-CITE-

28 USC CHAPTER 165 - UNITED STATES COURT OF FEDERAL

CLAIMS PROCEDURE 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-MISC1-

Sec.

2501. Time for filing suit.

2502. Aliens' privilege to sue.

2503. Proceedings generally.

2504. Plaintiff's testimony.

2505. Trial before judges.

2506. Interest of witness.

2507. Calls and discovery.

2508. Counterclaim or set-off.(!1)

2509. Congressional reference cases.

2510. Referral of cases by Comptroller General.

2511. Accounts of officers, agents or contractors.

2512. Disbursing officers; relief.

2513. Unjust conviction and imprisonment.

2514. Forfeiture of fraudulent claims.

2515. New trial, stay of judgment.(!1)

2516. Interest on claims and judgments.

2517. Payment of judgments.

[2518. Repealed.]

2519. Conclusiveness of judgment.

[2520. Repealed.]

2521. Subpoenas and incidental powers.

2522. Notice of appeal.

AMENDMENTS

2000 - Pub. L. 106-518, title II, Sec. 207, Nov. 13, 2000, 114

Stat. 2414, struck out item 2520 "Fees".

1992 - Pub. L. 102-572, title IX, Secs. 902(a)(1), 910(b), Oct.

29, 1992, 106 Stat. 4516, 4520, substituted "UNITED STATES COURT OF

FEDERAL CLAIMS" for "UNITED STATES CLAIMS COURT" in chapter heading

and inserted "and incidental powers" in item 2521.

1982 - Pub. L. 97-164, title I, Sec. 139(b)(2), (i)(2), (l),

(n)(4), (o)(2), (q)(2), Apr. 2, 1982, 96 Stat. 42-44, substituted

"UNITED STATES CLAIMS COURT" for "COURT OF CLAIMS" in chapter

heading, substituted "Proceedings generally" for "Proceedings

before commissioners generally" in item 2503, 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 item 2510, struck out item 2518 "Certification of

judgments for appropriation", substituted "Fees" for "Fees; cost of

printing record" in item 2520, and added item 2522.

1978 - Pub. L. 95-563, Sec. 14(h)(2)(B), Nov. 1, 1978, 92 Stat.

2390, inserted "or the head of an executive department or agency"

after "Comptroller General" in item 2510.

1954 - Act Sept. 3, 1954, ch. 1263, Secs. 46, 54(c), 55(d),

59(b), 68 Stat. 1243, 1247, 1248, substituted "Trial before judges"

for "Place of taking evidence" in item 2505, and "Calls and

discovery," for "Calls on departments for information" in item

2507, rephrased item 2510, and added item 2521.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

28 USC Sec. 2501 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2501. Time for filing suit

-STATUTE-

Every claim of which the United States Court of Federal Claims

has jurisdiction shall be barred unless the petition thereon is

filed within six years after such claim first accrues.

Every claim under section 1497 of this title shall be barred

unless the petition thereon is filed within two years after the

termination of the river and harbor improvements operations on

which the claim is based.

A petition on the claim of a person under legal disability or

beyond the seas at the time the claim accrues may be filed within

three years after the disability ceases.

A suit for the fees of an officer of the United States shall not

be filed until his account for such fees has been finally acted

upon, unless the General Accounting Office fails to act within six

months after receiving the account.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263,

Sec. 52, 68 Stat. 1246; Pub. L. 97-164, title I, Sec. 139(a), Apr.

2, 1982, 96 Stat. 42; Pub. L. 102-572, title IX, Sec. 902(a)(1),

Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 250(2), 250a, and 262

(Mar. 3, 1911, ch. 231, Secs. 145, 156, 36 Stat. 1136, 1139; June

10, 1921, ch. 18, Sec. 304, 42 Stat. 24; Aug. 30, 1935, ch. 831,

Sec. 13, 49 Stat. 1049; July 13, 1943, ch. 231, 57 Stat. 553).

Section consolidates limitation provisions of sections 250(2),

250a, and 262 of title 28, U.S.C., 1940 ed.

Words "a person under legal disability or beyond the seas at the

time the claim accrues" were substituted for "married women first

accrued during marriage, of persons under the age of twenty-one

years first accrued during minority, and of idiots, lunatics,

insane persons, and persons beyond the seas at the time the claim

accrued; entitled to the claim,". The revised language will cover

all legal disabilities actually barring suit. For example, the

particular reference to married women is archaic, and is eliminated

by use of the general language substituted.

Words "nor shall any of the said disabilities operate

cumulatively" were omitted, in view of the elimination of the

reference to specific disabilities. Also, persons under legal

disability could not sue, and their suits should not be barred

until they become able to sue. Similar sections of the U.S. Code do

not contain any such provision. (For example, see section 502 of

title 28, U.S.C., 1940 ed., incorporated in section 544 of this

title.)

The section was extended to include claims referred by the head

of an executive department in conformity with section 2510 of this

title.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

1954 - Act Sept. 3, 1954, struck out ", or the claim is referred

by the Senate or House of Representatives, or by the head of an

executive department" in first par.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 41 section 114.

-End-

-CITE-

28 USC Sec. 2502 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2502. Aliens' privilege to sue

-STATUTE-

(a) Citizens or subjects of any foreign government which accords

to citizens of the United States the right to prosecute claims

against their government in its courts may sue the United States in

the United States Court of Federal Claims if the subject matter of

the suit is otherwise within such court's jurisdiction.

(b) See section 7422(f) of the Internal Revenue Code of 1986 for

exception with respect to suits involving internal revenue taxes.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 976; Pub. L. 89-713, Sec. 3(b),

Nov. 2, 1966, 80 Stat. 1108; Pub. L. 97-164, title I, Sec. 139(a),

Apr. 2, 1982, 96 Stat. 42; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,

100 Stat. 2095; Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct. 29,

1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 261 (Mar. 3, 1911, ch.

