§1304 Judgments, Awards, and Compromise Settlements

Summary

Federal money must pay final judgments, awards, compromise settlements, and any interest and costs when three things happen: no other money is available to pay, the Secretary of the Treasury certifies the payment, and the judgment or settlement is payable under certain laws or decisions — for example under 28 U.S.C. §§2414, 2517, 2672, or 2677; under 31 U.S.C. §3723; under a board of contract appeals decision; or when the amount is larger than what an agency can pay for meritorious claims under 10 U.S.C. §§2733, 2733a, 2734, 32 U.S.C. §715, or 51 U.S.C. §20113. Interest is paid only for limited periods: for district court judgments only from the date the judgment transcript is filed with the Secretary of the Treasury until the day before the mandate of affirmance after appeals, and similarly for judgments of the Court of Appeals for the Federal Circuit or the Court of Federal Claims under 28 U.S.C. §2516(b). If the case goes to the Supreme Court, interest stops at the end of the Court’s term in which the judgment is affirmed. If a judgment or settlement comes from a contract made by an Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or NASA Exchange Councils, the government pays under this rule and related 28 U.S.C. sections, and the Exchange that made the contract must repay the government. Starting no later than 60 days after the John D. Dingell, Jr. Conservation, Management, and Recreation Act was enacted, and unless law or a court order blocks it, the Secretary of the Treasury must post on a website—within 30 days after a payment—the agency or entity responsible, the claimant’s name and counsel, amounts paid (principal and ancillary like fees, costs, interest), a short description of the facts, and the agency that submitted the claim.