Referral of cases by Comptroller General

  1. Law
  2. USC 28
  3. Judiciary And Judicial Procedure
  4. PARTICULAR PROCEEDINGS
  5. UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE
  6. Referral of cases by Comptroller General

Checkout our iOS App for a better way to browser and research.

§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 sections 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.

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 department or agency" in section catchline.

Subsec. (a). Pub. L. 97–164 substituted "transmit to the United States Claims Court for trial and adjudication 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 substituted "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 appeals 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 concluded was not entitled to finality pursuant to the review standards specified in section 10(b) of the Contracts Disputes Act of 1978, with the head of each executive 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 referred as in other cases pending in such court, determine 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 executive department or agency" in section catchline, designated 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.

1953-Act July 28, 1953, struck out provisions relating to procedure in connection with departmental reference 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 requirement that such cases be transmitted through the Secretary of the Treasury.

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.


Download our app to see the most-to-date content.