Reading Room Document

Availability of Judgment Fund in Cases Not Involving a Money Judgment Claim

The Judgment Fund is not available for suits that do not seek to require the government to make direct payments of money to individuals, but merely would require the government to take actions that result in the expenditure of government funds. The Judgment Fund is available: (1) for the payment of final "money judgments" (but not for "non-money judgments") whose payment is not "otherwise provided for"; (2) for the payment of tort settlements covered by statutory provisions listed in 31 U.S.C. § 1304(a); and (3) for the payment of non-tort settlements authorized by the Attorney General or his designee, whose payment is not "otherwise provided for," if and only if the cause of action that gave rise to the settlement could have resulted in a final money judgment. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24196/download.

April 14, 1989