B-61757, JANUARY 6, 1947, 26 COMP. GEN. 452

B-61757: Jan 6, 1947

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THE AUTHORITY TO SETTLE NON NEGLIGENCE CLAIMS IS NOT AFFECTED. IT WILL BE NECESSARY. FROM APPROPRIATIONS TO BE MADE THEREFOR (WHICH APPROPRIATIONS ARE THEREBY AUTHORIZED/. 1947: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1946. AUTHORITY IS HEREBY CONFERRED UPON THE HEAD OF EACH FEDERAL AGENCY. WHICH APPROPRIATIONS ARE HEREBY AUTHORIZED.'. ARE HEREBY REPEALED IN RESPECT OF CLAIMS COGNIZABLE UNDER PART 2 OF THIS TITLE AND ACCRUING ON AND AFTER JANUARY 1. OR DEATH WAS NOT CAUSED BY ANY NEGLIGENT OR WRONGFUL ACT OR OMISSION OF AN EMPLOYEE OF THE GOVERNMENT WHILE ACTING WITHIN THE SCOPE OF HIS OFFICE OR EMPLOYMENT. CORPORATIONS WHOSE PRIMARY FUNCTION IS TO ACT AS. HAS HERETOFORE FUNCTIONED WITH RESPECT TO THE SETTLEMENT OF CLAIMS ARISING OUT OF THE ACTIVITIES OF THAT AGENCY IS 22 U.S.C. ( U.S.C.).

B-61757, JANUARY 6, 1947, 26 COMP. GEN. 452

FEDERAL TORT CLAIMS ACT - EFFECT ON PRIOR CLAIMS SETTLEMENT AUTHORITY; NECESSITY FOR SPECIFIC APPROPRIATION FOR PAYMENT OF CLAIMS IN VIEW OF THE PROVISIONS OF SECTION 424 OF THE FEDERAL TORT CLAIMS ACT REPEALING ALL STATUTORY PROVISIONS FOR THE ADMINISTRATIVE SETTLEMENT OF CLAIMS ON ACCOUNT OF DAMAGE TO PROPERTY, ETC., CAUSED BY THE NEGLIGENCE OF GOVERNMENT EMPLOYEES, BUT EXCEPTING PROVISIONS PERTAINING TO NON- NEGLIGENCE CLAIMS, THE PROVISION IN 22 U.S.C. 277E RESPECTING THE SETTLEMENT OF PROPERTY DAMAGE CLAIMS ARISING OUT OF THE OPERATIONS OF THE UNITED STATES SECTION, INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, NO LONGER CONSTITUTES AUTHORITY TO SETTLE NEGLIGENCE CLAIMS, BUT THE AUTHORITY TO SETTLE NON NEGLIGENCE CLAIMS IS NOT AFFECTED; AND THE LATTER CLASS OF CLAIMS MAY CONTINUE TO BE PAID FROM GENERAL PROJECT APPROPRIATIONS. SINCE A STATUTORY AUTHORIZATION OF APPROPRIATIONS DOES NOT CONSTITUTE AN APPROPRIATION OR EXPAND THE AVAILABILITY OF APPROPRIATIONS THEREAFTER MADE IN THE ABSENCE OF SPECIFIC PROVISIONS TO INDICATE SUCH A PURPOSE, IT WILL BE NECESSARY--- IN VIEW OF THE PROVISIONS OF SECTION 403 (C) OF THE FEDERAL TORT CLAIMS ACT FOR PAYMENT OF PROPERTY DAMAGE AND PERSONAL INJURY OR DEATH CLAIMS, BASED ON GOVERNMENT EMPLOYEES' NEGLIGENCE, FROM APPROPRIATIONS TO BE MADE THEREFOR (WHICH APPROPRIATIONS ARE THEREBY AUTHORIZED/--- THAT APPROPRIATIONS FOR THE UNITED STATES SECTION, INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, FOR THE FISCAL YEAR 1948, AND THEREAFTER, SPECIALLY PROVIDE FOR THE PAYMENT OF CLAIMS UNDER SAID ACT.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF STATE, JANUARY 6, 1947:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1946, MA 711.12152, AS FOLLOWS:

