Obtaining Payments From the Judgment Fund and Under Private Relief Bills, 60848-60852 [E6-17229]
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60848
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
Finally, 31 CFR 224.6 currently states
that a listing of the divisional offices of
the court in each judicial district may be
obtained from the Surety Bond Branch,
Financial Management Service, U.S.
Department of the Treasury. This
information is available directly from
the U.S. Courts. Therefore, the
regulation is revised to provide the
contact information for the U.S. Courts.
224.5 Who may a surety corporation
appoint to be a process agent?
224.6 Where can I find a sample power of
attorney form?
224.7 Where can I find a list of United
States district court offices?
224.8 When must a surety corporation
appoint a new process agent?
Regulatory Analyses
Administrative Procedure Act. We did
not publish a Notice of Proposed
Rulemaking (NPRM) for this regulation.
Under 5 U.S.C. 553(b)(B), a rule is
exempt from notice and comment
rulemaking requirements if the agency
finds that notice and public comment
are unnecessary or contrary to the
public interest. This rule reflects
provisions that are already in effect as
a matter of law. The changes will have
no substantive effect on the public;
therefore, it is unnecessary to publish an
NPRM. Likewise, for the same reasons a
delayed effective date is not required.
Clarity of Regulations. Executive
Order 12866 requires each agency to
write regulations that are easy to
understand. We invite comment on how
to make this rule clearer. For example,
you may wish to discuss: (1) Whether
we have organized the material to suit
your needs; (2) whether the
requirements of the rule are clear; or (3)
whether there is something else we
could do to make this rule easier to
understand.
Executive Order 12866. FMS has
determined that this regulation is not a
significant action as defined in
Executive Order 12866. Therefore, a
regulatory assessment is not required.
Regulatory Flexibility Act. Because no
notice of proposed rulemaking is
required, the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply.
This part provides guidance on when
a surety corporation must appoint a
service of process agent and how the
surety corporation complies with this
requirement.
List of Subjects in 31 CFR Part 224
Bonding, Insurance, Insurance
companies, Sureties, Surety bonds,
Process agents.
I For the reasons set forth in the
preamble, 31 CFR part 224 is revised as
follows:
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PART 224—FEDERAL PROCESS
AGENTS OF SURETY CORPORATIONS
Sec.
224.1 What does this part cover?
224.2 Definitions.
224.3 When may a surety corporation
provide a bond without appointing a
process agent?
224.4 When must a surety corporation
appoint a process agent?
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Authority: 31 U.S.C. 9306 and 9307.
§ 224.1
§ 224.2
What does this part cover?
Definitions.
For purposes of this regulation:
(a) Principal means the person or
entity required to provide a surety bond.
(b) Process agent means a resident
agent for service of process.
(c) State means a State, the District of
Columbia, or a territory or possession of
the United States.
§ 224.3 When may a surety corporation
provide a bond without appointing a
process agent?
A surety corporation may provide a
bond without appointing a process
agent when the State where the bond is
filed, the State where the principal
resides, and the State where the surety
corporation is incorporated are the
same.
§ 224.4 When must a surety corporation
appoint a process agent?
A surety corporation must appoint a
process agent when either the State
where the bond is filed or the State
where the principal resides is different
from the State where the surety
corporation is incorporated. In such a
case, the surety corporation must
appoint a process agent in each such
State that is different from the State
where the surety is incorporated.
§ 224.5 Who may a surety corporation
appoint to be a process agent?
A surety corporation may appoint
either of the following as process
agent—(a) An official of the State who
is authorized or appointed under the
law of that jurisdiction to receive
service of process on the surety
corporation; or
(b) An individual who resides in the
jurisdiction of the district court for the
district in which a surety bond is filed
and who is appointed by the surety
corporation by means of a power of
attorney. A certified copy of the power
of attorney must be filed with the clerk
of the district court for the district in
which a surety bond is to be provided.
In addition, the surety corporation must
provide the clerk of the United States
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District Court at the main office in each
judicial district with the required
number of authenticated copies of the
power of attorney for each divisional
office of the court within that judicial
district.
§ 224.6 Where can I find a sample power
of attorney form?
The Surety Bond Branch provides a
sample form on its Web page located at:
https://www.fms.treas.gov/c570. While
use of the sample form is not required,
any power of attorney provided should
be substantially the same as the sample
form.
§ 224.7 Where can I find a list of United
States district court offices?
A list of the divisional offices of the
court in each judicial district may be
obtained from the Federal Judiciary,
U.S. Courts Web page at https://
www.uscourts.gov, or by mail by writing
to: Office of Public Affairs,
Administrative Office of the U.S. Courts,
Washington, DC 20544.
§ 224.8 When must a surety corporation
appoint a new process agent?
The surety corporation must
immediately appoint a new process
agent whenever the authority of a
process agent is terminated by reason of
revocation, disability, removal from the
district, or any other cause.
Dated: October 11, 2006.
Kenneth R. Papaj,
Commissioner.
[FR Doc. E6–17225 Filed 10–16–06; 8:45 am]
BILLING CODE 4810–35–P
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 256
RIN 1510–AA52
Obtaining Payments From the
Judgment Fund and Under Private
Relief Bills
Financial Management Service,
Fiscal Service, Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: The Financial Management
Service (FMS) is revising 31 CFR part
256, governing how Federal government
agencies (agencies) obtain payments
from the Judgment Fund, 31 U.S.C.
1304, and how individuals obtain
payments under private relief acts. The
revision reflects current rules and
procedures; it does not include any
substantive changes.
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This rule is effective on October
17, 2006.
FOR FURTHER INFORMATION CONTACT:
Kevin McIntrye, Manager, Judgment
Fund Branch, at (202) 874–6664 or
Kevin.McIntrye@fms.treas.gov; or
William J. Erle, Senior Counsel, at (202)
874–6680 or
William.Erle@fms.treas.gov.
DATES:
SUPPLEMENTARY INFORMATION:
Background
FMS is the Treasury Department
bureau that administers and certifies
payments from the Judgment Fund, 31
U.S.C. 1304. Pursuant to Public Law
104–53 (November 19, 1995), the
Judgment Fund function was transferred
from the General Accounting Office
(GAO), now known as the Government
Accountability Office, to the Office of
Management and Budget (OMB). OMB
delegated this responsibility to the
Treasury Department.
