Navy General Claims — Federal Tort Claims Act Administration

When a Navy ship's wake floods a marina, a Navy vehicle hits a civilian car, or Navy construction damages adjacent property, the injured party cannot simply sue the United States in court — they must first exhaust an administrative claims process. 32 CFR Part 750 governs how the Judge Advocate General (JAG) of the Navy administers civilian tort claims against the Department of the Navy under the Federal Tort Claims Act (FTCA, 28 U.S.C. §§ 1346(b), 2671–2680) and a suite of related statutes covering maritime claims, foreign claims, and non-FTCA military claims. This is the Navy's claims machine: the procedures, authority limits, and filing rules that determine whether and how civilians recover for injuries caused by Navy personnel acting within the scope of their official duties.

Legal Authority

• 28 U.S.C. § 1346(b) — FTCA jurisdictional grant; waives sovereign immunity for negligent or wrongful acts of federal employees acting within scope of employment; authorizes federal district court suits after administrative exhaustion
• 28 U.S.C. §§ 2671–2680 — FTCA substantive provisions; defines "federal agency" and "employee of the government"; establishes the administrative claim requirement (§ 2675), the 2-year filing deadline, the federal employee's exclusive remedy protection (§ 2679), and the exceptions to FTCA coverage (§ 2680)
• 10 U.S.C. § 5013 — Secretary of the Navy authority to administer the Department, including authority to establish claims procedures
• 10 U.S.C. § 2733 — Military Claims Act; provides a separate non-FTCA tort claims authority for claims arising incident to military activities not cognizable under FTCA
• 10 U.S.C. § 2734 — Foreign Claims Act; authorizes the military to settle claims by foreign nationals for incidents occurring outside the U.S.
• 32 CFR Part 750 — Navy JAG implementing regulation; establishes filing procedures, settlement authority limits, and procedures for FTCA, Maritime, Military Claims Act, and Foreign Claims Act

Key Mechanics

Civilians with claims against the Navy must file an administrative SF-95 claim with the Office of the Judge Advocate General (JAG) before filing suit — the FTCA's exhaustion requirement (28 U.S.C. § 2675) bars federal court jurisdiction until the claim has been denied or 6 months have passed without action. Claims must be filed within 2 years of the incident. JAG field commanders may administratively settle claims up to $25,000; amounts above that threshold require JAG headquarters approval or referral to DOJ. The FTCA's exceptions (28 U.S.C. § 2680) are critical: claims arising from combatant activities, claims by military personnel for service-connected injuries (Feres doctrine), discretionary function decisions, and intentional torts by non-law-enforcement personnel are generally excluded from FTCA coverage. Non-FTCA claims (military activities causing civilian damage not meeting FTCA standards) may be compensated under the Military Claims Act (10 U.S.C. § 2733), which uses a "meritorious claims" rather than negligence standard. Claims by foreign nationals for incidents outside the U.S. are handled under the Foreign Claims Act (10 U.S.C. § 2734) through local claims commissions at overseas installations.

Current Rule (2026)

What This Rule Does

32 CFR Part 750 establishes the Navy's procedures for handling civilian claims for injury to persons or property caused by Navy or Marine Corps activities. It operates under several distinct statutory authorities, each covering a different factual scenario:

Federal Tort Claims Act (FTCA) claims — the main track. The FTCA waives the United States' sovereign immunity for certain tort claims arising from the negligent or wrongful acts of federal employees acting within their scope of employment. If a civilian is injured by a Navy employee driving a government vehicle, slips on a wet deck during an open base event, or has property damaged by Navy construction — the FTCA provides the remedy. The claim must be filed administratively with the Navy JAG before any lawsuit can be filed in federal court (the "exhaustion" requirement under 28 U.S.C. § 2675). If the Navy denies the claim or fails to act within 6 months, the claimant may then sue in federal district court.

Military Claims Act (MCA) claims — covers claims arising from non-combat activities of military personnel that are not covered by the FTCA (which excludes claims arising in foreign countries). Primarily relevant for property damage claims arising in the United States that fall outside FTCA scope.

Foreign Claims Act (FCA) claims — covers claims by foreign nationals for property damage, personal injury, or death caused by non-combat activities of U.S. military personnel abroad. The Foreign Claims Act operates through Foreign Claims Commissions established in countries where U.S. forces are stationed. The Navy JAG coordinates with these commissions for claims arising from Navy activities overseas.

Non-FTCA maritime claims — the Navy handles maritime claims (admiralty tort claims) through a parallel track under the Suits in Admiralty Act and Public Vessels Act, which provide separate waivers of sovereign immunity for maritime accidents.

How Claims Are Processed

Investigation. When an incident occurs, the command where it happened is responsible for conducting a prompt investigation (32 CFR § 750.2). Investigations document: the facts of the incident, identities of witnesses and personnel involved, photographs or diagrams of the scene, damage estimates, and an assessment of government negligence or fault. Well-documented investigations speed up claim resolution; poor documentation causes delays and disputes.

Filing the claim. A claimant must submit Standard Form 95 (SF-95) — the standard federal tort claim form — to the appropriate Navy office. The claim must be filed within 2 years of the date of the incident (the FTCA statute of limitations). The SF-95 must include: the claimant's name and address, a description of the incident, the basis for the claim, and the specific dollar amount claimed (a legally required element — failing to state an amount is a jurisdictional defect that can bar the claim). The claim must be presented to the Navy before a lawsuit is filed.

Single-service responsibility. The Department of Defense has assigned single-service responsibility for claims arising in foreign countries by service branch — so a claim arising from a Navy activity in Japan will be processed by the Navy JAG even if Army or Air Force personnel were also involved (§ 750.13). Domestically, claims go to the service whose personnel or equipment caused the injury.

