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Tennessee Valley Authority, use of patents by, see section 831r of Title 16, Conservation.

War contracts, jurisdiction and procedure to enforce termination claim, see sections 113, 114 of Title 41, Public Contracts.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2409a of this title; title 12 section 216b; title 41 sections 114, 602; title 42 section 4654; title 45 section 1018; title 46 section 1242; title 47 section 606.

§ 1492. Congressional reference cases

Any bill, except a bill for a pension, may be referred by either House of Congress to the chief judge of the United States Claims Court for a report in conformity with section 2509 of this title.

(June 25, 1948, ch. 646, 62 Stat. 941; Oct. 15, 1966, Pub. L. 89-681, § 1, 80 Stat. 958; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(b), 96 Stat. 40.)

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., § 257 (Mar. 3, 1911, ch. 231, § 151, 36 Stat. 1138).

This section contains only the jurisdictional provision of section 257 of title 28, U.S.C., 1940 ed. The procedural provisions are incorporated in section 2509 of this title.

Changes were made in phraseology.

AMENDMENTS

1982-Pub. L. 97-164 substituted "chief judge of the United States Claims Court" for "chief commissioner of the Court of Claims".

1966-Pub. L. 89-681 substituted provisions allowing any bill, except a bill for a pension, to be referred by either House of Congress to the chief commissioner of the Court of Claims for a report in conformity with section 2509 of this title for provisions giving the Court of Claims jurisdiction to report to either House of Congress on any bill referred by such House, except a bill for a pension, and to render judgment if the claim against the United States represented by the referred bill was one over which the court had jurisdiction under other Acts of Congress.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2509 of this title; title 17 section 502.

[§ 1493. Repealed. July 28, 1953, ch. 253, § 8, 67 Stat. 226]

Section, act June 25, 1948, ch. 646, 62 Stat. 941, authorized the Court of Claims to give legal advice to the heads of executive departments in matters referred to it by the heads, if the Court had jurisdiction over the matters.

§ 1494. Accounts of officers, agents or contractors

The United States Claims Court shall have jurisdiction to determine the amount, if any, due to or from the United States by reason of any unsettled account of any officer or agent of, or contractor with, the United States, or a guarantor, surety or personal representative of

any such officer, agent or contractor, and to render judgment thereof,1 where

(1) claimant or the person he represents has applied to the proper department of the Government for settlement of the account;

(2) three years have elapsed from the date of such application without settlement; and (3) no suit upon the same has been brought by the United States.

(June 25, 1948, ch. 646, 62 Stat. 941; July 28, 1953, ch. 253, § 9, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 44(c), 68 Stat. 1242; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(c)(1), 96 Stat. 40.)

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., § 287 (Mar. 3, 1911, ch. 231, § 180, 36 Stat. 1141; Feb. 13, 1925, ch. 229, § 3, 43 Stat. 939).

Only the jurisdictional provisions of section 287 of title 28, U.S.C., 1940 ed., are contained in this section. The procedural provisions are incorporated in section 2511 of this title.

Changes were made in phraseology.

AMENDMENTS

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

1954-Act Sept. 3, 1954, eliminated "United States" from name of Court of Claims.

1953-Act July 28, 1953, substituted "United States Court of Claims" for "Court of Claims”, inserted "to or from" after "due", and inserted "and to render judgment thereon,” all in opening par.

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.

CROSS REFERENCES

Procedure on accounts of officers, agents, or contractors, see section 2511 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2511 of this title.

§ 1495. Damages for unjust conviction and imprisonment; claim against United States

The United States Claims Court shall have jurisdiction to render judgment upon any claim for damages by any person unjustly convicted of an offense against the United States and imprisoned.

(June 25, 1948, ch. 646, 62 Stat. 941; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(c)(1), 96 Stat. 40.)

HISTORICAL AND REVISION NOTES

Based on section 729 of title 18, U.S.C., 1940 ed., Crimes and Criminal Procedure (May 24, 1938, ch. 266, §§ 1-4, 52 Stat. 438).