231, Sec. 155, 36 Stat. 1139).

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Section 7422(f) of the Internal Revenue Code of 1986, referred to

in subsec. (b), is classified to section 7422(f) of Title 26,

Internal Revenue Code.

-MISC2-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1986 - Subsec. (b). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

1982 - Subsec. (a). Pub. L. 97-164 substituted "United States

Claims Court" for "Court of Claims".

1966 - Pub. L. 89-713 designated existing provisions as subsec.

(a) and added subsec. (b).

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 1966 AMENDMENT

Amendment by Pub. L. 89-713 applicable to suits brought against

officers, employees, or personal representatives instituted 90 days

or more after Nov. 2, 1966, see section 3(d) of Pub. L. 89-713, set

out as a note under section 7422 of Title 26, Internal Revenue

Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 7422.

-End-

-CITE-

28 USC Sec. 2503 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2503. Proceedings generally

-STATUTE-

(a) Parties to any suit in the United States Court of Federal

Claims may appear before a judge of that court in person or by

attorney, produce evidence, and examine witnesses.

(b) The proceedings of the Court of Federal Claims shall be in

accordance with such rules of practice and procedure (other than

the rules of evidence) as the Court of Federal Claims may prescribe

and in accordance with the Federal Rules of Evidence.

(c) The judges of the Court of Federal Claims shall fix times for

trials, administer oaths or affirmations, examine witnesses,

receive evidence, and enter dispositive judgments. Hearings shall,

if convenient, be held in the counties where the witnesses reside.

(d) For the purpose of construing sections 1821, 1915, 1920, and

1927 of this title, the United States Court of Federal Claims shall

be deemed to be a court of the United States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263,

Sec. 53, 68 Stat. 1246; Pub. L. 97-164, title I, Sec. 139(b)(1),

Apr. 2, 1982, 96 Stat. 42; Pub. L. 102-572, title IX, Secs. 902(a),

909, Oct. 29, 1992, 106 Stat. 4516, 4519.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 269, 276, and 278

(Mar. 3, 1911, ch. 231, Secs. 168, 170, 36 Stat. 1140; Feb. 24,

1925, ch. 301, Sec. 1, 43 Stat. 964; June 23, 1930, ch. 573, Sec.

2, 46 Stat. 799).

Section consolidates provisions relating to proceedings before

commissioners and reporter-commissioners contained in sections 269,

276, and 278 of title 28, U.S.C., 1940 ed.

Provisions of section 269 of title 28, U.S.C., 1940 ed., relating

to appointment and compensation of commissioners are incorporated

in section 792 of this title.

Words "including reporter-commissioners" after "commissioners"

were inserted to clarify meaning and conform to Rule 54(a) of the

Court of Claims authorizing oaths before reporter-commissioners.

Changes were made in phraseology.

SENATE REVISION AMENDMENT

The Senate amended this section by inserting "and when directed

by the court his recommendations for conclusions of law" following

"commissioner" in the second paragraph. This amendment authorizes

the Court to direct its commissioners to report recommendations for

conclusions of law as well as findings of fact in cases assigned to

them. 80th Congress Senate Report No. 1559, Amendment No. 50.

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (b), are

set out in the Appendix to this title.

-MISC2-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-572, Sec. 902(a)(1), substituted

"United States Court of Federal Claims" for "United States Claims

Court".

Subsecs. (b), (c). Pub. L. 102-572, Sec. 902(a)(2), substituted

"Court of Federal Claims" for "Claims Court" wherever appearing.

Subsec. (d). Pub. L. 102-572, Sec. 909, added subsec. (d).

1982 - Pub. L. 97-164 substituted "Proceedings generally" for

"Proceedings before commissioners generally" in section catchline.

Subsec. (a). Pub. L. 97-164 substituted "Parties to any suit in

the United States Claims Court may appear before a judge of that

court in person or by attorney, produce evidence, and examine

witnesses" for "Parties to any suit in the Court of Claims may

appear before a commissioner in person or by attorney, produce

evidence and examine witnesses" and redesignated as subsec. (c)

provisions that, in accordance with rules and orders of the court,

commissioners would fix times for trials, administer oaths or

affirmations to and examine witnesses, receive evidence and report

findings of fact, that when directed by the court, commissioners

would report their recommendations for conclusions of law in cases

assigned to them, and that hearings would, if convenient, be held

in the counties where the witnesses resided.

Subsec. (b). Pub. L. 97-164 substituted "The proceedings of the

Claims Court shall be in accordance with such rules of practice and

procedure (other than the rules of evidence) as the Claims Court

may prescribe and in accordance with the Federal Rules of Evidence"

for "The rules of the court shall provide for the filing in court

of the commissioner's report of facts and recommendations for

conclusions of law, and for opportunity for the parties to file

exceptions thereto, and a hearing thereon before the court within a

reasonable time" and struck out provision that this section did not

prevent the court from passing upon all questions and findings

regardless of whether exceptions were taken before a commissioner.

Subsec. (c). Pub. L. 97-164 redesignated provisions in second and

third sentences of former subsec. (a) as (c) and substituted "The

judges of the Claims Court" for "In accordance with rules and

orders of the court, commissioners" and "enter dispositive

judgments" for "report findings of fact and, when directed by the

court, their recommendations for conclusions of law in cases

assigned to them".

1954 - Act Sept. 3, 1954, designated former first par. subsec.

(a), and former second par. subsec. (b), and incorporated in one

place provisions relating to function of Commissioners.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 798 of this title.

