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Title 28 — Judiciary and Judicial Procedure

Part VI · Chapter 161 — United States as Party Generally

§ 2414. Payment of judgments and compromise settlements

Statutory text

Except as provided by chapter 71 of title 41, 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 2414

    June 25, 1948, ch. 646, 62 Stat. 974

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 974

  2. Pub. L. 87–187 § 1 · 75 Stat. 415

    Substituted · 28 U.S.C. § 2414

    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

    Source evidence

    Code amendment note
    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.

  3. Contract Disputes Act of 1978

    Pub. L. 95–563 § 14(d) · 92 Stat. 2383

    Inserted · 28 U.S.C. § 2414

    Pub. L. 95–563 inserted Contract Disputes Act of 1978 exception

    Source evidence

    Code amendment note
    Pub. L. 95–563 inserted Contract Disputes Act of 1978 exception.

    Enacted provision · exact public law section
    (d) Section 2414 of title 28, United States Code, is amended by striking out “Payment” at the beginning and inserting in lieu thereof “Except as provided by the Contract Disputes Act of 1978, payment”.

  4. Customs Courts Act of 1980

    Pub. L. 96–417 title V § 512 · 94 Stat. 1727

    Changed · 28 U.S.C. § 2414

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 512. The first paragraph of section 2414 of title 28, United States Code, is amended by inserting “or the Court of International Trade” immediately after “court” in the first sentence.

    Effective date note
    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.

  5. General Accounting Office Act of 1996

    Pub. L. 104–316 title II § 202(k) · 110 Stat. 3826

    Substituted · 28 U.S.C. § 2414

    Pub. L. 104–316 in first par. substituted “Secretary of the Treasury” for “General Accounting Office” in two places

    Source evidence

    Code amendment note
    Pub. L. 104–316 in first par. substituted “Secretary of the Treasury” for “General Accounting Office” in two places.

    Enacted provision · exact public law section
    (k) Payment of Judgments and Compromise Settlements.— Section 2414 of title 28, United States Code, is amended in the first paragraph by striking “General Accounting Office” each place it appears and inserting “Secretary of the Treasury”.

  6. Pub. L. 111–350 § 5(g)(10) · 124 Stat. 3677

    Substituted · 28 U.S.C. § 2414

    Pub. L. 111–350 substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978” in first par

    Source evidence

    Code amendment note
    Pub. L. 111–350 substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978” in first par.

    Enacted provision · exact public law section
    (10) In section 2414, strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”.

4 of 6 references resolved to an enrolled provision · 2 partial

Notes

Historical and Revision Notes

Based on section 228 of title 31, U.S.C., 1940 ed., Money and Finance (Feb. 18, 1904, ch. 160, § 1, 33 Stat. 41; June 10, 1921, ch. 18, § 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.

Editorial Notes

Amendments1961–2011 · 5 rounds

2011

Pub. L. 111–350 substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978” in first par.

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.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–417 effective , 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 , 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, , 92 Stat. 2391, formerly set out as an Effective Date note under section 601 of former Title 41, Public Contracts.

Credits

1948–2011 · 6 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 974
  2. 1961Pub. L. 87–187, § 1, , 75 Stat. 415
  3. 1978Pub. L. 95–563, § 14(d), , 92 Stat. 2390
  4. 1980Pub. L. 96–417, title V, § 512, , 94 Stat. 1744
  5. 1996Pub. L. 104–316, title II, § 202(k), , 110 Stat. 3843
  6. 2011Pub. L. 111–350, § 5(g)(10), , 124 Stat. 3848.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 974; Pub. L. 87–187, § 1, , 75 Stat. 415; Pub. L. 95–563, § 14(d), , 92 Stat. 2390; Pub. L. 96–417, title V, § 512, , 94 Stat. 1744; Pub. L. 104–316, title II, § 202(k), , 110 Stat. 3843; Pub. L. 111–350, § 5(g)(10), , 124 Stat. 3848.)

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