Only the jurisdictional provision of section 729 of title 18, U.S.C., 1940 ed., appears in this section. The remainder is incorporated in section 2513 of this title. Changes were made in phraseology.

AMENDMENTS

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

'So in original. Probably should be "thereon".

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.

CROSS REFERENCES

Procedure on claims for damages for unjust conviction and imprisonment, see section 2513 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2513 of this title.

§ 1496. Disbursing officers' claims

The United States Claims Court shall have jurisdiction to render judgment upon any claim by a disbursing officer of the United States or by his administrator or executor for relief from responsibility for loss, in line of duty, of Government funds, vouchers, records or other papers in his charge.

(June 25, 1948, ch. 646, 62 Stat. 941; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(c)(1), 96 Stat. 40.)

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., § 250(3) (Mar. 3, 1911, ch. 231, § 145, 36 Stat. 1136; June 10, 1921, ch. 18, §304, 42 Stat. 24).

Words "paymaster, quartermaster, commissary of subsistence, or other," preceding "disbursing officer of the United States," were omitted. See Henderson v. United States, 1907, 42 Ct.Cl. 449 and Hobbs v. United States, 1881, 17 Ct.Cl. 189, holding that the term "other disbursing officer" extends to any disbursing officer of the executive departments of the Government.

Words "by capture or otherwise" were omitted as surplusage.

Words "and for which such officer was and is held responsible," at the end of section 250(3) of title 28, U.S.C., 1940 ed., were omitted as surplusage. Changes were made in phraseology.

AMENDMENTS

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

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.

CROSS REFERENCES

Allowance of credit in settlement of disbursing officers' accounts, see section 2512 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 41 section 114.

§ 1497. Oyster growers' damages from dredging operations

The United States Claims Court shall have jurisdiction to render judgment upon any claim for damages to oyster growers on private or leased lands or bottoms arising from dredging operations or use of other machinery and equipment in making river and harbor improvements authorized by Act of Congress.

(June 25, 1948, ch. 646, 62 Stat. 941; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(c), 96 Stat. 40.)

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., § 250a (Aug. 30, 1935, ch. 831, § 13, 49 Stat. 1049; July 13, 1943, ch. 231, 57 Stat. 553).

The proviso at the end of section 250a of title 28, U.S.C., 1940 ed., is incorporated in section 2501 of this title.

Words "river and harbor improvements" were substituted for "such improvements", in view of Dixon v. U.S., 103 Ct. Cl. 160, holding that words, "such improvements" were not limited to the specific improvements listed in the 1935 act, but applied to any river and harbor improvements.

Changes were made in phraseology.

AMENDMENTS

1982-Pub. L. 97-164 substituted "growers'" for "growers," in the section catchline, and in text substituted "United States Claims Court" for "Court of Claims".

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.

CROSS REFERENCES

Time for filing petition by oyster growers, see section 2501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2501 of this title.

§ 1498. Patent and copyright cases

(a) Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner's remedy shall be by action against the United States in the United States Claims Court for the recovery of his reasonable and entire compensation for such use and manufacture.

For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States.

The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in the possession of the United States prior to July 1, 1918.

A Government employee shall have the right to bring suit against the Government under this section except where he was in a position to order, influence, or induce use of the invention by the Government. This section shall not confer a right of action on any patentee or any assignee of such patentee with respect to any invention discovered or invented by a person while in the employment or service of the United States, where the invention was related to the official functions of the employee, in cases in which such functions included research and development, or in the making of which

Government time, materials or facilities were used.

(b) Hereafter, whenever the copyright in any work protected under the copyright laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization or consent of the Government, the exclusive remedy of the owner of such copynight shall be by action against the United States in the Claims Court for the recovery of his reasonable and entire compensation as damages for such infringement, including the minimum statutory damages as set forth in section 504(0) of title 17, United States Code: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the copyrighted work by the Government: Provided, however, That this subsection shall not conter a right of action on any copyright owner or any assignee of such owner with respect to any copyrighted work prepared by a person while in the employment or service of the United States, where the copyrighted work was prepared as a part of the official functions of the employees or in the preparation of which Croverment time, material, or facilities were used died provided further, That before such action against the United States has been instituted the appropriate corporation owned or controlled by the United States or the head of Che aviate department or agency of the Croverzument, as the case may be, is authorized to enter into an agreement with the copyright GAWAAGE BA full settlement and compromise for GZAG CẮTAMANYAN Mccruing to him by reason of such WALANCHE #nd to settle the claim adminisGratively put of available appropriations.

