Code · U.S. Code · Title 31 - MONEY AND FINANCE · CHAPTER 13— APPROPRIATIONS · SUBCHAPTER I— GENERAL · § 1304

§ 1304. Judgments, awards, and compromise settlements

1,162 words·~5 min read·/usc/title-31/section-1304

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(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.

(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.

(1)A judgment or compromise settlement against the Government shall be paid under this section and sections 2414, 2517, and 2518 1 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.

(Pub. L. 97–258, §§ 1, 2(m)(2), Sept. 13, 1982, 96 Stat. 917, 1062; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–316, title II, § 202(m), Oct. 19, 1996, 110 Stat. 3843; Pub. L. 111–314, § 4(b), Dec. 18, 2010, 124 Stat. 3440; Pub. L. 116–9, title IV, § 4201(b), Mar. 12, 2019, 133 Stat. 764; Pub. L. 116–92, div. A, title VII, § 731(c)(2), Dec. 20, 2019, 133 Stat. 1460.)

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.

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