§1304 — Title 31 Money and Finance | U.S. Code

Summary

The government must pay final court judgments, awards, and settlement amounts, including interest and costs, when three things are true: no other money is provided to pay them, the Secretary of the Treasury certifies payment, and the claim is payable under certain federal statutes, a board of contract appeals decision, or because the amount is larger than an agency can pay for certain military or NASA claims. Interest from this payment can only be paid for judgments that become final after appeals. Interest runs only from the date the judgment transcript is filed with the Treasury through the day before the court’s mandate of affirmance. If the Supreme Court reviews the case, interest stops after the end of the term in which the judgment is affirmed. If a judgment comes from a contract made by one of the military or NASA exchanges (Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or NASA Exchange Councils), the exchange that made the contract must repay the Government. Unless law or a court order forbids it, the Secretary of the Treasury must post on a public website, within 30 days after a payment is made (and starting no later than 60 days after the John D. Dingell, Jr. Act took effect), the agency involved, the plaintiff’s name and lawyer, the amount paid (principal and any fees, costs, and interest), a short description of the facts, and the agency that submitted the claim.

Title 31, §1304

Money and Finance — Source: USLM XML via OLRC

(a)Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when—

(1)payment is not otherwise provided for;

(2)payment is certified by the Secretary of the Treasury; and

(3)the judgment, award, or settlement is payable—

(A)under section 2414, 2517, 2672, or 2677 of title 28;

(B)under section 3723 of this title;

(C)under a decision of a board of contract appeals; or

(D)in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733, 2733a, or 2734 of title 10, section 715 of title 32, or section 20113 of title 51.

(b)(1)Interest may be paid from the appropriation made by this section—

(A)on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government, and then only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance; or

(B)on a judgment of the Court of Appeals for the Federal Circuit or the United States Court of Federal Claims under section 2516(b) of title 28, only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance.

(2)Interest payable under this subsection in a proceeding reviewed by the Supreme Court is not allowed after the end of the term in which the judgment is affirmed.

(c)(1)A judgment or compromise settlement against the Government shall be paid under this section and section 2414, 2517, and 2518 11 See References in Text note below. of title 28 when the judgment or settlement arises out of an express or implied contract made by—

(A)the Army and Air Force Exchange Service;

(B)the Navy Exchanges;

(C)the Marine Corps Exchanges;

(D)the Coast Guard Exchanges; or

(E)the Exchange Councils of the National Aeronautics and Space Administration.

(2)The Exchange making the contract shall reimburse the Government for the amount paid by the Government.

(d)Beginning not later than the date that is 60 days after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and unless the disclosure of such information is otherwise prohibited by law or a court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered, the following information with regard to that payment:

(1)The name of the specific agency or entity whose actions gave rise to the claim or judgment.

(2)The name of the plaintiff or claimant.

(3)The name of counsel for the plaintiff or claimant.

(4)The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest.

(5)A brief description of the facts that gave rise to the claim.

(6)The name of the agency that submitted the claim.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1304(a)31:724a(1st sentence words before 1st proviso).July 27, 1956, ch. 748, § 1302(1st sentence), 70 Stat. 694; Aug. 30, 1961, Pub. L. 87–187, § 3, 75 Stat. 416; July 18, 1966, Pub. L. 89–506, § 6, 80 Stat. 307; July 23, 1970, Pub. L. 91–350, § 1(c), 84 Stat. 449; restated May 4, 1977, Pub. L. 95–26, § 101(2d par. under heading “Claims and Judgments”), 91 Stat. 96; Mar. 7, 1978, Pub. L. 95–240, § 201, 92 Stat. 116; Nov. 1, 1978, Pub. L. 95–563, § 14(c), 92 Stat. 2390; Apr. 2, 1982, Pub. L. 97–164, title I, § 155, title III, § 302(c), 96 Stat. 47, 56. 1304(b)28:2516(b)(less 1st sentence words after last comma). 31:724a(1st sentence 1st, 2d provisos). 1304(c)31:724a(1st sentence last proviso) In subsection (a), before clause (1), the words “out of any money in the Treasury not otherwise appropriated” are omitted as surplus. The words “awards rendered by the Indian Claims Commission” are omitted as executed because under 25:70v the Commission was dissolved and all of its outstanding cases were transferred to the Court of Claims. Under 25:70v–3, judgments on cases transferred to the Court of Claims are judgments under 28:2517 and 2518 and are therefore included under clause (3)(A) of the subsection. In subsection (b), the text of 28:2516(b)(less 1st sentence words after last comma) is omitted as superseded by 31:724a. In subsection (b)(1)(A), the words “through the day before the date” are substituted for “to the date” as being more precise.

Editorial Notes

References in Text

Section 2518 of title 28, referred to in subsec. (c)(1), was repealed by Pub. L. 97–164, title I, § 139(l), Apr. 2, 1982, 96 Stat. 43. The date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, referred to in subsec. (d), is the date of enactment of Pub. L. 116–9, which was approved Mar. 12, 2019.

Amendments

2019—Subsec. (a)(3)(D). Pub. L. 116–92, which directed substitution of “2733, 2733a,” for “2733,”, was executed by making the substitution for “2733” to reflect the probable intent of Congress. Subsec. (d). Pub. L. 116–9 added subsec. (d). 2010—Subsec. (a)(3)(D). Pub. L. 111–314 substituted “section 20113 of title 51” for “section 203 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473)”. 1996—Subsecs. (a)(2), (b)(1)(A), (B). Pub. L. 104–316 substituted “Secretary of the Treasury” for “Comptroller General”. 1992—Subsec. (b)(1)(B). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (b)(1)(A). Pub. L. 97–258, § 2(m)(2)(A), struck out “under section 2411(b) of title 28” after “district court”. Subsec. (b)(1)(B). Pub. L. 97–258, § 2(m)(2)(B), substituted “Court of Appeals for the Federal Circuit or the United States Claims Court” for “Court of Claims”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2019 AmendmentAmendment by Pub. L. 116–92 applicable to any claim filed under section 2733a of Title 10, Armed Forces, on or after Jan. 1, 2020, and any claim filed in calendar year 2020 deemed to be filed within the time period specified in section 2733a(b)(4) of Title 10 if filed within three years after it accrues, see section 731(d) of Pub. L. 116–92, set out as an

Effective Date

note under section 2733a of Title 10.

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date

of 1982 Amendment Pub. L. 97–258, § 2(m), Sept. 13, 1982, 96 Stat. 1062, provided that the amendment made by that section is effective Oct. 1, 1982.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§1304 Judgments, awards, and compromise settlements

Summary

Title 31, §1304

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Transfer of Functions

Citations & Metadata