Bxcept as otherwise provided by law, no reGovory stall be had for any infringement of a Powakadade povered by this subsection committed we plan three years prior to the filing of the Comagdaný pe ounterclaim for infringement in Vip #v*** Mept that the period between the savo pat roveups of a written claim for compensaPO BY PAP (Nartment or agency of the Gov

44 ME Hration owned or controlled by VAJ Punked Mais, as the case may be, having #ZA,ALARY By settle such claim and the date of savaitian Bay Phe Government of a notice to the want that his claim has been denied shall may be pounted as a part of the three years, unler auf is brought before the last-mentioned

ve the provisions of this section shall not angely for any claim arising in a foreign country.

vd Netwiter, whenever a plant variety profected by a certificate of plant variety protecFion under the laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government, and with the authorization and consent of the Government, the exclusive remedy of the owner of such certificate shall be by action against the United States in the Claims

Court for the recovery of his reasonable and entire compensation as damages for such infringement: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the protected plant variety by the Government: Provided, however, That this subsection shall not confer a right of action on any certificate owner or any assignee of such owner with respect to any protected plant variety made by a person while in the employment or service of the United States, where such variety was prepared as a part of the official functions of the employee, or in the preparation of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted, the appropriate corporation owned or controlled by the United States or the head of the appropriate agency of the Government, as the case may be, is authorized to enter into an agreement with the certificate owner in full settlement and compromise, for the damages accrued to him by reason of such infringement and to settle the claim administratively out of available appropriations.

(June 25, 1948, ch. 646, 62 Stat. 941; May 24, 1949, ch. 139, § 87, 63 Stat. 102; Oct. 31, 1951, ch. 655, § 50(c), 65 Stat. 727; July 17, 1952, ch. 930, 66 Stat. 757; Sept. 8, 1960, Pub. L. 86-726, §§ 1, 4, 74 Stat. 855, 856; Dec. 24, 1970, Pub. L. 91-577, title III, § 143(d), 84 Stat. 1559; Oct. 19, 1976, Pub. L. 94-553, title I, § 105(c), 90 Stat. 2599; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(d), 96 Stat. 40.)

HISTORICAL and ReviSION NOTES

1948 ACT

Based on section 68 of title 35, U.S.C., 1940 ed., Patents (June 25, 1910, ch. 423, 36 Stat. 851; July 1, 1918, ch. 114, 40 Stat. 705).

Provisions contained in the second proviso of section 68 of title 35, U.S.C., 1940 ed., relating to right of the United States to any general or special defense available to defendants in patent infringement suits were omitted as unnecessary. In the absence of statutory restriction, any defense available to a private party is equally available to the United States. Changes in phraseology were made.

1949 ACT

This amendment clarifies section 1498 of title 28, U.S.C., by restating its first paragraph to conform more closely with the original law.

REFERENCES IN TEXT

Hereafter, referred to in subsec. (b), probably means the date of enactment of Pub. L. 86-726, which was approved on Sept. 8, 1960.

The copyright laws of the United States, referred to in subsec. (b), are classified generally to Title 17, Copyrights.

Hereafter, referred to in subsec. (d), probably means after the date of enactment of Pub. L. 91-577, which was approved on Dec. 24, 1970.

AMENDMENTS

1982-Subsec. (a). Pub. L. 97-168, § 133(d)(1), substituted "United States Claims Court" for "Court of Claims".

Subsecs. (b), (d). Pub. L. 97-164, § 133(d)(2), substituted "Claims Court" for "Court of Claims".