We are revising 31 CFR part 256, in
part, to clarify that Judgment Fund
payment requests are no longer
submitted to GAO, to remove the
reference to obsolete processing
requirements for awards that are above
$100,000 (this statutory ceiling was
removed in 1977 by Public Law 95–26),
to provide guidance on the kinds of
awards that are properly payable from
the Judgment Fund, and to provide
information on the current procedures
for obtaining such payments. This rule
seeks to provide guidance to agencies
government-wide that submit requests
for payments from the Judgment Fund
for paying litigative and administrative
awards. Additionally, it provides
direction to private attorneys regarding
filing requirements necessary to
preserve the right to interest.
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Regulatory Analyses
Administrative Procedure Act. This
rule reflects provisions that are already
in effect as a matter of law and provides
information on the current procedures
for obtaining payments from the
Judgment Fund. Under 5 U.S.C.
553(b)(B), this rule is exempt from
notice and comment rulemaking
requirements on the grounds that the
amendments are non-substantive and
further delay in making these
amendments is unnecessary and
contrary to the public interest. Likewise,
for the same reasons a delayed effective
date is not required.
Clarity of Regulations. Executive
Order 12866 requires each agency to
write regulations that are easy to
understand. We invite comment on how
to make this rule clearer. For example,
you may wish to discuss: (1) Whether
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02:22 Oct 17, 2006
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we have organized the material to suit
your needs; (2) whether the
requirements of the rule are clear; or (3)
whether there is something else we
could do to make this rule easier to
understand.
Executive Order 12866. FMS has
determined that this rulemaking is not
a significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required.
Regulatory Flexibility Act. Because no
notice of proposed rulemaking is
required, the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply.
List of Subjects in 31 CFR Part 256
Awards, Claims, Costs, Interest,
Judgment Fund, Judgments, Tort claims.
For the reasons stated in the preamble,
part 256 of title 31 of the Code of
Federal Regulations is revised as
follows:
I
PART 256—OBTAINING PAYMENTS
FROM THE JUDGMENT FUND AND
UNDER PRIVATE RELIEF BILLS
Subpart A—General Information
Sec.
256.0 What does this part cover?
256.1 What is Treasury’s role in paying
awards and settlements from the
Judgment Fund?
256.2 Where can I find more information
about, and forms for, Judgment Fund
payments?
Subpart B—Requesting Payments
256.10 Who may request payment from the
Judgment Fund?
256.11 How do agencies request payments?
256.12 What supporting documentation
must agencies submit to FMS when
requesting a payment from the Judgment
Fund?
256.13 Are agencies required to supply a
taxpayer identification number (TIN)
when submitting a request for payment?
256.14 What happens if I submit an
incomplete request for payment?
Subpart C—Debt Collection
256.20 How does an agency indicate that a
debt is to be offset from a Judgment Fund
payment?
256.21 Are Judgment Fund payments offset
to collect administrative debts?
256.22 How does FMS set off an award
under 31 U.S.C. 3728?
Subpart D—Interest and Litigation Costs
256.30 When does the Judgment Fund pay
interest?
256.31 How does FMS compute interest on
payments?
256.32 What documentation must be
submitted to the Judgment Fund Branch
to preserve the right to seek interest
under 31 U.S.C. 1304(b) in a case where
the government has taken an appeal?
256.33 For what period of time is interest
computed under 31 U.S.C. 1304(b)?
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256.34 Does the Judgment Fund pay all
litigation costs?
Subpart E—Reimbursements to the
Judgment Fund
256.40 When must an agency reimburse the
Judgment Fund?
256.41 When is reimbursement due for
CDA and No FEAR payments?
Subpart F—Additional Provisions
256.50 How does FMS process back pay
awards?
256.51 Does FMS report Judgment Fund
payments to the IRS as income to the
payee on IRS Form 1099?
256.52 How does FMS issue a payment?
256.53 How does the submitting agency
know when payment is made?
256.54 What happens if FMS denies a
request for payment?
Subpart G—Private Relief Bills
256.60 How do I get paid for a Private Relief
Bill?
Authority: 31 U.S.C. 1304, 3728; 41 U.S.C.
612; 5 U.S.C. 2301 note.
Subpart A—General Information
§ 256.0
What does this part cover?
This part applies to payments made
by the U.S. Department of the Treasury
(Treasury) pursuant to the Judgment
Fund statute, 31 U.S.C. 1304.
§ 256.1 What is Treasury’s role in paying
awards and settlements from the Judgment
Fund?
(a) The Judgment Fund is a
permanent, indefinite appropriation
which is available to pay many
judicially and administratively ordered
monetary awards against the United
States. In addition, amounts owed under
compromise agreements negotiated by
the U.S. Department of Justice in
settlement of claims arising under actual
or imminent litigation are normally paid
from the Judgment Fund, if a judgment
on the merits would be payable from the
Judgment Fund. Treasury’s Financial
Management Service (FMS) certifies
payments from the Judgment Fund
when the following four tests have been
met: (1) Awards or settlements are final;
(2) Awards or settlements are monetary;
(3) One of the authorities specified in 31
U.S.C. 1304(a)(3) provides for payment
of the award or settlement; and (4)
Payment may not legally be made from
any other source of funds.
(b) Additionally, FMS requires that
requests for payment identify the statute
that forms the basis of the underlying
claim. The award or settlement must
comply with the statutory and
regulatory requirements that authorize
the award or settlement. For example,
interest is payable on Judgment Fund
awards only if there is an express
statutory provision, contractual
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agreement or constitutional waiver of
sovereign immunity authorizing the
assessment of interest against the United
States. Also, a tort under the Federal
Tort Claims Act (FTCA) is payable from
the Judgment Fund only when the
award amount exceeds $2,500 (for
administrative awards) and is in
compliance with the regulatory
requirements at 28 CFR part 14.
§ 256.2 Where can I find more information
about, and forms for, Judgment Fund
payments?
