28 U.S.C. § 2510 — Referral of cases by Comptroller General

Page 621 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2510 Jurisdiction provisions of section 257 of title 28, U.S.C., 1940 ed., appear in section 1492 of this title. A provision as to the court’s power to render judg- ment on a referred claim and its duty to report thereon to Congress, was omitted from this section as covered by sections 791(c) and 1492 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–572, § 902(a)(1), sub- stituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. Subsecs. (b), (f), (g). Pub. L. 102–572, § 902(a)(2), sub- stituted ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’. 1982—Subsec. (a). Pub. L. 97–164, § 139(h)(1), sub- stituted ‘‘chief judge’’ for ‘‘chief commissioner’’ wher- ever appearing, ‘‘United States Claims Court’’ for ‘‘Court of Claims’’, ‘‘judge as hearing officer’’ for ‘‘trial commissioner’’, ‘‘judges’’ for ‘‘commissioners’’, and ‘‘presiding officer’’ for ‘‘presiding commissioner’’. Subsec. (b). Pub. L. 97–164, § 139(h)(2)(A)–(C), sub- stituted ‘‘chief judge’’ for ‘‘chief commissioner’’, ‘‘Claims Court’’ for ‘‘Court of Claims’’, and ‘‘hearing of- ficer’’ for ‘‘trial commissioner’’. Subsec. (c). Pub. L. 97–164, § 139(h)(2)(A), (B), sub- stituted ‘‘hearing officer’’ for ‘‘trial commissioner’’ and ‘‘chief judge’’ for ‘‘chief commissioner’’. Subsec. (d). Pub. L. 97–164, § 139(h)(2)(A), (D), sub- stituted ‘‘hearing officer’’ for ‘‘trial commissioner’’ wherever appearing and struck out ‘‘of commissioners’’ after ‘‘review panel’’. Subsec. (e). Pub. L. 97–164, § 139(h)(2)(B), substituted ‘‘chief judge’’ for ‘‘chief commissioner’’. Subsec. (f). Pub. L. 97–164, § 139(h)(2)(A), (C), sub- stituted ‘‘Claims Court’’ for ‘‘Court of Claims’’, and ‘‘hearing officer’’ for ‘‘trial commissioner’’ wherever appearing. Subsec. (g). Pub. L. 97–164, § 139(h)(2)(C), (E), sub- stituted ‘‘Claims Court’’ for ‘‘Court of Claims’’ and ‘‘judges serving as hearing officers’’ for ‘‘commis- sioners serving as trial commissioners’’. 1966—Pub. L. 89–681 substituted provisions for ref- erence of bills to the chief commissioner of the Court of Claims pursuant to section 1492 of this title for pro- visions calling simply for reference to the Court of Claims, substituted provisions naming the trial com- missioner to whom a reference case is assigned by the chief commissioner for provisions simply naming the Court of Claims as the agency by which findings and conclusions are made, and inserted provisions for the designation of a trial commissioner and reviewing body consisting of three other commissioners, the promulga- tion of rules and regulations for Congressional ref- erence cases by the chief commissioner, the procedure to be followed, and the supplying of facilities and per- sonnel for the dispatch of Congressional reference cases. Statutory Notes and Related Subsidiaries 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 Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 2510. Referral of cases by Comptroller General (a) The Comptroller General may transmit to the United States Court of Federal Claims for trial and adjudication any claim or matter of which the Court of Federal Claims might take jurisdiction on the voluntary action of the claimant, together with all vouchers, papers, documents, and proofs pertaining thereto. (b) The Court of Federal Claims shall proceed with the claims or matters so referred as in other cases pending in such Court and shall render judgment thereon. (June 25, 1948, ch. 646, 62 Stat. 977; July 28, 1953, ch. 253, § 11, 67 Stat. 227; Sept. 3, 1954, ch. 1263, § 47(b), 68 Stat. 1243; Pub. L. 95–563, § 14(h)(1), (2)(A), Nov. 1, 1978, 92 Stat. 2390; Pub. L. 97–164, title I, § 139(i)(1), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102–572, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 254 and 255 (Mar. 3, 1911, ch. 231, §§ 148, 149, 36 Stat. 1137, 1138; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Section consolidates procedural provisions of sec- tions 254 and 255 of title 28, U.S.C., 1940 ed., relating to departmental reference cases. Jurisdiction provisions of such section 254 appear in section 1493 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’ and ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’ wherever appearing. 1982—Pub. L. 97–164 substituted ‘‘Referral of cases by Comptroller General’’ for ‘‘Referral of cases by the Comptroller General or the head of an executive de- partment or agency’’ in section catchline. Subsec. (a). Pub. L. 97–164 substituted ‘‘transmit to the United States Claims Court for trial and adjudica- tion any claim or matter of which the Claims Court might take jurisdiction’’ for ‘‘transmit to the Court of Claims for trial and adjudication any claim or matter of which the Court of Claims might take jurisdiction’’ in first sentence of subsec. (a). The second sentence of subsec. (a) was redesignated (b). Subsec. (b). Pub. L. 97–164 designated as subsec. (b) the former second sentence of subsec. (a) and sub- stituted ‘‘The Claims Court’’ for ‘‘The Court of Claims’’ and ‘‘Court’’ for ‘‘court’’. Former subsec. (b), which provided that the head of any executive department or agency could, with the prior approval of the Attorney General, refer to the Court of Claims for judicial review any final decision rendered by a board of contract ap- peals pursuant to the terms of any contract with the United States awarded by that department or agency which such head of such department or agency had con- cluded was not entitled to finality pursuant to the re- view standards specified in section 10(b) of the