§ 2414. — Payment of judgments and compromise settlements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2414]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 161--UNITED STATES AS PARTY GENERALLY
Sec. 2414. Payment of judgments and compromise settlements
Except as provided by the Contract Disputes Act of 1978, 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.
(June 25, 1948, ch. 646, 62 Stat. 974; Pub. L. 87-187, Sec. 1, Aug. 30,
1961, 75 Stat. 415; Pub. L. 95-563, Sec. 14(d), Nov. 1, 1978, 92 Stat.
2390; Pub. L. 96-417, title V, Sec. 512, Oct. 10, 1980, 94 Stat. 1744;
Pub. L. 104-316, title II, Sec. 202(k), Oct. 19, 1996, 110 Stat. 3843.)
Historical and Revision Notes
Based on section 228 of title 31, U.S.C., 1940 ed., Money and
Finance (Feb. 18, 1904, ch. 160, Sec. 1, 33 Stat. 41; June 10, 1921, ch.
18, Sec. 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.
References in Text
The Contract Disputes Act of 1978, referred to in first paragraph,
is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is
classified principally to chapter 9 (Sec. 601 et seq.) of Title 41,
Public Contracts. For complete classification of this Act to the Code,
see Short Title note set out under section 601 of Title 41 and Tables.
Amendments
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.
Effective Date of 1980 Amendment
Amendment 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 Amendment
Amendment 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, set out as an Effective Date note under section 601 of Title 41,
Public Contracts.
Section Referred to in Other Sections
This section is referred to in section 2412 of this title; title 7
section 136m; title 16 sections 79g, 460bb-2; title 25 section 1778c;
title 31 section 1304.
