B-155877, JUN 22, 1971

B-155877, JUN 22, 1971

MILITARY PERSONNEL AND CIVILIAN EMPLOYEE'S CLAIMS ACT - JUDICIARY ADVISING THAT THE JUDICIAL BRANCH OF THE U.S. GOVERNMENT MAY PAY CLAIMS PURSUANT TO THE MILITARY PERSONNEL AND CIVILIAN CLAIMS ACT OF 1964, 31 U.S.C. 240-243, SINCE THE COMP. GEN. VIEWS THAT THE JUDICIAL BRANCH FALLS WITHIN THE INTENDED PURVIEW OF THE TERM "AGENCY" AS USED IN THE ACT AND THAT THE ACT IS APPLICABLE TO EMPLOYEES OF THE U.S. COURTS AS EMPLOYEES OF THE FEDERAL GOVERNMENT.

TO MR. KIRKS:

REFERENCE IS MADE TO YOUR LETTER OF MAY 3, 1971, REQUESTING A DECISION, WITH RESPECT TO THREE SPECIFIC CLAIMS, AS TO WHETHER THE JUDICIAL BRANCH OF THE UNITED STATES GOVERNMENT MAY PAY CLAIMS PURSUANT TO THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIMS ACT OF 1964, PUB. L. 88-558, 78 STAT. 767, AS AMENDED 31 U.S.C. 240-243. YOU FURTHER REQUEST OUR ADVICE AS TO THE APPLICATION TO THESE CLAIMS OF SUCH REGULATIONS AS MAY BE ADOPTED IN ADMINISTERING THE PROVISIONS OF THE ACT.

IN 44 COMP. GEN. 402 (1965) WE HELD THAT THE ACT APPLIES TO THE LIBRARY OF CONGRESS WHICH IS IN THE LEGISLATIVE BRANCH OF THE GOVERNMENT. CONCLUDED THEREIN, AFTER CAREFUL STUDY OF THE ACT AND ITS LEGISLATIVE HISTORY, 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."

ACCORDINGLY, IT IS OUR VIEW THAT THE JUDICIAL BRANCH OF THE FEDERAL GOVERNMENT FALLS WITHIN THE INTENDED PURVIEW OF THE TERM "AGENCY," AS USED IN THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIMS ACT OF 1964, AND THAT THE ACT IS APPLICABLE TO EMPLOYEES OF THE UNITED STATES COURTS AS EMPLOYEES OF THE FEDERAL GOVERNMENT.

SECTION 3(B) OF THE ACT AUTHORIZES THE HEAD OF AN AGENCY OR HIS DESIGNEE UNDER SUCH REGULATIONS AS THE AGENCY HEAD MAY PRESCRIBE TO SETTLE AND PAY CERTAIN CLAIMS BY AN EMPLOYEE OF THAT AGENCY FOR DAMAGE TO, OR LOSS OF PERSONAL PROPERTY INCIDENT TO HIS SERVICE. REGARDING THE PAYMENT OF THE THREE SPECIFIC CLAIMS SUBMITTED WITH YOUR LETTER OF MAY 3, SECTION 4 OF THE ACT PROVIDES THAT:

"NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SETTLEMENT OF A CLAIM UNDER SECTIONS 240-242 IS FINAL AND CONCLUSIVE." IN VIEW OF THESE PROVISIONS ANY CLAIMS MADE PURSUANT TO THE ACT ARE TO BE CONSIDERED BY THE HEAD OF THE INVOLVED AGENCY, OR HIS DESIGNEE, UNDER REGULATIONS PRESCRIBED BY THE AGENCY HEAD AND SETTLEMENT THEREOF IS FINAL AND CONCLUSIVE. THE CONSIDERATION OF SUCH CLAIMS IS NOT WITHIN THE JURISDICTION OF THIS OFFICE. SEE 47 COMP. GEN. 316 (1967).

FINAL SETTLEMENT OF THE CURRENT CLAIMS IS A MATTER TO BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF THE ACT AND SUCH REGULATIONS AS MAY BE ISSUED BY YOUR AGENCY. SUCH REGULATIONS, UPON THEIR ISSUANCE, MAY BE APPLIED RETROACTIVELY IN CONSIDERING THESE AND ALL OTHER PRIOR CLAIMS.