sec.  552.126(d) of this part.
    (7) Knives with automatic blade openers (i.e., switch blades, 
gravity knives, stilettos) of any blade length. Folding or fixed bladed 
knives with a blade length of more than 3 inches. Swords, sabers, and 
machetes with sharpened blades.
    (8) Any object which carries an electrical current of sufficient 
wattage to deliver a shock to a person, such as cattle prods, stun guns, 
``taser'' or ``public defenders.''
    (9) Umbrellas, canes, or walking sticks with sharpened points or 
removable handles which convert into a sword type instrument.
    (b) Carrying a concealed weapon. A person commits the offense of 
carrying a concealed weapon when he/she knowingly has or carries about 
his/her person, unless in an open manner and fully exposed to view, any 
bludgeon, metal knuckles, firearm, or knife designed for the purpose of 
offense and/or defense, or any other dangerous or deadly weapon or 
instrument of like character outside of his/her home or place of 
business.
    (c) Carrying deadly weapons to or at public gatherings. A person 
commits an offense under this section when he/she carries to, or 
possesses while at, a public gathering any explosive compound, firearm, 
or knife designed for the purpose of offense and/or defense. This 
paragraph shall not apply to necessary equipment for military personnel 
in a formation when a weapon is required, or to police/security 
personnel while in performance of their duties.
    (d) Prohibited possession and storage. It is prohibited to possess 
or store ammunition, firearms, knives with blades more than 3 inches, 
bows and arrows, crossbows, and BB and pellet guns, in locations other 
than those specified in Sec.  552.128 except under conditions specified 
in Sec.  552.129. Prohibited locations for these items include, but are 
not limited to, living spaces and common areas of billets, squad rooms, 
privately-owned vehicles, exterior storage sheds, camper trailers, and 
offices. Commanders will designate an arms room and times for weapons 
turn-in. During periods when arms rooms are closed, the Staff Duty 
Officer (SDO) will ensure the weapon is secured in accordance with (IAW) 
this subpart. A receipt will be given for each weapon received, 
reflecting the weapon's make, serial

[[Page 212]]

number, identity of owner and other data deemed appropriate.
    (e) Carrying of straight razors, unless the razor is in the original 
sealed package, is prohibited.
    (f) Exemptions. Nothing in this subpart shall prohibit:
    (1) Military members or DOD civilian employees from possessing or 
using military weapons, military ammunition or explosives, or military 
devices in a lawful manner while in the performance of their military 
duties while acting under orders of superior military authority, for 
training, or other authorized purposes, as prescribed by applicable Army 
Regulations.
    (2) Military and DOD civilian personnel, while in the performance of 
official law enforcement duties, from possessing or using government 
ammunition, explosives or devices in a lawful manner, as prescribed by 
applicable laws or regulations or by their lawful superiors.
    (3) Federal, state, county or local law enforcement personnel, while 
in the performance of official law enforcement duties, from possessing 
or using government or privately-owned weapons, ammunition, explosives 
or devices in a lawful manner, as prescribed by applicable laws or 
regulations or by their lawful superiors.
    (4) Government contractors, while in performance of their contract 
from possessing or using weapons, ammunition, explosives or devices, IAW 
the provisions of their contract and as determined by the contracting 
officer.
    (5) Individuals with Federal firearms licenses (class III) from 
possessing, carrying, and transporting class III weapons IAW Federal 
regulations; however, they are prohibited from concealing, storing, 
transferring, or selling class III weapons within the confines of Fort 
Gordon.
    (6) Individuals from possessing, carrying, transporting, or storing 
decorative, ornamental, and ceremonial swords and sabers within the 
confines of Fort Gordon when used strictly for display and ceremonies.
    (7) Individuals and agencies from possessing, transporting, storing, 
selling, or using fixed bladed knives with a blade length of more than 3 
inches when used for their lawful purpose (i.e., steak knives, cooking 
knives, hunting knives) and when in compliance with all other 
requirements in this subpart.
    (8) Flares used for emergency warning devices in automobiles may be 
transported in the locked trunk or glove compartment of an automobile.



Sec.  552.128  Requirements for possession and use.

    All persons entering or otherwise on Fort Gordon may possess 
legally-defined and privately-owned firearms, ammunition, pellet and BB 
guns, knives, bows and arrows, and crossbows under the following 
conditions:
    (a) Privately-owned firearms, crossbows, pellet and BB guns 
possessed or stored on the installation must be registered at the 
Installation's Provost Marshal Office within 3 working days after 
arrival on the installation, or after obtaining the weapon, except:
    (1) Firearms legally brought onto the installation for the purpose 
of hunting or firing at an approved firing range, and only for the 
period of time the person possessing the firearms is hunting or firing 
on the range.
    (2) Firearms carried by federal, state, county, or local law 
enforcement personnel when in the performance of official law 
enforcement duties.
    (b) Personnel residing in family housing, bachelor officers' 
quarters/bachelor enlisted quarters/visiting officer quarters (BOQ/BEQ/
VOQ) and guest housing, may store legally-acquired, authorized 
ammunition, knives with a blade measuring more than 3 inches, bows and 
arrows, registered crossbows, registered pellet and BB guns, and 
registered firearms within their quarters.
    (c) Personnel residing in troop billets may store legally-acquired 
authorized ammunition, knives and blades measuring more than 3 inches, 
bows and arrows, registered crossbows, registered pellet and BB guns and 
registered firearms in unit arms rooms. The unit arms room should 
utilize a standard weapons card and log book to document storage, 
removal, and return.
    (d) Persons 17 or under must be accompanied by a person over the age 
of 21, who will be responsible for compliance with the requirements of 
this subpart while hunting or target shooting

[[Page 213]]

on the installation and when purchasing legal arms (including knives 
with blades over 3 inches) and ammunition from installation retail 
outlets.
    (e) Persons must be in compliance with federal and state laws 
regarding possession (i.e., age, criminal record restrictions, etc.).
    (f) Storage, accountability, and registration procedures will be in 
accordance with (IAW) Army Regulation (AR) 190-11 (Physical Security of 
Arms, Ammunition and Explosives) and supplements. Copies of the AR may 
be obtained from the National Technical Information Service, 5285 Port 
Royal Road, Springfield, VA 22161.
    (g) Loss or theft of firearms and ammunition will be reported to the 
Fort Gordon military police desk sergeant immediately. Reports will 
contain all available details of the incident and a description of the 
lost item.



Sec.  552.129  Requirements for carrying and use.

    Persons legally authorized to possess firearms, ammunition, knives 
(with blades longer than 3 inches), bows and arrows, and crossbows, may 
carry or transport legally possessed and registered (if required) 
weapons under the following conditions:
    (a) For purposes of hunting: From quarters, on or off the 
installation, by the most direct route to hunting area and return. 
Stopping at other installation facilities while en route is prohibited 
(i.e., post exchange, club, offices, etc.). Individual must have in his/
her possession weapon registration (if applicable), valid state hunting 
license, valid Fort Gordon hunting permit and an area access pass (if 
applicable).
    (b) For purposes of target shooting, selling the weapon or having 
the weapon repaired: From quarters by the most direct route to approved 
range or to the location where the weapon is to be sold or repaired and 
returned. Stopping at other installation facilities while en route is 
prohibited. Individual must have in his/her possession at all times his/
her registration (if applicable).
    (1) When carried, weapons will be carried in an open manner (not 
concealed). Firearms will be unloaded when carried (i.e., projectiles 
physically separated from the firearms, not just removed from the 
chamber), except when actually engaged in hunting or shooting. Knives 
will be carried in a sheath or scabbard worn in a clearly visible 
manner. Commanders may authorize the carrying of a privately-owned, 
knife with a blade over 3 inches to field duty. The provost marshal may 
authorize the carrying of a privately-owned, sheathed, lock blade knife 
on military and DOD police officers' pistol belts.
    (2) When transported in a vehicle, weapons will be in plain view in 
the passenger area of the vehicle or secured (locked) in the trunk or 
other rear compartment of the vehicle, not readily accessible from the 
passenger area (i.e., locked tool box secured to bed of a truck). 
Firearms will be unloaded and the ammunition physically separated from 
the firearms. THE GLOVE COMPARTMENT OF A VEHICLE IS NOT AN AUTHORIZED 
COMPARTMENT FOR STORING PISTOLS.
    (3) Firearms, bows and arrows, crossbows, pellet and BB guns will 
not be loaded, fired, or used within any housing area or cantonment area 
of the installation; within 50 yards of any public highway, street or 
Fort Gordon named street or numbered road, or across same; within 100 
yards of any designated recreation area, managed waters, building or 
similar structures; any aircraft landing facility; any ammunition 
storage area (except on approved firing ranges when properly 
authorized); be discharged from vehicles.



Sec.  552.130  Disposition of confiscated/seized weapons.

    All weapons, ammunition, explosives, or other devices defined in 
this subpart, that are confiscated pursuant to the commission of a crime 
or violation of this subpart or other regulation or found unsecured/
unattended on the installation, will be immediately turned over to the 
military police, U.S. Army Criminal Investigation Command (USACIDC), or 
the Federal Bureau of Investigation (FBI) for investigation, retention 
as evidence, or other law disposition. When retention for investigation 
or evidence is no longer required by military police, USACIDC, or other 
law enforcement or judicial agencies, the items will be disposed of 
under the

[[Page 214]]

provisions of AR 195-5, Evidence Procedures. Copies of the AR may be 
obtained from the National Technical Information Service, 5285 Port 
Royal Road, Springfield, VA 22161.

Subpart K [Reserved]



  Subpart L_Prohibited Personnel Practices on the Installation of Fort 
                         Jackson, South Carolina

    Authority: 10 U.S. Code, Ch. 47, 21 U.S. Code 801, et seq.

    Source: 59 FR 31144, June 17, 1994, unless otherwise noted.



Sec.  552.150  Purpose.

    This part is punitive in nature and applies to all persons assigned 
to, attached to, or present on the installation of Fort Jackson, South 
Carolina. A violation of, attempted violation of, or solicitation or 
conspiracy to violate any provision of this part provides the basis for 
criminal prosecution under the Uniform Code of Military Justice, 
applicable Federal Law, other regulations, and/or adverse administrative 
action. Civilian visitors may be barred from the installation of Fort 
Jackson and prosecuted under appropriate Federal laws. The enumeration 
of prohibited activities in this part is not intended to preclude 
prosecution under other provisions of law or regulation.



Sec.  552.151  Scope.

    This part does not list all activities or practices prohibited on 
the installation of Fort Jackson, South Carolina. Various other Army and 
Fort Jackson regulations specifically prohibit other activities or 
practices. See appendix A to this subpart.



Sec.  552.152  Prohibited practices.

    The following activities are prohibited:
    (a) The possession, delivery, sale, transfer, or introduction into 
the installation of Fort Jackson of any device, instrument or 
paraphernalia designed or reasonably intended for use in introducing 
into the human body a controlled substance, as defined in the Controlled 
Substances Act, 21 U.S.C. 801, et seq., is prohibited.
    (b) Unless an exception is approved by the Chief of Staff or a Major 
Subordinate Commander for a special occasion, consumption of alcoholic 
beverages, or the possession of an open container thereof, is prohibited 
under the circumstances listed in this section. For the purpose of this 
part, an ``alcoholic beverage'' is any liquid beverage containing any 
amount of ethyl alcohol, including wines, malt beverages and distilled 
spirits.
    (1) By military personnel in uniform during duty hours (0730-1630).
    (2) By military personnel during their assigned duty hours when 
different than those in paragraph (b)(1) of this section.
    (3) By civilian employees during their assigned duty hours. Lunch 
time is not considered duty time for civilian employees.
    (4) By civilian or military personnel in places of duty.
    (5) By any person in a public place, except: in the Twin Lakes and 
Weston Lake Recreational Areas, in the immediate vicinity of Oyster 
Point (Officers' Club), at installation club facilities governed by 
section II of AR 215-2, and at Army/Air Force Exchange Service (AAFES) 
eating establishments which serve alcoholic beverages for on-premises 
consumption.
    (6) By any person in any Fort Jackson parking lot or parking area, 
to include the Burger King parking lot and all parking lots of AAFES 
facilities and installation club facilities.
    (c) The presence of any person in a training area or of any 
permanent party soldier or civilian employee in a trainee/receptee 
billeting area while impaired by alcoholic beverages or illegal drugs is 
prohibited. For the purpose of this part, ``Impaired by alcoholic 
beverages'' for military personnel is defined as having a blood alcohol 
level of .05 percent (.05 is equivalent to 55 milligrams of alcohol per 
100 milliliters of blood) or more.
    (d) Privately Owned Firearms and Ammunition. For the purpose of this 
part, a ``firearm'' means any device which is designed to or readily may 
be converted to expel a projectile by the action of an explosive. Air/
pellet guns, BB guns and bows are subject to all of

[[Page 215]]

the provisions of this paragraph except paragraph (d)(1) of this 
section.
    (1) It is prohibited for persons residing on the installation to 
fail to register privately owned firearms with their unit commander.
    (2) Storage of privately owned firearms in the barracks is 
prohibited. For the purposes of this part, ``barracks'' does not include 
BOQs or SBEQs.
    (3) It is prohibited to store privately owned firearms in BOQs, 
SBEQs, or family quarters unless the firearm is unloaded, ammunition is 
stored separately from the firearm in a locked container, and one of the 
following methods for firearms storage is employed: by using a trigger 
locking device, by storing the firearm in a locked container, by 
removing the firing pin from the firearm and storing the firing pin in a 
locked container, or by disassembling the firearm and storing the 
disassembled parts in separate places. For the purposes of this part a 
``locked container'' and a ``locking device'' mean locked containers and 
locking devices the keys to which are stored in a place not assessable 
to persons under 18 years of age.
    (4) It is prohibited to carry on one's person any privately owned 
firearm in a public place on the installation of Fort Jackson unless 
participating in an authorized sporting activity or hunting in 
accordance with applicable regulations.
    (5) In addition to the requirements of paragraph (d)(4) of this 
section, a person under 18 years of age is prohibited from carrying on 
his or her person a firearm outside the presence of a responsible adult.
    (6) Carrying a concealed firearm on one's person, except by 
military, state and Federal law enforcement authorities in the 
performance of their duties, is prohibited.
    (7) It is prohibited to transport in a vehicle any privately owned 
firearm except in a manner prescribed by the laws of South Carolina.
    (8) It is prohibited to carry on one's person or transport in a 
vehicle any privately owned firearm within the Weston Lakes and Twin 
Lakes Recreation areas.
    (e) Weapons Other Than Privately Owned Firearms. The possession of 
the following privately owned weapons or devices is prohibited:
    (1) Any knife having a switchblade or automatic blade.
    (2) Brass knuckles or similar devices.
    (3) Blackjacks, saps, nunchaku and similar devices. As exceptions, 
nunchucks may be possessed for bona fide educational instruction or 
competition in a recognized martial arts program and may be carried and 
transported directly to and from educational and competitive martial 
arts events.
    (4) When carried on one's person in an unconcealed manner, knives 
with blades in excess of three inches in length except while engaged in 
authorized hunting, fishing, camping or other outdoor recreational 
activities, or when required by duty purposes.
    (5) When carried on one's person in a concealed manner, knives with 
blades in excess of three inches, razors and ice picks.
    (f) The charging of a usurious interest rate, defined as a rate 
exceeding thirty-six (36) percent per annum or three (3) percent per 
month, for the loan of money or for the extension of credit, is 
prohibited.
    (g) Sexual intercourse or any indecent, lewd or lascivious act in 
any office, barracks, training area, duty location, parking lot, public 
recreation area or public place is prohibited.
    (h) Relationships between service members of different rank or sex 
which involve or reasonably give the appearance of partiality, 
preferential treatment, the improper use of rank or position for any 
personal gain, or which can otherwise be reasonably expected to 
undermine discipline, authority or morale, are prohibited.
    (i) Being present in any ``off-limits'' or ``limited access'' areas, 
except as authorized in Fort Jackson Regulation 190-3, is prohibited 
(See appendix A to this subpart).
    (j) Use of a metal detector for other than official purposes is 
prohibited.
    (k) When directed to do so by the Military Police, failure to 
relinquish possession or control to the Military Police of abandoned 
property found on the installation is prohibited.
    (l) Scavenging in or removal of waste items or recyclable materials 
from dumpsters, garbage cans, outdoor trash

[[Page 216]]

receptacles, recycling collection points, or landfill areas is 
prohibited, except for official purposes. This part does not prohibit 
persons from collecting and disposing of scattered litter, including 
aluminum cans, from roadsides, parking lots and recreation areas.
    (m) It is prohibited for military personnel to engage in outside 
employment of any nature, including ownership or operation of a private 
business, without the prior written approval of their commander. 
Soldiers reassigned or reattached from one Fort Jackson unit to another 
Fort Jackson unit must obtain approval for continued employment from the 
gaining commander within 30 days of reassignment.
    (n) Except as authorized by the Installation Commander, Chief of 
Staff or a Major Subordinate Commander, the use of radios, stereos, tape 
players, compact disk players or any other similar electronic sound 
generating or amplification source, including equipment installed or 
located in motor vehicles, in a manner that can be heard more than 125 
feet from the source, is prohibited. This paragraph does not apply to 
law enforcement or emergency vehicles, or safety warning devices.
    (o) Loitering in any public place on Fort Jackson, to include all 
parking lots, is prohibited. Loitering is defined as remaining idle in 
essentially one location, spending time idly, loafing, or walking around 
without a purpose in a public place in such a manner as to create a 
disturbance or annoyance to the comfort of any person, create a danger 
of a breach of the peace, obstruct or interfere with any person lawfully 
in any public place, or obstruct or hinder the free passage of vehicles 
or pedestrians. Any person loitering as defined above in any public 
place may be ordered by a law enforcement officer to leave that place or 
the Fort Jackson military reservation.



Sec.  552.153  Dissemination.

    (a) Unit commanders and supervisors shall ensure that newly assigned 
or attached military and civilian personnel are informed of the 
prohibitions contained in this regulation. Soldiers-in-training will be 
informed of the provisions of this regulation at the beginning of each 
training cycle.
    (b) All permanent party personnel and civilian employees will be 
reminded annually of their duty to comply with this part.



    Sec. Appendix A to Subpart L of Part 552--Partial List of Other 
 Publications Applicable on Fort Jackson Which List Prohibited Practices

    These publications are available for inspection at the Office of the 
Staff Judge Advocate, Fort Jackson, SC 29207-5000.
    1. Distribution of Written Materials on the Installation--Fort 
Jackson Supplement 1 to AR 210-10.
    2. Demonstrations, Pickets, Sit-ins, etc.--Fort Jackson Supplement 1 
to AR 210-10.
    3. Standards of Ethical Conduct for Employees of the Executive 
Branch, 5 Code of Federal Regulations, part 2635.
    4. Improper Associations--Fort Jackson Regulation 600-5.
    5. Mistreatment of Soldiers-in-Training--Fort Jackson Regulation 
350-1.
    6. Participation in Military Labor Unions--Army Regulation 600-20.
    7. Traffic Violations--Fort Jackson Regulation 190-5.
    8. Areas of Access--Fort Jackson Regulation 190-3.



 Subpart M_Land Use Policy for Fort Lewis, Yakima Training Center, and 
                             Camp Bonneville

    Authority: 16 U.S.C. 470, 1531-1543; 18 U.S.C. 1382; 50 U.S.C. 797.

    Source: 59 FR 34762, July 7, 1994, unless otherwise noted.



Sec.  552.160  Purpose.

    (a) This subpart establishes procedures for entry to maneuver 
training areas at Fort Lewis, Yakima Training Center (YTC), and Camp 
Bonneville. Procedures for other sub-installations to Fort Lewis will be 
developed by the Commanders of those installations.
    (b) Uninterrupted military use of training areas is vital to the 
maintenance of US and Allied Armed Forces combat readiness. In addition, 
maneuver training areas may be dangerous to persons entering without 
warnings provided during training scheduling or use permit processing.

[[Page 217]]



Sec.  552.161  References.

    See appendix E to this subpart.



Sec.  552.162  Abbreviations.

    See appendix F to this subpart.



Sec.  552.163  Applicability.

    (a) This subpart is applicable to all military and civilian users of 
the range complexes at Fort Lewis, Yakima Training Center, and Camp 
Bonneville.
    (b) This subpart governs all use of the Fort Lewis, Yakima Training 
Center and Camp Bonneville Military Reservations outside cantonment 
areas, housing areas, and recreational sites controlled by the Director 
of Personnel and Community Activities (DPCA). These areas are designated 
on the Fort Lewis, Yakima Training Center and Camp Bonneville Military 
Installation Maps as Impact Areas and lettered or numbered Training 
Areas (TAs), and comprise the range complexes for each Installation.



Sec.  552.164  General.

    (a) Military training. Use of the Fort Lewis, Yakima Training 
Center, and Camp Bonneville range complexes for military training is 
governed by FL Regs 350-30, 350-31, and 350-32. Scheduling is per FL 
Policy Statement 350-2. Military training always has priority.
    (b) Hunting. Hunting, fishing, and trapping on the range complexes 
are governed by FL Reg 215-1 and the Yakima Training Center Hunting 
Letter of Intent (LOI).
    (c) Fund raising. Fund raising events for non-profit private 
organizations not affiliated with the Army or Fort Lewis per AR 210-1 
require a Corps of Engineers Real Estate Agreement. Requests for fund-
raisers by such non-profit organizations, to be conducted on the Fort 
Lewis range complex, will be sent to the Director of Plans, Training, 
and Mobilization (DPTM) Range Division of preparation of a DPTM staffing 
document. The document will be circulated for comment to Director of 
Personnel and Community Activities (DPCA), Staff Judge Advocate (SJA), 
Public Affairs Officer (PAO), and Director of Engineering and Housing 
(DEH). If the event can be supported, DPTM will advise the organization 
to contact the Director of Engineering and Housing Real Property Branch. 
Requests for such activities at Yakima Training Center will be sent to 
the Yakima Training Center Commander for review and processing. For Camp 
Bonneville, the entry point is the Vancouver Barracks Commander. Corps 
of Engineers Real Estate Agreements require up to 8 months to process, 
and includes payment of a $375.00 minimum administrative fee, with 
actual costs determined on a case by case basis. Requests for 
fundraisers in the cantonment area by private organizations are 
processed per AR 210-1 by the Director of Personnel and Community 
Activities (DPCA).
    (d) Commercial use. Individuals or organizations using the range 
complex for profit-generating activities must possess a Corps of 
Engineers Real Estate Agreement. As stated above, these agreements 
require up to 8 months to process and include a minimum administrative 
fee of $375.00, with actual costs determined on a case by case basis. 
Entry point for these agreements is the DEH Real Property Branch. 
Profit-generating activities include collection of fees for services 
performed on the range complex, or selling materials collected from the 
range complex. Real Estate Agreement holders must check into the range 
complex daily by calling or coming to Area Access.
    (e) Installation service and maintenance. Department of Defense 
(DoD) and contractor personnel on official business are authorized on 
the range complex per appendix C to this subpart. Access to hazard areas 
for such personnel is governed by the appropriate Installation Range 
Regulations.
    (f) Non-DoD personnel in transit. Individuals in transit across Fort 
Lewis on State or County maintained roads, or roads designated for 
public access by the Installation Commander, require no special permits. 
See appendix B to this subpart. This measure does not apply at Yakima 
Training Center or Camp Bonneville.
    (g) Alcoholic Beverages. No alcoholic beverages may be consumed on 
the range complexes except as authorized per FL Reg 210-1.
    (h) Failure to comply. Persons entering the Fort Lewis, Yakima 
Training

[[Page 218]]

Center, or Camp Bonneville range complex without permit or scheduling, 
which constitute the consent of the Commanding Officer or his designated 
representative, are in violation of this regulation and trespassing on a 
controlled access Federal Reservation. Offenders may be cited by 
Military Police and may be subjected to administrative action or 
punishment under either the Uniform Code of Military Justice UCMJ) or 
Title 18 US Code Section 1382, or Title 50 U.S. Code Section 797, as 
appropriate to each individual's status. Administrative action may 
include suspension or loss of recreational privileges, or permanent 
expulsion from the Military Reservations.



Sec.  552.165  Responsibilities.

    (a) Commander, Yakima Training Center:
    (1) Schedule the Yakima Training Center range complex per FL Reg 
350-31 and FL PS 350-2.
    (2) Process requests for non-military, non-commercial use per Sec.  
552.166.
    (b) Commander, Vancouver Barracks:
    (1) Schedule the Camp Bonneville range complex per FL Reg 350-32 and 
FL PS 350-2.
    (2) Process requests for non-military, non-commercial use per 
Paragraph 6c.
    (c) Fort Lewis DPTM.
    (1) Schedule the Fort Lewis range complex per FL Reg 350-30 and FL 
PS 350-2, including allocation of and for recreational use.
    (2) Operate the Fort Lewis Area Access Section.
    (3) Respond to DEH coordination on timber sales and other commercial 
use of the range complex.
    (d) Law Enforcement Agency (LEC). Provide law enforcement and game 
warden patrols on the range complexes.
    (e) Director of Engineering and Housing (DEH).
    (1) Coordinate with DPTM and the appropriate Sub-Installation 
Commander on Real Estate Agreements, timber sales, wildlife management, 
construction, forest management, Installation Training Area Management 
(ITAM), and other DEH or Corps of Engineers managed actions occurring on 
the range complex
    (2) Ensure that Real Estate Agreement holders are required to notify 
Fort Lewis Area Access, YTC DPCA, or Camp Bonneville Range Control, as 
appropriate, of range complex entry.
    (f) DPCA. With DEH, manage Installation hunting, fishing, and 
trapping programs. Manage picnic and recreation sites located in the 
Fort Lewis range complex, as listed in appendix A to this part. Advise 
DPTM on private organizations requesting use of the Fort Lewis range 
complex for fundraisers.
    (g) Public Affairs Office (PAO).
    (1) Act as interface to resolve community relations issues related 
to land use.
    (2) Coordinate equipment and special assistance requests per Sec.  
552.165, and advise DPTM or the appropriate Sub-Installation Commander 
if permit requirements have been waived by the Command Group for a 
particular event or activity.
    (3) Inform DPTM or the appropriate Sub-Installation Commander of 
public response to policy execution.



Sec.  552.166  Recreational use.

    (a) Fort Lewis:
    (1) Individuals or organizations, military or civilian, desiring 
access to the Fort Lewis range complex for recreation must obtain a Fort 
Lewis Area Access permit, composed of HFL Form 652 and HFL Form 653. 
Exceptions are outlined below.
    (2) Exception 1: DoD ID card holders enroute to or using DPCA 
recreational areas listed in appendix A to this subpart need no permit 
other than the ID card. However, travel to and from DPCA areas is 
restricted to the most direct paved or improved two lane roads. DoD 
personnel participating in non-commercial recreational activities listed 
in appendix C to this subpart must have an Area Access permit.
    (3) Exception 2: Organizations or groups whose activity requires 
advanced commitment of a specific site or area, such as Scout Camporees, 
seasonal or one-time regional meets, and so on, must apply to the Fort 
Lewis DPTM, ATTN: Range Division, in writing. At least 30 days are 
required to process these requests. If the requested use is allowable 
and an appropriate area is available, DPTM may approve the request. 
Groups with approved land

[[Page 219]]

commitments will be scheduled onto the Range Complex using HFL 473. 
Actual commitments of land will not be made until after the Quarterly 
Range Scheduling Conference that covers the time period in question. 
Groups who need military equipment or other special support from Fort 
Lewis must apply in writing directly to the I Corps Public Affairs 
Office (PAO).
    (b) Yakima Training Center: Access to the Yakima Training Center 
range complex for recreation requires application in writing to the 
Commander, Yakima Training Center, Yakima WA 98901-9399. Camping is 
normally not permitted on Yakima Training Center. Exceptions may be 
granted by the Yakima Training Center Commander for special events.
    (c) Camp Bonneville: Access to the Camp Bonneville range complex for 
recreation requires a call to Range Control, telephone (206) 892-5800, 
the day before or the day of the activity. Access will be permitted if 
no military maneuver or live fire training is scheduled for the day 
requested.



Sec.  552.167  Activities.

    (a) Authorized activities are listed in appendix C to this subpart.
    (b) Prohibited activities are listed in appendix D to this subpart.



Sec.  552.168  Fort Lewis Area Access Office.

    (a) DPTM Range Division operates the Area Access Section to issue 
permits and grant non-training access to the range complex.
    (b) Area Access is located in Range Control, Building T-6127, 19th 
and Tacoma Streets, Main Post Fort Lewis. Telephone numbers are (206) 
967-4686/6277. Fax extension is 967-4520. E-mail is ``rangeflw.'' 
Business hours vary dependent on personnel fill, and are available by 
calling the above numbers.
    (c) Individuals desiring access for authorized activities must 
register in person at Area Access during business hours. Minimum age is 
18 years, except for active duty military personnel. Persons under 18 
years of age must be sponsored and accompanied by a parent or legal 
guardian. Individual registration requires:
    (1) Picture ID.
    (2) Address and telephone number.
    (3) Vehicle identification and license number, if a vehicle is to be 
brought on post.
    (4) Names and ages of minor family members who will accompany a 
sponsor or permit holder.
    (5) Liability release signature.
    (6) Certification that intended activities are on the authorized 
list and are not for profit or fund-raising. Persons who submit false 
certificates are subject to prosecution in Federal Court under Title 18, 
United States Code, Section 1001, and the provisions of Sec.  552.165 of 
this subpart.
    (d) A wallet-sized permit (HFL Form 653) and a vehicle pass (HFL 
Form 652) will be issued to each person authorized access. The permit is 
not transferable. Entry to the Fort Lewis range complex without the 
permit is prohibited.
    (e) A collective permit will be issued to an organization desiring 
to conduct a one-time group event not tied to a specific area or site, 
maximum length 3 days. The group leader must register in person at the 
Area Access Office and must be 21 years of age or older except for 
active duty military personnel.
    (1) Group registration requires the information listed for 
individual permits above for the group leader(s), plus a list of names 
of all persons in the group.
    (2) Group permits require that all members of the group be with the 
leader throughout the event. If the group plans to separate while on 
Fort Lewis, sub-group leaders must be appointed and must obtain separate 
group permits. The group leader permit is not transferable.
    (3) Events requiring commitment of land must be processed per Sec.  
552.166.
    (f) Aside from the land commitment coordination time requirement in 
Sec.  552.166, there is no deadline for permit application. Permits for 
authorized activities that do not require commitment of land may be 
obtained on the day of the event.
    (g) Group event permits for specialized one-time activities are 
valid for the duration of the event, not to exceed 3 days. Individuals 
activities permits are valid for one year. When a permit

[[Page 220]]

expires, the holder must re-register to renew privileges, and a new 
permit will be issued.
    (h) Access hours are 30 minutes after daylight to 30 minutes before 
dark, except for authorized overnight activities and as outlined in FL 
Reg 215-1.
    (i) All permit holders must check in with Area Access, either 
telephonically or in person, no earlier than 0800 the day prior to the 
event. It is the responsibility of each permit holder to inform a friend 
or relative of the area being used, the estimated time of return, and 
the vehicle being used.
    (j) Except when land commitment has been coordinated and approved, 
Area Access will determine when called for entry whether the area 
requested is available. If the requested area is not open for permit 
holders and an alternate area cannot be provided or is not acceptable to 
the requestor, access will be denied.



Sec.  552.169  Yakima Training Center Area Access Office.

    The Yakima Training Center DPCA functions as the Area Access Officer 
(AAO).



Sec.  552.170  Camp Bonneville Area Access Office.

    Camp Bonneville Range Control (CBRC) functions as Area Access.



Sec.  552.171  Compatible use.

    (a) Military unit commanders may request during initial scheduling 
or subsequent training event coordination that no permit holders be 
allowed in areas they have scheduled for training. If this restriction 
is granted, the Installation Range Control will close appropriate areas. 
The following military activities are considered incompatible with non-
training access and automatically close affected areas:
    (1) Live-fire training events with danger zones extending into 
training areas.
    (2) Parachute and air assault operations.
    (3) Field Artillery firing. The numbered training area occupied by 
the weapons will be closed.
    (4) Training involving riot agents or smoke generating equipment.
    (b) The Installation Range Officer may also close training areas 
based on density of occupation by military units, unit size, or training 
to be conducted.
    (c) Areas allocated to modern firearm deer hunting are closed to 
both training and other recreational activities. At Fort Lewis, when 
pheasant release sites can be isolated by swamps, streams, or roads from 
the rest of a training area, multiple use of the affected training area 
(TA) is authorized.



Sec.  552.172  Violations.

    Anyone observing violators of this or other regulations must report 
the activity, time, and location to the appropriate Area Access Office 
or the Military Police (MP) as soon as possible.



  Sec. Appendix A to Subpart M of Part 552--DPCA Recreational Areas in 
                             Training Areas

    1. This listing applies to Fort Lewis only. There are no such 
facilities at Yakima Training Center or Camp Bonneville.
    2. For DoD member use only, no permit other than ID card required.
    Note: Use of specific sites is authorized only to military, retired 
military, DoD civilian personnel, their family members and accompanied 
guests.

Boat launch adjacent to Officer's Club Beach on American Lake--Beachwood 
          area
Cat Lake Picnic and Fishing Area--Training Area 19
Chambers Lake Picnic and Fishing Area--Training Area 12 (See Para 3 
          below)
Fiander lake Picnic and Fishing Area--Training Area 20
Johnson Marsh--Training Area 10
Lewis Lake Picnic and Fishing Area--Training Area 16
No Name Lake--Training Area 22
Sequalitchew Lake Picnic Area--Training Area 2
Shannon Marsh--CTA D
Skeet Trap Range--2d Division Range Road, CTA E
Solo Point Boat Launch--North Fort, CTA A West
Sportman's Range--East Gate Road, Range 15
Wright Marsh/Lake--CTA C
Vietnam Village Marsh--Training Area 9 and 10
Spanaway Marsh--Training Area 9
Sears Pond--Beachwood Housing
Nisqually River--Training Area 18
    3. For non-DoD member use, permit required: Chambers Lake and 
Nisqually River for fishing only.

[[Page 221]]

    4. The Solo Point road and the South Sanitary Fill roads are also 
open in an east-west direction only to personnel of the Weyerhaeuser 
Corporation and Lone Star Corporation, and their assigns, for business 
or recreation access to adjacent Army owned real estate.



   Sec. Appendix B to Subpart M of Part 552--Non-Permit Access Routes

    1. This listing applies only to Fort Lewis. There are no such routes 
on Yakima Training Center or Camp Bonneville.
    2. The following public easement routes may be used without permit 
or check-in: I-5.

Steilacoom-DuPont Road (ET 286163 or ET 301229).
Pacific Highway Southeast (ET 231121 to ET 249143).
Washington State Route 507 (ET 363065 to ET 428146).
Goodacre and Rice Kandle Roads (ET 386090 to ET 449076).
8th Avenue South (ET 424047 to ET 423127).
8th Avenue East (ET 439077 or ET 439128).
208th Avenue (ET 423128 to ET 431128).
Washington State Route 510 (ET 234065 to ET 246056 and ET 260048 to ET 
          272022).
Yelm Highway (ET 231058 to ET 238061).
Rainier Road Southeast (ES 167999 to ES 212943).
Military Road Southeast (ES 212943 to ES 214945).
Spurgeon Creek Road (ES 177988 to ES 178999).
Stedman Road (ES 152989 to ES 167998).
    3. The following military routes may be used without permit ot 
check-in:

Huggins Meyer Road (North Fort Road, ET 304204-ET 327215)
East Gate Road (C-5 Mock-up to 8th Ave South, ET 423097)
Roy Cut-off (Chambers Lake) Road (East Gate Road to Roy City Limits), 
          when open.
Lincoln Avenue (Old Madigan to ET 390179)
    4. The Solo Point Road is open to Weyerhauser Corporation personnel 
for business and recreation.
    5. DoD personnel and Fort Lewis contractor personnel on official 
business may use all DEH-maintained range roads and trails in the 
training areas.
    6. Range roads closed for training by barricades or road guards will 
not be used. Barricades and guards will not be by-passed.



  Sec. Appendix C to Subpart M of Part 552--Authorized Activities for 
                      Maneuver Training Area Access

    1. Fort Lewis:

Military Training (FL Reg 350-30)
DEH or Corps of Engineers Real Estate Agreement for commercial use (AR 
          405-80)
Installation service and maintenance (AR 420-74, FL Reg 350-30)
    Non-DoD personnel in transit on public-access routes (appendix B) 
non-commercial recreational use:

Hunting, fishing and trapping (FL Reg 215-1)
Dog training (not allowed 1 April through 31 July in selected areas per 
          FL Reg 215-1)
Horseback riding on roads and vehicle tracks
Walking, distance running
Model airplane and rocket flying (Range Control scheduling and Notice to 
          Airmen (NOTAM) required)
Model boating
Orienteering
Sport parachuting
Organized rifle and pistol competition (Range Control scheduling 
          required)
Scout activities and weekend camporees
Observation of wildlife and vegetation
Non-commercial picking of ferns, mushrooms, blackberries, apples and 
          other vegetation
Photography
Hiking
    2. Yakima Training Center:

Military Training (FL Reg 350-31)
DEH or Corps of Engineers Real Estate Agreement for commercial use (AR 
          405-80)
Installation service and maintenance (AR 420-74)
    Non-Commercial recreational use:

Hunting, fishing and trapping (FL Reg 215-1)
Dog training
Horseback riding on roads and vehicle tracks
Walking, distance running
Model airplane and rocket flying (Range Control scheduling and Notice to 
          Airmen (NOTAM required)
Orienteering
Sport parachuting
Organized rifle and pistol competition (Range Control scheduling 
          required)
Scout activities
Observation of wildlife and vegetation
Photography
Hiking
Camping, per Paragraph 6
    3. Camp Bonneville:

Military Training (FL Reg 350-32)
DEH or Corps of Engineers Real Estate Agreement for commercial use (AR 
          405-80)
Installation service and maintenance (AR 420-74)
    Non-Commercial recreational use:

Hunting, fishing and trapping (FL Reg 215-1)
Dog training
Horseback riding on roads and vehicle tracks
Walking, distance running
Model boating
Orienteering

[[Page 222]]

Organized rifle and pistol competition (Range Control scheduling 
          required)
Scout activities and weekend camporees
Observation of wildlife and vegetation
Non-commercial picking of ferns, mushrooms, blackberries, apples and 
          other vegetation
Photography
Hiking
    Note: Permit holders for the above activities must certify that they 
are non-commercial and not for profit.



  Sec. Appendix D to Subpart M of Part 552--Unauthorized Activities in 
                         Maneuver Training Areas

    1. Fort Lewis:

Civilian paramilitary activities and combat games.
Off-pavement motorcycle riding.
Off-road vehicle operation.
Hang gliding.
Ultralight aircraft flying.
Hot air ballooning.
Souvenir hunting and metal-detecting, including recovery of ammunition 
          residue or fragments, archaeological or cultural artifacts, or 
          geological specimens.
Vehicle speed contests.
Wood cutting or brush picking, without DEH or Corps of Engineer permit.
Commercial activities conducted for profit, including horseback riding 
          rentals or guide service, dog training for reimbursement, or 
          fund-raising events for other than non-profit organizations 
          working in the public good. Fund raisers require DEH Real 
          Estate Agreement. For-profit activities require Corps of 
          Engineer leases or permits, obtained through the DEH Real 
          Estate Office.
Overnight camping outside of DPCA sites (camping on DPCA sites is open 
          to DoD members only, per above).
Consumption of alcoholic beverages.
    2. Yakima Training Center:

Civilian paramilitary activities and combat games.
Off-pavement motorcycle riding.
Off-road vehicle operation.
Hang gliding.
Ultralight aircraft flying.
Hot air ballooning.
Souvenir hunting and metal-detecting, including recovery of ammunition 
          residue or fragments, archaeological or cultural artifacts.
Vehicle speed contests.
Commercial activities conducted for profit, including dog training for 
          reimbursement, or fund-raising events for other than non-
          profit organizations working in the public good. Fund raisers 
          require DEH Real Estate Agreement. For-profit activities 
          require Corps of Engineer leases or permits, obtained through 
          the DEH Real Estate Office.
Overnight camping except where specifically permitted as part of the 
          activity by the Commander, Yakima Training Center.
Consumption of alcoholic beverages.
    3. Camp Bonneville:

Civilian paramilitary activities and combat games.
Off-pavement motorcycle riding.
Off-road vehicle operation.
Hang gliding.
Ultralight aircraft flying.
Hot air ballooning.
Souvenir hunting and metal-detecting, including recovery of ammunition 
          residue or fragments, archaeological or cultural artifacts, or 
          geological specimens.
Vehicle speed contests.
Wood cutting or brush picking, without DEH or Corps of Engineer permit.
Commercial activities conducted for profit, including horseback riding 
          rentals or guide service, dog training for reimbursement, or 
          fund-raising events for other than non-profit organizations 
          working in the public good. Fund raisers require DEH Real 
          Estate Agreement. For-profit activities require Corps of 
          Engineer leases or permits, obtained through the DEH Real 
          Estate Office.
Overnight camping.
Consumption of alcoholic beverages.
Model airplane and rocket flying.
Sport parachuting.



          Sec. Appendix E to Subpart M of Part 552--References

    Army Regulations referenced in this subpart may be obtained from 
National Technical Information Services, U.S. Department of Commerce, 
5285 Port Royal Road, Springfield, VA 22161.
    Fort Lewis Regulations and forms referenced in this subpart may be 
viewed at the Office of the Staff Judge Advocate General, Fort Lewis, 
Washington or at the Range Office, Headquarters, I Corps and Fort Lewis.

AR 210-1 (Private Organizations on Department of the Army 
          Installations), with Fort Lewis Supplement 1
AR 405-70 (Utilization of Real Estate)
AR 405-80 (Granting Use of Real Estate)
AR 420-74 (Natural Resources--Land, Forest, and Wildlife Management)
FL Reg 190-11 (Physical Security of Arms, Ammunition, and Explosives)
FL Reg 210-1 (Fort Lewis Post Regulations)
FL Reg 215-1 (Hunting, Fishing, and Trapping)
FL Reg 250-30 (I Corps and Fort Lewis Range Regulations)
FL Reg 350-31 (Yakima Training Center Range Regulations)
FL Reg 350-32 (Camp Bonneville Range Regulations)

[[Page 223]]

FL Policy Statement 350-2 (Training Resource Scheduling)
HFL Form 473 (Training Resource Request)
HFL Form 652 (Range Control Vehicle Permit)
HFL Form 653 (Range Control Area Access Card)



         Sec. Appendix F to Subpart M of Part 552--Abbreviations

AAO Area Access Officer
AR Army Regulation
CBRC Camp Bonneville Range Control
DEH Director of Engineering and Housing
DPCA Director of Personnel and Community Activities
DPTM Director of Plans, Training and Mobilization
FL Fort Lewis
ITAM Installation Training Area Management
LEC Law Enforcement Command
LOI Letter of Intent
MP Military Police
PAO Public Affairs Office
TA Training Area
SJA Staff Judge Advocate
UCMJ Uniform Code of Military Justice
YTC Yakima Training Center

Subparts N-O [Reserved]



 Subpart P_Protests, Picketing, and Other Similar Demonstrations on the 
            Installation of Aberdeen Proving Ground, Maryland

    Authority: 18 U.S.C. Sec. 1382.

    Source: 62 FR 33998, June 24, 1997, unless otherwise noted.



Sec.  552.211  Purpose.

    This subpart establishes policies, responsibilities, and procedures 
for protests, pickeing, and other similar demonstrations on the Aberdeen 
Proving Ground installation.



Sec.  552.212  Scope.

    (a) The provisions of this subpart apply to all elements of U.S. 
Army Garrison, Aberdeen Proving Ground (USAGAPG), and the supported 
organizations and activities on the Aberdeen and Edgewood Areas of 
Aberdeen Proving Ground.
    (b) The provisions of this subpart cover all public displays of 
opinions made by protesting, picketing, or any other similar 
demonstration.
    (c) The provisions of this subpart are applicable to all people, 
military and civilian employees, and all visitors, family members, or 
others, entering, upon or present at Aberdeen Proving Ground.