Detailed information related to
Judgment Fund payments, including
copies of all forms, can be found in the
Treasury Financial Manual (TFM),
Volume I, Part 6, Chapter 3100. The
TFM is available on the Judgment Fund
Web site at https://www.fms.treas.gov/
judgefund. Contact information for the
Judgment Fund Branch is also available
on the Web site.
Subpart B—Requesting Payments
§ 256.10 Who may request payment from
the Judgment Fund?
(a) Court judgments and settlements
of litigation. The Department of Justice
must normally submit the request for
payment from the Judgment Fund.
Agencies that have independent
litigating authority may submit a request
for payment themselves if the
Department of Justice is not responsible
for the case.
(b) Administrative awards. The
program agency that is authorized to
approve the award must submit the
request for payment.
§ 256.11 How do agencies request
payments?
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Agencies must submit requests for
payments from the Judgment Fund on
FMS’s Judgment Fund payment request
forms or by using other approved
methods as provided for on the
Judgment Fund Web site at https://
www.fms.treas.gov/judgefund. FMS
provides forms and detailed information
about Judgment Fund payments in the
TFM, Volume I, Part 6, Chapter 3100.
The TFM is also available on the
Judgment Fund Web site. The
submitting agency must complete and
sign all required Judgment Fund forms
and must attach all required supporting
documents.
§ 256.12 What supporting documentation
must agencies submit to FMS when
requesting a payment from the Judgment
Fund?
(a) All payments. The submitting
agency must submit a copy of the
judgment or settlement agreement, as
applicable, in addition to the request for
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payment from the Judgment Fund. The
request for payment must be on the
appropriate Judgment Fund payment
request forms.
(b) Awards to minors. For awards to
claimants that are minors, the
submitting agency must include in its
submission to FMS documentation
establishing that the payee, if different
from the claimant, is legally authorized
to act on behalf of the claimant.
Documentation of court approvals
(Federal, State, or foreign) that are
legally required for payment must be
submitted along with the request for
payment from the Judgment Fund. State
law typically specifies when money
awards to minors require the
appointment of a guardian. Agencies
must list the appropriate controlling
state law citation on the payment
request forms.
(c) Awards of costs. For awards of
costs, the submitting agency must
include a copy of the ‘‘bill of costs’’ or
the Court’s order awarding costs. Only
those items expressly enumerated under
the cost statute, 28 U.S.C. 1920, or other
governing statute specific to the award,
are payable from the Judgment Fund.
(d) Payments to multiple claimants/
payees in a single award. For awards
where multiple payees are to receive
separate payments, the submitting
agency must complete separate
Judgment Fund Vouchers for Payment
for each payee. When there are multiple
claimants in an administrative tort
matter, each claimant’s award must
independently exceed the mandatory
$2,500 threshold in order for payment to
be made from the Judgment Fund. A
claimant’s threshold can be satisfied by
combining amounts awarded for
personal and property damage under the
FTCA.
(e) Awards of back pay. For awards of
back pay where the judgment does not
specifically state the principal amounts
to be paid and withholdings to be made,
the submitting agency must include a
spreadsheet indicating precisely which
amounts are allocable to net pay,
deductions, and interest.
§ 256.13 Are agencies required to supply a
taxpayer identification number (TIN) when
submitting a request for payment?
Yes, agencies must include a valid
TIN on all requests for payments, unless
the situation meets one of the
exceptions listed in the FMS TIN Policy,
which may be found on the FMS Web
site at: https://www.fms.treas.gov/
tinpolicy/regulations.html. For an
individual, the TIN is the Social
Security Number. For a business, the
TIN is the Employer Identification
Number issued by IRS. The TIN
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provided must be for the party entitled
to the payment, whether or not that
party is the payee. Failure to include a
required TIN results in an incomplete
request for payment.
§ 256.14 What happens if I submit an
incomplete request for payment?
FMS may return, without action, any
request for payment that is incomplete.
If a request for payment is returned for
lack of necessary information, the
submitting agency may resubmit the
request for payment once all the
required information is available.
Subpart C—Debt Collection
§ 256.20 How does an agency indicate that
a debt is to be offset from a Judgment Fund
payment?
The submitting agency must identify
on the appropriate Judgment Fund form
any known debt owed to the United
States that FMS is expected to collect by
setoff against the award. Such a debt
will be offset pursuant to the provisions
of 31 U.S.C. 3728.
§ 256.21 Are Judgment Fund payments
offset to collect administrative debts?
Yes, separate and apart from its role
as administrator of the Judgment Fund,
FMS, in its capacity as disbursing
official for the executive branch, offsets
Judgment Fund payments to collect
delinquent, nontax Federal debts
through the Treasury Offset Program
(TOP). This rule applies only to the
setoff of Judgment Fund payments prior
to payment certification, pursuant to 31
U.S.C. 3728, and not to disbursing
official offsets pursuant to other
authorities. (See 31 CFR 285.5 for
requirements for disbursing official
offset of past-due delinquent, nontax
debts pursuant to the authority set forth
in 31 U.S.C. 3716.)
§ 256.22 How does FMS set off an award
under 31 U.S.C. 3728?
The setoff statute establishes a twostep process to collect debts that are
owed to the United States. If an agency
notifies FMS of a debt for which a court
has issued a judgment against a debtor
in favor of the United States, or for
which the IRS has issued a tax levy
pursuant to 26 U.S.C. 6331, then FMS
will automatically set off the debt from
the payment. If the debt owed to the
United States has not been judicially
determined, then FMS must notify the
claimant of the debt and request the
debtor’s consent to a setoff. If the debtor
consents, then FMS will set off the debt.
If the debtor does not consent, then FMS
will withhold from payment an amount
equal to the debt. FMS also may
withhold an amount sufficient to pay
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the cost of litigating the debt to
judgment. FMS then will consult with
the underlying agency and the
Department of Justice regarding the
necessity for a civil action to reduce the
debt to judgment. If litigation proceeds
and is successful, FMS will set off the
debt. If the suit is unsuccessful, FMS
will pay the withheld amount with
interest accruing from the date when
payment would have been made.
§ 256.30 When does the Judgment Fund
pay interest?
