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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§2414 Payment of Judgments and Compromise Settlements

Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 161— UNITED STATES AS PARTY GENERALLY › § 2414

Last updated Apr 5, 2026|Official source

Summary

The Secretary of the Treasury must pay final judgments entered against the United States by a district court or the Court of International Trade, except as chapter 71 of title 41 says otherwise. Final judgments from a State or foreign court or tribunal against the United States, or against its agencies or officials on U.S. obligations, are paid by the Secretary after the Attorney General certifies that payment is in the United States’ interest. If the Attorney General decides not to appeal or not to seek further review of a judgment, they must certify that and the judgment is treated as final. Settlements the Attorney General or someone he authorizes makes to resolve claims or pending suits are paid in the same way as similar judgments, and funds available for judgments may be used to pay those settlements unless another law says otherwise.

Full Legal Text

Title 28, §2414

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

Except as provided by chapter 71 of title 41, payment of final judgments rendered by a district court or the Court of International Trade against the United States shall be made on settlements by the Secretary of the Treasury. Payment of final judgments rendered by a State or foreign court or tribunal against the United States, or against its agencies or officials upon obligations or liabilities of the United States, shall be made on settlements by the Secretary of the Treasury after certification by the Attorney General that it is in the interest of the United States to pay the same. 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. Except as otherwise provided by law, compromise settlements of claims referred to the Attorney General for defense of imminent litigation or suits against the United States, or against its agencies or officials upon obligations or liabilities of the United States, made by the Attorney General or any person authorized by him, shall be settled and paid in a manner similar to judgments in like causes and appropriations or funds available for the payment of such judgments are hereby made available for the payment of such compromise settlements.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on section 228 of title 31, U.S.C., 1940 ed., Money and Finance (Feb. 18, 1904, ch. 160, § 1, 33 Stat. 41; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Similar provisions of section 228 of title 31, U.S.C., 1940 ed., relating to judgments of the court of claims are incorporated in section 2517 of this title. The second paragraph was added to make clear that the payment of judgments not appealed may be expedited by certificate to that effect. Changes were made in phraseology.

Editorial Notes

Amendments

2011—Pub. L. 111–350 substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978” in first par. 1996—Pub. L. 104–316 in first par. substituted “Secretary of the Treasury” for “General Accounting Office” in two places. 1980—Pub. L. 96–417 provided for payment of final judgments rendered by the Court of International Trade against the United States on settlements by the General Accounting Office. 1978—Pub. L. 95–563 inserted Contract Disputes Act of 1978 exception. 1961—Pub. L. 87–187 provided for payment of final judgments rendered by a State or foreign court against the United States, its agencies or officials and compromise settlements and substituted “and compromise settlements” for “against the United States” in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–563 effective with respect to contracts entered into 120 days after Nov. 1, 1978, and, at the election of the contractor, with respect to any claim pending at such time before the contracting officer or initiated thereafter, see section 16 of Pub. L. 95–563, Nov. 1, 1978, 92 Stat. 2391, formerly set out as an

Effective Date

note under section 601 of former Title 41, Public Contracts.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2414

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60