-End-

-CITE-

28 USC Sec. 2504 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2504. Plaintiff's testimony

-STATUTE-

The United States Court of Federal Claims may, at the instance of

the Attorney General, order any plaintiff to appear, upon

reasonable notice, before any judge of the court and be examined on

oath as to all matters pertaining to his claim. Such examination

shall be reduced to writing by the judge, and shall be returned to

and filed in the court, and may, at the discretion of the attorneys

for the United States, be read and used as evidence on the trial.

If any plaintiff, after such order is made and due and reasonable

notice thereof is given to him, fails to appear, or refuses to

testify or answer fully as to all material matters within his

knowledge, the court may order that the case shall not be tried

until he fully complies with such order.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 976; Pub. L. 97-164, title I,

Sec. 139(c), Apr. 2, 1982, 96 Stat. 42; Pub. L. 102-572, title IX,

Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 274 (Mar. 3, 1911, ch.

231, Sec. 166, 36 Stat. 1140).

Words "Attorney General" were substituted for "attorney or

solicitor appearing in behalf of the United States," in view of

section 309 of title 5, U.S.C., 1940 ed., Executive Departments and

Government Officers and Employees.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims", and "judge" for "commissioner" wherever

appearing.

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.

-End-

-CITE-

28 USC Sec. 2505 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2505. Trial before judges

-STATUTE-

Any judge of the United States Court of Federal Claims may sit at

any place within the United States to take evidence and enter

judgment.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263,

Sec. 54(a), (b), 68 Stat. 1246; Pub. L. 97-164, title I, Sec.

139(d), Apr. 2, 1982, 96 Stat. 42; Pub. L. 102-572, title IX, Sec.

902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 275 and 275a (Mar. 3,

1911, ch. 231, Sec. 167, 36 Stat. 1140; Feb. 24, 1925, ch. 301,

Sec. 2, 43 Stat. 965; June 23, 1930, ch. 573, Sec. 1, 46 Stat. 799;

Oct. 16, 1941, ch. 443, 55 Stat. 741).

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims" and "enter judgment" for "report findings".

1954 - Act Sept. 3, 1954, substituted "Trial before judges" for

"Place of taking evidence" in section catchline and repealed second

par. relating to taking of testimony.

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.

-End-

-CITE-

28 USC Sec. 2506 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2506. Interest of witness

-STATUTE-

A witness in a suit in the United States Court of Federal Claims

shall not be exempt or disqualified because he is a party to or

interested in such suit.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 977; Pub. L. 97-164, title I,

Sec. 139(e), Apr. 2, 1982, 96 Stat. 42; Pub. L. 102-572, title IX,

Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 274 (Mar. 3, 1911, ch.

231, Sec. 186, 36 Stat. 1143; Feb. 5, 1912, ch. 28, 37 Stat. 61).

A provision that a witness should not be disqualified by color

was omitted as obsolete and unnecessary, since no such

disqualification could be invoked in absence of statutory

authority.

A provision that the United States could examine any plaintiff or

party interested is covered by the word "exempt" in the revised

section, and by section 2504 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".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

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.

-End-

-CITE-

28 USC Sec. 2507 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2507. Calls and discovery

-STATUTE-

(a) The United States Court of Federal Claims may call upon any

department or agency of the United States or upon any party for any

information or papers, not privileged, for purposes of discovery or

for use as evidence. The head of any department or agency may

refuse to comply with a call issued pursuant to this subsection

when, in his opinion, compliance will be injurious to the public

interest.

(b) Without limitation on account of anything contained in

subsection (a) of this section, the court may, in accordance with

its rules, provide additional means for the discovery of any

relevant facts, books, papers, documents or tangible things, not

privileged.

(c) The Court of Federal Claims may use all recorded and printed

reports made by the committees of the Senate or House of

Representatives.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 977; Sept. 3, 1954, ch. 1263,

Sec. 55(a)-(c), 68 Stat. 1247; Pub. L. 97-164, title I, Sec.

139(f), Apr. 2, 1982, 96 Stat. 42; Pub. L. 102-572, title IX, Sec.

902(a), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 272 (Mar. 3, 1911, ch.

231, Sec. 164, 36 Stat. 1140).

Words "or agency" were added. (See reviser's note under section

1345 of this title.)

Changes were made in phraseology.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-572, Sec. 902(a)(1), substituted

"United States Court of Federal Claims" for "United States Claims

Court".

Subsec. (c). Pub. L. 102-572, Sec. 902(a)(2), substituted "Court

of Federal Claims" for "Claims Court".

1982 - Subsec. (a). Pub. L. 97-164, Sec. 139(f)(1), substituted

"United States Claims Court" for "Court of Claims".

Subsec. (c). Pub. L. 97-164, Sec. 139(f)(2), substituted "Claims

Court" for "Court of Claims".

1954 - Act Sept. 3, 1954, substituted "Calls and discovery" for

"Calls on departments for information" in section catchline,

designated existing provisions as subsec. (a), and added subsecs.

(b) and (c).

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.

-End-

-CITE-

28 USC Sec. 2508 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2508. Counterclaim or set-off; registration of judgment

-STATUTE-

Upon the trial of any suit in the United States Court of Federal

Claims in which any setoff, counterclaim, claim for damages, or

other demand is set up on the part of the United States against any

plaintiff making claim against the United States in said court, the

court shall hear and determine such claim or demand both for and

against the United States and plaintiff.

If upon the whole case it finds that the plaintiff is indebted to

the United States it shall render judgment to that effect, and such

judgment shall be final and reviewable.

The transcript of such judgment, filed in the clerk's office of

any district court, shall be entered upon the records and shall be

enforceable as other judgments.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 977; July 28, 1953, ch. 253, Sec.

10, 67 Stat. 227; Sept. 3, 1954, ch. 1263, Sec. 47(a), 68 Stat.