1. SECTION 403. (A) OF PART 2 OF TITLE IV--- FEDERAL TORT CLAIMS ACT, BEING A PART OF THE " LEGISLATIVE REORGANIZATION ACT OF 1946" ( PUBLIC LAW 601-79TH CONGRESS), APPROVED AUGUST 2, 1946, PROVIDES AS FOLLOWS:

"SUBJECT TO THE LIMITATIONS OF THIS TITLE, AUTHORITY IS HEREBY CONFERRED UPON THE HEAD OF EACH FEDERAL AGENCY, OR HIS DESIGNEE FOR THE PURPOSE, ACTING ON BEHALF OF THE UNITED STATES, TO CONSIDER, ASCERTAIN, ADJUST, DETERMINE, AND SETTLE ANY CLAIM AGAINST THE UNITED STATES FOR MONEY ONLY, ACCRUING ON AND AFTER JANUARY 1, 1945, ON ACCOUNT OF DAMAGE TO OR LOSS OF PROPERTY OR ON ACCOUNT OF PERSONAL INJURY OR DEATH, WHERE THE TOTAL AMOUNT OF THE CLAIM DOES NOT EXCEED $1,000, CAUSED BY THE NEGLIGENT OR WRONGFUL ACT OR OMISSION OF ANY EMPLOYEE OF THE GOVERNMENT WHILE ACTING WITHIN THE SCOPE OF HIS OFFICE OR EMPLOYMENT, UNDER CIRCUMSTANCES WHERE THE UNITED STATES, IF A PRIVATE PERSON, WOULD BE LIABLE TO THE CLAIMANT FOR SUCH DAMAGE, LOSS, INJURY, OR DEATH, IN ACCORDANCE WITH THE LAW OF THE PLACE WHERE THE ACT OR OMISSION OCCURRED.'

SECTION 403. (C) PROVIDES AS FOLLOWS:

"ANY AWARD MADE TO ANY CLAIMANT PURSUANT TO THIS SECTION, AND ANY AWARD, COMPROMISE, OR SETTLEMENT OF ANY CLAIM COGNIZABLE UNDER THIS TITLE MADE BY THE ATTORNEY GENERAL PURSUANT TO SECTION 413, SHALL BE PAID BY THE HEAD OF THE FEDERAL AGENCY CONCERNED OUT OF APPROPRIATIONS THAT MAY BE MADE THEREFOR, WHICH APPROPRIATIONS ARE HEREBY AUTHORIZED.'

SECTION 424. (A) OF PART 4 OF THE SAME ACT PROVIDES IN PART AS FOLLOWS:

"ALL PROVISIONS OF LAW AUTHORIZING ANY FEDERAL AGENCY TO CONSIDER, ASCERTAIN, ADJUST, OR DETERMINE CLAIMS ON ACCOUNT OF DAMAGE TO OR LOSS OF PROPERTY, OR ON ACCOUNT OF PERSONAL INJURY OR DEATH, CAUSED BY THE NEGLIGENT OR WRONGFUL ACT OR OMISSION OF ANY EMPLOYEE OF THE GOVERNMENT WHILE ACTING WITHIN THE SCOPE OF HIS OFFICE OR EMPLOYMENT, ARE HEREBY REPEALED IN RESPECT OF CLAIMS COGNIZABLE UNDER PART 2 OF THIS TITLE AND ACCRUING ON AND AFTER JANUARY 1, 1945 * * *"

SECTION 424. (B) PROVIDES:

"NOTHING CONTAINED HEREIN SHALL BE DEEMED TO REPEAL ANY PROVISION OF LAW AUTHORIZING ANY FEDERAL AGENCY TO CONSIDER, ASCERTAIN, ADJUST, SETTLE, DETERMINE, OR PAY ANY CLAIM ON ACCOUNT OF DAMAGE TO OR LOSS OF PROPERTY OR ON ACCOUNT OF PERSONAL INJURY OR DEATH, IN CASES IN WHICH SUCH DAMAGE, LOSS, INJURY, OR DEATH WAS NOT CAUSED BY ANY NEGLIGENT OR WRONGFUL ACT OR OMISSION OF AN EMPLOYEE OF THE GOVERNMENT WHILE ACTING WITHIN THE SCOPE OF HIS OFFICE OR EMPLOYMENT, OR ANY OTHER CLAIM NOT COGNIZABLE UNDER PART 2 OF THIS TITLE.'

SECTION 402. (A) PROVIDES:

" " FEDERAL AGENCY" INCLUDES THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE UNITED STATES, AND CORPORATIONS WHOSE PRIMARY FUNCTION IS TO ACT AS, AND WHILE ACTING AS, INSTRUMENTALITIES OR AGENCIES OF THE UNITED STATES, WHETHER OR NOT AUTHORIZED TO SUE AND BE SUED IN THEIR OWN NAMES: PROVIDED, THAT THIS SHALL NOT BE CONSTRUED TO INCLUDE ANY CONTRACTOR WITH THE UNITED STATES.'

2. THE SPECIFIC STATUTE UNDER WHICH THIS DEPARTMENT, ACTING THROUGH THE UNITED STATES COMMISSIONER, INTERNATIONAL BOUNDARY COMMISSION (NOW THE INTERNATIONAL BOUNDARY AND WATER COMMISSION), UNITED STATES AND MEXICO, HAS HERETOFORE FUNCTIONED WITH RESPECT TO THE SETTLEMENT OF CLAIMS ARISING OUT OF THE ACTIVITIES OF THAT AGENCY IS 22 U.S.C. ( U.S.C.) SECTION 277E WHICH PROVIDES IN RELEVANT PART AS FOLLOWS:

"THE SECRETARY OF STATE ACTING THROUGH SUCH OFFICERS AS HE MAY DESIGNATE, IS FURTHER AUTHORIZED TO CONSIDER, ADJUST, AND PAY FROM FUNDS APPROPRIATED FOR THE PROJECT, THE CONSTRUCTION OF WHICH RESULTED IN DAMAGES, ANY CLAIM FOR DAMAGES ACCRUING AFTER MARCH 31, 1937, CAUSED TO OWNERS OF LAND OR OTHER PRIVATE PROPERTY OF ANY KIND BY REASON OF THE OPERATIONS OF THE UNITED STATES, ITS OFFICERS OR EMPLOYEES, IN THE SURVEY, CONSTRUCTION, OPERATION, OR MAINTENANCE OF ANY PROJECT CONSTRUCTED OR ADMINISTERED THROUGH THE AMERICAN COMMISSIONER, INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO, IF SUCH CLAIM FOR DAMAGES DOES NOT EXCEED $1,000 AND HAS BEEN FILED WITH THE AMERICAN COMMISSIONER WITHIN ONE YEAR AFTER DAMAGE IS ALLEGED TO HAVE OCCURRED, AND WHEN IN THE OPINION OF THE AMERICAN COMMISSIONER SUCH CLAIM IS SUBSTANTIATED BY A REPORT OF A BOARD APPOINTED BY THE SAID COMMISSIONER.'

3. IN A LETTER DATED SEPTEMBER 28, 1943 FROM THE COMPTROLLER GENERAL TO THE AMERICAN COMMISSIONER, INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO (B-36817), THE COMPTROLLER GENERAL RULED THAT THE ACT OF JUNE 19, 1939 (22 U.S.C. SECTION 277E), ABOVE QUOTED, DOES NOT AUTHORIZE PAYMENT OF CLAIMS FOR DAMAGES FOR PERSONAL INJURIES BUT ONLY OF CLAIMS FOR DAMAGES TO PROPERTY.