1976 Subsec. (b). Pub. L. 94-553 substituted "section 504(c) of title 17" for "section 101(b) of title 17". 1970 Subsec. (d). Pub. L. 91-577 added subsec. (d). 1960-Catchline. Pub. L. 86-726, § 4, substituted "Patent and copyright cases" for "Patent cases".

Pub. L. 86-726, § 1, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

1952-Act July 17, 1952, allowed Government employees to maintain patent suits against the United States in certain instances.

1951-Act Oct. 31, 1951, inserted what is now the second par.

1949-Act May 29, 1949, conformed first par. of section to the original law.

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 1976 AMENDMENT Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section 102 of Pub. L. 94-553, set out as an Effective Date note preceding section 101 of Title 17, Copyrights.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-577 effective Dec. 24, 1970, see section 141 of Pub. L. 91-577, set out as an Effective Date note under section 2321 of Title 7, Agriculture.

WAIVER OF IMMUNITY FOR MEMBERS OF CONGRESS

Section 2 of Pub. L. 86-726 provided that: "Nothing in this Act [amending this section and section 2386 of Title 10, Armed Forces] shall be construed to in any way waive any immunity provided for Members of Congress under article I of section 6 of the Constitution of the United States."

CROSS REFERENCES

Actions for unauthorized use of patents or disclosure of information, see section 2356 of Title 22, Foreign Relations and Intercourse.

Government interests in patents, see section 267 of Title 35, Patents.

Use of patents by Tennessee Valley Authority, see section 831r of Title 16, Conservation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 17 section 502; title 19 section 1337; title 22 section 2356; title 35 section 183; title 42 section 2457.

§ 1499. Liquidated damages withheld from contractors under Contract Work Hours and Safety Standards Act

The United States Claims Court shall have jurisdiction to render judgment upon any claim for liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hours Standards Act."

'So in original. Probably should be "section 104 of the Contract Work Hours and Safety Standards Act".

(June 25, 1948, ch. 646, 62 Stat. 942; Aug. 13, 1962, Pub. L. 87-581, title II, § 202(a), 76 Stat. 360; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(e)(1), (2)(A), 96 Stat. 40, 41.)

HISTORICAL AND REVISION NOTES

Based on section 324 of title 40, U.S.C., 1940 ed., Public Buildings, Property and Works (June 19, 1912, ch. 174, § 1, 37 Stat. 137).

This section contains only the jurisdictional provision in the last clause of section 324 of title 40, U.S.C., 1940 ed.

Changes in phraseology were made.

REFERENCES IN TEXT

Contract Work Hours and Safety Standards Act, referred to in the section catchline is title I of Pub. L. 87-581, Aug. 13, 1962, 76 Stat. 357, as amended, which is classified generally to subchapter II (§ 327 et seq.) of chapter 5 of Title 40, Public Buildings, Property, and Works. Section 104 of the Contract Work Hours Standards Act, referred to in text, probably means section 104 of the Contract Work Hours and Safety Standards Act, as redesignated by Pub. L. 91-54, § 2, Aug. 9, 1969, 83 Stat. 98, which is classified to section 330 of Title 40. For complete classification of this Act to the Code, see Short Title note set out under section 327 of Title 40 and Tables.

AMENDMENTS

1982-Pub. L. 97-164 substituted "Contract Work Hours and Safety Standards Act" for "Contract Work Hours Standards Act" in the section catchline, and in text substituted "United States Claims Court" for "Court of Claims".

1962-Pub. L. 87-581 substituted "Liquidated damages withheld from contractors under Contract Work Hours Standards Act" for "Penalties imposed against contractors under eight hour law" in the section catchline, and "liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hour Standards Act" for "a penalty withheld from a contractor or subcontractor under section 324 of Title 40", in the text.

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 1962 AMENDMENT Amendment by Pub. L. 87-581 effective 60 days after Aug. 13, 1962, but shall not affect contracts existing or thereafter entered into pursuant to invitations for bids outstanding on Aug. 13, 1962, see section 204 of Pub. L. 87-581, set out as an Effective Date note under section 327 of Title 40, Public Buildings, Property, and Works.