1243; Pub. L. 97-164, title I, Sec. 139(g), Apr. 2, 1982, 96 Stat.

42; Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct. 29, 1992, 106

Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 252 (Mar. 3, 1911, ch.

231, Sec. 146, 36 Stat. 1137).

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

1954 - Act Sept. 3, 1954, struck out "United States" from name of

Court of Claims in first par.

1953 - Act July 28, 1953, substituted "United States Court of

Claims" for "Court of Claims" in first par., and substituted "shall

be enforceable as other judgments" for "be a judgment of such

district court and enforceable as such" in third par.

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.

-End-

-CITE-

28 USC Sec. 2509 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2509. Congressional reference cases

-STATUTE-

(a) Whenever a bill, except a bill for a pension, is referred by

either House of Congress to the chief judge of the United States

Court of Federal Claims pursuant to section 1492 of this title, the

chief judge shall designate a judge as hearing officer for the case

and a panel of three judges of the court to serve as a reviewing

body. One member of the review panel shall be designated as

presiding officer of the panel.

(b) Proceedings in a congressional reference case shall be under

rules and regulations prescribed for the purpose by the chief judge

who is hereby authorized and directed to require the application of

the pertinent rules of practice of the Court of Federal Claims

insofar as feasible. Each hearing officer and each review panel

shall have authority to do and perform any acts which may be

necessary or proper for the efficient performance of their duties,

including the power of subpena and the power to administer oaths

and affirmations. None of the rules, rulings, findings, or

conclusions authorized by this section shall be subject to judicial

review.

(c) The hearing officer to whom a congressional reference case is

assigned by the chief judge shall proceed in accordance with the

applicable rules to determine the facts, including facts relating

to delay or laches, facts bearing upon the question whether the bar

of any statute of limitation should be removed, or facts claimed to

excuse the claimant for not having resorted to any established

legal remedy. He shall append to his findings of fact conclusions

sufficient to inform Congress whether the demand is a legal or

equitable claim or a gratuity, and the amount, if any, legally or

equitably due from the United States to the claimant.

(d) The findings and conclusions of the hearing officer shall be

submitted by him, together with the record in the case, to the

review panel for review by it pursuant to such rules as may be

provided for the purpose, which shall include provision for

submitting the report of the hearing officer to the parties for

consideration, exception, and argument before the panel. The panel,

by majority vote, shall adopt or modify the findings or the

conclusions of the hearing officer.

(e) The panel shall submit its report to the chief judge for

transmission to the appropriate House of Congress.

(f) Any act or failure to act or other conduct by a party, a

witness, or an attorney which would call for the imposition of

sanctions under the rules of practice of the Court of Federal

Claims shall be noted by the panel or the hearing officer at the

time of occurrence thereof and upon failure of the delinquent or

offending party, witness, or attorney to make prompt compliance

with the order of the panel or the hearing officer a full statement

of the circumstances shall be incorporated in the report of the

panel.

(g) The Court of Federal Claims is hereby authorized and

directed, under such regulations as it may prescribe, to provide

the facilities and services of the office of the clerk of the court

for the filing, processing, hearing, and dispatch of congressional

reference cases and to include within its annual appropriations the

costs thereof and other costs of administration, including (but

without limitation to the items herein listed) the salaries and

traveling expenses of the judges serving as hearing officers and

panel members, mailing and service of process, necessary physical

facilities, equipment, and supplies, and personnel (including

secretaries and law clerks).

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 977; Pub. L. 89-681, Sec. 2, Oct.

15, 1966, 80 Stat. 958; Pub. L. 97-164, title I, Sec. 139(h), Apr.

2, 1982, 96 Stat. 42; Pub. L. 102-572, title IX, Sec. 902(a), Oct.

29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 257 (Mar. 3, 1911, ch.

231, Sec. 151, 36 Stat. 1138).

Jurisdiction provisions of section 257 of title 28, U.S.C., 1940

ed., appear in section 1492 of this title.

A provision as to the court's power to render judgment on a

referred claim and its duty to report thereon to Congress, was

omitted from this section as covered by sections 791(c) and 1492 of

this title.

Changes were made in phraseology.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-572, Sec. 902(a)(1), substituted

"United States Court of Federal Claims" for "United States Claims

Court".

Subsecs. (b), (f), (g). Pub. L. 102-572, Sec. 902(a)(2),

substituted "Court of Federal Claims" for "Claims Court".

1982 - Subsec. (a). Pub. L. 97-164, Sec. 139(h)(1), substituted

"chief judge" for "chief commissioner" wherever appearing, "United

States Claims Court" for "Court of Claims", "judge as hearing

officer" for "trial commissioner", "judges" for "commissioners",

and "presiding officer" for "presiding commissioner".

Subsec. (b). Pub. L. 97-164, Sec. 139(h)(2)(A)-(C), substituted

"chief judge" for "chief commissioner", "Claims Court" for "Court

of Claims", and "hearing officer" for "trial commissioner".

Subsec. (c). Pub. L. 97-164, Sec. 139(h)(2)(A), (B), substituted

"hearing officer" for "trial commissioner" and "chief judge" for

"chief commissioner".

Subsec. (d). Pub. L. 97-164, Sec. 139(h)(2)(A), (D), substituted

"hearing officer" for "trial commissioner" wherever appearing and

struck out "of commissioners" after "review panel".

Subsec. (e). Pub. L. 97-164, Sec. 139(h)(2)(B), substituted

"chief judge" for "chief commissioner".

Subsec. (f). Pub. L. 97-164, Sec. 139(h)(2)(A), (C), substituted

"Claims Court" for "Court of Claims", and "hearing officer" for

"trial commissioner" wherever appearing.

Subsec. (g). Pub. L. 97-164, Sec. 139(h)(2)(C), (E), substituted

"Claims Court" for "Court of Claims" and "judges serving as hearing

officers" for "commissioners serving as trial commissioners".