4. BY LETTER FROM THE SECRETARY OF STATE DATED JULY 15, 1939, THE SECRETARY AUTHORIZED THE AMERICAN COMMISSIONER, INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO, TO CONSIDER, ADJUST, AND PAY CLAIMS UNDER THIS ACT FROM FUNDS APPROPRIATED FOR THE PROJECT, THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF WHICH RESULTED IN DAMAGES.

5. PURSUANT TO THE ACT AND THE AUTHORIZATION FROM THE SECRETARY OF STATE, A NUMBER OF CLAIMS HAVE BEEN APPROVED BY THE AMERICAN COMMISSIONER AND TRANSMITTED THROUGH THE DEPARTMENT TO THE GENERAL ACCOUNTING OFFICE FOR DIRECT SETTLEMENT BY THAT OFFICE. THESE CLAIMS WERE FOR DAMAGES TO LANDS OR OTHER PERSONAL PROPERTY, AND IN SOME CASES WERE BASED UPON NEGLIGENCE AND IN OTHER CASES WERE ALLOWED AND SETTLED WITHOUT ANY SHOWING OF NEGLIGENCE. GENERALLY SPEAKING, THE NEGLIGENCE CASES RESULTED FROM THE OPERATION OF THE AUTOMOTIVE EQUIPMENT OF THE UNITED STATES SECTION, AND THE CLAIMS IN THIS CATEGORY WERE ALLOWED ONLY UPON A SHOWING THAT THE DAMAGES RESULTED FROM THE NEGLIGENCE OF EMPLOYEES OF THAT AGENCY WITHOUT CONTRIBUTORY NEGLIGENCE UPON THE PART OF THE CLAIMANT OR HIS AGENTS OR EMPLOYEES.

6. GENERALLY SPEAKING, THE CLAIMS WHICH WERE SETTLED AND ADJUSTED WITHOUT A SHOWING OF NEGLIGENCE WERE BASED UPON DAMAGES TO ADJACENT OR ADJOINING LANDS CAUSED BY THE CONSTRUCTION OR EXISTENCE OF THE WORKS OF THE PROJECTS E.G., DAMAGES FROM SEEPAGE CAUSED BY A RAISING OF THE WATER LEVEL IN THE RIVER; DAMAGES CAUSED BY THE DIVERSION OF STORM WATERS BY PROJECT WORKS; DAMAGES CAUSED BY THE IMPOUNDING OF FLOOD WATERS BEHIND THE LEVEES OR OTHER STRUCTURES OF THE PROJECTS.

7. IT IS UNDERSTOOD THAT UNDER THE PROVISIONS OF SECTION 424. (A) OF THE FEDERAL TORT CLAIMS ACT, CLAIMS FALLING WITHIN THE FORMER CATEGORY, THAT IS, THOSE BASED UPON NEGLIGENCE, MAY NOW BE ADJUSTED AND SETTLED ONLY UNDER THE PROVISIONS OF THE FEDERAL TORT CLAIMS ACT AND NOT UNDER THE PROVISIONS OF 22 U.S.C. SECTION 277E. THESE CLAIMS MAY NOW INCLUDE DAMAGES FOR PERSONAL INJURIES AS WELL AS DAMAGES TO PROPERTY.

8. IT IS FURTHER UNDERSTOOD THAT, UNDER THE PROVISIONS OF SECTION 424. (B) OF THE FEDERAL TORT CLAIMS ACT, CLAIMS ON ACCOUNT OF PROPERTY DAMAGE NOT CAUSED BY ANY NEGLIGENT OR WRONGFUL ACT OR OMISSION OF AN EMPLOYEE OF THE GOVERNMENT WHILE ACTING WITHIN THE SCOPE OF HIS OFFICE OR EMPLOYMENT AND FALLING WITHIN THE PURVIEW OF 22 U.S.C. SECTION 277E, MAY CONTINUE TO BE SETTLED UNDER THE PROVISIONS OF THE LATTER ACT, AND THAT THESE CLAIMS MAY BE ADJUSTED AND SETTLED BY THE UNITED STATES COMMISSIONER OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION UNDER THE AUTHORITY OF THE LETTER OF JULY 15, 1939 FROM THE SECRETARY OF STATE, ABOVE MENTIONED.