Sec.  552.213  Policy.

    (a) Aberdeen Proving Ground is a non-public forum and is open for 
expensive activity only under certain circumstances. Aberdeen Proving 
Ground is a military installation under the exclusive federal 
jurisdiction at which official business of the federal government is 
conducted, including military training, testing of weapon systems and 
other military equipment, and other official business.
    (b) On Aberdeen Proving Ground, except for activities authorized 
under 5 United States Code Chapter 71, Labor Management Relations, it is 
unlawful for any person to engage in any public displays of opinions 
made by protesting, picketing or any other similar demonstration without 
the approval of the Commander, U.S. Army Garrison, Aberdeen Proving 
Ground. Therefore, unless prior approval has been obtained as outlined 
below in 32 CFR 552.214, it will be unlawful for any person on Aberdeen 
Proving Ground to:
    (1) Engage in protests, public speeches, marches, sit-ins, or 
demonstrations promoting a point of view.
    (2) Interrupt or disturb the testing and evaluating of weapon 
systems, or any training, formation, ceremony, class, court-martial, 
hearing, or other military business.
    (3) Obstruct movement on any street, road, sidewalk, pathway, or 
other vehicle or pedestrian thoroughfare.
    (4) Utter to any person abusive, insulting, profane, indecent, or 
otherwise provocative language that by its very utterance tends to 
excite a breach of the peace.
    (5) Distribute or post publications, including pamphlets, 
newspapers, magazines, handbills, flyers, leaflets, and other printed 
materials, except through regularly established and approved 
distribution outlets and places.

[[Page 224]]

    (6) Circulate petitions or engage in picketing or similar 
demonstrations for any purpose.
    (7) Engage in partisan political campaigning or electioneering.
    (8) Disobey a request from Department of Defense police, other 
government law enforcement officials (e.g., Federal, State, or local law 
enforcement officials), military police, or other competent authority to 
disperse, move along or leave the installation.
    (c) In appropriate cases, the Commander, U.S. Army Garrison, 
Aberdeen Proving Ground may give express written permission for 
protests, picketing, or any other similar demonstrations on Aberdeen 
Proving Ground property outside the gates adjacent to the installation 
borders, only if the procedures outlined below in 32 CFR 552.214 are 
followed.



Sec.  552.214  Procedures.

    (a) Any person or persons desiring to protest, picket, or engage in 
any other similar demonstrations on Aberdeen Proving Ground must submit 
a written request to the Commander, U.S. Army Garrison, Aberdeen Proving 
Ground, ATTN: STEAP-CO, 2201 Aberdeen Boulevard, Aberdeen Proving 
Ground, Maryland 21005-5001. The request must be received at least 30 
calendar days prior to the demonstration, and it must include the 
following:
    (1) Name, address, and telephone number of the sponsoring person or 
organization. (If it is an organization, include the name of the point 
of contact.)
    (2) Purpose of the event.
    (3) Number of personnel expected to attend.
    (4) Proposed date, time, location and duration of the event.
    (5) Proposed means of transportation to and from APG.
    (6) Proposed means of providing security, sanitary services and 
related ancillary services to the participants.
    (b) Based on the Commander's concerns for discipline, mission 
accomplishment, protection of property, and the safeguarding of the 
health, morale, and welfare of the APG community, the Commander will 
determine whether to grant the request and, if granted, any limitations 
as to where and when it will take place.



Sec.  552.215  Responsibilities.

    (a) Director, Law Enforcement and Security, U.S. Army Garrison, 
Aberdeen Proving Ground, will furnish police support as needed.
    (b) Chief Counsel and Staff Judge Advocate, U.S. Army Test and 
Evaluation Command, will provide a legal review of the request.



Sec.  552.216  Violations.

    (a) A person is in violation of the terms of this subpart if:
    (1) That person enters or remains upon Aberdeen Proving Ground when 
that person is not licensed, invited, or otherwise authorized by the 
Commander, U.S. Army Garrison, Aberdeen Proving Ground pursuant to the 
terms of Sec.  552.214; or
    (2) That person enters upon or remains upon Aberdeen Proving Ground 
for the purpose of engaging in any activity prohibited or limited by 
this subpart.
    (b) All persons (military personnel, Department of the Army civilian 
employees, civilians, and others) may be prosecuted for violating the 
provisions of this subpart. Military personnel may be prosecuted under 
the Uniform Code of Military Justice. Department of the Army civilian 
employees may be prosecuted under 18 U.S.C. 1382, and/or disciplined 
under appropriate regulations. Civilians and others may be prosecuted 
under 18 U.S.C. 1382.
    (c) Administrative sanctions may include, but are not limited to, 
bar actions including suspension of access privileges, or permanent 
exclusion from Aberdeen Proving Ground.





 Sec. Appendix A to Part 552--DPCA Recreational Areas in Training Areas

    1. DOD use only, permit not required:

    Note. Use is authorized only to military, retired military, DOD 
civilian personnel, their family members and accompanied guests.

Boat launch adjacent to Officer's Club Beach on American Lake/Beachwood 
          area
Cat Lake Picnic and Fishing Area--Training Area 19
Chambers Lake Picnic and *Fishing Area--Training Area 12 (See para 2 
          below)

[[Page 225]]

Ecology Park Hiking Path--North Fort, CTA A West
Fiander Lake Picnic and Fishing Area--Training Area 20
Johnson Marsh--Training Area 10
Lewis Lake Picnic and Fishing Area--Training Area 16
Miller Hill Trail Bike Area (DOD only)--Main Post
No Name Lake--Training Area 22
Sequalitchew Lake Picnic Area--Training Area 2
Shannon Marsh--CTA D
Skeet Trap Range--2d Division Range Road, CTA E
Solo Point Boat Launch--North Fort, CTA A West
Sportman's Range--East Gate Road, Range 15
Wright Marsh/Lake--CTA C
Vietnam Village Marsh--Training Area 9 and 10
    2. Non-DOD use, permit required: Chambers Lake, fishing only.



          Sec. Appendix B to Part 552--Non-Permit Access Routes

    1. The following public easement routes may be used without permit 
or check-in:
I-5
Steilacoom-DuPont Road (EH 286156 to EH 302227).
Pacific Highway Southeast (EH 232119 to EH 250141).
Washington State Route 507 (EH 363061 to EH 429144).
Goodacre (unpaved) and Rice Kandle (paved) Roads (EH 386088 to EH 
          450074).
8th Avenue South (EH 424045 to EH 424126).
8th Avenue East (EH 440074 to EH 440126).
208th Avenue (EH 424126 to EH 432126).
Washington State Route 510 (EH 235063 to EH 247054 and EH 261046 to EH 
          273020).
Yelm Highway (EH 233056 to EH 239058).
Rainer Road Southeast (EG 167997 to EG 213941).
Military Road Southeast (EG 213941 to EG 215944).
Spurgeon Creek Road (EG 178986 to EG 179997).
Stedman Road (EG 153987 to EG 167995).
    2. The following military routes may be used without permit or 
check-in:
Huggins Meyer Road (North Fort Road, EH 305202-EH 328213)
East Gate Road (C-5 Mock-up to 8th Ave South--EH 328213)
260th (EH 440074 to EH 457074)
Roy cut-off (Chambers Lake) Road (East Gate Road to Roy City Limits)
Lincoln Avenue (Madigan to EH 391179)
    3. The Solo Point Road is open to Weyerhauser Corporation personnel 
for business and recreation.
    4. DOD personnel and Fort Lewis contractor personnel on official 
business may use all DEH-maintained paved roads and two lane gravel 
roads in the training areas. The use of one lane gravel lanes, or any 
established road not identified above, must be coordinated with the Area 
Access Office prior to use except as specified in Sec.  552.87(b)(2)
    5. All range roads closed because of training activities will not be 
used until opened by the Range Officer. Such road closures will normally 
involve barricades and road guards. Barricades and road guards placed by 
direction of Range Control may not be by-passed.



   Sec. Appendix C to Part 552--Authorized Activities for Fort Lewis 
                          Maneuver Area Access

Military Training (FL Reg 350-30)
DEH or Corps of Engineers Real Estate Agreement for commercial use (AR 
          405-80)
Installation service and maintenance (AR 420-74, FL Reg 350-30)
Non-DOD personnel in transit on public-access route only (appendix B)
Non-Commercial recreational use:
    Hunting, fishing and trapping (FL Reg 215-1)
    Dog training (not allowed 1 April through 31 July in selected areas)
    Horseback riding on roads and vehicle tracks
    Walking, distance running
    Model airplane and rocket flying
    Model boating
    Orienteering
    Sport parachuting
    Organized rifle and pistol competition
    Service group camping and activities (Boy Scouts, etc.)
    Observation of wildlife and vegetation
    Non-Commercial picking of ferns, mushrooms, blackberries, apples and 
other miscellaneous vegetation
    Photography
    Hiking
    Historical Trails



   Sec. Appendix D to Part 552--Unauthorized Activities in Fort Lewis 
                             Maneuver Areas

Civilian paramilitary activities and combat games.
Off-pavement motorcycle riding, except as noted in appendix A Off-road 
          vehicle operation.
Hang gliding.
Ultralight aircraft flying.
Hot air ballooning.
Souvenir hunting and metal-detecting, including recovery of ammunition 
          residue of fragments, archaeological or cultural artifacts, or 
          geological specimens.
Vehicle speed contests.
Wood cutting or brush picking, without DEH or Crops of Engineer permit.

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Commercial activities conducted for profit that require a Real Estate 
          Agreement or commercial permit per AR 405-80, including 
          horseback riding rentals or guide service, and dog training 
          for reimbursement.



PART 553_ARMY CEMETERIES--Table of Contents



Sec.

               Subpart A	Army National Military Cemeteries

553.1 Definitions.
553.2 Purpose.
553.3 Statutory authorities.
553.4 Scope and applicability.
553.5 Maintaining order.
553.6 Standards for managing Army National Military Cemeteries.
553.7 Arlington Memorial Amphitheater.
553.8 Permission to install utilities.
553.9 Assignment of gravesites or niches.
553.10 Proof of eligibility.
553.11 General rules governing eligibility for interment, inurnment, and 
          memorialization at Arlington National Cemetery.
553.12 Eligibility for interment in Arlington National Cemetery.
553.13 Eligibility for inurnment in Arlington National Cemetery 
          Columbarium.
553.14 Eligibility for interment of cremated remains in the Arlington 
          National Cemetery Unmarked Area.
553.15 Eligibility for group burial in Arlington National Cemetery.
553.16 Eligibility for memorialization in an Arlington National Cemetery 
          memorial area.
553.17 Arlington National Cemetery interment/inurnment agreement.
553.18 Eligibility for burial in U.S. Soldiers' and Airmen's Home 
          National Cemetery.
553.19 Ineligibility for interment, inurnment, or memorialization in an 
          Army National Military Cemetery.
553.20 Prohibition of interment, inurnment, or memorialization in an 
          Army National Military Cemetery of persons who have committed 
          certain crimes.
553.21 Findings concerning the commission of certain crimes where a 
          person has not been convicted due to death or flight to avoid 
          prosecution.
553.22 Exceptions to policies for interment, inurnment, or 
          memorialization at Arlington National Cemetery.
553.23 Placement of cremated remains at Army National Military 
          Cemeteries.
553.24 Subsequently recovered remains.
553.25 Disinterments and disinurnments of remains.
553.26 Design of Government-furnished headstones, niche covers, and 
          memorial markers.
553.27 Inscriptions on Government-furnished headstones, niche covers, 
          and memorial markers.
553.28 Private headstones and markers.
553.29 Permission to construct private headstones and markers.
553.30 Inscriptions on private headstones and markers.
553.31 Memorial and commemorative monuments (other than private 
          headstones or markers).
553.32 Conduct of memorial services and ceremonies.
553.33 Visitors rules for Army National Military Cemeteries.
553.34 Soliciting and vending.
553.35 Media.

                     Subpart B_Army Post Cemeteries

553.36 Definitions.
553.37 Purpose.
553.38 Statutory authorities.
553.39 Scope and applicability.
553.40 Assignment of gravesites or niches.
553.41 Proof of eligibility.
553.42 General rules governing eligibility for interment or inurnment in 
          Army Post Cemeteries.
553.43 Eligibility for interment and inurnment in Army Post Cemeteries.
553.44 Eligibility for interment and inurnment in the West Point Post 
          Cemetery.
553.45 Eligibility for interment in U.S. Disciplinary Barracks Cemetery 
          at Fort Leavenworth.
553.46 Ineligibility for interment, inurnment or memorialization in an 
          Army Post Cemetery.
553.47 Prohibition of interment, inurnment or memorialization in an Army 
          Cemetery of persons who have committed certain crimes.
553.48 Findings concerning the commission of certain crimes where a 
          person has not been convicted due to death or flight to avoid 
          prosecution.
553.49 Exceptions to policies for interment or inurnment at Army Post 
          Cemeteries.

    Authority: 10 U.S.C. 985, 1128, 1481, 1482, 3013, 4721-4726; 24 
U.S.C. 295a, 412; 38 U.S.C. 2402 note, 2409-2411, 2413; 40 U.S.C. 9102; 
and Pub. L. 93-43, 87 Stat. 75.

    Source: 81 FR 65877, Sept. 26, 2016, unless otherwise noted.



               Subpart A	Army National Military Cemeteries



Sec.  553.1  Definitions.

    As used in this part, the following terms have these meanings:

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    Active duty. Full-time duty in the active military service of the 
United States.
    (1) This includes:
    (i) Active Reserve component duty performed pursuant to title 10, 
United States Code.
    (ii) Service as a cadet or midshipman currently on the rolls at the 
U.S. Military, U.S. Naval, U.S. Air Force, or U.S. Coast Guard 
Academies.
    (iii) Active duty for operational support.
    (iv) Persons whose service has been determined to be active duty 
service pursuant to section 401 of the GI Bill Improvement Act of 1977 
(Pub. L. 95-202; 38 U.S.C. 106 note) as of 20 May 2016 and the remains 
of that person were not already formally interred or inurned as of 20 
May 2016 or that person died on or after 20 May 2016.
    (2) This does not include:
    (i) Full-time duty performed under title 32, United States Code.
    (ii) Active duty for training, initial entry training, annual 
training duty, or inactive-duty training for members of the Reserve 
components.
    Active duty for operational support (formerly active duty for 
special work).
    A tour of active duty for Reserve personnel authorized from military 
or Reserve personnel appropriations for work on Active component or 
Reserve component programs. The purpose of active duty for operational 
support is to provide the necessary skilled manpower assets to support 
existing or emerging requirements and may include training.
    Active duty for training. A category of active duty used to provide 
structured individual and/or unit training, including on-the-job 
training, or educational courses to Reserve component members. Included 
in the active duty for training category are annual training, initial 
active duty for training, or any other training duty.
    Annual training. The minimum period of active duty for training that 
Reserve members must perform each year to satisfy the training 
requirements associated with their Reserve component assignment.
    Armed Forces. The U.S. Army, Navy, Marine Corps, Coast Guard, Air 
Force and their Reserve components.
    Army National Military Cemeteries. Arlington National Cemetery and 
the U.S. Soldiers' and Airmen's Home National Cemetery.
    Category 4, 5, or 5+ Posts. Category 4, 5, or 5+ posts, including 
the equivalent classifications as determined by the Department of State 
that were used prior to 2004 or may be used subsequently.
    Child, minor child, permanently dependent child, unmarried adult 
child.
    (1) Child.
    (i) Natural child of a primarily eligible person, born in wedlock;
    (ii) Natural child of a female primarily eligible person, born out 
of wedlock;
    (iii) Natural child of a male primarily eligible person, who was 
born out of wedlock and:
    (A) Has been acknowledged in a writing signed by the male primarily 
eligible person;
    (B) Has been judicially determined to be the male primarily eligible 
person's child;
    (C) Whom the male primarily eligible person has been judicially 
ordered to support; or
    (D) Has been otherwise proved, by evidence satisfactory to the 
Executive Director, to be the child of the male primarily eligible 
person
    (iv) Adopted child of a primarily eligible person; or
    (v) Stepchild who was part of the primarily eligible person's 
household at the time of death of the individual who is to be interred 
or inurned.
    (2) Minor child. A child of the primarily eligible person who
    (i) Is unmarried;
    (ii) Has no dependents; and
    (iii) Is under the age of twenty-one years, or is under the age of 
twenty-three years and is taking a full-time course of instruction at an 
educational institution which the U.S. Department of Education 
acknowledges as an accredited educational institution.
    (3) Permanently dependent child. A child of the primarily eligible 
person who
    (i) Is unmarried;
    (ii) Has no dependents; and
    (iii) Is permanently and fully dependent on one or both of the 
child's parents because of a physical or mental

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disability incurred before attaining the age of twenty-one years or 
before the age of twenty-three years while taking a full-time course of 
instruction at an educational institution which the U.S. Department of 
Education acknowledges as an accredited educational institution.
    (4) Unmarried adult child. A child of the primarily eligible person 
who
    (i) Is unmarried;
    (ii) Has no dependents; and
    (iii) Has attained the age of twenty-one years.
    Close relative. The spouse, parents, adult brothers and sisters, 
adult natural children, adult stepchildren, and adult adopted children 
of a decedent.
    Commemorative monuments. Monuments or other structures or landscape 
features that serve to honor events in history, units of the Armed 
Forces, individuals, or groups of individuals that served in the Armed 
Forces, and that do not contain human remains or mark the location of 
remains in close proximity. The term does not include memorial markers 
erected pursuant to Sec.  553.16.
    Derivatively eligible person. Any person who is entitled to 
interment or inurnment solely based on his or her relationship to a 
primarily eligible person, as set forth in Sec. Sec.  553.12(b) and 
Sec.  553.13(b) respectively.
    Disinterment. The permanent removal of interred human remains from a 
particular gravesite.
    Disinurnment. The permanent removal of remains from a particular 
niche.
    Executive Director. The person statutorily charged with exercising 
authority, direction, and control over all aspects of Army National 
Military Cemeteries.
    Federal capital crime. An offense under Federal law for which a 
sentence of imprisonment for life or the death penalty may be imposed.
    Former prisoner of war. A person who is eligible for or has been 
awarded the Prisoner of War Medal.
    Former spouse. See spouse.
    Government. The U.S. government and its agencies and 
instrumentalities.
    Group burial. Interment in one gravesite of one or more service 
members on active duty killed in the same incident or location where:
    (1) The remains cannot be individually identified; or
    (2) The person authorized to direct disposition of subsequently 
identified remains has authorized their interment with the other service 
members.
    Group remains may contain incidental remains of civilians and 
foreign nationals.
    Inactive-duty training.
    (1) Duty prescribed for members of the Reserve components by the 
Secretary concerned under 37 U.S.C. 206 or any other provision of law.
    (2) Special additional duties authorized for members of the Reserve 
components by an authority designated by the Secretary concerned and 
performed by them on a voluntary basis in connection with the prescribed 
training or maintenance activities of the units to which they are 
assigned.
    (3) In the case of a member of the Army National Guard or Air 
National Guard of any State, duty (other than full-time duty) under 32 
U.S.C. 316, 502, 503, 504 or 505 or the prior corresponding provisions 
of law.
    (4) This term does not include:
    (i) Work or study performed in connection with correspondence 
courses,
    (ii) Attendance at an educational institution in an inactive status, 
or
    (iii) Duty performed as a temporary member of the Coast Guard 
Reserve.
    Interment. The ground burial of casketed or cremated human remains.
    Inurnment. The placement of cremated human remains in a niche.
    Media. Individuals and agencies that print, broadcast, or gather and 
transmit news, and their reporters, photographers, and employees.
    Memorial marker. A headstone used to memorialize a service member or 
veteran whose remains are unavailable for reasons listed in Sec.  
553.16.
    Memorial service or ceremony. Any activity intended to honor the 
memory of a person or persons interred, inurned, or memorialized in the 
Army National Military Cemeteries. This term includes private memorial 
services, public memorial services, public wreath laying ceremonies, and 
official ceremonies.
    Minor child. See child.

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    Niche. An aboveground space constructed specifically for the 
placement of cremated human remains.
    Official ceremony. A memorial service or ceremony approved by the 
Executive Director in which the primary participants are representatives 
of the Government, a State government, a foreign government, or an 
international organization authorized by the U.S. Department of State to 
participate in an official capacity.
    Parent. A natural parent, a stepparent, a parent by adoption, or a 
person who for a period of not less than one year stood in loco 
parentis, or was granted legal custody by a court decree or statutory 
provision.
    Permanently dependent child. See child.
    Person authorized to direct disposition. The person primarily 
entitled to direct disposition of human remains and who elects to 
exercise that entitlement. Determination of such entitlement shall be 
made in accordance with applicable law and regulations.
    Personal representative. A person who has legal authority to act on 
behalf of another through applicable law, order, and regulation.
    Primarily eligible person. Any person who is entitled to interment 
or inurnment based on his or her service as specified in Sec.  553.12(a) 
and Sec.  553.13(a) respectively.
    Primary next of kin. (1) In the absence of a valid written document 
from the decedent identifying the primary next of kin, the order of 
precedence for designating a decedent's primary next of kin is as 
follows:
    (i) Spouse, even if a minor;
    (ii) Children;
    (iii) Parents;
    (iv) Siblings, to include half-blood and those acquired through 
adoption;
    (v) Grandparents;
    (vi) Other next of kin, in order of relationship to the decedent as 
determined by the laws of the decedent's state of domicile.
    (2) Absent a court order or written document from the deceased, the 
precedence of next of kin with equal relationships to the decedent is 
governed by seniority (age), older having higher priority than younger. 
Equal relationship situations include those involving divorced parents 
of the decedent, children of the decedent, and siblings of the decedent.
    Private headstones or markers. A headstone or individual memorial 
marker provided at private expense, in lieu of a headstone or individual 
memorial marker furnished by the Government.
    Private memorial service. A memorial service or ceremony conducted 
at the decedent's gravesite, memorial headstone, or niche.
    Public memorial service. A ceremony conducted by members of the 
public at a historic site in an Army National Military Cemetery.
    Public wreath-laying ceremony. A ceremony in which members of the 
public, assisted by the Tomb Guards, present a wreath or similar memento 
at the Tomb of the Unknown Soldier.
    Reserve component. The Army Reserve, the Navy Reserve, the Marine 
Corps Reserve, the Air Force Reserve, the Coast Guard Reserve, the Army 
National Guard of the United States, and the Air National Guard of the 
United States.
    Spouse, former spouse, subsequently remarried spouse.
    (1) Spouse. A person who is legally married to another person.
    (2) Former spouse. A person who was legally married to another 
person at one time but was not legally married to that person at the 
time of one of their deaths.
    (3) Subsequently remarried spouse. A derivatively eligible spouse 
who was married to the primarily eligible person at the time of the 
primarily eligible person's death and who subsequently remarried another 
person.
    State capital crime. Under State law, the willful, deliberate, or 
premeditated unlawful killing of another human being for which a 
sentence of imprisonment for life or the death penalty may be imposed.
    Subsequently recovered remains. Additional remains belonging to the 
decedent that are recovered or identified after the decedent's interment 
or inurnment.
    Subsequently remarried spouse. See spouse.
    Unmarried adult child. See child.

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    Veteran. A person who served in the U.S. Armed Forces and who was 
discharged or released under honorable conditions.



Sec.  553.2  Purpose.

    This part specifies the authorities and assigns the responsibilities 
for the development, operation, maintenance, and administration of the 
Army National Military Cemeteries.



Sec.  553.3  Statutory authorities.

    (a) Historical. Act of July 17, 1862, Sec. 18, 12 Stat. 594, 596; 
Act of February 22, 1867, Ch. 61, 14 Stat. 399; and the National 
Cemeteries Act of 1973, Public Law 93-43, 87 Stat. 75 (1973). The 
National Cemeteries Act established the National Cemetery System, which 
primarily consists of national cemeteries transferred from the 
management authority of the Department of the Army to the (now) 
Department of Veterans Affairs. Section 6(a) of the Act exempted 
Arlington National Cemetery and the Soldiers' and Airmen's Home National 
Cemetery from transfer to the National Cemetery System, leaving them 
under the management authority of the Secretary of the Army.
    (b) Current. Pursuant to 10 U.S.C. 4721(a), the Secretary of the 
Army shall develop, operate, manage, oversee, and fund the Army National 
Military Cemeteries. Section 4721(c) provides that the Army National 
Military Cemeteries are under the jurisdiction of Headquarters, 
Department of the Army, and 10 U.S.C. 4721(d) provides that the 
Secretary of the Army shall prescribe such regulations and policies as 
may be necessary to administer the Army National Military Cemeteries. 
The responsibilities of Headquarters, Department of the Army with regard 
to the Army National Military Cemeteries are enumerated in 10 U.S.C. 
4721-4726 and Army General Orders 2014-74 and 2014-75.



Sec.  553.4  Scope and applicability.

    (a) Scope. The development, maintenance, administration, and 
operation of the Army National Military Cemeteries are governed by this 
part, Army Regulation 290-5, and Department of the Army Pamphlet 290-5. 
The development, maintenance, administration, and operation of Army post 
cemeteries are not covered by this part.
    (b) Applicability. This part is applicable to all persons on, 
engaging in business with, or seeking access to or benefits from the 
Army National Military Cemeteries, unless otherwise specified.



Sec.  553.5  Maintaining order.

    The Executive Director may order the removal from, and bar the re-
entry onto, Army National Military Cemeteries of any person who acts in 
violation of any law or regulation, including but not limited to 
demonstrations and disturbances as outlined in 38 U.S.C. 2413, and in 
this part. This authority may not be re-delegated.



Sec.  553.6  Standards for managing Army National Military Cemeteries.

    (a) The Executive Director is responsible for establishing and 
maintaining cemetery layout plans, including plans setting forth 
sections with gravesites, memorial areas with markers, and columbaria 
with niches, and landscape planting plans.
    (b) New sections or areas may be opened and prepared for interments 
or for installing memorial markers only with the approval of the 
Executive Director.



Sec.  553.7  Arlington Memorial Amphitheater.

    (a) In accordance with 24 U.S.C. 295a:
    (1) No memorial may be erected and no remains may be entombed in the 
Arlington Memorial Amphitheater unless specifically authorized by 
Congress; and
    (2) The character, design, or location of any memorial authorized by 
Congress for placement in the Amphitheater is subject to the approval of 
the Secretary of Defense or his or her designee.
    (b) The Secretary of Defense or his or her designee will seek the 
advice of the Commission of Fine Arts in such matters, in accordance 
with 40 U.S.C. 9102.
    (c) Tributes offered for those interred in the Tomb of the Unknown 
Soldier for placement in the Arlington Memorial Amphitheater display 
room are not memorials for purposes of this section.

[[Page 231]]



Sec.  553.8  Permission to install utilities.

    (a) The installation of utilities in Army National Military 
Cemeteries, including but not limited to, telephone and fiber optic 
lines, electric lines, natural gas lines, water pipes, storm drains, and 
sanitary sewers, must be authorized by the Executive Director.
    (b) Requests for licenses, permits, or easements to install water, 
gas, or sewer lines, or other utilities or equipment on or across an 
Army National Military Cemetery or an approach road in which the 
Government has a right-of-way, fee simple title, or other interest, must 
be sent to the Executive Director, who will process the request in 
accordance with Army policy. Requests must include a complete 
description of the type of license, permit, or easement desired and a 
map showing the location of the project.



Sec.  553.9  Assignment of gravesites or niches.

    (a) All eligible persons will be assigned gravesites or niches 
without discrimination as to race, color, sex, religion, age, or 
national origin and without preference to military grade or rank.
    (b) The Army National Military Cemeteries will enforce a one-
gravesite-per-family policy. Once the initial interment or inurnment is 
made in a gravesite or niche, each additional interment or inurnment of 
eligible persons must be made in the same gravesite or niche, except as 
noted in paragraph (f) of this section. This includes multiple primarily 
eligible persons if they are married to each other.
    (c) In accordance with 38 U.S.C. 2410A(a)(2) the Secretary of the 
Army may waive the prohibition in paragraph (b) of this section as the 
Secretary of the Army deems appropriate.
    (d) A gravesite reservation will be honored if it meets the 
following requirements, unless it is cancelled by the Executive 
Director:
    (1) The gravesite was properly reserved by law before January 1, 
1962, and
    (2) An eligible person was interred in the reserved gravesite prior 
to January 1, 2017.
    (e) The Executive Director may cancel a gravesite reservation:
    (1) Upon determination that a derivatively eligible spouse has 
remarried;
    (2) Upon determination that the reservee's remains have been buried 
elsewhere or otherwise disposed of;
    (3) Upon determination that the reservee desires to or will be 
interred in the same gravesite with the predeceased, and doing so is 
feasible; or
    (4) Upon determination that the reservee would be 120 years of age 
and there is no record of correspondence with the reservee within the 
last two decades.
    (f) In cases of reservations meeting the requirements of 38 U.S.C. 
2410A note, where more than one gravesite was reserved (on the basis of 
the veteran's eligibility at the time the reservation was made) and no 
interment has yet been made in any of the sites, the one-gravesite-per-
family policy will be enforced, unless waived by the Executive Director. 
Gravesite reservations will be honored only if the decedents meet the 
eligibility criteria for interment in Arlington National Cemetery that 
is in effect at the time of need, and the reserved gravesite is 
available.
    (g) Where a primarily eligible person has been or will be interred 
as part of a group burial or has been or will be memorialized in a 
memorial area at Arlington National Cemetery, the Executive Director 
will assign a gravesite or niche for interment or inurnment of a 
derivatively eligible person.
    (h) Gravesites or niches shall not be reserved or assigned prior to 
the time of need.
    (i) The selection of gravesites and niches is the responsibility of 
the Executive Director. The selection of specific gravesites or niches 
by the family or other representatives of the deceased at any time is 
prohibited.



Sec.  553.10  Proof of eligibility.

    (a) The personal representative or primary next of kin is 
responsible for providing appropriate documentation to verify the 
decedent's eligibility for interment or inurnment.
    (b) The personal representative or primary next of kin must certify 
in writing that the decedent is not prohibited from interment, 
inurnment, or memorialization under Sec.  553.20 because

[[Page 232]]

he or she has committed or been convicted of a Federal or State capital 
crime or is a convicted Tier III sex offender as defined in 38 U.S.C. 
2411.
    (c) For service members who die on active duty, a statement of 
honorable service from a general court martial convening authority is 
required. If the certificate of honorable service cannot be granted, the 
service member is ineligible for interment, inurnment, and 
memorialization pursuant to Sec.  553.19(h).
    (d) When applicable, the following documents are required:
    (1) Death certificate;
    (2) Proof of eligibility as required by paragraphs (e) through (g) 
of this section;
    (3) Any additional documentation to establish the decedent's 
eligibility (e.g., marriage certificate, birth certificate, waivers, 
statements that the decedent had no children);
    (4) Burial agreement;
    (5) Notarized statement that the remains are unavailable for the 
reasons set forth in Sec.  553.16; and
    (6) A certificate of cremation or notarized statement attesting to 
the authenticity of the cremated human remains and that 100% of the 
cremated remains received from the crematorium are present. The 
Executive Director may, however, allow a portion of the cremated remains 
to be removed by the crematorium for the sole purpose of producing 
commemorative items.
    (7) Any other document as required by the Executive Director.
    (e) The following documents may be used to establish the eligibility 
of a primarily eligible person:
    (1) DD Form 214, Certificate of Release or Discharge from Active 
Duty;
    (2) WD AGO 53 or 53-55, Enlisted Record and Report of Separation 
Honorable Discharge;
    (3) WD AGO 53-98, Military Record and Report of Separation 
Certificate of Service;
    (4) NAVPERS-553, Notice of Separation from U.S. Naval Service;
    (5) NAVMC 70-PD, Honorable Discharge, U.S. Marine Corps; or;
    (6) DD Form 1300, Report of Casualty (required in the case of death 
of an active duty service member).
    (f) In addition to the documents otherwise required by this section, 
a request for interment or inurnment of a subsequently remarried spouse 
must be accompanied by:
    (1) A notarized statement from the new spouse of the subsequently 
remarried spouse agreeing to the interment or inurnment and 
relinquishing any claim for interment or inurnment in the same gravesite 
or niche.
    (2) Notarized statement(s) from all of the children from the prior 
marriage agreeing to the interment or inurnment of their parents in the 
same gravesite or niche.
    (g) In addition to the documents otherwise required by this section, 
a request for interment or inurnment of a permanently dependent child 
must be accompanied by:
    (1) A notarized statement as to the marital status and degree of 
dependency of the decedent from an individual with direct knowledge; and
    (2) A physician's statement regarding the nature and duration of the 
physical or mental disability; and
    (3) A statement from someone with direct knowledge demonstrating the 
following factors:
    (i) The deceased lived most of his or her adult life with one or 
both parents, one or both of whom are otherwise eligible for interment;
    (ii) The decedent's children, siblings, or other family members, 
other than the eligible parent, waive any derivative claim to be 
interred at Arlington National Cemetery, in accordance with the 
Arlington National Cemetery Burial Agreement.
    (h) Veterans or primary next of kin of deceased veterans may obtain 
copies of their military records by writing to the National Personnel 
Records Center, Attention: Military Personnel Records, 9700 Page Avenue 
St. Louis, Missouri 63132 or using their Web site. All others may 
request a record by completing and submitting Standard Form 180.
    (i) The burden of proving eligibility lies with the party who 
requests the burial. The Executive Director will determine whether the 
submitted evidence is sufficient to support a finding of eligibility.

[81 FR 65877, Sept. 26, 2016, as amended at 84 FR 45408, Aug. 29, 2019]

[[Page 233]]



Sec.  553.11  General rules governing eligibility for interment,
inurnment, and memorialization at Arlington National Cemetery.

    (a) Only those persons who meet the criteria of Sec.  553.12 or are 
granted an exception to policy pursuant to Sec.  553.22 may be interred 
in Arlington National Cemetery. Only those persons who meet the criteria 
of Sec.  553.13 or are granted an exception to policy pursuant to Sec.  
553.22 may be inurned in Arlington National Cemetery. Only those persons 
who meet the criteria of Sec.  553.14 may be interred in the Arlington 
National Cemetery Unmarked Area. Only those persons who meet the 
criteria of Sec.  553.15 may be interred in an Arlington National 
Cemetery group burial. Only those persons who meet the criteria of Sec.  
553.16 may be memorialized in Arlington National Cemetery.
    (b) Derivative eligibility for interment or inurnment may be 
established only through a decedent's connection to a primarily eligible 
person and not to another derivatively eligible person.
    (c) No veteran is eligible for interment, inurnment, or 
memorialization in Arlington National Cemetery unless the veteran's last 
period of active duty ended with an honorable discharge. A general 
discharge under honorable conditions is not sufficient for interment, 
inurnment or memorialization in Arlington National Cemetery.
    (d) For purposes of determining whether a service member has 
received an honorable discharge, final determinations regarding 
discharges made in accordance with procedures established by chapter 79 
of title 10, United States Code, will be considered authoritative.
    (e) The Secretary of the Army has the authority to act on requests 
for exceptions to the provisions of the interment, inurnment, and 
memorialization eligibility policies contained in this part. The 
Secretary of the Army may delegate this authority to the Executive 
Director on such terms deemed appropriate.
    (f) Individuals who do not qualify as a primarily eligible person or 
a derivatively eligible person, but who are granted an exception to 
policy to be interred or inurned pursuant to Sec.  553.22 in a new 
gravesite or niche, will be treated as a primarily eligible person for 
purposes of this part.
    (g) Notwithstanding any other section in this part, memorialization 
with an individual memorial marker, interment, or inurnment in the Army 
National Military Cemeteries is prohibited if there is a gravesite, 
niche, or individual memorial marker for the decedent in any other 
Government-operated cemetery or the Government has provided an 
individual grave marker, individual memorial marker or niche cover for 
placement in a private cemetery.



Sec.  553.12  Eligibility for interment in Arlington National Cemetery.

    Only those who qualify as a primarily eligible person or a 
derivatively eligible person are eligible for interment in Arlington 
National Cemetery, unless otherwise prohibited as provided for in 
Sec. Sec.  553.19-553.20, provided that the last period of active duty 
of the service member or veteran ended with an honorable discharge.
    (a) Primarily eligible persons. The following are primarily eligible 
persons for purposes of interment:
    (1) Any service member who dies on active duty in the U.S. Armed 
Forces (except those service members serving on active duty for training 
only), if the General Courts Martial Convening Authority grants a 
certificate of honorable service.
    (2) Any veteran retired from a Reserve component who served a period 
of active duty (other than for training), is carried on the official 
retired list, and is entitled to receive military retired pay.
    (3) Any veteran retired from active military service and entitled to 
receive military retired pay.
    (4) Any veteran who received an honorable discharge from the Armed 
Forces prior to October 1, 1949, who was discharged for a permanent 
physical disability, who served on active duty (other than for 
training), and who would have been eligible for retirement under the 
provisions of 10 U.S.C. 1201 had the statute been in effect on the date 
of separation.
    (5) Any veteran awarded one of the following decorations:
    (i) Medal of Honor;

[[Page 234]]

    (ii) Distinguished Service Cross, Air Force Cross, or Navy Cross;
    (iii) Distinguished Service Medal;
    (iv) Silver Star; or
    (v) Purple Heart.
    (6) Any veteran who served on active duty (other than active duty 
for training) and who held any of the following positions:
    (i) President or Vice President of the United States;
    (ii) Elected member of the U.S. Congress;
    (iii) Chief Justice of the Supreme Court of the United States or 
Associate Justice of the Supreme Court of the United States;
    (iv) A position listed, at the time the person held the position, in 
5 U.S.C. 5312 or 5313 (Levels I and II of the Executive Schedule); or
    (v) Chief of Mission of a Category 4, 5, or 5+ post if the 
Department of State classified that post as a Category 4, 5, or 5+ post 
during the person's tenure as Chief of Mission.
    (7) Any former prisoner of war who, while a prisoner of war, served 
honorably in the active military service, and who died on or after 
November 30, 1993.
    (b) Derivatively eligible persons. The following individuals are 
derivatively eligible persons for purposes of interment who may be 
interred if space is available in the gravesite of the primarily 
eligible person:
    (1) The spouse of a primarily eligible person who is or will be 
interred in Arlington National Cemetery. A former spouse of a primarily 
eligible person is not eligible for interment in Arlington National 
Cemetery under this paragraph.
    (2) The spouse of an active duty service member or an eligible 
veteran, who was:
    (i) Lost or buried at sea, temporarily interred overseas due to 
action by the Government, or officially determined to be missing in 
action;
    (ii) Buried in a U.S. military cemetery maintained by the American 
Battle Monuments Commission; or
    (iii) Interred in Arlington National Cemetery as part of a group 
burial (the derivatively eligible spouse may not be buried in the group 
burial gravesite).
    (3) The parents of a minor child or a permanently dependent adult 
child, whose remains were interred in Arlington National Cemetery based 
on the eligibility of a parent at the time of the child's death, unless 
eligibility of the non-service connected parent is lost through divorce 
from the primarily eligible parent.
    (4) An honorably discharged veteran who does not qualify as a 
primarily eligible person, if the veteran will be buried in the same 
gravesite as an already interred primarily eligible person who is a 
close relative, where the interment meets the following conditions:
    (i) The veteran is without minor or unmarried adult dependent 
children;
    (ii) The veteran will not occupy space reserved for the spouse, a 
minor child, or a permanently dependent adult child;
    (iii) All other close relatives of the primarily eligible person 
concur with the interment of the veteran with the primarily eligible 
person by signing a notarized statement;
    (iv) The veteran's spouse waives any entitlement to interment in 
Arlington National Cemetery, where such entitlement might be based on 
the veteran's interment in Arlington National Cemetery. The Executive 
Director may set aside the spouse's waiver, provided space is available 
in the same gravesite, and all close relatives of the primarily eligible 
person concur; and
    (v) Any cost of moving, recasketing, or revaulting the remains will 
be paid from private funds.
    (5) A minor child or permanently dependent child of a primary 
eligible person who is or will be interred in Arlington National 
Cemetery.

[81 FR 65877, Sept. 26, 2016, as amended at 84 FR 45408, Aug. 29, 2019]



Sec.  553.13  Eligibility for inurnment in Arlington National Cemetery
Columbarium.

    The following persons are eligible for inurnment in the Arlington 
National Cemetery Columbarium, unless otherwise prohibited as provided 
for in Sec. Sec.  553.19-553.20, provided that the last period of active 
duty of the service member or veteran ended with an honorable discharge.
    (a) Primarily eligible persons. The following are primarily eligible 
persons for purposes of inurnment:

[[Page 235]]

    (1) Any person eligible for interment in Arlington National 
Cemetery, as provided for in Sec.  553.12(a).
    (2) Any veteran who served on active duty other than active duty for 
training.
    (3) Any member of a Reserve component of the Armed Forces who dies 
while:
    (i) On active duty for training or performing full-time duty under 
title 32, United States Code;
    (ii) Performing authorized travel to or from such active duty for 
training or full-time duty;
    (iii) On authorized inactive-duty training, including training 
performed as a member of the Army National Guard of the United States or 
the Air National Guard of the United States; or
    (iv) Hospitalized or receiving treatment at the expense of the 
Government for an injury or disease incurred or contracted while on such 
active duty for training or full-time duty, traveling to or from such 
active duty for training or full-time duty, or on inactive-duty 
training.
    (4) Any member of the Reserve Officers' Training Corps of the United 
States, Army, Navy, or Air Force, whose death occurs while:
    (i) Attending an authorized training camp or cruise;
    (ii) Performing authorized travel to or from that camp or cruise; or
    (iii) Hospitalized or receiving treatment at the expense of the 
Government for injury or disease incurred or contracted while attending 
such camp or cruise or while traveling to or from such camp or cruise.
    (5) Any citizen of the United States who, during any war in which 
the United States has been or may hereafter be engaged, served in the 
armed forces of any government allied with the United States during that 
war, whose last service ended honorably by death or otherwise, and who 
was a citizen of the United States at the time of entry into that 
service and at the time of death.
    (6) Commissioned officers, United States Coast and Geodetic Survey 
(now National Oceanic and Atmospheric Administration) who die during or 
subsequent to the service specified in the following categories and 
whose last service terminated honorably:
    (i) Assignment to areas of immediate military hazard.
    (ii) Served in the Philippine Islands on December 7, 1941.
    (iii) Transferred to the Department of the Army or the Department of 
the Navy under certain statutes.
    (7) Any commissioned officer of the United States Public Health 
Service who served on full-time duty on or after July 29, 1945, if the 
service falls within the meaning of active duty for training as defined 
in 38 U.S.C. 101(22) or inactive duty training as defined in 38 U.S.C. 
101(23) and whose death resulted from a disease or injury incurred or 
aggravated in line of duty. Also, any commissioned officer of the 
Regular or Reserve Corps of the Public Health Service who performed 
active service prior to July 29, 1945 in time of war; on detail for duty 
with the Armed Forces; or while the service was part of the military 
forces of the United States pursuant to Executive order of the 
President.
    (8) Any Active Duty Designee as defined in this part.
    (b) Derivatively eligible persons. Those connected to an individual 
described in paragraph (a) of this section through a relationship 
described in Sec.  553.12(b). Such individuals may be inurned if space 
is available in the primarily eligible person's niche.



Sec.  553.14  Eligibility for interment of cremated remains in the
Arlington National Cemetery Unmarked Area.

    (a) The cremated remains of any person eligible for interment in 
Arlington National Cemetery as described in Sec.  553.12 may be interred 
in the designated Arlington National Cemetery Unmarked Area.
    (b) Cremated remains must be interred in a biodegradable container 
or placed directly into the ground without a container. Cremated remains 
are not authorized to be scattered at this site or at any location 
within Arlington National Cemetery.
    (c) There will be no headstone or marker for any person choosing 
this method of interment. A permanent register will be maintained by the 
Executive Director.

