§ 2517. Payment of judgments

Statutory text

Except as provided by chapter 71 of title 41, every final judgment rendered by the United States Court of Federal Claims against the United States shall be paid out of any general appropriation therefor, on presentation to the Secretary of the Treasury of a certification of the judgment by the clerk and chief judge of the court.

Payment of any such judgment and of interest thereon shall be a full discharge to the United States of all claims and demands arising out of the matters involved in the case or controversy, unless the judgment is designated a partial judgment, in which event only the matters described therein shall be discharged.

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.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2517
June 25, 1948, ch. 646, 62 Stat. 979
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 979
1978
Contract Disputes Act of 1978
Pub. L. 95–563 § 14(e) · 92 Stat. 2383
Inserted · 28 U.S.C. § 2517(a)
Pub. L. 95–563, § 14(e), inserted Contract Disputes Act of 1978 exception
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–563, § 14(e), inserted Contract Disputes Act of 1978 exception.
Enacted provision · exact public law section
(e) Section 2517(a) of title 28. United States Code, is amended by striking out “Every” at the beginning and inserting in lieu thereof “Except as provided by the Contract Disputes Act of 1978, every”.
1978
Contract Disputes Act of 1978
Pub. L. 95–563 § 14(f) · 92 Stat. 2383
Inserted · 28 U.S.C. § 2517(b)
Pub. L. 95–563, § 14(f), inserted provision relating to discharge of partial judgments
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–563, § 14(f), inserted provision relating to discharge of partial judgments.
Enacted provision · exact public law section
(f) Section 2517(b) of title 28, United States Code, is amended by inserting after “case or controversy” the following: “, unless the judgment is designated a partial judgment, in which event only the matters described therein shall be discharged,”.
1982
Federal Courts Improvement Act of 1982
Pub. L. 97–164 § 139(k)(1) · 96 Stat. 25
Substituted · 28 U.S.C. § 2517(a)
Pub. L. 97–164, § 139(k)(1), substituted “United States Claims Court” for “Court of Claims”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–164, § 139(k)(1), substituted “United States Claims Court” for “Court of Claims”.
Enacted provision · exact public law section
(1) in subsection (a), by striking out “Court of Claims” and inserting in lieu thereof “United States Claims Court”; and
1982
Federal Courts Improvement Act of 1982
Pub. L. 97–164 § 139(k)(2) · 96 Stat. 25
Struck · 28 U.S.C. § 2517(b)
Pub. L. 97–164, § 139(k)(2), struck out the comma after “shall be discharged” thereby correcting a technical error in the directory language in Pub. L. 95–563 which placed both a comma and a period after “shall be discharged”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–164, § 139(k)(2), struck out the comma after “shall be discharged” thereby correcting a technical error in the directory language in Pub. L. 95–563 which placed both a comma and a period after “shall be discharged”.
Enacted provision · exact public law section
(2) in subsection (b), by striking out the comma immediately after “discharged”.
1992
Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(a)(1) · 106 Stat. 4506
Substituted · 28 U.S.C. § 2517(a)
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
Enacted provision · exact public law section
(1) by striking “United States Claims Court” each place it appears and inserting “United States Court of Federal Claims”; and
Effective date note
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
1996
General Accounting Office Act of 1996
Pub. L. 104–316 title II § 202 · 110 Stat. 3826
Substituted · 28 U.S.C. § 2517(a)
Pub. L. 104–316 substituted “Secretary of the Treasury” for “General Accounting Office”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–316 substituted “Secretary of the Treasury” for “General Accounting Office”.
Enacted provision · exact public law section
SEC. 202. CONFORMING AMENDMENTS. (a) Claims for Proceeds From Sale of Household and Personal Effects.— Section 5564(h) of title 5, United States Code, is amended by striking “General Accounting Office” each place it appears and inserting “Administrator of General Services”. (b) Settlement of Accounts of Deceased Employees.— Section 5583 of title 5, United States Code, is amended— (1) in subsection (a) by striking “Comptroller General of the United States” and inserting “Director of the Office of Personnel Management”; and (2) in subsection (b) by striking the first sentence and inserting: “The Director may by regulation prescribe the method for settlement of accounts payable under subsection (a) of this section.” (c) Remission of Liquidated Damages.— Section 2312 of title 10, United States Code, is amended by striking “Comptroller General” and inserting “Secretary of the Treasury”. (d) Disposition of Unclaimed Property.— Section 2575(d) of title 10, United States Code, is amended by striking “Comptroller General of the United States” both places it appears and inserting “Secretary of Defense”. (e) Payment OF Claims.— Sections 2733(d) and 2734(d) of title 10, United States Code, are amended by striking “Comptroller General” and inserting “Secretary of the Treasury”. (f) Settlement of Accounts of Deceased Members.— Section 2771(c) of title 10, United States Code, is amended to read as follows: “(c) Payments under subsection (a) shall be made by the Secretary of Defense.”. (g) Disposition of Effects of Deceased Members.— Sections 4712 and 9712 of title 10, United States Code, are amended by striking subsection (g). (h) Settlement of International Claims.— Section 7 of the International Claims Settlement Act of 1949 (22 U. S. C. 1626) is amended— (1) in subsection (c)— (A) in paragraph (1) by striking “Comptroller General” and inserting “Secretary of the Treasury”; and (B) in paragraph (2) by striking “Comptroller General of the United States” and inserting “Secretary of the Treasury”; and (2) in subsection (d) by striking “, or the Comptroller General of the United States, as the case may be,”. (i) Estates of Decedents.