Notes on 28 U.S.C. § 2516 : US Code - Notes

Search Notes on 28 U.S.C. § 2516 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 978; Sept. 3, 1954, ch. 1263,
Sec. 57, 68 Stat. 1248; Pub. L. 97-164, title I, Sec. 139(j)(2),
title III, Sec. 302(d), Apr. 2, 1982, 96 Stat. 43, 56; Pub. L. 97-
258, Sec. 2(g)(5), (m)(3), Sept. 13, 1982, 96 Stat. 1061, 1062;
Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat.
4516; Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec. 307(d)(2)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-636.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., Sec. 284 and section 226 of
title 31, U.S.C., 1940 ed., Money and Finance (Sept. 30, 1890, ch.
1126, Sec. 1, 26 Stat. 537; Mar. 3, 1911, ch. 231, Sec. 177, 36
Stat. 1141; Nov. 23, 1921, ch. 136, Sec. 1324(b), 42 Stat. 316;
June 2, 1924, ch. 234, Sec. 1020, 43 Stat. 346; Feb. 13, 1925, ch.
229, Sec. 3(c), 43 Stat. 939; Feb. 26, 1926, ch. 27, Secs. 1117,
1200, 44 Stat. 119, 125; May 29, 1928, ch. 852, Sec. 615(a), 45
Stat. 877; June 22, 1936, ch. 690, Sec. 808, 49 Stat. 1746).
Subdivision (b) of section 284 of title 28, U.S.C., 1940 ed., was
omitted as covered by section 3771 of title 26, U.S.C., 1940 ed.,
Internal Revenue Code. Such omission required the exception in
subdivision (a) of such section 284, reading: "except as provided
in subdivision (b)", to be changed to read: "or Act of Congress
expressly providing for payment thereof."
Subsection (b) of this section is based on the last sentence of
section 226 of title 31, U.S.C., 1940 ed., Money and Finance.
Changes were made in phraseology.
1982 ACT
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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28:2516( 28:2516(b)(1st
b) sentence words
before "from the
date").
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Section 2(g)(5) of the bill restates 28:2516(b) because the
provisions in 28:2516(b) on the periods for computing interest were
superseded by the source provisions restated in section 1304 of the
revised title 31.
AMENDMENTS
2000 - Subsec. (b). Pub. L. 106-554 substituted "the weekly
average 1-year constant maturity Treasury yield, as published by
the Board of Governors of the Federal Reserve System, for the
calendar week preceding" for "the coupon issue yield equivalent (as
determined by the Secretary of the Treasury) of the average
accepted auction price for the last auction of fifty-two week
United States Treasury bills settled immediately before".
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, Sec. 139(j)(2), substituted
"United States Claims Court" for "Court of Claims".
Subsec. (b). Pub. L. 97-258 substituted provisions that interest
on a judgment against the United States is paid at a rate equal to
the coupon issue yield equivalent of the average accepted auction
price for the last auction of fifty-two week United States Treasury
bills settled immediately before the date of judgment for
provisions that such interest would be paid at the rate of four
percent per annum from the date of the filing of the transcript of
the judgment in the Treasury Department to the date of mandate of
affirmance by the Supreme Court and that the interest would not be
allowed for any period after the term of the Supreme Court at which
the judgment was affirmed, and repealed the amendment made by Pub.
L. 97-164, Sec. 302(d), eff. Oct. 1, 1982. See, also, section
1304(b) of Title 31, Money and Finance.
Pub. L. 97-164, Secs. 302(d), 402, eff. Oct. 1, 1982, struck out
"at the rate of four percent per annum" and all that follows
through "affirmance" and inserted in lieu thereof ", from the date
of the filing of the transcript of the judgment in the General
Accounting Office to the date of the mandate of the affirmance, at
a rate of interest equal to the coupon issue yield equivalent (as
determined by the Secretary of the Treasury) of the average
accepted auction price for the last auction of fifty-two week
United States Treasury bills settled immediately prior to the date
of the judgment".
1954 - Subsec. (b). Act Sept. 3, 1954, inserted "for any period"
after "allowed" in last sentence.
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
Section 2(g)(5) of Pub. L. 97-258 provided that the amendment
made by that section is effective Oct. 1, 1982.
REPEAL
Section 302(d) of Pub. L. 97-164, cited as a credit to this
section, was repealed by Pub. L. 97-258, Sec. 2(m)(3), Sept. 13,
1982, 96 Stat. 1062, eff. Oct. 1, 1982.