Interest is paid when it is ordered in
the judgment pursuant to a statutory,
contractual or constitutional waiver of
sovereign immunity. Such waivers may
include interest as set forth under 41
U.S.C. 611 (Contract Disputes Act), 5
U.S.C. 5596 (Back Pay Act), or Title VII,
42 U.S.C. 2000e–16 (Civil Rights Act of
1991). In addition, post-judgment
interest is paid on awards eligible for
interest under 31 U.S.C. 1304(b)
(unsuccessful appeal by the
Government).
§ 256.31 How does FMS compute interest
on payments?
FMS computes interest according to
the terms of the statute that waives
sovereign immunity for interest to be
awarded against the Federal
government. The statute that allows
interest must be cited on the appropriate
Judgment Fund form.
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§ 256.32 What documentation must be
submitted to the Judgment Fund Branch to
preserve the right to seek interest under 31
U.S.C. 1304(b) in a case where the
government has taken an appeal?
31 U.S.C. 1304(b) specifies that a
‘‘transcript of the judgment’’ must be
filed with the Secretary of the Treasury.
This means that a copy of the judgment
must be filed with the Judgment Fund
Branch for interest to accrue on a
judgment of a federal district court, the
Court of Appeals for the Federal Circuit,
or the United States Court of Federal
Claims. By practice, the successful
plaintiff files a copy of the judgment.
Whoever submits the judgment should
include a cover letter explaining that it
is being submitted to preserve interest
rights under 31 U.S.C. 1304. A copy of
the judgment and cover letter must be
sent to the Financial Management
Service, Judgment Fund Branch, at the
address indicated on the Judgment Fund
Web site at https://www.fms.treas.gov/
judgefund.
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Interest is computed from the date
that FMS receives the copy of the
judgment until the date preceding the
appellate court’s affirmative ruling. If
the United States files a Notice of
Appeal which it later withdraws,
interest is paid on the award through
the date before the withdrawal of the
Notice of Appeal.
§ 256.34 Does the Judgment Fund pay all
litigation costs?
Subpart D—Interest and Litigation
Costs
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§ 256.33 For what period of time is interest
computed under 31 U.S.C. 1304(b)?
FMS certifies for payment only those
costs that are enumerated in the cost
statute, 28 U.S.C. 1920, or as set forth
under a statute that specifically governs
payment of the award.
Subpart E—Reimbursements to the
Judgment Fund
§ 256.40 When must an agency reimburse
the Judgment Fund?
Agencies are required to reimburse
the Judgment Fund for payments made
pursuant to the Contract Disputes Act
(CDA), 41 U.S.C. 612, and payments
made pursuant to the Notification and
Federal Employees Antidiscrimination
and Retaliation Act of 2002 (No FEAR),
5 U.S.C. 2301 note. The TFM, available
on the Judgment Fund Web site at
https://www.fms.treas.gov/judgefund,
contains more information about how
FMS bills agencies and collects such
reimbursements.
§ 256.41 When is reimbursement due for
CDA and No FEAR payments?
Reimbursement for a CDA or No
FEAR payment should be made
promptly upon notification from FMS of
the amount due. If the agency is unable
to timely reimburse FMS, the agency
must contact FMS to establish a
reimbursement plan. Under Office of
Personnel Management (OPM)
regulations, No FEAR reimbursements
or payment reimbursement plans must
be made within 45 days of the request
for reimbursement. See 5 CFR part 724.
Agencies that do not meet this
requirement will be listed on FMS’s
public Web site.
Subpart F—Additional Provisions
§ 256.50 How does FMS process back pay
awards?
(a) The submitting agency may
request one of two methods to process
back pay awards. One method has three
parts. The first part is a payment of net
back pay (and interest if authorized),
which is sent to the plaintiff or to the
plaintiff’s attorney, as directed by the
submitting agency. The second part is a
payment to the agency of deductions
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from the net back pay. The third part is
a payment of attorney fees, which is
sent directly to the attorney.
(b) Under the second method, FMS
pays the entire back pay award to the
agency out of whose actions the claim
arose. The agency then issues amounts
representing back pay (and interest if
authorized) to the plaintiff and retains
amounts representing deductions. FMS
pays the attorney fees directly to the
attorney.
§ 256.51 Does FMS report Judgment Fund
payments to the IRS as income to the payee
on IRS Form 1099?
No, FMS does not report Judgment
Fund payments as potential taxable
income to the IRS. FMS does not have
sufficient information about the
payment to determine if a Form 1099
must be issued or to prepare such a form
when required. To the extent any Form
1099 needs to be issued, it is the
responsibility of the agency submitting
the payment request to do so.
§ 256.52
How does FMS issue a payment?
Pursuant to 31 CFR part 208,
Judgment Fund payments are to be
made by electronic funds transfer (EFT).
FMS will issue an electronic payment to
the payee’s account as specified on the
appropriate Judgment Fund form. If a
submitting agency determines that a
waiver (in accordance with 31 CFR part
208) to the requirement for payment by
EFT is appropriate, FMS will issue a
payment by check. The Voucher for
Payment must direct payment to the
payee designated in the judgment or
settlement agreement.
§ 256.53 How does the submitting agency
know when payment is made?
FMS will e-mail the agency contact
when payment is disbursed, if the
agency contact has provided an email
address on the appropriate Judgment
Fund form. Also, FMS maintains an online payment status system that the
submitting agency can access to
determine the status of a payment. The
payment reporting system can be
accessed from the Judgment Fund Web
site at https://www.fms.treas.gov/
judgefund.
§ 256.54 What happens if FMS denies a
request for payment?
FMS must deny any request for
payment that fails to satisfy the
requirements of 31 U.S.C. 1304. The
submitting agency may request
reconsideration of a payment denial.
The submitting agency must provide an
explanation of how the request for
payment meets the four tests contained
in section 256.1 of this part. If
applicable, requests for reconsideration
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40 CFR Part 49
No. R10–OAR–2005–TR–0001. The
delegation agreement and other docket
materials are available electronically in
EDOCKET, EPA’s electronic public
docket and comment system, found at
www.regulations.gov or in hard copy
from Steve Body at EPA Region 10,
Office of Air, Waste and Toxics (AWT–
107), 1200 Sixth Avenue, Seattle,
Washington 98101, or via e-mail at
body.steve@epa.gov. Additional
information may also be obtained from
the CTUIR by contacting Dr. John Cox,
Air Quality Project Coordinator,
Environmental Science and Technology
Program, P.O. Box 638, Pendleton,
Oregon 97801.
