§ 2510. — Referral of cases by Comptroller General.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2510]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 165--UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE
Sec. 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, 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.
