Highlights
The Federal Energy Regulatory Commission (FERC) asks whether its appropriated funds are available to indemnify certain parties for liability incurred if the parties negligently harm FERC inspectors performing official duties. The Federal Employees' Compensation Act (FECA) establishes a statutory framework through which federal employees can receive compensation from the federal government if they are injured or die in the performance of their official duties. The compensation provided by FECA is federal employees' exclusive remedy against the United States for injury or death suffered in the performance of their official duties. If FERC instead assumes liability for the death or injuries of its inspectors, it would circumvent the process established by FECA and provide an alternative remedy for its inspectors to recover against the United States. Because FERC does not have any specific statutory authority to circumvent FECA or provide such an alternative remedy, it may not use its appropriated funds to indemnify these parties.
View Decision
Decision
Matter of: Federal Energy Regulatory Commission—Use of Appropriated Funds to Indemnify Parties Who Negligently Harm FERC Inspectors
File: B-332444
Date: December 14, 2022
DIGEST
The Federal Energy Regulatory Commission (FERC) asks whether its appropriated funds are available to indemnify certain parties for liability incurred if the parties negligently harm FERC inspectors performing official duties. The Federal...
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