28 U.S.C. § 2516

Interest on claims and judgments

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(a) Interest on a claim against the United States shall be allowed in a judgment of the United States Court of Federal Claims only under a contract or Act of Congress expressly providing for payment thereof.(b) Interest on a judgment against the United States affirmed by the Supreme Court after review on petition of the United States is paid at a rate equal to 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 the date of the judgment.(June 25, 1948, ch. 646, 62 Stat. 978; Sept. 3, 1954, ch. 1263, § 57, 68 Stat. 1248; Pub. L. 97–164, title I, § 139(j)(2), title III, § 302(d), Apr. 2, 1982, 96 Stat. 43, 56; Pub. L. 97–258, § 2(g)(5), (m)(3), Sept. 13, 1982, 96 Stat. 1061, 1062; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 106–554, § 1(a)(7) [title III, § 307(d)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–636.)Historical and Revision Notes1948 Act

Based on title 28, U.S.C., 1940 ed., § 284 and section 226 of title 31, U.S.C., 1940 ed., Money and Finance (Sept. 30, 1890, ch. 1126, § 1, 26 Stat. 537; Mar. 3, 1911, ch. 231, § 177, 36 Stat. 1141; Nov. 23, 1921, ch. 136, § 1324(b), 42 Stat. 316; June 2, 1924, ch. 234, § 1020, 43 Stat. 346; Feb. 13, 1925, ch. 229, § 3(c), 43 Stat. 939; Feb. 26, 1926, ch. 27, §§ 1117, 1200, 44 Stat. 119, 125; May 29, 1928, ch. 852, § 615(a), 45 Stat. 877; June 22, 1936, ch. 690, § 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
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
28:2516(b)	28:2516(b)(1st sentence words before “from the date”).

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2(g)(5) of the bill restates 28:2516(b) because the provisions in 28:2516(b) on the periods for computing interest were superseded by the source provisions restated in section 1304 of the revised title 31.

Editorial NotesAmendments

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, § 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, § 302(d), eff. Oct. 1, 1982. See, also, section 1304(b) of Title 31, Money and Finance.

Pub. L. 97–164, §§ 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.

Statutory Notes and Related SubsidiariesEffective 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

Pub. L. 97–258, § 2(g)(5), Sept. 13, 1982, 96 Stat. 1061, provided that the amendment made by that section is effective Oct. 1, 1982.

Repeals

Pub. L. 97–164, title III, § 302(d), Apr. 2, 1982, 96 Stat. 56, cited as a credit to this section, was repealed by Pub. L. 97–258, § 2(m)(3), Sept. 13, 1982, 96 Stat. 1062, eff. Oct. 1, 1982.

Notes of Decisions

Cited in 230 cases (3 in the last 5 years), 1954–2025 · leading case: Marathon Oil Co. & Mobile Oil Expl. & Producing Se., Inc. v. United States, 374 F.3d 1123 (Fed. Cir. 2004).

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Marathon Oil Co. & Mobile Oil Expl. & Producing Se., Inc. v. United States, 374 F.3d 1123 (Fed. Cir. 2004). · cites it 8× “Furthermore, the Oil Companies contend that the interest owed on their contract judgment is unaffected by 28 U.S.C. § 2516 (b) or 31 U.S.C. § 1304 (b).”

Wisconsin Elec. Power Co. v. United States, 90 Fed. Cl. 714 (Fed. Cl. 2009). · cites it 6× “) By statute, interest on a claim against the United States may be awarded only if provided for by contract or statute. “Interest on a claim against the United States shall be allowed in a judgment of the United States Court of Federal Claims only under a eon-tract or Act of…”

Sys. Fuels, Inc. v. United States, 92 Fed. Cl. 101 (Fed. Cl. 2010). · cites it 6× “The court’s authority to award the first type of interest as damages is governed by the Judiciary and Judicial Procedure Rules of Decision Act that provides, “[i]nterest on a claim against the United States shall be allowed in a judgment of the United States Court of Federal…”

Sys. Fuels, Inc. v. United States, 78 Fed. Cl. 769 (Fed. Cl. 2007). · cites it 5× “Plaintiffs do not contest that 28 U.S.C. § 2516 (a) is a general bar on the award of prejudgment interest, but rely on the United States Court of Appeals for the Federal Circuit decision in Wickham Contracting Co.”

Sys. Fuels, Inc. v. United States, 666 F.3d 1306 (Fed. Cir. 2012). · cites it 4× “The trial court stated that its authority to award interest on a claim of damages is governed by the Judiciary and Judicial Procedure Rules of Decision Act, which states that "interest on a claim against the United States shall be allowed in a judgment of the United States Court…”

Dorothy M. Thompson v. Ralph E. Kennickell, Jr., Pub. Printer, 797 F.2d 1015 (D.C. Cir. 1986). · cites it 7× “§ 2411 , 28 U.S.C. § 2516 , and 31 U.S.C. § 724a. These provisions designated certain judgments against the United States on which interest would be allowed and established both the rate of interest and the time period during which such interest would be payable.”

Dist. of Columbia v. C.J. Langenfelder & Son, Inc., 558 A.2d 1155 (D.C. 1989). · cites it 8× “See 28 U.S.C. § 2516 (a) (1982). Compare Maryland Port Administration, supra, 438 A.”

California Fed. Bank v. United States, 395 F.3d 1263 (Fed. Cir. 2005). · cites it 2× “” 28 U.S.C. § 2516 (a). This is not an action against a federal agency as such, but is an action against the United States based on a breach of contract caused by the enactment of legislation.”

Dravo Corp. v. United States, 219 Ct. Cl. 416 (Ct. Cl. 1979). · cites it 5× “To begin with, it is well established in the law that interest cannot be recovered against the United States upon unpaid accounts or claims in the absence of an express provision to the contrary in a relevant statute or contract, 28 U.S.C. § 2516 (a) (1970). 2 Mar-Pak Corp.”

Energy Nw. v. United States, 91 Fed. Cl. 531 (Fed. Cl. 2010). · cites it 4× “As interest on a claim, Plaintiffs recovery would be barred by operation of the “no interest” rule of 28 U.S.C. § 2516 (a), which provides: Interest on a claim against the United States shall be allowed in a judgment of the United States Court of Federal Claims only under a…”

N. States Power Co. v. United States, 78 Fed. Cl. 449 (Fed. Cl. 2007). · cites it 3× “In support of its argument, defendant refers to 28 U.S.C. § 2516 (a) which provides that “[i]nterest on a claim against the United States shall be allowed in a judgment of the United States Court of Federal Claims only under a contract or Act of Congress expressly providing for…”

Boston Edison Co. v. United States, 93 Fed. Cl. 105 (Fed. Cl. 2010). · cites it 4× “Whether Entergy may recover its claim for cost-of-capital damages turns on the application of the no-interest rule, which states that “[i]nterest on a claim against the United States shall be allowed in a judgment of the United States Court of Federal Claims only under a…”

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— 28 U.S.C. § 2516(a) — 4 cases

Georgia Ass'n of Retarded Citizens v. Dr. Charles McDaniel, 855 F.2d 794 (11th Cir. 1988).

Allen v. United States, 229 Ct. Cl. 515 (Ct. Cl. 1981).

Nez Perce Tribe of Indians v. United States, 176 Ct. Cl. 815 (Ct. Cl. 1966).

Gmo. Niehaus & Co. v. The United States, 373 F.2d 944 (Ct. Cl. 1967).

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