[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR842.49]

[Page 102-103]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 842_ADMINISTRATIVE CLAIMS--Table of Contents
 
             Subpart F_Military Claims Act (10 U.S.C. 2733)
 
Sec. 842.49  Claims payable.

    (a) Claims arising from negligent or wrongful acts or omissions 
committed by United States military or civilian personnel while acting 
in the scope of their employment.
    (b) Claims arising from noncombat activities of the United States, 
whether or not such injuries of damages arose out of the negligent or 
wrongful acts or omissions by United States military or civilian 
employees acting within the scope of their employment.
    (c) Claims for damage to bailed property under Sec. 842.49(a) or 
(b) of this part, where all of the following are present:
    (1) The United States armed forces assumed the duties of a bailee.
    (2) The bailor did not assume the risk of loss by express agreement.
    (3) Authorized United States armed forces military or civilian 
personnel acting in their official capacity properly accepted the 
property.
    (d) Claims for loss or damage to:

[[Page 103]]

    (1) Insured or registered mail under Sec. 842.49(a), (b), or (c) 
while in the possession of the United States armed forces military or 
civilian personnel.
    (2) Minimum fee insured mail, but only if it has an insurance number 
or requirement for hand-to-hand receipt while in the possession of the 
United States armed forces military or civilian personnel.
    (3) Any mail in the possession of the US Postal Service or a 
Military Postal Service due to an unlawful or negligent inspection, 
search, or seizure conducted in an oversea military postal facility, 
under orders of armed forces personnel.
    (e) Claims for property damage of US military personnel under 
conditions listed in paragraphs (a) and (b) of this section, where the 
damage occurred on a military installation and is not payable under the 
Military Personnel and Civilian Employees' Claims Act.
    (f) Claims filed by DOD military or civilian health care providers 
or legal personnel for their personal liability by settlement or 
judgment, to include reasonable costs of such litigation, for their 
common law tortious acts committed within the scope of their employment 
under circumstances described in 10 U.S.C. 1089(f) and 10 U.S.C. 
1054(f).

[55 FR 2809, Jan. 29, 1990, as amended at 55 FR 32076, Aug. 7, 1990]