[[Page 236]]

    (d) Consistent with the one-gravesite-per-family policy, once a 
person is interred in the Unmarked Area, any derivatively eligible 
persons and spouses must be interred in this manner. This includes 
spouses who are also primarily eligible persons. No additional 
gravesite, niche, or memorial marker in a memorial area will be 
authorized.



Sec.  553.15  Eligibility for group burial in Arlington National Cemetery.

    (a) The Executive Director may authorize a group burial in Arlington 
National Cemetery whenever several people, at least one of whom is an 
active duty service member, die during a military-related activity and 
not all remains can be individually identified.
    (b) Before authorizing a group burial that includes both United 
States and foreign decedents, the Executive Director will notify the 
Department of State and request that the Department of State notify the 
appropriate foreign embassy.



Sec.  553.16  Eligibility for memorialization in an Arlington National
Cemetery memorial area.

    (a) With the authority granted by 38 U.S.C. 2409, a memorial marker 
may be placed in an Arlington National Cemetery memorial area to honor 
the memory of service members or veterans, who are eligible for 
interment under Sec.  553.12(a) and:
    (1) Who are missing in action;
    (2) Whose remains have not been recovered or identified;
    (3) Whose remains were buried at sea, whether by the member's or 
veteran's own choice or otherwise;
    (4) Whose remains were donated to science; or
    (5) Whose remains were cremated and the cremated remains were 
scattered without interment or inurnment of any portion of those 
remains.
    (b) When the remains of a primarily eligible person are unavailable 
for one of the reasons listed in paragraph (a) of this section, and a 
derivatively eligible person who predeceased the primarily eligible 
person is already interred or inurned in Arlington National Cemetery, 
the primarily eligible person may be memorialized only on the existing 
headstone or on a replacement headstone, ordered with a new inscription. 
Consistent with the one-gravesite-per-family policy, a separate marker 
in a memorial area is not authorized.
    (c) When a memorial marker for a primarily eligible person is 
already in place in a memorial area, and a derivatively eligible person 
is subsequently interred or inurned in Arlington National Cemetery, an 
inscription memorializing the primarily eligible person will be placed 
on the new headstone or niche cover. Consistent with the one-gravesite-
per-family policy, the memorial marker will then be removed from the 
memorial area.



Sec.  553.17  Arlington National Cemetery interment/inurnment agreement.

    (a) A derivatively eligible person who predeceases the primarily 
eligible person may be interred or inurned in Arlington National 
Cemetery only if the primarily eligible person agrees in writing to be 
interred in the same gravesite or inurned in the same niche at his or 
her time of need and that his or her estate shall pay for all expenses 
related to disinterment or disinurnment of the predeceased person from 
Arlington National Cemetery if the primarily eligible person is not 
interred or inurned as agreed.
    (b) If the primarily eligible person becomes ineligible for 
interment or inurnment in Arlington National Cemetery or the personal 
representative or primary next of kin decides that the primarily 
eligible person will be interred or inurned elsewhere, the remains of 
any predeceased person may be removed from Arlington National Cemetery 
at no cost to the Government.



Sec.  553.18  Eligibility for burial in U.S. Soldiers' and Airmen's Home
National Cemetery.

    Only the residents of the Armed Forces Retirement Home are eligible 
for interment in the U.S. Soldiers' and Airmen's Home National Cemetery. 
Resident eligibility criteria for the Armed Forces Retirement Home is 
provided for at 24 U.S.C. 412.

[[Page 237]]



Sec.  553.19  Ineligibility for interment, inurnment, or memorialization
in an Army National Military Cemetery.

    The following persons are not eligible for interment, inurnment, or 
memorialization in an Army National Military Cemetery:
    (a) A father, mother, brother, sister, or in-law solely on the basis 
of his or her relationship to a primarily eligible person, even though 
the individual is:
    (1) Dependent on the primarily eligible person for support; or
    (2) A member of the primarily eligible person's household.
    (b) A person whose last period of service was not characterized as 
an honorable discharge (e.g., a separation or discharge under general 
but honorable conditions, other than honorable conditions, a bad conduct 
discharge, a dishonorable discharge, or a dismissal), regardless of 
whether the person:
    (1) Received any other veterans' benefits; or
    (2) Was treated at a Department of Veterans Affairs hospital or died 
in such a hospital.
    (c) A person who has volunteered for service with the U.S. Armed 
Forces, but has not yet entered on active duty.
    (d) A former spouse whose marriage to the primarily eligible person 
ended in divorce.
    (e) A spouse who predeceases the primarily eligible person and is 
interred or inurned in a location other than Arlington National 
Cemetery, and the primarily eligible person remarries.
    (f) A divorced spouse of a primarily eligible person.
    (g) Otherwise derivatively eligible persons, such as a spouse or 
minor child, if the primarily eligible person was not or will not be 
interred or inurned at Arlington National Cemetery.
    (h) A service member who dies while on active duty, if the first 
General Courts Martial Convening Authority in the service member's chain 
of command determines that there is clear and convincing evidence that 
the service member engaged in conduct that would have resulted in a 
separation or discharge not characterized as an honorable discharge 
(e.g., a separation or discharge under general but honorable conditions, 
other than honorable conditions, a bad conduct discharge, a dishonorable 
discharge, or a dismissal) being imposed, but for the death of the 
service member.
    (i) Animal remains. If animal remains are unintentionally commingled 
with human remains due to a natural disaster, unforeseen accident, act 
of war or terrorism, violent explosion, or similar incident, and such 
remains cannot be separated from the remains of an eligible person, then 
the remains may be interred or inurned with the eligible person, but the 
identity of the animal remains shall not be inscribed or identified on a 
niche, marker, headstone, or otherwise.



Sec.  553.20  Prohibition of interment, inurnment, or memorialization in
an Army National Military Cemetery of persons who have committed certain
crimes.

    (a) Prohibition. Notwithstanding Sec. Sec.  553.12-553.16, 553.18, 
and 553.22, pursuant to 10 U.S.C. 985 and 38 U.S.C. 2411, the interment, 
inurnment, or memorialization in an Army National Military Cemetery of 
any of the following persons is prohibited:
    (1) Any person identified in writing to the Executive Director by 
the Attorney General of the United States, prior to his or her 
interment, inurnment, or memorialization, as a person who has been 
convicted of a Federal capital crime and whose conviction is final 
(other than a person whose sentence was commuted by the President).
    (2) Any person identified in writing to the Executive Director by an 
appropriate State official, prior to his or her interment, inurnment, or 
memorialization, as a person who has been convicted of a State capital 
crime and whose conviction is final (other than a person whose sentence 
was commuted by the Governor of the State).
    (3) Any person found under procedures specified in Sec.  553.21 to 
have committed a Federal or State capital crime but who has not been 
convicted of such crime by reason of such person not being available for 
trial due to death or flight to avoid prosecution. Notice from officials 
is not required for this prohibition to apply.

[[Page 238]]

    (4) Any person identified in writing to the Executive Director by 
the Attorney General of the United States or by an appropriate State 
official, prior to his or her interment, inurnment, or memorialization, 
as a person who has been convicted of a Federal or State crime causing 
the person to be a Tier III sex offender for purposes of the Sex 
Offender Registration and Notification Act, who for such crime is 
sentenced to a minimum of life imprisonment and whose conviction is 
final (other than a person whose sentence was commuted by the President 
or the Governor of a State, as the case may be).
    (b) Notice. The Executive Director is designated as the Secretary of 
the Army's representative authorized to receive from the appropriate 
Federal or State officials notification of conviction of capital crimes 
referred to in this section.
    (c) Confirmation of person's eligibility. (1) If notice has not been 
received, but the Executive Director has reason to believe that the 
person may have been convicted of a Federal capital crime or a State 
capital crime, the Executive Director shall seek written confirmation 
from:
    (i) The Attorney General of the United States, with respect to a 
suspected Federal capital crime; or
    (ii) An appropriate State official, with respect to a suspected 
State capital crime.
    (2) The Executive Director will defer the decision on whether to 
inter, inurn, or memorialize a decedent until a written response is 
received.



Sec.  553.21  Findings concerning the commission of certain crimes
where a person has not been convicted due to death or flight to
avoid prosecution.

    (a) Preliminary inquiry. If the Executive Director has reason to 
believe that a decedent may have committed a Federal capital crime or a 
State capital crime but has not been convicted of such crime by reason 
of such person not being available for trial due to death or flight to 
avoid prosecution, the Executive Director shall submit the issue to the 
Army General Counsel. The Army General Counsel or his or her designee 
shall initiate a preliminary inquiry seeking information from Federal, 
State, or local law enforcement officials, or other sources of 
potentially relevant information.
    (b) Decision after preliminary inquiry. If, after conducting the 
preliminary inquiry described in paragraph (a) of this section, the Army 
General Counsel or designee determines that credible evidence exists 
suggesting the decedent may have committed a Federal capital crime or 
State capital crime, then further proceedings under this section are 
warranted to determine whether the decedent committed such crime. 
Consequently the Army General Counsel or his or her designee shall 
present the personal representative with a written notification of such 
preliminary determination and a dated, written notice of the personal 
representative's procedural options.
    (c) Notice and procedural options. The notice of procedural options 
shall indicate that, within fifteen days, the personal representative 
may:
    (1) Request a hearing;
    (2) Withdraw the request for interment, inurnment, or 
memorialization; or
    (3) Do nothing, in which case the request for interment, inurnment, 
or memorialization will be considered to have been withdrawn.
    (d) Time computation. The fifteen-day time period begins on the 
calendar day immediately following the earlier of the day the notice of 
procedural options is delivered in person to the personal representative 
or is sent by U.S. registered mail or, if available, by electronic means 
to the personal representative. It ends at midnight on the fifteenth 
day. The period includes weekends and holidays.
    (e) Hearing. The purpose of the hearing is to allow the personal 
representative to present additional information regarding whether the 
decedent committed a Federal capital crime or a State capital crime. In 
lieu of making a personal appearance at the hearing, the personal 
representative may submit relevant documents for consideration.
    (1) If a hearing is requested, the Army General Counsel or his or 
her designee shall conduct the hearing.
    (2) The hearing shall be conducted in an informal manner.

[[Page 239]]

    (3) The rules of evidence shall not apply.
    (4) The personal representative and witnesses may appear, at no 
expense to the Government, and shall, in the discretion of the Army 
General Counsel or his or her designee, testify under oath. Oaths must 
be administered by a person who possesses the legal authority to 
administer oaths.
    (5) The Army General Counsel or designee shall consider any and all 
relevant information obtained.
    (6) The hearing shall be appropriately recorded. Upon request, a 
copy of the record shall be provided to the personal representative.
    (f) Final determination. After considering the opinion of the Army 
General Counsel or his or her designee, and any additional information 
submitted by the personal representative, the Secretary of the Army or 
his or her designee shall determine the decedent's eligibility for 
interment, inurnment, or memorialization. This determination is final 
and not appealable.
    (1) The determination shall be based on evidence that supports or 
undermines a conclusion that the decedent's actions satisfied the 
elements of the crime as established by the law of the jurisdiction in 
which the decedent would have been prosecuted.
    (2) If an affirmative defense is offered by the decedent's personal 
representative, a determination as to whether the defense was met shall 
be made according to the law of the jurisdiction in which the decedent 
would have been prosecuted.
    (3) Mitigating evidence shall not be considered.
    (4) The opinion of the local, State, or Federal prosecutor as to 
whether he or she would have brought charges against the decedent had 
the decedent been available is relevant but not binding and shall be 
given no more weight than other facts presented.
    (g) Notice of decision. The Executive Director shall provide written 
notification of the Secretary's decision to the personal representative.



Sec.  553.22  Exceptions to policies for interment, inurnment, or
memorialization at Arlington National Cemetery.

    (a) As a national military cemetery, eligibility standards for 
interment, inurnment, or memorialization are based on honorable military 
service. Exceptions to the eligibility standards for new graves are 
rarely granted. When granted, exceptions are for those persons who have 
made significant contributions that directly and substantially benefited 
the U.S. military.
    (b) Requests for an exception to the interment or inurnment 
eligibility policies shall be considered only after the individual's 
death.
    (c) Requests for an exception to the interment or inurnment 
eligibility policies shall be submitted to the Executive Director and 
shall include any documents required by the Executive Director.
    (d) The primary next of kin is responsible for providing and 
certifying the authenticity of all documents and swearing to the 
accuracy of the accounting provided to support the request for exception 
to the interment or inurnment eligibility policies.
    (e) Disapproved requests will be reconsidered only when the personal 
representative or next of kin submits new and substantive information 
not previously considered by the Secretary of the Army. Requests for 
reconsideration shall be submitted directly to the Executive Director. 
Requests for reconsideration not supported by new and substantive 
information will be denied by the Executive Director after review and 
advice from the Army General Counsel or his or her designee. The 
Executive Director shall notify the personal representative or next of 
kin of the decision of the reconsideration. The decision by the 
Secretary of the Army or the Executive Director, as the case may be, is 
final and not appealable.
    (f) Under no circumstances, will exceptions to policies be 
considered or granted for those individuals prohibited from interment by 
virtue of Sec.  553.20 or Sec.  553.21.

[[Page 240]]



Sec.  553.23  Placement of cremated remains at Army National Military
Cemeteries.

    All cremated remains shall be interred or inurned. The scattering of 
cremated remains and the burial of symbolic containers are prohibited in 
Army National Military Cemeteries.



Sec.  553.24  Subsequently recovered remains.

    Subsequently recovered identified remains of a decedent shall be 
reunited in one gravesite or urn, or as part of a group burial either in 
an Army National Military Cemetery or other cemetery. Subsequently 
recovered identified remains may also be interred in the Arlington 
National Cemetery Tomb of Remembrance. Unidentified remains (which may 
or may not be comingled) may also be interred in the Arlington National 
Cemetery Tomb of Remembrance.



Sec.  553.25  Disinterments and disinurnments of remains.

    (a) Interments and inurnments in Army National Military Cemeteries 
are considered permanent.
    (b) Requests for disinterment or disinurnment of individually buried 
or inurned remains are considered requests for exceptions to this 
policy, and must be addressed to the Executive Director for decision. 
The request must include:
    (1) A full statement of the reasons for the disinterment or 
disinurnment of the remains from the personal representative or primary 
next of kin who directed the original interment or inurnment if still 
living, or if not, the current personal representative or primary next 
of kin;
    (2) A notarized statement from each living close relative of the 
decedent that he or she does not object to the proposed disinterment or 
disinurnment; and
    (3) A notarized statement by a person who has personal knowledge of 
the decedent's relatives stating that the persons giving statements 
comprise all of the decedent's living close relatives.
    (4) An appropriate funding source for the disinterment or 
disinurnment, as disinterments and disinurnments of individually buried 
or inurned remains must be accomplished without expense to the 
Government.
    (c) The Executive Director shall carry out disinterments and 
disinurnments directed by a court of competent jurisdiction upon 
presentation of a lawful, original court order and after consulting with 
the Army General Counsel or his or her designee.
    (d) Remains interred in a group burial may be disinterred only if, 
after the completion of identification processing of any subsequently 
recovered remains, each decedent's remains have not been individually 
identified and it is determined that available technology is likely to 
assist in the identification process of the previously interred group 
remains. Requests for disinterment of group remains must be addressed to 
the Executive Director by the appropriate Military Department's 
Secretary or his or her designee for decision. The request must include:
    (1) A statement from the Joint Prisoner of War/Missing in Action 
Accounting Command certifying that subsequent to the interment or 
inurnment of the decedents, remains have been recovered from the site of 
the casualty incident, and that the remains of each individual U.S. 
citizen, legal resident, or former service member have not been 
previously identified from either the remains originally recovered or 
from the subsequently recovered portions.
    (2) Sufficient circumstantial and anatomical evidence from the Joint 
Prisoner of War/Missing in Action Accounting Command, which when 
combined with contemporary forensic or other scientific techniques, 
would lead to a high probability of individual identification of the 
interred group remains.
    (3) Copies of the Military Department's notification to all the 
living close relatives of the decedents advising them of the proposed 
disinterment.
    (4) A time period identified by the Joint Prisoner of War/Missing in 
Action Accounting Command during which it proposes to perform forensic 
or scientific techniques for individual identification processing.
    (5) An anticipated time period as to when the Joint Prisoner of War/
Missing in Action Accounting Command will

[[Page 241]]

return any unidentified remains to Arlington National Cemetery or will 
notify the cemetery that individual identifications of the group remains 
are complete and no remains will be returned.
    (e) Disinterment or disinurnment is not permitted for the sole 
purpose of splitting remains or permanently keeping any portion of the 
remains in a location other than Arlington National Cemetery.
    (f) Disinterment of previously designated group remains for the sole 
purpose of individually segregating the group remains is not permitted 
unless the requirements of paragraph (d) of this section are met.



Sec.  553.26  Design of Government-furnished headstones, niche covers,
and memorial markers.

    (a) Headstones and memorial markers shall be white marble in an 
upright slab design. Flat-type granite markers may be used, at the 
Executive Director's discretion, when the terrain or other obstruction 
precludes use of an upright marble headstone or memorial marker.
    (b) Niche covers shall be white marble.
    (c) The Executive Director shall approve the design of headstones 
and memorial markers erected for group burials, consistent with the 
policies of the Secretary of Veterans Affairs.



Sec.  553.27  Inscriptions on Government-furnished headstones,
niche covers, and memorial markers.

    (a) Inscriptions on Government-furnished headstones, niche covers, 
and memorial markers will be made according to the policies and 
specifications of the Secretary of the Army, consistent with the 
policies of the Secretary of Veterans Affairs.
    (b) No grades, titles, or ranks other than military grades granted 
pursuant to title 10, United States Code, will be engraved on 
Government-furnished headstones, niche covers, and memorial markers. 
Honorary grades, titles, or ranks granted by States, governors, and 
others shall not be inscribed on headstones, niche covers, or memorial 
markers.
    (c) Memorial markers must include the words ``In Memory of'' 
preceding the inscription.
    (d) The words ``In Memory of'' shall not precede the inscription of 
a decedent whose remains are interred or inurned.



Sec.  553.28  Private headstones and markers.

    (a) Construction and installation of private headstones and markers 
in lieu of Government-furnished headstones and markers may be approved 
at the discretion of the Executive Director, and are permitted only in 
sections of Army National Military Cemeteries in which private memorials 
and markers were authorized as of January 1, 1947. These headstones or 
markers must be of simple design, dignified, and appropriate for a 
military cemetery as determined by the Executive Director.
    (b) The design and inscription of a private headstone or marker must 
be approved by the Executive Director prior to its construction and 
placement. All private headstones and markers will be designed to 
conform to the dimensions and profiles specified by the Executive 
Director and will be inscribed with the location of the gravesite.
    (c) Placement of a private headstone or marker is conditional upon 
the primary next of kin agreeing in writing to maintain it in a manner 
acceptable to the Government. Should the headstone or marker become 
unserviceable at any time and the primary next of kin fail to repair or 
replace it, or if the marker is not updated to reflect all persons 
buried in that gravesite within 6 months of the most recent burial, the 
Executive Director reserves the right to remove and dispose of the 
headstone or marker and replace it with a standard, Government-furnished 
headstone or marker.
    (d) The construction of a headstone or marker to span two gravesites 
will be permitted only in those sections in which headstones and markers 
are presently spanning two gravesites and only with the express 
understanding that in the event both gravesites are not utilized for 
burials, the headstone

[[Page 242]]

or marker will be relocated to the center of the occupied gravesite, if 
possible. Such relocation must be accomplished at no expense to the 
Government. The Executive Director reserves the right to remove and 
dispose of the headstone or marker and to mark the gravesite with a 
Government-furnished headstone or marker if the personal representative 
or primary next of kin fails to relocate the headstone or marker as 
requested by the Executive Director.
    (e) Separate headstones or markers may be constructed on a lot (two 
gravesites) for a service member and spouse, provided that each 
headstone or marker is set at the head of the gravesite after interment 
has been made.
    (f) At the time a headstone or marker is purchased, arrangements 
must be made with an appropriate commercial firm to ensure that 
additional inscriptions will be promptly inscribed following each 
succeeding interment in the gravesite. Foot markers must be authorized 
by the Executive Director and may only be authorized when there is no 
available space for an inscription on the front or rear of a private 
headstone.
    (g) Except as may be authorized for marking group burials, ledger 
monuments of freestanding cross design, narrow shafts, and mausoleums 
are prohibited.

[81 FR 65877, Sept. 26, 2016, as amended at 84 FR 45408, Aug. 29, 2019]



Sec.  553.29  Permission to construct private headstones and markers.

    (a) Headstone firms must receive permission from the Executive 
Director to construct a private headstone or marker for use in Army 
National Military Cemeteries or to add an inscription to an existing 
headstone or marker in an Army National Military Cemetery.
    (b) Requests for permission must be submitted to the Executive 
Director and must include:
    (1) Written consent from the personal representative or primary next 
of kin;
    (2) Contact information for both the personal representative or 
primary next of kin and the headstone firm; and
    (3) A scale drawing (no less than 1:12) showing all dimensions, or a 
reproduction showing detailed specifications of design and proposed 
construction material, finishing, carving, lettering, exact inscription 
to appear on the headstone or marker, and a trademark or copyright 
designation.
    (c) The Army does not endorse headstone firms but grants permission 
for the construction of headstones or markers in individual cases.
    (d) When using sandblast equipment to add an inscription to an 
existing headstone or marker, headstone firms shall restore the 
surrounding grounds in a timely manner as determined by the Executive 
Director to the condition of the grounds before work began and at no 
expense to the Government.



Sec.  553.30  Inscriptions on private headstones and markers.

    An appropriate inscription for the decedent will be placed on the 
headstone or marker in accordance with the dimensions of the stone and 
arranged in such a manner as to enhance the appearance of the stone. 
Additional inscriptions may be inscribed following each succeeding 
interment in the gravesite. All inscriptions will be in accordance with 
policies established by the Executive Director.



Sec.  553.31  Memorial and commemorative monuments (other than private
headstones or markers).

    The placement of memorials or commemorative monuments in Arlington 
National Cemetery will be carried out in accordance with 38 U.S.C. 
2409(b).



Sec.  553.32  Conduct of memorial services and ceremonies.

    (a) The Executive Director shall ensure the sanctity of public and 
private memorial and ceremonial events.
    (b) All memorial services and ceremonies within Army National 
Military Cemeteries, other than official ceremonies, shall be purely 
memorial in purpose and may be dedicated only to:
    (1) The memory of all those interred, inurned, or memorialized in 
Army National Military Cemeteries;
    (2) The memory of all those who died in the military service of the 
United States while serving during a particular conflict or while 
serving in a particular military unit or units; or

[[Page 243]]

    (3) The memory of the individual or individuals to be interred, 
inurned, or memorialized at the particular site at which the service or 
ceremony is held.
    (c) Memorial services and ceremonies at Army National Military 
Cemeteries will not include partisan political activities.
    (d) Private memorial services may be closed to the media and public 
as determined by the decedent's primary next of kin.
    (e) Public memorial services and public wreath-laying ceremonies 
shall be open to all members of the public to observe.



Sec.  553.33  Visitors rules for Army National Military Cemeteries.

    (a) Visiting hours. Visiting hours shall be established by the 
Executive Director and posted in conspicuous places. No visitor is 
permitted to enter or remain in an Army National Military Cemetery 
outside the established visiting hours.
    (b) Destruction or removal of property. No person shall destroy, 
damage, mutilate, alter, or remove any monument, gravestone, niche 
cover, structure, tree, shrub, plant, or other property located within 
an Army National Military Cemetery.
    (c) Conduct within Army National Military Cemeteries. Army National 
Military Cemeteries are a national shrine to the honored dead of the 
Armed Forces, and certain acts and activities, which may be appropriate 
elsewhere, are not appropriate in Army National Military Cemeteries. All 
visitors, including persons attending or taking part in memorial 
services and ceremonies, shall observe proper standards of decorum and 
decency while in an Army National Military Cemetery. Specifically, no 
person shall:
    (1) Conduct any memorial service or ceremony within an Army National 
Military Cemetery without the prior approval of the Executive Director.
    (2) Engage in demonstrations prohibited by 38 U.S.C. 2413.
    (3) Engage in any orations, speeches, or similar conduct to 
assembled groups of people, unless such actions are part of a memorial 
service or ceremony authorized by the Executive Director.
    (4) Display any placards, banners, flags, or similar devices within 
an Army National Military Cemetery, unless first approved by the 
Executive Director for use in an authorized memorial service or 
ceremony. This rule does not apply to clothing worn by visitors.
    (5) Distribute any handbill, pamphlet, leaflet, or other written or 
printed matter within an Army National Military Cemetery, except a 
program approved by the Executive Director to be provided to attendees 
of an authorized memorial service or ceremony.
    (6) Bring a dog, cat, or other animal (other than a service animal 
or military working dog) within an Army National Military Cemetery. This 
prohibition does not apply to persons living in quarters located on the 
grounds of the Army National Military Cemeteries.
    (7) Use the cemetery grounds for recreational activities (e.g., 
physical exercise, running, jogging, sports, or picnics).
    (8) Ride a bicycle or similar conveyance in an Army National 
Military Cemetery, except with a proper pass issued by the Executive 
Director to visit a gravesite or niche. An individual visiting a 
relative's gravesite or niche may be issued a temporary pass by the 
Executive Director to proceed directly to and from the gravesite or 
niche on a bicycle or similar vehicle or conveyance.
    (9) Operate a musical instrument, a loudspeaker, or an audio device 
without a headset within an Army National Military Cemetery.
    (10) Drive any motor vehicle within an Army National Military 
Cemetery in excess of the posted speed limit.
    (11) Park any motor vehicle in any area of an Army National Military 
Cemetery designated as a no-parking area.
    (12) Leave any vehicle in the Arlington National Cemetery Visitors' 
Center parking area or Soldiers' and Airmen's Home National Cemetery 
visitors' parking area more than thirty minutes outside of established 
visiting hours or anywhere else in an Army National Military Cemetery 
outside of established visiting hours.
    (13) Consume or serve alcoholic beverages without prior written 
permission from the Executive Director.

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    (14) Possess firearms without prior written permission from the 
Executive Director. This prohibition does not apply to law enforcement 
and military personnel in the performance of their official duties. In 
accordance with locally established policy, military and law enforcement 
personnel may be required to obtain advance permission from the 
Executive Director of the Army National Military Cemeteries prior to 
possessing firearms on the property of an Army National Military 
Cemetery.
    (15) Deposit or throw litter or trash on the grounds of the Army 
National Military Cemeteries.
    (16) Engage in any disrespectful or disorderly conduct within an 
Army National Military Cemetery.
    (d) Vehicular traffic. All visitors, including persons attending or 
taking part in memorial services and ceremonies, will observe the 
following rules concerning motor vehicle traffic within Arlington 
National Cemetery:
    (1) Visitors arriving by car and not entitled to a vehicle pass 
pursuant to paragraph (d)(2) of this section are required to park their 
vehicles in the Visitors' Center parking area or at a location outside 
of the cemetery.
    (2) Only the following categories of vehicles may be permitted 
access to Arlington National Cemetery roadways and issued a permanent or 
temporary pass from the Executive Director:
    (i) Official Government vehicles being used on official Government 
business.
    (ii) Vehicles carrying persons on official Cemetery business.
    (iii) Vehicles forming part of an authorized funeral procession and 
authorized to be part of that procession.
    (iv) Vehicles carrying persons visiting the Arlington National 
Cemetery gravesites, niches, or memorial areas of relatives or loved 
ones interred, inurned, or memorialized within Arlington National 
Cemetery.
    (v) Arlington National Cemetery and National Park Service 
maintenance vehicles.
    (vi) Vehicles of contractors who are authorized to perform work 
within Arlington National Cemetery.
    (vii) Concessionaire tour buses authorized by the Executive Director 
to operate in Arlington National Cemetery.
    (viii) Vehicles of employees of ANMC as authorized by the Executive 
Director.



Sec.  553.34  Soliciting and vending.

    The display or distribution of commercial advertising to or 
solicitation of business from the public is strictly prohibited within 
an Army National Military Cemetery, except as authorized by the 
Executive Director.



Sec.  553.35  Media.

    All officials and staff of the media are subject to the Visitors 
Rules enumerated in Sec.  553.33 and shall comply with the Department of 
the Army's media policy.



                     Subpart B_Army Post Cemeteries

    Source: 84 FR 45408, Aug. 29, 2019, unless otherwise noted.



Sec.  553.36  Definitions.

    As used in this subpart, the following terms have these meanings:
    Active duty. Full-time duty in the active military service of the 
United States.
    (1) This includes:
    (i) Active Reserve component duty performed pursuant to title 10, 
United States Code.
    (ii) Service as a cadet or midshipman currently on the rolls at the 
U.S. Military, U.S. Naval, U.S. Air Force, or U.S. Coast Guard 
Academies.
    (iii) Active duty for operational support.
    (2) This does not include:
    (i) Full-time duty performed under title 32, United States Code.
    (ii) Active duty for training, initial entry training, annual 
training duty, or inactive-duty training for members of the Reserve 
components.
    Active duty for operational support (formerly active duty for 
special work). A tour of active duty for Reserve personnel authorized 
from military or Reserve personnel appropriations for work on Active 
component or Reserve component programs. The purpose of active duty for 
operational support is to provide the necessary skilled manpower assets 
to support existing or

[[Page 245]]

emerging requirements and may include training.
    Active duty for training. A category of active duty used to provide 
structured individual and/or unit training, including on-the-job 
training, or educational courses to Reserve component members. The 
active duty for training category includes annual training, initial 
active duty for training, or any other training duty.
    Annual training. The minimum period of active duty for training that 
Reserve members must perform each year to satisfy the training 
requirements associated with their Reserve component assignment.
    Armed Forces. The U.S. Army, Navy, Marine Corps, Coast Guard, Air 
Force and their Reserve components.
    Army Post Cemeteries. Army Post Cemeteries consist of the 26 
cemeteries on active Army installations, on Army reserve complexes, and 
on former Army installations or inactive posts. Army National Military 
Cemeteries are not included in Post Cemeteries. The West Point Cemetery 
is considered an Army Post Cemetery but has separate eligibility 
standards due to its unique stature. In addition to the 26 Post 
Cemeteries, there are 3 Apache Native American Prisoner of War 
Cemeteries on Fort Sill, Oklahoma and 5 World War II German and Italian 
Prisoner of War Cemeteries on four Army installations which are closed 
for interments but for which the Army bears responsibilities. Finally, 
there is the U.S. Army Disciplinary Barracks Cemetery at Fort 
Leavenworth used for interring the unclaimed remains of those who die 
while incarcerated by the United States Military. Unlike the other Army 
cemeteries which honor the Nation's veterans, this cemetery has unique 
eligibility standards due to the characterization of service of those 
criminally incarcerated.
    Cemetery Responsible Official. An appointed official who serves as 
the primary point of contact and responsible official for all matters 
relating to the operation maintenance and administration of an Army 
cemetery. The appointee must be a U.S. Federal Government employee, DA 
civilian or military member and appointed on orders by the appropriate 
garrison commander or comparable official.
    Child, minor child, permanently dependent child, unmarried adult 
child--(1) Child. (i) Natural child of a primarily eligible person, born 
in wedlock;
    (ii) Natural child of a female primarily eligible person, born out 
of wedlock;
    (iii) Natural child of a male primarily eligible person, who was 
born out of wedlock and:
    (A) Has been acknowledged in a writing signed by the male primarily 
eligible person;
    (B) Has been judicially determined to be the male primarily eligible 
person's child;
    (C) Whom the male primarily eligible person has been judicially 
ordered to support; or
    (D) Has been otherwise proven, by evidence satisfactory to the 
Executive Director, to be the child of the male primarily eligible 
person;
    (iv) Adopted child of a primarily eligible person; or
    (v) Stepchild who was part of the primarily eligible person's 
household at the time of death of the individual who is to be interred 
or inurned.
    (2) Minor child. A child of the primarily eligible person who:
    (i) Is unmarried;
    (ii) Has no dependents; and
    (iii) Is under the age of twenty-one years, or is under the age of 
twenty-three years and is taking a full-time course of instruction at an 
educational institution which the U.S. Department of Education 
acknowledges as an accredited educational institution.
    (3) Permanently dependent child. A child of the primarily eligible 
person who:
    (i) Is unmarried;
    (ii) Has no dependents; and
    (iii) Is permanently and fully dependent on one or both of the 
child's parents because of a physical or mental disability incurred 
before attaining the age of twenty-one years or before the age of 
twenty-three years while taking a full-time course of instruction at an 
educational institution which the U.S. Department of Education 
acknowledges as an accredited educational institution.

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    (4) Unmarried adult child. A child of the primarily eligible person 
who:
    (i) Is unmarried;
    (ii) Has no dependents; and
    (iii) Has attained the age of twenty-one years.
    Close relative. The spouse, parents, adult brothers and sisters, 
adult natural children, adult stepchildren, and adult adopted children 
of a decedent.
    Derivatively eligible person. Any person who is entitled to 
interment or inurnment solely based on his or her relationship to a 
primarily eligible person, as set forth in Sec. Sec.  553.43 through 
553.45.
    Executive Director. The person charged by the Secretary of the Army 
to serve as the functional proponent for policies and procedures 
pertaining to the administration, operation, and maintenance of all 
military cemeteries under the jurisdiction of the Army.
    Federal capital crime. An offense under Federal law for which a 
sentence of imprisonment for life or the death penalty may be imposed.
    Former spouse. See spouse.
    Government. The U.S. Government and its agencies and 
instrumentalities.
    Inactive-duty training. (1) Duty prescribed for members of the 
Reserve components by the Secretary concerned under 37 U.S.C. 206 or any 
other provision of law.
    (2) Special additional duties authorized for members of the Reserve 
components by an authority designated by the Secretary concerned and 
performed by them on a voluntary basis in connection with the prescribed 
training or maintenance activities of the units to which they are 
assigned.
    (3) In the case of a member of the Army National Guard or Air 
National Guard of any State, duty (other than full-time duty) under 32 
U.S.C. 316, 502, 503, 504 or 505 or the prior corresponding provisions 
of law.
    (4) This term does not include:
    (i) Work or study performed in connection with correspondence 
courses;
    (ii) Attendance at an educational institution in an inactive status; 
or
    (iii) Duty performed as a temporary member of the Coast Guard 
Reserve.
    Interment. The ground burial of casketed or cremated human remains.
    Inurnment. The placement of cremated human remains in a niche.
    Media. Individuals and agencies that print, broadcast, or gather and 
transmit news, and their reporters, photographers, and employees.
    Minor child. See child.
    Niche. An above ground space constructed specifically for the 
placement of cremated human remains.
    Parent. A natural parent, a stepparent, a parent by adoption, or a 
person who for a period of not less than one year stood in loco 
parentis, or was granted legal custody by a court decree or statutory 
provision.
    Permanently dependent child. See child.
    Person authorized to direct disposition. The person primarily 
entitled to direct disposition of human remains and who elects to 
exercise that entitlement. Determination of such entitlement shall be 
made in accordance with applicable law and regulations.
    Personal representative. A person who has legal authority to act on 
behalf of another through applicable law, order, and regulation.
    Primarily eligible person. Any person who is entitled to interment 
or inurnment based on his or her service as specified in Sec. Sec.  
553.39 through 553.41.
    Primary next of kin. (1) In the absence of a valid written document 
from the decedent identifying the primary next of kin, the order of 
precedence for designating a decedent's primary next of kin is as 
follows:
    (i) Spouse, even if a minor;
    (ii) Children;
    (iii) Parents;
    (iv) Siblings, to include half-blood and those acquired through 
adoption;
    (v) Grandparents; and
    (vi) Other next of kin, in order of relationship to the decedent as 
determined by the laws of the decedent's state of domicile.
    (2) Absent a court order or written document from the deceased, the 
precedence of next of kin with equal relationships to the decedent is 
governed by seniority (age), older having higher priority than younger. 
Equal relationship situations include those involving divorced parents 
of the decedent, children of the decedent, and siblings of the decedent.

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    Reserve component. The Army Reserve, the Navy Reserve, the Marine 
Corps Reserve, the Air Force Reserve, the Coast Guard Reserve, the Army 
National Guard of the United States, and the Air National Guard of the 
United States.
    Spouse, former spouse, subsequently remarried spouse--(1) Spouse. A 
person who is legally married to another person.
    (2) Former spouse. A person who was legally married to another 
person at one time but was not legally married to that person at the 
time of one of their deaths.
    (3) Subsequently remarried spouse. A derivatively eligible spouse 
who was married to the primarily eligible person at the time of the 
primarily eligible person's death and who subsequently remarried another 
person.
    State capital crime. Under State law, the willful, deliberate, or 
premeditated unlawful killing of another human being for which a 
sentence of imprisonment for life or the death penalty may be imposed.
    Subsequently recovered remains. Additional remains belonging to the 
decedent that are recovered or identified after the decedent's interment 
or inurnment.
    Subsequently remarried spouse. See spouse.
    Subversive activity. Actions constituting subversive activity are 
those defined in applicable provisions of Federal law.
    Unmarried adult child. See child.
    Veteran. A person who served in the U.S. Armed Forces and who was 
discharged or released under honorable conditions.



Sec.  553.37  Purpose.

    This subpart specifies the eligibility for interment and inurnment 
in the twenty-five Army Post Cemeteries, the West Point Post Cemetery, 
NY and the U.S. Disciplinary Barracks Cemetery at Fort Leavenworth, KS.



Sec.  553.38  Statutory authorities.

    The statutory authorities for this subpart are Public Law 93-43 Stat 
87, 10 U.S.C. 985, 1481, 1482, 3013, and 38 U.S.C. 2411.



Sec.  553.39  Scope and applicability.

    (a) Scope. The development, maintenance, administration, and 
operation of the Army Post Cemeteries are governed by this subpart, Army 
Regulation 290-5, and Department of the Army Pamphlet 290-5. The 
development, maintenance, administration, and operation of Army National 
Military Cemeteries are not covered by this subpart.
    (b) Applicability. This subpart is applicable to all persons seeking 
interment or inurnment in Army Post Cemeteries.



Sec.  553.40  Assignment of gravesites or niches.

    (a) All eligible persons will be assigned gravesites or niches 
without discrimination as to race, color, sex, religion, age, or 
national origin and without preference to military grade or rank.
    (b) Army Cemeteries will enforce a one-gravesite-per-family policy. 
Once the initial interment or inurnment is made in a gravesite or niche, 
each additional interment or inurnment of eligible persons must be made 
in the same gravesite or niche, except as noted in paragraph (f) of this 
section. This includes multiple primarily eligible persons if they are 
married to each other.
    (c) A gravesite reservation will be honored if the gravesite was 
properly reserved before May 1, 1975.
    (d) The commander responsible for an Army Cemetery may cancel a 
gravesite reservation:
    (1) Upon determination that a derivatively eligible spouse has 
remarried;
    (2) Upon determination that the remains of the person having the 
gravesite reservation have been buried elsewhere or otherwise disposed 
of;
    (3) Upon determination that the person having the gravesite 
reservation desires to or will be interred in the same gravesite with 
the predeceased, and doing so is feasible; or
    (4) Upon determination that the person having the gravesite 
reservation would be 120 years of age and there is no record of 
correspondence with the person having the gravesite reservation within 
the last two decades.
    (e) In cases of reservations where more than one gravesite was 
reserved

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(on the basis of the veteran's eligibility at the time the reservation 
was made), the gravesite reservations will be honored only if the 
decedents continue to meet the eligibility criteria for interment in 
Army Post Cemeteries that is in effect at the time of need, and the 
reserved gravesite is available.
    (f) Gravesites or niches shall not be reserved or assigned prior to 
the time of need.
    (g) The selection of gravesites and niches is the responsibility of 
the Cemetery Responsible Official. The selection of specific gravesites 
or niches by the family or other representatives of the deceased at any 
time is prohibited.



Sec.  553.41  Proof of eligibility.

    (a) The personal representative or primary next of kin is 
responsible for providing appropriate documentation to verify the 
decedent's eligibility for interment or inurnment.
    (b) The personal representative or primary next of kin must certify 
in writing that the decedent is not prohibited from interment or 
inurnment under Sec.  553.46 because he or she has not committed or has 
not been convicted of a Federal or State capital crime or is not a 
convicted Tier III sex offender.
    (c) For service members who die on active duty, a statement of 
honorable service from a general court martial convening authority is 
required. If the certificate of honorable service cannot be granted, the 
service member is ineligible for interment or inurnment pursuant to 
Sec.  553.46(b).
    (d) When applicable, the following documents are required:
    (1) Death certificate;
    (2) Proof of eligibility as required by paragraphs (e) through (g) 
of this section;
    (3) Any additional documentation to establish the decedent's 
eligibility (e.g., marriage certificate, birth certificate, waivers, 
statements that the decedent had no children);
    (4) Burial agreement;
    (5) A certificate of cremation or notarized statement attesting to 
the authenticity of the cremated human remains and that 100% of the 
cremated remains received from the crematorium are present. The Cemetery 
Responsible Official may, however, allow a portion of the cremated 
remains to be removed by the crematorium for the sole purpose of 
producing commemorative items.
    (6) Any other document as required by the Cemetery Responsible 
Official.
    (e) The following documents may be used to establish the eligibility 
of a primarily eligible person:
    (1) DD Form 214 (issued by all military services since January 1, 
1950), Certificate of Release or Discharge from Active Duty or any other 
DD Form that shows service or discharge information);
    (2) WD AGO 53, 55 or 53-55, Enlisted Record and Report of Separation 
Honorable Discharge;
    (3) WD AGO 53-98, Military Record and Report of Separation 
Certificate of Service or any other WD AGO/AGO Form that shows service 
or discharge information;
    (4) NGB 22, Report of Separation and Record of Service, Departments 
of the Army and the Air Force, National Guard Bureau (must indicate a 
minimum of 20 years total service for pay);
    (5) ADJ 545, Discharge Certificate or Army DS ODF, Honorable 
Discharge from the United States Army;
    (6) Bureau of Investigation No. 6, 53 or 118, Discharge Certificate 
or Bureau of Investigation No. 213, Discharge from U.S. Naval Reserve 
Force;
    (7) VA Adjudication 545, Summary of Record of Active Service or any 
other VA/GSA/NAR/NA Form that shows service or discharge information;
    (8) NAVPERS-553, Notice of Separation from U.S. Naval Service;
    (9) NAVMC 70-PD, Honorable Discharge, U.S. Marine Corps or any other 
NAVPERS/NAVCG/NAVMC/NMC/Form No. 6 U.S.N./Navy (no number) Form that 
shows service or discharge information; or
    (10) DD Form 1300, Report of Casualty (required in the case of death 
of an active duty service member).
    (f) In addition to the documents otherwise required by this section, 
a request for interment or inurnment of a subsequently remarried spouse 
must be accompanied by:
    (1) A notarized statement from the new spouse of the subsequently 
remarried spouse agreeing to the interment or inurnment and 
relinquishing any

[[Page 249]]

claim for interment or inurnment in the same gravesite or niche.
    (2) Notarized statement(s) from all of the children from the prior 
marriage agreeing to the interment or inurnment of their parents in the 
same gravesite or niche.
    (g) In addition to the documents otherwise required by this section, 
a request for interment or inurnment of a permanently dependent child 
must be accompanied by:
    (1) A notarized statement as to the marital status and degree of 
dependency of the decedent from an individual with direct knowledge; and
    (2) A physician's statement regarding the nature and duration of the 
physical or mental disability; and
    (3) A statement from someone with direct knowledge demonstrating the 
following factors:
    (i) The deceased lived most of his or her adult life with one or 
either parents, one or both of whom are otherwise eligible for 
interment; and
    (ii) The decedent's children, siblings, or other family members, 
other than the eligible parent, waive any derivative claim to be 
interred at the Army Post Cemetery in question, in accordance with DA 
Form 2386 (Agreement for Interment).
    (h) Veterans or primary next of kin of deceased veterans may obtain 
copies of their military records by writing to the National Personnel 
Records Center, Attention: Military Personnel Records, 1 Archives Drive, 
St. Louis, Missouri 63138 or using their website: http://
www.archives.gov/veterans/. All others may request a record by 
completing and submitting Standard Form 180.
    (i) The burden of proving eligibility lies with the party who 
requests the burial. Commanders of these cemeteries or their Cemetery 
Responsible Officials will determine whether the submitted evidence is 
sufficient to support a finding of eligibility.



