(a) Territorial limitations. The FTCA does not apply to any claim arising in a foreign country. 28 U.S.C. 2680(k) and Beattie v. United States, 756 F.2d 91 (D.C. Cir. 1984).
(b) Exclusions from liability. Statutes and case law have established categories of exclusions from FTCA liability.
(1)
Statutory exclusions. Section 2680 of Title 28 lists claims
not cognizable under the FTCA. They include
(i) Claims based on the exercise or
performance of, or the failure to exercise or perform, a discretionary
Government function;
(ii) Admiralty
claims under 46 U.S.C. 741 - 752 or781 - 790. Claims under the Death on the High
Seas Act ( 46 U.S.C. 761 ), however, are cognizable under the FTCA. All
admiralty claims will be referred to the Judge Advocate General for
adjudication. Admiralty claims against the Navy shall be processed under part
752 of this Chapter;
(iii) Claims
arising from intentional torts, except those referred to in §750.23(b);
(iv) Claims arising from the combat
activities of the military or naval forces, or the Coast Guard, during time of
war.
(2)
Additional claims not payable. Although not expressly
statutorily excepted, the following types of claims shall not be paid under the
FTCA:(i) A claim for personal injury or death
of a member of the armed forces of the United States incurred incident to
military service or duty. Compare United States v
Johnson,481 U.S
681(1987)
Feres v. United States,340 U.S
135(1950) with
Brooks v. United States,337 U.S
49(1949);
(ii) Any claim by military personnel or
civilian employees of the Navy, paid from appropriated funds, for personal
property damage occurring incident to service or Federal employment, cognizable
under 31 U.S.C.
3721 and the applicable Personnel Claims
Regulations, 32 CFR part 751;
(iii)
Any claim by employees of nonappropriated-fund activities for personal property
damage occurring incident to Federal employment. These claims will be processed
as indicated in 32 CFR part 756;
(iv) Any claim for personal injury or death
covered by the Federal Employees' Compensation Act ( 5 U.S.C. 8116c );
(v)...
