Payments of Amounts Due Mentally Incompetent Members of the Naval Service, 38350-38352 [E8-15278]
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Federal Register / Vol. 73, No. 130 / Monday, July 7, 2008 / Proposed Rules
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 199
Claims, Health care, Health insurance,
Military personnel.
Accordingly, 32 CFR part 199 is
proposed to be amended as follows:
PART 199—[AMENDED]
1. The authority citation for part 199
continues to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. Chapter
55.
2. Section 199.4 is amended by
adding paragraph (e)(27) to read as
follows:
§ 199.4
Basic program benefit.
*
*
*
*
*
(e) * * *
(27) TRICARE will cost share forensic
examinations following a sexual assault
or domestic violence. The forensic
examination includes a history of the
event and a complete physical and
collection of forensic evidence, and
medical and psychological follow-up
care. The examination for sexual assault
also includes, but is not limited to, a test
kit to retrieve forensic evidence, testing
for pregnancy, testing for sexual
transmitted disease and HIV, and
medical services and supplies for
prevention of sexually transmitted
diseases, HIV, pregnancy, and
counseling services.
*
*
*
*
*
Dated: June 30, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E8–15350 Filed 7–3–08; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Navy
[No. USN–2008–0009]
32 CFR Part 726
jlentini on PROD1PC65 with PROPOSALS
RIN 0703–AA85
Payments of Amounts Due Mentally
Incompetent Members of the Naval
Service
Department of the Navy, DoD.
Proposed rule.
AGENCY:
ACTION:
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SUMMARY: The Department of the Navy
is amending its rules to update existing
sections relating to the authority and
procedures to designate trustees for
Navy and Marine Corps service
members who have been determined to
be mentally incompetent pursuant to 37
U.S.C. Chapter 11. The proposed
amendments will comport with current
policy reflected in Chapter XIV of the
Manual of the Judge Advocate General
(JAGMAN).
DATES: Comment Date: Interested parties
should submit written comments on or
before September 5, 2008.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
and title, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov.
Follow the instructions for submitting
comments.
Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket or RIN number for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
regulations.gov as they are received
without change, including any personal
identifiers or contact information.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Tanya M. Cruz, JAGC, U.S.
Navy, Office of the Judge Advocate
General (Administrative Law),
Department of the Navy, 1322 Patterson
Ave., SE., Suite 3000, Washington Navy
Yard, DC 20374–5066, telephone: 703–
604–8216.
SUPPLEMENTARY INFORMATION: The
Department of the Navy is amending 32
CFR part 726 to comport with current
policy as stated in Chapter XIV of the
JAGMAN governing the authority and
procedures to designate trustees for
members of the Naval service who have
been determined to be mentally
incompetent in accordance with 37
U.S.C. Chapter 11. As a result of
organizational change in the Office of
the Judge Advocate General, the
functions under Chapter XIV were
transferred from the Judge Advocate
General to the Defense Finance and
Accounting Service—Cleveland Center
(DFAS–CL), Office of Continuing
Government Activity (CGA). The
transfer of functions and the
responsibilities of DFAS have been
incorporated into the JAGMAN. The
proposed rule will update the existing
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section to reflect current agency
regulations. Interested persons are
invited to comment in writing on this
amendment. All written comments
received will be considered in making
the proposed amendments to 32 CFR
part 726. It has been determined that
this proposed rule amendment is not a
major rule within the criteria specified
in Executive Order 12866, as amended
by Executive Order 13258, and does not
have substantial impact on the public.
Matters of Regulatory Procedure
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 32 CFR
part 726 is not a significant regulatory
action. The rule does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of the recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
It has been certified that 32 CFR part
726 does not contain a Federal Mandate
that may result in the expenditure by
State, local, and tribal governments, in
aggregate, or by the private sector, of
$100 million or more in any one year.
Public Law 96–511. ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
726 does not impose any reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
Federalism (Executive Order 13132)
It has been certified that 32 CFR part
726 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of government.
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Federal Register / Vol. 73, No. 130 / Monday, July 7, 2008 / Proposed Rules
List of Subjects in 32 CFR Part 726
Administrative practice and
procedure, Military personnel,
Reporting and recordkeeping
requirements, Trusts and trustees.
