28 U.S.C. § 1961

(a)

1 So in original. The period probably should not appear.

Interest shall be allowed on any money judgment in a civil case recovered in a district court. Execution therefor may be levied by the marshal, in any case where, by the law of the State in which such court is held, execution may be levied for interest on judgments recovered in the courts of the State. Such interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding. the date of the judgment. The Director of the Administrative Office of the United States Courts shall distribute notice of that rate and any changes in it to all Federal judges.

(b)

section 2516(b) of this title section 1304(b) of title 31 Interest shall be computed daily to the date of payment except as provided in and , and shall be compounded annually.

(c)

(1)

This section shall not apply in any judgment of any court with respect to any internal revenue tax case. Interest shall be allowed in such cases at the underpayment rate or overpayment rate (whichever is appropriate) established under section 6621 of the Internal Revenue Code of 1986.

(2)

2 So in original. Probably should be capitalized.

Except as otherwise provided in paragraph (1) of this subsection, interest shall be allowed on all final judgments against the United States in the United States Court of Appeals for the Federal circuit, at the rate provided in subsection (a) and as provided in subsection (b).

(3)

Interest shall be allowed, computed, and paid on judgments of the United States Court of Federal Claims only as provided in paragraph (1) of this subsection or in any other provision of law.

(4)

This section shall not be construed to affect the interest on any judgment of any court not specified in this section.

June 25, 1948, ch. 646 62 Stat. 957 Pub. L. 97–164, title III, § 302(a)Apr. 2, 198296 Stat. 55 Pub. L. 97–258, § 2(m)(1)Sept. 13, 198296 Stat. 1062 Pub. L. 97–452, § 2(d)(1)Jan. 12, 198396 Stat. 2478 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095 Pub. L. 102–572, title IX, § 902(b)(1)Oct. 29, 1992106 Stat. 4516 Pub. L. 106–554, § 1(a)(7) [title III, § 307(d)(1)]Dec. 21, 2000114 Stat. 2763 (, ; , , ; , , ; , , ; , title XV, § 1511(c)(17), , , 2745; , , ; , , , 2763A–636.)

Historical and Revision Notes

Mar. 3, 1911, ch. 231, § 291 36 Stat. 1167 Based on title 28, U.S.C., 1940 ed., § 811 (R.S. § 966; , ).

Changes were made in phraseology.

Editorial Notes

References in Text

section 6621 of Title 26Section 6621 of the Internal Revenue Code of 1986, referred to in subsec. (c)(1), is classified to , Internal Revenue Code.

Amendments

Pub. L. 106–5542000—Subsec. (a). substituted “the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding.” for “the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immediately prior to”.

Pub. L. 102–5721992—Subsec. (c)(3). substituted “United States Court of Federal Claims” for “United States Claims Court”.

Pub. L. 99–514, § 1511(c)(17)1986—Subsec. (c)(1). , substituted “the underpayment rate or overpayment rate (whichever is appropriate) established” for “a rate established”.

Pub. L. 99–514, § 2, substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Pub. L. 97–452 section 1304(b) of title 31section 1302 of the Act of July 27, 1956 31 U.S.C. 724a1983—Subsec. (b). substituted “” for “ ()”.

Pub. L. 97–164, § 302(a)(1)1982—Subsec. (a). , (2), designated existing provisions as subsec. (a), substituted “at a rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immediately prior to the date of the judgment” for “at the rate allowed by State law”, and inserted provision that the Director of the Administrative Office of the United States Courts distribute notice of the rate and any changes in it to all Federal judges.

Pub. L. 97–258 section 1304(b)(1) of title 31section 1302 of the Act of July 27, 1956 31 U.S.C. 724aSubsec. (b). substituted “this title and ” for “title 28, United States Code, and ()”.

Pub. L. 97–164, § 302(a)(3)Subsecs. (b), (c). , added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–572Oct. 29, 1992section 911 of Pub. L. 102–572 section 171 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1986 Amendment

section 1511(c)(17) of Pub. L. 99–514Dec. 31, 1986section 1511(d) of Pub. L. 99–514 section 6621 of Title 26Amendment by applicable for purposes of determining interest for periods after , see , set out as a note under , Internal Revenue Code.

Effective Date of 1982 Amendments

Pub. L. 97–258, § 2(m)Sept. 13, 198296 Stat. 1062 Oct. 1, 1982, , , provided that the amendment made by that section is effective .

Pub. L. 97–164Oct. 1, 1982section 402 of Pub. L. 97–164 section 171 of this titleAmendment by effective , see , set out as a note under .