---
kind: "section"
citation: "32 C.F.R. § 281.5"
title: "32"
number: "281.5"
heading: "Responsibilities."
url: "https://uscodex.org/cfr/32/281.5"
---

# §281.5. Responsibilities.

- (a) **The <I>General Counsel of the Department of Defense</I> shall—**
  - (1) Settle claims that the Secretary of Defense is authorized to settle under [31 U.S.C. 3702](/usc/31/3702.md); 10 U.S.C. [2575](/usc/10/2575.md), [2771](/usc/10/2771.md), [4712](/usc/10/4712.md), and [9712](/usc/10/9712.md); [24 U.S.C. 420](/usc/24/420.md); 37 U.S.C. [554](/usc/37/554.md), and [32](/usc/37/32.md) U.S.C. 714.
  - (2) Consider, and grant or deny, a request under [31 U.S.C. 3702](/usc/31/3702.md) to waive the time limit for submitting certain claims.
  - (3) Render advance decisions under [31 U.S.C. 3529](/usc/31/3529.md) 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 <I>Heads of the DoD Components</I> shall—**
  - (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)](#a-4) of this section.
  - (2) Pay claims under 10 U.S.C. [2771](/usc/10/2771.md) and [32](/usc/10/32.md) 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, concerning claims arising from that Component's activity under 31 U.S.C. [3702](/usc/31/3702.md), [10](/usc/31/10.md) U.S.C. 2575, 10 U.S.C. [2771](/usc/10/2771.md) or [37](/usc/10/37.md) U.S.C. 554, shall:
  - (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)](#a-4) of this section.
  - (2) Pay claims under [10 U.S.C. 2771](/usc/10/2771.md), if applicable.

## Notes

### Authority

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

Source: 71 FR 57426, Sept. 29, 2006, unless otherwise noted.