1966 - Pub. L. 89-681 substituted provisions for reference of

bills to the chief commissioner of the Court of Claims pursuant to

section 1492 of this title for provisions calling simply for

reference to the Court of Claims, substituted provisions naming the

trial commissioner to whom a reference case is assigned by the

chief commissioner for provisions simply naming the Court of Claims

as the agency by which findings and conclusions are made, and

inserted provisions for the designation of a trial commissioner and

reviewing body consisting of three other commissioners, the

promulgation of rules and regulations for Congressional reference

cases by the chief commissioner, the procedure to be followed, and

the supplying of facilities and personnel for the dispatch of

Congressional reference cases.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1492 of this title.

-End-

-CITE-

28 USC Sec. 2510 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2510. Referral of cases by Comptroller General

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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.

-End-

-CITE-

28 USC Sec. 2511 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2511. Accounts of officers, agents or contractors

-STATUTE-

Notice of suit under section 1494 of this title shall be given to

the Attorney General, to the Comptroller General, and to the head

of the department requested to settle the account in question.

The judgment of the United States Court of Federal Claims in such

suit shall be conclusive upon the parties, and payment of the

amount found due shall discharge the obligation.

The transcript of such judgment, filed in the clerk's office of

any district court, shall be entered upon the records, and shall be

enforceable as other judgments.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 977; July 28, 1953, ch. 253, Sec.

12, 67 Stat. 227; Pub. L. 97-164, title I, Sec. 139(j), Apr. 2,

1982, 96 Stat. 43; Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct.

29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 287 (Mar. 3, 1911, ch.

231, Sec. 180, 36 Stat. 1141; Feb. 13, 1925, ch. 229, Sec. 3, 43

Stat. 939).

Words "The Attorney General shall represent the United States at

the hearing of said cause" were omitted as covered by sections 309

and 310 of title 5, U.S.C., 1940 ed., Executive Departments and

Government Officers and Employees.

Jurisdiction provisions of section 287 of title 28, U.S.C., 1940

ed., appear in section 1494 of this title.

A provision for continuances was omitted as unnecessary, in view

of the inherent power of the court to grant continuances in any

suit.

A provision in section 287 of title 28, U.S.C., 1940 ed., that

section 274 of title 28, U.S.C., 1940 ed., should apply to cases

under such section 287 was omitted as covered by section 2504 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".

1982 - Pub. L. 97-164 substituted "The judgment of the United

States Claims Court in such suit shall be conclusive" for "The

judgment of the Court of Claims in such suit, or of the Supreme

Court upon review, shall be conclusive".

1953 - Act July 28, 1953, inserted "to the Comptroller General,"

in first par., struck out third par. which provided for accrual to

the United States of a right of action upon the judgment, with a

limitation period extending to three years after judgment, and

inserted provisions for filing and recording the transcript of such

judgment in the clerk's office of any district court and for

enforcement thereof.

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.

-End-

-CITE-

28 USC Sec. 2512 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2512. Disbursing officers; relief

-STATUTE-

Whenever the United States Court of Federal Claims finds that any

loss by a disbursing officer of the United States was without his

fault or negligence, it shall render a judgment setting forth the

amount thereof, and the General Accounting Office shall allow the

officer such amount as a credit in the settlement of his accounts.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 978; Pub. L. 97-164, title I,

Sec. 139(j)(2), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102-572, title

IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 253 (Mar. 3, 1911, ch.

231, Sec. 147, 36 Stat. 1137; June 10, 1921, ch. 18, Sec. 304, 42

Stat. 24).

Words "paymaster, quartermaster, commissary of subsistence, or

other" were omitted as covered by words "disbursing officer of the

United States". (See reviser's note under section 1496 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".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

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.

-End-

-CITE-

28 USC Sec. 2513 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2513. Unjust conviction and imprisonment

-STATUTE-

(a) Any person suing under section 1495 of this title must allege

and prove that:

(1) His conviction has been reversed or set aside on the ground

that he is not guilty of the offense of which he was convicted,

or on new trial or rehearing he was found not guilty of such

offense, as appears from the record or certificate of the court

setting aside or reversing such conviction, or that he has been

pardoned upon the stated ground of innocence and unjust

conviction and

(2) He did not commit any of the acts charged or his acts,

deeds, or omissions in connection with such charge constituted no

offense against the United States, or any State, Territory or the

District of Columbia, and he did not by misconduct or neglect

cause or bring about his own prosecution.

(b) Proof of the requisite facts shall be by a certificate of the

court or pardon wherein such facts are alleged to appear, and other

evidence thereof shall not be received.

(c) No pardon or certified copy of a pardon shall be considered

by the United States Court of Federal Claims unless it contains

recitals that the pardon was granted after applicant had exhausted

all recourse to the courts and that the time for any court to

exercise its jurisdiction had expired.

(d) The Court may permit the plaintiff to prosecute such action

in forma pauperis.

(e) The amount of damages awarded shall not exceed the sum of

$5,000.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 978; Sept. 3, 1954, ch. 1263,

Sec. 56, 68 Stat. 1247; Pub. L. 97-164, title I, Sec. 139(j)(2),

Apr. 2, 1982, 96 Stat. 43; Pub. L. 102-572, title IX, Sec.

902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 729-732 of title 18, U.S.C., 1940 ed., Crimes

and Criminal Procedure (May 24, 1938, ch. 266, Secs. 1-4, 52 Stat.

438.)

Sections 729-732 of title 18, U.S.C., 1940 ed., were consolidated

and completely rewritten in order to clarify ambiguities which made

the statute unworkable as enacted originally. Jurisdictional

provisions of section 729 of title 18, U.S.C., 1940 ed., are

incorporated in section 1495 of this title.

