B-127227, APR. 15, 1960
Highlights
AS FOLLOWS: "QUESTION NO. 1: DOES THE 1959 AMENDMENT TO THE TEXAS CITY DISASTER RELIEF ACT AUTHORIZE RECONSIDERATION AND PAYMENT OF AN ADDITIONAL AMOUNT FOUND MERITORIOUS WHERE THE CLAIM IS ONE FOR PERSONAL INJURY WHICH WAS CONSIDERED AND FINALLY DETERMINED UNDER THE ORIGINAL TEXAS CITY DISASTER RELIEF ACT TO BE MERITORIOUS IN AN AMOUNT LESS THAN $25. WHICH AMOUNT WAS ACCEPTED BY THE CLAIMANT IN FULL SATISFACTION OF HIS CLAIM AGAINST THE UNITED STATES? "QUESTION NO. 2: DOES THE 1959 AMENDMENT TO THE TEXAS CITY DISASTER RELIEF ACT AUTHORIZE THE RECONSIDERATION AND PAYMENT OF AN ADDITIONAL AWARD FOUND MERITORIOUS WHERE THE CLAIM IS ONE FOR PERSONAL INJURY AND WAS CONSIDERED AND FINALLY DETERMINED UNDER THE ORIGINAL TEXAS CITY DISASTER RELIEF ACT.
B-127227, APR. 15, 1960
TO THE SECRETARY OF THE ARMY:
IN A LETTER DATED MARCH 14, 1960, THE ASSISTANT SECRETARY OF THE ARMY (FINANCIAL MANAGEMENT) REQUESTED AN ADVANCE DECISION CONCERNING THE PROPRIETY OF PAYING CLAIMS UNDER THE ACT OF SEPTEMBER 25, 1959, 73 STAT. 706, WHICH AMENDED THE TEXAS CITY DISASTER RELIEF ACT OF AUGUST 12, 1955, 69 STAT. 707, AS AMENDED JULY 9, 1956, 70 STAT. 516, IN FIVE INSTANCES, AS FOLLOWS:
"QUESTION NO. 1: DOES THE 1959 AMENDMENT TO THE TEXAS CITY DISASTER RELIEF ACT AUTHORIZE RECONSIDERATION AND PAYMENT OF AN ADDITIONAL AMOUNT FOUND MERITORIOUS WHERE THE CLAIM IS ONE FOR PERSONAL INJURY WHICH WAS CONSIDERED AND FINALLY DETERMINED UNDER THE ORIGINAL TEXAS CITY DISASTER RELIEF ACT TO BE MERITORIOUS IN AN AMOUNT LESS THAN $25,000.00, WHICH AMOUNT WAS ACCEPTED BY THE CLAIMANT IN FULL SATISFACTION OF HIS CLAIM AGAINST THE UNITED STATES?
"QUESTION NO. 2: DOES THE 1959 AMENDMENT TO THE TEXAS CITY DISASTER RELIEF ACT AUTHORIZE THE RECONSIDERATION AND PAYMENT OF AN ADDITIONAL AWARD FOUND MERITORIOUS WHERE THE CLAIM IS ONE FOR PERSONAL INJURY AND WAS CONSIDERED AND FINALLY DETERMINED UNDER THE ORIGINAL TEXAS CITY DISASTER RELIEF ACT, WHERE THE AWARD TO THE CLAIMANT WAS REDUCED BY FIFTY PERCENT BECAUSE IT WAS DETERMINED THAT AT THE TIME THE INJURY WAS SUSTAINED THE CLAIMANT WAS MARRIED, AND THE SURVIVORS OF HIS DECEASED WIFE OWNED ONE- HALF OF THE CLAIM AND HAD NOT FILED A CLAIM FOR THAT PORTION?
"QUESTION NO. 3: DOES THE 1959 AMENDMENT TO THE TEXAS CITY DISASTER RELIEF ACT AUTHORIZE RECONSIDERATION AND PAYMENT OF AN INCREASED AWARD WHERE THE CLAIM IS ONE FOR PERSONAL INJURIES AND FINAL DETERMINATION OF AN APPROPRIATE AWARD OF LESS THAN $25,000.00 WAS MADE UNDER THE ORIGINAL TEXAS CITY DISASTER RELIEF ACT, BUT THE CLAIMANT REFUSED TO ACCEPT THE AWARD TENDERED?
