ABSTRACT

Judgment Fund: History, Administration, and Common Usage [March 7, 2013]   [open pdf - 299KB]

From the Document: "The Judgment Fund is a permanent, indefinite appropriation that was created by Congress in 1956 to pay judgments entered against the United States. Generally, the United States cannot be sued unless it has waived its sovereign immunity. Originally, such waivers were rare, so individual claims were assigned to congressional committees, which in turn appropriated funds to satisfy the judgments. Prior to the creation of the Judgment Fund, the number of claims grew rapidly, taking up an increasing amount of Congress's time and resources. Eventually, the Judgment Fund was created to reduce Congress's workload, so that individual appropriations were not needed for each award entered. […] This report sets out specific instances in which the Fund can be accessed and illustrates the procedural mechanisms for obtaining payment under certain statutory causes of action. Although primarily used for the payment of principal awards, attorneys' fees and interest on awards may also be paid from the Fund. At the court's discretion, certain costs enumerated in 28 U.S.C. §1920 [U.S. Code - Section 1920] may be awarded to the prevailing party. In addition, certain statutes, such as the Federal Tort Claims Act, provide that attorneys' fees may be recovered by the prevailing party. In addition, interest that accrues after the judgment may also be payable from the Fund. This report provides examples of how the payments from the Fund may be made under the Equal Access to Justice Act, Contract Disputes Act, Notification and Federal Employee Anti-discrimination Act (No FEAR Act), and through tribe-specific judgment funds."

Report Number:
CRS Report for Congress, R42835
Author:
Publisher:
Date:
2013-03-07
Series:
Copyright:
Public Domain
Retrieved From:
Via E-mail
Format:
pdf
Media Type:
application/pdf
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