Reimbursing the Judgment Fund
Only two types of Judgment Fund payments must be reimbursed to the Judgment Fund by the responsible agency:
Contract Disputes Act
Governed By 41 U.S.C. § 7101 et.seq.
CDA claims paid by the Judgment Fund shall be reimbursed by the agency whose appropriations were used for the contract in dispute.
Reimbursement Request
The Fiscal Service makes a demand for reimbursement in writing to the debtor agency 30 business days after the CDA payment has been made.
Agency Actions
Upon receipt of a reimbursement demand, an agency has 45 business days from the date of the demand letter to reimburse the Judgment Fund or contact the Judgment Fund Branch to make written arrangements for reimbursement.
Non-Compliance
An agency is considered noncompliant with the reimbursement provisions of the CDA if it fails to reimburse or make timely arrangements for reimbursement within that time period. Failing this, that agency will be identified as noncompliant in any reports on CDA reimbursements requested by Congress.
Federal agency balances of unreimbursed CDA amounts owed to Treasury are posted and updated quarterly.
No FEAR Act
Governed by 5 U.S.C. § 2301
The No FEAR Act requires agencies to reimburse the Judgment Fund for payments made on their behalf to employees, former employees, or applicants for federal employment arising out of claims of actual or alleged violations of Federal antidiscrimination laws, Federal whistleblower protection laws, and/or retaliation claims arising from the assertion of rights under those laws.
Reimbursement Request
The Fiscal Service makes a demand for reimbursement in writing to the debtor agency 15 business days after the No FEAR payment has been made.
Agency Actions
After a reimbursement demand has been received, an agency has 45 business days from the date of the demand letter to reimburse the Judgment Fund or contact the Judgment Fund Branch to make written arrangements for reimbursement.
Non-Compliance
An agency is considered noncompliant with the reimbursement provisions of the No FEAR Act if it fails to reimburse or make timely arrangements for reimbursement, as required by the Office of Personnel Management (OPM) regulations at 5 CFR § 724.104.
Non-Compliant Agency Report
As required by OPM regulations at 5 CFR § 724.105, Fiscal Service posts an annual report on its website listing those agencies that have failed to reimburse the Judgment Fund or to contact Fiscal Service within 45 days after receipt of a reimbursement demand related to No FEAR Act payments made on their behalf.
Currently no agencies are non-compliant.