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B-155877, JAN. 15, 1965, 44 COMP. GEN. 402

B-155877 Jan 15, 1965
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THE LIBRARY OF CONGRESS IS CONSIDERED AN "AGENCY" WITHIN THE MEANING OF THAT TERM AS IT IS USED IN THE ACT AND. APPLIES TO THE LIBRARY OF CONGRESS IS CORRECT. WAS APPLICABLE TO THE LIBRARY OF CONGRESS IN VIEW OF THE CONGRESSIONAL INTENT DISCLOSED BY THE LEGISLATIVE HISTORY OF THAT ACT. DISCLOSES THAT THE ACT WILL PROVIDE FOR THE SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES BY MEMBERS OF THE UNIFORMED SERVICES AND CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES FOR DAMAGE TO. WE FOUND NOTHING IN THE ACT OR ITS LEGISLATIVE HISTORY INDICATING THAT IT WAS THE INTENT OF CONGRESS TO EXCLUDE ANY FEDERAL AGENCY OR THE EMPLOYEES THEREOF FROM ITS COVERAGE. THE LEGISLATIVE HISTORY DISCLOSES THAT ONE OF THE CONSIDERATIONS OF THE CONGRESS IN ENACTING THE STATUTE IN QUESTION WAS TO OBVIATE THE NECESSITY FOR IT TO CONSIDER PRIVATE RELIEF BILLS IN CONNECTION WITH THE TYPE OF CLAIMS WHICH FALL WITHIN THE SCOPE OF THE ACT.

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B-155877, JAN. 15, 1965, 44 COMP. GEN. 402

PROPERTY - PRIVATE - DAMAGE, LOSS, ETC. - PERSONAL PROPERTY - CLAIMS ACT OF 1964 THE COVERAGE OF THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIMS ACT OF 1964, PROVIDING FOR THE SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES BY MEMBERS OF THE UNIFORMED SERVICES AND CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES FOR DAMAGE TO, OR LOSS OF PERSONAL PROPERTY INCIDENT TO THEIR SERVICE EXTENDING TO ALL GOVERNMENT AGENCIES AND THEIR EMPLOYEES, ACCORDING TO THE LEGISLATIVE HISTORY OF THE ACT, THE LIBRARY OF CONGRESS IS CONSIDERED AN "AGENCY" WITHIN THE MEANING OF THAT TERM AS IT IS USED IN THE ACT AND, THEREFORE, THE LIBRARY HAS THE ADMINISTRATIVE AUTHORITY TO SETTLE THE PERSONAL PROPERTY LOSS AND DAMAGE CLAIMS OF ITS EMPLOYEES PURSUANT TO THE ACT.

TO THE LIBRARIAN OF CONGRESS, JANUARY 15, 1965:

YOUR LETTER OF DECEMBER 30, 1964, REQUESTS A DECISION AS TO WHETHER YOUR INTERPRETATION THAT THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIMS ACT OF 1964, PUBLIC LAW 88-558, 78 STAT. 767, APPLIES TO THE LIBRARY OF CONGRESS IS CORRECT.

SECTION 2 (1) OF THE ABOVE-CITED ACT PROVIDES THAT:

"AGENCY" INCLUDES AN EXECUTIVE DEPARTMENT, INDEPENDENT ESTABLISHMENT, OR CORPORATION PRIMARILY ACTING AS AN INSTRUMENTALITY OF THE UNITED STATES, BUT DOES NOT INCLUDE ANY CONTRACTOR WITH THE UNITED STATES * * *.

AS INDICATED IN YOUR LETTER, WE HELD IN 26 COMP. GEN. 891 THAT THE FEDERAL TORT CLAIMS ACT, WHICH CONTAINS SUBSTANTIALLY SIMILAR STATUTORY LANGUAGE, WAS APPLICABLE TO THE LIBRARY OF CONGRESS IN VIEW OF THE CONGRESSIONAL INTENT DISCLOSED BY THE LEGISLATIVE HISTORY OF THAT ACT.

THE TITLE OF THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIMS ACT OF 1964, DISCLOSES THAT THE ACT WILL PROVIDE FOR THE SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES BY MEMBERS OF THE UNIFORMED SERVICES AND CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES FOR DAMAGE TO, OR LOSS OF, PERSONAL PROPERTY INCIDENT TO THEIR SERVICE. WE FOUND NOTHING IN THE ACT OR ITS LEGISLATIVE HISTORY INDICATING THAT IT WAS THE INTENT OF CONGRESS TO EXCLUDE ANY FEDERAL AGENCY OR THE EMPLOYEES THEREOF FROM ITS COVERAGE. THE LEGISLATIVE HISTORY DISCLOSES THAT ONE OF THE CONSIDERATIONS OF THE CONGRESS IN ENACTING THE STATUTE IN QUESTION WAS TO OBVIATE THE NECESSITY FOR IT TO CONSIDER PRIVATE RELIEF BILLS IN CONNECTION WITH THE TYPE OF CLAIMS WHICH FALL WITHIN THE SCOPE OF THE ACT. SEE PAGE 6 OF S.REPT. NO. 1423, 88TH CONGRESS.

THE LEGISLATIVE HISTORY OF THE ACT FURTHER DISCLOSES THAT ITS PURPOSE IS TO EXTEND TO OTHER AGENCIES OF THE GOVERNMENT THE AUTHORITY POSSESSED BY THE MILITARY DEPARTMENTS WITH RESPECT TO THE SETTLEMENT OF CLAIMS FOR LOSS OF, OR DAMAGE TO, PERSONAL PROPERTY OF MEMBERS OF THE ARMED SERVICES OR CIVILIAN EMPLOYEES OF THOSE DEPARTMENTS WHEN THE LOSS OR DAMAGE IS INCIDENT TO THEIR GOVERNMENT SERVICE. SEE PAGE 1 OF THE ABOVE-CITED SENATE REPORT. IN THIS SAME CONNECTION, IT IS STATED ON PAGE 2 OF H.REPT. (NO. 460) ON THE BILL WHICH BECAME THE 1964 ACT, THAT "THE ENACTMENT OF THE PROVISIONS OF H.R. 6910 WOULD EXTEND EQUIVALENT AUTHORITY TO ALL GOVERNMENT AGENCIES SO THAT ALL EMPLOYEES OF THE GOVERNMENT AND MILITARY PERSONNEL WOULD BE ENTITLED TO ASSERT SUCH CLAIMS. * * *" THE LAST QUOTED LANGUAGE MAKES IT CLEAR THAT THE CONGRESS INTENDED TO INCLUDE IN THE TERM "AGENCY," ALL GOVERNMENT AGENCIES AND FURTHER INTENDED THAT THE ACT BE APPLICABLE TO ALL FEDERAL EMPLOYEES.

IN LIGHT OF THE FOREGOING, WE AGREE WITH YOUR VIEW THAT THE LIBRARY OF CONGRESS IS AN "AGENCY" WITHIN THE MEANING OF THAT TERM AS USED IN THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIMS ACT OF 1964.

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