— Section 1709 of the Revised Statutes (22 U. S. C. 4195) is amended— (1) by striking “General Accounting Office” each place it appears and inserting “Department of State”; (2) in the penultimate paragraph— (A) in the first sentence, by striking “Comptroller General of the United States, or such member of the General Accounting Office as he may duly empower to act as his representative for the purpose,” and inserting “Secretary of State or the Secretary’s representative”; and (B) by striking “Comptroller General” and inserting “Secretary of State”; and (3) in the last paragraph— (A) by striking “office” and inserting “department”; and (B) by striking “Comptroller General” and inserting “Secretary of State”. (j) Disposition of Effects of Deceased Armed Forces Retirement Home Residents.— Section 1520 of the Armed Forces Retirement Home Act of 1991 (24 U. S. C. 420) is amended— (1) in subsection (b)(1)(C)— (A) by striking “Comptroller General of the United States” in the second sentence and inserting “Secretary of Defense”; and (B) by striking “Comptroller General” in the third sentence and inserting “Secretary”; and (2) in subsection (d)— (A) by striking “Comptroller General of the United States” in paragraph (1) and inserting “Secretary of Defense”; and (B) by striking “Comptroller General” in paragraphs (2) and (3) and inserting “Secretary”. (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”. (l) Payment of Judgments.— Section 2517(a) of title 28, United States Code, is amended by striking “General Accounting Office” and inserting “Secretary of the Treasury”. (m) Judgment Fund Certifications.— Section 1304 of title 31, United States Code, is amended by striking “Comptroller General” each place it appears and inserting “Secretary of the Treasury”. (n) Claims Settlement.— (1) In general.— Section 3702 of title 31, United States Code, is amended— (A) in the heading by striking “of the Comptroller General”; (B) by amending subsection (a) to read as follows: “(a) Except as provided in this chapter or another law, all claims of or against the United States Government shall be settled as follows: “(1) The Secretary of Defense shall settle— “(A) claims involving uniformed service members’ pay, allowances, travel, transportation, retired pay, and survivor benefits; and “(B) claims by transportation carriers involving amounts collected from them for loss or damage incurred to property incident to shipment at Government expense. “(2) The Director of the Office of Personnel Management shall settle claims involving Federal civilian employees’ compensation and leave. “(3) The Administrator of General Services shall settle claims involving expenses incurred by Federal civilian employees for official travel and transportation, and for relocation expenses incident to transfers of official duty station. “(4) The Director of the Office of Management and Budget shall settle claims not otherwise provided for by this subsection or another provision of law.”; (C) in subsection (b)(1), by amending that portion of the second sentence preceding subparagraph (A) to read “The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except—”; (D) in subsection (b)(2) by striking “presented to the Comptroller General” and inserting “received”, and by striking “clause” and inserting “paragraph”; (E) by amending subsection (b)(3) to read as follows: “(3) A claim that is not received in the time required under this subsection shall be returned with a copy of this subsection, and no further communication is required.”; and (F) in subsection (d), by striking “Comptroller General” the first place it appears and inserting “official responsible under subsection (a) for settling the claim”; and by striking “Comptroller General” every other place it appears and inserting “official”. (2) Clerical amendment.— Chapter 37 of title 31, United States Code, is amended in the table of sections at the beginning of the chapter, by amending the item relating to section 3702 to read as follows: “3702. Authority to settle claims,”. (o) Transportation Claims.— Section 3726 of title 31, United States Code, is amended— (1) in subsection (f) by striking “and the Comptroller General prescribe jointly” and inserting “prescribes”; and (2) in subsection (g)(1) by striking “Comptroller General” and inserting “Administrator of General Services”. (p) Setoff Against Judgments.— Section 3728 of title 31, United States Code, is amended— (1) in subsection (a) by striking “Comptroller General” the first place it appears and inserting “Secretary of the Treasury”; and (2) by striking “Comptroller General” each place it appears thereafter and inserting “Secretary”. (q) Settlement of Accounts of Deceased Members.— Section 714(c) of title 32, United States Code, is amended— (1) in the first sentence, by striking “Comptroller General” and inserting “Secretary concerned”; and (2) by striking the second sentence. (r) Payment of Claims Relating to National Guard Activities.— Section 715(d) of title 32, United States Code, is amended by striking “Comptroller General” and inserting “Secretary of the Treasury”. (s) Claims for Net Proceeds from Sales of Household and Personal Effects.— Section 554(h) of title 37, United States Code, is amended by striking “General Accounting Office” each place it appears and inserting “Secretary of Defense”. (t) Cancellation of Checks Mailed to Deceased Payees.— Section 5122 of title 38, United States Code, is amended by striking “upon settlement by the General Accounting Office”. (u) Waiver of Liquidated Damages.— Section 10(a) of the Act of September 5, 1950 (64 Stat. 591; 41 U. S. C. 256a), is amended by striking “Comptroller General” and inserting “Secretary of the Treasury”.
2011
Pub. L. 111–350 § 5(g)(11) · 124 Stat. 3677
Substituted · 28 U.S.C. § 2517(a)
Pub. L. 111–350 substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 111–350 substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978”.
Enacted provision · exact public law section
(11) In section 2517(a), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”.