Sec.  553.42  General rules governing eligibility for interment or
inurnment in Army Post Cemeteries.

    (a) Only those persons who meet the criteria of Sec.  553.43 or are 
granted an exception to policy pursuant to Sec.  553.49 may be interred 
in the twenty-five Army Post Cemeteries. Only those persons who meet the 
criteria of Sec.  553.44 or are granted an exception to policy pursuant 
to Sec.  553.49 may be interred or inurned in the West Point Cemetery. 
Only those persons who meet the criteria of Sec.  553.45 may be interred 
in the U.S. Disciplinary Barracks Cemetery.
    (b) Derivative eligibility for interment or inurnment may be 
established only through a decedent's connection to a primarily eligible 
person and not to another derivatively eligible person.
    (c) No veteran is eligible for interment, inurnment, or 
memorialization in an Army Post Cemetery (except for the U.S. 
Disciplinary Cemetery) unless the veteran's last period of active duty 
ended with an honorable discharge. A general discharge under honorable 
conditions is not sufficient for interment, inurnment or memorialization 
in an Army Post Cemetery.
    (d) For purposes of determining whether a service member has 
received an honorable discharge, final determinations regarding 
discharges made in accordance with procedures established by chapter 79 
of title 10, United States Code, will be considered authoritative.
    (e) The Executive Director has the authority to act on requests for 
exceptions to the provisions of the interment, inurnment, and 
memorialization eligibility policies contained in this subpart. The 
Executive Director may delegate this authority on such terms deemed 
appropriate.
    (f) Individuals who do not qualify as a primarily eligible person or 
a derivatively eligible person, but who are granted an exception to 
policy to be interred or inurned pursuant to Sec.  553.49 in a new 
gravesite or niche, will be treated as a primarily eligible person for 
purposes of this subpart.
    (g) Notwithstanding any other section in this subpart, 
memorialization with an individual memorial marker, interment, or 
inurnment in an Army Post Cemetery is prohibited if there is a 
gravesite, niche, or individual memorial marker for the decedent in any 
other Government-operated cemetery or the Government has provided an 
individual grave marker, individual memorial marker or niche cover for 
placement in a private cemetery.

[[Page 250]]



Sec.  553.43  Eligibility for interment and inurnment in Army Post
Cemeteries.

    Only those who qualify as a primarily eligible person or a 
derivatively eligible person are eligible for interment and inurnment in 
Army Post Cemeteries (except for the West Point Cemetery), unless 
otherwise prohibited as provided for in Sec. Sec.  553.46 through 
553.48, provided that the last period of active duty of the service 
member or veteran ended with an honorable discharge.
    (a) Primarily eligible persons. The following are primarily eligible 
persons for purposes of interment:
    (1) Any service member who dies on active duty in the U.S. Armed 
Forces (except those service members serving on active duty for training 
only), if the General Courts Martial Convening Authority grants a 
certificate of honorable service.
    (2) Any veteran retired from a Reserve component who served a period 
of active duty (other than for training), is carried on the official 
retired list, and is entitled to receive military retired pay.
    (3) Any veteran retired from active military service and entitled to 
receive military retired pay.
    (b) Derivatively eligible persons. The following individuals are 
derivatively eligible persons for purposes of interment who may be 
interred if space is available in the gravesite of the primarily 
eligible person:
    (1) The spouse of a primarily eligible person who is or will be 
interred in an Army Post Cemetery in the same grave as the spouse. A 
former spouse of a primarily eligible person is not eligible for 
interment in an Army Post Cemetery under this section.
    (2) A subsequently remarried spouse of a primarily eligible person 
who is remarried at the time of need, provided that there are no 
children from any subsequent marriage; that all children from the prior 
marriage to the primarily eligible person agree to the interment and 
relinquish any claim for interment in the same gravesite in a notarized 
statement(s); and that the new spouse, if still living and married to 
the subsequently remarried spouse, agrees to the interment and 
relinquishes any claim for interment. The Cemetery Responsible Official 
may cancel the subsequently remarried spouse's gravesite reservation, if 
any, consistent with Sec.  553.40, and place the subsequently remarried 
spouse's remains in the same gravesite as the primarily eligible person.
    (3) The spouse of an active duty service member or an eligible 
veteran, who was:
    (i) Lost or buried at sea, temporarily interred overseas due to 
action by the Government, or officially determined to be missing in 
action;
    (ii) Buried in a U.S. military cemetery maintained by the American 
Battle Monuments Commission; or
    (iii) Interred in Arlington National Cemetery as part of a group 
burial (the derivatively eligible spouse may not be buried in the group 
burial gravesite) and the active duty service member does not have a 
separate individual interment or inurnment location.
    (4) A minor child or permanently dependent adult child of a 
primarily eligible person who is or will be interred in an Army Post 
Cemetery.
    (5) The parents of a minor child or a permanently dependent adult 
child, whose remains were interred in an Army Post Cemetery based on the 
eligibility of a parent at the time of the child's death, unless 
eligibility of a parent is lost through divorce from the primarily 
eligible parent.



Sec.  553.44  Eligibility for interment and inurnment in the 
West Point Post Cemetery.

    The following persons are eligible for interment and inurnment in 
the West Point Post Cemetery, unless otherwise prohibited as provided 
for in Sec. Sec.  553.46 through 553.48, provided that the last period 
of active duty of the service member or veteran ended with an honorable 
discharge or characterization of honorable service for active duty 
deaths.
    (a) Primarily eligible persons for interment or inurnment. The 
following are primarily eligible persons for purposes of interment or 
inurnment:
    (1) A graduate of the USMA, provided the individual was a U.S. 
citizen, both as a cadet and at the time of death, and

[[Page 251]]

whose military service fulfilled one of the following criteria.
    (i) The graduate's service in the Armed Forces of the United States, 
if any, terminated honorably.
    (ii) The graduate's service in wartime in the Armed Forces of a 
nation that was allied with the United States during the war terminated 
honorably.
    (2) Members of the Armed Forces of the United States, including USMA 
cadets, who were on active duty at the USMA at time of death and their 
derivatively eligible person dependents who may have died while the 
service member was on active duty at the USMA.
    (3) Members of the Armed Forces of the United States who were on 
active duty at the USMA at time of retirement.
    (4) Members of the Armed Forces of the United States whose last 
active duty station prior to retirement for physical disability was the 
USMA. However, personnel (not otherwise eligible) who are transferred to 
the Medical Holding Detachment, Keller Army Hospital, for medical 
boarding or medical disability retirement are not, regardless of length 
of time, eligible for interment or inurnment in the West Point Cemetery 
or Columbarium.
    (5) Officers appointed as Professors, USMA.
    (b) Derivatively eligible persons. Derivatively eligible persons are 
those connected to an individual described in paragraph (a) of this 
section through a relationship described in Sec.  553.43(b). Such 
individuals may be interred or inurned if space is available in the 
primarily eligible person's gravesite or niche.
    (c) Temporary restrictions. The Secretary of the Army or his 
designee may, in special circumstances, impose temporary restrictions on 
the eligibility standards for the USMA cemetery. If temporary 
restrictions are imposed, they will be reviewed annually to ensure the 
special circumstances remain valid for retaining the temporary 
restrictions.



Sec.  553.45  Eligibility for interment in U.S. Disciplinary Barracks
Cemetery at Fort Leavenworth.

    (a) Military prisoners who die while in Military custody and are not 
claimed by the person authorized to direct disposition of remains or 
other persons legally authorized to dispose of remains are permitted to 
be interred in the U.S. Disciplinary Barracks Cemetery. All decisions 
for interment in the U.S.D.B. Cemetery will be made by the Executive 
Director, ANMC.
    (b) Other persons approved by the Executive Director.



Sec.  553.46  Ineligibility for interment, inurnment or memorialization 
in an Army Post Cemetery.

    The following persons are not eligible for interment, inurnment, or 
memorialization in an Army Post Cemetery:
    (a) A father, mother, brother, sister, or in-law solely on the basis 
of his or her relationship to a primarily eligible person, even though 
the individual is:
    (1) Dependent on the primarily eligible person for support; or
    (2) A member of the primarily eligible person's household.
    (b) Except for the U.S. Disciplinary Barracks Cemetery in Sec.  
553.45, a person whose last period of service was not characterized as 
an honorable discharge (e.g., a separation or discharge under general 
but honorable conditions, other than honorable conditions, a bad conduct 
discharge, a dishonorable discharge, or a dismissal), regardless of 
whether the person:
    (1) Received any other veterans' benefits; or
    (2) Was treated at a Department of Veterans Affairs hospital or died 
in such a hospital.
    (c) A person who has volunteered for service with the U.S. Armed 
Forces, but has not yet entered on active duty.
    (d) A former spouse whose marriage to the primarily eligible person 
ended in divorce.
    (e) A spouse who predeceases the primarily eligible person and is 
interred or inurned in a location other than an Army Cemetery, and the 
primarily eligible person remarries.
    (f) A divorced spouse of a primarily eligible person or the service-
connected parent when the divorced spouse has a

[[Page 252]]

child interred or inurned in an Army Cemetery under the child's 
derivative eligibility.
    (g) Otherwise derivatively eligible persons, such as a spouse or 
minor child, if the primarily eligible person was not or will not be 
interred or inurned at an Army Cemetery.
    (h) A person convicted in a Federal court or by a court-martial of 
any offense involving subversive activity or an offense described in 18 
U.S.C. 1751 (except for military prisoners at the U.S. Disciplinary 
Barracks Cemetery).
    (i) A service member who dies while on active duty, if the first 
General Courts Martial Convening Authority in the service member's chain 
of command determines that there is clear and convincing evidence that 
the service member engaged in conduct that would have resulted in a 
separation or discharge not characterized as an honorable discharge 
(e.g., a separation or discharge under general but honorable conditions, 
other than honorable conditions, a bad conduct discharge, a dishonorable 
discharge, or a dismissal) being imposed, but for the death of the 
service member.
    (j) If animal remains are unintentionally commingled with human 
remains due to a natural disaster, unforeseen accident, act of war or 
terrorism, violent explosion, or similar incident, and such remains 
cannot be separated from the remains of an eligible person, then the 
remains may be interred or inurned with the eligible person, but the 
identity of the animal remains shall not be inscribed or identified on a 
niche, marker, headstone, or otherwise.



Sec.  553.47  Prohibition of interment, inurnment or memorialization in
an Army Cemetery of persons who have committed certain crimes.

    (a) Prohibition. Notwithstanding Sec. Sec.  553.43 through 553.45, 
and pursuant to 10 U.S.C. 985 and 38 U.S.C. 2411, the interment or 
inurnment in an Army Cemetery of any of the following persons is 
prohibited:
    (1) Any person identified in writing to the Executive Director by 
the Attorney General of the United States, prior to his or her interment 
or inurnment as a person who has been convicted of a Federal capital 
crime and whose conviction is final (other than a person whose sentence 
was commuted by the President).
    (2) Any person identified in writing to the Executive Director by an 
appropriate State official, prior to his or her interment or inurnment 
as a person who has been convicted of a State capital crime and whose 
conviction is final (other than a person whose sentence was commuted by 
the Governor of the State).
    (3) Any person found under procedures specified in Sec.  553.48 to 
have committed a Federal or State capital crime, but who has not been 
convicted of such crime by reason of such person not being available for 
trial due to death or flight to avoid prosecution. Notice from officials 
is not required for this prohibition to apply.
    (4) Any person identified in writing to the Executive Director by 
the Attorney General of the United States or by an appropriate State 
official, prior to his or her interment or inurnment as a person who has 
been convicted of a Federal or State crime causing the person to be a 
Tier III sex offender for purposes of the Sex Offender Registration and 
Notification Act, who for such crime is sentenced to a minimum of life 
imprisonment and whose conviction is final (other than a person whose 
sentence was commuted by the President or the Governor of a State, as 
the case may be).
    (b) Notice. The Executive Director is designated as the Secretary of 
the Army's representative authorized to receive from the appropriate 
Federal or State officials notification of conviction of capital crimes 
referred to in this section.
    (c) Confirmation of person's eligibility. (1) If notice has not been 
received, but the Executive Director has reason to believe that the 
person may have been convicted of a Federal capital crime or a State 
capital crime, the Executive Director shall seek written confirmation 
from:
    (i) The Attorney General of the United States, with respect to a 
suspected Federal capital crime; or
    (ii) An appropriate State official, with respect to a suspected 
State capital crime.

[[Page 253]]

    (2) The Executive Director will defer the decision on whether to 
inter, inurn, or memorialize a decedent until a written response is 
received.
    (d) Due diligence. Army Post Cemetery Superintendents and Commanders 
who have cemeteries for which they are responsible will make every 
effort to determine if the decedent is ineligible in accordance with 10 
U.S.C. 985 and 38 U.S.C. 2411. For those determined ineligible due to 
the provisions of these sections, commanders will submit their 
determinations in writing to the Executive Director for validation.



Sec.  553.48  Findings concerning the commission of certain crimes
where a person has not been convicted due to death or flight to avoid
prosecution.

    (a) Preliminary inquiry. If the Executive Director has reason to 
believe that a decedent may have committed a Federal capital crime or a 
State capital crime but has not been convicted of such crime by reason 
of such person not being available for trial due to death or flight to 
avoid prosecution, the Executive Director shall submit the issue to the 
Army General Counsel. The Army General Counsel or his or her designee 
shall initiate a preliminary inquiry seeking information from Federal, 
State, or local law enforcement officials, or other sources of 
potentially relevant information.
    (b) Decision after preliminary inquiry. If, after conducting the 
preliminary inquiry described in paragraph (a) of this section, the Army 
General Counsel or designee determines that credible evidence exists 
suggesting the decedent may have committed a Federal capital crime or 
State capital crime, then further proceedings under this section are 
warranted to determine whether the decedent committed such crime. 
Consequently the Army General Counsel or his or her designee shall 
present the personal representative with a written notification of such 
preliminary determination and a dated, written notice of the personal 
representative's procedural options.
    (c) Notice and procedural options. The notice of procedural options 
shall indicate that, within fifteen days, the personal representative 
may:
    (1) Request a hearing;
    (2) Withdraw the request for interment, inurnment, or 
memorialization; or
    (3) Do nothing, in which case the request for interment, inurnment, 
or memorialization will be considered to have been withdrawn.
    (d) Time computation. The fifteen-day time period begins on the 
calendar day immediately following the earlier of the day the notice of 
procedural options is delivered in person to the personal representative 
or is sent by U.S. registered mail or, if available, by electronic means 
to the personal representative. It ends at midnight on the fifteenth 
day. The period includes weekends and holidays.
    (e) Hearing. The purpose of the hearing is to allow the personal 
representative to present additional information regarding whether the 
decedent committed a Federal capital crime or a State capital crime. In 
lieu of making a personal appearance at the hearing, the personal 
representative may submit relevant documents for consideration.
    (1) If a hearing is requested, the Army General Counsel or his or 
her designee shall conduct the hearing.
    (2) The hearing shall be conducted in an informal manner.
    (3) The rules of evidence shall not apply.
    (4) The personal representative and witnesses may appear, at no 
expense to the Government, and shall, at the discretion of the hearing 
officer, testify under oath. Oaths must be administered by a person who 
possesses the legal authority to administer oaths.
    (5) The Army General Counsel or designee shall consider any and all 
relevant information obtained.
    (6) The hearing shall be appropriately recorded. Upon request, a 
copy of the record shall be provided to the personal representative.
    (f) Final determination. After considering the hearing officer's 
report, the opinion of the Army General Counsel or his or her designee, 
and any additional information submitted by the personal representative, 
the Secretary of the Army or his or her designee shall determine the 
decedent's eligibility for

[[Page 254]]

interment, inurnment, or memorialization. This determination is final 
and not appealable.
    (1) The determination shall be based on evidence that supports or 
undermines a conclusion that the decedent's actions satisfied the 
elements of the crime as established by the law of the jurisdiction in 
which the decedent would have been prosecuted.
    (2) If an affirmative defense is offered by the decedent's personal 
representative, a determination as to whether the defense was met shall 
be made according to the law of the jurisdiction in which the decedent 
would have been prosecuted.
    (3) Mitigating evidence shall not be considered.
    (4) The opinion of the local, State, or Federal prosecutor as to 
whether he or she would have brought charges against the decedent had 
the decedent been available is relevant but not binding and shall be 
given no more weight than other facts presented.
    (g) Notice of decision. The Executive Director shall provide written 
notification of the Secretary's decision to the personal representative.



Sec.  553.49  Exceptions to policies for interment or inurnment at
Army Post Cemeteries.

    (a) Requests for exceptions to policy will be made to the Executive 
Director, Army National Military Cemeteries.
    (b) Eligibility standards for interment and inurnment are based on 
honorable military service. Exceptions to the eligibility standards are 
rarely granted. When granted, exceptions are for those persons who have 
made significant contributions that directly and substantially benefited 
the U.S. military.
    (c) Requests for an exception to the interment or inurnment 
eligibility policies shall be considered only after the individual's 
death.
    (d) Procedures for submitting requests for exceptions to policy for 
interment and inurnment will be established by the Executive Director, 
Army National Military Cemeteries.

[[Page 255]]



                     SUBCHAPTER E_ORGANIZED RESERVES





PART 564_NATIONAL GUARD REGULATIONS--Table of Contents



                      Medical Attendance and Burial

Sec.
564.37 Medical care.
564.38 For whom authorized.
564.39 Medical care benefits.
564.40 Procedures for obtaining medical care.
564.41 Burial.

 Claims for Damages Involving the National Guard and Air National Guard

564.51 Purpose.
564.52 Statutory authority.
564.53 Definitions.
564.54 Claims payable.
564.55 Claims not payable.
564.56 Action by claimant.
564.57 Procedure.
564.58 Determination of amount allowable.

    Authority: Section 110, 70A Stat. 600; 32 U.S.C. 110.

                      Medical Attendance and Burial

    Source: Sections 564.37 through 564.41 appear at 44 FR 16385, Mar. 
19, 1979, unless otherwise noted.



Sec.  564.37  Medical care.

    (a) General. The definitions of medical care; policies outlining the 
manner, conditions, procedures, and eligibility for care; and the 
sources from which medical care is obtained are enumerated in AR 40-3.
    (b) Elective care. Elective care in civilian medical treatment 
facilities or by civilian medical and dental personnel is not 
authorized. The medical care authorized by this regulation is limited to 
that necessary for the treatment of the disease or injury incurred under 
the conditions outlined herein.
    (c) Prosthetic devices, prosthetic dental appliances, hearing aids, 
spectacles, orthopedic footwear, and orthopedic appliances. These items 
will be furnished--
    (1) By Army medical facilities. (i) When required in the course of 
treatment of a disease or injury contracted or incurred in line of duty.
    (ii) When required to replace items that have been lost, damaged, or 
destroyed while engaged in training under sections 502-505 of title 32, 
U.S.C., not the result of negligence or misconduct of the individual 
concerned.
    (2) By civilian sources. (i) Under the circumstances enumerated in 
paragraph (c)(1)(i) of this section, after approval of the United States 
Property and Fiscal Officer's (USPFO) of the respective States.
    (ii) Under the circumstances enumerated in paragraph (c)(1)(ii) of 
this section, in the case of prosthetic devices, prosthetic dental 
appliances, hearing aids, orthopedic footwear, and orthopedic appliances 
when the unit commander determines that:
    (A) Member is far removed from a Federal medical treatment facility.
    (B) Lack of such device would interfere with the individual's 
performance of duty as a member of the ARNG.
    (C) Approval must be obtained from the USPFO's of the respective 
States prior to replacement.
    (iii) Under the circumstances enumerated in paragraph (c)(1)(ii) of 
this section, in the case of spectacles upon a determination by the unit 
commander that:
    (A) The member is far removed from military medical treatment 
facility.
    (B) The member has no other serviceable spectacles.
    (C) Lack of a suitable pair of spectacles would interfere with the 
member's performance of duty as a member of the ARNG.
    (D) Charges for replacement of spectacles will not exceed the rates 
stated in AR 40-330. Charges for replacement or repair by civilian 
sources over and above the allowable rates will be paid from the 
individual's personal funds.
    (E) In cases covered by paragraphs (c)(2) (ii) and (iii) of this 
section, the unit commander will furnish a statement to support the 
voucher as follows:

    Statement

    Name____________, Rank____________, SSN____________, 
________________________, ____________, while engaged in training under 
section *(502 *(503) *(504) *(505) of title 32, United States Code 
sustained the *(loss) *(damage) *(destruction) of his/her spectacles

[[Page 256]]

________________________, description of loss, damage or destruction 
(type of lens and frames) not the result of misconduct or negligence on 
his/her part. The *(repair) *(replacement) would interfere with his/her 
performance of duty as a member of the Army National Guard. 
Date,____________, signature of unit commander____________.

    *Indicate applicable portions.

    (F) Approval must be obtained from the USPFO of the respective State 
prior to repair or replacement of spectacles.

(32 U.S.C. 318-320 and 502-505)



Sec.  564.38  For whom authorized.

    (a) In line of duty. Medical care is authorized for members who 
incur a disease or injury in line of duty under the following 
circumstances:
    (1) When a disease is contracted or injury is incurred while enroute 
to, from, or during any type of training or duty under sections 503, 
504, 505, and for Guardmembers on orders for over 30 days performing 
duty under section 502f of title 32, U.S.C. Such training includes, but 
is not limited to annual training, maneuvers and field exercises, 
service schools, small arms meets, and FTTD under aforementioned 
sections.
    (2) When an injury is incurred while engaged in any type of training 
under section 502 of title 32, U.S.C. Such training includes, but is not 
limited to, unit training assembly, multiple unit training assembly, and 
training in aerial flight, other than FTTD under 502f.
    (3) While not on duty and while voluntarily participating in aerial 
flights in Government-owned aircraft under proper authority and incident 
to training. Guardmembers are authorized medical and dental care 
required as the result of an injury incurred in line of duty.
    (4) Medical care is not authorized at Army expense for members who 
incur an injury while enroute to or from any type of training under 
section 502, except for Guardmembers ordered to perform duty for over 30 
days under section 502f of title 32, U.S.C. Line of duty investigations 
and authorization for any medical treatment for conditions incurred 
while the members were performing Reserve Enlistment Program of 1963 
(REP 63) training in a Federal status, or training under title 10, 
U.S.C. are the responsibility of the Army Area commander under whose 
jurisdiction the member was training, even though the individual may 
have returned to his/her National Guard status.
    (b) Not in line of duty. Members who incur an injury or contract a 
disease during any type of training or duty under sections 502f, 503, 
504, or 505 of title 32, U.S.C., when it is determined to be not in line 
of duty, may be furnished medical care at Army expense during the period 
of training.
    (c) Armory drill status. Members who incur an injury while in an 
armory drill status under section 502 of title 32, U.S.C., when it is 
determined to be not in line of duty, may not be furnished medical care 
at Army expense.

(32 U.S.C. 318-320 and 502-505)



Sec.  564.39  Medical care benefits.

    (a) A member of the ARNG who incurs a disease or injury under the 
conditions enumerated herein is entitled to medical care, in a hospital 
or at his/her home, appropriate for the treatment of his/her disease or 
injury until the resulting disability cannot be materially improved by 
further medical care.
    (b) If it is determined that the disease or injury was directly 
related to authorized activities surrounding the care of the original 
disease or injury, medical care may be continued in the same manner as 
if it had occurred during the training period.
    (c) When members who incur a disease or an injury during a period of 
training or duty under title 32, U.S.C. 503, 504, 505, or 502f are 
admitted to an Army medical treatment facility, and it appears that a 
finding of ``not in line of duty'' may be appropriate, a formal line of 
duty investigation should be promptly conducted, and a copy of the 
report furnished the treatment facility. If these findings result in a 
``not in line of duty'' determination prior to the date the training is 
terminated, every effort should be made to assist the hospital concerned 
in disposing of the patient from the hospital by the date the training 
is terminated or as soon thereafter as he/she becomes transportable. 
Medical care furnished such member

[[Page 257]]

after the termination of the period of training is not authorized at 
Army expense unless the ``not in line of duty'' determination is 
ultimately reversed. The individual may be furnished medical care at 
Army expense from the date the training is terminated to the date the 
member receives notification of this action. Medical care received 
subsequent to the member's receipt of such notification is not 
authorized at Army expense. In the event a line of duty investigation 
has not been made by the date the training is terminated, every effort 
will be made to arrive at a determination as soon thereafter as 
possible.

(32 U.S.C. 318-320 and 502-505)



Sec.  564.40  Procedures for obtaining medical care.

    (a) When a member of the ARNG incurs a disease or an injury, while 
performing training duty under sections 502-505 of title 32, U.S.C., he/
she will, without delay, report the fact to his/her unit commander. Each 
member will be informed that it is his/her responsibility to comply with 
these instructions, and that failure to promptly report the occurrence 
of a disease or injury may result in the loss of medical benefits.
    (b) Authorization for care in civilian facility. (1) An individual 
who desires medical or dental care in civilian medical treatment 
facilities at Federal expense is not authorized such care without 
written or verbal authorization by the Chief, National Guard Bureau or 
his/her designee, except in an emergency.
    (2) When medical care is obtained without prior authorization, the 
details will be submitted to NGB-ARS as soon as practicable. The 
notification of medical care will be made following the format in the 
appendix. The notification will be reviewed by NGB-ARS and replied to as 
deemed appropriate.
    (c) Status while undergoing hospitalization. The ARNG status of an 
individual is not affected by virtue of his hospitalization. The 
provisions of AR 135-200 will apply. Determination of requirement for 
continued hospitalization will be made by the MTF commander. Paragraph 
(d) of this section will apply when a final ``not in line of duty'' 
determination has been made. Under no condition will an individual be 
assigned to the medical holding unit of a hospital.
    (d) Disposition of hospitalized cases. When it is determined that a 
hospitalized ARNG member has obtained the maximum benefits from 
hospitalization and there is no disability remaining from the condition 
for which hospitalized, he/she will be returned to his/her duty station 
or, if none, to his/her home of record at the time of entry into the 
hospital.

                                Appendix

                         notification of injury

    Date ____________

SUBJECT: Notification of Medical Care and/or Hospitalized Beyond the End 
of Training Periods.

THRU: The Adjutant General State of ________.
TO: NGB-ARS, Washington, DC 20310.

    In accordance with paragraph 8, NGR 40-3, notification of medical 
care is furnished below:
Name:___________________________________________________________________
SSN:____________________________________________________________________
Grade:__________________________________________________________________
Parent unit and station:________________________________________________
Type and inclusive dates of training:___________________________________
Date and place of incident:_____________________________________________
Diagnosis:______________________________________________________________
LOD status:_____________________________________________________________
Name and distance of nearest Federal medical facility:__________________
Name and address of medical facilities utilized:________________________
Estimated cost and duration of treatment:_______________________________
Summary of incident:____________________________________________________
________________________________________________________________________

(32 U.S.C. 318-320 and 502-505)



Sec.  564.41  Burial.

    (a) Purpose. The purpose of this section is to provide policies and 
designate responsibilities for the care and disposition of remains of 
members of the Army National Guard entitled to burial at Federal 
expense.
    (b) Authority. Act of 10 August 1956 (70A Stat. 112) as amended, 
title 10 U.S.C., sections 1481 through 1488, applicable to military 
personnel and their dependents.
    (c) Policy. The provisions of AR 638-40 are applicable to battalion 
and higher level units of the Army National Guard, except as modified 
herein.

[[Page 258]]

    (d) Responsibilities. (1) The Chief, National Guard Bureau is 
responsible for prescribing procedures for the care and disposition of 
remains of members of the ARNG who die while--
    (i) Performing full-time training at other than an Active Army 
installation under sections 316, 502, 503, 504, and 505, title 32, 
U.S.C.
    (ii) Performing authorized travel to or from training outlined in 
paragraph (d)(1)(i) of this section.
    (iii) Being hospitalized or undergoing treatment at Government 
expense for an injury incurred or disease contracted while performing 
duty indicated in paragraphs (d)(1) (i) and (ii) of this section.
    (iv) Performing inactive duty training (IDT) under section 502, 
title 32, U.S.C. (It is to be noted that present law does not provide 
for payment of burial expenses from Federal funds for ARNG personnel 
killed while traveling to or from IDT.)
    (2) Active Army installations are responsible for the care and 
disposition of remains of members of the National Guard who die while--
    (i) Performing active duty for training under title 10 and training 
or other full-time training duty at an Active Army installation under 
sections 502, 503, 504, and 505, title 32, U.S.C.
    (ii) Performing authorized travel to or from training specified in 
paragraph (d)(2)(i) of this section.
    (iii) Being hospitalized or receiving treatment at Government 
expense as a result of injury incurred or disease contracted while 
performing duty indicated in paragraphs (d)(2) (i) and (ii) of this 
section.
    (3) State adjutants general are responsible for notification of 
death in accordance with chapter 10, AR 600-10.
    (e) Limitation of burial expense. Payment of burial expenses is 
limited to an amount not exceeding that allowed by the Government for 
such services and in no circumstances may payment exceed the amount 
actually expended. The amount allowed when relatives incur the expenses 
will be in accordance with the following limitation:
    (1) If death occurs where a properly approved Contract for Care of 
Remains is in force (Army, Navy, or Air Force contracts), the amount to 
be allowed for each item will not exceed the amount allowable under such 
contract.
    (2) If death occurs where no contract is in force, reimbursement for 
items or services, including preparation and casketing will be limited 
to the stipulated amount included in chapter 4, AR 638-40.
    (3) Reimbursement for transportation will be limited to the amount 
for which the Government could have obtained required common carrier 
transportation plus the change made for hearse servce from the common 
carrier terminal to the first place of delivery.
    (4) Reimbursement for interment expenses is limited to the amounts 
provided in chapter 13, AR 638-40.
    (f) Accountability for clothing. (1) If in a serviceable condition, 
the uniform in possession of the deceased will be used and 
accountability dropped in accordance with NGR 710-2.
    (2) If a serviceable uniform is not in possession of the deceased, a 
request for issue of required items will be prepared. Accountability and 
responsibility for items issued will be terminated by the responsible 
officer upon execution of a statement on DA Form 3078 or 3345, 
substantially as follows:

    The items of clothing enumerated above were issued to clothe the 
remains of __________ for funeral purposes. At the time of his/her 
death, the deceased was a member in good standing in this organization.

    (g) ARNG personnel serving in a nonpay status. In accordance with 
title 32, U.S.C. section 503, a member may, with his/her consent, either 
with or without pay, be ordered to perform training or other duty in 
addition to that prescribed under title 32, U.S.C. section 502(a). Duty 
without pay will be considered for all purposes as if it were duty with 
pay.

[44 FR 18489, Mar. 28, 1979]

 Claims for Damages Involving the National Guard and Air National Guard

    Source: Sections 564.51 through 564.58 appear at 19 FR 5168, Aug. 
17, 1954, unless otherwise noted. Redesignated at 26 FR 12767, Dec. 30, 
1961.

[[Page 259]]



Sec.  564.51  Purpose.

    Sections 564.51 to 564.58 are published for the information and 
guidance of all concerned to implement the statutory authority by 
defining the claims payable thereunder and the procedure for 
establishing, determining, and settling such claims. They provide the 
exclusive authorization and procedure for the determination and 
settlement of claims within the following statutory authority.



Sec.  564.52  Statutory authority.

    (a) Limited authority for the payment of claims arising out of 
National Guard and Air National Guard activities has been granted 
annually for several years by provisions of the annual Appropriations 
Act for the Department of Defense. A recent provision is as follows:

    The following sums are appropriated, * * * For payment of * * *; 
claims (not to exceed $1,000 in any one case) for damages to or loss of 
private property incident to the operation of Army and Air National 
Guard camps of instruction, either during the stay of units of said 
organizations at such camps or while en route thereto or therefrom; * * 
* (Act of August 1, 1953, Public Law 179, 83d Cong.).

    (b) In accordance with general principles of law, the National Guard 
and the Air National Guard when not in Federal service are not agencies 
of the United States, and the United States is not liable for injury or 
damage arising from their activities. Thus, claims for such injury or 
damage are not cognizable under the Federal Tort Claims Act, as revised 
and codified (62 Stat. 982, 28 U.S.C. 3671-80). By the statutory 
provisions referred to in paragraph (a) of this section, the United 
States assumes an obligation to settle administratively limited classes 
of claims relating to activities of the National Guard and the Air 
National Guard.



Sec.  564.53  Definitions.

    As used in Sec. Sec.  564.51 to 564.58, the following terms shall 
have the meaning hereinafter set forth:
    (a) Claim. A written demand for payment in money.
    (b) Private property. Real or personal property, excluding property 
owned by any government entity, Federal, State, city, county, or town, 
and excluding stocks, bonds, chose in action, debts, and insurance 
policies.
    (c) Camps of instruction. Regularly scheduled training for units in 
organized camps, or bivouacs and maneuvers away from such camps 
constituting part of such training.
    (d) While en route thereto or therefrom. The period of time during 
which a unit as distinguished from its individual members if travelling 
from its rendezvous to a camp of instruction or return, or from the camp 
of instruction or on a regularly scheduled maneuver and return thereto, 
and the routes followed by the unit. The term does not include the 
movement of individuals.
    (e) Proximate cause. No precise definition of this term can be 
given. Whether acts or omissions of personnel constitute proximate cause 
must be determined in accordance with the local law. In general, an act 
or omission may be said to have been a proximate cause of the accident 
or incident if it was one of the impelling forces resulting in the 
accident or incident. For example, in a rear-end collision, the failure 
of the driver of the following car to stop in time is said to be the 
proximate cause of the accident. But, if the driver of the leading car 
stopped so suddenly and without warning that the second car, using the 
utmost diligence, could not have stopped, the conduct of the driver of 
the leading car would be said to have been the proximate cause of the 
accident. An act or omission without the existence of which the accident 
or incident would not have occurred but which cannot be said to have 
brought it about is a condition and would not constitute a basis for 
liability, or, if committed by the claimant, would not constitute a 
basis for denial of his claim. For example, violations of statutes or 
ordinances providing standards of safety may be negligence in 
themselves, but may not constitute the bases of liability or for denial 
of a claim.
    (f) Scope of employment. Scope of employment is determined in 
accordance with the law of the place where the accident or incident 
occurred, except that statutes in derogation of the common law, such as 
statutes creating a presumption that an employee is in

[[Page 260]]

scope of employment if using the employer's car with permission, are not 
controlling. An act or omission is within the scope of employment if 
such activity is expressly or impliedly directed or authorized by 
competent authority or is at least in part intended to further the 
mission of the unit or organization, or the interests of the National 
Guard or the Air National Guard. In determining whether an act or 
omission was within the scope of employment, consideration must be given 
to all the attendant facts and circumstances, including the time, place, 
and purpose thereof; whether it was in furtherance of the omission of 
the unit of the National Guard or Air National Guard; whether it was 
usual for or reasonably to be expected of personnel of the 
classification and grade involved; and whether the instrumentality 
causing the damage or injury resulted was property of the National Guard 
or Air National Guard, or of a State or the Federal Government being 
used by the National Guard or Air National Guard.



Sec.  564.54  Claims payable.

    Claims for damage to or loss of private property proximately 
resulting from authorized activities incident to the operation of camps 
of instruction, including maneuvers, field exercises, training of units 
and personnel, movement of vehicles, operation of aircraft, maintenance 
and support of units and personnel, tortious acts or omissions of 
military personnel or civilian employees of the National Guard or Air 
National Guard in the scope of employment, and claims arising under a 
contract, executed incident to camps of instruction, even though legally 
enforceable under the express terms of the contract and no other, are 
payable under Sec. Sec.  564.51 to 564.58.



Sec.  564.55  Claims not payable.

    (a) Contributory negligence. Negligence or wrongful act of the 
claimant or of his agent or employee, a proximate cause of the accident 
or incident, bars a claim. The law of the place where the accident or 
incident occurred will be followed in determining whether contributory 
negligence is present but the doctrine of comparative negligence will 
not be applied.
    (b) Personal injury. Claims for personal injury are not cognizable 
under the act of Sec. Sec.  564.51 to 564.58.
    (c) Use and occupancy. Claims for use and occupancy, payment of 
which is governed by the terms of a lease or contract, are not 
cognizable under Sec. Sec.  564.51 to 564.58.



Sec.  564.56  Action by claimant.

    (a) Who may present a claim. A claim for damage to or loss of 
private property may be presented by the owner, or his agent or legal 
representative. The word ``owner'', as so used, includes bailees, 
lessees, mortgagors, conditional vendors, and subrogees, but does not 
include mortgagees, conditional vendors, and others having title for 
purposes of security only. If filed by an agent or legal representative, 
the claim should be filed in the name of the owner, signed by such agent 
or legal representative, showing the title or capacity of the person 
signing, and be accompanied by evidence of the appointment of such 
person as agent, executor, administrator, guardian, or other fiduciary. 
If filed by a corporation the claim should show the title or capacity of 
the officer signing it and be accompanied by evidence of his authority 
to act. In case of the death of the proper claimant, if it appears that 
no legal representative has been or will be appointed, the claim may be 
presented by any person who, by reason of the family relationship, has 
in fact incurred the expense for which the claim is made.
    (b) Form of claim. A claim shall be submitted in the form of a 
statement signed by the claimant, setting forth his address, and stating 
briefly all the facts and circumstances relating to the damage for which 
compensation is claimed, including a description of the property, 
evidence of its value, the nature and extent of the damage, the date and 
place such damage was incurred, the agency by which it was caused, if 
known, and the amount. Standard Form 95 (Claim for Damage or Injury), 
appropriately modified by deleting references to ``injury'' and 
``personal injury,'' may be used for this purpose. The claim and all 
papers accompanying it which are signed by the claimant should bear like 
signatures.

[[Page 261]]

    (c) Time within which claim must be presented. A claim cognizable 
under Sec. Sec.  564.51 to 564.58 must be submitted within two years of 
the date of occurrence of the accident or incident.
    (d) Place of filing. A claim cognizable under Sec. Sec.  564.51 to 
564.58 must be presented in writing to the adjutant general, or his duly 
authorized representative, of the State, Territory, Commonwealth, or 
District of Columbia, having jurisdiction over the personnel or unit 
involved in the accident or incident out of which the claim arose, or to 
the office of the Chief, National Guard Bureau, The Pentagon, 
Washington, DC 20310.
    (e) Evidence to be submitted by claimant--(1) General. A claim for 
damage to or loss of private property must be specific and substantiated 
by evidence of the damage or loss. A mere statement that such property 
was damaged or lost and that a certain amount is a fair compensation 
therefor is not sufficient to support a claim.
    (2) Motor vehicles, buildings, fences, and other structures. The 
claimant must submit, if repairs or replacement has been effected, 
itemized bills therefor, signed and certified as just and correct by the 
repairman or suppliers, together with evidence of payment thereof, if 
made; if repairs or replacement has not been effected, an estimate of 
the cost thereof signed by a person competent to effect such repairs or 
replacement.
    (3) Crops, trees, land, and other realty. The claimant must submit 
an itemized signed estimate of the cost of repairs or restoration of the 
property, supported by evidence of the number of acres of land, crops, 
or trees involved, the normal yield per acre and the market value of the 
property per unit of measure common to the property damaged, or the 
estimated length of time the land will be unfit for grazing, the normal 
rental value per acre of similar land in the vicinity, and such other 
information as may be necessary.
    (4) Contracts. A copy of the contract, or competent evidence of the 
provisions thereof, will be furnished by the claimant in support of a 
claim cognizable under Sec.  564.54.
    (5) Additional evidence. The claims officer, the interested State 
adjutant general, or the Chief National Guard Bureau, may require the 
claimant to submit such additional evidences as he deems necessary to 
substantiate the claim, including, without limiting the generality of 
the foregoing, estimates of cost, of repairs from repairman other than 
those whose estimates the claimant has submitted with the claim and 
evidence of ownership of or interest in the property.



Sec.  564.57  Procedure.

    Responsibility for the investigation of claims cognizable under 
Sec. Sec.  564.51 to 564.68 and of accidents or incidents which may give 
rise to such claims rests in the adjutants general of the several 
States. Accordingly, claims received by the National Guard Bureau, or 
other agencies of the United States, will be referred to the adjutants 
general of the interested States. Regulations promulgated by the State 
adjutants general should require the prompt investigation of all 
accidents or incidents which might result in claims cognizable 
hereunder, whether or not claims have been filed.



Sec.  564.58  Determination of amount allowable.

    (a) The maximum amount which may be allowed is the value of the 
property immediately prior to the accident or incident. Subject to the 
foregoing, the amount allowable is the cost, incurred or estimated to be 
incurred, of replacing the property, or of restoring it to the condition 
in which it was immediately prior to the accident or incident. However, 
if as the result of the repairs effected, the value of the property is 
appreciably enhanced, a sum equal to the increase in value will be 
deducted from the cost of restoring the property in determining the 
amount allowed. Conversely, if after the repairs have been effected, the 
value of the property is appreciably less than that prior to the 
accident or incident, the difference in value will be added to the cost 
of repairs in determining the amount allowed. However, no award in 
excess of the amount claimed may be made.
    (b) In determining the amount allowable for repairs, the permanency 
of parts replaced will be considered and deductions made for 
depreciation as

[[Page 262]]

appropriated. Thus, an automobile tire is not expected to last through 
the life of a vehicle so that when a tire three-fourths worn is replaced 
with a new tire, the amount allowable is one-fourth of the cost of the 
new tire. The same principle applies to batteries and other items of 
equipment or accessories during relatively short wearout periods. 
However, no allowance for depreciation is made in replacing parts, such 
as fenders, bumpers, radiators, which normally would last through the 
life of the vehicle.
    (c) Deprivation of use of property (including motor vehicles) is 
allowable as an item of damages, but only in those cases where the 
claimant has sustained legally provable damages. Towing charges are also 
allowable items of damage. However, interest, cost of preparation of 
claim and of securing supporting evidence, inconvenience, and similar 
items are not property allowable items of damage.

[[Page 263]]



                         SUBCHAPTER F_PERSONNEL





PART 581_PERSONNEL REVIEW BOARD--Table of Contents



Sec.
581.1 Army Disability Review Board.
581.2 Army Discharge Review Board.
581.3 Army Board for Correction of Military Records.

    Authority: 10 U.S.C. 1552, 1553, 1554, 3013, 3014, 3016; 38 U.S.C. 
3103(a).



Sec.  581.1  Army Disability Review Board.