"QUESTION NO. 4: DOES THE 1959 AMENDMENT TO THE TEXAS CITY DISASTER RELIEF ACT AUTHORIZE RECONSIDERATION AND PAYMENT, IF OTHERWISE MERITORIOUS, OF A CLAIM WHERE A FINAL DETERMINATION WAS MADE UNDER THE ORIGINAL TEXAS CITY DISASTER RELIEF ACT THAT THE PERSONAL INJURIES ALLEGEDLY SUSTAINED BY THE CLAIMANT WERE NOT CAUSALLY CONNECTED WITH THE TEXAS CITY DISASTER?
"QUESTION NO. 5: DOES THE 1959 AMENDMENT TO THE TEXAS CITY DISASTER RELIEF ACT AUTHORIZE REDETERMINATION OF DAMAGES IN INSTANCES OF MULTIPLE DEATHS WHERE EACH INSTANCE OF DEATH IS TO BE CONSIDERED AS A SEPARATE CLAIM, AS PROVIDED IN SECTION 2 (A) OF THE AMENDMENT?
THE FACTS OF SPECIFIC CLAIMS WERE GIVEN TO ILLUSTRATE EACH INSTANCE, BUT THEY ARE NOT REPEATED HERE BECAUSE OF SPACE LIMITATIONS. EACH INVOLVES A SITUATION WHERE IT IS SOUGHT TO REOPEN SETTLEMENTS OR SETTLEMENT DETERMINATIONS MADE UNDER PROVISIONS OF THE ORIGINAL ACT TO A GREATER DEGREE THAN NECESSARY TO MAKE AVAILABLE THE EXTENTION OF BENEFITS PROVIDED IN THE 1959 AMENDMENT.
THE PURPOSE OF THE 1959 AMENDMENT WAS, AS STATED IN THE REPORTS OF THE HOUSE AND SENATE COMMITTEES ON THE JUDICIARY (HOUSE REPORT NO. 295 AND SENATE REPORT NO. 927, 86TH CONGRESS),"TO ENABLE THE SECRETARY OF THE ARMY TO SETTLE CLAIMS IN ACCORDANCE WITH THE MODIFICATIONS PROVIDED FOR IN THE FOLLOWING RULES (SECTION 2):
"1. EACH INSTANCE OF DEATH OR PERSONAL INJURY SHALL BE CONSIDERED TO HAVE CREATED A SEPARATE CLAIM.
"2. A CLAIM FOR DEATH WILL NOT BE CONSIDERED TO HAVE ABATED ON THE DEATH OF A CLAIMANT BEFORE AN AWARD HAD BEEN MADE UNDER THE ORIGINAL ACT, AND SHALL BE SETTLED BY PAYMENT TO THE PERSON OR PERSONS ENTITLED TO THE ESTATE OF THE DECEASED CLAIMANT UNDER THE LAWS OF TEXAS.
"3. A TOTALLY DEPENDENT BROTHER OR SISTER OF A PERSON WHO DIED IN THE DISASTER WILL BE PERMITTED TO ASSERT A CLAIM WHERE THAT BROTHER OR SISTER WAS PERMANENTLY AND TOTALLY DISABLED AT THE TIME OF THE DEATH.
"4. THE CLAIM OF A DISSOLVED CORPORATION SHALL BE CONSIDERED AS A CLAIM OF THAT CORPORATION WHERE THE CORPORATION FILED A SUIT AGAINST THE UNITED STATES FOR DISASTER LOSSES AND THEN WAS DISSOLVED AND ITS CLAIM WAS FILED AS A JOINT CLAIM BY ITS TWO STOCKHOLDERS AND WAS SUBSEQUENTLY ADMINISTRATIVELY CONSOLIDATED WITH OTHER CLAIMS OF THESE TWO STOCKHOLDERS.
"5. THE SECRETARY WOULD BE FURTHER EMPOWERED TO SETTLE ALL DEATH CLAIMS ARISING FROM THE DISASTER WHICH HAD NOT BEEN SETTLED, AND ALSO ALL CLAIMS FOR PERMANENT DISABILITY OF 40 PERCENT OR MORE WHICH WERE NOT SETTLED UNDER THE ORIGINAL ACT.'
