B-162076 August 7, 1967

B-162076 August 7, 1967

The Honorable John J. Rhodes House of Representatives

Dear Mr. Rhodes:

In response to your request of July 13, 1967, we have considered the questions that Mr. Robert C. Kelso addressed to you in his letter of July 11, 1967.

If an individual recovers over $100,000 in an action brought against the United States under the Federal Tort Claims Act, 31 U.S.C. 724a (the Code provision referred to in Mr. Kelso's letter), does not apply, and he must await a special appropriation from Congress. 31 U.S.C. 724a provides for a lump sum of money for payment of judgements not in excess of $100,000.

When a judgement in excess of $100,000 is obtained the following steps are taken. The Justice Department forwards a certified copy of the judgement together with a statement that the judgement is final to the Bureau of Accounts of the Treasury Department. The Bureau of Accounts assembles the necessary papers and recommendations for submission to the Bureau of the Budget. As the time for the next supplemental appropriation request approaches, the Bureau of the Budget so advised the Treasury Department and that Department forwards its recommendations with documentation to the Bureau for inclusion in the supplemental appropriation request. This information, when received by the Congress, is included in House and Senate Documents. See for example, H. Doc. No. 190, 90th Cong., 25, enclosed. After the supplemental bill is enacted into law the Treasury Department submits the judgement with whatever other papers they have regarding the matter to the General Accounting office. Our Office then issues its certificate of settlement which, in part, cites the appropriate appropriation act and House and Senate Documents and, on the basis of this certificate, a check in the appropriate amount issued from the Treasury Department.

Interest will accrue on the judgement while the claimant is awaiting the special appropriation. See United States v. State of Maryland, 349 F. 2d 693 (C.A. D.C. 1965). 28 U.S.C. 2411(b) states that on all final judgements rendered against the United States under the Federal Tort Claims Act, interest shall be computed at the rate of 4 percent per annum from the date of the judgement up to but not exceeding thirty days after the approval of any appropriation act providing for payment of the judgement.

The enclosure accompanying your letter is returned, as requested.

Sincerely yours,

FRANK H. WEITZEL Assistant Comptroller General of the United States

Enclosures