    (a) General provisions--(1) Constitution, purpose, and jurisdiction 
of review board. (i) The Army Disability Review Board (called the review 
board in this section) is an administrative agency created within the 
Department of the Army under authority of section 302, title I, Act of 
June 22, 1944 (58 Stat. 284), as amended by section 4, Act of December 
28, 1945 (59 Stat. 623), to review, at the request of any officer 
retired or released from active service, without pay, for physical 
disability pursuant to the decision of a retiring board or disposition 
board, the findings and decisions of such board. The review board is 
charged with the duty, in cases within its jurisdiction, of ascertaining 
whether an applicant for review who was separated from the service or 
released to inactive service, without pay, for physical disability, 
incurred such physical disability in line of duty or as an incident of 
the service. When the review board determines in an individual case 
within its jurisdiction that physical disability was so incurred, it is 
authorized in the manner prescribed by this memorandum, to reverse prior 
findings in such regard and to make such findings in lieu thereof as are 
warranted by the evidence or pertinent regulations. Such remedial action 
is intended primarily to insure that no officer separated from the 
service or returned to an inactive status without pay, for disability, 
shall be deprived unjustly of retirement pay benefits, or retired status 
and retired pay, as the case may be, by reason of erroneous findings.
    (ii) The class of officers whose cases are reviewable shall include 
officers of the Army of the United States, other than officers of the 
Regular Army, who were discharged or released to inactive service under 
the conditions prescribed in paragraph (a)(1)(i) of this section; and 
former officers of the Regular Army who were wholly retired under 
section 1252, Revised Statutes.
    (iii) The review board is authorized, upon timely application 
therefor, to review the proceedings and findings of boards referred to 
in paragraph (a)(1)(i) of this section; and to receive additional 
evidence bearing on the causes and service-connection of disabilities in 
the cases of officers referred to in paragraph (a)(1)(ii) of this 
section, whose cases were the subject of findings by a retiring or 
disposition board, and who were separated from the service or released 
to inactive service, without pay, by reason of physical disability, 
whether denial of retirement or retirement pay benefits, as the case may 
be, was pursuant to the adverse findings of a board, or was pursuant to 
administrative action in a case where there was favorable action by a 
board.
    (iv) In carrying out its duties under this memorandum such review 
board shall have the same powers as exercised by, or vested in, the 
board whose findings and decisions are being reviewed.
    (2) Application for review. (i) Any officer desiring a review of his 
case will make a written application therefor on WD AGO Form 0258 
(Application for Review of Army Retiring Board Proceedings) which may be 
obtained from The Adjutant General, Washington, DC 20310, Attention: 
AGPO-S-D.
    (ii) No application for review will be granted unless received by 
the Department of the Army within 15 years after the date on which such 
officer was separated from the service or released to inactive service, 
without pay, for physical disability, or within 15 years after June 22, 
1944, whichever date is the later.
    (iii) The Adjutant General, upon receipt of an application for 
review, will note thereon the time of receipt thereof and will, in cases 
where the jurisdiction for review by the review board is established, 
assemble the originals or

[[Page 264]]

certified copies of all available Department of the Army and/or other 
record pertaining to the health and physical condition of the applicant, 
including the record of the proceedings and findings of all retiring and 
disposition boards in question and the records of all administration 
and/or executive action taken thereon. Such records, together with the 
application and any supporting documents submitted therewith, will be 
transmitted to the president of the review board.
    (3) Changes in procedure of review board. The review board may 
initiate recommendation for such changes in procedures as established 
herein as may be deemed necessary for the proper functioning of the 
review board. Such changes will be subject to the approval of the 
Secretary of the Army.
    (b) Proceedings of review board--(1) Convening of review board. (i) 
The review board will be convened at the call of its president and will 
recess or adjourn at his order. In the event of the absence or 
incapacity of the president, the next senior member will serve as acting 
president for all purposes.
    (ii) Unless otherwise directed by its president, the review board 
will convene in Washington, DC, at the time and place indicated by him.
    (iii) The review board will assemble in open session for the 
consideration and determination of cases presented to it. After the 
conclusion of such hearing, the review board will as soon as practicable 
thereafter convene in closed session for determination.
    (2) Hearings. (i) An applicant for review, upon request, is entitled 
by law to appear before the review board in open session either in 
person or by counsel of his own selection. Witnesses shall be permitted 
to present testimony either in person or by affidavit. As used in the 
regulations in this part the term ``counsel'' shall be construed to 
include members of the Federal bar, the bar of any state, accredited 
representatives of veterans' organizations recognized by the Veterans' 
Administration under section 200 of the Act of June 29, 1936 (49 Stat. 
2031), and such other persons who, in the opinion of the review board, 
are considered to be competent to present equitably and comprehensively 
the claim of the applicant for review. In no case will the expenses or 
compensation of counsel for the applicant be paid by the Government.
    (ii) In every case in which a hearing is authorized, the secretary 
will transmit to the applicant and to designated counsel for the 
applicant, if any, a written notice by registered mail stating the time 
and place of hearing. Such notice shall be mailed at least 30 days in 
advance of the date on which the case is set for hearing except in cases 
in which the applicant waives the right of personal appearance and/or 
representation by counsel. Such notice shall constitute compliance with 
the requirement of notice to applicant and his counsel. The record shall 
contain the certificate of the secretary that written notice was given 
applicant and his counsel, if any, and the time and manner thereof.
    (iii) An applicant who requests a hearing and who, after being duly 
notified of the time and place of hearing, fails to appear at the 
appointed time, either in person or by counsel, or, in writing, waives 
his right to appear, thereby waives such right.
    (iv) In the conduct of its inquiries, the review board shall not be 
limited by the restrictions of common law rules of evidence.
    (v) In the case wherein it is advisable and practicable, the review 
board may, at the request of the examiner, or upon its own motion, 
request The Surgeon General to detail one or more medical officers to 
make physical examination of the applicant, if available, and report 
their findings resulting from such examination with respect to the 
matters at issue, either in person or by affidavit. When testifying in 
person at a hearing, such medical witnesses will be subject to cross-
examination. Similarly the medical members of the board may examine the 
applicant, if available, and testify as witnesses concerning the results 
of such examination.
    (vi) Expenses incurred by the applicant, his witnesses, or in the 
procurement of their testimony, whether in person, by affidavit or by 
deposition will not be paid by the Government.

[[Page 265]]

    (3) Continuances. The review board may continue a hearing on its own 
motion. A request for continuance by the examiner or by or on behalf of 
the applicant may be granted, if in the board's discretion, a 
continuance appears necessary to insure a full and fair hearing.
    (c) Findings, conclusions, and directions--(1) Findings, 
conclusions, and directions of review board. (i) The review board will 
make written findings in closed session in each case. Such findings will 
include:
    (a) Statement of complete findings of the retiring or disposition 
board and of administrative action subsequent thereto in the proceedings 
under review;
    (b) A finding affirming or reversing the findings of such retiring 
or disposition board or such administrative action, specifying which of 
the findings or administrative actions are affirmed and which are 
reversed.
    (ii) In the event the review board reverses any of such original 
findings or administrative actions, the review board will then make 
complete findings which shall include the affirmed findings of the 
original board or of administrative action subsequent thereto. Such 
complete findings shall include the following:
    (a) Whether the applicant was permanently incapacitated for active 
service at the time of his separation from the service or release to 
inactive service.
    (b) The cause or causes of the incapacity.
    (c) The approximate date of origin of each incapacitating defect.
    (d) The date officer became incapacitated for active service.
    (e) Whether the cause or causes of the incapacity was or was not an 
incident of service.
    (f) Whether the cause or causes of the incapacity had been 
permanently aggravated by military service.
    (g) Whether such incapacity for active service was or was not the 
result of an incident of service.
    (h) Whether the officer's incapacity was or was not incurred in 
combat with an enemy of the United States or whether it did or did not 
result from an explosion of an instrumentality of war in line of duty.
    (iii) In the event the review board finds the officer permanently 
incapacitated for active service and that the incapacity was an incident 
of service, it will make an additional finding specifying the grade in 
which the officer is entitled to be retired or to be certified for 
retirement pay benefits.
    (iv) The findings, conclusions, and directions of a majority of the 
review board shall constitute the findings, conclusions, and directions 
of the review board, and when made, will be signed by each member of the 
review board who concurs therein, filed, and authenticated by the 
secretary.
    (d) Disposition of and action upon proceedings--(1) Record of 
proceedings. (i) When the review board has concluded its proceedings in 
any case, the secretary will prepare a complete record thereof. Such 
record shall include the application for review; a transcript of the 
hearing if any; affidavits, papers and documents considered by the 
review board; all briefs and written arguments filed in the case; the 
report of the examiner; the findings, conclusions, and directions of the 
review board; any minority report prepared by dissenting members of the 
review board; and all other papers and documents necessary to reflect a 
true and complete history of the proceedings. The record so prepared 
will be signed by the president of the review board and authenticated by 
its secretary as being true and complete. In the event of the absence or 
incapacity of the secretary, the record may be authenticated by a second 
participating member of the review board.
    (ii) All records of proceedings of the review board shall be 
confidential, except that upon written request from the applicant, his 
guardian or legal representative, The Adjutant General will furnish a 
copy of the proceedings of the review board, less any exhibits which it 
may be found impracticable to reproduce out which will include:
    (a) A copy of the order appointing the board.
    (b) The findings of the Army retiring board affirmed.
    (c) The findings of the Army retiring board reversed.
    (d) The findings of the review board.

[[Page 266]]

    (e) The conclusions which were made by the review board.
    (f) The directions of the Secretary of the Army.

If it should appear that furnishing such information would prove 
injurious to the physical or mental health of the applicant, such 
information will be furnished only to the guardian or legal 
representative of the applicant. The Adjutant General, subject to the 
foregoing restrictions, will make available for inspection, upon request 
of the applicant, his guardian or legal representative, a record of the 
proceedings of any case reviewed by the review board, but copies of the 
proceedings of any case heard prior to January 4, 1946, will not be 
furnished if such copies are not readily available.
    (2) Final action by review board. When the review board has 
completed the proceedings and has arrived at its decision, the 
proceedings, together with the review board's decision, will be 
transmitted to The Adjutant General for appropriate Department of the 
Army action. The Adjutant General, in the name of the President of the 
United States, will indicate on the record of such proceedings and 
decision the President's approval or disapproval of the action of the 
review board, and will perform such administerial acts as may be 
necessary and thereafter will notify the applicant and/or his counsel of 
the action taken. Written notice, specifying the action taken and the 
date thereof, will be transmitted by The Adjutant General to the 
president of the review board to be filed by the secretary as a part of 
the records of the board pertaining to each case.
    (e) Rehearings--(1) Policy on the granting of rehearings. After the 
review board has reviewed a case and its findings and decision have been 
approved, the case will normally not be reconsidered except on the basis 
of new, pertinent, and material evidence, which if previously considered 
could reasonably be expected to have caused findings and a decision 
other than those rendered as the result of the original review. An 
application for rehearing must be made within a reasonable time after 
the discovery of the new evidence, mentioned in this subparagraph, and 
the request for rehearing must be accompanied by such new evidence and 
by a showing that the applicant was duly diligent in attempting to 
secure all available evidence for presentation to the review board when 
his case was previously reviewed and that the reason for the delay in 
discovering such new evidence was not due to fault or neglect on the 
part of the applicant.
    (2) Application for rehearing. Any officer desiring a rehearing of 
his case will make a written application therefor on WD AGO Form 0413 
(Application for Review of Findings of the Army Disability Review Board) 
which may be obtained from The Adjutant General, Washington, DC 20310, 
Attention: AGPO-S-D.

[13 FR 6805, Nov. 19, 1948, as amended at 19 FR 6706, Oct. 19, 1954]



Sec.  581.2  Army Discharge Review Board.

    (a) Purpose. This regulation implements 10 U.S.C. 1553, Pub. L. 95-
126, and DOD Directive 1332.28 (app. A).
    (b) Explanation of terms--(1) Legal consultant of the Army Discharge 
Review Board (ADRB). An officer of The Judge Advocate General's Corps 
assigned to the ADRB to provide opinions and guidance on legal matters 
relating to ADRB functions.
    (2) Medical consultant of the ADRB. An officer of the Army Medical 
Corps assigned to the ADRB to provide opinions and guidance on medical 
matters relating to ADRB functions.
    (3) Video tape hearing. A hearing conducted by an ADRB hearing 
examiner at which an applicant is given the opportunity to present his/
her appeal to the hearing examiner, with the entire presentation, 
including cross-examination by the hearing examiner, recorded on video 
tape. This video tape presentation is later displayed to a full ADRB 
panel. Video tape hearings will be conducted only with the consent of 
the applicant and with the concurrence of the President of the ADRB.
    (c) Composition and responsibilities--(1) Authority. The ADRB is 
established under Pub. L. 95-126 and 10 U.S.C. 1553 and is responsible 
for the implementation of the Discharge Review Board (DRB) procedures 
and standards within DA.

[[Page 267]]

    (2) The ADRB president. The president is designated by the Secretary 
of the Army (SA). The President--
    (i) Is responsible for the operation of the ADRB.
    (ii) Prescribes the operating procedures of the ADRB.
    (iii) Designates officers to sit on panels.
    (iv) Schedules panels to hear discharge review appeals.
    (v) Monitors the DOD directed responsibilities of the SA on service 
discharge review matters for the DOD.
    (3) ADRB panels and members. The ADRB will have one or more panels. 
Each panel, when in deliberation, will consist of five officers. The 
senior officer (or as designated by the president ADRB) will act as the 
presiding officer.
    (4) Secretary Recorder (SR) Branch. The Chief, SR--
    (i) Ensures the efficient overall operation and support of the ADRB 
panels.
    (ii) Authenticates the case report and directives of cases heard.
    (5) Secretary Recorder. The SR is an officer assigned to the SR 
Branch whose duties are to--
    (i) Schedule, coordinate, and arrange for panel hearings at a 
designated site.
    (ii) Administer oaths to applicants and witnesses under Article 136 
UCMJ.
    (iii) Ensure that the proceedings of the cases heard and recorded 
into the case report and directive of cases.
    (6) Administrative Specialist. An Administrative Specialist is an 
enlisted member assigned to the SR Branch whose duties are to--
    (i) Assist the SR in arranging panel hearings.
    (ii) Operate and maintain video and voice recording equipment.
    (iii) Aid the SR in the administrative operations of the panels.
    (7) Administrative personnel. Such administrative personnel as are 
required for the proper functions of the ADRB and its panels will be 
furnished by the SA.
    (d) Special standards. (1) Under the November 27, 1979, order of the 
United States District Court for the District of Columbia in ``Giles v. 
Secretary of the Army'' (Civil Action No. 77-0904), a former Army 
service member is entitled to an honorable discharge if a less than 
honorable discharge was issued to the service member who was discharged 
before 1 January 1975 as a result of an administrative proceeding in 
which the Army introduced evidence developed by or as a direct or 
indirect result of compelled urinalysis testing administered for the 
purpose of identifying drug abusers (either for the purpose of entry 
into a treatment program or to monitor progress through rehabilitation 
or follow up).
    (2) Applicants who believe they fall within the scope of paragraph 
(d)(1) of this section should place the work CATEGORY ``G'' in block 7, 
DD Form 293, (Application for Review of Discharge or Dismissal from the 
Armed Forces of the United States). Such applications will be reviewed 
expeditiously by a designated official who will either send the 
individual an honorable discharge certificate if the individual falls 
within the scope of paragraph (d)(1) of this section or forward the 
application to the ADRB if the individual does not fall within the scope 
of paragraph (d)(1) of this section. The action of the designated 
official will not constitute an action or decision by the ADRB.

[50 FR 33035, Aug. 16, 1985]



Sec.  581.3  Army Board for Correction of Military Records.

    (a) General--(1) Purpose. This section prescribes the policies and 
procedures for correction of military records by the Secretary of the 
Army, acting through the Army Board for Correction of Military Records 
(ABCMR).
    (2) Statutory authority. Title 10 U.S.C Section 1552, Correction of 
Military Records: Claims Incident Thereto, is the statutory authority 
for this regulation.
    (b) Responsibilities--(1) The Secretary of the Army. The Secretary 
of the Army will oversee the operations of the ABCMR. The Secretary will 
take final action on applications, as appropriate.
    (2) The ABCMR Director. The ABCMR Director will manage the ABCMR's 
day-to-day operations.
    (3) The chair of an ABCMR panel. The chair of a given ABCMR panel 
will preside over the panel, conduct a hearing, maintain order, ensure 
the applicant receives a full and fair opportunity to be heard, and 
certify the written record

[[Page 268]]

of proceedings in pro forma and formal hearings as being true and 
correct.
    (4) The ABCMR members. The ABCMR members will--
    (i) Review all applications that are properly before them to 
determine the existence of error or injustice.
    (ii) If persuaded that material error or injustice exists, and that 
sufficient evidence exists on the record, direct or recommend changes in 
military records to correct the error or injustice.
    (iii) Recommend a hearing when appropriate in the interest of 
justice.
    (iv) Deny applications when the alleged error or injustice is not 
adequately supported by the evidence, and when a hearing is not deemed 
proper.
    (v) Deny applications when the application is not filed within 
prescribed time limits and when it is not in the interest of justice to 
excuse the failure to file in a timely manner.
    (5) The director of an Army records holding agency. The director of 
an Army records holding agency will--
    (i) Take appropriate action on routine issues that may be 
administratively corrected under authority inherent in the custodian of 
the records and that do not require ABCMR action.
    (ii) Furnish all requested Army military records to the ABCMR.
    (iii) Request additional information from the applicant, if needed, 
to assist the ABCMR in conducting a full and fair review of the matter.
    (iv) Take corrective action directed by the ABCMR or the Secretary 
of the Army.
    (v) Inform the Defense Finance and Accounting Service (DFAS), when 
appropriate; the applicant; applicant's counsel, if any; and interested 
Members of Congress, if any, after a correction is complete.
    (vi) Return original records of the soldier or former soldier 
obtained from the Department of Veterans Affairs (VA).
    (6) The commanders of Army Staff agencies and commands. The 
commanders of Army Staff agencies and commands will--
    (i) Furnish advisory opinions on matters within their areas of 
expertise upon request of the ABCMR, in a timely manner.
    (ii) Obtain additional information or documentation as needed before 
providing the opinions to the ABCMR.
    (iii) Provide records, investigations, information, and 
documentation upon request of the ABCMR.
    (iv) Provide additional assistance upon request of the ABCMR.
    (v) Take corrective action directed by the ABCMR or the Secretary of 
the Army.
    (7) The Director, Defense Finance and Accounting Service (DFAS). At 
the request of the ABCMR staff, the Director, DFAS, will--
    (i) Furnish advisory opinions on matters within the DFAS area of 
expertise upon request.
    (ii) Obtain additional information or documentation as needed before 
providing the opinions.
    (iii) Provide financial records upon request.
    (iv) On behalf of the Army, settle claims that are based on ABCMR 
final actions.
    (v) Report quarterly to the ABCMR Director on the monies expended as 
a result of ABCMR action and the names of the payees.
    (c) ABCMR establishment and functions--(1) ABCMR establishment. The 
ABCMR operates pursuant to law (10 U.S.C. 1552) within the Office of the 
Secretary of the Army. The ABCMR consists of civilians regularly 
employed in the executive part of the Department of the Army (DA) who 
are appointed by the Secretary of the Army and serve on the ABCMR as an 
additional duty. Three members constitute a quorum.
    (2) ABCMR functions. (i) The ABCMR considers individual applications 
that are properly brought before it. In appropriate cases, it directs or 
recommends correction of military records to remove an error or 
injustice.
    (ii) When an applicant has suffered reprisal under the Military 
Whistleblower Protection Act 10 U.S.C. 1034 and Department of Defense 
Directive (DODD) 7050.6, the ABCMR may recommend to the Secretary of the 
Army that disciplinary or administrative action be taken against any 
Army official who committed an act of reprisal against the applicant.

[[Page 269]]

    (iii) The ABCMR will decide cases on the evidence of record. It is 
not an investigative body. The ABCMR may, in its discretion, hold a 
hearing (sometimes referred to as an evidentiary hearing or an 
administrative hearing in 10 U.S.C. 1034 and DODD 7050.6) or request 
additional evidence or opinions.
    (d) Application procedures--(1) Who may apply. (i) The ABCMR's 
jurisdiction under 10 U.S.C. 1552 extends to any military record of the 
DA. It is the nature of the record and the status of the applicant that 
define the ABCMR's jurisdiction.
    (ii) Usually applicants are soldiers or former soldiers of the 
Active Army, the U.S. Army Reserve (USAR), and in certain cases, the 
Army National Guard of the United States (ARNGUS) and other military and 
civilian individuals affected by an Army military record. Requests are 
personal to the applicant and relate to military records. Requests are 
submitted on DD Form 149 (Application for Correction of Military Record 
under the Provisions of 10 U.S.C. 1552). Soldiers need not submit 
applications through their chain of command.
    (iii) An applicant with a proper interest may request correction of 
another person's military records when that person is incapable of 
acting on his or her own behalf, missing, or deceased. Depending on the 
circumstances, a child, spouse, parent or other close relative, heir, or 
legal representative (such as a guardian or executor) of the soldier or 
former soldier may be able to demonstrate a proper interest. Applicants 
must send proof of proper interest with the application when requesting 
correction of another person's military records.
    (2) Time limits. Applicants must file an application within 3 years 
after an alleged error or injustice is discovered or reasonably should 
have been discovered. The ABCMR may deny an untimely application. The 
ABCMR may excuse untimely filing in the interest of justice.
    (3) Administrative remedies. The ABCMR will not consider an 
application until the applicant has exhausted all administrative 
remedies to correct the alleged error or injustice.
    (4) Stay of other proceedings. Applying to the ABCMR does not stay 
other proceedings.
    (5) Counsel. (i) Applicants may be represented by counsel, at their 
own expense.
    (ii) See DODD 7050.6 for provisions for counsel in cases processed 
under 10 U.S.C. 1034.
    (e) Actions by the ABCMR Director and staff--(1) Criteria. The ABCMR 
staff will review each application to determine if it meets the criteria 
for consideration by the ABCMR. The application may be returned without 
action if--
    (i) The applicant fails to complete and sign the application.
    (ii) The applicant has not exhausted all other administrative 
remedies.
    (iii) The ABCMR does not have jurisdiction to grant the requested 
relief.
    (iv) No new evidence was submitted with a request for 
reconsideration.
    (2) Burden of proof. The ABCMR begins its consideration of each case 
with the presumption of administrative regularity. The applicant has the 
burden of proving an error or injustice by a preponderance of the 
evidence.
    (3) ABCMR consideration. (i) A panel consisting of at least three 
ABCMR members will consider each application that is properly brought 
before it. One panel member will serve as the chair.
    (ii) The panel members may consider a case on the merits in 
executive session or may authorize a hearing.
    (iii) Each application will be reviewed to determine--
    (A) Whether the preponderance of the evidence shows that an error or 
injustice exists and--
    (1) If so, what relief is appropriate.
    (2) If not, deny relief.
    (B) Whether to authorize a hearing.
    (C) If the application is filed outside the statute of limitations 
and whether to deny based on untimeliness or to waive the statute in the 
interest of justice.
    (f) Hearings. ABCMR hearings. Applicants do not have a right to a 
hearing before the ABCMR. The Director or the ABCMR may grant a formal 
hearing whenever justice requires.
    (g) Disposition of applications--(1) ABCMR decisions. The panel 
members' majority vote constitutes the action of the ABCMR. The ABCMR's 
findings,

[[Page 270]]

recommendations, and in the case of a denial, the rationale will be in 
writing.
    (2) ABCMR final action. (i) Except as otherwise provided, the ABCMR 
acts for the Secretary of the Army, and an ABCMR decision is final when 
it--
    (A) Denies any application (except for actions based on reprisals 
investigated under 10 U.S.C. 1034).
    (B) Grants any application in whole or in part without a hearing 
when--
    (1) The relief is as recommended by the proper staff agency in an 
advisory opinion; and
    (2) Is unanimously agreed to by the ABCMR panel; and
    (3) Does not involve an appointment or promotion requiring 
confirmation by the Senate.
    (ii) The ABCMR will forward the decisional document to the Secretary 
of the Army for final decision in any case in which--
    (A) A hearing was held.
    (B) The facts involve reprisals under the Military Whistleblower 
Protection Act, confirmed by the DOD Inspector General (DODIG) under 10 
U.S.C. 1034 and DODD 7050.6.
    (C) The ABCMR recommends relief but is not authorized to act for the 
Secretary of the Army on the application.
    (3) Decision of the Secretary of the Army. (i) The Secretary of the 
Army may direct such action as he or she deems proper on each case. 
Cases returned to the Board for further consideration will be 
accompanied by a brief statement of the reasons for such action. If the 
Secretary does not accept the ABCMR's recommendation, adopts a minority 
position, or fashions an action that he or she deems proper and 
supported by the record, that decision will be in writing and will 
include a brief statement of the grounds for denial or revision.
    (ii) The Secretary of the Army will issue decisions on cases covered 
by the Military Whistleblower Protection Act (10 U.S.C. 1034 and DODD 
7050.6). In cases where the DODIG concluded that there was reprisal, 
these decisions will be made within 180 days after receipt of the 
application and the investigative report by the DODIG, the Department of 
the Army Inspector General (DAIG), or other Inspector General offices. 
Unless the full relief requested is granted, these applicants will be 
informed of their right to request review of the decision by the 
Secretary of Defense.
    (4) Reconsideration of ABCMR decision. An applicant may request the 
ABCMR to reconsider a Board decision under the following circumstances:
    (i) If the ABCMR receives the request for reconsideration within 1 
year of the ABCMR's original decision and if the ABCMR has not 
previously reconsidered the matter, the ABCMR staff will review the 
request to determine if it contains evidence (including, but not limited 
to, any facts or arguments as to why relief should be granted) that was 
not in the record at the time of the ABCMR's prior consideration. If new 
evidence has been submitted, the request will be submitted to the ABCMR 
for its determination of whether the new evidence is sufficient to 
demonstrate material error or injustice. If no new evidence is found, 
the ABCMR staff will return the application to the applicant without 
action.
    (ii) If the ABCMR receives a request for reconsideration more than 1 
year after the ABCMR's original decision or after the ABCMR has already 
considered one request for reconsideration, then the case will be 
returned without action and the applicant will be advised the next 
remedy is appeal to a court of appropriate jurisdiction.
    (h) Claims/Expenses--(1) Authority. (i) The Army, by law, may pay 
claims for amounts due to applicants as a result of correction of 
military records.
    (ii) The Army may not pay any claim previously compensated by 
Congress through enactment of a private law.
    (iii) The Army may not pay for any benefit to which the applicant 
might later become entitled under the laws and regulations managed by 
the VA.
    (2) Settlement of claims. (i) The ABCMR will furnish DFAS copies of 
decisions potentially affecting monetary entitlement or benefits. The 
DFAS will treat such decisions as claims for payment by or on behalf of 
the applicant.
    (ii) The DFAS will settle claims on the basis of the corrected 
military record. The DFAS will compute the amount due, if any. The DFAS 
may require applicants to furnish additional information to establish 
their status as

[[Page 271]]

proper parties to the claim and to aid in deciding amounts due. Earnings 
received from civilian employment during any period for which active 
duty pay and allowances are payable will be deducted. The applicant's 
acceptance of a settlement fully satisfies the claim concerned.
    (3) Payment of expenses. The Army may not pay attorney's fees or 
other expenses incurred by or on behalf of an applicant in connection 
with an application for correction of military records under 10 U.S.C. 
1552.
    (i) Miscellaneous provisions--(1) Special standards. (i) Pursuant to 
the November 27, 1979 order of the United States District Court for the 
District of Columbia in Giles v. Secretary of the Army (Civil Action No. 
77-0904), a former Army soldier is entitled to an honorable discharge if 
a less than honorable discharge was issued to the soldier on or before 
November 27, 1979 in an administrative proceeding in which the Army 
introduced evidence developed by or as a direct or indirect result of 
compelled urinalysis testing administered for the purpose of identifying 
drug abusers (either for the purposes of entry into a treatment program 
or to monitor progress through rehabilitation or follow-up).
    (ii) Applicants who believe that they fall within the scope of 
paragraph (i)(1)(i) of this section should place the term ``CATEGORY G'' 
in block 11b of DD Form 149. Such applications should be expeditiously 
reviewed by a designated official, who will either send the individual 
an honorable discharge certificate if the individual falls within the 
scope of paragraph (i)(1)(i) of this section, or forward the application 
to the Discharge Review Board if the individual does not fall within the 
scope of paragraph (i)(1)(i) of this section. The action of the 
designated official will not constitute an action or decision by the 
ABCMR.
    (2) Public access to decisions. (i) After deletion of personal 
information, a redacted copy of each decision will be indexed by subject 
and made available for review and copying at a public reading room at 
Crystal Mall 4, 1941 Jefferson Davis Highway, Arlington, Virginia. The 
index will be in a usable and concise form so as to indicate the topic 
considered and the reasons for the decision. Under the Freedom of 
Information Act (5 U.S.C. 552), records created on or after November 1, 
1996 will be available by electronic means.
    (ii) Under the Freedom of Information Act and the Privacy Act of 
1974 (5 U.S.C. 552a), the ABCMR will not furnish to third parties 
information submitted with or about an application unless specific 
written authorization is received from the applicant or unless the Board 
is otherwise authorized by law.

[65 FR 17441, Apr. 3, 2000, as amended at 70 FR 67368, Nov. 7, 2005]

                  PART 583_FORMER PERSONNEL [RESERVED]

[[Page 272]]



                        SUBCHAPTER G_PROCUREMENT



    Cross Reference: For Department of Defense Acquisition Regulations, 
see chapter 2 of title 48.

                           PART 619 [RESERVED]

[[Page 273]]



                   SUBCHAPTER H_SUPPLIES AND EQUIPMENT





PART 621_LOAN AND SALE OF PROPERTY--Table of Contents



Sec.
621.1 Loan of Army/Defense Logistics Agency (DLA) owned property for use 
          at national and State conventions.
621.2 Sales of ordnance property to individuals, non-Federal government 
          agencies, institutions, and organizations.
621.3 [Reserved]
621.4 Issues, loans, and donations for scouting.

    Authority: Pub. L. 81-193; 10 U.S.C. secs. 2574, 4308, 4506, 4507, 
4627, and 4655, and Pub. L. 92-249.

    Source: 44 FR 5651, Jan. 29, 1979, unless otherwise noted.

    Editorial Note: For figures referred to in this part, see 42 FR 
43807, Aug. 31, 1977.



Sec.  621.1  Loan of Army/Defense Logistics Agency (DLA) owned
property for use at national and State conventions.

    (a) General. This section--
    (1) Prescribes procedures for loan of Army-owned property to 
recognized National Veterans' Organizations for National or State 
conventions as authorized by Pub. L. 81-193.
    (2) Request for loans for National Youth Athletic or recreation 
tournaments sponsored by veterans' organizations listed in the 
``Veterans Administration Bulletin 23 (ALPHA),'' will be processed by 
parent veterans' organizations.
    (3) Loans are not authorized for other types of conventions or 
tournaments.
    (b) Items authorized for loan. If available, the following items may 
be loaned for authorized veterans' organizations requirements.
    (1) Unoccupied barracks.
    (2) Cots.
    (3) Mattresses.
    (4) Mattress covers.
    (5) Blankets.
    (6) Pillows.
    (7) Chairs, folding.
    (8) Tentage, only when unoccupied barracks are not available.
    (c) Requests for loan. (1) Requests by authorized veterans' 
organizations for loan of authorized Government property will be 
submitted to the appropriate CONUS Army Commander of the area in which 
the convention will be held or the Commander, Military District of 
Washington (MDW) if within his area.
    (2) The tenure of loan is limited to 15 days from the date of 
delivery, except under unusual circumstances. A narrative explanation 
will be provided to support loan requests for more than 15 days 
duration.
    (3) Loan requests should be submitted by letter at least 45 days 
prior to required date, if practicable.
    (4) Requests for loans will contain the following information:
    (i) Name of veterans' organization requesting the loan.
    (ii) Location where the convention will be held.
    (iii) Dates of duration of loan.
    (iv) Number of individuals to be accommodated.
    (v) Type and quantity of equipment required.
    (vi) Type of convention, (State or National).
    (vii) Complete instructions for delivery of equipment and address of 
requesting organizations.
    (viii) Other pertinent information necessary to insure prompt 
delivery.
    (d) Responsibilities. The Army or MDW Commander will:
    (1) When the availability of personal and real property is 
determined, notify the requesting veterans' organization of the 
following:
    (i) The items and quantities available for loan and the source of 
supply.
    (ii) No compensation will be required by the Government for the use 
of real property.
    (iii) No expense will be incurred by the United States Government in 
providing equipment and facilities on loan.
    (iv) Costs of packaging, packing, transportation and handling from 
source of supply to destination and return will be borne by the 
requesting organization.
    (v) All charges for utilities (gas, water, heat, and electricity) 
based on meter readings or such other methods

[[Page 274]]

determined will be paid by the veterans' organization.
    (vi) Charges which may accrue from loan of DLA/GSA material in 
accordance with paragraph III, AR 700-49/DSAR 4140.27, and GSA Order 
4848.7 and Federal Property Management Regulations, subparagraph 101-
27.5.
    (vii) The Army will be reimbursed for any material not returned.
    (viii) Costs of renovation and repair of items loaned will be borne 
by the requesting organization. Renovation and repair will be 
accomplished in accordance with agreement between the Army Commander and 
the loanee to assure expeditious return of items.
    (ix) Transportation costs in connection with the repair and 
renovation of property will also be at the expense of the using 
organization.
    (x) Assure that sufficient guards and such other personnel necessary 
to protect, maintain, and operate the equipment will be provided by the 
loanee.
    (xi) The period of loan is limited to 15 days from date of delivery, 
except as provided for in paragraph (c) of this section.
    (xii) Any building or barracks loaned will be utilized in place and 
will not be moved.
    (xiii) Upon termination of use, the veterans' organization will 
vacate the premises, remove its own property therefrom, and turn over 
all Government property.
    (2) Specify a bond in an amount to insure safe return of real and 
personal property in the same condition as when borrowed. (In the case 
of personal property, this amount will be equal to the total value of 
the items based on current acquisition costs.)
    (i) An agreement will be executed between the Army Commander and the 
Veterans' Organization if the terms of the loan are acceptable. A sample 
loan agreement is shown at figure 7-5 of this subchapter.
    (ii) When the agreement has been executed and the bond furnished, 
requisitions will be submitted to the appropriate source of supply. 
Requisitions will indicate shipping destination furnished by the 
veterans' organization. Transportation will be by commercial bills of 
lading on a collect basis.
    (iii) Appoint a Property Book Officer to maintain accountability for 
the Government property furnished under this regulation.
    (3) Property Book Officer will:
    (i) Assume accountability from the document used in transferring 
property to the custody of the veterans' organization.
    (ii) Perform a joint inventory with the veterans' organization 
representative. Survey any shortage or damages disclosed by the joint 
inventory in accordance with AR 735-11.
    (iii) Maintain liaison with the veterans' organization during the 
period of the loan.
    (iv) Prepare, in cooperation with the veterans' organization 
representative, an inventory of property being returned. Certify all 
copies of the receipt document with the veterans' organization 
representative.
    (v) Insure the return of all property at the expense of loanee to 
the supply source or to repair facilities.
    (vi) Obtain a copy of receipted shipping document from the 
installation receiving the property.
    (vii) Determine cost and make demand on the loanee for:
    (A) Items lost, destroyed, or damaged.
    (B) Costs of repair or renovation. Estimated costs will be obtained 
from the accountable activity.
    (C) Comply with instructions contained in AR 700-49/DSAR 4140.27 in 
the application of condition A and/or B, C, and T items utilized.
    (D) Ascertain that items lost in transit are reconciled prior to 
assessing charges. Where the loss is attributable to other than the 
loanee, charges should not be borne by the borrower.
    (viii) Request payment from the loanee. Checks are to be made 
payable to the Treasurer of the United States. Upon receipt of payment, 
appropriate fiscal accounts will be credited. The Property Transaction 
Record will be closed and the Stock Record Accounts audited.
    (ix) Deposit collections in accordance with instructions contained 
in AR 37-103. In the event payment is not received within a reasonable 
period, Report of Survey Action will be initiated in accordance with AR 
735-11.

[[Page 275]]

    (x) Reimburse DLA/GSA for the cost of any repair, reconditioning 
and/or materiel not returned.



Sec.  621.2  Sales of ordnance property to individuals, non-Federal
government agencies, institutions, and organizations.

    (a) General. This section--
    (1) Cites the statutory authority for, and prescribes the methods 
and conditions of sale of certain weapons, ammunition, and related items 
as specified herein.
    (2) Applies to all sales of weapons and related material to 
individuals, organizations, and institutions, when authorized by the US 
Army Armament Materiel Readiness Command (ARRCOM), and overseas 
commanders.
    (3) Provides that sales under this section will be limited to 
quantities of an item which authorized purchasers can put to their own 
use. It is not intended that property be sold under the provisions of 
this section for the purpose or resale or other disposition.
    (4) Does not apply to sales of property determined to be surplus. 
(See AR 755 series.)
    (b) Price. Except as noted below, when sales of the Army property 
are made and the title thereto passes from the US Government, the prices 
charged will be the standard list price contained in the SC 1305/30 
Management Data List series, plus cost of packing, crating, and handling 
and administrative charges.
    (c) Condition of sale. Provisions apply to sales under this section, 
as follows:
    (1) Sales will be made without expense to the Government.
    (i) All costs incident to sales (including packing, crating, 
handling, etc.) will be paid in advance by the purchaser.
    (ii) All costs incident to shipment (transportation, parcel post 
charges, etc.) will also be paid by the customer.
    (iii) Payment for items and charges incident to sale will be made 
only by cashier's check, certified check, bank money order, or postal 
money order made payable to the Treasurer of the United States.
    (iv) For other than items of ammunition and ammunition components, 
cash will be acceptable when consignee pickup is authorized or purchase 
is made in person.
    (2) All financial transactions will be accomplished in accordance 
with applicable Department of the Army directives and regulations. 
Moneys collected for cost of items, as well as packing, crating, and 
handling, will be deposited as an appropriate reimbursement as 
prescribed in applicable regulations.
    (3) Generally, all sales are final and, normally, the US Government 
assumes no obligation or responsibility for repair, replacement, or 
exchange, except as provided in AR 920-20. Purchasers will be so advised 
prior to making the sale. All weapons sold, however, will be safe for 
firing.
    (4) Weapons sold at standard price will be supplied with equipment. 
Weapons sold at less than standard price will be supplied less 
equipment.
    (5) Sales of specific items may be suspended at any time by the 
direction of CDR, ARRCOM.
    (d) Purchasing procedure. (1) Except as provided in paragraph (e) of 
this section, all requests originating within CONUS for the purchase of 
small arms weapons, repair parts, cleaning, preserving, and target 
material will be submitted to the Commander, ARRCOM, Rock Island, IL 
61201.
    (i) Upon approval, these items will be shipped from Army depots 
stocking such material, based upon availability of material. Customers 
will be furnished instructions for submission of remittance.
    (ii) Upon receipt of proper remittance from eligible customers 
ARRCOM will issue the necessary documents directing shipment from an 
Army depot where the items are available.
    (2) In implementing the subchapter, oversea commands should 
designate installations within the oversea command to which requests for 
purchase of ammunition and related material will be directed.
    (3) Depots shipping weapons to individuals, Director of Civilian 
Marksmanship (DCM) affiliated rifle and pistol ``clubs'', museums, 
veterans organizations, and other US Government agencies will annotate 
shipping documents with the serial number of all the weapons they ship. 
Firearms shipped will be reported to Commander,

[[Page 276]]

ARRCOM, ATTN: DR SAR-MMD-D, Rock Island, IL 61202, using DA Form 3535 
(Weapons Sales Record), DA Form 3535 may be obtained from Commander, 
Letterkenny Army Depot, ATTN: DRXLE-ATD, Chambersburg, PA 17201.
    (i) The transportation officer will ascertain estimated 
transportation costs, to include DA transportation security measures 
(costs) for shipment to destination. Such information will be 
transmitted by letter to consignee with request for acknowledgement that 
shipment will be accepted based on costs submitted.
    (ii) Shipment will not be made unless consignee agrees to accept 
shipments. Refusal to accept shipment shall be reported to ARRCOM.
    (4) CDR, ARRCOM is responsible for maintaining a record by serial 
number of all weapons reported by depot in accordance with paragraph 
(d)(3) of this section. He will establish procedures to screen purchase 
requests to insure compliance with any limitations established by this 
section.
    (e) Sales to individuals, organizations, and institutions. (1) Sales 
of small arms weapons and ammunition are limited by statute (10 U.S.C. 
4308). Such sales will be made in accordance with the provisions of this 
paragraph and with other rules and regulations approved by the Secretary 
of the Army.
    (2) Sales will be limited to M1 service rifles, either national 
match grade or service grade. Only one such rifle and spare parts for it 
will be sold to an individual. No ammunition will be sold to 
individuals.
    (3) Junior marksmanship clubs and junior marksmanship division 
affiliated within the Director of Civilian Marksmanship (DCM) pursuant 
to AR 920-20 may purchase limited quantities of .22 caliber ammunition.
    (4) The DCM will determine the maximum quantity of such ammunition 
that clubs will be permitted to purchase in each fiscal year.
    (5) Approved, non-profit summer camp organizations that are of a 
civic nature are allowed to purchase from the DCM at cost plus shipping 
and handling charges, 300 rounds of .22 caliber ammunition for each 
junior who is participating in a summer camp marksmanship program.
    (6) Requests for purchase of ammunition by marksmanship clubs and 
summer camp organizations will be submitted to the DCM for approval. If 
he approves, the application will be forwarded to ARRCOM for processing. 
If it is disapproved, it is returned to applicant with reason(s) stated 
for disapproval.
    (f) Eligibility of purchasers. In order to purchase a rifle under 
this program, an individual must:
    (1) Be a member of a marksmanship club affiliated with the DCM (AR 
920-20).
    (2) Based upon regular competitive shooting, have an established 
status as a marksman as determined by the DCM.
    (g) Purchase procedure. (1) Individuals desiring to purchase 
National Match Grade M1 service rifles will submit requests to the 
Director of Civilian Marksmanship, Department of the Army, Washington, 
DC 20314-0110. The request should contain the name and address of the 
shooting club with which the purchaser is affiliated and appropriate 
evidence of status as a competitive marksman.
    (2) Upon receipt of a request, the Director of Civilian Marksmanship 
will forward to the individual a Certificate for Purchase of Firearms in 
the suggested format at figure 5-1 to be completed, notarized and 
returned. When returned with check or arrangements for payment, the 
Certificate will be referred for appropriate verification in the records 
of US Government agencies and for other investigation as required. This 
is done to insure that the sale of a weapon to the applicant is not 
likely to result in a violation of law. The Privacy Act Statement for 
Certificate of Purchase of Firearms (figure 5-2) will be made available 
to the individual supplying data on the Certificate for Purchase of 
Firearms (suggested format, figure 5-1). Prior to requesting the 
individual to supply data on the Certificate for Purchase of Firearms 
(suggested format, figure 5-1) the Privacy Act Statement for Certificate 
will be made available to the individual concerned. (The Privacy Act 
Statement will be reproduced locally on 8 x 10\1/2\ inch paper.)

[[Page 277]]

    (i) A purchase application will be denied if the applicant fails to 
meet all the conditions required in the Certificate.
    (ii) If an application is denied, the applicant will be informed of 
the action and will be given an opportunity to submit additional 
information justifying approval of the application.
    (iii) If the results of the investigation are favorable, the 
application will be forwarded to ARRCOM for processing.
    (h) Marksmanship clubs affiliated with the DCM and individuals who 
are members of those clubs are authorized to purchase from the Army 
targets of types not otherwise available from commercial sources. 
Request for such purchases will be submitted to the Director of Civilian 
Marksmanship for approval and processing. Individuals who have in the 
past purchased rifles from the Army under the authority of 10 U.S.C. 
4308(a)(5), may purchase spare parts for those rifles if the parts are 
available. Requests for purchase of spare parts will be submitted to the 
Director of Civilian Marksmanship for approval. If he/she approves the 
application, she/he will forward it to ARRCOM for processing. If he/she 
disapproves the application, she/he will return it to the applicant 
stating the reasons for disapproval. Current DA transportation security 
measures for weapons will be applied under procedures contained in 
paragraphs (d)(1) (i) and (ii) of this section.
    (i) Cadets, US Military Academy. (1) When approved by the CDR 
DARCOM, the Superintendent, US Military Academy may sell to cadets upon 
graduation from the Academy those sabers which no longer meet prescribed 
standards of appearance and/or serviceability.
    (2) Application to purchase sabers under these provisions will be 
made in accordance with procedures established by the Superintendent.
    (j) Reserve Officer's Training Corps (ROTC) and National Defense 
Cadet Corps (NDCC). Supplies required by educational institution for the 
training of units and individuals of the Reserve Officer's Training 
Corps and National Defense Cadet Corps, in addition to authorized items 
normally furnished to ROTC and NDCC schools, may be sold when available 
by the activities listed in paragraph (g) of this section (10 U.S.C. 
4627). Such purchases will be in accordance with AR 145-2.
    (k) Manufacturers and designers. (1) Under the provisions of 10 
U.S.C. 4506, the Secretary of the Army is authorized to sell to 
contractors or potential contractors such samples, drawings, and 
manufacturing and other information as he considers best for national 
defense. Procedures for such sale are contained in APP 13-1502.
    (2) Under the provisions of 10, U.S.C. 4507, the Secretary of the 
Army may sell to designers who are nationals of the United States, 
serviceable ordnance and ordnance stores necessary in the development of 
designs for the Armed Forces. Designers will submit application to 
purchase to the appropriate Commodity Command.
    (3) If any item normally requiring demilitarization pursuant to the 
Defense Disposal Manual (DoD 4160.21-M) and the AR 755-series is sold, a 
special condition of sale will prohibit further disposition by the 
purchaser without prior approval of the Deputy Chief of Staff for 
Logistics, Department of the Army.
    (l) Sales of individual pieces of U.S. armament for sentimental 
reasons. Under the provisions of 10 U.S.C. 2574, individual pieces of 
U.S. armament, which are not needed for their historical value and can 
be advantageously replaced, may be sold at a price not less than cost 
when there exists for such sale sentimental reasons adequate in the 
judgment of the Secretary of the Army.
    (m) Method of sale. (1) Applications to purchase under the 
provisions of this act will be submitted to Deputy Chief of Staff for 
Logistics, ATTN: DALO-SMS, Department of the Army, with a complete 
identification including serial number, and location of desired item, if 
known.
    (2) Approved applications for major items will be forwarded through 
Commander, U.S. Army Materiel Development and Readiness Command, ATTN: 
DRCMM-SP, to the Commander, U.S. Army Armament Materiel Readiness 
Command.

