31 U.S.C. § 1304 | Judgments, awards, and compromise settlements

(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)

section 3723 of this title under ;

(C)

under a decision of a board of contract appeals; or

(D)

section 715 of title 32 section 20113 of title 51 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, , or .

(b)

(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)

section 2516(b) of title 28 on a judgment of the Court of Appeals for the Federal Circuit or the United States Court of Federal Claims under , 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.

(c)

(1)

1 See References in Text note below.

A judgment or compromise settlement against the Government shall be paid under this section and sections 2414, 2517, and 2518  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. 97–258Sept. 13, 198296 Stat. 917 Pub. L. 102–572, title IX, § 902(b)(1)Oct. 29, 1992106 Stat. 4516 Pub. L. 104–316, title II, § 202(m)Oct. 19, 1996110 Stat. 3843 Pub. L. 111–314, § 4(b)Dec. 18, 2010124 Stat. 3440 Pub. L. 116–9, title IV, § 4201(b)Mar. 12, 2019133 Stat. 764 Pub. L. 116–92, div. A, title VII, § 731(c)(2)Dec. 20, 2019133 Stat. 1460 (, §§ 1, 2(m)(2), , , 1062; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
1304(a)	31:724a(1st sentence words before 1st proviso).	July 27, 1956, ch. 748, § 1302(1st sentence), 70 Stat. 694; Aug. 30, 1961, Pub. L. 87–187, § 3, 75 Stat. 416; July 18, 1966, Pub. L. 89–506, § 6, 80 Stat. 307; July 23, 1970, Pub. L. 91–350, § 1(c), 84 Stat. 449; restated May 4, 1977, Pub. L. 95–26, § 101(2d par. under heading “Claims and Judgments”), 91 Stat. 96; Mar. 7, 1978, Pub. L. 95–240, § 201, 92 Stat. 116; Nov. 1, 1978, Pub. L. 95–563, § 14(c), 92 Stat. 2390; Apr. 2, 1982, Pub. L. 97–164, title I, § 155, title III, § 302(c), 96 Stat. 47, 56.
1304(b)	28:2516(b)(less 1st sentence words after last comma).
	31:724a(1st sentence 1st, 2d provisos).
1304(c)	31:724a(1st sentence last proviso)

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.

Editorial Notes

References in Text

Section 2518 of title 28 Pub. L. 97–164, title I, § 139lApr. 2, 198296 Stat. 43 , referred to in subsec. (c)(1), was repealed by (), , .

Pub. L. 116–9Mar. 12, 2019The date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, referred to in subsec. (d), is the date of enactment of , which was approved .

Amendments

Pub. L. 116–922019—Subsec. (a)(3)(D). , which directed substitution of “2733, 2733a,” for “2733,”, was executed by making the substitution for “2733” to reflect the probable intent of Congress.

Pub. L. 116–9Subsec. (d). added subsec. (d).

Pub. L. 111–314 section 20113 of title 51 42 U.S.C. 24732010—Subsec. (a)(3)(D). substituted “” for “section 203 of the National Aeronautics and Space Act of 1958 ()”.

Pub. L. 104–3161996—Subsecs. (a)(2), (b)(1)(A), (B). substituted “Secretary of the Treasury” for “Comptroller General”.

Pub. L. 102–5721992—Subsec. (b)(1)(B). substituted “United States Court of Federal Claims” for “United States Claims Court”.

Pub. L. 97–258, § 2(m)(2)(A)section 2411(b) of title 281982—Subsec. (b)(1)(A). , struck out “under ” after “district court”.

Pub. L. 97–258, § 2(m)(2)(B)Subsec. (b)(1)(B). , substituted “Court of Appeals for the Federal Circuit or the United States Claims Court” for “Court of Claims”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–92 section 2733a of Title 10Jan. 1, 2020section 2733a(b)(4) of Title 10 section 731(d) of Pub. L. 116–92 section 2733a of Title 10Amendment by applicable to any claim filed under , Armed Forces, on or after , and any claim filed in calendar year 2020 deemed to be filed within the time period specified in if filed within three years after it accrues, see , set out as an Effective Date note under .

Effective Date of 1992 Amendment

Pub. L. 102–572Oct. 29, 1992section 911 of Pub. L. 102–572 section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.

Effective Date of 1982 Amendment

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

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .