About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-189652 1 (1979-07-17)

handle is hein.gao/gaobadhkj0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIDN~l .I OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-189652 ppVcC-e b44{ 0! DATE: July 1-, 1979 MATTER OF aska Railroad - administrativ, settlement of tort claims a; Alaqr DIGEST: --- 4ssed Tort Claims Act (FTCA), as amended, repealed Act of June 24, 1946, 60 Stat. 304, insofar as it authorized Alaska Railroad (ARR) to settle tort claims cognizable under FTCA. Tort claims arising from 1975 train collision which were administratively settled by ARR for amounts greater than $2,500 but less than $100,000 are therefore payable from per- manent appropriation established by 31 U.S.C. § 724a rather than from ARR funds. 2. Although ARR did not follow procedures set forth in 28 C.F.R. Part 14 for a number of claims arising from 1975 railroad collision and paid several from its own funds, since the claims could have been paid from pqrmanent appropriation if properly presented, in this instance reimbursement will be permitted, except for payments in excess of $100,000. Since permanent appropriation contained in 31 U.S.C. § 724a was not available for payments in excess of $100,000 at time awards were made, reimbursement for these payments, if desired, must be obtained from Congress. This decision to the Secretary of Transportation concerns the source of funds for payment of tort claims administratively settled by the Alaska Railroad (ARR). The question is whether these claims are payable from the permanent indefinite appropriation established by 31 U.S.C. § 724a or from ARR funds. For the reasons that follow, we conclude that awards in excess of $2,500 are payable from the permanent appropriation. Federal agencies are authorized to settle tort claims adminis- tratively under the Federal Tort Claims Act. 28 U.S.C. § 2672 (1976). Awards of $2,500 or less must be paid by the agency involved from its own appropriations. Awards greater than $2,500 are paid pursuant to 31 U.S.C. § 724a, which provides in pertinent part: There are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for the payment, not otherwise -1-Z

What Is HeinOnline?

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.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most