FOR FURTHER INFORMATION CONTACT:
Steve Body at telephone number: (206)
553–0782, e-mail address:
body.steve@epa.gov, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION: The
purpose of this action is to announce
that on August 21, 2006, EPA Region 10,
delegated partial administrative
authority for implementation of certain
provisions of the Umatilla FIP to the
CTUIR. See 40 CFR part 49, subpart M,
section 11011 through 11040, as
authorized by 40 CFR 49.122 of the
Federal Air Rules for Reservations,
(FARR), 40 CFR part 49, subpart C.
[R10–OAR–2005–TR–0001; FRL–8230–8]
I. Authority To Delegate
Announcement of the Delegation of
Partial Administrative Authority for
Implementation of Federal
Implementation Plan for the Umatilla
Indian Reservation to the Confederated
Tribes of the Umatilla Indian
Reservation
Environmental Protection
Agency (EPA).
ACTION: Delegation of authority;
technical amendment.
Federal regulation 40 CFR 49.122
provides EPA authority to delegate to
Indian Tribes, partial administrative
authority to administer provisions of the
Federal Air Rules for Reservations
(FARR), 40 CFR part 49, subpart C.
Tribes must submit a request to the
Regional Administrator that meets the
requirements of 40 CFR 49.122.
II. Partial Delegation of Administrative
Authority
must contain a reference to the agency’s
program authority and include specific
funding provisions that pertain to the
program activity that resulted in the
claim. If, upon reconsideration, FMS
determines that payment from the
Judgment Fund is appropriate, and the
agency has already made payment to the
plaintiff or claimant, FMS will
reimburse the agency from the Judgment
Fund.
Subpart G—Private Relief Bills
§ 256.60 How do I get paid for a Private
Relief Bill?
You may apply for payment by
sending a request letter along with
supporting documentation, to include a
copy of the private relief act and proof
of your identity, to the address specified
on the FMS Web site at https://
www.fms.treas.gov/privaterelief.
Dated: October 11, 2006.
Kenneth R. Papaj,
Commissioner.
[FR Doc. E6–17229 Filed 10–16–06; 8:45 am]
BILLING CODE 4810–35–P
ENVIRONMENTAL PROTECTION
AGENCY
AGENCY:
This action announces that on
August 21, 2006, EPA Region 10 and the
Confederated Tribes of the Umatilla
Indian Reservation (CTUIR) entered into
a Partial Delegation of Administrative
Authority to carry out certain day-to-day
activities associated with administration
of the Federal Implementation Plan for
the Umatilla Indian Reservation
(Umatilla FIP). A note of this partial
delegation is being added to the
Umatilla FIP.
DATES: The partial delegation of
administrative authority was effective
on August 21, 2006. The date of
delegation can be found in the
SUPPLEMENTARY INFORMATION section of
this document.
ADDRESSES: EPA has established a
docket for this action under Docket ID
sroberts on PROD1PC70 with RULES
SUMMARY:
VerDate Aug<31>2005
02:22 Oct 17, 2006
Jkt 211001
On August 21, 2006, EPA entered into
an ‘‘Agreement for Partial Delegation of
the Federal Implementation Plan for the
Umatilla Indian Reservation by the
United States Environmental Protection
Agency, Region 10, to the Confederated
Tribes of the Umatilla Indian.’’ The
Delegation Agreement provides
authority for the CTUIR to administer
the following rules that are part of the
Federal Implementation Plan for the
Nez Perce Tribe of Idaho, 40 CFR
49.11011 through 49.11040: 49.11020(a)
Section 49.123 General provisions;
49.11020(g) Section 49.131 General rule
for open burning; 49.11020(h) Section
49.132 Rule for general open burning
permits; 49.11020(i) Section 49.133 Rule
for agricultural burning permits;
49.11020(j) Section 49.134 Rule for
forestry and silvicultural burning
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
permits; and 49.11020(l) Section 49.137
Rule for air pollution episodes.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making today’s rule final without
prior proposal and opportunity for
comment because EPA is merely
informing the public of partial
delegation of administrative authority to
the CTUIR and making a technical
amendment to the Code of Federal
Regulations (CFR) by adding a note
announcing the partial delegation. Thus,
notice and public procedure are
unnecessary. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(B).
Moreover, since today’s action does
not create any new regulatory
requirements, EPA finds that good cause
exists to provide for an immediate
effective date pursuant to 5 U.S.C.
553(d)(3).
III. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely makes a
technical amendment and gives notice
of a partial delegation of administrative
authority. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This rule does
not contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
E:\FR\FM\17OCR1.SGM
17OCR1
]]>Agencies
[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Rules and Regulations]
[Pages 60848-60852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17229]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 256
RIN 1510-AA52
Obtaining Payments From the Judgment Fund and Under Private
Relief Bills
AGENCY: Financial Management Service, Fiscal Service, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Financial Management Service (FMS) is revising 31 CFR part
256, governing how Federal government agencies (agencies) obtain
payments from the Judgment Fund, 31 U.S.C. 1304, and how individuals
obtain payments under private relief acts. The revision reflects
current rules and procedures; it does not include any substantive
changes.
[[Page 60849]]
DATES: This rule is effective on October 17, 2006.
FOR FURTHER INFORMATION CONTACT: Kevin McIntrye, Manager, Judgment Fund
Branch, at (202) 874-6664 or Kevin.McIntrye@fms.treas.gov; or William
J. Erle, Senior Counsel, at (202) 874-6680 or
William.Erle@fms.treas.gov.
SUPPLEMENTARY INFORMATION:
Background
FMS is the Treasury Department bureau that administers and
certifies payments from the Judgment Fund, 31 U.S.C. 1304. Pursuant to
Public Law 104-53 (November 19, 1995), the Judgment Fund function was
transferred from the General Accounting Office (GAO), now known as the
Government Accountability Office, to the Office of Management and
Budget (OMB). OMB delegated this responsibility to the Treasury
Department.
