[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR842.42]

[Page 100-101]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 842_ADMINISTRATIVE CLAIMS--Table of Contents
 
             Subpart F_Military Claims Act (10 U.S.C. 2733)
 
Sec. 842.42  Delegations of authority.

    (a) Settlement authority: (1) The Secretary of the Air Force has 
delegated authority to:
    (i) Settle claims for $100,000 or less.
    (ii) Settle claims for more than $100,000, paying the first $100,000 
and reporting the excess to the General Accounting Office for payment.
    (iii) Deny a claim in any amount.
    (2) The Judge Advocate General has delegated authority to settle 
claims for $100,000 or less and deny claims in any amount.
    (3) The following individuals have delegated authority to settle 
claims for $25,000 or less and deny claims in any amount:
    (i) The Deputy Judge Advocate General.
    (ii) The Director of Civil Law.

[[Page 101]]

    (iii) The Chief, Deputy Chief and Branch Chiefs, Claims and Tort 
Litigation Staff.
    (4) The SJA of 9AF for CENTCOM, and the SJAs of PACAF and USAFE have 
delegated authority to settle claims payable or deny claims filed for 
$25,000 or less.
    (5) SJAs of single base GCMs, and GCMs in PACAF and USAFE, and each 
Air Force base, station, or fixed installation have delegated authority 
to settle claims payable, or deny claims filed for $15,000 or less.
    (b) Redelegation of authority. A settlement authority may redelegate 
his or her authority for claims not exceeding $25,000, to a subordinate 
judge advocate or civilian attorney in writing.
    (c) Appellate authority. Upon appeal, a settlement authority has the 
same authority specified above. However, no appellate authority below 
the Office of the Secretary of the Air Force may deny an appeal of a 
claim it had previously denied.
    (d) Authority to reduce, withdraw, and restore settlement authority. 
Any superior settlement authority may reduce, withdraw, or restore 
delegated authority.
    (e) Settlement negotiations. A settlement authority may settle a 
claim in any sum within its delegated settlement authority, regardless 
of the amount claimed. Send uncompromised claims in excess of the 
delegated authority to the level with settlement authority. Unsuccessful 
negotiations at one level do not bind higher authority.
    (f) Special exceptions. Do not settle claims for the following 
without HQ USAF/JACC approval:
    (1) Legal malpractice.
    (2) On the job personal injury or death of an employee of a 
government contractor or subcontractor.
    (3) Assault, battery, false imprisonment, false arrest, abuse of 
process, or malicious prosecution committed by an investigative or law 
enforcement officer.
    (4) On-base animal bite cases.
    (5) Personal injury from asbestos or radon.
    (6) Claims based upon an act or omission of an employee of the 
government, exercising due care, in the execution of a statute or 
regulation.
    (7) Claims 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.
    (8) Claims for damage to property of a state, commonwealth, 
territory, or the District of Columbia caused by ANG personnel engaged 
in training or duty under 32 U.S.C. 316, 502, 503, 504, or 505 who are 
assigned to a unit maintained by that state, commonwealth, territory or 
the District of Columbia.
    (9) Claims not payable because payment is not in the best interests 
of the United States, is contrary to public policy, or is otherwise 
contrary to the basic intent of the MCA.
    (10) 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.
    (11) Medical malpractice.

[55 FR 2809, Jan. 29, 1990, as amended at 56 FR 1574, Jan. 16, 1991]