HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobaddxc0001 and id is 1 raw text is:
I
FILE: B-127343
i
,I I
Georee Ktelmmn
THE COMPTRCLL&N GEN3EAL
WA THMN UNITWD TATRB
W-ADMHI N 0Y CN. D3.C. RO0-S 4 a
A
DATE: DEC
1. %..
MATPTER OF: lasurcace on Saste Vehicles
DISEST:
(1) By ecactnut of Federal Tort Clams Act, United
8tates appsers to have waived sovereigan Foutty
from suit for torts comitted vithin scope of their
employmenc, by emplhyac of legislative as well as
execiltive branches, since le-islntive hetary of Act
establishes that definitions for terms Federal agency
and Emrployee of the sovernent cntained therein,
vera not intended to exclude any agency or erployeA
of the United States, unless excluded by specific
excoption. Therefore, Senate enployeas who are
negligent while operating Senate-owned vehicles in
course of enploynent are protocted against clairs for
damge or injury under Fcderal Tort Claims Act, mince
tho7 are Zployaej] of th guvnrnet within the
broad maning o! the Act.
(2) Possible Governnent liability for torts crrmitted by
Senate eaployee whilo opetra:ing Sonata-owned vehicle
within course of their employrent sapuld not be cevered
Ly inurane. from commercial sources since settlod
policy of htted Status in to assume its own risks,
and unless mpressly provided othenise by statute,
funds for suport of Covernrent activities are not
generally coaidared available for purchae of insurance
to cover sich risk.
(3) Senate may sake payments of $2,500 or less from con-
tingent fund to cover asttlements under Federal Tort
Clatas Act for accidorts caused by Senate ecp3loyees
while oueratins Senate-owned Vahicles in course of
employnnt. Sertlemonts in excess of $2,500 should be
referred to Comptroller General for payment in accordance
with procedures provided In Act, 28 U.S.C. 5 2672.
This Is it. response to an inquiry from the Sergeant at Arms,
Ualted States Zonata, concerning whether,.and to what extant, Seuar
ewloyees Who ar Involve in sutomobile accidents while operatin5
r
-4-
C
0
L
-PR I
1
I](ViewImageLocal?handle=hein.gao/gaobaddxc0001&div=1&collection=&method=preview&ext=.png&size=3)