28 U.S.C. § 2412 — Costs and fees

Page 602 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2412 payment of the judgment’’ were substituted. Sub- stituted words clarify meaning and are in accord with congressional procedure in annual deficiency appro- priation acts for payment of judgments against the United States. The substituted words will obviate ne- cessity of repeating such provisions in appropriation acts. Changes were made in phraseology. 1949 ACT This section amends section 2411 of title 28, U.S.C., by restoring the provisions of section 177 of the former Ju- dicial Code for the payment of interest on tax refunds. Editorial Notes REFERENCES IN TEXT Section 6621 of the Internal Revenue Code of 1986, re- ferred to in text, is classified to section 6621 of Title 26, Internal Revenue Code. AMENDMENTS 1986—Pub. L. 99–514, § 1511(c)(18), substituted ‘‘the overpayment rate established under section 6621’’ for ‘‘an annual rate established under section 6621’’. Pub. L. 99–514, § 2, substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1982—Pub. L. 97–164 struck out ‘‘(a)’’ before ‘‘In any judgment’’ and struck out subsec. (b) which provided that, except as otherwise provided in subsection (a) of this section, on all final judgments rendered against the United States in actions instituted under section 1346 of this title, interest was to be computed at the rate of 4 per centum per annum from the date of the judgment up to, but not exceeding, thirty days after the date of approval of any appropriation Act providing for payment of the judgment. 1975—Subsec. (a). Pub. L. 93–625 substituted ‘‘an an- nual rate established under section 6621 of the Internal Revenue Code of 1954’’ for ‘‘the rate of 6 per centum per annum’’. 1949—Act May 24, 1949, restored provisions relating to payment of interest on tax refunds. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–514 applicable for purposes of determining interest for periods after Dec. 31, 1986, see section 1511(d) of Pub. L. 99–514, set out as a note under section 6621 of Title 26, Internal Revenue Code. 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. § 2412. Costs and fees (a)(1) Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in section 1920 of this title, but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States act- ing in his or her official capacity in any court having jurisdiction of such action. A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such party in the litigation. (2) A judgment for costs, when awarded in favor of the United States in an action brought by the United States, may include an amount equal to the filing fee prescribed under section 1914(a) of this title. The preceding sentence shall not be construed as requiring the United States to pay any filing fee. (b) Unless expressly prohibited by statute, a court may award reasonable fees and expenses of attorneys, in addition to the costs which may be awarded pursuant to subsection (a), to the pre- vailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdic- tion of such action. The United States shall be liable for such fees and expenses to the same ex- tent that any other party would be liable under the common law or under the terms of any stat- ute which specifically provides for such an award. (c)(1) Any judgment against the United States or any agency and any official of the United States acting in his or her official capacity for costs pursuant to subsection (a) shall be paid as provided in sections 2414 and 2517 of this title and shall be in addition to any relief provided in the judgment. (2) Any judgment against the United States or any agency and any official of the United States acting in his or her official capacity for fees and expenses of attorneys pursuant to subsection (b) shall be paid as provided in sections 2414 and 2517 of this title, except that if the basis for the award is a finding that the United States acted in bad faith, then the award shall be paid by any agency found to have acted in bad faith and shall be in addition to any relief provided in the judgment. (d)(1)(A) Except as otherwise specifically pro- vided by statute, a court shall award to a pre- vailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judi- cial review of agency action, brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special cir- cumstances make an award unjust. (B) A party seeking an award of fees and other expenses shall, within thirty days of final judg- ment in the action, submit to the court an ap- plication for fees and other expenses which shows that the party is a prevailing party and is eligible to receive an award under this sub- section, and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the United States was not substan- tially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought. (C) The court, in its discretion, may reduce the amount to be awarded pursuant to this sub- Page 603 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2412 