§ 520. — Transmission of petitions in United States Court of Federal Claims or in United States Court of Appeals for the Federal Circuit; statement furnished by departments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC520]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 31--THE ATTORNEY GENERAL
Sec. 520. Transmission of petitions in United States Court of
Federal Claims or in United States Court of Appeals for the
Federal Circuit; statement furnished by departments
(a) In suits against the United States in the United States Court of
Federal Claims or in the United States Court of Appeals for the Federal
Circuit founded on a contract, agreement, or transaction with an
executive department or military department, or a bureau, officer, or
agent thereof, or when the matter or thing on which the claim is based
has been passed on and decided by an executive department, military
department, bureau, or officer authorized to adjust it, the Attorney
General shall send to the department, bureau, or officer a printed copy
of the petition filed by the claimant, with a request that the
department, bureau, or officer furnish to the Attorney General all
facts, circumstances, and evidence concerning the claim in the
possession or knowledge of the department, bureau, or officer.
(b) Within a reasonable time after receipt of the request from the
Attorney General, the executive department, military department, bureau,
or officer shall furnish the Attorney General with a written statement
of all facts, information, and proofs. The statement shall contain a
reference to or description of all official documents and papers, if
any, as may furnish proof of facts referred to in it, or may be
necessary and proper for the defense of the United States against the
claim, mentioning the department, office, or place where the same is
kept or may be secured. If the claim has been passed on and decided by
the department, bureau, or officer, the statement shall briefly state
the reasons and principles on which the decision was based. When the
decision was founded on an Act of Congress it shall be cited
specifically, and if any previous interpretation or construction has
been given to the Act, section, or clause by the department, bureau, or
officer, it shall be set forth briefly in the statement and a copy of
the opinion filed, if any, attached to it. When a decision in the case
has been based on a regulation of a department or when a regulation has,
in the opinion of the department, bureau, or officer sending the
statement, any bearing on the claim, it shall be distinctly quoted at
length in the statement. When more than one case or class of cases is
pending, the defense of which rests on the same facts, circumstances,
and proofs, the department, bureau, or officer may certify and send one
statement and it shall be held to apply to all cases as if made out,
certified, and sent in each case respectively.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 614; amended
Pub. L. 97-164, title I, Sec. 118(a), Apr. 2, 1982, 96 Stat. 32; Pub. L.
102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 91. R.S. Sec. 188.
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The section is reorganized and restated for clarity.
In subsection (a), the word ``concerning'' is substituted for
``touching''.
In subsection (b), the words ``without delay'' are omitted as
unnecessary in view of the requirement that the statement be furnished
``Within a reasonable time''. The word ``briefly'' is substituted for
``succinctly''. The words ``in suit'' are omitted as unnecessary.
The words ``executive department'' are substituted for
``department'' because ``department'' as used in R.S. Sec. 188 meant
``executive department''. (See R.S. Sec. 159.) The words ``military
department'' are inserted to preserve the application of the source law.
Before enactment of the National Security Act Amendments of 1949 (63
Stat. 578), the Department of the Army, the Department of the Navy, and
the Department of the Air Force were Executive departments. The National
Security Act Amendments of 1949 established the Department of Defense as
an Executive Department including the Department of the Army, the
Department of the Navy, and the Department of the Air Force as military
departments, not as Executive departments. However, the source law for
this section, which was in effect in 1949, remained applicable to the
Secretaries of the military departments by virtue of section 12(g) of
the National Security Act Amendments of 1949 (63 Stat. 591), which is
set out in the reviser's note for section 301 of title 5, United States
Code.
Amendments
1992--Pub. L. 102-572 substituted ``United States Court of Federal
Claims'' for ``United States Claims Court'' in section catchline and
subsec. (a).
1982--Pub. L. 97-164, Sec. 118(a)(2), substituted ``United States
Claims Court or in United States Court of Appeals for the Federal
Circuit'' for ``Court of Claims'' in section catchline.
Subsec. (a). Pub. L. 97-164, Sec. 118(a)(1), substituted ``United
States Claims Court or in the United States Court of Appeals for the
Federal Circuit'' for ``Court of Claims''.
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.