9. UNDER THE WORDING OF SECTION 403. (C) THE QUESTION RISES AS TO WHETHER THERE MUST BE SPECIFIC APPROPRIATIONS FOR THE PAYMENT OF CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT, OR WHETHER SUCH CLAIMS MAY BE PAID OUT OF THE GENERAL APPROPRIATIONS FOR THE UNITED STATES SECTION OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION. HERETOFORE CLAIMS ADJUSTED AND SETTLED UNDER THE PROVISIONS OF 22 U.S.C. SECTION 277E HAVE BEEN PAID OUT OF APPROPRIATIONS FOR THE PARTICULAR PROJECT, THE SURVEY, CONSTRUCTION, OPERATION, OR MAINTENANCE OF WHICH RESULTED IN THE DAMAGE COMPLAINED OF, OR OUT OF THE APPROPRIATION FOR THE GENERAL ACTIVITIES OF THE COMMISSION, INCLUDING THE OPERATION AND MAINTENANCE OF PROJECTS.

10. IN A LETTER DATED AUGUST 29, 1946 FROM THE COMPTROLLER GENERAL TO THE POSTMASTER GENERAL (B-59879), IT WAS HELD THAT CLAIMS NOW ARISING UNDER THE FEDERAL TORT CLAIMS ACT MAY BE PAID OUT OF AN APPROPRIATION FOR THE PAYMENT OF CLAIMS COGNIZABLE UNDER THE PROVISIONS OF THE ACT APPROVED JUNE 16, 1921 (5 U.S.C. 392), AS AMENDED BY THE ACT APPROVED JUNE 22, 1934 (31 U.S.C. 224C). IT IS APPARENT THAT THIS DECISION DOES NOT COVER THE PRESENT QUESTION, SINCE THE APPROPRIATION FOR THE POST OFFICE DEPARTMENT, TO WHICH REFERENCE WAS MADE, WAS FOR THE SPECIFIC PURPOSE OF PAYING CLAIMS, ALTHOUGH NOT MADE PURSUANT TO THE AUTHORIZATION IN THE FEDERAL TORT CLAIMS ACT. IN THE CASE OF THE UNITED STATES SECTION, INTERNATIONAL BOUNDARY AND WATER COMMISSION, AS POINTED OUT, THAT AGENCY HAS NO SPECIFIC APPROPRIATIONS FOR THE PAYMENT OF CLAIMS.

IN ORDER THAT THE QUESTIONS DISCUSSED IN THIS LETTER MAY BE AUTHORITATIVELY DETERMINED, I SUBMIT FOR YOUR CONSIDERATION AND ADVICE THE FOLLOWING QUESTIONS:

(A) IS THE AUTHORITY OF THIS DEPARTMENT AND OF THE UNITED STATES COMMISSIONER, INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, TO ADJUST AND SETTLE CLAIMS ARISING OUT OF THE OPERATIONS OF THE UNITED STATES SECTION OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, AND BASED UPON THE NEGLIGENCE OF THE OFFICERS OR EMPLOYEES OF SUCH UNITED STATES SECTION, CONFINED TO THE PROVISIONS OF THE FEDERAL TORT CLAIMS ACT, ABOVE QUOTED? PUTTING THIS QUESTION IN ANOTHER WAY: ARE THE PROVISIONS OF 22 U.S.C. SECTION 277E SUPERSEDED BY THE PROVISIONS OF THE FEDERAL TORT CLAIMS ACT WHERE CLAIMS ARE PREDICATED UPON THE NEGLIGENCE OF OFFICERS OR EMPLOYEES OF THE UNITED STATES SECTION?