Changes were made in phraseology.

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (c). Pub. L. 97-164 substituted "United States

Claims Court" for "Court of Claims".

1954 - Subsec. (c). Act Sept. 3, 1954, substituted "considered

by" for "filed with".

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.

-End-

-CITE-

28 USC Sec. 2514 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2514. Forfeiture of fraudulent claims

-STATUTE-

A claim against the United States shall be forfeited to the

United States by any person who corruptly practices or attempts to

practice any fraud against the United States in the proof,

statement, establishment, or allowance thereof.

In such cases the United States Court of Federal Claims shall

specifically find such fraud or attempt and render judgment of

forfeiture.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 978; Pub. L. 97-164, title I,

Sec. 139(j)(2), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102-572, title

IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 279 and 280 (Mar. 3,

1911, ch. 231, Secs. 172, 173, 36 Stat. 1141).

A provision of section 279 of title 28, U.S.C., 1940 ed., that a

judgment of forfeiture shall forever bar the prosecution of the

claim was omitted as covered by section 2518 of this title.

A provision of section 280 of title 28, U.S.C., 1940 ed., barring

allowance by accounting officers of fraudulent claims under Act

June 16, 1874, 18 Stat. 75, was omitted as obsolete.

A provision of section 280 of title 28, U.S.C., 1940 ed., barring

allowance of fraudulent claims by Congress was omitted as

unnecessary and superfluous.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

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.

-End-

-CITE-

28 USC Sec. 2515 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2515. New trial; stay of judgment

-STATUTE-

(a) The United States Court of Federal Claims may grant a

plaintiff a new trial on any ground established by rules of common

law or equity applicable as between private parties.

(b) Such court, at any time while any suit is pending before it,

or after proceedings for review have been instituted, or within two

years after the final disposition of the suit, may grant the United

States a new trial and stay the payment of any judgment upon

satisfactory evidence, cumulative or otherwise, that any fraud,

wrong, or injustice has been done the United States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 978; Pub. L. 97-164, title I,

Sec. 139(j)(2), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102-572, title

IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 281 and 282 (Mar. 3,

1911, ch. 231, Secs. 174, 175, 36 Stat. 1141).

Words "but until an order is made staying the payment of a

judgment, the same shall be payable and paid as on March 3, 1911,

was provided by law," in section 282 of title 28, U.S.C., 1940 ed.,

were omitted as surplusage.

Changes were made in phraseology.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (a). Pub. L. 97-164 substituted "United States

Claims Court" 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.

-End-

-CITE-

28 USC Sec. 2516 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2516. Interest on claims and judgments

-STATUTE-

(a) Interest on a claim against the United States shall be

allowed in a judgment of the United States Court of Federal Claims

only under a contract or Act of Congress expressly providing for

payment thereof.

(b) Interest on a judgment against the United States affirmed by

the Supreme Court after review on petition of the United States is

paid at a rate equal to the weekly average 1-year constant maturity

Treasury yield, as published by the Board of Governors of the

Federal Reserve System, for the calendar week preceding the date of

the judgment.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 978; Sept. 3, 1954, ch. 1263,

Sec. 57, 68 Stat. 1248; Pub. L. 97-164, title I, Sec. 139(j)(2),

title III, Sec. 302(d), Apr. 2, 1982, 96 Stat. 43, 56; Pub. L.

97-258, Sec. 2(g)(5), (m)(3), Sept. 13, 1982, 96 Stat. 1061, 1062;

Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat.

4516; Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec. 307(d)(2)],

Dec. 21, 2000, 114 Stat. 2763, 2763A-636.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 284 and section 226 of

title 31, U.S.C., 1940 ed., Money and Finance (Sept. 30, 1890, ch.

1126, Sec. 1, 26 Stat. 537; Mar. 3, 1911, ch. 231, Sec. 177, 36

Stat. 1141; Nov. 23, 1921, ch. 136, Sec. 1324(b), 42 Stat. 316;

June 2, 1924, ch. 234, Sec. 1020, 43 Stat. 346; Feb. 13, 1925, ch.

229, Sec. 3(c), 43 Stat. 939; Feb. 26, 1926, ch. 27, Secs. 1117,

1200, 44 Stat. 119, 125; May 29, 1928, ch. 852, Sec. 615(a), 45

Stat. 877; June 22, 1936, ch. 690, Sec. 808, 49 Stat. 1746).

Subdivision (b) of section 284 of title 28, U.S.C., 1940 ed., was

omitted as covered by section 3771 of title 26, U.S.C., 1940 ed.,

Internal Revenue Code. Such omission required the exception in

subdivision (a) of such section 284, reading: "except as provided

in subdivision (b)", to be changed to read: "or Act of Congress

expressly providing for payment thereof."

Subsection (b) of this section is based on the last sentence of

section 226 of title 31, U.S.C., 1940 ed., Money and Finance.

Changes were made in phraseology.

1982 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

28:2516( 28:2516(b)(1st

b) sentence words

before "from the

date").

--------------------------------------------------------------------

Section 2(g)(5) of the bill restates 28:2516(b) because the

provisions in 28:2516(b) on the periods for computing interest were

superseded by the source provisions restated in section 1304 of the

revised title 31.

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-554 substituted "the weekly

average 1-year constant maturity Treasury yield, as published by

the Board of Governors of the Federal Reserve System, for the

calendar week preceding" for "the coupon issue yield equivalent (as

determined by the Secretary of the Treasury) of the average

accepted auction price for the last auction of fifty-two week

United States Treasury bills settled immediately before".

1992 - Subsec. (a). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (a). Pub. L. 97-164, Sec. 139(j)(2), substituted

"United States Claims Court" for "Court of Claims".