CONTINUED JURISDICTION UPON CLAIMS UNDER
SECTION 324 OF TITLE 40

Section 202(b) of Pub. L. 87-581 provided that: "The Court of Claims [now United States Claims Court) shall continue to have jurisdiction to render judgment upon any claim for a penalty withheld from a contractor or subcontractor under section 324 of title 40, United States Code, in connection with any contract subject to said section existing on the effective date of this Act [see Effective Date note set out under section 327 of Title 40, Public Buildings, Property, and Works], or thereafter entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act [Aug. 13, 1962)."

CROSS REFERENCES

Time for filing claim, see section 330 of Title 40, Public Buildings, Property, and Works.

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§ 1500. Pendency of claims in other courts

The United States Claims Court shall not have jurisdiction of any claim for or in respect to which the plaintiff or his assignee has pending in any other court any suit or process against the United States or any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, directly or indirectly under the authority of the United States. (June 25, 1948, ch. 646, 62 Stat. 942; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(e)(1), 96 Stat. 40.)

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., § 260 (Mar. 3, 1911, ch. 231, § 154, 36 Stat. 1138).

Words "or in the Supreme Court on appeal therefrom" were omitted as unnecessary.

Changes were made in phraseology.

AMENDMENTS

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

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.

§ 1501. Pensions

The United States Claims Court shall not have jurisdiction of any claim for a pension. (June 25, 1948, ch. 646, 62 Stat. 942; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(e)(1), 96 Stat. 40.)

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., § 250(1) (Mar. 3, 1911, ch. 231, § 145, 36 Stat. 1136).

Section constitutes the exception in section 250(1) of title 28, U.S.C., 1940 ed.

Changes were made in phraseology.

AMENDMENTS

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

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 41 section 114.

§ 1502. Treaty cases

Except as otherwise provided by Act of Congress, the United States Claims Court shall not have jurisdiction of any claim against the United States growing out of or dependent upon any treaty entered into with foreign nations.

(June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, § 88, 63 Stat. 102; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(e)(1), 96 Stat. 40.)

HISTORICAL and ReviSION NOTES
1948 ACT

Based on title 28, U.S.C., 1940 ed., § 259 (Mar. 3, 1911, ch. 231, § 153, 36 Stat. 1138).

Phrase "Except as otherwise provided by enactment of Congress" was inserted to cover cases where special Acts confer jurisdiction. (See Sioux Tribe of Indians v. United States, 1943, 97 Ct.Cl. 613, certiorari denied 63 S.Ct. 992, 318 U.S. 789, 87 L.Ed. 1155, and In re United States, 1873, 17 Wall. 439, 443, 21 L.Ed. 696.)

Words "not pending therein on December 1, 1862," were omitted as obsolete.

Changes in phraseology were made.

1949 ACT

This section, in amending section 1502 of title 28, U.S.C., conforms with the provisions of act of August 13, 1946 (ch. 959, § 25, 60 Stat. 1056), which affected section 153 of the Judicial Code of 1911 by striking therefrom the words "or with Indian tribes." Such section 153 of the Judicial Code was the source of such section 1502.

AMENDMENTS

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

1949-Act May 24, 1949, struck out "or with Indian tribes" following "foreign nations".

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.

CROSS REFERENCES

Jurisdiction of court over Indian claims after Aug. 13, 1946, see section 1505 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 7422. § 1503. Set-offs

The United States Claims Court shall have jurisdiction to render judgment upon any setoff or demand by the United States against any plaintiff in such court.

(June 25, 1948, ch. 646, 62 Stat. 942; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(e)(1), 96 Stat. 40.)

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., § 250(2) (Mar. 3, 1911, ch. 231, § 145, 36 Stat. 1136).

The second subsection of section 250 of title 28, U.S.C., 1940 ed., is incorporated in this section. The proviso, relating to suits for fees due officers of the United States, has been incorporated in section 2501 of this title.

Changes were made in phraseology.

AMENDMENTS

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

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.

RULES OF THE UNITED STATES CLAIMS COURT Counterclaims, see rule 13, Appendix to this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 41 section 114.

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