32 CFR 842.50 - Claims not payable.
Exclusions listed in § 842.50 (a) through (l) of this part, are based on the wording of 28 U.S.C. 2680. The remainder are based either on statute or court decisions. The interpretation of these exclusions is a Federal question decided under Federal law. Where State law differs with Federal law, Federal law prevails. A claim is not payable under this subpart if it:
(a) Is based on an act or omission of an employee of the government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid. Do not deny claims solely on this exception without the prior approval of HQ USAF/JACC.
(b) Is based on 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, whether or not the discretion involved is abused. Do not deny claims solely on this exception without the prior approval of HQ USAF/JACC.
(c) Arises out of the loss, miscarriage, or negligent transmission of letters or postal matter, except those claims payable under § 842.49.
(d) Arises with respect to the assessment or collection of any tax or customs duty, or the detention of any goods or merchandise by any officer of customs or excise, or any other law enforcement officer.
(e) Is cognizable under the Suits in Admiralty Act or under the Public Vessels Act.
(f) Arises out of an act or omission of any employee of the government in administering the provisions of the Trading With the Enemy Act.
(g) Is for damages caused by the imposition or establishment of a quarantine by the United States.
(h) Arises out of an assault or battery, unless the assault or battery arises out of the acts or omissions of investigative or law-enforcement officers of the US Government, or arises out of the performance of medical, dental or related health care functions.
(i) Arises out of false imprisonment, false arrest, malicious prosecution or abuse of process, unless such actions were committed by an investigative or law enforcement officer of the United States who is empowered by law to execute searches, seize evidence, or make arrests for violations of federal law.
(j) Arises out of libel, slander, misrepresentation, or deceit.
(k) Arises out of interference with contract rights.
(l) Arises from the fiscal operations of the Department of the Treasury or from the regulation of the monetary system.
(m) Arises out of the combat activities of the military or naval forces, or the Coast Guard, during time of war.
(n) Arises from activities of the Tennessee Valley Authority.
(o) Arises from the activities of the Panama Canal Company.
(p) Arises from the activities of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives.
(q) Is for the personal injury or death of a member of the Armed Forces of the United States, including the Coast Guard, incurred incident to service.
(r) Is for the personal injury or death of a government employee for whom benefits are provided by the FECA.
(s) Is for the personal injury or death of an employee, including nonappropriated fund employees, for whom benefits are provided by the Longshore and Harbor Workers' Compensation Act (LHWCA).
(t) Is for the personal injury or death of any government contractor employee for whom benefits are provided under any worker's compensation law, or under any contract or agreement providing employee benefits through insurance, local law, or custom when the United States pays them either directly or as part of the consideration under the contract. Only HQ USAF/JACC may settle these claims.
(u) Is for taking of property as by technical trespass or overflight of aircraft and of a type contemplated by the Fifth Amendment to the US Constitution, or otherwise constitutes a taking.
(v) Is for damage from or by flood or flood waters at any place.
(w) Is for damage to property or for any death or personal injury occurring directly or indirectly as a result of the exercise or performance of, or failure to exercise or perform, any function or duty by any Federal agency or employee of the government to carry out the provisions of the Federal Civil Defense Act of 1950 during the existence of a civil defense emergency.
(x) Is for patent or copyright infringement.
(y) Is 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 unless the express approval for payment is received from HQ USAF/JACC.
(z) Is for damage to property or for any death or personal injury arising out of the activities of any federal agency or employee of the government in carrying out the provisions of the Federal Disaster Relief Act of 1954.
(aa) Arises from activities that present a political question.
(bb) Results wholly from the negligent, or wrongful act of the claimant or agent.
(cc) Is for reimbursement for medical, hospital, or burial expenses furnished at the expense of the United States.
(dd) Arises from contractual transactions, express or implied, including rental agreements, sales agreements, leases and easements, which are payable or enforceable under such contracts or arise out of irregular procurement and implied contract.
(ee) Arises from private, as distinguished from government, transactions.
(ff) Is based solely on compassionate grounds.
(gg) Is for rent, damage, or other expenses or payments involving the regular acquisition, use, possession, or disposition of real property of interests therein by and for the Air Force.
(hh) 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; for example, claims by inhabitants of unfriendly foreign countries or by or based on injury or death of individuals considered to be unfriendly to the United States. Claims considered not payable under this paragraph are forwarded, with recommendations for disposition, through claims channels to HQ USAF/JACC.
(ii) Is 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 unless the appropriate settlement authority determines that the claimant is, and at the time of the incident was, friendly to the United States. A prisoner of war or an interned enemy alien is not excluded as to a claim for damage, loss, or destruction of personal property in the custody of the Government otherwise payable. Claims considered not payable under this paragraph are forwarded with recommendations for disposition, through claims channels, to HQ USAF/JACC.
(jj) Is for personal injury or death of military or civilian personnel of a foreign country, if their personal injury or death was suffered incident to their service.
(kk) Is for damage to or loss of bailed property when the bailor specifically assumes such risk.
(ll) Is for property damage, personal injury, or death occurring in a foreign country to an inhabitant of that country.
(mm) Is for the loss of a rental fee for personal property.
(nn) Arises out of matters which are in litigation against the United States.
(oo) Is payable under any one of the following statutes and implementing regulations:
(1) Federal Tort Claims Act.
(2) Foreign Claims Act.
(3) International Agreements Claims Act.
(4) Air Force Admiralty Claims Act and the Admiralty Extension Act.
(5) National Guard Claims Act.
(6) Military Personnel and Civilian Employees' Claims Act.