Subsec. (b). Pub. L. 97-258 substituted provisions that interest

on a judgment against the United States is paid at a rate equal to

the coupon issue yield equivalent of the average accepted auction

price for the last auction of fifty-two week United States Treasury

bills settled immediately before the date of judgment for

provisions that such interest would be paid at the rate of four

percent per annum from the date of the filing of the transcript of

the judgment in the Treasury Department to the date of mandate of

affirmance by the Supreme Court and that the interest would not be

allowed for any period after the term of the Supreme Court at which

the judgment was affirmed, and repealed the amendment made by Pub.

L. 97-164, Sec. 302(d), eff. Oct. 1, 1982. See, also, section

1304(b) of Title 31, Money and Finance.

Pub. L. 97-164, Secs. 302(d), 402, eff. Oct. 1, 1982, struck out

"at the rate of four percent per annum" and all that follows

through "affirmance" and inserted in lieu thereof ", from the date

of the filing of the transcript of the judgment in the General

Accounting Office to the date of the mandate of the affirmance, at

a rate of interest equal to the coupon issue yield equivalent (as

determined by the Secretary of the Treasury) of the average

accepted auction price for the last auction of fifty-two week

United States Treasury bills settled immediately prior to the date

of the judgment".

1954 - Subsec. (b). Act Sept. 3, 1954, inserted "for any period"

after "allowed" in last sentence.

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

Section 2(g)(5) of Pub. L. 97-258 provided that the amendment

made by that section is effective Oct. 1, 1982.

REPEAL

Section 302(d) of Pub. L. 97-164, cited as a credit to this

section, was repealed by Pub. L. 97-258, Sec. 2(m)(3), Sept. 13,

1982, 96 Stat. 1062, eff. Oct. 1, 1982.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title; title

31 section 1304.

-End-

-CITE-

28 USC Sec. 2517 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2517. Payment of judgments

-STATUTE-

(a) Except as provided by the Contract Disputes Act of 1978,

every final judgment rendered by the United States Court of Federal

Claims against the United States shall be paid out of any general

appropriation therefor, on presentation to the Secretary of the

Treasury of a certification of the judgment by the clerk and chief

judge of the court.

(b) Payment of any such judgment and of interest thereon shall be

a full discharge to the United States of all claims and demands

arising out of the matters involved in the case or controversy,

unless the judgment is designated a partial judgment, in which

event only the matters described therein shall be discharged.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 979; Pub. L. 95-563, Sec. 14(e),

(f), Nov. 1, 1978, 92 Stat. 2390; Pub. L. 97-164, title I, Sec.

139(k), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102-572, title IX, Sec.

902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-316, title

II, Sec. 202(l), Oct. 19, 1996, 110 Stat. 3843.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 285, and sections 225,

228, of title 31, U.S.C., 1940 ed., Money and Finance, (R.S. Secs.

236, 1089; Feb. 18, 1904, ch. 160, Sec. 1, 33 Stat. 41; Mar. 3,

1911, ch. 231, Sec. 178, 36 Stat. 1141; June 10, 1921, ch. 18,

Secs. 304, 305, 42 Stat. 24; Feb. 13, 1925, ch. 229, Sec. 3(c), 43

Stat. 939).

Section consolidates section 285 of title 28, U.S.C., 1940 ed.,

and sections 225 and 228 of title 31, U.S.C., 1940 ed., Money and

Finance.

Words "chief judge" were substituted for "the chief justice, or,

in his absence, by the presiding judge of said court" in section

225 of title 31, U.S.C., 1940 ed., Money and Finance, in conformity

with chapter 7 of this title.

Words "or, on review, by the Supreme Court, where the same are

affirmed in favor of the claimant" in section 225 of title 31,

U.S.C., 1940 ed., were omitted as unnecessary.

Provisions of section 228 of title 31, U.S.C., 1940 ed., for

payment of district court judgments are incorporated in section

2414 of this title.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Contract Disputes Act of 1978, referred to in subsec. (a), is

Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is

classified principally to chapter 9 (Sec. 601 et seq.) of Title 41,

Public Contracts. For complete classification of this Act to the

Code, see Short Title note set out under section 601 of Title 41

and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-316 substituted "Secretary of the

Treasury" for "General Accounting Office".

1992 - Subsec. (a). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (a). Pub. L. 97-164, Sec. 139(k)(1), substituted

"United States Claims Court" for "Court of Claims".

Subsec. (b). Pub. L. 97-164, Sec. 139(k)(2), struck out the comma

after "shall be discharged" thereby correcting a technical error in

the directory language in Pub. L. 95-563 which placed both a comma

and a period after "shall be discharged".

1978 - Subsec. (a). Pub. L. 95-563, Sec. 14(e), inserted Contract

Disputes Act of 1978 exception.

Subsec. (b). Pub. L. 95-563, Sec. 14(f), inserted provision

relating to discharge of partial judgments.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2412 of this title; title

16 section 460bb-2; title 25 sections 640d-27, 1300i-11; title 31

section 1304.

-End-

-CITE-

28 USC Sec. 2518 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

[Sec. 2518. Repealed. Pub. L. 97-164, title I, Sec. 139(g742l),

Apr. 2, 1982, 96 Stat. 43]

-MISC1-

Section, act June 25, 1948, ch. 646, 62 Stat. 979, related to

certification of Court of Claims judgments for appropriation.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,

set out as an Effective Date of 1982 Amendment note under section

171 of this title.

-End-

-CITE-

28 USC Sec. 2519 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2519. Conclusiveness of judgment

-STATUTE-

A final judgment of the United States Court of Federal Claims

against any plaintiff shall forever bar any further claim, suit, or

demand against the United States arising out of the matters

involved in the case or controversy.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 979; Pub. L. 97-164, title I,

Sec. 139(m), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102-572, title IX,

Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 286 (Mar. 3, 1911, ch.

