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B-178551 1 (1979-03-07)

handle is hein.gao/gaobadgyx0001 and id is 1 raw text is: /~'~~ ~\THE COJMPTROLLER 13E-NEF;AL D EC I S! D . N D~ F T HE u NITE ST-AT'ES' WASHINGTON, 0. C. 2054S 9317 FILE: B-i MATTER 0 DIGEST: I 78551 . DATE: March 7, 1979 F: ayment of judgmentsunder Back Pay Act and Title VII of Civil Rights Act 1. Judgments against the United States awarding back pay under the Back Pay Act but not indicating the dollar amount to be paid are nevertheless money judgments against the United States and therefore payable from the permant appropriation/established by 31 U. S. C. § 724a. ,owever, since an agency's computation of back pay is subject to judicial review, a judgment without a dollar amount cannot be considered final for purposes of certification for payment until GAO has been furnished the agency's computation together with written indication, administrative or judicial, that the plaintiff will accept the amount in satisfaction of the judgment. 2. /Even though the agency or unit head is the nominal defendant in an employment discrimination suiyunder Title VII of the Civil Rights Act of 964, as amended, 4-sui under 42 U.S. C. § 2000e-1 is nevertheless a suit against the United States. Judgments against the Federal Government in Title-V+I- actions are therefore payable from the permanent appropriation established by 31 U. S. C. § 724a. This decision is the result of two questions which have arisen in recent months. The questions involve the source of funds for the payment of judgments and awards against the United States in various contexts, and hence are treated together. * For the most part, judgments against the United States are paid from the permanent indefinite appropriation contained in 31 U. S. C. § 724a (1976), as amended by Pub. L. No. 95-26 (May 4, 1977), 91 Stat. 61, 96, set forth in pertinent part below: There are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for the payment, not otherwise provided for, as certified by the Comptroller General, of final judgments, awards, and compromise settlements, 'which are payable in accordance with the terms of section 2414, 2517, 2672, or 2677 of Title 28 *.

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