96-161. Payments Under Judgments And Private Relief Acts

[Federal Register Volume 61, Number 5 (Monday, January 8, 1996)]
[Proposed Rules]
[Pages 552-553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-161]



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DEPARTMENT OF THE TREASURY
Fiscal Service

31 CFR Part 256

RIN 1510-AA52


Payments Under Judgments And Private Relief Acts

AGENCY: Financial Management Service, Fiscal Service, Treasury.


[[Page 553]]

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to revise the regulations which govern 
the procedures for payments under Judgments and Private Relief Acts. It 
specifically addresses the procedures for applying for payments, and 
clarifies the payment process. These revisions are intended to provide 
greater clarity and understanding by replacing obsolete references and 
unnecessary requirements with current references and requirements.

DATES: Comments must be submitted on or before February 7, 1996.

ADDRESSES: Comments may be addressed to Charles F. Schwan III, 
Director, Funds Management Division, Financial Management Service, Room 
620D, 3700 East-West Highway, Hyattsville, MD 20782 or by FAX to the 
attention of Charles Schwan on [phone].

FOR FURTHER INFORMATION CONTACT: Charles F. Schwan III, [phone], 
Director, Funds Management Division; or Bernice Mays, [phone], 
Accountant, Credit Accounting Branch.

SUPPLEMENTARY INFORMATION:

Background

    The proposed revision will update the procedure for making claims. 
This will benefit claimants by reducing the requirements that must be 
followed in order to receive payment on judgments against the United 
States. This regulation currently sets a threshold for judgment claims 
greater than $100,000 and judgment claims equal to or less than 
$100,000. The change would eliminate the $100,000 threshold distinction 
for processing a claim.

Rulemaking Analysis

    It has been determined that this regulation is not a significant 
regulatory action as defined in Executive Order 12866. Accordingly, a 
regulatory assessment is not required. It is hereby certified that this 
revision will not have a significant economic impact on a substantial 
number of small entities. Accordingly, a regulatory flexibility 
analysis is not required. This change will clarify the regulation.

List of Subjects in 31 CFR Part 256

    Claims, Administrative practices and procedures.

    For the reasons set forth in the preamble, 31 CFR part 256 is 
proposed to be revised to read as follows:

PART 256--PAYMENTS UNDER JUDGMENTS AND PRIVATE RELIEF ACTS

Sec.
256.1  Judgments against the United States.
256.2  Payment of sums appropriated in private relief acts.

    Authority: 28 U.S.C. 2414; 31 U.S.C. 1304.


Sec. 256.1  Judgments against the United States.

    (a) Persons securing money judgments against the United States in 
the U.S. Court of Federal Claims are required to file original 
transcripts of such judgments with the Comptroller General of the U.S. 
General Accounting Office (GAO) in order to secure payment. In 
addition, the U.S. Department of Justice submits a voucher for payment 
with supporting documents to the GAO on behalf of the claimants. The 
GAO certifies payment on a Certificate of Settlement to the U.S. 
Treasury Department, Financial Management Service (FMS).
    (b) For persons securing money judgments against the United States 
in the U.S. district courts, the same procedures as described in 
paragraph (a) of this section apply, except that all of the necessary 
paperwork is forwarded directly to the GAO by the U.S. Department of 
Justice. Neither a filing nor a request for payment is required from 
the claimant securing a judgment. The GAO verifies that the voucher is 
proper for payment from the Judgment fund and transmits a certified 
award to FMS.
    (c) Payment is made to the claimant in accordance with the 
instructions as stated in the certified award.


Sec. 256.2  Payment of sums appropriated in private relief acts.

    Persons entitled to payment of sums appropriated in private relief 
acts should make application for payment to the Credit Accounting 
Branch, Financial Management Service, Treasury Department, Hyattsville, 
MD 20782. Upon receipt of an application, bearing the signature and 
mailing address of the beneficiary, the Credit Accounting Branch will 
initiate the necessary review of the applicable private law and will 
effect payment in accordance with the private law.

    Dated: November 22, 1995.
Russell D. Morris,
Commissioner.
[FR Doc. 96-161 Filed 1-5-96; 8:45 am]
BILLING CODE 4810-35-U