(B) MAY CLAIMS ARISING OUT OF THE SURVEY, CONSTRUCTION, OPERATION, OR MAINTENANCE OF ANY PROJECT CONSTRUCTED OR ADMINISTERED THROUGH THE AMERICAN COMMISSIONER, INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO (NOW THE UNITED STATES COMMISSIONER, INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO), NOT BASED UPON THE NEGLIGENCE OR WRONGFUL ACT OR OMISSION OF AN EMPLOYEE OF SAID UNITED STATES SECTION WHILE ACTING WITHIN THE SCOPE OF HIS OFFICE OR EMPLOYMENT, AND WITHIN THE PURVIEW OF 22 U.S.C SECTION 277E, BE ADJUSTED AND PAID, AS IN THE PAST, BY THE UNITED STATES COMMISSIONER AS THE DESIGNEE OF THE SECRETARY OF STATE UNDER THE PROVISIONS OF 22 U.S.C. SECTION 277E? IF SO, MAY SUCH CLAIMS BE PAID, AS IN THE PAST, FROM FUNDS APPROPRIATED FOR THE PROJECTS OF SUCH UNITED STATES SECTION, WITHOUT THE NECESSITY OF SPECIFIC APPROPRIATIONS THEREFOR?

(C) MAY CLAIMS COGNIZABLE UNDER THE PROVISIONS OF THE FEDERAL TORT CLAIMS ACT AND ARISING OUT OF THE OPERATIONS OF THE UNITED STATES SECTION BE PAID OUT OF THE GENERAL APPROPRIATIONS FOR THE UNITED STATES SECTION, OR MUST THERE BE SPECIFIC APPROPRIATIONS FOR THE PAYMENT OF SUCH CLAIMS? IN ORDER TO CLARIFY THIS QUESTION IT SHOULD BE EXPLAINED THAT FOR THE FISCAL YEAR 1947 THERE WERE THREE APPROPRIATIONS FOR THE UNITED STATES SECTION: ONE FOR REGULAR BOUNDARY ACTIVITIES, INCLUDING EXAMINATIONS, PRELIMINARY SURVEYS, AND INVESTIGATIONS; ONE FOR DETAIL PLAN PREPARATION AND CONSTRUCTION OF PROJECTS (ALL OF THE CONSTRUCTION PROJECTS OF THE UNITED STATES SECTION BEING LUMPED UNDER ONE APPROPRIATION); AND A THIRD FOR RIO GRANDE EMERGENCY FLOOD PROTECTION. IT IS ANTICIPATED THAT APPROPRIATIONS FOR THIS AGENCY FOR THE FISCAL YEAR 1948 WILL BE GROUPED INTO THE SAME THREE CATEGORIES. IF IT SHOULD BE DETERMINED THAT THERE MUST BE A SPECIFIC APPROPRIATION FOR THE PAYMENT OF CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND ARISING OUT OF THE ACTIVITIES OF THE UNITED STATES SECTION, IS IT SUFFICIENT THAT AN ITEM FOR THIS PURPOSE BE INCLUDED IN THE APPROPRIATION FOR REGULAR BOUNDARY ACTIVITIES OR IN THE APPROPRIATION FOR CONSTRUCTION OF PROJECTS, OR, ALTERNATIVELY, MUST THERE BE A SEPARATE APPROPRIATION SPECIFICALLY FOR THE PAYMENT OF THESE CLAIMS, THUS NECESSITATING THE ADDITION OF A FOURTH CATEGORY OF APPROPRIATION IN THE APPROPRIATION ACT PERTAINING TO THE ACTIVITIES OF THE UNITED STATES SECTION?

YOUR ADVICE ON THESE MATTERS WILL BE APPRECIATED.

AS WAS POINTED OUT IN THE DECISION OF AUGUST 29, 1946, B-59879, 26 COMP. GEN. 149, REFERRED TO IN YOUR LETTER, BY REASON OF THE TERMS OF SECTIONS 424. (A) AND (B) OF THE FEDERAL TORT CLAIMS ACT APPROVED AUGUST 2, 1946, PUBLIC LAW 601, 60 STAT. 846, 847, THERE HAS RESULTED A REPEAL OF ALL STATUTES PROVIDING FOR THE ADMINISTRATIVE PAYMENT OF CLAIMS BASED ON NEGLIGENCE ACCRUING ON AND AFTER JANUARY 1, 1945--- THE FEDERAL TORT CLAIMS ACT NOW BEING THE SOLE AND EXCLUSIVE STATUTORY AUTHORITY FOR THE PAYMENT OF SUCH CLAIMS--- BUT, SO FAR AS CONCERNS NON NEGLIGENCE CLAIMS AND THOSE CLAIMS PREDICATED ON NEGLIGENCE WHICH ACCRUED PRIOR TO JANUARY 1, 1945, STATUTES PROVIDING FOR THE PAYMENT THEREOF REMAIN IN FULL FORCE AND EFFECT. THEREFORE, SECTION 277E, TITLE 22, U.S. CODE, NO LONGER PROVIDES A BASIS FOR THE ADMINISTRATIVE CONSIDERATION OR PAYMENT OF CLAIMS PREDICATED ON NEGLIGENCE FOR DAMAGES ARISING OUT OF THE ACTIVITIES OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, BUT, TO THE EXTENT THAT THE SAID PROVISION OF LAW AUTHORIZES THE SETTLEMENT OF CLAIMS NOT BASED UPON THE NEGLIGENCE OR WRONGFUL ACT OR OMISSION OF EMPLOYEES WHILE ACTING WITHIN THE SCOPE OF THEIR OFFICE OR EMPLOYMENT, AND THE PAYMENT THEREOF FROM FUNDS APPROPRIATED FOR THE PROJECTS OF THE UNITED STATES SECTION, IT IS STILL IN FULL FORCE AND EFFECT.

ACCORDINGLY, EACH OF THE QUESTIONS UNDER (A) AND (B) PRESENTED IN YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE.

IT LONG HAS BEEN ESTABLISHED THAT AN AUTHORIZATION OF APPROPRIATIONS, SUCH AS MADE BY SECTION 403. (C) OF PUBLIC LAW 601, 60 STAT. 843, DOES NOT CONSTITUTE AN APPROPRIATION OF PUBLIC MONEYS BUT CONTEMPLATES SUBSEQUENT LEGISLATION BY THE CONGRESS ACTUALLY APPROPRIATING SUCH FUNDS, 16 COMP. GEN. 1007; NOR DOES SUCH AN AUTHORIZATION RESULT IN EXPANDING THE SCOPE OF THE AVAILABILITY OF APPROPRIATIONS THEREAFTER MADE IN THE ABSENCE OF SPECIFIC PROVISIONS IN SAID APPROPRIATIONS TO INDICATE SUCH A PURPOSE, 19 COMP. GEN. 961. IT, THEREFORE, WILL BE NECESSARY THAT THE APPROPRIATIONS FOR THE UNITED STATES SECTION FOR THE FISCAL YEAR 1948 AND SUBSEQUENT FISCAL YEARS SPECIFICALLY PROVIDE FOR THE USE THEREOF FOR PAYMENT OF CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT. SPECIFICATION OF AVAILABILITY FOR SUCH PURPOSE IN EACH CATEGORY OF APPROPRIATIONS REFERRED TO IN QUESTION (C) WOULD APPEAR TO BE SUFFICIENT TO MEET THE REQUIREMENTS OF SECTION 403. (C) OF PUBLIC LAW 601. QUESTION (C) IS ANSWERED ACCORDINGLY.