We are revising 31 CFR part 256, in part, to clarify that Judgment
Fund payment requests are no longer submitted to GAO, to remove the
reference to obsolete processing requirements for awards that are above
$100,000 (this statutory ceiling was removed in 1977 by Public Law 95-
26), to provide guidance on the kinds of awards that are properly
payable from the Judgment Fund, and to provide information on the
current procedures for obtaining such payments. This rule seeks to
provide guidance to agencies government-wide that submit requests for
payments from the Judgment Fund for paying litigative and
administrative awards. Additionally, it provides direction to private
attorneys regarding filing requirements necessary to preserve the right
to interest.
Regulatory Analyses
Administrative Procedure Act. This rule reflects provisions that
are already in effect as a matter of law and provides information on
the current procedures for obtaining payments from the Judgment Fund.
Under 5 U.S.C. 553(b)(B), this rule is exempt from notice and comment
rulemaking requirements on the grounds that the amendments are non-
substantive and further delay in making these amendments is unnecessary
and contrary to the public interest. Likewise, for the same reasons a
delayed effective date is not required.
Clarity of Regulations. Executive Order 12866 requires each agency
to write regulations that are easy to understand. We invite comment on
how to make this rule clearer. For example, you may wish to discuss:
(1) Whether we have organized the material to suit your needs; (2)
whether the requirements of the rule are clear; or (3) whether there is
something else we could do to make this rule easier to understand.
Executive Order 12866. FMS has determined that this rulemaking is
not a significant regulatory action as defined in Executive Order
12866. Therefore, a regulatory assessment is not required.
Regulatory Flexibility Act. Because no notice of proposed
rulemaking is required, the provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) do not apply.
List of Subjects in 31 CFR Part 256
Awards, Claims, Costs, Interest, Judgment Fund, Judgments, Tort
claims.
0
For the reasons stated in the preamble, part 256 of title 31 of the
Code of Federal Regulations is revised as follows:
PART 256--OBTAINING PAYMENTS FROM THE JUDGMENT FUND AND UNDER
PRIVATE RELIEF BILLS
Subpart A--General Information
Sec.
256.0 What does this part cover?
256.1 What is Treasury's role in paying awards and settlements from
the Judgment Fund?
256.2 Where can I find more information about, and forms for,
Judgment Fund payments?
Subpart B--Requesting Payments
256.10 Who may request payment from the Judgment Fund?
256.11 How do agencies request payments?
256.12 What supporting documentation must agencies submit to FMS
when requesting a payment from the Judgment Fund?
256.13 Are agencies required to supply a taxpayer identification
number (TIN) when submitting a request for payment?
256.14 What happens if I submit an incomplete request for payment?
Subpart C--Debt Collection
256.20 How does an agency indicate that a debt is to be offset from
a Judgment Fund payment?
256.21 Are Judgment Fund payments offset to collect administrative
debts?
256.22 How does FMS set off an award under 31 U.S.C. 3728?
Subpart D--Interest and Litigation Costs
256.30 When does the Judgment Fund pay interest?
256.31 How does FMS compute interest on payments?
256.32 What documentation must be submitted to the Judgment Fund
Branch to preserve the right to seek interest under 31 U.S.C.
1304(b) in a case where the government has taken an appeal?
256.33 For what period of time is interest computed under 31 U.S.C.
1304(b)?
256.34 Does the Judgment Fund pay all litigation costs?
Subpart E--Reimbursements to the Judgment Fund
256.40 When must an agency reimburse the Judgment Fund?
256.41 When is reimbursement due for CDA and No FEAR payments?
Subpart F--Additional Provisions
256.50 How does FMS process back pay awards?
256.51 Does FMS report Judgment Fund payments to the IRS as income
to the payee on IRS Form 1099?
256.52 How does FMS issue a payment?
256.53 How does the submitting agency know when payment is made?
256.54 What happens if FMS denies a request for payment?
Subpart G--Private Relief Bills
256.60 How do I get paid for a Private Relief Bill?
Authority: 31 U.S.C. 1304, 3728; 41 U.S.C. 612; 5 U.S.C. 2301
note.
Subpart A--General Information
Sec. 256.0 What does this part cover?
This part applies to payments made by the U.S. Department of the
Treasury (Treasury) pursuant to the Judgment Fund statute, 31 U.S.C.
1304.
Sec. 256.1 What is Treasury's role in paying awards and settlements
from the Judgment Fund?
(a) The Judgment Fund is a permanent, indefinite appropriation
which is available to pay many judicially and administratively ordered
monetary awards against the United States. In addition, amounts owed
under compromise agreements negotiated by the U.S. Department of
Justice in settlement of claims arising under actual or imminent
litigation are normally paid from the Judgment Fund, if a judgment on
the merits would be payable from the Judgment Fund. Treasury's
Financial Management Service (FMS) certifies payments from the Judgment
Fund when the following four tests have been met: (1) Awards or
settlements are final; (2) Awards or settlements are monetary; (3) One
of the authorities specified in 31 U.S.C. 1304(a)(3) provides for
payment of the award or settlement; and (4) Payment may not legally be
made from any other source of funds.
(b) Additionally, FMS requires that requests for payment identify
the statute that forms the basis of the underlying claim. The award or
settlement must comply with the statutory and regulatory requirements
that authorize the award or settlement. For example, interest is
payable on Judgment Fund awards only if there is an express statutory
provision, contractual
[[Page 60850]]
agreement or constitutional waiver of sovereign immunity authorizing
the assessment of interest against the United States. Also, a tort
under the Federal Tort Claims Act (FTCA) is payable from the Judgment
Fund only when the award amount exceeds $2,500 (for administrative
awards) and is in compliance with the regulatory requirements at 28 CFR
part 14.
Sec. 256.2 Where can I find more information about, and forms for,
Judgment Fund payments?
Detailed information related to Judgment Fund payments, including
copies of all forms, can be found in the Treasury Financial Manual
(TFM), Volume I, Part 6, Chapter 3100. The TFM is available on the
Judgment Fund Web site at https://www.fms.treas.gov/judgefund. Contact
information for the Judgment Fund Branch is also available on the Web
site.