Con- tracts Disputes Act of 1978, with the head of each exec- utive department or agency to make any referral under this section within 120 days of the receipt of a copy of the final appeal decision, that the Court of Claims was to review the matter referred in accordance with the standards specified in section 10(b) of the Contracts Disputes Act of 1978, and that the court was to proceed with judicial review on the administrative record made before the board of contract appeals on matters so re- ferred as in other cases pending in such court, deter- mine the issue of finality of the appeal decision, and render judgment thereon, take additional evidence, or remand the matter pursuant to the authority specified in section 1491 of this title was struck out. 1978—Pub. L. 95–563, inserted ‘‘or the head of an exec- utive department or agency’’ in section catchline, des- ignated existing provisions as subsec. (a), and added subsec. (b). 1954—Act Sept. 3, 1954, substituted ‘‘Referral of cases by Comptroller General’’ for ‘‘Departmental reference cases’’ in section catchline. Page 622 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2511 1953—Act July 28, 1953, struck out provisions relating to procedure in connection with departmental ref- erence cases provided for by former section 1493 of this title; and, in connection with trial and adjudication of cases referred by the Comptroller General, inserted provision for rendering judgment, and struck out re- quirement that such cases be transmitted through the Secretary of the Treasury. Statutory Notes and Related Subsidiaries 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 Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–563 effective with respect to contracts entered into 120 days after Nov. 1, 1978, and, at the election of the contractor, with respect to any claim pending at such time before the contracting officer or initiated thereafter, see section 16 of Pub. L. 95–563, Nov. 1, 1978, 92 Stat. 2391, formerly set out as an Effective Date note under section 601 of former Title 41, Public Contracts. § 2511. Accounts of officers, agents or contractors Notice of suit under section 1494 of this title shall be given to the Attorney General, to the Comptroller General, and to the head of the de- partment requested to settle the account in question. The judgment of the United States Court of Federal Claims in such suit shall be conclusive upon the parties, and payment of the amount found due shall discharge the obligation. The transcript of such judgment, filed in the clerk’s office of any district court, shall be en- tered upon the records, and shall be enforceable as other judgments. (June 25, 1948, ch. 646, 62 Stat. 977; July 28, 1953, ch. 253, § 12, 67 Stat. 227; Pub. L. 97–164, title I, § 139(j), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 287 (Mar. 3, 1911, ch. 231, § 180, 36 Stat. 1141; Feb. 13, 1925, ch. 229, § 3, 43 Stat. 939). Words ‘‘The Attorney General shall represent the United States at the hearing of said cause’’ were omit- ted as covered by sections 309 and 310 of title 5, U.S.C., 1940 ed., Executive Departments and Government Offi- cers and Employees. Jurisdiction provisions of section 287 of title 28, U.S.C., 1940 ed., appear in section 1494 of this title. A provision for continuances was omitted as unneces- sary, in view of the inherent power of the court to grant continuances in any suit. A provision in section 287 of title 28, U.S.C., 1940 ed., that section 274 of title 28, U.S.C., 1940 ed., should apply to cases under such section 287 was omitted as covered by section 2504 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘The judgment of the United States Claims Court in such suit shall be con- clusive’’ for ‘‘The judgment of the Court of Claims in such suit, or of the Supreme Court upon review, shall be conclusive’’. 1953—Act July 28, 1953, inserted ‘‘to the Comptroller General,’’ in first par., struck out third par. which pro- vided for accrual to the United States of a right of ac- tion upon the judgment, with a limitation period ex- tending to three years after judgment, and inserted provisions for filing and recording the transcript of such judgment in the clerk’s office of any district court and for enforcement thereof. Statutory Notes and Related Subsidiaries 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 Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 2512. Disbursing officers; relief Whenever the United States Court of Federal Claims finds that any loss by a disbursing offi- cer of the United States was without his fault or negligence, it shall render a judgment setting forth the amount thereof, and the Government Accountability Office shall allow the officer such amount as a credit in the settlement of his accounts. (June 25, 1948, ch. 646, 62 Stat. 978; Pub. L. 97–164, title I, § 139(j)(2), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 253 (Mar. 3, 1911, ch. 231, § 147, 36 Stat. 1137; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Words ‘‘paymaster, quartermaster, commissary of subsistence, or other’’ were omitted as covered by words ‘‘disbursing officer of the United States’’. (See reviser’s note under section 1496 of this title.) Changes were made in phraseology. Editorial Notes AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’. 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. Statutory Notes and Related Subsidiaries 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 Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 2513. Unjust conviction and imprisonment (a) Any person suing under section 1495 of this title must allege and prove that: