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B-189652 1 (1980-11-10)

handle is hein.gao/gaobadiri0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES vASHINGTON, 0.c . 2054a FILE: B-189652 DATE:November 10, 1980 MATTER OF: Alaska Railroad Reimbursement of $152,000 tort claims settlement from the Permanent Indefinite Appropriation DIGEST: Payments of over $100,000 made prior to May 4, 1977, pursuant to settlements under the Federal Tort Claims Act cannot be reimbursed from the permanent indefinite appropriation, 31 U.S.C. § 724a. B-189652, July 17, 1979 affirmed. The Department of Transportation asks that we reconsider that part of our decision, B-189652, July 17, 1979, which disallowed reim- bursement from the permanent indefinite appropriation (31 U.S.C. § 724a) of a $152,000 tort settlement negotiated between the Alaska Railroad and Anthony Anzevino. For the reasons given below we affirm our decision. The claim in question is one of a number that arose from a collision on July 5, 1975 between two Alaska Railroad trains. For the most part, the claims, including the Anzevino claim, were settled and paid by the Railroad in 1976. In B-189652, July 17, 1979, the question presented was whether the claims arising from the accident were payable from the permanent indefinite appropriation for payment of judgments and settlements established by 31 U.S.C. § 724a or from Alaska Railroad funds. We concluded that tort claims against the Railroad could not be paid out of its funds since the provision of the Alaska Railroad Statute (60 Stat. 304) which authorized payment by the Railroad had been repealed by the Federal Tort Claims Act (60 Stat. 846-47). Moreover, even though the Railroad did not follow the procedural requirements for payment under the Federal Tort Claims Act, we agreed to permit reimbursement from the judgment appropriation (31 U.S.C. § 724a) for both the voluntary presettlement claims and settlement claims in excess of $2,500 but under $100,000 since the source of payment might have been unclear to the Railroad and the claims could have been paid under 31 U.S.C. § 724a had they been properly presented. On the other hand, we denied reimbursement of the $152,000 Anzevino settlement since the permanent appropriation was not available for payments in excess of $100,000 at the time the payments were made * * *. We said that if the Railroad desired reimbursement for payments in excess of $100,000, it must seek the funds from the Congress.

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