(a) The guidance set forth in this subpart applies worldwide and prescribes the substantive
bases and special procedural requirements for the settlement of claims against the
United States for death or personal injury, or damage to, or loss or destruction of,
(1) Caused by military personnel or civilian employees (enumerated in § 536.23(b)) acting within the scope of their employment, except for non-federalized Army National
Guard soldiers as explained in subpart F of this part; or
(2) Incident to the noncombat activities of the armed services (see AR 27–20, Glossary).
(b) A tort claim arising in the United States, its commonwealths, territories, and possessions
may be settled under this subpart if the Federal Tort Claims Act (FTCA) does not apply
to the type of claim under consideration or if the claim arose incident to noncombat
activities. For example, a claim by a service member for property loss or damage incident to
service may be settled if the loss arises from a tort and is not payable under AR
27–20, Chapter 11.
(c) A tort claim arising outside the United States may be settled under this subpart
only if the claimant has been determined to be an inhabitant (normally a resident)
of the United States at the time of the incident giving rise to the claim. See § 536.136(b).
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