Source
(June 25, 1948, ch. 646, 62 Stat. 979; Pub. L. 95–563, § 14(e), (f), Nov. 1, 1978, 92 Stat. 2390; Pub. L. 97–164, title I, § 139(k), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–316, title II, § 202(l), Oct. 19, 1996, 110 Stat. 3843.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 285, and sections
225,
228, of title
31, U.S.C., 1940 ed., Money and Finance, (R.S. §§ 236,
1089; Feb. 18, 1904, ch. 160, § 1,
33 Stat. 41; Mar. 3, 1911, ch. 231, § 178,
36 Stat. 1141; June 10, 1921, ch. 18, §§ 304,
305,
42 Stat. 24; Feb. 13, 1925, ch. 229, § 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.
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 (§ 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.
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, § 139(k)(1), substituted “United States Claims Court” for “Court of Claims”.
Subsec. (b).
Pub. L. 97–164, § 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, § 14(e), inserted Contract Disputes Act of 1978 exception.
Subsec. (b).
Pub. L. 95–563, § 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.