§1494 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

The U.S. Court of Federal Claims can decide how much is owed to or by the United States for an unsettled account tied to an officer, agent, contractor, or their guarantor, surety, or personal representative, if the claimant asked the proper government department to settle it, three years passed without settlement, and the United States has not sued about the same matter.

Title 28, §1494

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

The United States Court of Federal Claims 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,11 So in original. Probably should be “thereon,”. 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.

Notes & Related Subsidiaries

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.

Editorial Notes

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. 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,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment 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 AmendmentAmendment 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.

§1494 Accounts of Officers, Agents or Contractors

Summary

Title 28, §1494

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata