ANALYSIS BY FISCAL YEAR OF THE NUMBER OF RETIRED PERSONNEL AND OBLIGATIONS FOR THE DEPARTMENT OF THE NAVY (MARINE CORPS) ANALYSIS BY FISCAL YEAR OF THE NUMBER OF RETIRED PERSONNEL AND OBLIGATIONS FOR THE DEPARTMENT OF THE AIR FORCE CLAIMS, DEFENSE STATEMENT OF DON R. BRAZIER, DEPUTY ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER) ACCOMPANIED BY: JOHN R. QUETSCH, DIRECTOR OF OPERATIONS (OASD (C)) BUDGET REQUEST AND 1971 APPROPRIATIONS Chairman ELLENDER. The next appropriation to be considered is "Claims, Defense," for which the fiscal year 1972 budget estimate is $39 million. For fiscal year 1971, the amount appropriated was also $39 million, but an additional $13 million has been recently approved. JUSTIFICATIONS The information on pages 3, 4, 8, and 9 of the justifications pertaining to this request will be included in the record at this point. (The information follows:) DEPARTMENT OF DEFENSE (MILITARY) CLAIMS, DEFENSE MAXIMUM LIMIT OF ANY ONE CLAIM The Department of Defense is limited by law in the maximum amounts that may be paid in settlement of claims under this appropriation as follows: Personnel claims: Military Personnel and Civilian Employees Claims Act of 1964 (31 $10,000 Military Personnel and Civilian Employees Claims Act of 1964 (31 USC 241). 10,000 1 No limit. 15, 000 15, 000 15,000 (1) 1,000 (12) 1, 000, 000 500, 000 (1) 2 The Federal Tort Claims Act amendment, Public Law 89-506, effective Jan. 18, 1967. made no change in the amount that may be administratively paid by the Department of Defense or military department. That amount will remain at $2,500. A lawsuit for damages caused prior to Jan. 18, 1967, which is subsequently compromised must be paid out of DOD claims funds. However on claims resulting from damages caused after Jan. 18, 1967, an award, compromise, or settlement may be made in any amount but if such amount exceeds $25,000, it can only be made with the prior written approval of the Attorney General or his designee. Any award, compromise, or settlement made in excess of $2,500, or made by the Attorney General in any amount, "shall be paid in a manner similar to judgments and in like causes and appropriations or funds available for the payment of such judgments and compromises are hereby made available for the payment of awards, compromises, or settlements under this chapter." Payment of judgments are made by the Treasury Department (28 USC 2414; 31 USČ 724a). |