For the reasons set forth in the
preamble, the Department of the Navy
proposes to amend 32 CFR part 726 as
follows:
PART 726—PAYMENTS DUE
MENTALLY INCOMPETENT MEMBERS,
PHYSICAL EXAMINATIONS OF SUCH
MEMBERS AND TRUSTEE
DESIGNATIONS
1. The authority citation for 32 CFR
part 726 is revised to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. 5013,
and 5148; 37 U.S.C. 601–604, and 1001; 32
CFR 700.105 and 700.312.
§ 726.1
[Amended]
2. Section 726.1 is amended by
removing ‘‘title 11 of chapter 37’’ and
adding the words ‘‘Chapter 11 of Title
37’’ in its place.
§ 726.2
[Amended]
3. Section 726.2 is amended by
adding three new sentences to the end
of paragraph (a) to read as follows:
§ 726.2.
Scope.
(a) * * * The Secretary of the Navy
has authority to designate a trustee in
the absence of notice that a legal
committee, guardian, or other legal
representative has been appointed by a
State court of competent jurisdiction (37
U.S.C. 601–604). This authority is
exercised by the Defense Finance and
Accounting Service—Cleveland Center
(DFAS–CL), who has delegated it to
DFAS–CL, Office of Continuing
Government Activity (DFAS–CL(CGA)).
Trustees receive the active duty pay and
allowances, amounts due for accrued or
accumulated leave, and retired pay or
retainer pay, that are otherwise payable
to a member found by competent
medical authority to be mentally
incapable of managing his affairs.
*
*
*
*
*
§ 726.3
[Amended]
jlentini on PROD1PC65 with PROPOSALS
4. Section 726.3 is amended by
removing ‘‘The Judge Advocate General
or his designee’’ and adding ‘‘DFAS–CL
(CGA)’’ in its place.
5. Section 726.4 is revised to read as
follows:
§ 726.4.
Procedures.
(a) Competency Board. (1) The
commanding officer of the cognizant
Naval medical facility will convene a
board of not less than three Medical
Department officers or physicians, one
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of whom will be a Navy psychiatrist or
clinical psychologist, when there is
evidence that a member may be
incapable of handling his financial
affairs. The board will be convened in
accordance with Chapter 18, Manual of
the Medical Department (MANMED).
The board may include members of the
Reserve components on active or
inactive duty. When active duty Navy or
Marine Corps members are hospitalized
in non-Naval medical facilities, the
Military Medical Support Office will
ensure compliance with Chapter 18,
MANMED.
(2) DFAS–CL(CGA) may request the
commanding officer of any Naval
medical facility, or request the
commanding officer of another service
medical facility or administrator of a
Department of Veterans Affairs medical
facility, convene a competency board in
accordance with this section to
determine the mental capability of a
member to manage his financial affairs.
(3) A finding of restoration of
competency or capability to manage
personal and financial affairs may be
accomplished in the same manner
specified in Chapter 18, MANMED,
except that the board may consist of one
or two Medical Department officers or
physicians, one of whom must be a
Navy psychiatrist or clinical
psychologist.
(4) At least one officer on the
competency board, preferably the
psychiatrist or clinical psychologist,
will personally observe the member and
ensure that the member’s medical
record, particularly that portion
concerning his mental health, is
accurate and complete.
(5) The requirement to convene a
competency board under this chapter is
in addition to and separate from the
medical board procedures. Each board
member signs the report of the board
and certifies whether the member is or
is not mentally capable of managing his
financial affairs. After approval by the
convening authority, the original board
report is forwarded to DFAS–CL(CGA).
(b) Records. The convening authority
will forward the original of each board
report to the Defense Finance and
Accounting Service—Cleveland Center,
Office of Continuing Government
Activity (Code CGA), Post Office Box
998021, Room 2323, Cleveland, OH
44199–80216. If a member is found to be
not mentally capable of managing his
financial affairs, the forwarding
endorsement will set forth the name,
relationship, address, and telephone
number(s) of the member’s next of kin,
and any other information that will
assist to identify a prospective trustee.
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38351
6. Section 726.5 is revised to read as
follows:
§ 726.5 Procedures for designation of a
trustee.
Upon receipt of a report of a
competency board that a member has
been found mentally incapable of
managing his financial affairs, DFAS–
CL(CGA) will initiate action to appoint
a trustee, provided no notice of
appointment of a committee, guardian,
or other legal representative by a State
court of competent jurisdiction has been
received by DFAS–CL(CGA).
7. Section 726.6 is revised to read as
follows:
§ 726.6
Travel orders.