Settlement authority. Field commanders have authority to settle FTCA claims up to $25,000 without JAG approval. Claims above $25,000 require referral to the JAG or, for amounts above the JAG's settlement authority, to the Department of Justice. This tiered structure balances speed at the field level with oversight for large settlements.

Suit after denial. If the Navy denies a claim or fails to make a final disposition within 6 months of filing, the claimant may file a lawsuit in federal district court (28 U.S.C. § 2675(a)). The suit must be filed within 6 months of the denial (another statute of limitations). Federal district courts have exclusive jurisdiction over FTCA suits; juries are not available — FTCA cases are decided by judges.

Key Provisions

• § 750.1 — Scope: Part 750 applies to claims against the Department of the Navy (including Marine Corps); the JAG has authority to accept, consider, compromise, or deny claims
• § 750.2 — Investigations: The command where the incident occurred must investigate promptly; investigations must be factually thorough and preserve evidence; the investigative report is not automatically discoverable in subsequent litigation but shapes the claims decision
• § 750.10 — Settlement and release: When a claim is approved, settlement agreement is obtained from the claimant; for full payment, a release may not always be required, but agencies typically require it; partial payment settlements require release of the specific amount paid
• § 750.11 — Denial: Denial must be in writing and delivered by certified mail; denial starts the 6-month clock for filing suit in federal court; the denial letter must advise the claimant of their right to sue
• § 750.12 — When suit is filed: If a claimant files suit (prematurely or after denial), the Navy's legal office must be notified immediately; the Westfall Act (28 U.S.C. § 2679) substitutes the United States as the defendant and removes any individual employee from personal liability for acts within the scope of duty
• § 750.13 — Single service responsibility: DoD assigns responsibility for foreign-country claims by service; domestically, claims go to the responsible service branch; the JAG coordinates with other services to avoid duplicative handling
• § 750.21 — FTCA scope: The FTCA applies to negligent or wrongful acts of federal employees acting within their scope of employment; the FTCA does not cover: discretionary function exceptions (policy decisions), combatant activities, claims arising in foreign countries (covered instead by the Foreign Claims Act or Status of Forces Agreements), and certain intentional torts by law enforcement
• § 750.22 — Exclusiveness of remedy: The Federal Employees Liability Reform and Tort Compensation Act of 1988 (Westfall Act) made the FTCA the exclusive remedy against the United States and substituted the government as defendant in suits against federal employees in their official capacity — individuals cannot be personally sued for actions within scope of employment
• § 750.25 — Territorial scope: FTCA applies only in the United States, its territories, and possessions; claims arising abroad use Foreign Claims Act or SOFA procedures
• § 750.26 — The administrative claim: Must use SF-95; must include a sum certain (specific dollar amount); filing with the wrong agency tolls the statute of limitations while the claim is transferred to the correct agency

How It Affects You

If you were injured or had property damaged by Navy or Marine Corps activity: File SF-95 promptly — the 2-year statute of limitations is absolute and courts have no discretion to extend it. Get a copy of any incident report. Document your damages carefully: medical bills, repair estimates, lost income, photographs. Submit the claim to the closest Navy installation's legal office or directly to the Office of the Judge Advocate General of the Navy in Washington.

What FTCA will and won't cover: FTCA covers ordinary negligence (a Navy truck driver running a red light, a negligent medical procedure at a Navy hospital, property damage from Navy construction). It does NOT cover: claims based on a federal officer's exercise of a discretionary function (deciding where to fly a training mission); claims against military personnel for assault, battery, false imprisonment, defamation, or malicious prosecution in most circumstances (intentional torts are excluded for most federal employees); and injuries covered by the workers' compensation system for federal employees (covered instead by FECA, not FTCA).

Veterans and service members: Active duty service members generally cannot use the FTCA for injuries incident to service — the Feres doctrine (Feres v. United States, 340 U.S. 135, 1950) bars FTCA suits by active duty service members for injuries that arise incident to military service. Veterans and civilian employees can use FTCA for non-service-connected incidents.

Statutory Authority

• 28 U.S.C. § 1346(b) — Federal district courts have exclusive original jurisdiction over civil actions against the United States for money damages for personal injury, property damage, or death caused by government employees acting within scope of employment
• 28 U.S.C. § 2672 — Administrative settlement authority; agency heads (and their delegates) may settle claims up to $25,000 without DOJ approval; Congress must appropriate funds for settlements
• 28 U.S.C. § 2675 — Exhaustion requirement; claimants must present the claim to the appropriate agency and either have it denied or wait 6 months before filing suit
• 28 U.S.C. § 2679 — Westfall Act; federal employment is the exclusive remedy; government is substituted as defendant for acts within scope of employment
• 28 U.S.C. § 2680 — Exceptions to FTCA (discretionary function, combatant activities, foreign country claims, postal matter, tax, customs, quarantine)
• 10 U.S.C. § 2733 — Military Claims Act; Army, Navy, and Air Force may pay claims for property damage, personal injury, or death caused by activities of the Department not compensable under FTCA

Recent Rulemakings

No major amendments to 32 CFR Part 750 in recent years. The Supreme Court has periodically refined FTCA doctrine through case law: Levin v. United States (2013) resolved a circuit split on FTCA liability for Navy medical malpractice; Brownback v. King (2021) clarified the FTCA's judgment bar provision and its preclusive effect on constitutional claims. Congress has also enacted narrow legislative fixes to Feres doctrine limitations in specific contexts (military medical malpractice), allowing some active-duty service members to seek FTCA compensation for certain in-facility medical negligence under 10 U.S.C. § 2733a (effective 2020).

Pending Action