§ 2510. Referral of cases by Comptroller General

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 2510

   June 25, 1948, ch. 646, 62 Stat. 977

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 977

2. 1978

   Contract Disputes Act of 1978

   Pub. L. 95–563 § 14(h)(1) · 92 Stat. 2383

   1. Inserted · 28 U.S.C. § 2510

      Pub. L. 95–563, inserted “or the head of an executive department or agency” in section catchline

   2. Amended · 28 U.S.C. § 2510

      Pub. L. 95–563, designated existing provisions as subsec. (a)

   3. Added · 28 U.S.C. § 2510

      Pub. L. 95–563, added subsec. (b)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (1) Cases, referral. Section 2510 of title 28, United States Code, is amended by— (A) inserting “(a)” immediately before such section; and (B) adding the following new subsection at the end thereof: “(b) (1) The head of any executive department or agency may, 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 has concluded is not entitled to finality pursuant to the review standards specified in section 10(b) of the Contracts Disputes Act of 1978. The head of each executive department or agency shall make any referral under this section within one hundred and twenty days of the receipt of a copy of the final appeal decision. “(2) The Court of Claims shall review the matter referred in accordance with the standards specified in section 10(b) of the Contracts Disputes Act of 1978. The Court shall 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, shall determine the issue of finality of the appeal decision, and shall, as appropriate, render judgment thereon, take additional evidence, or remand the matter pursuant to the authority specified in 28 USC 1491. section 1491 of this title.”.

3. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 title I § 139(i)(1) · 96 Stat. 25

   Substituted · 28 U.S.C. § 2510

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 2510 of title 28, United States Code, is amended to read as follows: “§ 2510. Referral of cases by Comptroller General “(a) The Comptroller General may transmit to the United States Claims Court for trial and adjudication any claim or matter of which the Claims Court might take jurisdiction on the voluntary action of the claimant, together with all vouchers, papers, documents, and proofs pertaining thereto. “(b) The Claims Court shall proceed with the claims or matters so referred as in other cases pending in such Court and shall render judgment thereon.”.

4. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 title I § 139(i)(1) · 96 Stat. 25

   Redesignated · 28 U.S.C. § 2510(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)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (1) Section 2510 of title 28, United States Code, is amended to read as follows: “§ 2510. Referral of cases by Comptroller General “(a) The Comptroller General may transmit to the United States Claims Court for trial and adjudication any claim or matter of which the Claims Court might take jurisdiction on the voluntary action of the claimant, together with all vouchers, papers, documents, and proofs pertaining thereto. “(b) The Claims Court shall proceed with the claims or matters so referred as in other cases pending in such Court and shall render judgment thereon.”.

5. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 title I § 139(i)(1) · 96 Stat. 25

   1. Amended · 28 U.S.C. § 2510(b)

      Pub. L. 97–164 designated as subsec. (b) the former second sentence of subsec. (a)

   2. Substituted · 28 U.S.C. § 2510(b)

      Pub. L. 97–164 substituted “The Claims Court” for “The Court of Claims” . 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

   3. Substituted · 28 U.S.C. § 2510(b)

      Pub. L. 97–164 substituted “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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 2510 of title 28, United States Code, is amended to read as follows: “§ 2510. Referral of cases by Comptroller General “(a) The Comptroller General may transmit to the United States Claims Court for trial and adjudication any claim or matter of which the Claims Court might take jurisdiction on the voluntary action of the claimant, together with all vouchers, papers, documents, and proofs pertaining thereto. “(b) The Claims Court shall proceed with the claims or matters so referred as in other cases pending in such Court and shall render judgment thereon.”.

6. 1992

   Court of Federal Claims Technical and Procedural Improvements Act of 1992

   Pub. L. 102–572 title IX § 902(a) · 106 Stat. 4506

   1. Substituted · 28 U.S.C. § 2510

      Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” wherever appearing

   2. Substituted · 28 U.S.C. § 2510

      Pub. L. 102–572 substituted “Court of Federal Claims” for “Claims Court” wherever appearing

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) In General.— Chapters 7, 51, 91, and 165 of title 28, United States Code, are amended— (1) by striking “United States Claims Court” each place it appears and inserting “United States Court of Federal Claims”; and (2) by striking “Claims Court” each place it appears and inserting “Court of Federal Claims”.

   Effective date note
   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.

10 of 11 references resolved to an enrolled provision · 1 partial