§ 114. — Court of Federal Claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC114]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 2--TERMINATION OF WAR CONTRACTS
Sec. 114. Court of Federal Claims
(a) Appointment of auditors
For the purpose of expediting the adjudication of termination
claims, the United States Court of Federal Claims is authorized to
appoint not more than ten auditors.
(b) Procedure
The United States Court of Federal Claims, on motion of either of
the parties, or on its own motion, may summon any and all persons with
legal capacity to be sued to appear as a party or parties in any suit or
proceeding of any nature whatsoever pending in said court to assert and
defend their interests, if any, in such suits or proceedings, within
such period of time prior to judgment as the United States Court of
Federal Claims shall prescribe. If the name and address of any such
person is known or can be ascertained by reasonable diligence, and if he
resides within the jurisdiction of the United States, he shall be
summoned to appear by personal service; but if any such person resides
outside of the jurisdiction of the United States, or is unknown, or if
for any other good and sufficient reason appearing to the court personal
service cannot be had, he may be summoned by publication, under such
rules as the court may adopt, together with a copy of the summons mailed
by registered mail to such person's last known address. The United
States Court of Federal Claims may, upon motion of the Attorney General,
in any suit or proceeding where there may be any number of persons
having possible interests therein, notify such persons to appear to
assert and defend such interests. Upon failure so to appear, any and all
claims or interests in claims of any such person against the United
States, in respect of the subject matter of such suit or proceeding,
shall forever be barred and the court shall have jurisdiction to enter
judgment pro confesso upon any claim or contingent claim asserted on
behalf of the United States against any person who, having been duly
served with summons, fails to respond thereto, to the same extent and
with like effect as if such person had appeared and had admitted the
truth of all allegations made on behalf of the United States. Upon
appearance by any person pursuant to any such summons or notice, the
case as to such person shall, for all purposes, be treated as if an
independent proceeding has been instituted by such person pursuant to
sections 1491, 1496, 1501, 1503, and 2501 of title 28, and as if such
independent proceeding had then been consolidated, for purposes of trial
and determination, with the case in respect of which the summons or
notice was issued, except that the United States shall not be heard upon
any counterclaims, claims for damages or other demands whatsoever
against such person, other than claims and contingent claims for the
recovery of money hereafter paid by the United States in respect of the
transaction or matter which constitutes the subject matter of such case,
unless and until such person shall assert therein a claim, or an
interest in a claim, against the United States, and the United States
Court of Federal Claims shall have jurisdiction to adjudicate, as
between any and all adverse claimants, their respective several
interests in any matter in suit and to award several judgments in
accordance therewith.
(c) Jurisdiction
The jurisdiction of the United States Court of Federal Claims shall
not be affected by this chapter except to the extent necessary to give
effect to this chapter, and no person shall recover judgment on any
claim, or on any interest in any claim, in said court which such person
would not have had a right to assert in said court if this section had
not been enacted.
(July 1, 1944, ch. 358, Sec. 14, 58 Stat. 663; July 28, 1953, ch. 253,
Sec. 5, 67 Stat. 226; Pub. L. 97-164, title I, Sec. 160(a)(14), Apr. 2,
1982, 96 Stat. 48; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,
1992, 106 Stat. 4516.)
Codification
In subsec. (b), ``sections 1491, 1496, 1501, 1503, and 2501 of title
28'' substituted for ``section 250 of title 28'' on authority of act
June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted
Title 28, Judiciary and Judicial Procedure.
Amendments
1992--Pub. L. 102-572 substituted ``United States Court of Federal
Claims'' for ``United States Claims Court'' wherever appearing.
1982--Pub. L. 97-164 substituted ``United States Claims Court'' for
``Court of Claims'' wherever appearing.
1953--Subsec. (a). Act July 28, 1953, struck out provisions relating
to the appointment of a maximum of twenty commissioners for the purpose
of expediting the adjudication of termination 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 Title 28,
Judiciary and Judicial Procedure.
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 Title 28,
Judiciary and Judicial Procedure.
Commissioners; Termination of Appointing Authority
Section 4(b) of act July 28, 1953, provided that the authority
contained in subsec. (a) of this section respecting the appointment of
commissioners ``is hereby terminated''.
Section Unaffected by Revised Title 28
Act June 25, 1948, ch. 646, Sec. 2(d), 62 Stat. 985, provided that
nothing in Title 28, Judiciary and Judicial Procedure, should be
construed as repealing any of the provisions of this section.
