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B-182158 1 (1978-06-20)

handle is hein.gao/gaobadtsp0001 and id is 1 raw text is: 


                    UNITED STATES GENERAL ACCOUNTING OFFICE                 800
                              WASHINGTON, D.C. 20548


OPWICE OF GENERAL COUNSEL                                     B-IS 2158




      SHerman Arens
      Magistrates Division
      Adaistrative Office of the
        United States Courts
      ashington, D.C. 20544

      Dear Mr., Areas:

           Recently, you nay recall, v discused the payment of interest on
      Judgmts against -the Unite   States. It has occurrtd to a that the
      natter might benefit from flarther elaboration.

           One problem the General Aceountint Office (GAO) ecounters quite
      frequently ln paying JWu'pets against the Uitead States omearns the
      awarding of post-judgment interest. Ude-r the teras of the peranent
      tieflnite judgment appropriatio , 31 U.SC, 724a, itearesat is Payable
      on judgments against the United States only whte the Covernmt appeals,
      and then only from the date the judpent is filed with G&O to the date
      of the mandate of affirwsne. The judgmtat seed not nention interest
      specifically; this provision will be applied autoatically.

           In %any cases, however, especially in the. diaxict curts, specific
      interest awards are written into the original judgrents where interest
      on claims aalint the United StrAtes is not anthoriaed (except as provided
      by section 724a), In such instaces, vhre the judgments have becone
      final, n have no alternative to paying thp interest specified in the
      Juadgents, even though Improparly itncluded. As an enwple of such a
      situation, see the enclosed copy of our decision B-l33576, Aust 26,
      1977. There ts of course amjle case law to vupport xodifitation of
      thase Judgments throuSh otion or appeal. See, for example, the cases
      cited in ow  rteent decision )3-191028 , 2larh 27, 1978$, a copy of hich
      is enclosed for your ±nfotstioo. Occasionally, by the t me a judgment
      reacheos GAO, considerable time has elapsed and It is diffircult if not
      Impossible for the DepaTtent of Justice to teek judicial modification.

           Az itdicate$ above, a judment need not mention interest specifically
      since the provisians of 31 U.S.C. I 724a will be applied autoatically.
      If it is desired to inlude soze meation of interest in a Judgment, general
      language such as interest as provided by law is sufflcient and is the


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