Notes on 28 U.S.C. § 2510 : US Code - Notes

Search Notes on 28 U.S.C. § 2510 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 977; July 28, 1953, ch. 253, Sec.
11, 67 Stat. 227; Sept. 3, 1954, ch. 1263, Sec. 47(b), 68 Stat.
1243; Pub. L. 95-563, Sec. 14(h)(1), (2)(A), Nov. 1, 1978, 92 Stat.
2390; Pub. L. 97-164, title I, Sec. 139(i)(1), Apr. 2, 1982, 96
Stat. 43; Pub. L. 102-572, title IX, Sec. 902(a), Oct. 29, 1992,
106 Stat. 4516.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Secs. 254 and 255 (Mar. 3,
1911, ch. 231, Secs. 148, 149, 36 Stat. 1137, 1138; June 10, 1921,
ch. 18, Sec. 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, set out as an Effective Date note under
section 601 of Title 41, Public Contracts.