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28 U.S.C. § 1499 — Liquidated damages withheld from contractors under chapter 37 of title 40
Federal law — U.S. Code and appendices · legal_authorities
The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for liquidated damages withheld from a contractor or subcontractor under [section 3703 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3703&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-28/section-1499-liquidated-damages-withheld-from-contractors-under-chapter-37-of-title-4--3b33e16a07.md
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Source location: Title 28, Chapter 91, § 1499; chapter-091-united-states-court-of-federal-claims.md
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The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for liquidated damages withheld from a contractor or subcontractor under [section 3703 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3703&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports of Inspectors.—** An officer or individual designated as an inspector of the work to be performed under a contract described in [section 3701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3701&num=0&edition=prelim), or to aid in the enforcement or fulfillment of the contract, on observation or after investigation immediately shall report to the proper officer of the Federal Government, a territory of the United States, or the District of Columbia all violations of this chapter occurring in the performance of the work, together with the name of each laborer or mechanic who was required or permitted to work in violation of this chapter and the day the violation occurred.
**(b) Withholding Amounts.—**
(1) **Determining amount.—** — The amount of unpaid wages and liquidated damages owing under this chapter shall be determined administratively.
(2) **Amount directed to be withheld.—** — The officer or individual whose duty it is to approve the payment of money by the Government, territory, or District of Columbia in connection with the performance of the contract work shall direct the amount of—
(A) liquidated damages to be withheld for the use and benefit of the Government, territory, or District; and
(B) unpaid wages to be withheld for the use and benefit of the laborers and mechanics who were not compensated as required under this chapter.
(3) **Payment.—** — The Secretary of Labor shall pay the amount administratively determined to be due directly to the laborers and mechanics from amounts withheld on account of underpayments of wages if the amount withheld is adequate. If the amount withheld is not adequate, the Secretary of Labor shall pay an equitable proportion of the amount due.
**(c) Right of Act
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3703
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
**(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 171
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Environmental Restoration Program.—**
(1) **In general.—** — The Secretary of Defense shall carry out a program of environmental restoration at facilities under the jurisdiction of the Secretary and at National Guard facilities. The program shall be known as the “Defense Environmental Restoration Program”.
(2) **Application of section 120 of cercla.—** — Activities of the program described in subsection (b)(1) shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of CERCLA ([42 U.S.C. 9620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)).
(3) **Consultation with epa.—** — The program shall be carried out in consultation with the Administrator of the Environmental Protection Agency.
(4) **Administrative office within osd.—** — The Secretary shall identify an office within the Office of the Secretary which shall have responsibility for carrying out the program.
**(b) Program Goals.—** Goals of the program shall include the following:
(1) The identification, investigation, research and development, and cleanup of contamination from a hazardous substance or pollutant or contaminant.
(2) Correction of other environmental damage (such as detection and disposal of unexploded ordnance) which creates an imminent and substantial endangerment to the public health or welfare or to the environment.
(3) Demolition and removal of unsafe buildings and structures, including buildings and structures of the Department of Defense at sites formerly used by or under the jurisdiction of the Secretary.
**(c) Responsibility for Response Actions.—**
(1) **Basic responsibility.—** — The Secretary shall carry out (in accordance with the provisions of this chapter and CER
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
Page 413
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1499
Stat. 2680; Pub. L. 105–304, title V, § 503(d), Oct.
28, 1998, 112 Stat. 2917.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on section 68 of title 35, U.S.C., 1940 ed., Pat-
ents (June 25, 1910, ch. 423, 36 Stat. 851; July 1, 1918, ch.
114, 40 Stat. 705).
Provisions contained in the second proviso of section
68 of title 35, U.S.C., 1940 ed., relating to right of the
United States to any general or special defense avail-
able to defendants in patent infringement suits were
omitted as unnecessary. In the absence of statutory re-
striction, any defense available to a private party is
equally available to the United States.
Changes in phraseology were made.
1949 ACT
This amendment clarifies section 1498 of title 28,
U.S.C., by restating its first paragraph to conform
more closely with the original law.
Editorial Notes
REFERENCES IN TEXT
Hereafter, referred to in subsec. (b), probably means
the date of enactment of Pub. L. 86–726, which was ap-
proved on Sept. 8, 1960.
The copyright laws of the United States, referred to
in subsec. (b), are classified generally to Title 17, Copy-
rights.
Hereafter, referred to in subsec. (d), probably means
after the date of enactment of Pub. L. 91–577, which was
approved on Dec. 24, 1970.
AMENDMENTS
1998—Subsec. (e). Pub. L. 105–304 inserted ‘‘, and to
exclusive rights in designs under chapter 13 of title 17,’’
after ‘‘title 17’’.
1997—Subsec. (b). Pub. L. 105–147, § 3, substituted ‘‘ac-
tion which may be brought for such infringement shall
be an action by the copyright owner’’ for ‘‘remedy of
the owner of such copyright shall be by action’’.
1996—Subsec. (a). Pub. L. 104–308 inserted at end of
first par. ‘‘Reasonable and entire compensation shall
in
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1499
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