section, or deny an award, to the extent that the prevailing party during the course of the pro- ceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy. (D) If, in a civil action brought by the United States or a proceeding for judicial review of an adversary adjudication described in section 504(a)(4) of title 5, the demand by the United States is substantially in excess of the judgment finally obtained by the United States and is un- reasonable when compared with such judgment, under the facts and circumstances of the case, the court shall award to the party the fees and other expenses related to defending against the excessive demand, unless the party has com- mitted a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. Fees and expenses award- ed under this subparagraph shall be paid only as a consequence of appropriations provided in ad- vance. (2) For the purposes of this subsection— (A) ‘‘fees and other expenses’’ includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engi- neering report, test, or project which is found by the court to be necessary for the prepara- tion of the party’s case, and reasonable attor- ney fees (The amount of fees awarded under this subsection shall be based upon prevailing market rates for the kind and quality of the services furnished, except that (i) no expert witness shall be compensated at a rate in ex- cess of the highest rate of compensation for expert witnesses paid by the United States; and (ii) attorney fees shall not be awarded in excess of $125 per hour unless the court deter- mines that an increase in the cost of living or a special factor, such as the limited avail- ability of qualified attorneys for the pro- ceedings involved, justifies a higher fee.); (B) ‘‘party’’ means (i) an individual whose net worth did not exceed $2,000,000 at the time the civil action was filed, or (ii) any owner of an unincorporated business, or any partner- ship, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and which had not more than 500 employees at the time the civil action was filed; except that an organization de- scribed in section 501(c)(3) of the Internal Rev- enue Code of 1986 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regard- less of the net worth of such organization or cooperative association or for purposes of sub- section (d)(1)(D), a small entity as defined in section 601 of title 5; (C) ‘‘United States’’ includes any agency and any official of the United States acting in his or her official capacity; (D) ‘‘position of the United States’’ means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agency upon which the civil action is based; except that fees and ex- penses may not be awarded to a party for any portion of the litigation in which the party has unreasonably protracted the proceedings; (E) ‘‘civil action brought by or against the United States’’ includes an appeal by a party, other than the United States, from a decision of a contracting officer rendered pursuant to a disputes clause in a contract with the Govern- ment or pursuant to chapter 71 of title 41; (F) ‘‘court’’ includes the United States Court of Federal Claims and the United States Court of Appeals for Veterans Claims; (G) ‘‘final judgment’’ means a judgment that is final and not appealable, and includes an order of settlement; (H) ‘‘prevailing party’’, in the case of emi- nent domain proceedings, means a party who obtains a final judgment (other than by settle- ment), exclusive of interest, the amount of which is at least as close to the highest valu- ation of the property involved that is attested to at trial on behalf of the property owner as it is to the highest valuation of the property involved that is attested to at trial on behalf of the Government; and (I) ‘‘demand’’ means the express demand of the United States which led to the adversary adjudication, but shall not include a recita- tion of the maximum statutory penalty (i) in the complaint, or (ii) elsewhere when accom- panied by an express demand for a lesser amount. (3) In awarding fees and other expenses under this subsection to a prevailing party in any ac- tion for judicial review of an adversary adjudica- tion, as defined in subsection (b)(1)(C) of section 504 of title 5, or an adversary adjudication sub- ject to chapter 71 of title 41, the court shall in- clude in that award fees and other expenses to the same extent authorized in subsection (a) of such section, unless the court finds that during such adversary adjudication the position of the United States was substantially justified, or that special circumstances make an award un- just. (4) Fees and other expenses awarded under this subsection to a party shall be paid by any agen- cy over which the party prevails from any funds made available to the agency by appropriation or otherwise. (5)(A) Not later than March 31 of the first fis- cal year beginning after the date of enactment of the John D. Dingell, Jr. Conservation, Man- agement, and