Subpart B--Requesting Payments
Sec. 256.10 Who may request payment from the Judgment Fund?
(a) Court judgments and settlements of litigation. The Department
of Justice must normally submit the request for payment from the
Judgment Fund. Agencies that have independent litigating authority may
submit a request for payment themselves if the Department of Justice is
not responsible for the case.
(b) Administrative awards. The program agency that is authorized to
approve the award must submit the request for payment.
Sec. 256.11 How do agencies request payments?
Agencies must submit requests for payments from the Judgment Fund
on FMS's Judgment Fund payment request forms or by using other approved
methods as provided for on the Judgment Fund Web site at https://
www.fms.treas.gov/judgefund. FMS provides forms and detailed
information about Judgment Fund payments in the TFM, Volume I, Part 6,
Chapter 3100. The TFM is also available on the Judgment Fund Web site.
The submitting agency must complete and sign all required Judgment Fund
forms and must attach all required supporting documents.
Sec. 256.12 What supporting documentation must agencies submit to FMS
when requesting a payment from the Judgment Fund?
(a) All payments. The submitting agency must submit a copy of the
judgment or settlement agreement, as applicable, in addition to the
request for payment from the Judgment Fund. The request for payment
must be on the appropriate Judgment Fund payment request forms.
(b) Awards to minors. For awards to claimants that are minors, the
submitting agency must include in its submission to FMS documentation
establishing that the payee, if different from the claimant, is legally
authorized to act on behalf of the claimant. Documentation of court
approvals (Federal, State, or foreign) that are legally required for
payment must be submitted along with the request for payment from the
Judgment Fund. State law typically specifies when money awards to
minors require the appointment of a guardian. Agencies must list the
appropriate controlling state law citation on the payment request
forms.
(c) Awards of costs. For awards of costs, the submitting agency
must include a copy of the ``bill of costs'' or the Court's order
awarding costs. Only those items expressly enumerated under the cost
statute, 28 U.S.C. 1920, or other governing statute specific to the
award, are payable from the Judgment Fund.
(d) Payments to multiple claimants/payees in a single award. For
awards where multiple payees are to receive separate payments, the
submitting agency must complete separate Judgment Fund Vouchers for
Payment for each payee. When there are multiple claimants in an
administrative tort matter, each claimant's award must independently
exceed the mandatory $2,500 threshold in order for payment to be made
from the Judgment Fund. A claimant's threshold can be satisfied by
combining amounts awarded for personal and property damage under the
FTCA.
(e) Awards of back pay. For awards of back pay where the judgment
does not specifically state the principal amounts to be paid and
withholdings to be made, the submitting agency must include a
spreadsheet indicating precisely which amounts are allocable to net
pay, deductions, and interest.
Sec. 256.13 Are agencies required to supply a taxpayer identification
number (TIN) when submitting a request for payment?
Yes, agencies must include a valid TIN on all requests for
payments, unless the situation meets one of the exceptions listed in
the FMS TIN Policy, which may be found on the FMS Web site at: https://
www.fms.treas.gov/tinpolicy/regulations.html. For an individual, the
TIN is the Social Security Number. For a business, the TIN is the
Employer Identification Number issued by IRS. The TIN provided must be
for the party entitled to the payment, whether or not that party is the
payee. Failure to include a required TIN results in an incomplete
request for payment.
Sec. 256.14 What happens if I submit an incomplete request for
payment?
FMS may return, without action, any request for payment that is
incomplete. If a request for payment is returned for lack of necessary
information, the submitting agency may resubmit the request for payment
once all the required information is available.
Subpart C--Debt Collection
Sec. 256.20 How does an agency indicate that a debt is to be offset
from a Judgment Fund payment?
The submitting agency must identify on the appropriate Judgment
Fund form any known debt owed to the United States that FMS is expected
to collect by setoff against the award. Such a debt will be offset
pursuant to the provisions of 31 U.S.C. 3728.
Sec. 256.21 Are Judgment Fund payments offset to collect
administrative debts?
Yes, separate and apart from its role as administrator of the
Judgment Fund, FMS, in its capacity as disbursing official for the
executive branch, offsets Judgment Fund payments to collect delinquent,
nontax Federal debts through the Treasury Offset Program (TOP). This
rule applies only to the setoff of Judgment Fund payments prior to
payment certification, pursuant to 31 U.S.C. 3728, and not to
disbursing official offsets pursuant to other authorities. (See 31 CFR
285.5 for requirements for disbursing official offset of past-due
delinquent, nontax debts pursuant to the authority set forth in 31
U.S.C. 3716.)
Sec. 256.22 How does FMS set off an award under 31 U.S.C. 3728?
The setoff statute establishes a two-step process to collect debts
that are owed to the United States. If an agency notifies FMS of a debt
for which a court has issued a judgment against a debtor in favor of
the United States, or for which the IRS has issued a tax levy pursuant
to 26 U.S.C. 6331, then FMS will automatically set off the debt from
the payment. If the debt owed to the United States has not been
judicially determined, then FMS must notify the claimant of the debt
and request the debtor's consent to a setoff. If the debtor consents,
then FMS will set off the debt. If the debtor does not consent, then
FMS will withhold from payment an amount equal to the debt. FMS also
may withhold an amount sufficient to pay
[[Page 60851]]
the cost of litigating the debt to judgment. FMS then will consult with
the underlying agency and the Department of Justice regarding the
necessity for a civil action to reduce the debt to judgment. If
litigation proceeds and is successful, FMS will set off the debt. If
the suit is unsuccessful, FMS will pay the withheld amount with
interest accruing from the date when payment would have been made.
Subpart D--Interest and Litigation Costs
Sec. 256.30 When does the Judgment Fund pay interest?
Interest is paid when it is ordered in the judgment pursuant to a
statutory, contractual or constitutional waiver of sovereign immunity.
Such waivers may include interest as set forth under 41 U.S.C. 611
(Contract Disputes Act), 5 U.S.C. 5596 (Back Pay Act), or Title VII, 42
U.S.C. 2000e-16 (Civil Rights Act of 1991). In addition, post-judgment
interest is paid on awards eligible for interest under 31 U.S.C.
