B-130140, JAN. 29, 1957

B-130140: Jan 29, 1957

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SCOTT WHILE HE WAS EMPLOYED BY THE ALASKA ROAD COMMISSION DURING THE PERIOD JANUARY 7. WAS ADVISED BY OUR CLAIMS DIVISION LETTER OF NOVEMBER 9. THE CERTIFICATE WAS CANCELED FOR THE REASON THAT NO FUNDS WERE AVAILABLE FOR PAYMENT THEREOF AND THAT THE HOUSE COMMITTEE ON APPROPRIATIONS HAS TAKEN THE POSITION THAT NO APPROPRIATION THEREFOR SHALL BE MADE UNTIL THE EQUITIES INVOLVED ARE ADJUDICATED BY THE COURT OF CLAIMS AND THE CLAIM IS REDUCED TO JUDGMENT. PROVIDES IN PERTINENT PART AS FOLLOWS: "THERE ARE APPROPRIATED. 000 IN ANY ONE CASE) RENDERED BY THE DISTRICT COURTS AND THE COURT OF CLAIMS AGAINST THE UNITED STATES WHICH HAVE BECOME FINAL. TOGETHER WITH SUCH INTEREST AND COSTS AS MAY BE SPECIFIED IN SUCH JUDGMENTS OR OTHERWISE AUTHORIZED BY LAW: " IT IS CLEAR THAT THE MONEY APPROPRIATED BY THE SECTION JUST QUOTED IS FOR PAYMENT OF JUDGMENTS RENDERED BY THE DISTRICT COURTS AND THE COURT OF CLAIMS AGAINST THE UNITED STATES.

B-130140, JAN. 29, 1957

TO MR. RAY R. MURDOCK:

YOUR LETTER OF NOVEMBER 20, 1956, ADDRESSED TO AN EMPLOYEE OF OUR CLAIMS DIVISION, REQUESTS RECONSIDERATION OF OUR ACTION IN CANCELING THE CERTIFICATE OF SETTLEMENT NO. 1776007 DATED SEPTEMBER 16, 1949 (CLAIM NO. Z-8731) ISSUED TO LANNAH Z. SCOTT, NOW DECEASED. THE CERTIFICATE COVERS A CLAIM FILED FOR OVERTIME ALLEGED TO BE DUE MR. SCOTT WHILE HE WAS EMPLOYED BY THE ALASKA ROAD COMMISSION DURING THE PERIOD JANUARY 7, 1939, TO MARCH 4, 1945.

AS MRS. SCOTT, HIS WIDOW, WAS ADVISED BY OUR CLAIMS DIVISION LETTER OF NOVEMBER 9, 1956, MAILED IN CARE OF YOU, THE CERTIFICATE WAS CANCELED FOR THE REASON THAT NO FUNDS WERE AVAILABLE FOR PAYMENT THEREOF AND THAT THE HOUSE COMMITTEE ON APPROPRIATIONS HAS TAKEN THE POSITION THAT NO APPROPRIATION THEREFOR SHALL BE MADE UNTIL THE EQUITIES INVOLVED ARE ADJUDICATED BY THE COURT OF CLAIMS AND THE CLAIM IS REDUCED TO JUDGMENT. YOU NOW CALL OUR ATTENTION TO SECTION 1302 OF CHAPTER XIII OF PUBLIC LAW 814, 84TH CONGRESS, SECOND SESSION, APPROVED JULY 27, 1956, WHICH YOU SAY APPROPRIATED FUNDS FOR THE PAYMENT OF CLAIMS CERTIFIED BY THE COMPTROLLER GENERAL. YOU ALSO SAY THAT THE COURT OF CLAIMS HAS REPEATEDLY HELD THAT NOTICES OF SETTLEMENT OF THESE CLAIMS CANNOT BE UNILATERALLY CANCELED.

SECTION 1302, 70 STAT. 694, PROVIDES IN PERTINENT PART AS FOLLOWS:

"THERE ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, AND OUT OF THE POSTAL REVENUES, RESPECTIVELY, SUCH SUMS AS MAY HEREAFTER BE NECESSARY FOR THE PAYMENT, NOT OTHERWISE PROVIDED FOR, AS CERTIFIED BY THE COMPTROLLER GENERAL, OF JUDGMENTS (NOT IN EXCESS OF $100,000 IN ANY ONE CASE) RENDERED BY THE DISTRICT COURTS AND THE COURT OF CLAIMS AGAINST THE UNITED STATES WHICH HAVE BECOME FINAL, TOGETHER WITH SUCH INTEREST AND COSTS AS MAY BE SPECIFIED IN SUCH JUDGMENTS OR OTHERWISE AUTHORIZED BY LAW: "

IT IS CLEAR THAT THE MONEY APPROPRIATED BY THE SECTION JUST QUOTED IS FOR PAYMENT OF JUDGMENTS RENDERED BY THE DISTRICT COURTS AND THE COURT OF CLAIMS AGAINST THE UNITED STATES, AS CERTIFIED BY THE COMPTROLLER GENERAL. THE MONEY IS NOT AVAILABLE FOR PAYMENT OF CLAIMS SETTLED BY THE COMPTROLLER GENERAL WHICH ARE NOT THE SUBJECT OF JUDGMENTS BY THE SAID COURTS.

ACCORDINGLY, SINCE WE ARE NOT AWARE OF A COURT JUDGMENT HAVING BEEN RENDERED IN MR. SCOTT'S CASE, THE MONEY APPROPRIATED BY SECTION 1302 OF THE ABOVE-CITED ACT IS NOT AVAILABLE TO PAY THE CLAIM IN THIS CASE.