[Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
[Notices]
[Page 50285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24480]



[[Page 50285]]

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DEPARTMENT OF DEFENSE

Claims Settlement Authority Issuance to Defense Office of 
Hearings and Appeals

AGENCY: Department of Defense, Defense Office of Hearings and Appeals.

ACTION: Notice.

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SUMMARY: The Legislative Branch Appropriations Act of 1996 transferred 
to the Director of the Office of Management and Budget (OMB) the 
Comptroller General's authority to settle claims. The OMB Director 
subsequently delegated the authorities listed below to the Department 
of Defense (DOD). The Secretary of Defense further delegated this 
authority to the Defense Office of Hearings and Appeals (DOHA). This 
notice announces DOHA's intent to issue regulations implementing this 
new authority in the near future and that, in the meantime, that DOHA 
will use the procedures and practices applicable to the claims before 
the effective date of the transfer of authority, June 30, 1996, which 
are published in title 4, Code of Federal Regulations, Chapter 1, 
Subchapter C.

EFFECTIVE DATE: September 25, 1996.

ADDRESSES: Comments may be mailed to the Defense Legal Services Agency, 
Defense Office of Hearings and Appeals, Chief, Claims Division, P.O. 
Box 3656, Arlington, VA 22303.

FOR FURTHER INFORMATION CONTACT:
Michael Hipple, Chief, Claims Division, 703-696-8524.

SUPPLEMENTARY INFORMATION: Pursuant to the Legislative Branch 
Appropriations Act of 1996, most of the claims settlement functions of 
the U.S. General Accounting Office were transferred to the Director of 
OMB. See Sec. 211, Pub. L. 104-53, 109 Stat. 535. Subsequently, the 
Acting Director delegated these functions to various components within 
the Executive branch in a determination order dated June 28, 1996. This 
order delegated to the Department of Defense the authority to settle 
the following classes of claims against the United States:
    a. Claims related to uniform services members' pay, allowances, 
travel, transportation, retired pay, and survivor benefits;
    b. Claims by transportation carriers for amounts collected from 
them for loss and damage incurred to property incident to shipment at 
Government expense;
    c. Claims for proceeds of sale of unclaimed property coming into 
the custody or control of the Army, Navy, Air Force or Coast Guard;
    d. Final settlements of accounts of members of the Armed Forces, 
including the National Guard;
    e. Reports on disposition of the effects of deceased members of the 
Army and Air Force for settlement under 10 U.S.C. 2771, 10 U.S.C. 4712 
and 9712;
    f. Claims for the proceeds of the sale of motor vehicles and items 
of household goods and personal property of members of the Uniformed 
Services reported dead, injured, ill or absent for a period of more 
than 29 days in a missing status;
    g. Claims for the proceeds from the disposition of effects of 
deceased residents of the Armed Forces Retirement Home; and
    h. Claims arising from DOD activities cognizable under 31 U.S.C. 
3702, not otherwise delegated by the Director, OMB.
    Effective September 4, 1996, the Secretary of Defense further 
delegated the authority to DOHA.
    Before the effective date of the transfer, these claims were 
subject to the procedures prescribed by the Comptroller General at 4 
C.F.R. Chapter 1, Subchapter C (1996). Until DOHA issues its own 
regulations implementing its new claims authority, DOHA's policy will 
be to apply these procedures and the U.S. General Accounting Office's 
practices to claims submitted to DOHA for settlement. As an exception, 
the authority to issue decisions in review of settlements will be 
exercised by a Claims Appeals Board on behalf of the Secretary of 
Defense.
    For each of the types of claims described above, claimants should 
submit their claims to the agencies out of whose activity the claim 
arose and it is the agency's responsibility to forward the claim to 
DOHA with its comments. Claimants may submit their claims directly to 
DOHA. However, claimants are advised that submitting their claims 
directly to DOHA may delay consideration of their claims because DOHA 
will not settle a claim without first notifying the agency of the claim 
and requesting an administrative report from the agency. Claims should 
be sent to: Defense Legal Services Agency, Defense Office of Hearings 
and Appeals, Chief, Claims Division.

    Dated: September 19, 1996.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-24480 Filed 9-24-96; 8:45 am]
BILLING CODE 5000-04-M