[44 FR 5651, Jan. 29, 1979, as amended at 54 FR 48097, Nov. 21, 1989]

[[Page 278]]



Sec.  621.3  [Reserved]



Sec.  621.4  Issues, loans, and donations for scouting.

    (a) General. This section provides information relative to issue, 
loan or donation of Government property to the Boy Scouts of America and 
the Girl Scouts of America.
    (b) Guidance. (1) Issues are made under the provisions of the loan 
agreement and reimbursement is made for adjusted shortages and damages.
    (2) Provisions for donations of surplus property to Scout 
organizations, including lists of classes of donable property, are 
contained in chapter III, part 3, Defense Disposal Manual (DOD 
4160.21M).
    (3) The loan of certain Army, Navy, Air Force and DLA equipment and 
the provision of transportation and other services for Jamborees is 
initially provided for by Pub. L. 92-249. Implementation on a current 
basis is made in DOD Directive 7420.1. Army implementation is provided 
as follows:
    (i) Army stock fund in paragraph 2-6b(4), AR 37-111, Working Capital 
Fund-Army Stock Fund Uniform Policies, Principles and Procedures 
Governing Army Stock Fund Operations.
    (ii) Non-stock fund in paragraph 2-18, AR 310-34, Equipment 
Authorization Policies and Criteria, and Common Table of Allowances.
    (c) Procedure. Loan agreements are mutually developed preceding the 
actual lending of the equipment. Paragraph 1-16, AR 735-5, General 
Principles, Policies and Basic Procedures, is used as the guide for 
preparation of loan agreements. Authority for commanders to participate 
in World and National Jamborees is included in paragraph (d) of this 
section; Procedure for Loan of Equipment and Providing of Transportation 
and Other Services to the Boy Scouts of America for World and National 
Jamborees is included in paragraph (j) of this section; and sample loan 
agreement to be executed by area commanders is included as figure 7-5.
    (d) World and National Boy Scout Jamborees. The Act of 10 March 1972 
(Pub. L. 92-249; 86 Stat. 62) and (86 Stat. 63) authorized the Secretary 
of Defense to lend equipment and provide transportation and other 
services to the Boy Scouts of America in support of World and National 
Jamborees. The Secretary of Defense has delegated his authority and 
responsibility for the support of Jamborees to the Secretary of the 
Army. The Commander DARCOM ATTN: DRCMM-SP has been assigned to monitor 
the program for the Secretary of the Army.
    (e) Group travel and visits. Many Scouts and Leaders will travel in 
groups and their itinerary will provide for visits to places of interest 
in CONUS en route to and from Jamborees. Such group travel may begin in 
June and extend into September and October of the Jamboree year. In 
keeping with Department of the Army policies, commanders of Army 
installations may extend an invitation to and honor requests from Scout 
groups enroute to and from the Jamboree to visit and encamp at their 
installation.
    (f) Commissary and post privileges. Installation commanders are 
authorized to provide commissary and post exchange privileges to Scout 
groups en route to and from the Jamboree for food items such as bread, 
meat, and dairy products. These privileges will be extended only to 
Scout groups which are en route to or from the Jamboree and who are 
encamped or quartered at the installation or the Jamboree site. 
Commissary and post exchange privileges extended to Scout groups while 
encamped at the Jamboree site for supply and food items will only be 
honored upon-application by officials of the Boy Scouts of America to 
supplement supplies and rations not considered adequate for American 
Scouts or Scouters.
    (g) Arrangements. Regional Scout Executives have been informed by 
the National Headquarters of the contents of this subchapter and that 
arrangements pursuant to this subchapter must be made in advance 
directly with the installation commanders. However, commanders will 
consider factors of extenuation or emergency which may preclude advance 
arrangements.
    (h) Hospitalization. Boy Scouts and Scout Leaders attending 
Jamborees are considered designees of the Secretary of the Army for the 
purpose of receiving medical care at US Army Medical facilities. The 
reciprocal rate will not

[[Page 279]]

be charged. Subsistence charges will be at the rate of $1.80 per day for 
hospitalized patients, but will not be collected locally. Each Boy Scout 
and Leader participating in Jamborees and hospitalized in Army medical 
treatment facilities will be reported to The Surgeon General, ATTN: 
DASG-SGRE-SSC, Department of the Army, Washington, DC 20314, on DD Form 
7 (Report of Treatment Furnished Pay Patients; Hospitalization Furnished 
(part A)). No local collections are authorized.
    (i) Service coordination. (1) The Departments of the Navy and the 
Air Force and the Defense Logistics Agency will assist the Department of 
the Army in providing necessary equipment, transportation, and services 
in support of the Boy Scouts of America attending Jamborees. The 
Secretary of the Army or his designee will maintain liaison, as 
appropriate, with such agencies to avoid duplication of effort.
    (2) Other departments (agencies) of the Federal Government are 
authorized under such regulations as may be prescribed by the Secretary 
(Administrator) thereof, to provide to the Boy Scouts of America (BSA), 
equipment and other services, under the same conditions and restrictions 
prescribed for the Secretary of Defense.
    (j) Procedure for loan of equipment and providing of transportation 
and other services to the Boy Scouts of America for world and national 
jamborees. Preliminary actions. (1) In accordance with the provisions of 
Pub. L. 92-249, H.R. 11738, 10 March 1972, and Secretary of Defense Memo 
of 17 May 1972, Subject: Loan of Equipment and Providing of 
Transportation and Other Services to the Boy Scouts of America for Boy 
Scout Jamborees; Memo of 23 January 1973, Subject: Military 
Transportation Support for Boy Scout Jamborees; and Memo of 19 August 
1974, Subject: Military Transportation Support for Boy Scout Jamborees, 
the DOD is authorized to lend certain items and provide transportation 
and certain other services to such Jamborees. Prior to the loan of 
property and providing transportation and other services, an appropriate 
agreement will be executed between the United States of America and the 
activity to be supported. A bond (fig. 7-6), in an amount specified by 
the Commander, DARCOM, based on statute taken by the Commander-in-Chief/
Commander, Major Army Command (MACOM), and held until termination of the 
encampment and final settelment is made for each Jamboree.
    (2) The Commander-in-Chief/Commander, MACOM designated, on behalf of 
the Commander, DARCOM, representing the Secretary of Defense will enter 
into legal arrangements with the Boy Scouts of America for the loan of 
equipment and the providing of transportation and certain other services 
for Boy Scouts World and National Jamborees. National Jamborees include 
Jamborees conducted by and within the United States and also those 
conducted by and within foreign nations.
    (3) The Commander-in-Chief/Commander, MACOM, will appoint a Property 
Book Officer who will maintain separate stock records in order to 
provide for a single final billing to the supported activity (Boy Scouts 
of America) for items consumed, lost, damaged or destroyed. The 
Department of the Army will not be billed for items obtained from other 
than Army sources, except medical supply losses. Bills for medical 
supply losses will be submitted to the US Army Area Surgeon for payment. 
He will establish liaison with the activity to be supported. The 
property book account will be established in accordance with section II, 
chapter 2, AR 710-2.
    (4) The Commander-in-Chief, MACOM, will task the Army Area Surgeon 
for Medical Supply Support to the Jamborees. Each Surgeon designated 
should appoint an accountable officer and furnish the name, location, 
and routing identifier of a project office wherein medical supply 
problems can be resolved.
    (5) The Property Book Officer is authorized direct communication 
with the source of supply, other military department liaison personnel 
and DARCOM ICP's to resolve routine supply problems.
    (k) Preparing bills of material. (1) The activity (BSA) will submit 
a list of equipment and supplies desired to the Commander-in-Chief/
Commander, MACOM. This list will be edited during

[[Page 280]]

and subsequent to preliminary conferences with representatives of the 
activity and furnished to Commander, DARCOM, ATTN: DRCMM-SP.
    (2) HQ, DARCOM will convert the informal list to a tentative Bill of 
Material and will furnish the respective Commodity Command that part of 
the Bill of Material for their items of logistical responsibility. A 
suggested format for the Bill of Material is included as figure 7-1. 
Local reproduction is authorized. Copies of the entire tentative Bill of 
Material will also be furnished to each of the military departments 
authorized to participate in the support of the encampments. The Bill of 
Material forwarded to the Commander-in-Chief/Commander, MACOM will be 
screened to determine inhouse availability prior to placing requisitions 
on CONUS supply points.
    (3) At such time as item availability information is on hand and the 
sources to be used are determined (paragraph (m) of this section, a Bill 
of Material (figure 7-1) will be prepared by HQ, DARCOM, and forwarded 
to the Commander-in-chief/Commander, MACOM.
    (4) The Bill of Material will list, by commodity command (military 
department), all items desired, identified by National Stock Number 
(NSN) description, quantity desired and required delivery date. The NSN 
will provide identification of the items required. Items will be 
identified by the Property Book Officer to the responsible commodity 
command or military department as indicated below:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
(i) CERCOM.........................  1 US Army Communications and
                                      Electronics Materiel Readiness
                                      Command.
(ii) TSARCOM.......................  2 US Army Troop and Aviation
                                      Materiel Readiness Command.
(iii) ARRCOM.......................  3 US Army Armament Materiel
                                      Readiness Command.
(iv) TARCOM........................  4 U.S. Army Tank-Automotive
                                      Materiel Readiness Command.
(v) DLA............................  5 Defense Logistics Agency.
(vi) Navy..........................  N Department of the Navy.
(vii) Air Force....................  F Department of the Air Force.
(viii) Other Installations.........  A
------------------------------------------------------------------------


The Bill of Material will be screened to insure that radioactive items 
restricted for military use are not included.
    (l) Establish property transaction records. (1) A Property 
Transaction Record reflecting complete information about each item 
loaned to the activity will be established and maintained by the 
Property Book Officer (figure 7-2) and the respective commodity command 
military department (figure 7-3). Suggested formats for the Property 
Transaction Records are found in figures 7-2, 7-3, and 7-4, Local 
reproduction is authorized.
    (2) The Property Book Officer will also establish and maintain 
separate Property Transaction Records for items obtained from supply 
sources other than Army commodity commands, i.e., other Army 
installations, Department of the Navy, Department of the Air Force 
(figure 7-4).
    (3) Each entry on the Property Transaction Record will be supported 
by appropriate documentation (commodity command: copies of shipping 
documents, copies of return documents and copies of surveillance 
inspection report--Property Book Officer: Requisition voucher files and 
hand receipt cards). This is particularly important for reconciliation 
purposes in order that all property received from each source will be 
returned to that source upon termination of each encampment.
    (m) Locating and obtaining equipment and supplies. (1) The 
respective commodity commands (military departments) will screen the 
tentative Bill of Material (paragraph (k)(2) of this section) and 
determine availability and source of supply identified by Routing 
Identifier Code. They will advise HQ, DARCOM, ATTN: DRCMM--SP of 
availability, appropriate substitute items when the requested items are 
not available in sufficient quantity, and the source of supply for 
requisitioning purposes.
    (2) Concurrently, the Bill of Material will be screened within the 
MACOM to determine those items that can be obtained from assets 
available in the command.
    (3) The Property Book Officer will requisition equipment and 
supplies from the source of supply as indicated by Commander, DARCOM in 
accordance with AR 725-50 or other separately furnished instructions. 
The requisition number, quantity requisitioned, stock number and source 
of supply will be entered in the Property Transaction

[[Page 281]]

Record. Requisitions will cite the appropriate project code assigned and 
appropriate activity address code on all requisitions submitted. Project 
codes will be assigned by Commander, Logistic Systems Support Activity, 
ATTN: DRXLS-LCC, Chambersburg, PA, 17201 and distributed by message to 
all interested addressees.
    (4) Loan of General Services Administration (GSA) General Supply 
Fund Material--The Federal Property and Administrative Services Act of 
1949, as amended, authorizes the Administrator, GSA to loan GSA General 
Supply Fund Material to the Department of Defense and other federal 
agencies. Loan shall be made to the extent that items are readily 
available and that such loans will not jeopardize the GSA stock 
inventory. The loan of GSA General Supply Fund Material shall normally 
be limited to 90 Calendar days. Requisitions for GSA material should be 
submitted to the nearest GSA Regional Office by the CINC/CDR MACOM.
    (5) Formal accountability for all items shipped to the site of the 
activity will be retained by the appropriate accountable activity. 
Property and financial accounting will be in accordance with respective 
military department regulations governing loans.
    (6) The shipping depot or other source will furnish a copy of the 
shipping document to the respective commodity command (military 
department) where the quantity charged, date shipped, condition of the 
property and total value will be posted to the Property Transaction 
Record.
    (7) Upon receipt of the advance copy of the shipping document, the 
commodity command (military department) will post information to his 
Transaction Record, by source as in paragraph (l)(1) of this section.
    (8) When the shipment is received, the Property Book Officer will 
inspect the property. A narrative statement of condition will be 
prepared if condition of the property is other than that indicated on 
the shipping document and referenced to the condition entry on the 
Property Transaction Record. The source of supply, as appropriate, will 
be immediately notified of overages or shortages and verified in 
condition, as provided in chapter 8, AR 735-11. The Property Book 
Officer will enter on the shipping document the quantity actually 
received when it differs from quantity shown as shipped and will post 
the quantities received to the property book record.
    (9) Discrepancies between the quantity shipped by the depot and that 
received by the Property Book Officer and variance in condition will be 
reconciled as rapidly as possible and appropriate records will be 
brought into agreement. When shortage or damage is not attributable to 
the carrier, the Property Book Officer will immediately contact the 
responsible source of supply, furnishing the stock number and document 
number involved, together with an explanation of the discrepancy. 
Reconciliation is particularly important in order to ensure a common 
point of departure in determining charges to be assessed upon 
termination of the activity. Replacement shipments, when required, will 
be covered by appropriate shipping documents.
    (10) Special Instructions for Defense Logistics Agency, Clothing and 
Textile Items. (See DSAR 4140.27/AR 700-49).
    (n) Transportation. (1) Transportation of equipment and supplies--
The responsibility of coordinating movement of equipment and supplies 
placed on loan to the Boy Scouts of America during National and World 
Jamborees is delegated to the Commander, US Army Materiel Development 
and Readiness Command, ATTN: DRCMM-ST.
    (2) All requisitions for items in question, will cite the 
appropriate project code and will be shipped by commercial bill of 
lading on a collect basis to all National Jamborees and World Jamborees 
held in the United States.
    (3) Shipments to Boy Scout contingents at World Jamborees in foreign 
countries will be by Government bills of lading, unless otherwise 
specified by the Boy Scouts of America.
    (4) All shipments directed to Boy Scout Jamborees will be routed by 
the most feasible means as determined by the shipper. Shipments will be 
consolidated to the maximum extent possible to assure the lowest charges 
available to the Boy Scouts of America.

[[Page 282]]

    (5) Separate shipping instructions will be provided for each 
Jamboree to assure that correct consignee and railhead addresses are 
furnished.
    (6) Movement of Boy Scouts, Scouters, and officials living in the 
United States of America to a Jamboree within the United States of 
America or to a Jamboree in an oversea area shall be the responsibility 
of the Boy Scouts of America or the individuals concerned.
    (7) No authority exists under Pub. L. 92-249 for the movement of Boy 
Scouts, Scouters, and officials via military capabilities other than 
those of the Military Airlift Command or the Military Sealift Command.
    (o) Transportation by vessels of the Military Sealift Command (MSC). 
(1) The MSC does not operate any ships suitable for carriage of 
passengers on transoceanic routes. Although pertinent directives and 
Pub. L. 92-249 authorize the movement of Boy Scouts on Military Vessels, 
the MSC has no capability to provide such transportation.
    (2) The MSC is an industrial-funded organization and charges the 
military service for sealift services provided in accordance with 
established rates. The host command will be responsible to compensate 
the MSC for any equipment or material moved on MSC ships. The 
limitations inherent in Pub. L. 92-249 stipulate that transportation 
support provided will be at no cost to the Government. Under these 
directions, Boy Scout equipment or materiel is not authorized movement 
on a space available basis without prior approval of the Secretary of 
Defense. Such approval is not anticipated.
    (3) All billings for transportation provided by MSC will be 
forwarded to the appropriate Commander-in-Chief/Commander of the support 
major Army command (MACOM). Reimbursement will be requested by the MACOM 
Commander from the Boy Scouts of America.
    (p) Transportation of oversea based scouts, scouters, and other 
authorized personnel by military airlift to national or international 
jamborees. (1) Space required reimbursable transportation by Military 
Airlift Command (MAC) airlift over established MAC channels is 
authorized from points outside the Continental United States (OCONUS) to 
aerial ports within CONUS, or to other oversea locations and return. 
Such transportation will be provided only to the extent that it does not 
interfere with the requirements of military operations, and only to 
those Boy Scouts, Scouters, and officials residing overseas and 
certified by the Boy Scouts of America (BSA) as representing the BSA at 
the Jamboree. Certification by the BSA will be in the form of a letter 
identifying each such individual as their authorized representative at 
the Jamboree. This letter of authorization must be presented to the 
sponsoring overseas command.
    (2) Boy Scouts, Scouters, officials and their equipment will be 
moved after all space-required traffic, but before any space-available 
traffic.
    (3) Each passenger is authorized the normal accompanying free 
baggage allowance of 66 pounds while traveling on MAC aircraft. It is 
not contemplated that any excess baggage allowance will be authorized.
    (4) Transportation of Boy Scouts, Scouters, officials, and their 
equipment provided by MAC controlled aircraft will be reimbursed at the 
common user tariff rates assessed U.S. Government Traffic, as contained 
in AFR 76-11.
    (5) On the basis of letters of authorization issued by the BSA, the 
BSA will monitor services provided by the Department of Defense. One 
copy of each BSA letter of authorization will be forwarded to the 
Commander, US Army Materiel Development and Readiness Command, ATTN: 
DRCMM-SP, 5001 Eisenhower Avenue, Alexandria, VA 22333, for planning 
purposes. This letter of authorization should specify whether one way or 
round trip transportation is requested.
    (6) DACROM responsibilities include the following:
    (i) Compiling a passenger forecast to be submitted to MAC in 
accordance with AR 59-8/OPNAVINST 4630.18C/AFR 76-38/MCO 4630.6B.
    (ii) Providing Military Traffic Management Command (MTMC) an 
information copy of the passenger forecast.
    (iii) Submitting all passenger requirements for one way and round 
trip transportation originating overseas to the appropriate overseas 
command.

[[Page 283]]

    (7) The responsibilities of the sponsoring overseas command include:
    (i) Verifying that Scout passengers are officially authorized 
representatives of BSA in accordance with paragraph (p)(1) of this 
section.
    (ii) Making all necessary passenger reservations with MAC, for 
transportation originating overseas, in accordance with AR 55-6/AFR 76-
5/OPNAVINST 4630.23/MCO P4630.11. The oversea command will submit CONUS 
outbound return passenger requirements to Commander, Military Traffic 
Management Command, ATTN: MTMC-PTO-P, Washington, DC 20315.
    (iii) Issuing each passenger a MAC Transportation Authorization (DD 
Form 1482) for transportation from the overseas location and return, 
when round trip transportation has been requested. The customer 
identification code, item (7) of the DD Form 1482, should be 
designated--JBWJ--which was approved by MAC as the permanent CIC for 
direct billing purposes to HQ, Boy Scouts of America, North Brunswick, 
New Jersey, 08902.
    (iv) Ensuring that each Scout passenger has a completed DD Form 
1381, signed by a parent, guardian or other legally responsible 
individual.
    (v) Evaluating the use and necessity of military airlift within or 
between overseas locations. This evaluation will include such factors as 
reasonable travel time, number of connections required, and assurance of 
Scout group integrity. Surface transportation will normally be used for 
travel within an overseas area.
    (8) The responsibilities of the MTMC include:
    (i) Evaluating the return outbound passenger requirements and making 
the necessary transportation arrangements so as to maintain Scout group 
integrity at all times.
    (ii) Assisting the BSA in completing required documentation and 
insuring that passengers are ready prior to the return flight.
    (iii) Pub. L. 92-249 does not provide authorization for the use of 
the Department of Defense transportation by Scouts, Scouters, and 
Officials of foreign nations. All requests to transport such persons 
should be forwarded through the unified command channels to the Office 
of the Assistant Secretary of Defense (Public Affairs). However, DOD 
does not contemplate authorization for the use of MAC aircraft for other 
than U.S. Scouts, Scouters, and Officials.
    (iv) Use of military helicopters in support of medical evacuation, 
VIP, press and photo-services--The Director of Army Aviation, the 
Department of the Army Staff Judge Advocate, and the Comptroller of the 
Army have furnished the general opinion that Pub. L. 92-249 authorizes 
the use of Military helicopters in support of the above described 
services to the extent they are reasonably available and permits the use 
of appropriated funds.
    (q) Determination of charges and settlement. (1) All property on 
which repair cost is claimed will be held at the depot or post, camp or 
station until final charges are determined and a release is given by 
CDR, DARCOM, Department of the Army.
    (2) The commodity command (military department) will prepare the 
following information and statement, and forward them, to CDR, DARCOM, 
Department of the Army, for final review:
    (i) Complete Property Transaction Record and supporting documents.
    (ii) Proper accounts for which reimbursement received for shortages 
and repairs are to be deposited.
    (iii) The following statement: ``The losses and/or damages indicated 
on the Property Transaction Report in the amount of $______ represent 
the total claim by (appropriate commodity command or military 
department) relative to commodity command or military department 
property loaned to (Boy Scouts of America). Upon settlement and deposit 
to the proper account, the CDR of the commodity command or military 
department releases the (Boy Scouts of America) from further 
obligations.''
    (iv) Statements as to the general type of repair (e.g., tentage, 
repair tears, insert new panels, replace grommets) will be reported on 
separate addendum to the Property Transaction Record for items requiring 
repair.
    (3) The CINC/CDR, MACOM, will prepare the following information and 
statement for property furnished for

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assets in the command and will forward this to CDR, DARCOM:
    (i) Same as (q)(2)(i) of this section.
    (ii) Same as (q)(2)(ii) of this section.
    (iii) The following statement: The losses and/or damages indicated 
on the Property Transaction Record in the amount of $______ represent 
the total claim by (appropriate Army) relative to (appropriate Army) 
property loaned to (Boy Scouts of America). Upon settlement and deposit 
to the proper account, the CINC/CDR, MACOM releases the (Boy Scouts of 
America) from further obligations.
    (iv) Same as (q)(2)(iv) of this section.
    (4) CDR, DARCOM, will review the charges, inspect property to be 
repaired, if necessary, reconcile any discrepancies and determine final 
charges to be levied against the supported activity. Approved list of 
charges will be forwarded to the CINC/CDR, MACOM, for collection, and 
property being held for repair will be released.
    (5) The CINC/CDR, MACOM, will prepare and dispatch a letter to the 
supporting activity and request payment made payable to the Treasurer of 
the United States. Upon receipt of payment, collection documents will be 
prepared and appropriate fiscal accounts, as furnished by the commodity 
command (military departments) ((q)(2) and (3) of this section) 
credited. The MACOM Surgeon will take action to reimburse the DLA stock 
fund for expendable medical supply losses reported. The CINC/CDR, MACOM, 
will close the Property Transaction Record Account.
    (6) The CINC/CDR, MACOM, will advise the CDR, commodity command 
(military departments and CDR, DARCOM, DA) that settlement has been 
accomplished. Commodity command (military department) Property 
Transaction Records will be closed upon receipt of the foregoing advice.
    (7) The CDR, DARCOM will advise the CINC/CDR, MACOM, to return the 
bond to Boy Scouts of America.
    (8) In the event of unsatisfactory settlement, the proceeds of the 
bond will be used to satisy the claim. The Power of Attorney executed in 
connection with the agreement will be invoked and proceeds collected 
from the bond (fig. 7-7).



PART 623_LOAN OF ARMY MATERIEL--Table of Contents



Sec.
623.1 General.
623.2 Loan policies.
623.3 Submission of requests for loan of Army materiel.
623.4 Accounting procedures.
623.5 Loan of arms and accouterments.
623.6 Reimbursement for loan of Army materiel.
623.7 Reports.

Appendix A to Part 623--Explanation of Terms
Appendix B to Part 623--Approving Authority Addresses/Telephone Numbers
Appendix C to Part 623--Agreement for Loan of US Army Materiel (DA Form 
          4881-R)
Appendix D to Part 623--Certificate for Signature by an Alternate (DA 
          Form 4881-1-R)
Appendix E to Part 623--Surety Bond (DA Form 4881-3-R)
Appendix F to Part 623--Power of Attorney (DA Form 4881-4-R)
Appendix G to Part 623--Continental US Army Boundaries
Appendix H to Part 623--References

    Authority: 10 U.S.C. 2571; 31 U.S.C. 686; 10 U.S.C. 2667.

    Source: AR 700-131, 45 FR 62038, Sept. 18, 1980, unless otherwise 
noted.



Sec.  623.1  General.

    (a) Purpose. This part sets forth policies and procedures for loan 
of Army materiel. As used in this regulation, the term ``loan'' includes 
a lease.
    (b) Applicability. (1) This regulation applies to all Department of 
the Army (DA) agencies, commands, installations, and activities.
    (2) This regulation applies to the Army National Guard (ARNG) only 
when the procedure for the loan of equipment under the procedure of 
National Guard Regulation (NGR) 735-12 does not apply.
    (3) This regulation does not apply to loans governed by the DOD 
Military Assistance and Sales Manual, DOD 5105.38-M.
    (4) This regulation does not apply to loans governed by the Defense 
Acquisition Regulation (DAR).
    (c) Scope. This part outlines when loans of Army materiel may be 
made. It gives general procedures for requesting and processing loans, 
and sets forth

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responsibilities, including requirements for reimbursement.
    (d) Explanation of terms. (1) The terms ``loan,'' ``lease'' and 
``bailment'' are contractual terms and are frequently used 
interchangeably. They have no meaning by themselves. It is necessary to 
study the statute to see what is required. Usually, a ``loan'' is 
thought of as a short-term transfer of property, sometimes with 
reimbursement; a ``lease'' is a more formal transfer, often long-term 
and requiring a fair monetary rental; and a ``bailment'' is a loosely-
used term, generally reserved for a delivery of property to another in 
trust for the purpose of doing something to the property and then 
returning the property to the owner. The term ``issue'' is frequently 
used in the sense of a transfer of property which will be consumed in 
use. The terms ``gift,'' meaning a permanent transfer of property 
without reimbursement, and ``sale,'' meaning a permanent transfer with 
reimbursement, are outside the scope of this regulation.
    (2) For additional definitions, see appendix A.
    (3) The words ``he, him, his'' when used in this publication 
represent both the masculine and feminine genders, unless otherwise 
specifically stated.
    (e) Loan restrictions. (1) Army materiel is not normally used for 
other than the Army's primary mission; however, under conditions 
described herein materiel not immediately needed to support mission 
requirements may be loaned to--
    (i) Army and other Department of Defense (DOD) elements.
    (ii) Non-DOD Federal departments and agencies.
    (iii) Civil governments (State and local).
    (iv) Special activities, agencies, and others.
    (2) Table 2-1 lists various circumstances where loan of Army 
materiel might be requested. It identifies the applicable Federal laws 
or other authority which would authorize such loans.
    (f) Statutory authorities. There are three basic federal laws which 
authorize the loan of Army property. There are also numerous specific 
statutes which authorize particular types of loans in limited 
situations. Unless there is a reason to use the specific statute, one of 
the basic statutes will be used.
    (1) The following are the basic statutes:
    (i) 10 U.S.C. 2571--Authority for loan of property within DOD.
    (ii) 31 U.S.C. 686 (The Economy Act)--Authority for loans to other 
Federal departments and agencies.
    (iii) 10 U.S.C. 2667 (The Leasing Statute)--Authority for loans/
leases, including leases to activities outside the Federal Government.
    (2) Following are some of the specific authorizing statutes:
    (i) 10 U.S.C. 331--Federal aid for State governments as result of 
insurrection.
    (ii) 10 U.S.C. 332--Use of militia and Armed Forces to enforce 
federal authority.
    (iii) 10 U.S.C. 333--Use of militia or Armed Forces to suppress 
interference with state and federal law.
    (iv) 10 U.S.C. 2541--Loan of equipment and barracks to national 
veterans organizations.
    (v) 10 U.S.C. 2542--Loan of equipment to the American National Red 
Cross for instruction and practice.
    (vi) 10 U.S.C. 2543--Loan of equipment to US Presidential Inaugural 
Committee.
    (vii) 10 U.S.C. 2544--Loan of equipment and services to the Boy 
Scouts of America, for national and world jamborees.
    (viii) 10 U.S.C. 2572--(See AR 870-20.) Loan of books, manuscripts, 
works of art, drawings, plans, models, and condemned or obsolete combat 
materiel not needed to--
    (A) A municipal corporation.
    (B) A soldiers monument association.
    (C) A state museum.
    (D) A nonprofit incorporated museum.
    (E) Posts of Veterans of Foreign Wars of the USA.
    (F) American Legion Posts.
    (G) A local unit of any other recognized war veterans association.
    (H) A post of the Sons of Veterans Reserve.
    (ix) 10 U.S.C. 4308--Establishment and support of civilian rifle 
ranges.

[[Page 286]]

    (x) 10 U.S.C. 4311--Issue of rifles and ammunition for conducting 
rifle instruction and practice.
    (xi) 10 U.S.C. 4651--Issue of arms, tentage, and equipment to 
support educational institutions that do not have ROTC but maintain a 
course in military training prescribed by the Secretary of the Army.
    (xii) 10 U.S.C. 4652--Loan of rifles and issue ammunition for target 
practice to educational institutions having corps of cadets.
    (xiii) 10 U.S.C. 4653--Issue of ordnance and ordnance stores to 
District of Columbia high schools.
    (xiv) 10 U.S.C. 4654--Issue of quartermaster supplies at educational 
institutions that maintain a camp for military instruction of its 
students.
    (xv) 10 U.S.C. 4655--Loan of arms and issue ammunition to other 
agencies and departments of the US Government.
    (xvi) 10 U.S.C. 4656--Loan of aircraft and ancillary equipment to 
accredited aviation schools at which DA or Air Force personnel pursue 
courses of instruction.
    (xvii) 10 U.S.C. 4683--Loan of obsolete or condemned rifles and 
accouterments to local units of recognized national veterans 
organizations for certain ceremonial purposes.
    (xviii) 10 U.S.C. 4685--Loan of obsolete ordnance to educational 
institutions and state soldiers and sailors orphans' homes for purpose 
of drill and instruction.
    (xix) 32 U.S.C. 702--Issue of supplies to State National Guard.
    (xx) 33 U.S.C. 701n (Pub. L. 84-99 as amended)--Flood emergency 
preparation; emergency supplies of drinking water.
    (xxi) 33 U.S.C. 1251 et seq. (Pub. L. 92-500)--Federal Water 
Pollution Control Act.
    (xxii) 42 U.S.C. 5121 et seq. (Pub. L. 93-288)--Disaster Relief Act.
    (3) Other statutory guidance:
    (i) 10 U.S.C. 4307--Authorizes the establishment of a Director of 
Civilian Markmanship (DCM).
    (ii) 18 U.S.C. 1385--Unlawful use of Armed Forces in local law 
enforcement.
    (iii) 18 U.S.C. 3056 (as amended by Pub. L. 91-651)--Powers and 
duties of Secret Service.
    (g) Responsibilities. (1) The Commanding General (CG), US Army 
Materiel Development and Readiness Command (DARCOM), through the 
Materiel Readiness Commands' (MRC) commanders, is responsible for loans 
of materiel controlled by DARCOM wholesale supply points.
    (2) Major Army commands (MACOM) CGs and commanders in chief (CINCs) 
of unified commands (UCOMs) are responsible for loans of materiel from 
supporting units and installations.
    (3) The Director of Military Support, Office of the Deputy Chief of 
Staff for Operations (ODCSOPS), is the DOD point of contact for the 
Federal Disaster Assistance Administration (FDAA), other Federal 
agencies, and the National Red Cross in disaster assistance matters.



Sec.  623.2  Loan policies.

    (a) Loan and approval policy--(1) Basic policies. (i) Materiel is 
not loaned to non-DOD activities as a routine procedure. However, 
materiel in the Army inventory is available for loan for special 
purposes if approved. Approving authorities are listed in table 2-1; 
their addresses are in appendix B.
    (ii) Loans will be approved or disapproved based on the purpose, 
duration of the loan, and consideration of the following factors which 
can take precedence over any loan.
    (A) Military requirements and priorities.
    (B) Continuity of military operations, troop survival, and the 
rehabilitation of essential military bases.
    (C) Stocks and programed Army requirements. This includes 
prepositioned mobilization reserve stocks.
    (D) Type classification with pending changes.
    (E) Minimum diversion of Army stocks.
    (F) The adequacy of the borrower's resources. Requesters will be 
encouraged to use their own resources.
    (iii) Loan requests from civilian authorities or activities will 
normally enter Army channels at the installation or MACOM levels. If on-
post or off-

[[Page 287]]

post units receive loan requests, they will refer them to unit's 
supporting installation commander at once. Emergency loan requests will 
be relayed by telephone or electrically transmitted message.
    (iv) When routine handling of a loan request would result in loss of 
human life, grave bodily harm, or major destruction of property, and 
when the lack of communication facilities prevents use of normal 
procedures, loans otherwise permitted by this regulation can be made 
with local approval. However, normal policy should be followed to the 
extent possible. If procedural requirements cannot be fully complied 
with, they must be met as soon as possible after the loan is made.
    (v) Army materiel loaned under this part will be delivered to 
borrower ``as is, where is'' available.
    (vi) Stocks of the least serviceable condition which are still 
suitable for the loan's purpose will be used. Logistic control code 
``C'' materiel will be loaned before logistic control code ``B'' 
materiel. Logistic control code ``B'' materiel will be loaned before 
logistic control code ``A'' materiel. (Ref chap 9, AR 708-1.)
    (vii) Commanders of medical treatment facilities (MTF) are subject 
to all the requirements of this regulation, including the requirement 
for reimbursement. However, in accordance with AR 360-61 which 
implements DOD Instruction 5410.19,
    (A) Emergency loans of medical supplies (drugs, vaccines, etc.) may 
not be made without reimbursement, but the loan may not exceed 30 days 
and the medical supplies must be replaced in kind by the borrowing 
agency or activity; and
    (B) Emergency loans of medical equipment not to exceed 15 days may 
be made without reimbursement if it is the practice in the community for 
other hospitals to make such loans. Equipment loans which exceed 15 days 
must be approved, in writing, by the MACOM commander and are subject to 
all the requirements of 10 U.S.C. 2667, including reimbursement.
    (viii) Army property loaned to non-DOD activities will not be 
further loaned without approval of the original approving authority.
    (ix) There will be no procurement or redistribution of assets to 
offset the effects of loans. Material will not be set aside, earmarked, 
assembled, or stockpiled to be available for use related to loans.
    (x) Army materiel may be recalled from the borrower at any time to 
meet Army requirements.
    (xi) Stock record accounting and financial transactions for loans 
will conform with existing regulations.
    (xii) Borrowers are responsible for the care, custody, and proper 
use of materiel borrowed. Except as stated in this regulation, 
reimbursement will be required for damage, destruction, loss, fair 
depreciation in value, and for any Army repair, care, transportation, 
preservation, and protection of loaned equipment.
    (xiii) Care, renovation, and repair of borrowed materiel will 
conform with the loan agreement.
    (xiv) As indicated below, borrowers must provide signed loan 
agreements, provide surety bonds, and vehicular insurance prior to 
receipt of materiel. Loan agreements and bonds will be prepared in 
accordance with paragraphs (b) and (c) of this section.

------------------------------------------------------------------------
                                    Loan                      Vehicular
           Borrower               agreement    Surety bond    insurance
                                  required      required      required
------------------------------------------------------------------------
Army or other DOD activities..  No \1\......  No..........  No.
Non-DOD Federal departments     Yes.........  No..........  No.
 and Agencies.
Civil Authorities (State and    Yes.........  Yes \2\.....  Yes.\2\
 Local Governments).
Civilian Activities (veterans'  Yes.........  Yes.........  Yes.
 organizations, youth groups,
 etc.).
------------------------------------------------------------------------
\1\ A hand receipt or other document assigning responsibility will
  suffice.
\2\ In emergency disaster relief cases, bonds and insurance may be
  provided after receipt of the materiel. (See paragraph (a)(4) of this
  section.)

    (2) Loans to DOD organizations. Army materiel may be loaned to DOD 
activities for projects, programs, and mission requirements that support 
basic functions of the borrowing activity. Examples are field exercises, 
maneuvers, training exercises, including annual training (AT) of Reserve 
Components, and research development, test, and evaluation (RDTE).

[[Page 288]]

    (i) Loans of major end items belonging to MACOMs are approved by 
MACOM or UCOM commanders. Loans of materiel other than major end items 
are approved at commander/installation level.
    (ii) Loans of materiel belonging to DARCOM (wholesale level) are 
approved as follows:
    (A) Materiels other than major end items. By the director or deputy 
director of an MRC.
    (B) All other items. By HQ DARCOM or commanders of MRCs unless loan 
would interfere with issue against DA Master Priority List (DAMPL) 
priorities, then by HQDA ODCSLOG (DALO-SMD).
    (3) Loans to federal departments/agencies. Loans to Federal 
activities outside the DOD are usually provided under provisions of the 
Economy Act, 31 U.S.C. 686. Federal agencies borrowing DOD materiel 
using the provisions of this act are responsible for reimbursing the DOD 
for all DOD costs incident to the delivery, return, and repair of the 
materiel. The borrower is also responsible for reimbursing the DOD for 
depreciation if the depreciation cost is significant.
    (4) Disaster relief. (i) CONUS/OCONUS. (A) In disaster situations 
local civil authorities must provide relief from their own resources. If 
this is not sufficient, and the American National Red Cross has a team 
at the disaster, requests for further assistance should be made to them. 
If the President has declared a major disaster or emergency, requests 
should be made to the regional director of the Federal Disaster 
Assistance Administration (FDAA). (See AR 500-60 for guidance.)
    (B) The commanding General, US Army Forces Command (FORSCOM), acting 
for the Secretary of the Army (SA), is responsible for Army materiel 
support of disaster relief operations within the United States and the 
District of Columbia. UCOMs are responsible for disaster relief 
operations in US possessions and trust territories. These commanders are 
authorized to task DOD agencies and commands, consistent with defense 
priorities, to provide materiel in support of operations. A military 
representative will be appointed by the appropriate command to act as 
the DOD point of contact with the Housing and Urban Development (HUD) 
Federal Coordinating Officer (FCO) when military assistance is required 
during a Presidential declared disaster or emergency. When a disaster or 
emergency is of such magnitude, the disaster area may be geographically 
subdivided. A military representative will then be appointed for each 
FCO. All requests for military assistance will be passed through the FCO 
to the DOD military representative at the disaster area.
    (C) The Director of Military Support (ODCSOPS), HQDA, acts at the 
DOD point of contact for the Administrator, FDAA, other Federal 
agencies, and the American National Red Cross in all disaster assistance 
matters.
    (ii) Foreign. (A) The Department of State is responsible for 
deciding when emergency foreign disaster relief operations will be 
undertaken. This authority is delegated to Chiefs of Diplomatic Missions 
for disaster relief operations whose total costs will not exceed 
$25,000.
    (B) Send queries on foreign disaster relief to HQDA (DAMO-ODS) (para 
4, app B).
    (5) Civil disturbances. The maintenance of law and order is 
primarily the responsibility of local and state authorities. In civil 
disturbance situations, a basic goal of the Federal Government is to 
minimize the involvement of active military forces. One of the most 
effective means of keeping Federal forces off the streets is to loan US 
Army civil disturbance type equipment to Federal, State, and local law 
enforcement agencies and also to the National Guard. (For specific 
guidance see AR 500-50.)
    (i) Requests for loan of Army materiel during or for expected civil 
disturbances are of three types with approval authority as follows:
    (A) Group one. Arms, ammunition, tank-automotive equipment, and 
aircraft. Loans will be approved by the SA or his designee.
    (B) Group two. Riot control agents, concertina wire, and similar 
military equipment which is not included in group one. Loans will be 
approved by the SA (or his designee), or by an Army task force commander 
employed at an

[[Page 289]]

objective are during a civil disturbance.
    (C) Group three. Protective equipment such as masks and helmets; 
body armor vests; other equipment not included in group one or two such 
as clothing, communications equipment, and searchlights; and the use of 
DOD facilities. Such loans will be approved by the SA (or his designee); 
by MACOMs; by the CGs of CONUS armies, MDW, and by commanders of UCOMs 
outside CONUS as applicable. (NOTE: Firefighting equipment will not be 
used for riot control).
    (ii) Queries concerning loans in support of civil disturbances will 
be forwarded to the Director of Military Support, HQDA(DAMO-ODS), WASH 
DC 20310. (See app B.)
    (6) Terrorism. (i) The Department of the Army is the DOD Executive 
Agent for support to the FBI in combating terrorism. Existing civil 
disturbance loan procedures, including categories of equipment, apply to 
equipment loans to the FBI for combating terrorism. Military resources 
will be provided only upon request of the Director, FBI, or the Senior 
FBI official present at the scene of a terrorist incident. It may be 
difficult in some situations to determine whether a practical incident 
fits the definition of terrorism. In these cases, commanders are 
authorized to accept the judgment of the FBI official making the request 
if it is supported by the available facts. (See para 3, table 2-1.)
    (ii) For requests from the FBI in connection with terrorist 
incidents, any commander in the chain of command down to and including 
commanders of military installations are authorized to approve loans of 
group two and group three resources. (See paragraphs (a)(4)(1) (B) and 
(C) of this section.) Requests for equipment which involve technical/
operating personnel, excluding fire-fighting equipment and explosive 
ordnance disposal, will be processed as a group one resource. For 
example, approval authority is retained by the DOD Executive Agent.
    (7) Aircraft piracy. Assistance to other federal agencies in the 
protection of airways is provided through loans under guidance in 
paragraph 3, table 2-1. Specific limitations on such support are covered 
in AR 500-1.
    (8) Loan/lease to activities outside the Federal Government. Title 
10, U.S.C. 2667, authorizes the lease of Army materiel to non-DOD 
departments, agencies, activities, or individuals when it is determined 
that the materiel is not, for the period of the lease, needed for public 
use, is not excess property, and that the loan will promote the national 
defense or be in the public interest, (See AR 360-61.) Such a lease must 
not be for more than 1 year (or be renewed/extended for a total period 
of more than 5 years); it must provide that the lessee will pay a fair 
monetary rental. The fair monetary rental will be determined on the 
basis of prevailing commercial rates or computed according to sound 
commercial accounting practices for the fixing of rental on such 
property. This will include a return on capital investment and 
administrative cost as well as depreciation. The delegation of authority 
to lease is SAOSA-71-6, paragraph 1-5103, ADARS, the prescribed lease 
agreement is at paragraph 16-553, ADARS.
    (b) Loan agreements. (1) Upon approval of a loan request and before 
shipment or issue of the materiel, the approving authority will complete 
a written loan agreement, DA Form 4881-R. In all cases, the statutory 
basis for the loan will be cited. The approving authority is acting for 
the DOD on loans to other Federal agencies, and for the United States on 
loans to civil authorities and special activities. The agreement will be 
signed by the approving authority and the borrowing activity. When 
emergency loans have been made as authorized by this AR, follow-up 
action will be taken at once to formalize the loan by completing a loan 
agreement.
    (2) Loan agreements are mutually developed by the approving 
authority and the chief of the borrowing activity (or their designees). 
The agreements identify the responsibilities of all parties. They 
include terms and conditions of the loan. Appendix C illustrates a 
sample loan agreement, DA Form 4881-R (Agreement for the Loan of US Army 
Materiel), and specifies what the loan agreements will stipulate and 
contain. Also illustrated at appendix C is DA

[[Page 290]]

Form 4881-2-R, which will be completed and appended to the loan 
agreement as ``Exhibit I.''
    (3) Loan agreements will be held by the approving authority until 
termination and final settlement of each loan.
    (4) If the loan agreement is signed by someone other than the chief 
borrowing official, than a Certificate for Signature by an Alternate 
will be completed. (See appendix D for DA Form 4881-1-R.) It will be 
attached to the signed (by the borrower) copy of the agreement that is 
retained by the approving authority. DA Forms 4881-R, 4881-1-R, and 
4881-2-R are reproduced locally on 8\1/2\ by 11-inch paper.
    (c) Surety bonds. (1) Some borrowers of Army materiel must post a 
surety bond. (See table 2-1 and DA Form 4881-3-R at app E.) Bonds ensure 
safe return of the borrowed materiel or reimbursement for any loss of or 
damage to the materiel. The bond will consist of--
    (i) A properly executed surety bond with a certified bank check, 
cash, or negotiable US Treasury bonds, or
    (ii) Notice of bond by a reputable bonding company deposited with 
the approving authority for the loan. Bonds will equal the total price 
of the borrowed items as shown in exhibit I to the loan agreement (app 
C, DA Form 4881-R). A ``double'' bond (bond equal to twice the value of 
the borrowed item(s)) will be required--
    (A) For Army materiel loaned to the Red Cross for instruction and 
practice to aid the Army, Navy, or Air Force in time of war (10 U.S.C. 
2542).
    (B) For ordnance and ordnance stores loaned to high schools in the 
District of Columbia (10 U.S.C. 4653).
    (2) The bond need not be posted by the borrowing agency itself. The 
source or originating agency for the bond is immaterial if the bond is 
valid. For example, to secure a loan, a State may post bond on behalf of 
a city, county, or other governmental body or authority within the 
State.
    (3) In an emergency, when posting a bond would delay approval of an 
urgent loan request and when the total price is less than $1,000, the 
approval authority may approve the request. The approval is on the 
condition that the bond be posted within 5 days.
    (4) Bond forfeitures or exceptions to mandatory forfeitures can only 
be made with the concurrence of the Secretary of the Army. Forfeitures 
will be based on actual expense incurred. Forfeitures do not release the 
borrowing agency from returning borrowed materiel or affect ownership. 
Bonds are normally forfeited under the following conditions:
    (i) Materiel is not returned at the termination of a loan period or 
when return has been directed by the Army.
    (ii) The borrowing agent refuses to pay for damages or other Army 
expenses.
    (5) Surety bonds will be held by the approving authority until the 
loan is terminated and final settlement is made. At that time, the bond 
will be returned to the borrower.
    (6) If US treasury bonds are posted as surety bond, the borrower 
must execute a power of attorney (DA Form 4481-4-R, app F). This will 
enable cashing of the treasury bonds if some forfeiture is required. DA 
Form 4881-3-R (Surety Bond) and DA Form 4881-4-R (Power of Attorney) 
will be reproduced locally on 8\1/2\ by 11-inch paper.
    (d) Loan duration. (1) Loan periods and extensions will be shown in 
table 2-2.
    (2) Materiel will be loaned only for the number of days needed for 
the specific purpose for which borrowed. Loan extensions must be 
justified. The reason(s) why other means or other than Army materiel 
cannot be used must be included. Approval of loan extensions will be 
based on the merit of the reasons given.
    (3) Loan extensions authorized beyond 1 year will not be approved 
unless the lender of the loaned materiel has inspected and inventoried 
the materiel to insure completeness and serviceability.
    (e) Types of DA materiel available for loan. Examples of types of 
items that may be loaned, and examples of the types of organizations 
that may borrow Army materiel, are listed in table 2-1. Most loans will 
be nonexpendable items or expendable items not forecast to be consumed 
(durable items). Expendable items (e.g., expendability code X) will not 
be loaned unless approved as an exception.

[[Page 291]]



                                      Table 2-1--Loan Authority and Purpose
                                         [See footnotes at end of table]
----------------------------------------------------------------------------------------------------------------
                                                                    Normal approving       Examples of materiel
              Requester                 Authority and guidance         authority                authorized
----------------------------------------------------------------------------------------------------------------
1. DOD Activities....................  10 U.S.C. 2571.........  Secretary of the Army    Materiel, supplies, and
                                                                 (or designee).           equipment.
2. Department of Agriculture (U.S.     31 U.S.C. 686; Memo of   Secretary of the Army    Communications,
 Forest Service) protection against     Understanding (MOU),     (or designee).           earthmoving, and
 wildfire \2\ (see AR 500-60 for        Apr. 24, 1975; AR 500-                            vehicular equipment.
 guidance) \3\.                         60.
 Avalanche Control \3\...............  10 U.S.C. 4655; 31       Secretary of the Army    Communications,
                                        U.S.C. 686; AR 735-5;    (or designee).           howitzers, etc.
                                        MOU Nov. 29, 1973.
3. Department of Justice (FBI).......  10 U.S.C. 331; 10        .......................  Transport aircraft,\1\
                                        U.S.C. 332; 10 U.S.C.                             helicopters, flares,
                                        333.                                              parachutes,
                                                                                          communications
                                                                                          equipment, arms,
                                                                                          vehicles, etc.
  Aircraft Piracy \1\ (see AR 500-1    10 U.S.C. 4655; 18       DOD General Counsel \1\
   for guidance).                       U.S.C. 1385; 31 U.S.C.   or designee; in urgent
                                        686; DODD 3025.12; AR    cases, Deputy Director
                                        500-1.                   for Operations, NMCC.
  Terrorism \2\......................  AR 500-50..............  See item 7 below for     See item 8 below for
                                                                 \2\ approval authority   \2\ classification
                                                                 by equipment             equipment.
                                                                 classification.
  Drug Enforcement Agency \1\........  31 U.S.C. 686; AR 735-   Asst SECDEF (or          Same as above.
                                        5, par. 1-16; CSR 1-25.  designee).
4. Treasury Department (U.S. Custom    18 U.S.C. 3056; 31       Asst SECDEF (or          Same as above.
 Service) (U.S. Secret Service) \1\.    U.S.C. 686; AR 735-5,    designee); Mil Asst to
                                        par. 1-16; DODD          the President;
                                        3025.13; DODI 5030.34;   followed by the Spec
                                        AR 1-4.                  Asst to the SECDEF;
                                                                 (overseas) CINC,
                                                                 UCOM's.
5. National Guard Equipment (loan to   AR 735-5; 10 U.S.C.      Secretary of the Army    Material, supplies, and
 NG).                                   2571.                    HQDA; CG FORSCOM;        equipment.
                                                                 DARCOM.
6. Other Federal agencies emergency    31 U.S.C. 686; AR 735-   Spec Asst SECDEF;        Material, supplies, and
 support \1\ to Federal agencies (see   5; AR 1-35; AR 500-60;   Secretary of the Army.   equipment for flood
 AR 1-35 and AR 500-60 for guidance).   DODD 4000.19.                                     fighting, rescue
                                                                                          operations, repair/
                                                                                          restoration of flood
                                                                                          control works, or
                                                                                          hurricane flood
                                                                                          protection works.
  Support to FPA/GSA Regional Field    AR 15-17; DODD 5100.74;  HQDA; CG FORSCOM; CG     Transportation,
   Boards \2\ (see AR 15-17 for         OEP Civ 8500.6.          CONUSA.                  emergency power and
   guidance).                                                                             fuel.
  Support to Inaugural Committee.....  10 U.S.C. 2543.........  SECDEF.................  Tents, flags, litters,
                                                                                          ambulances, drivers,
                                                                                          hospital furniture,
                                                                                          camp appliances.
7. Support for Search and Rescue.....  AR 500-2; FM 20-150; AR  CG FORSCOM; GC CONUSA..  Search craft and crews.
                                        525-90.
8. Civil Authorities Civil             42 U.S.C. 5121 et seq.;  Group One: DOD           Group One: Arms,
 Disturbance \2\ (see AR 500-50 for     10 U.S.C. 331; DODD      Executive Agent or       ammunition, tank-
 guidance).                             3025.12; AR 500-50; AR   designee.                automotive equipment,
                                        350-7; DACD Plan;                                 and aircraft.
                                        Garden Plot.
                                                                Group Two: DOD           Group Two: Riot control
                                                                 Executive Agent or       agents, concertina
                                                                 designee, or task        wire, and other like
                                                                 force command at         military equipment to
                                                                 objective area during    be employed in control
                                                                 the civil disturbance.   of civil disturbances.
                                       .......................  Group Three: DOD         Group Three:
                                                                 Executive Agent or       Firefighting
                                                                 designee; CG MDW; CG     resources, equipment
                                                                 CONUSA; and CINC's       of a protective nature
                                                                 UCOM's, OCONUS.          (masks, helmets, body
                                                                                          armor vests) and use
                                                                                          of Army facilities.
  Disaster Relief \2\................  42 U.S.C. 5121 et seq.;  CG FORSCOM; CG DARCOM    Same as 6 above.
                                        DODD 3025.1; AR 500-60   for DARCOM stocks; and
                                        and AR 930-5; DODD       CINC's, UCOM's, OCONUS.
                                        5100.46.

[[Page 292]]

 
  Civil Defense......................  DODD 3025.10; AR 500-70  CG FORSCOM.............  Personnel, facilities,
                                                                                          equipment, supplies,
                                                                                          and services.
  American National Red Cross for      MOU between DOD and      HQDA; The Adjutant       Personnel, equipment,
   support of Army units in support     ANRC, June 24, 1975.     General (DAAG-ASO-R).    office space,
   of local civil government disaster                                                     equipment, supplies;
   relief.                                                                                and custodial,
                                                                                          utility, maintenance,
                                                                                          and communication
                                                                                          services.
9. Environmental Protection Agency     33 U.S.C. 1251 et seq.;  Same as disaster relief  Personnel, facilities,
 and U.S. Coast Guard (oil and          DODD 5030-41; AR 500-                             supplies, equipment,
 hazardous substances pollution         60.                                               and transportation.
 spills).
10. Boy and Girl Scouts of America     10 U.S.C. 2544; AR 725-  MACOM CG on behalf of    Bedding, cots, chairs,
 (world or national jamborees) \3\.     1, ch. 7.                CG DARCOM.               vehicles, buildings,
                                                                                          etc.
11. Civilian Marksmanship Program      10 U.S.C. 4308, 4311,    Secretary of the Army    Arms and accouterments.
 (Clubs and Schools) \3\.               4651, 4652, 4653,        (or designee).
                                        4685; AR 920-15; AR
                                        920-20.
12. Community Relations and Domestic   AR 28-19; AR 360-61; 42  Installation commanders  Equipment or buildings
 Action Programs \1\ (Youth             U.S.C. 2701.                                      which may aid in
 Conservation Corps).                                                                     instruction to the
                                                                                          disadvantaged.
13. Veterans Organizations (State and  10 U.S.C. 2541.........  MACOM CG and CG CONUSA.  Cots, bedding, chairs,
 National Conventions) \3\.                                                               tents, mattresses,
                                                                                          pillows, unoccupied
                                                                                          barracks, etc.
  Burial Ceremonies..................  10 U.S.C. 4683.........  Secretary of the Army..  Obsolete rifles.
14. Armies of the United Kingdom,      10 U.S.C. 2667; AR 34-1  CG DARCOM (those for     Equipment.
 Canada, and Australia                                           equip valued over
 (Standardization Program).                                      $100,000 and those not
                                                                 favorably considered
                                                                 by DARCOM will be
                                                                 referred to the
                                                                 DCSRDA, HQDA, for
                                                                 approval).
15. Aid to District of Columbia        DODD 5030.46; CSR 500-4  Secretary of the Army    Communications,
 Government in Combating Crime \2\.                              (or designee).           vehicles, aircraft,
                                                                                          arms, etc.
16. Departments, agencies,             10 U.S.C. 2667; SAOSA-   Heads of Procuring       Army property, not
 municipalities, organizations,         71-6, par. 1-5103,       Activity.                excess requirements,
 activities, and individuals.           ADARS.                                            but not needed for
                                                                                          period of lease. (See
                                                                                          delegation of
                                                                                          authority.)
17. Red Cross (Aid to DOD in time of   10 U.S.C. 2602; AR 930-  DAAG...................  Office space, supplies
 war).                                  5.                                                and equipment;
                                                                                          uniforms.
18. Army Flying Clubs................  AR 230-1; DODD 1330.2..  DAAG; CG FORSCOM.......  Army aircraft.
19. Civilian Activities..............  10 U.S.C. 2572; AR 870-  Chief, Military History  Historical properties
                                        15; AR 870-20.                                    and military art.
20. Civilian Educational Institutions  10 U.S.C. 4654.........  Secretary of the Army..  Quartermaster supplies.
----------------------------------------------------------------------------------------------------------------
\1\ DA DCSOPS, Director of Military Support, has responsibility for these staff functions.
\2\ DA DCSOPS, Director of Military Support, has responsibility for these executive agent functions. (See app. A
  for definition of this term.)
\3\ DA DCSLOG, Director of Supply and Maintenance, has responsibility for these staff functions.


                         Table 2-2--Loan Periods
------------------------------------------------------------------------
                                                       Loan periods \1\
        Borrower/purpose                Initial            extension
------------------------------------------------------------------------
1. DOD Activities...............  As needed for       As needed for
                                   mission             mission
                                   accomplishment.     accomplishment.
2. Army National Guard (loan of   For minimum         For minimum
 equipment).                       essential period    essential period
                                   as determined by    as determined by
                                   requirements.       requirements.
3. Department of Agriculture      90 days...........  90 days.
 (U.S. Forest Service)
 (protection against wildfire).
4. Department of Justice (FBI)    For minimum         For minimum
 (Aircraft piracy).                essential period.   essential period.
  (Drug Enforcement Agency).....  1 year or less as   1 year or less.
                                   determined by
                                   requirements.
5. Treasury Department (U.S.      1 year or less as   1 year or less.
 Customs Service).                 determined by
                                   requirements.
  (U.S. Secret Service).........  For minimum         For minimum
                                   essential period    essential period
                                   as determined by    as determined by
                                   requirements.       requirements.

[[Page 293]]

 
6. Environmental Protection       For duration of
 Agency/U.S. Coast Guard.          requirements.
7. Other Federal Agencies.......  For minimum         1 year.
                                   essential period.
8. Civil Agencies (Civil          15 days during      15 days.
 disturbances) Type I.             actual disorder.
  Type II.......................  90 days in          90 days.
                                   anticipation of a
                                   disorder.
  (Disaster relief).............  For minimum
                                   essential period,
                                   no extension for
                                   use during
                                   rehabilitation
                                   unless requested
                                   by the FDAA.
9. Boy and Girl Scouts of         For duration of
 America (World or National        ``Jamboree'' plus
 Jamborees).                       period en route
                                   to or return from
                                   Jamborees.
10. Civilian Marksmanship (Clubs  1 year............  1 year.
 and Schools).
11. Civilian Community            As justified by
 (Relations and Domestic Action    local requesters.
 Programs).
12. American National Red Cross   Same as above for   Same as above.
 for support of Army units in      duration of
 support of local civil            requirements
 Government disaster relief.       (office
                                   equipment).
13. Veterans' Organizations.....  15 days...........  15 days.
14. To Armies of the United       1 year or less as   As negotiated.
 Kingdom, Canada, and Australia    determined by
 (Standardization Program).        requirements.
15. Civilian Organizations:
  a. Arms and accouterments.....  1 year or less as   1 year.
                                   determined by
                                   requirements.
  b. DLA stock fund items.......  120 days..........  30 days.
  c. Medical equipment..........  15 days...........  As negotiated.
  d. Medical supplies (drugs,     30 days...........  As negotiated.
   vaccines, etc. must be
   replaced in kind).
  e. All other items............  Requester           As negotiated.
                                   justification.
16. DA materiel provided under    1 year............  1 year.
 10 U.S.C. 2667.
------------------------------------------------------------------------
\1\ All extensions or loan renewals which extends the overall loan
  period beyond 1 year must be approved by the Secretary of the Army (or
  designee).



Sec.  623.3  Submission of requests for loan of Army materiel.

    (a) General. (1) Loan requests will be expedited according to the 
situation's urgency. A situation may be so serious that waiting for 
instructions or approval from a higher authority is unwarranted. 
Commanders will then take action as required to save human life, prevent 
human suffering, or reduce property damage or destruction. (See Sec.  
623.2(b)(1).) Such emergency actions will be reported at once to higher 
authority according to Sec.  623.7.
    (2) Requests to the US Army for loan, or loan extension, will be 
promptly sent by the Army element that received the request through 
channels to the approving authority shown in table 2-1 or as specified 
in appropriate regulations.
    (3) Loan requests will be made by the head of the Federal agency, 
civil authority, or civilian activity desiring the materiel. An 
exception is that requests from the Federal Disaster Assistance 
Administration (FDAA) will normally be initiated by an FDAA regional 
director rather than by the administrator. The requests should be made 
directly to the approving authorities shown in table 2-1.
    (b) The Army National Guard (ARNG). Loan requests for property 
belonging to ARNG will be made under National Guard Regulation 735-12. 
(See para 5, table 2-1.)
    (c) General procedures--(1) DOD activities. DOD activities will 
borrow Army materiel as follows:
    (i) Requests will be made in writing citing--
    (A) Detailed justification for loan to include urgency of need.
    (B) Duration of loan.
    (C) Funds to defray transportation and handling.
    (D) Serviceability requirements.
    (ii) Approving authority involved will--
    (A) Forward a loan agreement to requester. Loan agreements within 
DOD will often consist of letter requests, approving endorsements, and 
materiel issue document (DD 1348-1) transferring temporary 
accountability. Between units and activities, a hand receipt may be used 
as the loan agreement.

[[Page 294]]

    (B) Furnish positive identification of item to be loaned.
    (C) Provide instructions for delivery of equipment.
    (iii) DOD recipient of loaned Army materiel will--
    (A) Forward accepted loan agreement to approving authority (all 
actions can be accomplished by electrically transmitted messages).
    (B) Provide geographic location of equipment and specific activity 
that is responsible for care and preservation of loaned equipment.
    (C) Return equipment to Army in condition received with normal 
allowance for fair wear and tear.
    (2) Non-DOD activities. Non-DOD activities, including Federal 
agencies will request loan of Army materiel as follows:
    (i) Non-DOD activities, and agencies, will send routine requests by 
letter 45 days before the materiel is required. Federal agencies may use 
Standard Form 344 (Multiuse Standard Requisitioning/Issue System 
Document). Requests will include the following:
    (A) The DA approving authority. See table 2-1.
    (B) Date request is submitted.
    (C) Title of requesting agency and/or person authorized to receive 
or pick up the borrowed materiel. Be specific; e.g., Special Agent in 
Charge John Doe, FBI, Anytown, USA, (telephone number with area code) 
123-456-7890.
    (D) Type of loan; e.g., Boy Scout National Jamboree, American Legion 
Convention, etc. (with a short summary of circumstances).
    (E) Statement that none of the requested materiel is internally 
available to the requesting activity.
    (F) Statement that this support is not reasonably available from 
local government or commercial sources.
    (G) Authority for the loan (if known); e.g., public law, US code, 
executive order, etc. See table 2-1.
    (H) Positive identification of the type and quantity of items 
required. If national stock numbers and nomenclature are not available, 
identify the items needed by type, model, size, capacity, caliber, etc.
    (I) Geographic location where the materiel will be located and used.
    (J) Proposed duration of the loan.
    (K) Statement that the agency has, or will ensure capability to 
properly operate, maintain, secure, and care for the borrowed materiel.
    (L) If firearms are requested, a statement that adequate facilities 
are available to secure the arms. See Sec.  623.5(a)(4).
    (M) A statement that the borrowing activity will assume all 
responsibilities, liabilities, and costs related to the movement, use, 
care, security, loss, damage, and repair of the loaned materiel.
    (N) Citation of funds to cover reimbursable costs. Also, a statement 
that an adequate bond will be provided, if required.
    (O) A statement that the loan agreement prepared by the Army will be 
signed by the ``responsible official'' of the borrowing activity (or 
designee).
    (P) Name, address, and telephone number of the person who will serve 
as the point of contact for the requesting agency, authority, or 
activity.
    (Q) Complete instructions for delivery of the equipment to ensure 
that shipping instructions in the request are consistent with the 
urgency of the situation. State whether a small quantity shipped by air, 
express, or other fast means will satisfy immediate needs until bulk 
shipments can arrive. Also state quantity immediately required.
    (R) If applicable, the number of persons to be accommodated.
    (ii) Urgent requests may be made to meet expected or actual 
emergencies. Such requests may be made by telephone or by electrically 
transmitted message. Include information required in paragraphs 
(c)(2)(i) (A) through (R) of this section to the extent possible. The 
request will be presented to the approving authority. The borrower will 
then send a complete written request to formalize the emergency request.
    (iii) If approval of the loan is granted, approving authorities will 
contact accountable property officers at CONUS installations (equivalent 
level overseas), or MRC item managers to determine which items are 
available. Installation requests to MRCs will state that the 
installation resources could not meet the loan requirements. 
Availability decisions will be based on normal management criteria 
including

[[Page 295]]

past and anticipated demand, asset balances, order-ship time, repair 
rate and repair cycles, and procurement schedules. If requested items 
are available and approved for issue, the approving authority (or 
designee) will--
    (A) Negotiate and agreement;
    (B) Obtain surety bond from the borrower when required;
    (C) Provide reproduced copies of the signed documents to the 
appropriate accountable property office along with authorization to make 
the loan.
    (iv) Approving authorities will maintain a system of numerical 
control for all loans. The accountable property officer will enter this 
number on all transaction documents related to each specific loan to 
include requisition, issue, shipping, turn-in, and financial documents.
    (3) The US Secret Service (USSS). (i) Army regulation 1-4 provides 
policies and procedures for Army support to the Secret Service. Support 
will be provided only on the request of the Director, United States 
Secret Service or his authorized representative. It will be provided 
only to assist the United State Secret Service in performance of its 
statutory protective functions.
    (ii) Routine requests are sent by the United States Secret Service 
direct to the Office of the Special Assistant to the SECDEF for 
approval. Approved requests involving Army resources are tasked through 
HQDA (DAMO-ODS) to the proper command. Approved requests for resources 
of other Services are tasked direct to the proper Service.
    (iii) Approved requests for resources to be used in oversea areas 
(regardless of Service) will be passed from the Office of the Special 
Assistant to the SECDEF to the Joint Chiefs of Staff (JCS) for tasking 
of the proper unified command.
    (iv) In urgent situations, the United States Secret Service may 
request military resources from the nearest military commander who is 
authorized to take action consistent with the urgency. As soon as 
possible, they will seek guidance/approval through command channels to 
the approval authority (Spec Asst to the SECDEF).
    (4) Drug and narcotics interdiction activities. All non-DOD Federal 
agencies requesting DOD resource in support of drug or narcotics 
interdiction activities should send requests through their headquarters 
to DOD, ATTN: Deputy Assistant SECDEF (Program Management), WASH DC 
20314. Concurrently, information pertaining to the request should be 
sent to HQDA (DAMO-ODS) (para 4, app B), or relayed by telephone 
(AUTOVON 225-2003 or the Army Operations Center 851-1800 during nonduty 
hours). The Deputy Assistant SECDEF will pass approved request to HQDA 
(DAMO-ODS), through the Office, Under Secretary of the Army, for 
determination of availability and readiness impact. If approved by the 
Under Secretary of the Army, ODCSOPS (DAMO-ODS) will task the proper 
MACOM to provide support. Requests for extension or changes to 
agreements will be processed as noted in tables 2-1, 2-2 and paragraph 
(a)(2) of this section.
    (5) The Federal Bureau of Investigation. (i) Requests for aircraft 
piracy assistance, received from Federal authorities by Army field 
commands or activities, will be forwarded through command channels by 
telephone (confirmed by electrically transmitted message) to the 
Military Support Division, ODCSOPS (DAMO-ODS), AUTOVON 255-3848/7433/
2003 (WATS 202-695-2003). These requests will be approved by the DOD 
General Counsel (or designee).
    (ii) The requests will then be sent to the National Military Command 
Center (NMCC). It will coordinate between the lending accountable 
property officer and the borrower.
    (iii) In urgent cases, the Deputy Director for Operations, NMCC, may 
approve requests upon his or her own responsibility. This is subject to 
a later report to the chairman of the Joint Chiefs of Staff and the DOD 
General Counsel.
    (iv) Approved requirements will be passed to the Secretary of the 
Army by telephone and confirmed by electrically transmitted message. The 
Secretary of the Army will then assign the requirement to the proper 
command (or staff agency) which will contact the designated Federal 
civil official and confirm the details of the request.

[[Page 296]]

Modification of the requirement to better perform the mission is 
authorized if the Federal official agrees.
    (6) Enviromental Protection Agency (EPA), US Coast Guard (USCG), or 
National Response Team (NRT). Non-DOD Federal agency requests for loan 
of materiel to combat oil and hazardous substance pollution spills will 
be made directly to the Commanding General, FORSCOM. Requests will be 
made by an ``On Scene Coordinator'' (OSC) of the EPA, or by the USCG 
acting for the Department of Transportation. The pollution spill NRT may 
also initiate requests. Approval authority is shown in table 2-1.
    (d) Civil authorities. Loans of materiel to civil authorities for 
use during civil disturbances and disasters will be made as follows:
    (1) Civil disturbances. Requests for Army materiel in anticipation 
of (or during) civil disturbances will be promptly sent through command 
channels to the approving authority (UCOM commanders will coordinate 
requests originating from areas outside CONUS) as follows:
    (i) Requests for resources that require Secretary of the Army 
approval will be sent through channels to HQDA (DAMO-ODS) (para 4, app 
B).
    (ii) Requests for group three resources (Sec.  623.2(a)(5)) that are 
not available to commanders having the approval authority will be sent 
through channels to HQDA (DAMO-ODS). Intermediate commands may approve 
and make available the requested resources.
    (iii) Requests received by other DOD agencies will be referred to 
local Army installation commanders for processing.
    (2) Disaster relief. Requests for loan of materiel to support 
disaster relief will be handled as follows:
    (i) Valid requests for disaster relief assistance (see Sec.  
623.2(a)(4) for decisionmaking process) will be given to the DOD liaison 
(a military officer) assigned to the disaster; or forwarded to the CONUS 
Army commander in which the disaster occurs. (See appendix G.) If no 
Federal Disaster Assistance Administration (FDAA) official (HUD Federal 
Coordinating Officer (FCO)) is present at the disaster scene, requests 
may be received from the Red Cross.
    (ii) HUD Regional Directors for FDAA, or FCOs, will send requests 
for loan of materiel to the Commanding General, FORSCOM, or to the 
proper CONUS Army commander. (Requests for Defense Civil Preparedness 
Agency (DCPA) resources will be sent to DCPA regional offices.)
    (e) Civilian activities--(1) Veterans' Organizations. Loan requests 
by authorized veterans' organizations (as listed in VA Bulletin 23A) 
will be sent to the commander of the CONUS Army area (or Commander, 
MDW), for the area where the materiel will be required. (See appendix 
G.)
    (2) Scouting loans. National and regional scout executives will send 
requests (restricted to DOD support of national and world jamborees) 
according to chapter 7, AR 725-1. (See Sec.  621.4 of this title.)
    (3) Loans/Leases under the provisions of Title 10 U.S.C. 2667. 
Requests for loans from other civil activities and organizations may 
come into the DOD through various channels; e.g., telephone call to 
local installation commander, letter to Congressmen, or directly to the 
Secretary of Defense or Army. Each request will be forwarded to the 
authority having the item and having the authority to approve the 
request. (See appendix B and table 2-1.) In cases where approval is 
questionable, the request may be submitted through channels to HQDA 
(DALO-SMD) WASH DC 20310 (para 2, app B) recommending approval/
disapproval action.
    (f) Loans to the United Kingdom (UK), Canada, and Australia. All 
requests for loans (restricted to materiel for use in the 
``Standardization Program'') to the UK, Canada, or Australia will be 
sent to Commander, DARCOM, ATTN DRC-IRD for approval. AR 795-204 
addresses loans to other allied governments. (See DOD Military 
Assistance and Sales Manual, DOD 5105.38-M.)
    (g) Special materiel requests--(1) Loan of Communications Security 
(COMSEC) Equipment. Subject to provisions of this regulation, requests 
for loan of COMSEC equipment will be sent to the Commander, US Army 
Communications Security Logistics Agency (para

[[Page 297]]

24, app B) for approval, loan action, and establishment of loan records. 
All loans of Army COMSEC equipment to civilian authorities or activities 
will be according to Technical Bulletin 380-41. Standard Form 153 will 
be annotated to show purpose of the loan, expected date of return, and 
authority for the loan. A copy will be sent to the Director, National 
Security Agency (NSA), ATTN: S3, Fort George G. Meade, MD 20755.
    (2) Loan of arms and accouterments. Requests for loan of arms and 
accouterments will be sent by requesting agencies directly to the 
Secretary of the Army, Military Support Division, HQDA (DAMO-ODS) (para 
4, app B). Requests received out of this channel will be returned to the 
originator for resubmission. The Secretary of the Army (or designee) is 
the approval authority. See Sec.  623.5 for procedures.
    (3) War reserves and operational project stocks. Regulatory guidance 
with respect to loan of war reserves and operational project stocks to 
DOD organizations is found in chapter 8, AR 710-1. Loans of war reserves 
and operational project stocks to non-DOD activities will be according 
to this regulation and must be approved by HQDA (DALO-SMW) (para 3, app 
B).
    (4) Loan of historical property and art. Requests for loans of Army 
historical property and military art will be sent to the Commander, US 
Army Center of Military History (para 4, app B). Specific information on 
such loans is found in AR 870-15 and AR 870-20.



Sec.  623.4  Accounting procedures.

    (a) Loan document format. (1) When the lending accountable property 
officer receives copies of the loan request, loan agreement, surety bond 
(if required), and written loan authorization from the approving 
authority, the loan request will be converted to Military Standard 
Requisitioning and Issue Procedures requisition formal (DD Form 1348) as 
follows: (NOTE: In emergencies, authorization may be made by telephone. 
The format request, agreement, bond, and authorization will follow. 
Informal records should be also maintained.)

------------------------------------------------------------------------
           Card columns                         Code or data
------------------------------------------------------------------------
1-3...............................  ``AOE''.
4-6...............................  RIC of NICP (lender).
7.................................  Media and status code.
8-22..............................  National stock number.
23-24.............................  Unit of issue.
25-29.............................  Quantity.
30-43.............................  Document number.
(30-35)...........................  DODAAC of the requisitioner, if
                                     applicable, otherwise DODAAC of
                                     accountable property officer
                                     (lender).
(36-39)...........................  Julian date.
(40-43)...........................  Serial number.
44................................  ``N'' for nonrecurring demand.
45-50.............................  Supplemental address (loanee DODAAC)
                                     for DOD units. For non-DOD
                                     activities enter the shipping
                                     destination.
(45)..............................  ``Y''.
(46-49)...........................  Julian date of receipt of loan
                                     request.
(50)..............................  Alphabetic (except I or O)
                                     indicating which loan of the day is
                                     first; e.g., A-first, B-second,
                                     etc.
51................................  ``M''.
52-53.............................  ``G4'' for loans to nonresearch and
                                     development activities. ``G6'' for
                                     loans to research and development
                                     activities.
54-56.............................  Blank.
57-59.............................  Project code if applicable. Note:
                                     This will be the same for all
                                     loans. Project codes will be
                                     assigned by Chief, Logistic Systems
                                     Support Activity, ATTN: DRXLS-LCC,
                                     Chambersburg, PA 17201. It will be
                                     sent by message to all interested
                                     addresses.
60-61.............................  Priority.
62-64.............................  RDD.
65-66.............................  Blank.
67-69.............................  Depot RIC.
70................................  Purpose code.
71................................  Condition code.
72................................  Management code.
73-80.............................  Blank.
------------------------------------------------------------------------

    (2) Loaned property will be kept on the accountable records of the 
owning property account. The entry showing the quantities loaned will be 
supported by DD Form 1348-1 (receipt document), and copies of the loan 
agreement and surety bond (if required). The receipt document must be 
signed by the responsible official of the borrowing activity. It is then 
returned to the accountable property officer as a valid hand receipt for 
property accounting purposes.
    (3) Loans will be processed by accountable property officers 
according to normal supply procedures except as modified by this 
regulation.
    (4) Accountable property officers will keep loan files with enough 
documentation to provide an audit trail for loan transactions and a 
single source of accounting and billing for reimbursement. No separate 
property book accounts will be set up for these loans.

[[Page 298]]

Items, with dates shipped, will be identified by use of ``loan control 
numbers'' in loan jacket files and in supporting documentation. The 
files will include copies of--
    (i) The loan request. If the request was made by telephone (urgent), 
a copy of the Memorandum for Record prepared to summarize the call will 
be used.
    (ii) The loan agreement.
    (iii) The surety bond (with cash, certified check, US treasury 
bonds, or adequate bond from a bonding company).
    (iv) The approving authorization to make the loan.
    (v) DD Form 1348-1 used for shipping the items.
    (vi) A master loan register with the loan control number and 
shipping document number.
    (b) Shipment of loaned materiel. (1) Loaned Army materiel will be 
shipped only to the chief of the borrowing activity or to a designee 
authorized to receive and sign for the materiel. To keep the materiel 
out of unauthorized hands, consignees (receivers) will be advised of the 
items and quantities to be loaned; the source of supply; whether the 
items are to be picked up or shipped; and of shipments made.
    (2) All shipments of loaned equipment will be documented on DOD 
single line item ``release or receipt'' document (DD Form 1348-1). These 
will be initiated by the lending accountable property officer. Packing, 
crating, handling, estimated transportation costs, and serial numbers 
(if applicable) of items shipped will be shown on all copies. The 
consignee will be given advance copies of the DD Form 1348-1 as notice 
of shipment, and a list of DD Form 1348-1 document numbers. For loans to 
non-DOD activities two copies of the certificate below will be prepared 
by the accountable property officer (see fig. 1). It will accompany the 
DD Forms 1348-1.
    ``I certify receipt of and assume responsibility for the Army 
materiel listed on DD Form 1348-1. Control numbers on DD Form 1348-1 
follow. The items were received in good condition except as noted on the 
DD Form 1348-1. Serial numbers have been verified (omit if not 
applicable).''

________________________________________________________________________
Signature of responsible officer
________________________________________________________________________
Typed name of responsible officer
________________________________________________________________________
Address of responsible officer
________________________________________________________________________
Date certificate was signed

                  Figure 1. Sample receipt certificate

    (3) One copy of each signed DD Form 1348-1 (for non-DOD activities, 
one copy of the signed certificate) will be returned to the accountable 
property officer. Also, one copy of each will be kept in the borrower's 
file.
    (4) The installation or depot transportation officer is responsible 
for coordinating movement of the items that must be shipped.
    (5) Shipments, including those to foreign countries, will be made on 
commercial bills of lading (CBL). Freight charges will be paid by the 
borrower. The CBL will cite proper project codes. NOTE: In emergencies 
where use of CBL would delay shipment, government bills of lading (GBL) 
may be used subject to later reimbursement. Shipments to Boy Scout World 
Jamborees in foreign countries will be by GBL unless otherwise specified 
by the Boy Scouts.
    (6) Shipments will be consolidated to the maximum to get the lowest 
charges available.
    (7) Separate shipping instructions will be provided for each 
recipient, convention, jamboree, etc., to ensure correct consignee and 
railhead addresses.
    (8) Transportation will be at no expense to the government. The 
Defense Transportation Services (Military Sealift Command, Military 
Airlift Command, and Military Traffic Management Command) will send all 
billings for such transportation costs to the US Army Finance and 
Accounting Center (USAFAC). The USAFAC will then bill the fiscal station 
servicing the accountable property office that made the loan. This 
fiscal station will then bill the borrower for these transportation 
costs. Army materiel loaned to non-DOD activities is not authorized for 
oversea movement on a space available basis by MSC or MAC without their 
prior approval.
    (c) Receipt of borrowed property. (1) The person authorized to 
receive the materiel (whether shipped or picked

[[Page 299]]

up) will check the quantities received against the quantities shown on 
the DD Form 1348-1. This person will also verify the condition of the 
materiel. Any variation in quantity or condition must be resolved at 
once. If the shortage or damage is not due to a common carrier, the 
borrower will give the accountable property officer the National Stock 
Number, document number, and an explanation of the variation at once. 
This establishes a basis for assessing charges on termination of the 
loan. Replacement shipments, when required, will be covered by a DD Form 
1348-1. All variations will be noted on the reverse side of the bill of 
lading.
    (2) When a DD Form 1348-1 has not been received by the borrower and 
does not accompany the shipment, an informal report will be made to the 
accountable property officer at once. It will include the nomenclature, 
quantities, condition, and if applicable, the model numbers and serial 
number of all material received.
    (3) When shipment has been verified, the borrower (or designee) will 
enter the quantity received on two copies of the DD Form 1348-1. Serial 
numbers will also be entered for serial numbered items. The completed 
copies of the DD Form 1348-1 will be signed by the authorized person. 
One copy of the DD Form 1348-1 and one copy of the signed certificate 
(receipt of the materiel) will be returned to the accountable property 
officer.
    (4) If shipments are received damaged or short, take action 
described in Sec.  623.4(g).
    (d) Accounting by borrower. Non-DOD borrowing activities should 
maintain a system of jacket files. This should include copies of all 
documents that authorize the loan of materiel and relate to loan 
transactions. Such files will insure return of materiel within the 
approved loan period. Files should be retained for audit or any other 
purpose as required. These files may be destroyed upon turn in of the 
borrowed materiel, final completion of accounting, and reimbursement for 
Army costs related to the loan. DOD borrowers will conform to the 
requirements contained in existing regulations.
    (e) Return of borrowed materiel--(1) General. (i) Borrowed materiel 
will be returned to the Army in the condition received, less fair wear 
and tear, unless the terms of agreement specify otherwise.
    (ii) Property for which repair cost is claimed will be held at the 
Army depot or installation until final charges are determined and a 
release is given by respective property officers.
    (iii) Return of materiel loaned to rifle clubs and schools will 
conform with Sec.  623.5.
    (2) Accountable property officer actions. (i) At the end of a loan 
period, recall, or upon notice by the borrower that the loaned materiel 
is no longer needed, the accountable property officer will send a letter 
of instruction to the borrower for return of the materiel. He will 
verify or modify the turn-in instructions provided in the loan 
agreement.
    (ii) These procedures will be used by accountable property officers 
to terminate loans:
    (A) For loans up to 30 days no specific termination action is 
necessary except when materiel is not returned by the loan due date. 
Then, a written loan termination notice will be sent to the borrower. A 
follow-up notice will be sent every 15 days until the materiel is 
returned or other settlement is made.
    (B) For all other loans 15 days before the loan is due, a loan 
termination notice will be sent by the lending activity to the borrower 
verifying (or modifying) the turn-in instructions.
    (C) Follow-up of loan termination notice will be made every 15 days 
until the materiel is returned or other settlement is made.
    (iii) After receiving inspection reports (Sec.  623.4(e)(3)) and 
final shipment receipts, the accountable property officer will clear the 
loan records.
    (iv) The accountable property officer will then advise the borrower 
of the transaction completion by furnishing receipted copies of the 
receiving document(s).
    (v) The accountable property officer will notify the servicing 
finance and accounting office (FAO) of any reimbursement required.
    (3) Actions by the receiving installation, depot, or arsenal. (i) 
The installation,

[[Page 300]]

depot, or arsenal receiving activities will inspect returned materiel.
    (A) If the quantity received differs from the quantity shipped, the 
actual quantity received will be entered on the DD Form 1348-1.
    (B) If the condition of the property differs from that noted on the 
DD Form 1348-1, the variation will be stated.
    (ii) Loaned materiel returned in an unserviceable condition will be 
inspected by qualified technical inspectors at installation level and by 
quality assurance activities at depots to determine condition code.
    (A) If the condition of returned materiel is the same as noted on 
the receipt document or the prepositioned materiel receipt card, the 
item will be processed as a normal receipt.
    (B) If there is a discrepancy in the actual condition of the item or 
in the assigned code on the receipt document, obtain an estimate of 
repair cost and continue normal receipt documentation processing.
    (C) The receiving depot or installation will prepare an Inspection 
and Surveillance Report for each returned item that needs repair. Cards 
will also be prepared for shortages. The cards will include the cost of 
equipment repair or the value of shortage. A minimum of two copies of 
each report will be sent to the proper acountable property officer.
    (f) Loan inventories. (1) If a loan has been approved or extended 
(by the SA) for a period longer than 1 year, the accountable property 
officer will inspect and reconcile loan accounts with the borrower at 
the end of each 12-month period.
    (2) If no discrepancies are noted, the accountable property officer 
will file the signed annual inventory form in the borrower's memorandum 
receipt jacket file.
    (3) If the inventory shows that amounts and kinds of Army materiel 
for which the borrower is responsible differ from that actually in his 
possession, the accountable property officer will--
    (i) For overages, assume accountability for the overages noted on 
the annual inventory form. Use a copy of the annual inventory form as a 
debit voucher to the account. No approval of this voucher is needed.
    (ii) For shortages, act to obtain reimbursement for the value of the 
missing property or to adjust the discrepancy by report of survey.
    (g) Lost, damaged, and destroyed materiel. (1) When loss or damage 
occurs during shipment, DOD and Federal agencies will refer to AR 55-38 
for specific instructions.
    (2) Damage or loss which is the fault of the carrier will be billed 
to the carrier after reconciliation.
    (3) Army materiel lost, damaged, or destroyed while in the 
possession of rifle clubs or schools will be handled as described in 
Sec.  623.5.
    (4) Any Army materiel loaned at the request of an FDAA Regional 
Director which is not returned according to instructions in this chapter 
will be reported to the borrower and to the FDAA Regional Director. The 
latter will arrange for proper reconciliation and reimbursement.



Sec.  623.5  Loan of arms and accouterments.

    (a) General. (1) Loan of arms and accouterments requires special 
processing and handling. Loans to DOD and non-DOD activities will be 
handled as a normal loan according to instructions in this section with 
the added requirement of maintaining serial number visibility. Loans of 
arms and accouterments as included herein are not applicable to Army 
National Guard (ARNG).
    (2) The Commanding General, Armament Readiness Command (ARRCOM) 
(ATTN: DRSAR-MMS) has been designated by Commanding General, Materiel 
Development and Readiness Command (DARCOM), as being responsible for 
keeping a centralized serial number visibility record for all small arms 
made for the Army. ARRCOM maintains accountable property records for 
loans to organizations such as the Director of Civilian Marksmanship 
(DCM); and for loans to non-DOD activities such as the Federal Bureau of 
Investigation (FBI), United States Secret Service (USSS), United States 
Customer Service (USCS); or rifle clubs, educational institutions, and 
veterans' organizations.