The Chief of Naval Personnel or the
Deputy Commandant, Manpower &
Reserve Affairs, may issue travel orders
to a member to appear before a
competency board convened to
determine whether the member is
mentally capable of managing his
financial affairs. In the case of
permanently retired members, travel
will be at no cost to the Government.
8. Section 726.7 is revised to read as
follows:
§ 726.7
Status of pay account.
Upon notification by the commanding
officer of the medical facility preparing
the board report that a member has been
declared mentally incapable of
managing his financial affairs, DFAS–
CL(CGA) will suspend the member’s
pay. Thereafter, DFAS–CL(CGA) or his
designee will direct payment of monies
to:
(a) The appointed trustee;
(b) The legal representative appointed
by a State court of competent
jurisdiction; or
(c) Directly to the member following
a determination the member is capable
of managing his financial affairs.
9. Section 726.8 is revised to read as
follows:
§ 726.8 Emergency funds and health and
comfort.
Until a trustee is appointed, DFAS–
CL(CGA) may appoint the member’s
designated next of kin to receive
emergency funds equal to, but not to
exceed the amount of pay due the
incompetent member for a period of one
month. These funds will be deducted
from the member’s pay account and will
be used for the benefit of the member
and any legal dependents.
10. Section 726.9 is revised to read as
follows:
§ 726.9 Reports and supervision of
trustees.
(a) Accounting reports. The trustee
designated by DFAS–CL(CGA) will
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Federal Register / Vol. 73, No. 130 / Monday, July 7, 2008 / Proposed Rules
submit accounting reports annually or at
such other times as DFAS–CL(CGA) or
his designee directs. DFAS–CL(CGA)
will provide forms to be used by
trustees for the required accounting
report. The report will account for all
funds received from the Navy or Marine
Corps on behalf of the member. When
payments to a trustee are terminated for
any reason, the trustee will submit a
final accounting report to DFAS–
CL(CGA). Upon approval of the final
accounting report, the trustee and the
surety will be discharged from liability.
(b) Failure to submit a report and
default. If an accounting report is not
received by the date designated by
DFAS–CL(CGA) or an accounting is
unsatisfactory, DFAS–CL(CGA) will
notify the trustee in writing. If a
satisfactory accounting is not received
by DFAS–CL(CGA) within the time
specified, the trustee will be declared in
default of the trustee agreement and will
be liable for all unaccounted trustee
funds. If a trustee is declared in default
of the trustee agreement, DFAS–
CL(CGA) will terminate payments to the
trustee and, if necessary, a successor
trustee may be appointed. The trustee
and surety will be notified in writing by
DFAS–CL(CGA) of the declaration of
default. The notification will state the
reasons for default, the amount of
indebtedness to the Government, and
will demand payment for the full
amount of indebtedness. If payment in
full is not received by DFAS–CL(CGA)
within an appropriate period of time
from notification of default, the account
may be forwarded to the Department of
Justice for recovery of funds through
appropriate civil action.
Dated: June 30, 2008.
T.M. Cruz,
Lieutenant, Judge Advocate General’s Corps,
U.S. Navy, Federal Register Liaison Officer.
[FR Doc. E8–15278 Filed 7–3–08; 8:45 am]
BILLING CODE 3810–FF–P
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1195
[Docket No. 2004–1]
jlentini on PROD1PC65 with PROPOSALS
RIN 3014–AA11
Americans With Disabilities Act (ADA)
Accessibility Guidelines for Passenger
Vessels; Informational Meeting
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Notice of meeting.
AGENCY:
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SUMMARY: The Architectural and
Transportation Barriers Compliance
Board (Access Board) will hold two
informational meetings. The meetings
will assist the Access Board in
developing accessibility guidelines
under the Americans with Disabilities
Act for passenger vessels. Specifically,
the meetings will focus on possible
approaches and methodologies for the
regulatory assessment and regulatory
flexibility act analysis, the baselines for
determining costs, the identification of
major and minor cost impacts, estimated
unit costs (where feasible), development
of aggregate annual industry costs, and
benefits generated by the guidelines.
The first meeting will focus only on
large cruise ships and will be held at the
date and location noted below. Other
passenger vessels subject to the
guidelines will be addressed in a similar
meeting that has not yet been
scheduled.
DATES: The meeting is scheduled for
August 11, 2008 from 9 a.m. to 5 p.m.