7 of 8 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 285, and sections 225, 228, of title 31, U.S.C., 1940 ed., Money and Finance, (R.S. §§ 236, 1089; Feb. 18, 1904, ch. 160, § 1, 33 Stat. 41; Mar. 3, 1911, ch. 231, § 178, 36 Stat. 1141; June 10, 1921, ch. 18, §§ 304, 305, 42 Stat. 24; Feb. 13, 1925, ch. 229, § 3(c), 43 Stat. 939).

Section consolidates section 285 of title 28, U.S.C., 1940 ed., and sections 225 and 228 of title 31, U.S.C., 1940 ed., Money and Finance.

Words “chief judge” were substituted for “the chief justice, or, in his absence, by the presiding judge of said court” in section 225 of title 31, U.S.C., 1940 ed., Money and Finance, in conformity with chapter 7 of this title.

Words “or, on review, by the Supreme Court, where the same are affirmed in favor of the claimant” in section 225 of title 31, U.S.C., 1940 ed., were omitted as unnecessary.

Provisions of section 228 of title 31, U.S.C., 1940 ed., for payment of district court judgments are incorporated in section 2414 of this title.

Changes were made in phraseology.

Editorial Notes

Amendments1978–2011 · 5 rounds

2011

Subsec. (a). Pub. L. 111–350 substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978”.

1996

Subsec. (a). Pub. L. 104–316 substituted “Secretary of the Treasury” for “General Accounting Office”.

1992

Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1982

Subsec. (a). Pub. L. 97–164, § 139(k)(1), substituted “United States Claims Court” for “Court of Claims”.

Subsec. (b). Pub. L. 97–164, § 139(k)(2), struck out the comma after “shall be discharged” thereby correcting a technical error in the directory language in Pub. L. 95–563 which placed both a comma and a period after “shall be discharged”.

1978

Subsec. (a). Pub. L. 95–563, § 14(e), inserted Contract Disputes Act of 1978 exception.

Subsec. (b). Pub. L. 95–563, § 14(f), inserted provision relating to discharge of partial judgments.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

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

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 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, Nov. 1, 1978, 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

1948June 25, 1948, ch. 646, 62 Stat. 979
1978Pub. L. 95–563, § 14(e), (f), Nov. 1, 1978, 92 Stat. 2390
1982Pub. L. 97–164, title I, § 139(k), Apr. 2, 1982, 96 Stat. 43
1992Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516
1996Pub. L. 104–316, title II, § 202(l), Oct. 19, 1996, 110 Stat. 3843
2011Pub. L. 111–350, § 5(g)(11), Jan. 4, 2011, 124 Stat. 3848.

Show as published

(June 25, 1948, ch. 646, 62 Stat. 979; Pub. L. 95–563, § 14(e), (f), Nov. 1, 1978, 92 Stat. 2390; Pub. L. 97–164, title I, § 139(k), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–316, title II, § 202(l), Oct. 19, 1996, 110 Stat. 3843; Pub. L. 111–350, § 5(g)(11), Jan. 4, 2011, 124 Stat. 3848.)