28 U.S.C. § 2413 — Executions in favor of United States

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 (d) of this section is repealed, except that the provisions of subsec.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continue to apply through final disposition of any adversary adjudication initiated before the date of repeal, was repealed by Pub.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