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B-208999 1 (1982-09-13)

handle is hein.gao/gaobadphm0001 and id is 1 raw text is: FNo CIRCULATION -J/I 11 CO0MPTROLLER G;ENERAL [Or' THE UNIT ED STATES 164' WASHINGTON 0.C. 2 .4 September 13, 1982 B-208999 The Honorable J. Paul McGrath Assistant Attorney General Civil Division Department of Justice RE: Paralyzed Veterans of America, et al. C.D. Cal., Civil No. 79-1979-WPG, and et al. v. United States, C.D. Cal., Civ No 80-5368-WPG Dear Mr. McGrath: The purpose of this letter is to confirm discussions between members of our respective staffs to the effect that we have no legal authority to certify a judgment against the United States for payment where the Justice Department has made a determination to file an appeal. The issue arises in the two subject cases in the form of interim awards of attorney's fees by the district court. Our authority to certify judgments for p yment is governed by statute. First, 28 U.S.C. § 2414provides in part: r [Playment of final judgments rendered by a district court against the United States shall be made on settlements by the General Accounting Office. * * * Whenever the Attorney General determines that no appeal shall be taken from a judgment or that no further review will be sought from a decision affirming the same, he shall so certify and the judgment shall be deemed final. (Emphasis added.) A similar requirement exis for judgments of the Court of Claims in 28 U.S.C. § 2517.X In addition, most judgments against the United States are paid, upon certification by the General Accounting Office, from the permanent indef- inite appropriation established by section 1302 of the Sup- plernen 4 Appropriation Act of 1937, as amended, 31 U.S.C. S 724a,Kwhich provides:

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