CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER VII—DEPARTMENT OF THE AIR FORCE (parts 800 to 989) > SUBCHAPTER D—CLAIMS AND LITIGATION (parts 842 to 845) > PART 842—ADMINISTRATIVE CLAIMS > SUBPART M—Claims Under the National Guard Claims Act (32 U.S.C. 715) (§842.100 to §842.114) > 842.110—Claims not payable.

842.110—Claims not payable.

The following are not payable:
(a) Claims payable under any one of the following statutes and implementing regulations:
(1) The Federal Tort Claims Act (FTCA).
(2) The Foreign Claims Act (FCA).
(3) The International Agreements Claims Act.
(4) The Air Force Admiralty Claims Act and the Admiralty Extensions Act.
(5) The Military Claims Act (MCA).
(6) The Military Personnel and Civilian Employees' Claims Act.
(b) Claims from the combat activities of the armed forces during war or armed conflict.
(c) Claims for personal injury or death of ANG members performing duty under 32 U.S.C. incident to their service.
(d) Claims for damage to or loss of bailed property when the bailor specifically assumed such risk.
(e) Claims for personal injury or death of a person covered by:
(1) The Federal Employees' Compensation Act.
(2) The Longshore and Harbor Workers' Compensation Act.
(3) A United States contract or agreement providing employee benefits through insurance, local law, or custom and the United States pays for such benefits either directly or as a part of the consideration under the contract.
(f) Claims for property damage, personal injury or death occurring in a foreign country to an inhabitant of that country.
(g) Claims caused by the negligent or wrongful acts or omissions of members of the District of Columbia ANG.
(h) Claims arising from a private rather than a government transaction.
(i) Claims for patent or copyright infringement.
(j) Claims for damage, use, or other expenses involving the regular acquisition, possession, and disposition of real property by or for the ANG.
(k) Claims for the taking of private real property by a continuing trespass or by a technical trespass such as overflights of aircraft.
(l) Claims for loss of rental fee for personal property.
(m) Claims in litigation against the United States.
(n) Claims for a maritime occurrence covered under U.S. admiralty laws.
(o) Claims for:
(1) Any tax or customs duty.
(2) The detention of any goods or merchandise by any officer of customs, excise, or law enforcement officer.
(p) Claims from an act or omission of any employee of the Government while administering the provisions of the Trading With the Enemy Act.
(q) Claims for damages caused by the United States' imposition or establishment of a quarantine.
(r) Claims for libel, slander, misrepresentation, deceit or interference with contract rights.
(s) Claims that result wholly from the negligent or wrongful act of the claimant or the claimant's agent.
(t) Claims for reimbursement of medical, hospital, or burial expenses furnished at the expense of the United States, any state, the District of Columbia, or Puerto Rico.
(u) Claims for damage from floods or flood waters.
(v) Claims for damages caused by the fiscal operations of the Treasury or by regulation of the monetary system.
(w) Claims caused by the negligent or wrongful acts or omissions of ANG members acting within the scope of their employment, while performing duty under 32 U.S.C., on or after 29 December 1981.
(x) Claims caused by the negligent or wrongful acts or omissions of ANG technicians employed under 32 U.S.C. 709.