PART 281—SETTLING PERSONNEL AND GENERAL CLAIMS AND PROCESSING ADVANCE DECISION REQUESTS Authority: 10 U.S.C. 2575, 2771, 4712, 9712; 24 U.S.C. 420; 31 U.S.C. 3529, 3702; 32 U.S.C. 714; 37 U.S.C. 554. Source: 71 FR 57426, Sept. 29, 2006, unless otherwise noted. § 281.1 Purpose. This part establishes policy and assigns responsibilities for settling personnel and general claims (under 31 U.S.C. 3702; 10 U.S.C. 2575, 2771, 4712, and 9712; 24 U.S.C. 420; 37 U.S.C. 554, and 32 U.S.C. 714) and for processing requests for an advance decision under 31 U.S.C. 3529. § 281.2 Applicability and scope. This part applies to: (a) The Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter referred to collectively as “the DoD Components”). (b) The Coast Guard, when it is not operating as a Service in the Navy under agreement with the Department of Homeland Security, and the Commissioned Corps of the Public Health Service (PHS) and the National Oceanic and Atmospheric Administration (NOAA), under agreements with the Departments of Health and Human Services and Commerce (hereafter referred to collectively as “the non-DoD Components”). § 281.3 Definitions. Armed Forces. Claim. Secretary concerned. Settlement. Uniformed Services. § 281.4 Policy. It is DoD policy that: (a) The claim settlement and advance decision authorities that, by statute or delegation, are vested in the Department of Defense or the Secretary of Defense shall be exercised by the officials designated in this part. The appendix to this part describes the claims included under these functional authorities. (b) Claims shall be settled and advance decisions shall be rendered in accordance with pertinent statutes and regulations, and after consideration of other relevant authorities. § 281.5 Responsibilities. (a) The General Counsel of the Department of Defense (1) Settle claims that the Secretary of Defense is authorized to settle under 31 U.S.C. 3702; 10 U.S.C. 2575, 2771, 4712, and 9712; 24 U.S.C. 420; 37 U.S.C. 554, and 32 U.S.C. 714. (2) Consider, and grant or deny, a request under 31 U.S.C. 3702 to waive the time limit for submitting certain claims. (3) Render advance decisions under 31 U.S.C. 3529 that the Secretary of Defense is authorized to render, and oversee the submission of requests for an advance decision arising from the activity of a DoD Component that are addressed to officials outside the Department of Defense. (4) Develop overall claim settlement and advance decision policies; and promulgate procedures for settling claims, processing requests for an advance decision (including overseeing the submission of requests for an advance decision arising from the activity of a DoD Component that are addressed to officials outside the Department of Defense), and rendering advance decisions. Procedures for settling claims shall include an initial determination process and a process to appeal an initial determination. (b) The Heads of the DoD Components (1) Establish procedures within their organization for processing claims and for submitting requests for an advance decision arising from it's activity in accordance with this part and responsibilities promulgated under paragraph (a)(4) of this section. (2) Pay claims under 10 U.S.C. 2771 and 32 U.S.C. 714, if applicable. (3) Ensure compliance with this part and policies and responsibilities promulgated under (a)(4) of this section. (c) The Heads of the Non-DoD Components, (1) Establish procedures within their organization for processing claims and for submitting requests for an advance decision in accordance with this part and responsibilities promulgated under paragraph (a)(4) of this section. (2) Pay claims under 10 U.S.C. 2771, if applicable. Appendix to Part 281—Claims Description The Secretary of Defense is authorized to perform the claim settlement and advance decision functions for claims under the following statutes: (a) 31 U.S.C. 3702, concerning claims in general when there is no other settlement authority specifically provided for by law. 1 1 (b) 10 U.S.C. 2575, concerning the disposition of unclaimed personal property on a military installation. (c) 10 U.S.C. 2771, concerning the final settlement of accounts of deceased members of the armed forces (but not the National Guard). 2 2 (d) 24 U.S.C. 420, 10 U.S.C. 4712, and 10 U.S.C. 9712, concerning the disposition of the effects of a deceased person who was subject to military law at a place or command under the jurisdiction of the Army or Air Force or of deceased residents of the Armed Forces Retirement Home. (e) 37 U.S.C. 554, concerning the sale of personal property of members of the Uniformed Services who are in a missing status. (f) 32 U.S.C. 714, concerning the final settlement of accounts of deceased members of the National Guard. 2