Registration by attendees is requested to
be received by July 31, 2008.
ADDRESSES: The meeting will be held at
the Access Board’s offices, 1331 F
Street, NW., Suite 1000, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Paul
Beatty, Office of Technical and
Information Services, Architectural and
Transportation Barriers Compliance
Board, 1331 F Street, NW., Suite 1000,
Washington, DC 20004–1111.
Telephone number (202) 272–0012
(Voice); (202) 272–0082 (TTY). These
are not toll-free numbers. E-mail
address: pvag@access-board.gov.
SUPPLEMENTARY INFORMATION: On July 7,
2006, the Architectural and
Transportation Barriers Compliance
Board (Access Board) made available for
public comment a revised draft of the
accessibility guidelines for passenger
vessels (70 FR 38563; July 7, 2006). In
addition to receiving comment, the
Board used the provisions in the revised
draft to conduct 10 passenger vessel
case studies to help determine the cost
impacts of the provisions on newly
constructed passenger vessels. From
comments received on the 2006 draft
and draft case study results, changes
were made to the 2006 draft (and the
case studies were revised to reflect
current provisions). To complete
development of a notice of proposed
rulemaking (NPRM) regarding passenger
vessel accessibility guidelines, the
Board needs to complete its regulatory
assessment and regulatory flexibility act
analysis.
Two information meetings are
planned to assist the Board in
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completing these activities. The
meetings will focus on possible
approaches and methodologies for the
regulatory assessment and regulatory
flexibility act analysis, the baselines for
determining costs, the identification of
major and minor cost impacts, estimated
unit costs (where feasible), development
of aggregate annual industry costs, and
benefits generated by the guidelines.
The meeting on August 11, 2008, will
focus on large cruise ships. Other
passenger vessels subject to the
guidelines will be addressed in a similar
meeting that has not yet been scheduled
but will be announced in the Federal
Register. To support the August 11
meeting and future second meeting, the
Board has placed in its docket and on
its Web site (https://www.accessboard.gov/pvaac/index.htm) a 2008
draft of the guidelines, current drafts of
the 10 vessel case studies, a preliminary
agenda for the August 11 meeting, and
other related material.
The August 11 meeting is open to the
public. Interested persons are requested
to register by e-mail at pvag@accessboard.gov by July 31, 2008, for space
planning purposes. The Board is not
accepting comment on the content of
the 2008 draft, and is only making it
available to support the meetings. When
the NPRM is published, the Board will
then solicit comments on the guidelines
at that time. However, comments which
identify provisions that trigger major
costs and include the applicable costs
will be accepted.
The meeting site is accessible to
individuals with disabilities. Sign
language interpreters, an assistive
listening system, and computer assisted
real-time transcription (CART) will be
provided. Persons attending the meeting
are requested to refrain from using
perfume, cologne, and other fragrances
for the comfort of other participants.
Lawrence W. Roffee,
Executive Director.
[FR Doc. E8–14950 Filed 7–3–08; 8:45 am]
BILLING CODE 8150–01–P
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]]>Agencies
[Federal Register Volume 73, Number 130 (Monday, July 7, 2008)]
[Proposed Rules]
[Pages 38350-38352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15278]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
[No. USN-2008-0009]
32 CFR Part 726
RIN 0703-AA85
Payments of Amounts Due Mentally Incompetent Members of the Naval
Service
AGENCY: Department of the Navy, DoD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its rules to update
existing sections relating to the authority and procedures to designate
trustees for Navy and Marine Corps service members who have been
determined to be mentally incompetent pursuant to 37 U.S.C. Chapter 11.
The proposed amendments will comport with current policy reflected in
Chapter XIV of the Manual of the Judge Advocate General (JAGMAN).
DATES: Comment Date: Interested parties should submit written comments
on or before September 5, 2008.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulatory Information Number (RIN) and title, by any of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160 Defense
Pentagon, Washington DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket or RIN number for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
Internet at https://regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Lieutenant Tanya M. Cruz, JAGC, U.S.
Navy, Office of the Judge Advocate General (Administrative Law),
Department of the Navy, 1322 Patterson Ave., SE., Suite 3000,
Washington Navy Yard, DC 20374-5066, telephone: 703-604-8216.