1304(b) (unsuccessful appeal by the Government).
Sec. 256.31 How does FMS compute interest on payments?
FMS computes interest according to the terms of the statute that
waives sovereign immunity for interest to be awarded against the
Federal government. The statute that allows interest must be cited on
the appropriate Judgment Fund form.
Sec. 256.32 What documentation must be submitted to the Judgment Fund
Branch to preserve the right to seek interest under 31 U.S.C. 1304(b)
in a case where the government has taken an appeal?
31 U.S.C. 1304(b) specifies that a ``transcript of the judgment''
must be filed with the Secretary of the Treasury. This means that a
copy of the judgment must be filed with the Judgment Fund Branch for
interest to accrue on a judgment of a federal district court, the Court
of Appeals for the Federal Circuit, or the United States Court of
Federal Claims. By practice, the successful plaintiff files a copy of
the judgment. Whoever submits the judgment should include a cover
letter explaining that it is being submitted to preserve interest
rights under 31 U.S.C. 1304. A copy of the judgment and cover letter
must be sent to the Financial Management Service, Judgment Fund Branch,
at the address indicated on the Judgment Fund Web site at https://
www.fms.treas.gov/judgefund.
Sec. 256.33 For what period of time is interest computed under 31
U.S.C. 1304(b)?
Interest is computed from the date that FMS receives the copy of
the judgment until the date preceding the appellate court's affirmative
ruling. If the United States files a Notice of Appeal which it later
withdraws, interest is paid on the award through the date before the
withdrawal of the Notice of Appeal.
Sec. 256.34 Does the Judgment Fund pay all litigation costs?
FMS certifies for payment only those costs that are enumerated in
the cost statute, 28 U.S.C. 1920, or as set forth under a statute that
specifically governs payment of the award.
Subpart E--Reimbursements to the Judgment Fund
Sec. 256.40 When must an agency reimburse the Judgment Fund?
Agencies are required to reimburse the Judgment Fund for payments
made pursuant to the Contract Disputes Act (CDA), 41 U.S.C. 612, and
payments made pursuant to the Notification and Federal Employees
Antidiscrimination and Retaliation Act of 2002 (No FEAR), 5 U.S.C. 2301
note. The TFM, available on the Judgment Fund Web site at https://
www.fms.treas.gov/judgefund, contains more information about how FMS
bills agencies and collects such reimbursements.
Sec. 256.41 When is reimbursement due for CDA and No FEAR payments?
Reimbursement for a CDA or No FEAR payment should be made promptly
upon notification from FMS of the amount due. If the agency is unable
to timely reimburse FMS, the agency must contact FMS to establish a
reimbursement plan. Under Office of Personnel Management (OPM)
regulations, No FEAR reimbursements or payment reimbursement plans must
be made within 45 days of the request for reimbursement. See 5 CFR part
724. Agencies that do not meet this requirement will be listed on FMS's
public Web site.
Subpart F--Additional Provisions
Sec. 256.50 How does FMS process back pay awards?
(a) The submitting agency may request one of two methods to process
back pay awards. One method has three parts. The first part is a
payment of net back pay (and interest if authorized), which is sent to
the plaintiff or to the plaintiff's attorney, as directed by the
submitting agency. The second part is a payment to the agency of
deductions from the net back pay. The third part is a payment of
attorney fees, which is sent directly to the attorney.
(b) Under the second method, FMS pays the entire back pay award to
the agency out of whose actions the claim arose. The agency then issues
amounts representing back pay (and interest if authorized) to the
plaintiff and retains amounts representing deductions. FMS pays the
attorney fees directly to the attorney.
Sec. 256.51 Does FMS report Judgment Fund payments to the IRS as
income to the payee on IRS Form 1099?
No, FMS does not report Judgment Fund payments as potential taxable
income to the IRS. FMS does not have sufficient information about the
payment to determine if a Form 1099 must be issued or to prepare such a
form when required. To the extent any Form 1099 needs to be issued, it
is the responsibility of the agency submitting the payment request to
do so.
Sec. 256.52 How does FMS issue a payment?
Pursuant to 31 CFR part 208, Judgment Fund payments are to be made
by electronic funds transfer (EFT). FMS will issue an electronic
payment to the payee's account as specified on the appropriate Judgment
Fund form. If a submitting agency determines that a waiver (in
accordance with 31 CFR part 208) to the requirement for payment by EFT
is appropriate, FMS will issue a payment by check. The Voucher for
Payment must direct payment to the payee designated in the judgment or
settlement agreement.
Sec. 256.53 How does the submitting agency know when payment is made?
FMS will e-mail the agency contact when payment is disbursed, if
the agency contact has provided an email address on the appropriate
Judgment Fund form. Also, FMS maintains an on-line payment status
system that the submitting agency can access to determine the status of
a payment. The payment reporting system can be accessed from the
Judgment Fund Web site at https://www.fms.treas.gov/judgefund.
Sec. 256.54 What happens if FMS denies a request for payment?
FMS must deny any request for payment that fails to satisfy the
requirements of 31 U.S.C. 1304. The submitting agency may request
reconsideration of a payment denial. The submitting agency must provide
an explanation of how the request for payment meets the four tests
contained in section 256.1 of this part. If applicable, requests for
reconsideration
[[Page 60852]]
must contain a reference to the agency's program authority and include
specific funding provisions that pertain to the program activity that
resulted in the claim. If, upon reconsideration, FMS determines that
payment from the Judgment Fund is appropriate, and the agency has
already made payment to the plaintiff or claimant, FMS will reimburse
the agency from the Judgment Fund.
Subpart G--Private Relief Bills
Sec. 256.60 How do I get paid for a Private Relief Bill?
You may apply for payment by sending a request letter along with
supporting documentation, to include a copy of the private relief act
and proof of your identity, to the address specified on the FMS Web
site at https://www.fms.treas.gov/privaterelief.
Dated: October 11, 2006.
Kenneth R. Papaj,
Commissioner.
[FR Doc. E6-17229 Filed 10-16-06; 8:45 am]
BILLING CODE 4810-35-P