[[Page 301]]

    (3) Requests for loan of arms which are type classified standard 
(logistics control code A or B) will be filled with the lowest type 
classified items available.
    (4) Borrowers of Army arms will be fully responsible for the care, 
custody, and proper use of loaned materiel. Physical security measures 
must be equal to or greater than the minimum requirements set forth in 
Army Regulation 190-11 and Army Regulation 190-49.
    (5) If borrowed arms are lost, stolen, or unaccounted for, the 
borrower must inform the lender (accountable property officer), the 
local police, and the FBI within 24 hours after discovery.
    (6) This regulation does not apply to arms issued to Reserve 
Officers Training Corps units under the National Defense Act. Army 
Regulation 710-2 is applicable.
    (b) Loans to civilian activities (other than rifle clubs and 
educational institutions). (1) Arms and accouterments may be loaned by 
the Army to civilian authorities and to civilian activities as follows: 
(Sec.  623.5(c) covers rifle clubs and institutions.)
    (i) For use in protection of public money and property (10 U.S.C. 
4655).
    (ii) Obsolete or condemed rifles (not more than 10), slings, and 
cartridge belts may be loaned to local units of any national veteran's 
organization for use by that unit in ceremonies. (For example, a funeral 
for a former member of the armed forces.) The organization must be 
recognized by the Veterans' Administration (VA) (10 U.S.C. 4683).
    (iii) Arms and accouterments loaned to organizations listed in Sec.  
623.5(c)(1) for a period of 1 year or less will be accounted for by 
ARRCOM. Loans of items that exceed 1 year will be accounted for by the 
DCM under Sec.  623.5(c).
    (2) Requests for loan (or extension of loan) of Army arms and 
accouterments will be sent by requesting agencies through HQDA (DALO-
SMD), (para 2, app B) to the Secretary of the Army. Requests received 
outside of this channel will be returned to the originator for direct 
submission to the address above.
    (3) Requests approved by the Secretary of the Army (or Under 
Secretary) will be sent to ARRCOM, (para 12 app B) Rock Island, IL 
61299, for completion of a formal loan agreement and issue of items.
    (4) Requisitioning, accounting, and reimbursement procedures are 
given in Sec.  623.4. However, upon receipt of signed copies of DD Form 
1348-1 with the listing of verified serial numbers from the consignee, 
the ARRCOM Arms and Accouterments Property Officer will send the 
required transaction data to the DOD Small Arms Serialization Program 
(DODSASP) at ARRCOM. These data will indicate that the small arms on 
loan to other Government agencies are accounted for under DOD Activity 
Address Code W52P41.
    (5) Shipment and returns are described in Sec.  623.4 except as 
follows:
    (i) The responsible property officer for materiel or loan will 
request disposition instructions from the accountable property officer 
when loaned materiel is no longer needed or at the end of the loan 
period. Loaned materiel may be withdrawn from the borrowing activity at 
any time to satisfy military requirements.
    (ii) The accountable property officer will:
    (A) Issue shipping instructions for the return of property to a 
designated installation. The letter of instruction will contain a 
MILSTRIP document number (AR 725-50) for each line item scheduled for 
return to be used for the shipment. The shipper will be directed to cite 
this document number on the shipping document.
    (B) Prepare and submit to the receiving installation a prepositioned 
materiel receipt card (DOD Materiel Receipt Document (DD Form 1486)) 
(Document Identifier DWC) as advance notice of the shipment.
    (1) Exception data will be annotated as follows: ``Return of Loan 
from Other Government Agency--Report Receipt of Arms and Accouterments 
Accountable Property Officer, ATTN: DRSAR-MMD.''
    (2) A copy of the letter of shipping instructions (paragraph 
(b)(5)(ii) of this section) will be inclosed with the prepositioned 
materiel receipt card for information.
    (iii) Upon receipt at the receiving installation, property will be 
inspected

[[Page 302]]

immediately. Cost of repairing unserviceable items and cost of 
replacement, if irreparable, will be determined at time of inspection. 
The MILSTRIP receipt card will be mailed to the accountable property 
officer with estimated damage cost and detailed materiel condition as 
exception data.
    (iv) Upon notification of materiel receipt, the accountable property 
officer will:
    (A) Clear the loan record with a credit entry and process the 
receipt to the inventory records as an increase on hand to asset 
balance.
    (B) Furnish receipted copies of the receiving document to the 
consignor and the responsible property officer closing the transaction.
    (c) Loans to rifle clubs and educational institutions--(1) 
Authorization. Arms and accouterments may be loaned to rifle clubs and 
educational institutions for periods established in table 2-2 under the 
following conditions:
    (i) Rifled arms may be loaned to civilian rifle clubs for promotion 
of marksmanship training among able-bodied US citizens (10 U.S.C. 4308).
    (ii) Arms, tentage, and equipment, as the Secretary of the Army 
deems necessary, may be loaned to an educational institution to provide 
proper military training where there is no ROTC, but there is a course 
in military training prescribed by the Secretary of the Army and there 
are at least 100 physically fit males over 14 years of age (10 U.S.C. 
4651).
    (iii) Magazine rifles and appendages may be loaned to schools having 
a uniformed corps of cadets of sufficient number for target practice. 
Models loaned must not be in use at the time, or needed for a proper 
reserve supply (10 U.S.C. 4652).
    (iv) Ordnance and ordnance stores may be loaned to Washington, DC, 
high schools for military instruction and practice (10 U.S.C. 4653).
    (v) Obsolete ordnance and ordnance stores may be loaned to 
educational institutions and to State soldiers', sailors', and orphans' 
homes for drill and instruction if recommended by the Governor of the 
state or territory concerned (10 U.S.C. 4685).
    (2) Director of Civilian Marksmanship (DCM). The President may 
detail an officer of the Army or Marine Corps as Director of Civilian 
Marksmanship (10 U.S.C. 4307). The DCM is responsible for--
    (i) Control and accountability of Army materiel issued to civilian 
rifle clubs;
    (ii) Policies and procedures for the issue of arms and ammunition to 
civilian rifle clubs; and
    (iii) Ensuring proper bonding of clubs before issue of Army 
materiel. The Secretary of the Army has further made the DCM similarly 
responsible for loans to institutions (schools).
    (3) Property transactions. US Army Armament Materiel Readiness 
Command (ARRCOM) will transfer accountability for materiel shipped to 
civilian rifle clubs and institutions to the DCM. The DCM will keep a 
mission stock record account for these items as shown in Army Regulation 
710-2. In addition, the account will note all property transactions 
between the DCM and civilian rifle clubs and institutions as follows:
    (i) Loan and return of arms and accouterments to (from) civilian 
rifle clubs and institutions will not be posted to the accountable 
record as loss or gain vouchers. They will be posted as ``loan 
transactions'' with the DCM retaining accountability. In addition to 
debit, credit, and adjustment voucher files, the DCM accountable 
property officer will keep a ``loan voucher'' file in two sections; 
e.g., ``active'' and ``terminated.''
    (A) The active section (suspense for items on loan) will contain DD 
Form 1348-1 or a letter acknowledging receipt of the items. (The 
signature of the borrower will be according to paragraph (4) (v) or (vi) 
of this section.) This section will contain a folder for each activity 
serviced by the DCM. The active loan vouchers will be filed in National 
Stock Number and voucher number sequence. This section serves as the DCM 
loan record.
    (B) The terminated section (for items no longer on loan) will 
contain the original loan shipping document (loan voucher). The return 
receipt document which terminates the loan will be attached. The receipt 
document will contain the original shipping document number and the 
return advice code ``IQ.''

[[Page 303]]

    (ii) Shipments of expendable items (e.g., ammunition, targets, etc.) 
will be posted as a credit to the accountable record. Accountability 
will be dropped (These items are deemed to have been consumed at the 
time of issue).
    (iii) Expendable items returned by rifle clubs and institutions will 
be posted to the accountable record as a debit voucher. The DCM will 
determine disposition of these items.
    (4) Requisition procedures. (i) The DCM will prepare requisitions 
based on information from the rifle clubs or institutions. DA Form 1273 
(Requisition for Articles Authorized for Issue to Civilian Rifle Clubs) 
will be used. Two completed copies of the requisition will be sent to 
the requester.
    (ii) The rifle club or institution will complete the form and return 
one signed copy to the DCM, HQDA, Secretary Field Directorate 
Marksmanship (SFDM), (para 7, app B) and keep one copy for file.
    (iii) On receipt of the signed copy of DA Form 1273, the DCM will 
take proper issue action. When more arms are required by the DCM, a DD 
Form 1348 will be prepared and sent to the Secretary of the Army for 
approval (AR 725-50).
    (iv) The supply source responsible for the loan will ship the 
materiel directly to the rifle club or school.
    (v) DD Forms 1348-1 received with the shipment or by mail, will be 
annotated and signed by the person authorized to receive and sign for 
property for the rifle club or school. The quantity and condition of the 
items received will be entered thereon. This entry will be based on a 
physical check and inspection of the materiel. Serial numbers of items 
received (if applicable and not noted) will also be entered. Two of the 
completed copies will be signed by the person authorized to sign for the 
club or institution. They will be mailed to the DCM, HQDA Secretary 
Field Directorate Marksmanship (SFDM). The third completed copy will be 
kept in the unit's file.
    (vi) If a DD Form 1348-1 is not received with the shipment or is not 
received by mail, a receipt letter will be sent to the DCM. It will set 
forth the nomenclature, quantities, condition, and serial numbers (of 
serial-numbered items) of all property received. This letter will be 
sent as soon as possible after receipt of the property. The receipt 
letter will be used by the DCM as a loan voucher. One copy will be 
recorded in the voucher register and placed in the voucher file. The 
loan action will be posted to the DCM stock record account.
    (5) Property returns. When property is returned by civilian rifle 
clubs or institutions, the DCM will prepare seven copies of the DD Form 
1348-1. Five copies will be mailed to the rifle club or institution; one 
will be kept in suspense in the club's or institution's jacket file; and 
one will be sent to the US Army Management Systems Support Agency 
(USAMSSA), Wash., DC 20310, to update the ``rifles intransit program.'' 
The rifle club or institution will enter on the five copies the shipment 
date, how shipped, the quantity shipped, and other necessary data not 
entered by the DCM and distribute the five copies as follows:
    (i) Two copies to the consignee (receiving depot, arsenal, or 
installation). One copy of the DD Form 1348-1 received by the consignee 
will be used to tally the shipment and to account for property received. 
The other copy will be signed by the accountable property officer (or 
representative) and will be sent to the DCM to terminate the open 
receipt in the loan voucher file.
    (ii) One copy with the shipment.
    (iii) One copy to the DCM, HQDA (SFDM), accompanied by the bill of 
lading (where available).
    (iv) One copy retained by the rifle club or institution.
    (6) Lost, damaged, or destroyed property. Loss, damage, or 
destruction of property in the possession of a rifle club or institution 
will be reported within 24 hours by telephone to the DCM (202-693-6460), 
the local police, and the FBI. All public and local laws must be 
complied with. Rifles and other equipment (except ammunition) that 
becomes unserviceable will be reported to the DCM by the club or 
institution. The DCM will give instructions for return of the equipment 
without expense to the government. Any equipment damage or loss that is 
the fault of the club or institution will be determined by a report of 
survey (AR 735-

[[Page 304]]

11). The club or institution must then reimburse the DCM. The DCM may 
replace damaged equipment after reimbursement. Government property lost 
or destroyed without fault or neglect on the club's part will be 
replaced, if replacements are available. The club will pay only shipping 
and handling charges.

[AR 700-131, 45 FR 62038, Sept. 18, 1980; AR 700-131, 61 FR 45890, Aug. 
30, 1996]



Sec.  623.6  Reimbursement for loan of Army materiel.

    (a) Reimbursement policies and procedures--(1) Policies. (i) DA 
elements do not program for costs related to loan of Army materiel.
    (ii) Loans to non-DOD Federal activities are made on the basis that 
there will be no extra cost to the Army. Costs that are in addition to 
normal Army operating expenses will be reimbursed by the borrower. This 
provision will be a part of the loan agreement.
    (iii) In cases of aircraft piracy, civil disturbance, disaster 
relief, or protection of the President or visiting dignitaries, 
emergency support will not be withheld for lack of a formal 
reimbursement agreement. In these cases, the supporting Army element 
will absorb initial costs (within existing fund availability). 
Reimbursement will be coordinated later.
    (iv) Loans made under the provisions of Title 10 U.S.C. 2667 will 
provide that the borrower must pay a fair monetary rental. The fair 
monetary rental will be determined on the basis of prevailing commercial 
rates or computed by sound commercial accounting practices including a 
return on capital investment and administrative cost as well as 
depreciation. Leases made under this code section will include a 
provision establishing the rental cost of the materiel and method of 
payment.
    (v) The Army National Guard (ARNG) is responsible for reimbursement 
of costs, over and above normal DA operating expenses, related to the 
borrowed Army materiel.
    (vi) Support to the United States Secret Service (USSS) will be on a 
reimbursable basis except for costs directly related to protection of 
the President or Vice President. Requests for reimbursement for all 
other support for USSS will be according to AR 37-27.
    (vii) The cost of emergency support will be billed directly to the 
recipient.
    (2) Procedures. (i) The Army accountable property officer handling 
the loan of DLA stock fund items will coordinate DLA billings and 
borrower reimbursement. The borrower can make payment directly to the 
Defense Stock Fund.
    (ii) Installation financial accounting for ``accounts receivable'' 
will conform with Army Regulation 37-108.
    (iii) The finance and accounting office (FAO) supporting the 
supplying accountable property officer will record all charges, 
including accounts receivable of Army Stock Fund offices (or branch 
offices), in separate ledger accounts for each borrower.
    (iv) Charges and collections recorded in each loan account will be 
reported per Army regulations and directives prescribing the reporting 
of the fund status in any current fiscal year.
    (v) Billing will be initiated on Standard Form 1080, and sent to the 
borrower within 30 days of turn-in of materiel and loan termination. For 
loans of arms and accouterments and issue of ammunition pursuant to 10 
U.S.C. 4655, the Standard Form 1080 will be annotated to show that 
collections are to reimburse DA appropriations.
    (vi) Special appropriations established to support disaster relief 
will be used promptly by Army commanders concerned to ensure that all 
direct expenses are charged to the special appropriation. Exclude those 
charges subject to reimbursement by the American National Red Cross 
(ANRC). ANRC reimburses for supplies, materiel, and services for which 
they are responsible in the disaster area.
    (b) Reimbursable costs. Unless specifically stated, borrowing 
agencies, authorities, and activities will reimburse the Army for all 
costs related to loan of Army materiel to include but not limited to the 
following:
    (1) Any overtime pay and pay of additional civilian personnel 
required to accompany, operate, maintain, or safeguard borrowed 
equipment.
    (2) Travel and per diem expenses of Army personnel (military and 
civilian).

[[Page 305]]

    (3) Packing, crating, handling, and shipping from supply source to 
destination and return. This includes port loading and off loading.
    (4) All transportation including return for repair or renovation.
    (5) Hourly rate for the use of Army aircraft.
    (6) Petroleum, oil, and lubricants (POL) (including aviation fuel).
    (7) The cost of materiel lost, destroyed, or damaged beyond 
economical repair except for Army aircraft, motor vehicles, or motor 
craft used in connection with aircraft piracy.
    (8) Utilities (gas, water, heat, and electricity). Charges will be 
based on meter readings or other fair method.
    (9) Any modification or rehabilitation of Army real property which 
affects its future use by DA. In such cases the borrower will also bear 
the cost of restoring the facility to its original form.
    (10) Repair/overhaul of returned materiel. Renovation and repair 
will conform with agreement between the Army and the borrower. (See 
paragraph (e)(1) of this section.)
    (11) Repair parts used in maintenance or renovation.
    (12) Price decline of borrowed stock fund materiel at which returned 
property can be sold.
    (c) Nonreimbursable costs. The following costs are normal operating 
expenses of the Army for which no reimbursement is required:
    (1) Regular pay and allowances of Army personnel (except travel) and 
per diem costs.
    (2) Administrative overhead costs.
    (3) Annual and sick leave, retirement, and other military or 
civilian benefits except as provided in certain cases; e.g., Army 
Industrial Fund regulations.
    (4) Telephone, telegram, or other electrical means used to 
requisition items, replenish depot stocks, or coordinate the loan.
    (5) Charges for the use of Army motor vehicles and watercraft except 
POL and per diem costs (paragraph (b) of this section).
    (6) The use of real property (except as required for utilities, 
modification, etc.).
    (d) Funding records. (1) Records of all costs (other than normal 
operating expenses), related to loans of Army materiel, will be kept at 
the accountable property officer level by the supporting finance and 
accounting office. This will be done within existing Army financial 
accounting systems.
    (2) Separate subsidiary general ledger accounts and/or files of 
documents showing the total value of all issues and materiel returned 
for credit, and supporting documentation will be set up by the finance 
and accounting office. The accounts will be kept current for each loan 
action so reports may be made as prescribed; and so that accounts 
receivable can be processed for billing and collection action.
    (e) Determination of charges and settlement. (1) Returned materiel 
will be promptly classified by a qualified inspector with action as 
follows:
    (i) Materiel classified as unserviceable, uneconomically reparable 
will be billed at 100 percent of value.
    (ii) Materiel classified as unserviceable, economically reparable 
will be billed for reduced utility (if appropriate) as well as for 
repair/overhaul costs.
    (iii) The depreciation of borrowed materiel will be determined by 
technical inspectors according to Army Regulation 735-11. When qualified 
inspectors are not available, returned property will be received with 
``condition'' shown as ``subject to final classification by DA.'' 
Accountable property officers will complete classification promptly so 
charges and billing can be made within 30 days of return of materiel.
    (2) All returned property which needs repair will be examined by a 
technical inspector to find cost of repair. Then the accountable 
property officer will prepare a property transaction record with 
supporting documents. These records will be sent to the proper MACOM 
commander or CINC of UCOM for final review. They will include--
    (i) A statement on the transaction record identifying the financial 
account to which the reimbursement money is to be deposited.
    (ii) A statement on the transaction record (if appropriate) as 
follows: ``The losses and/or damages shown on the

[[Page 306]]

Property Transaction Record in the amount of $______ represent the total 
claim by the US Army for property loaned to ________________. Upon 
settlement and deposit to the proper account, lender releases the 
________________ from further obligations.''
    (iii) A description of the type and degree of repair (separate 
addendum).
    (3) After the final review, an approved list of charges will be sent 
to the servicing finance office for collection. The property will be 
released for repair and returned to stock.
    (4) The finance office will send a letter to the borrower requesting 
payment (payable to the Treasurer of the United States). Upon payment, 
collection documents will be prepared and fiscal accounts credited. The 
MACOM or UCOM Surgeon will ensure the stock fund is reimbursed for 
expendable medical supply losses reported.
    (5) The finance office will advise the loaning accountable property 
officer that settlement has been made. Property transaction records will 
be closed.
    (6) The approving authority will then return the bond to the 
borrower.
    (7) The value of supplies and equipment returned to the Army will be 
credited to the account originally debited at the time of issue. FDAA 
Regional Directors may find that it is not in the public interest to 
return borrowed materiel that has not been consumed, lost, or damaged. 
They will negotiate with the CONUS Army concerned for proper 
reimbursement for the borrowed materiel not returned.
    (f) Delinquent and uncoolectible accounts. (1) In cases of 
unsatisfactory settlement, bond proceeds will be used to satisfy the 
claim.
    (2) If this does not settle the account, then 6 months after the 
final report and after all collection efforts have failed--
    (i) Servicing finance offices will send delinquent ``accounts 
receivable'' reports to commanders of CONUS Armies and DARCOM readiness 
commands, and to CINCs of UCOMs, by forwarding--
    (A) Duplicate copies of Standard Form 1080 billing documents showing 
complete accounting classification to which reimbursement is to be 
credited.
    (B) Duplicate copies of all supporting documents.
    (C) One copy of any correspondence showing the reason(s) for 
nonpayment of the account.
    (ii) The CONUS Army Commanding General, CINC of UCOM, or Commanding 
Generals of DARCOM Materiel Readiness Commands, will also try to collect 
for these delinquent accounts. If all efforts fail, these accounts, 
(with any delinquent accounts applicable to billings initiated within 
their own headquarters) will be sent to the Director of Comproller 
Systems, HQDA (DACA-BUS). (Para 1, app B). The letter of transmittal 
will state that the accounts are transferred according to this 
regulation. A copy will be sent to the FAO handling the accounts. The 
FAO will then transfer the account to inactive status. A Standard Form 
1017G (Journal Voucher) will be prepared showing a debit to account 3052 
(Transfer of Accounts Receivable) and a credit to the proper accounts 
receivable.
    (iii) Appropriations available to the accountable property officer 
or installation will be used for reimbursing; e.g., the Army Stock Fund 
or Army Industrial Fund accounts. Any later reimbursements received will 
be credited to the Army appropriation from which payment was made.
    (3) Upon receipt of the accounts included in paragraph (f)(2) of 
this section, the Comptroller, HQDA (DACA-BUS), will take further 
collection action under normal operating procedures. All later 
collection action is the responsibility of the Comptroller. Accounting 
records and reports will conform with normal procedures. When further 
collection effort by the Comptroller fails, these accounts will be 
dropped from receivable balances of the Army. They will be referred to 
the General Accounting Office (GAO).



Sec.  623.7  Reports.

    (a) General. Reports of Army materiel loaned to non-DOD activities 
must be forwarded as described below.
    (b) Aircraft piracy. (1) Commands and agencies providing aircraft 
piracy support will initially report through command channels by 
telephone to the HQDA, (DAMO-ODS). (Para 4, app B.)

[[Page 307]]

Confirmation will be made by electrically transmitted message to HQDA, 
ATTN: DAMO-ODS. These reports are exempt from reports control under Army 
Regulation 335-15. Initial reports will include all available details. 
Following is a guide for content of reports.
    (i) Supporting unit.
    (ii) Home station of supporting unit.
    (iii) Support provided and duration of requirement.
    (iv) Changes, if any, in support requested or duration of 
requirement as made by the Federal civil official in charge.
    (v) Additional remarks.
    (2) A final report noting termination of support will be made.
    (c) Civilian rifle clubs and schools. (1) Each affiliated club and 
institution (schools) must file an annual report (DA Form 1277, Annual 
Statistical Report of Civilian Rifle Club) on the anniversary date of 
the loan with the DCM.
    (2) A roster of club members will list each member required to fire 
annually. It will include the full name, address, and age; the DCM 
course; score; and the date the member fired for record.
    (3) A description of the club's procedures and facilities for 
safekeeping arms and ammunition will be appended to the roster of club 
members.
    (d) Civil disturbances. (1) Requests to meet civil disturbances are 
of two types:
    (i) Type I--Requests to meet an urgent need during an actual 
disorder.
    (ii) Type II--Requests in anticipation of an imminent civil 
disorder.
    (2) Approving authorities, other than the Secretary of the Army, 
will prepare reports (RCS DD-A(AR)1112) on all requests for loan of Army 
materiel to support civil disturbances. The reports will be sent within 
2 working days after receipt of the request. They will be prepared in 
the format shown in Army Regulation 500-60. They will also serve as 
``the request'' when no other written request is available.
    (3) The reports will be sent to the (HQDA (DAMO-ODS)). When reports 
are received from unified or specified commands, ODCSOPS will send an 
information copy to the Joint Chiefs of Staff (JCS) National Military 
Command Center (NMCC).
    (4) The Secretary of the Army will send information copies of civil 
disorder reports to the DOD General Counsel and the US Deputy Attorney 
General.
    (5) Reports of civil disturbance operation costs (RCS DD-A(AR)1112) 
also will be prepared as shown in Army Regulation 500-60.
    (e) Disaster assistance. When Army materiel is loaned in support of 
disaster assistance, CONUS Army Commanding Generals and UCOM CINCs will 
send reports as follows:
    (1) Initial reports. Initial reports will be made by telephone to 
the Commanding General, FORSCOM (AUTOVON 588-3912), who will, in turn, 
telephone the report to the Military Support Division, ODCSOPS, AUTOVON 
225-2003 or 7045). This will be followed within 12 hours by a Tempest 
Rapid Materiel Report in message form and sent electrically. The message 
report will be prepared according to Army Regulation 500-60.
    (2) Daily message reports. Tempest Rapid Daily Materiel Reports of 
Army materiel loaned to support disaster relief will also be sent by 
electrically transmitted message. The reports will cover the 24-hour 
period from 0601Z to 0600Z. The reports must arrive at the HQDA (DAMO-
ODS), no later than 1100Z the same day. Daily reports will be sent 
according to the format in Army Regulation 500-60 except that part III 
will not be included. Also, ``no change reports'' may be made by 
telephone. On the day of the last daily message report include the words 
FINAL DAILY REPORT in the subject line.
    (3) Final reports. In addition to the final Tempest Rapid Daily 
Materiel Report, a final report on military assistance provided will be 
sent within 45 working days of termination of disaster assistance. The 
CONUS Army Commanding General will send the report by 1st Class Mail 
through the Commanding General, FORSCOM, to the HQDA (DAMO-ODS). The 
final report will include--
    (i) An historic account of the disaster.
    (ii) Cumulative totals of support given.

[[Page 308]]

    (iii) A statement of accomplishments.
    (iv) Actual or estimated expenses excluding costs incurred by the 
Corps of Engineers under Pub. L. 84-99. Costs will be reported by 
Service by appropriation, using three columns to identify normal costs, 
incremental costs, and total costs.
    (v) The status of reimbursements requested from borrowing Federal 
agencies, and civilian authorities and activities. If reimbursement has 
not been completed by the date of the final report, a separate cost 
report will be sent upon final reimbursement payment.
    (vi) Lessons learned.
    (4) Information copies. Information copies of all reports will be 
sent to the proper HUD Regional Directors for FDAA and DCPA Regional 
Offices.
    (5) Additional information. Additional information may be needed by 
Federal officials. Normally, such requests will be telephoned by ODC 
SOPS Military Support Division to the Commanding General, FORSCOM.
    (6) Pollution spills. The Commanding General, FORSCOM, will report 
committal of Army resources to the HQDA (DAMO-ODS), by the fastest 
means. Daily and final Tempest Rapid Materiel Reports will be sent with 
``not applicable'' shown in paragraphs 8, 9, and 10 of the report.
    (f) Drugs and Narcotics Interdiction Program. (1) Army staff 
agencies will submit monthly status reports of actions that support this 
program. The reports will be as of the last day of June and December, 
respectively. Reports will be sent to HQDA (DAMO-ODS), 4 working days 
after the end of the designated months. Reports will summarize all 
support during the period to include pending or terminated support plus 
estimated cost of items.
    (2) Based on information received in these reports, ODCSOPS will 
prepare a report of the drug and narcotics interdiction assistance given 
by the Army. This report will be sent through the Army Chief of Staff to 
the Secretary of the Army.
    (g) United States Secret Service (USSS). Army commands and agencies 
providing materiel support (routine or urgent) to the USSS will report 
any significant problems or deviation from the approved request at once. 
Reports will be telephoned through command channels.
    (h) Other reports. Active Army accountable property officers will 
make semiannual reports on open loans. The reports will be prepared as 
of the last day of July and December. They will be sent by the 15th day 
of the following month. These reports will include the items on loan, 
quantity, dollar value, and duration of the loans. The reports will be 
sent to the approving authority.



            Sec. Appendix A to Part 623--Explanation of Terms

As used in this regulation, the following explanation of terms apply:
Accouterments. Equipment that is associated with small arms 
characterized as personal and individual that is available from Army 
stocks.
Approving authority. The person (or designee) authorized to approve 
specific types of loans of Army materiel. (See table 2-1 and app B.)
Arms. Weapons for use in war.
Civil authorities. Those elected and appointed public officials and 
employees who govern the 50 States, District of Columbia, Commonwealth 
of Puerto Rico, US possessions and territories, and governmental 
subdivisions thereof.
Civil defense. All those activities and measures designed or undertaken 
to:
    a. Minimize the effects upon the civilian population caused, or 
which would be caused, by an enemy attack upon the United States.
    b. Deal with immediate emergency conditions which would be created 
by any such attack.
    c. Effect emergency repairs to, or the emergency restoration of, 
vital utilities and facilities destroyed or damaged by any such attack 
(JCS Pub 1).
Community relations program. A program of action, to earn public 
understanding and acceptance, conducted at all levels of military 
command wherever stationed. The program includes participation in public 
events, humane acts, and cooperation with public officials and civil 
leaders (AR 360-61).
Defense Civil Preparedness Agency (DCPA). A defense department agency 
responsible for plans and preparations for civil defense and assistance 
to local governments in disaster relief planning.
Department of Housing and Urban Development (HUD). The Federal 
department responsible for directing and coordinating Federal assistance 
for major disasters on behalf of the President.

[[Page 309]]

Domestic action program. A program of assistance to local, State, and 
Federal agencies for the continued improvement and development of 
society (AR 28-19 and para 4-10, AR 360-61).
Emergency. Any catastrophe in any of the United States which in the 
determination of the President requires Federal supplementary emergency 
assistance.
Emergency medical treatment. The immediate application of medical 
procedures to wounded, injured, or sick, by trained professional medical 
personnel.
Executive agent. That individual or his designee authorized to act as 
the US Government's agent in making certain loans of government 
materiel. The President of the United States has delegated to the 
Secretary of the Army (or to his designee, the Under Secretary of the 
Army) authority, as Executive Agent, to approve certain loans of DOD 
materiel to non-DOD activities. (See table 2-1.) Other ``approving 
authorities'' act as ``Executive Agents'' for the US Government, but do 
not have that title.
Federal agency. Any department, independent establishment, government 
corporation, or other agency of the executive branch of the Federal 
Government, except the ANRC.
Federal Coordinating Officer (FCO). The person appointed by the 
President to operate under the HUD Regional Director for Federal 
Disaster Assistance Administration to coordinate Federal assistance in 
Presidentially declared emergency or major disaster.
Federal Disaster Assistance Administration (FDAA). The agency within HUD 
delegated the disaster relief responsibilities previously assigned to 
the Office of Emergency Preparedness.
Federal function. Any function, operation, or action carried out under 
the laws of the United States by any department, agency, or 
instrumentality of the United States or by an officer or employee 
thereof.
Federal property. That property which is owned, leased, possessed, or 
occupied by the Federal Government.
Imminent serious condition. Any disaster or civil disturbance which is 
of such severity that immediate assistance is required to save human 
life, prevent immediate human suffering, or reduce destruction or damage 
to property.
Local government. Any county, parish, city, village, town, district, 
Indian tribe or authorized tribal organization, Alaska native village or 
organization, or other political subdivision of any State.
Major disaster. Any hurricane, tornado, storm, flood, high water, wind-
driven water, tidal wave, earth-quake, drought, fire, or other 
catastrophe which, in the determination of the President, is or 
threatens to be off sufficient severity and magnitude to warrant 
disaster assistance by the Federal Government. This assistance 
supplements the efforts and available resources of States, local 
governments, and relief organization in alleviating the damage, loss, 
hardship, or suffering caused thereby.
Objective area. A specific geographical location where a civil 
disturbance or disaster is occurring or is anticipated.
Routine requests. Requests resulting from situations which are 
reasonably predictable or do not require immediate action to prevent or 
reduce loss of life, property, or essential services. Reduced efficiency 
of the requester's operation is not in itself grounds for classifying a 
request higher than routine.
Small arms. Hand and shoulder weapons for use in war.
Surety bond. A bond, including dollar deposit, guaranteeing performance 
of a contract or obligations.
Terrorist incident. A form of civil disturbance which is a distinct 
criminal act committed or threatened to be committed by a group or 
single individual in order to advance a political or other objective, 
thus endangering safety of individuals or property. This definition does 
not include aircraft piracy emergencies.
Threatened major disaster. Any hurricane, tornado, storm, flood, high 
water, wind-driven water, tidal wave, earthquake, drought, fire, or 
other catastrophe which, in the determination of the Administrator, 
FDAA, threatens to be of severity and magnitude sufficient to warrant 
disaster assistance by the Federal Government. This assistance will be 
used to avert or lessen the effects of such disaster before its actual 
occurrence.
Urgent requests. Those resulting from unforeseeable circumstances, civil 
disturbances, civil defense needs, aircraft piracy, secret service 
requirements, and disasters when immediate action is necessary to 
prevent loss of life, physical injury, destruction of property, or 
disruption of essential functions.
Youth groups. Youth groups are groups such as the Boy Scouts of America; 
Girl Scouts of the United States of America; Civil Air Patrol; Camp Fire 
Girls, Incorporated; The Boy's Club of America; Young Men's Christian 
Association; Young Women's Christian Association; Four H Clubs; and 
similar groups.

[[Page 310]]



  Sec. Appendix B to Part 623--Approving Authority Addresses/Telephone 
                                Numbers *

B-1. HQDA (DACA-BUS), WASH DC 20310, Telephone: AUTOVON 225-6336, WATS 
202-695-6336;
---------------------------------------------------------------------------

    * Telephone numbers are provided for principal loan approving 
authorities and agencies responsible for specific loans IAW table 2-1.
---------------------------------------------------------------------------

B-2. HQDA (DALO-SMD), WASH DC 20310, Telephone: AUTOVON 227-5960, WATS 
202-697-5960;
B-3. HQDA (DALO-SMW), WASH DC 20310, Telephone: AUTOVON 227-3159, WATS 
202-697-3159;
B-4. HQDA (DAMO-ODS), WASH DC 20310, Telephone: AUTOVON 225-2003, WATS 
202-695-2003;
B-5. HQDA (NGB-ZA), WASH DC 20310, Telephone: AUTOVON 227-2430, WATS 
202-697-2430;
B-6. HQDA (DASG-HCL), WASH DC 20310, Telephone: AUTOVON 227-8286, WATS 
202-697-8286;
B-7. Director, Civilian Marksmanship (SFNB) Room 1E-OM3, West Forrestal 
Building, 1000 Independence Avenue, SW., Telephone: AUTOVON 223-6460, 
WATS 202-693-6460;
B-8. Commander in Chief, US Army, Europe and Seventh Army, APO New York 
09403;
B-9. Commander, First US Army, Fort George G. Meade, MD 20755, 
Telephone: AUTOVON 923-7500, WATS 301-677-7500;
B-10. Commander, Fifth US Army, Fort Sam Houston, TX 78234, Telephone: 
AUTOVON 471-4707, WATS 512-221-4707;
B-11. Commander, Sixth US Army, Presidio of San Francisco, CA 94129, 
Telephone: AUTOVON 486-4110, WATS 415-561-4110;
B-12. Commander, US Army Armament Materiel Readiness Command, ATTN: 
DRSAR-MMS, Rock Island, IL 61229;
B-13. Commander, US Army Armament Research and Development Command, 
Dover, NJ 07801;
B-14. Commander, US Army Aviation Research and Development Command, PO 
Box 209, St. Louis, MO 63177;
B-15. Commander, US Army Communications and Electronics Materiel 
Readiness Command, Fort Monmouth, NJ 07703;
B-16. Commander, US Army Communications Research and Development 
Command, Fort Monmouth, NJ 07703;
B-17. Commander, US Army Communications Security, Logistics Agency, 
ATTN: SELCL-NICP-IM, Fort Huachuca, AZ 86513;
B-18. Commander, US Army Forces Command, Fort McPherson, GA 30330, 
Telephone: AUTOVON 588-2694, WATS 404-752-2694;
B-19. Commander, US Army Health Services Command, Fort Sam Houston, TX 
78234;
B-20. HQDA (DAMH-HS), WASH DC 20314;
B-21. Commander, US Army Military District of Washington, Fort Leslie J. 
McNair, Washington, DC 20319;
B-22. Commander, US Army Missile Materiel Readiness Command, Redstone 
Arsenal, AL 35809;
B-23. Commander, US Army Missile Research and Development Command, 
Redstone Arsenal, AL 35809;
B-24. Commander, US Army Security Assistance Center, ATTN: DRSAC, 5001 
Eisenhower Avenue, Alexandria, VA 22333, Telephone: AUTOVON 284-9638, 
WATS 202-274-9638;
B-25. Commander, US Army Tank-Automotive Materiel Readiness Command, 
Warren, MI 48090;
B-26. Commander, US Army Tank-Automotive Research and Development 
Command, Warren, MI 48090;
B-27. Commander, US Army Test and Evaluation Command, Aberdeen Proving 
Ground, MD 21005;
B-28. Commander, US Army Training and Doctrine Command, Fort Monroe, VA 
23651, Telephone: AUTOVON 680-3112, WATS 804-727-3112;
B-29. Commander, US Army Troop Support and Aviation, Materiel Readiness 
Command, 4300 Goodfellow Boulevard, St. Louis, MO 63120.

[[Page 311]]



Sec. Appendix C to Part 623--Agreement for Loan of US Army Materiel (DA 
                              Form 4881-R)
[GRAPHIC] [TIFF OMITTED] TC24OC91.013


[[Page 312]]


[GRAPHIC] [TIFF OMITTED] TC24OC91.014


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[GRAPHIC] [TIFF OMITTED] TC24OC91.015


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[GRAPHIC] [TIFF OMITTED] TC24OC91.016


[[Page 315]]


[GRAPHIC] [TIFF OMITTED] TC24OC91.017

[GRAPHIC] [TIFF OMITTED] TC24OC91.018


[[Page 316]]





 Sec. Appendix D to Part 623--Certificate for Signature by an Alternate 
                           (DA Form 4881-1-R)
[GRAPHIC] [TIFF OMITTED] TC24OC91.019


[[Page 317]]


[GRAPHIC] [TIFF OMITTED] TC24OC91.020


[[Page 318]]





       Sec. Appendix E to Part 623--Surety Bond (DA Form 4881-3-R)
[GRAPHIC] [TIFF OMITTED] TC24OC91.021


[[Page 319]]


[GRAPHIC] [TIFF OMITTED] TC24OC91.022


[[Page 320]]


[GRAPHIC] [TIFF OMITTED] TC24OC91.023


[[Page 321]]





    Sec. Appendix F to Part 623--Power of Attorney (DA Form 4881-4-R)
[GRAPHIC] [TIFF OMITTED] TC24OC91.024


[[Page 322]]


[GRAPHIC] [TIFF OMITTED] TC24OC91.025


[[Page 323]]





       Sec. Appendix G to Part 623--Continental US Army Boundaries
[GRAPHIC] [TIFF OMITTED] TC24OC91.026



                 Sec. Appendix H to Part 623--References

AR 1-4 Deployment of DA Resources in Support of the US Secret Service.
AR 15-17 Army Representation on Office of Preparedness; General Service 
Administration (OP/GSA) Regional Field Boards in Crisis Management 
Operations.
AR 28-19 Department of the Army Domestic Action Program.
AR 34-1 United States Army Participation in International Military 
Rationalization/Standardization/Interoperability (RSI) Programs.
AR 37-27 Accounting Policy and Procedures for Intragovernment, 
Intradefense; and Intra-Army Transactions.
AR 37-44 Accounting Procedures for Guaranteed Loans.

[[Page 324]]

AR 37-48 Accounting and Reporting for Materiel, Services, and Facilities 
Furnished Allied Governments and International Organizations Under 
Emergency or Combat Conditions.
AR 37-60 Pricing for Materiel and Services.
AR 37-111 Working Capital Funds--Army Stock Fund; Uniform Policies, 
Principles, and Procedures Governing Army Stock Fund Operations.
AR 58-1 Management acquisition and use of administration use motor 
vehicles.
AR 130-44 Logistical Policies for Support.
AR 190-11 Physical Security of Weapons, Ammunition, and Explosives.
AR 190-49 Physical Security of Arms, Ammunition, and Explosives In-
Transit.
AR 210-55 Funding Support for Morale, Welfare and Recreational Programs, 
and Facilities.
AR 230-1 The Nonappropriated Fund System.
AR 350-7 Training and Evaluation of Forces for Civil Disturbances.
AR 360-61 Army Information--Community Relations.
AR 500-1 Aircraft Piracy Emergencies.
AR 500-2 Search and Rescue (SAR) Operations.
AR 500-50 Civil Disturbances.
AR 500-60 Disaster Relief.
AR 500-70 Military Support of Civil Defense.
AR 525-90 Wartime Search and Rescue (SAR) Procedures.
AR 700-32 Logistic Support of US Nongovernmental, Nonmilitary Agencies, 
and Individuals in Oversea Military Commands.
AR 700-49 Loan of DSA Stock Fund Materiel.
AR 700-83 Army Support of United Seamen's Service.
AR 710-1 Centralized Inventory Management of the Army Supply System.
AR 710-2 Materiel Management for Using Units, Support Units, and 
Installations.
AR 725-1 Requisition and Issue of Supplies and Equipment--Special 
Authorization and Procedures for Issues, Sales, and Loans.
AR 725-50 Requisitioning, Receipt, and Issue System.
AR 735-5 Property Accountability--General Principles, Policies, and 
Basic Procedures.
AR 735-11 Accounting for Lost, Damaged, and Destroyed Property.
AR 795-25 Policies, Responsibilities, and Principles for Supply Support 
Arrangements.
AR 795-204 Policies and Procedures for Furnishing Defense Articles and 
Services on a Sale or Loan Basis.
AR 870-15 Historical Activities, Army Art Collection.
AR 870-20 Historical Activities, Historical Properties and Museums.
AR 920-15 National Board for the Promotion of Rifle Practice and Office 
of Director of Civilian Marksmanship.
AR 920-20 Civilian Marksmanship--Promotion of Practice with Rifled Arms.
AR 920-25 Rifles M14M and M14N for Civilian Marksmanship Use.
AR 930-5 Service Organizations--American National Red Cross Service 
Program and Army Utilization.
FM 20-150 Combatives.
MOU, 25 Apr 75, between DOD and Department of Agriculture and the 
Interior.
MOU, 24 Jun 75, between DOD and the American National Red Cross for 
Military Support.

                        PARTS 626	629 [RESERVED]

[[Page 325]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 327]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2023)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

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     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)
        LX  Federal Communications Commission (Parts 6000--6099)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)

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      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)

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    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)

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      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]

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      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), Department of Agriculture (Parts 200--
                299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999)[Reserved]

[[Page 333]]

         X  Consumer Financial Protection Bureau (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)

[[Page 334]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

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                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 336]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 337]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

[[Page 338]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance

[[Page 339]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 340]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 341]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 342]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99).
            Subtitle E [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 343]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 344]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)

[[Page 345]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 346]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 347]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2023)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 348]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 349]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 350]]

Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Permitting Improvement Steering Council   40, IX
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 351]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 352]]

Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 353]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 354]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI

[[Page 355]]

  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X; 5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 357]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2018 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2018

32 CFR
                                                                   83 FR
                                                                    Page
Chapter V
508 Removed........................................................43525
518 Removed........................................................17295
538 Removed........................................................26841
571 Removed........................................................47284

                                  2019

32 CFR
                                                                   84 FR
                                                                    Page
Chapter V
Chapter V
504 Removed........................................................59723
505 Removed........................................................46682
542 Removed.........................................................9962
552.16 (Subpart A) Removed.........................................16402
552.140--552.145 (Subpart K) Removed...............................16402
552.180--552.185 (Subpart N) Removed...............................16402
553 Heading and authority citation revised.........................45408
553.1--553.35 Designated as Subpart A; heading added...............45408
553.10 (c) amended.................................................45408
553.12 (b)(4)(iv) and (v) amended; (b)(5) added....................45408
553.28 (a) amended.................................................45408
553.36--553.49 (Subpart B) Added...................................45408
562 Removed.........................................................9962
584 Removed........................................................60916

                                  2020

32 CFR
                                                                   85 FR
                                                                    Page
Chapter V
589 Removed........................................................64966
625 Policy statement...............................................51645

                                  2021

32 CFR
                                                                   86 FR
                                                                    Page
Chapter V
507 Revised........................................................54616
575 Removed........................................................15408

                                  2022

                       (No regulations published)

                                  2023

   (Regulations published from January 1, 2023, through July 1, 2023)

32 CFR
                                                                   88 FR
                                                                    Page
Chapter V
555 Removed........................................................24480


                                  [all]