231, Sec. 179, 36 Stat. 1141).

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

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.

-End-

-CITE-

28 USC Sec. 2520 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

[Sec. 2520. Repealed. Pub. L. 106-518, title II, Sec. 207, Nov. 13,

2000, 114 Stat. 2414]

-MISC1-

Section, acts June 25, 1948, ch. 646, 62 Stat. 979; Sept. 3,

1954, ch. 1263, Sec. 58, 68 Stat. 1248; Pub. L. 89-507, Sec. 2,

July 18, 1966, 80 Stat. 308; Pub. L. 97-164, title I, Sec.

139(n)(1)-(3), Apr. 2, 1982, 96 Stat. 43, 44; Pub. L. 100-702,

title X, Sec. 1012(a)(1), Nov. 19, 1988, 102 Stat. 4668; Pub. L.

102-572, title IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516,

required the Court of Federal Claims to impose a fee not exceeding

$120 for petition filings.

-End-

-CITE-

28 USC Sec. 2521 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2521. Subpoenas and incidental powers

-STATUTE-

(a) Subpoenas requiring the attendance of parties or witnesses

and subpoenas requiring the production of books, papers, documents

or tangible things by any party or witness having custody or

control thereof, may be issued for purposes of discovery or for use

of the things produced as evidence in accordance with the rules and

orders of the court. Such subpoenas shall be issued and served and

compliance therewith shall be compelled as provided in the rules

and orders of the court.

(b) The United States Court of Federal Claims shall have power to

punish by fine or imprisonment, at its discretion, such contempt of

its authority as -

(1) misbehavior of any person in its presence or so near

thereto as to obstruct the administration of justice;

(2) misbehavior of any of its officers in their official

transactions; or

(3) disobedience or resistance to its lawful writ, process,

order, rule, decree, or command.

(c) The United States Court of Federal Claims shall have such

assistance in the carrying out of its lawful writ, process, order,

rule, decree, or command as is available to a court of the United

States. The United States marshal for any district in which the

Court of Federal Claims is sitting shall, when requested by the

chief judge of the Court of Federal Claims, attend any session of

the Court of Federal Claims in such district.

-SOURCE-

(Added Sept. 3, 1954, ch. 1263, Sec. 59(a), 68 Stat. 1248; amended

Pub. L. 102-572, title IX, Sec. 910(a), Oct. 29, 1992, 106 Stat.

4519.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-572 inserted "and incidental powers" in

section catchline, designated existing provisions as subsec. (a),

and added subsecs. (b) and (c).

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.

-End-

-CITE-

28 USC Sec. 2522 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 165 - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

-HEAD-

Sec. 2522. Notice of appeal

-STATUTE-

Review of a decision of the United States Court of Federal Claims

shall be obtained by filing a notice of appeal with the clerk of

the Court of Federal Claims within the time and in the manner

prescribed for appeals to United States courts of appeals from the

United States district courts.

-SOURCE-

(Added Pub. L. 97-164, title I, Sec. 139(q)(1), Apr. 2, 1982, 96

Stat. 44; amended Pub. L. 102-572, title IX, Sec. 902(a), Oct. 29,

1992, 106 Stat. 4516.)

-MISC1-

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".

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

Section effective Oct. 1, 1982, see section 402 of Pub. L.

97-164, set out as an Effective Date of 1982 Amendment note under

section 171 of this title.

-End-

-CITE-

28 USC [CHAPTER 167 - REPEALED] 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

[CHAPTER 167 - REPEALED]

-HEAD-

[CHAPTER 167 - REPEALED]

-End-

-CITE-

28 USC Secs. 2601 to 2604 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

[CHAPTER 167 - REPEALED]

-HEAD-

[Secs. 2601 to 2604. Repealed. Pub. L. 97-164, title I, Sec. 140,

Apr. 2, 1982, 96 Stat. 44]

-MISC1-

Section 2601, acts June 25, 1948, ch. 646, 62 Stat. 979; June 2,

1970, Pub. L. 91-271, title I, Sec. 103, 84 Stat. 275; Oct. 10,

1980, Pub. L. 96-417, title IV, Sec. 403(a)-(d), title V, Sec.

501(27), (28), 94 Stat. 1740-1742, provided for appeals to the

Court of Customs and Patent Appeals from final judgments or orders

of the Court of International Trade and for the procedures to be

followed in such appeals. See section 1295(a)(5) of this title.

Section 2602, acts June 25, 1948, ch. 646, 62 Stat. 980; Oct. 14,

1966, Pub. L. 89-651, Sec. 8(c)(3), 80 Stat. 902; June 2, 1970,

Pub. L. 91-271, title I, Sec. 104, 84 Stat. 276; Oct. 10, 1980,

Pub. L. 96-417, title IV, Sec. 403(e)(1), 94 Stat. 1741, provided

for the precedence of enumerated civil actions in the Court of

Customs and Patent Appeals. See section 1296 of this title.

Section 2603, added Pub. L. 96-417, title IV, Sec. 404(a), Oct.

10, 1980, 94 Stat. 1741, provided that, except as provided in

section 2639 or 2641(b) of this title or in the rules prescribed by

the court, the Federal Rules of Evidence would apply in the Court

of Customs and Patent Appeals in any appeal from the Court of

International Trade.

Section 2604, added Pub. L. 96-417, title IV, Sec. 405(a), Oct.

10, 1980, 94 Stat. 1741, authorized the chief judge of the Court of

Customs and Patent Appeals to summon annually the judges of the

court to a judicial conference for the purpose of considering the

business of the court and improvements in the administration of

justice of the court.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,

set out as an Effective Date of 1982 Amendment note under section

171 of this title.

-End-