SUPPLEMENTARY INFORMATION: The Department of the Navy is amending 32
CFR part 726 to comport with current policy as stated in Chapter XIV of
the JAGMAN governing the authority and procedures to designate trustees
for members of the Naval service who have been determined to be
mentally incompetent in accordance with 37 U.S.C. Chapter 11. As a
result of organizational change in the Office of the Judge Advocate
General, the functions under Chapter XIV were transferred from the
Judge Advocate General to the Defense Finance and Accounting Service--
Cleveland Center (DFAS-CL), Office of Continuing Government Activity
(CGA). The transfer of functions and the responsibilities of DFAS have
been incorporated into the JAGMAN. The proposed rule will update the
existing section to reflect current agency regulations. Interested
persons are invited to comment in writing on this amendment. All
written comments received will be considered in making the proposed
amendments to 32 CFR part 726. It has been determined that this
proposed rule amendment is not a major rule within the criteria
specified in Executive Order 12866, as amended by Executive Order
13258, and does not have substantial impact on the public.
Matters of Regulatory Procedure
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 726 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of the
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that 32 CFR part 726 does not contain a
Federal Mandate that may result in the expenditure by State, local, and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-511. ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 726 does not impose any
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 35).
Federalism (Executive Order 13132)
It has been certified that 32 CFR part 726 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of government.
[[Page 38351]]
List of Subjects in 32 CFR Part 726
Administrative practice and procedure, Military personnel,
Reporting and recordkeeping requirements, Trusts and trustees.
For the reasons set forth in the preamble, the Department of the
Navy proposes to amend 32 CFR part 726 as follows:
PART 726--PAYMENTS DUE MENTALLY INCOMPETENT MEMBERS, PHYSICAL
EXAMINATIONS OF SUCH MEMBERS AND TRUSTEE DESIGNATIONS
1. The authority citation for 32 CFR part 726 is revised to read as
follows:
Authority: 5 U.S.C. 301; 10 U.S.C. 5013, and 5148; 37 U.S.C.
601-604, and 1001; 32 CFR 700.105 and 700.312.
Sec. 726.1 [Amended]
2. Section 726.1 is amended by removing ``title 11 of chapter 37''
and adding the words ``Chapter 11 of Title 37'' in its place.
Sec. 726.2 [Amended]
3. Section 726.2 is amended by adding three new sentences to the
end of paragraph (a) to read as follows:
Sec. 726.2. Scope.
(a) * * * The Secretary of the Navy has authority to designate a
trustee in the absence of notice that a legal committee, guardian, or
other legal representative has been appointed by a State court of
competent jurisdiction (37 U.S.C. 601-604). This authority is exercised
by the Defense Finance and Accounting Service--Cleveland Center (DFAS-
CL), who has delegated it to DFAS-CL, Office of Continuing Government
Activity (DFAS-CL(CGA)). Trustees receive the active duty pay and
allowances, amounts due for accrued or accumulated leave, and retired
pay or retainer pay, that are otherwise payable to a member found by
competent medical authority to be mentally incapable of managing his
affairs.
* * * * *
Sec. 726.3 [Amended]
4. Section 726.3 is amended by removing ``The Judge Advocate
General or his designee'' and adding ``DFAS-CL (CGA)'' in its place.
5. Section 726.4 is revised to read as follows:
Sec. 726.4. Procedures.
(a) Competency Board. (1) The commanding officer of the cognizant
Naval medical facility will convene a board of not less than three
Medical Department officers or physicians, one of whom will be a Navy
psychiatrist or clinical psychologist, when there is evidence that a
member may be incapable of handling his financial affairs. The board
will be convened in accordance with Chapter 18, Manual of the Medical
Department (MANMED). The board may include members of the Reserve
components on active or inactive duty. When active duty Navy or Marine
Corps members are hospitalized in non-Naval medical facilities, the
Military Medical Support Office will ensure compliance with Chapter 18,
MANMED.
(2) DFAS-CL(CGA) may request the commanding officer of any Naval
medical facility, or request the commanding officer of another service
medical facility or administrator of a Department of Veterans Affairs
medical facility, convene a competency board in accordance with this
section to determine the mental capability of a member to manage his
financial affairs.
(3) A finding of restoration of competency or capability to manage
personal and financial affairs may be accomplished in the same manner
specified in Chapter 18, MANMED, except that the board may consist of
one or two Medical Department officers or physicians, one of whom must
be a Navy psychiatrist or clinical psychologist.
(4) At least one officer on the competency board, preferably the
psychiatrist or clinical psychologist, will personally observe the
member and ensure that the member's medical record, particularly that
portion concerning his mental health, is accurate and complete.