WHILE THE SECRETARY OF THE ARMY WAS DIRECTED (SECTION 8) "TO RECONSIDER AND SETTLE CLAIMS AFFECTED BY THE PROVISIONS OF THIS ACT WITHOUT REGARD TO ANY RELEASE OF AND ASSIGNMENT TO THE UNITED STATES HERETOFORE EXECUTED BY THE CLAIMANTS,"HE WAS REQUIRED (SECTION 11) TO "PROCEED UNDER ALL OF THE LIMITATIONS AND DIRECTIONS OF THE ACT OF AUGUST 12, 1955.' THE NEW OR ADDITIONAL RULES WERE ADOPTED TO ALLEVIATE INEQUITIES IN THE APPLICATION OF THE ORIGINAL BENEFITS AND TO ELIMINATE REQUESTS FOR PRIVATE LEGISLATION IN THE ENUMERATED CATEGORIES, AND THIS WAS INTENDED TO BE DONE, AS IS REPEATEDLY BROUGHT OUT IN THE UNPUBLISHED HEARINGS (SUBCOMMITTEE NO. 2, HOUSE COMMITTEE ON THE JUDICIARY, FEBRUARY 18, 1959) AND DISCUSSIONS ON THE FLOOR OF THE HOUSE OF REPRESENTATIVES, WITHOUT DISTURBING SETTLEMENTS ALREADY MADE OR RECOGNIZING NEW CLAIMS EXCEPT AS NECESSARY TO APPLY THE FIVE NEW RULES. THE PROVISIONS OF SECTION 2 (C), THAT "THE SECRETARY OF THE ARMY SHALL CONSIDER AND SETTLE ALL CLAIMS BASED ON DEATH OR PERMANENT DISABILITY," ARE CLEARLY SHOWN BY THE COMMITTEE REPORTS TO CONTEMPLATE ONLY THE REMOVAL OF PREVIOUSLY APPLICABLE LIMITATIONS CONCERNING THE TIMELY FILING OF SUITS OR CLAIMS SO THAT SUCH CLAIMS WILL NOT BE EXCLUDED FROM THE UNIFORM BASIS OF RELIEF PROVIDED IN THE ORIGINAL LEGISLATION. THE FORTY PERCENT PERMANENT DISABILITY RATING ESTABLISHED IN THIS SUBSECTION OBVIOUSLY IS A LIMITATION UPON CASES WHICH NOW MAY BE CONSIDERED, RATHER THAN A NEW BENEFIT CALLING FOR REEVALUATION OF CASES ALREADY DECIDED OR DAMAGES FOUND DUE.
UNDER THE CIRCUMSTANCES, THE DEPARTMENT'S CONCLUSION THAT "THE CONGRESS DID NOT INTEND TO REOPEN THE TEXAS CITY CLAIMS PROGRAM ON SUCH A BROAD AND UNRESTRICTED BASIS AS TO PERMIT RECONSIDERATION OF CLAIMS WHERE FINAL DETERMINATIONS HAVE BEEN MADE UPON SOUND LEGAL OR FACTUAL BASES, BUT RATHER THAT THE CONGRESS INTENDED TO AUTHORIZE THE SETTLEMENT OF CERTAIN MERITORIOUS CLAIMS WITHIN THE FIVE LIMITED CATEGORIES * * * IN INSTANCES IN WHICH INEQUITIES OR UNFAIR TREATMENT RESULTED FROM THE REQUIREMENTS OF THE ORIGINAL TEXAS CITY DISASTER RELIEF ACT," APPEARS TO BE CORRECT. CONSEQUENTLY, WE ARE IN AGREEMENT WITH THE ASSISTANT SECRETARY OF THE ARMY'S PROPOSAL TO ANSWER EACH OF THE QUESTIONS IN THE NEGATIVE.
A COPY OF THE UNPUBLISHED HEARING ON THE 1959 AMENDMENT, WHICH WAS LOANED TO US BY THE OFFICE OF THE JUDGE ADVOCATE GENERAL, IS RETURNED AS REQUESTED.