Recreation Act, and every fiscal year thereafter, the Chairman of the Adminis- trative Conference of the United States shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. (B) Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. (C)(i) Each report under subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, re- gardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision. Page 604 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2412 (ii) The disclosure of fees and other expenses required under clause (i) shall not affect any other information that is subject to a nondisclo- sure provision in a settlement agreement. (D) The Chairman of the Administrative Con- ference of the United States shall include and clearly identify in each annual report under sub- paragraph (A), for each case in which an award of fees and other expenses is included in the re- port— (i) any amounts paid under section 1304 of title 31 for a judgment in the case; (ii) the amount of the award of fees and other expenses; and (iii) the statute under which the plaintiff filed suit. (6) As soon as practicable, and in any event not later than the date on which the first report under paragraph (5)(A) is required to be sub- mitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database con- taining, with respect to each award of fees and other expenses under this subsection made on or after the date of enactment of the John D. Din- gell, Jr. Conservation, Management, and Recre- ation Act, the following information: (A) The case name and number, hyperlinked to the case, if available. (B) The name of the agency involved in the case. (C) The name of each party to whom the award was made as such party is identified in the order or other court document making the award. (D) A description of the claims in the case. (E) The amount of the award. (F) The basis for the finding that the posi- tion of the agency concerned was not substan- tially justified. (7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order. (8) The head of each agency (including the At- torney General of the United States) shall pro- vide to the Chairman of the Administrative Con- ference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7). (e) The provisions of this section shall not apply to any costs, fees, and other expenses in connection with any proceeding to which sec- tion 7430 of the Internal Revenue Code of 1986 ap- plies (determined without regard to subsections (b) and (f) of such section). Nothing in the pre- ceding sentence shall prevent the awarding under subsection (a) of this section of costs enu- merated in section 1920 of this title (as in effect on October 1, 1981). (f) If the United States appeals an award of costs or fees and other expenses made against the United States under this section and the award is affirmed in whole or in part, interest shall be paid on the amount of the award as af- firmed. Such interest shall be computed at the rate determined under section 1961(a) of this title, and shall run from the date of the award through the day before the date of the mandate of affirmance. (June 25, 1948, ch. 646, 62 Stat. 973; Pub. L. 89–507, § 1, July 18, 1966, 80 Stat. 308; Pub. L. 96–481, title II, § 204(a), (c), Oct. 21, 1980, 94 Stat. 2327, 2329; Pub. L. 97–248, title II, § 292(c), Sept. 3, 1982, 96 Stat. 574; Pub. L. 99–80, §§ 2, 6, Aug. 5, 1985, 99 Stat. 184, 186; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–572, title III, § 301(a), title V, §§ 502(b), 506(a), title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4511–4513, 4516; Pub. L. 104–66, title I, § 1091(b), Dec. 21, 1995, 109 Stat. 722; Pub. L. 104–121, title II, § 232, Mar. 29, 1996, 110 Stat. 863; Pub. L. 105–368, title V, § 512(b)(1)(B), Nov. 11, 1998, 112 Stat. 3342; Pub. L. 111–350, § 5(g)(9), Jan. 4, 2011, 124 Stat. 3848; Pub. L. 116–9, title IV, § 4201(a)(2), (3), Mar. 12, 2019, 133 Stat. 763, 764.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 258, 931(a) (Mar. 3, 1911, ch. 231, § 152, 36 Stat. 1138; Aug. 2, 1946, ch. 753, § 410(a), 60 Stat. 843). Section consolidates the last sentence of section 931(a) of title 28, U.S.C., 1940 ed., with section 258 of said title 28. For other provisions of said section 931(a), see Distribution Table. Subsection (a) is new. It follows the well-known com- mon-law rule that a sovereign is not liable for costs un- less specific provision for such liability is made by law. This is a corollary to the rule that a sovereign cannot be sued without its consent. Many enactments of Congress relating to fees and costs contain specific exceptions as to the liability of the United States. (See, for example, section 548 of title 28, U.S.C., 1940 ed.) A uniform rule, embodied in this section, will make such specific exceptions unneces- sary. Subsection (b) incorporates section 258 of title 28, U.S.C., 1940 ed. Subsection (c) incorporates the costs provisions of section 931(a) of title 28, U.S.C., 1940 ed. Words ‘‘and for summoning the same,’’ after ‘‘wit- nesses,’’ were omitted from subsection (b) as covered by ‘‘those actually incurred for witnesses.’’ Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT The date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, re- ferred to in subsec. (d)(5)(A) and (6), is the date of en- actment of Pub. L. 116–9, which was approved Mar. 12, 2019. Section 7430 of the Internal Revenue Code of 1986, re- ferred to in subsec. (e), is classified to section 7430 of Title 26, Internal Revenue Code. AMENDMENTS 2019—Subsec. (d)(3). Pub. L. 116–9, § 4201(a)(3)(A), struck out ‘‘United States Code,’’ after ‘‘title 5,’’. Subsec. (d)(5) to (8). Pub. L. 116–9, § 4201(a)(2), added pars. (5) to (8). Subsec. (e). Pub. L. 116–9, § 4201(a)(3)(B), substituted ‘‘subsection (a) of this section of costs enumerated in section 1920 of this title’’ for ‘‘subsection (a) of section 2412 of title 28, United States Code, of costs enumerated in section 1920 of such title’’. 2011—Subsec. (d)(2)(E). Pub. L. 111–350, § 5(g)(9)(A), substituted ‘‘chapter 71 of title 41’’ for ‘‘the Contract Disputes Act of 1978’’. Subsec. (d)(3). Pub. L. 111–350, § 5(g)(9)(B), substituted ‘‘chapter 71 of title 41’’ for ‘‘the Contract Disputes Act of 1978’’. 1998—Subsec. (d)(2)(F). Pub. L. 105–368 substituted ‘‘Court of Appeals for Veterans Claims’’ for ‘‘Court of Veterans Appeals’’. 1996—Subsec. (d)(1)(D). Pub. L. 104–121, § 232(a), added subpar. (D). Page 605 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2412 Subsec. (d)(2)(A)(ii). Pub. L. 104–121, § 232(b)(1), sub- stituted ‘‘$125’’ for ‘‘$75’’. Subsec. (d)(2)(B). Pub. L. 104–121, § 232(b)(2), inserted before semicolon at end ‘‘or for purposes of subsection (d)(1)(D), a small entity as defined in section 601 of title 5’’. Subsec. (d)(2)(I). Pub. L. 104–121, § 232(b)(3)–(5), added subpar. (I). 1995—Subsec. (d)(5). Pub. L. 104–66 struck out par. (5) which read as follows: ‘‘The Attorney General shall re- port annually to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall de- scribe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information which may aid the Congress in evaluating the scope and impact of such awards.’’ 1992—Subsec. (a). Pub. L. 102–572, § 301(a), designated existing provisions as par. (1) and added par. (2). Subsec. (d)(2)(F). Pub. L. 102–572, § 902(b)(1), sub- stituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. Pub. L. 102–573, § 506(a), inserted before semicolon at end ‘‘and the United States Court of Veterans Ap- peals’’. Subsec. (d)(5). Pub. L. 102–572, § 502(b), substituted ‘‘The Attorney General shall report annually to the Congress on’’ for ‘‘The Director of the Administrative Office of the United States Courts shall include in the annual report prepared pursuant to section 604 of this title,’’. 1986—Subsecs. (d)(2)(B), (e). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1985—Subsecs. (a), (b). Pub. L. 99–80, § 2(a)(1), sub- stituted ‘‘or any agency or any official of the United States’’ for ‘‘or any agency and any official of the United States’’. Subsec. (d). Pub. L. 99–80, § 6, repealed amendment made by Pub. L. 96–481, § 204(c), and provided that sub- sec. (d) was effective on or after Aug. 5, 1985, as if it had not been repealed by section 204(c). See 1980 Amend- ment note and Revival of Previously Repealed Provi- sions note below. Subsec. (d)(1)(A). Pub. L. 99–80, § 2(a)(2), inserted ‘‘, including proceedings for judicial review of agency actions,’’ after ‘‘in tort)’’. Subsec. (d)(1)(B). Pub. L. 99–80, § 2(b), inserted provi- sions directing that whether or not the position of the United States was substantially justified must be de- termined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action was based) which is made in the civil action for which fees and other expenses are sought. Subsec. (d)(2)(B). Pub. L. 99–80, § 2(c)(1), substituted ‘‘$2,000,000’’ for ‘‘$1,000,000’’ in cl. (i), and substituted ‘‘or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and which had not more than 500 employees at the time the civil action was filed; except that an orga- nization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of such Code, or a cooper- ative association as defined in section 15(a) of the Agri- cultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association;’’ for ‘‘(ii) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth did not exceed $5,000,000 at the time the civil action was filed, except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of the Code and a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association, or (iii) a sole owner of an unincorporated business, or a partnership, corporation, association, or organiza- tion, having not more than 500 employees at the time the civil action was filed; and’’. Subsec. (d)(2)(D) to (H). Pub. L. 99–80, § 2(c)(2), added subpars. (D) to (H). Subsec. (d)(4). Pub. L. 99–80, § 2(d), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘(A) Fees and other expenses awarded under this sub- section may be paid by any agency over which the party prevails from any funds made available to the agency, by appropriation or otherwise, for such pur- pose. If not paid by any agency, the fees and other ex- penses shall be paid in the same manner as the pay- ment of final judgments is made in accordance with sections 2414 and 2517 of this title. ‘‘(B) There is authorized to be appropriated to each agency for each of the fiscal years 1982, 1983, and 1984, such sums as may be necessary to pay fees and other expenses awarded pursuant to this subsection in such fiscal years.’’ Subsec. (f). Pub. L. 99–80, § 2(e), added subsec. (f). 1982—Subsec. (e). Pub. L. 97–248 added subsec. (e). 1980—Pub. L. 96–481, § 204(a), designated existing pro- visions as subsec. (a), struck out provision that pay- ment of a judgment for costs shall be as provided in section 2414 and section 2517 of this title for the pay- ment of judgments against the United States, and added subsecs. (b) to (d). Pub. L. 96–481, § 204(c), repealed subsec. (d) eff. Oct. 1, 1984. See Effective Date of 1980 Amendment note below. 1966—Pub. L. 89–507 empowered a court having juris- diction to award judgment for costs, except as other- wise specifically provided by statute, to the prevailing party in any action brought by or against the United States or any agency or official of the United States acting in his official capacity, limited the judgment for costs when taxed against the Government to reimburs- ing in whole or in part the prevailing party for costs in- curred by him in the litigation, required the payment of a judgment for costs to be as provided in section 2414 and section 2517 of this title for the payment of judg- ments against the United States and eliminated provi- sions which limited the liability of the United States for fees and costs to those cases in which liability was expressed provided for by Act of Congress, permitted the district court or the Court of Claims, in an action under section 1346(a) or 1491 of this title if the United States put in issue plaintiff’s right to recover, to allow costs to the prevailing party from the time of joining such issue, and which authorized the allowance of costs to the successful claimant in an action under section 1346(b) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of Title 38, Veterans’ Benefits. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–121 applicable to civil ac- tions and adversary adjudications commenced on or after Mar. 29, 1996, see section 233 of Pub. L. 104–121, set out as a note under section 504 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–572, title V, § 506(b), Oct. 29, 1992, 106 Stat. 4513, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to any case pending before the United States Court of Vet- erans Appeals [now United States Court of Appeals for Veterans Claims] on the date of the enactment of this Act [Oct. 29, 1992], to any appeal filed in that court on or after such date, and to any appeal from that court that is pending on such date in the United States Court of Appeals for the Federal Circuit.’’ Page 606 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2413 Pub. L. 102–572, title V, § 506(d), Oct. 29, 1992, 106 Stat. 4513, provided that: ‘‘This section [amending this sec- tion and enacting provisions set out under this sec- tion], and the amendment made by this section, shall take effect on the date of the enactment of this Act [Oct. 29, 1992].’’ Amendment by section 902(b)(1) of Pub. L. 102–572 ef- fective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. Amendment by sections 301(a) and 502(b) of Pub. L. 102–572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–80 applicable to cases pend- ing on or commenced on or after Aug. 5, 1985, but with provision for additional applicability to certain prior cases and to prior board of contracts appeals cases, see section 7 of Pub. L. 99–80, set out as a note under sec- tion 504 of Title 5, Government Organization and Em- ployees. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–248 applicable to civil ac- tions or proceedings commenced after Feb. 28, 1983, see section 292(e)(1) of Pub. L. 97–248, set out as an Effec- tive Date note under section 7430 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 204(a) of Pub. L. 96–481 effec- tive Oct. 1, 1981, and applicable to any adversary adju- dication, as defined in section 504(b)(1)(C) of Title 5, Government Organization and Employees, and any civil action or adversary adjudication described in this sec- tion which is pending on, or commenced on or after, such date, see section 208 of Pub. L. 96–481, set out as an Effective Date note under section 504 of Title 5. Pub. L. 96–481, title II, § 204(c), Oct. 21, 1980, 94 Stat. 2329, which provided in part that effective Oct. 1, 1984, subsec. (d) of this section is repealed, except that the provisions of subsec. (d) shall continue to apply through final disposition of any adversary adjudication initiated before the date of repeal, was repealed by Pub. L. 99–80, § 6(b)(2), Aug. 5, 1985, 99 Stat. 186. EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–507, § 3, July 18, 1966, 80 Stat. 308, provided that: ‘‘These amendments [amending this section and section 2520 of this title] shall apply only to judgments entered in actions filed subsequent to the date of enact- ment of this Act [July 18, 1966]. These amendments shall not authorize the reopening or modification of judgments entered prior to the enactment of this Act.’’ REVIVAL OF PREVIOUSLY REPEALED PROVISIONS For revival of subsec. (d) of this section effective on or after Aug. 5, 1985, as if it had not been repealed by section 204(c) of Pub. L. 96–481, and repeal of section 204(c) of Pub. L. 96–481, see section 6 of Pub. L. 99–80, set out as a note under section 504 of Title 5, Government Organization and Employees. SAVINGS PROVISION Pub. L. 96–481, title II, § 206, Oct. 21, 1980, 94 Stat. 2330, as amended by Pub. L. 99–80, § 3, Aug. 5, 1985, 99 Stat. 186, provided that: ‘‘(a) Except as provided in subsection (b), nothing in section 2412(d) of title 28, United States Code, as added by section 204(a) of this title, alters, modifies, repeals, invalidates, or supersedes any other provision of Fed- eral law which authorizes an award of such fees and other expenses to any party other than the United States that prevails in any civil action brought by or against the United States. ‘‘(b) Section 206(b) of the Social Security Act (42 U.S.C. 406(b)(1)) shall not prevent an award of fees and other expenses under section 2412(d) of title 28, United States Code. Section 206(b)(2) of the Social Security Act shall not apply with respect to any such award but only if, where the claimant’s attorney receives fees for the same work under both section 206(b) of that Act and section 2412(d) of title 28, United States Code, the claimant’s attorney refunds to the claimant the amount of the smaller fee.’’ AUTHORITY OF COURT OF APPEALS FOR VETERANS CLAIMS TO AWARD FEES UNDER EQUAL ACCESS TO JUSTICE ACT FOR NON-ATTORNEY PRACTITIONERS. Pub. L. 107–330, title IV, § 403, Dec. 6, 2002, 116 Stat. 2833, provided that: ‘‘The authority of the United States Court of Appeals for Veterans Claims to award reasonable fees and expenses of attorneys under section 2412(d) of title 28, United States Code, shall include au- thority to award fees and expenses, in an amount deter- mined appropriate by the United States Court of Ap- peals for Veterans Claims, of individuals admitted to practice before the Court as non-attorney practitioners under subsection (b) or (c) of Rule 46 of the Rules of Practice and Procedure of the United States Court of Appeals for Veterans Claims.’’ NONLIABILITY OF JUDICIAL OFFICERS FOR COSTS Pub. L. 104–317, title III, § 309(a), Oct. 19, 1996, 110 Stat. 3853, provided that: ‘‘Notwithstanding any other provi- sion of law, no judicial officer shall be held liable for any costs, including attorney’s fees, in any action brought against such officer for an act or omission taken in such officer’s judicial capacity, unless such action was clearly in excess of such officer’s jurisdic- tion.’’ FEE AGREEMENTS Pub. L. 102–572, title V, § 506(c), Oct. 29, 1992, 106 Stat. 4513, provided that: ‘‘Section 5904(d) of title 38, United States Code, shall not prevent an award of fees and other expenses under section 2412(d) of title 28, United States Code. Section 5904(d) of title 38, United States Code, shall not apply with respect to any such award but only if, where the claimant’s attorney receives fees for the same work under both section 5904 of title 38, United States Code, and section 2412(d) of title 28, United States Code, the claimant’s attorney refunds to the claimant the amount of the smaller fee.’’ § 2413. Executions in favor of United States A writ of execution on a judgment obtained for the use of the United States in any court thereof shall be issued from and made return- able to the court which rendered the judgment, but may be executed in any other State, in any Territory, or in the District of Columbia. (June 25, 1948, ch. 646, 62 Stat. 974.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 839 (R.S. § 986). Words ‘‘or in the District of Columbia’’ were added on the authority of 14 Op. Atty. Gen. 384, declaring that, under this section, a writ of execution in favor of the United States, obtained from a Federal court in any State, could be executed in the District of Columbia. (See, also, section 1963 of this title.) Changes in phraseology were made. § 2414. Payment of judgments and compromise settlements Except as provided by chapter 71 of title 41, payment of final judgments rendered by a dis- trict court or the Court of International Trade against the United States shall be made on set- tlements by the Secretary of the Treasury. Pay- ment of final judgments rendered by a State or