(5) The requirement to convene a competency board under this
chapter is in addition to and separate from the medical board
procedures. Each board member signs the report of the board and
certifies whether the member is or is not mentally capable of managing
his financial affairs. After approval by the convening authority, the
original board report is forwarded to DFAS-CL(CGA).
(b) Records. The convening authority will forward the original of
each board report to the Defense Finance and Accounting Service--
Cleveland Center, Office of Continuing Government Activity (Code CGA),
Post Office Box 998021, Room 2323, Cleveland, OH 44199-80216. If a
member is found to be not mentally capable of managing his financial
affairs, the forwarding endorsement will set forth the name,
relationship, address, and telephone number(s) of the member's next of
kin, and any other information that will assist to identify a
prospective trustee.
6. Section 726.5 is revised to read as follows:
Sec. 726.5 Procedures for designation of a trustee.
Upon receipt of a report of a competency board that a member has
been found mentally incapable of managing his financial affairs, DFAS-
CL(CGA) will initiate action to appoint a trustee, provided no notice
of appointment of a committee, guardian, or other legal representative
by a State court of competent jurisdiction has been received by DFAS-
CL(CGA).
7. Section 726.6 is revised to read as follows:
Sec. 726.6 Travel orders.
The Chief of Naval Personnel or the Deputy Commandant, Manpower &
Reserve Affairs, may issue travel orders to a member to appear before a
competency board convened to determine whether the member is mentally
capable of managing his financial affairs. In the case of permanently
retired members, travel will be at no cost to the Government.
8. Section 726.7 is revised to read as follows:
Sec. 726.7 Status of pay account.
Upon notification by the commanding officer of the medical facility
preparing the board report that a member has been declared mentally
incapable of managing his financial affairs, DFAS-CL(CGA) will suspend
the member's pay. Thereafter, DFAS-CL(CGA) or his designee will direct
payment of monies to:
(a) The appointed trustee;
(b) The legal representative appointed by a State court of
competent jurisdiction; or
(c) Directly to the member following a determination the member is
capable of managing his financial affairs.
9. Section 726.8 is revised to read as follows:
Sec. 726.8 Emergency funds and health and comfort.
Until a trustee is appointed, DFAS-CL(CGA) may appoint the member's
designated next of kin to receive emergency funds equal to, but not to
exceed the amount of pay due the incompetent member for a period of one
month. These funds will be deducted from the member's pay account and
will be used for the benefit of the member and any legal dependents.
10. Section 726.9 is revised to read as follows:
Sec. 726.9 Reports and supervision of trustees.
(a) Accounting reports. The trustee designated by DFAS-CL(CGA) will
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submit accounting reports annually or at such other times as DFAS-
CL(CGA) or his designee directs. DFAS-CL(CGA) will provide forms to be
used by trustees for the required accounting report. The report will
account for all funds received from the Navy or Marine Corps on behalf
of the member. When payments to a trustee are terminated for any
reason, the trustee will submit a final accounting report to DFAS-
CL(CGA). Upon approval of the final accounting report, the trustee and
the surety will be discharged from liability.
(b) Failure to submit a report and default. If an accounting report
is not received by the date designated by DFAS-CL(CGA) or an accounting
is unsatisfactory, DFAS-CL(CGA) will notify the trustee in writing. If
a satisfactory accounting is not received by DFAS-CL(CGA) within the
time specified, the trustee will be declared in default of the trustee
agreement and will be liable for all unaccounted trustee funds. If a
trustee is declared in default of the trustee agreement, DFAS-CL(CGA)
will terminate payments to the trustee and, if necessary, a successor
trustee may be appointed. The trustee and surety will be notified in
writing by DFAS-CL(CGA) of the declaration of default. The notification
will state the reasons for default, the amount of indebtedness to the
Government, and will demand payment for the full amount of
indebtedness. If payment in full is not received by DFAS-CL(CGA) within
an appropriate period of time from notification of default, the account
may be forwarded to the Department of Justice for recovery of funds
through appropriate civil action.
Dated: June 30, 2008.
T.M. Cruz,
Lieutenant, Judge Advocate General's Corps, U.S. Navy, Federal Register
Liaison Officer.
[FR Doc. E8-15278 Filed 7-3-08; 8:45 am]
BILLING CODE 3810-FF-P
