
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC1304]

 
                       TITLE 31--MONEY AND FINANCE
 
                     SUBTITLE II--THE BUDGET PROCESS
 
                       CHAPTER 13--APPROPRIATIONS
 
                          SUBCHAPTER I--GENERAL
 
Sec. 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) under section 3723 of this title;
            (C) under a decision of a board of contract appeals; or
            (D) in excess of an amount payable from the appropriations 
        of an agency for a meritorious claim under section 2733 or 2734 
        of title 10, section 715 of title 32, or section 203 of the 
        National Aeronautics and Space Act of 1958 (42 U.S.C. 2473).

    (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) on a judgment of the Court of Appeals for the Federal 
    Circuit or the United States Court of Federal Claims under section 
    2516(b) of title 28, 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) A judgment or compromise settlement against the Government 
shall be paid under this section and sections 2414, 2517, and 2518 \1\ 
of title 28 when the judgment or settlement arises out of an express or 
implied contract made by--
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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        (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.

(Pub. L. 97-258, Secs. 1, 2(m)(2), Sept. 13, 1982, 96 Stat. 917, 1062; 
Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 
4516; Pub. L. 104-316, title II, Sec. 202(m), Oct. 19, 1996, 110 Stat. 
3843.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1304(a)..............................  31:724a(1st sentence words      July 27,
 1956, ch. 748, Sec.  1302(1st
                                        before 1st proviso).            sentenc
e), 70 Stat. 694; Aug. 30, 1961,
                                                                        Pub. L.
 87-187, Sec.  3, 75 Stat. 416;
                                                                        July 18
, 1966, Pub. L. 89-506, Sec.  6,
                                                                        80 Stat
. 307; July 23, 1970, Pub. L. 91-
                                                                        350, Se
c.  1(c), 84 Stat. 449; restated
                                                                        May 4, 
1977, Pub. L. 95-26, Sec.  101(2d
                                                                        par. un
der heading ``Claims and
                                                                        Judgmen
ts''), 91 Stat. 96; Mar. 7, 1978,
                                                                        Pub. L.
 95-240, Sec.  201, 92 Stat. 116;
                                                                        Nov. 1,
 1978, Pub. L. 95-563, Sec.
                                                                        14(c), 
92 Stat. 2390; Apr. 2, 1982, Pub.
                                                                        L. 97-1
64, title I, Sec.  155, title
                                                                        III, Se
c.  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.

                       References in Text

    Section 2518 of title 28, referred to in subsec. (c)(1), was 
repealed by Pub. L. 97-164, title I, Sec. 139(l), Apr. 2, 1982, 96 Stat. 
43.


                               Amendments

    1996--Subsecs. (a)(2), (b)(1)(A), (B). Pub. L. 104-316 substituted 
``Secretary of the Treasury'' for ``Comptroller General''.
    1992--Subsec. (b)(1)(B). Pub. L. 102-572 substituted ``United States 
Court of Federal Claims'' for ``United States Claims Court''.
    1982--Subsec. (b)(1)(A). Pub. L. 97-258, Sec. 2(m)(2)(A), struck out 
``under section 2411(b) of title 28'' after ``district court''.
    Subsec. (b)(1)(B). Pub. L. 97-258, Sec. 2(m)(2)(B), substituted 
``Court of Appeals for the Federal Circuit or the United States Claims 
Court'' for ``Court of Claims''.


                    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 Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1982 Amendment

    Section 2(m) of Pub. L. 97-258 provided that the amendment made by 
that section is effective Oct. 1, 1982.

                  Section Referred to in Other Sections

    This section is referred to in sections 3723, 7430, 7432, 7433 of 
this title; title 7 section 136m; title 10 sections 2733, 2734; title 16 
sections 79g, 429b, 460bb-2, 838l; title 25 sections 1777c, 1778c; title 
26 sections 7426, 7435; title 28 sections 1961, 3906; title 32 sections 
334, 715; title 41 section 612.
