United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 8(g) (1) and 10(a)(1) of the Contract Disputes Act of 1978". (b) Section 2401(a) of title 28, United States Code, is amended by striking out "Every" at the beginning and inserting in lieu thereof "Except as provided by the Contract Disputes Act of 1978, every". (c) Section 1302 of the Act of July 27, 1956, as amended (70 Stat. 694, as amended; 31 U.S.C. 724a), is amended by adding after"2677 of title 28" the words "and decisions of boards of contract appeals". (d) Section 2414 of title 28, United States Code, is amended by striking out "Payment" at the beginning and inserting in lieu thereof "Except as provided by the Contract Disputes Act of 1978, payment". (e) Section 2517 (a) of title 28, United States Code, is amended by striking out "Every" at the beginning and inserting in lieu thereof "Except as provided by the Contract Disputes Act of 1978, every". (f) Section 2517 (b) of title 28, United States Code, is amended by inserting after "case or controversy" the following:, "unless the judgment is designated a partial judgment, in which event only the matters described therein shall be discharged". (g) There shall be added to subsection (c) of section 5108 of title 5, United States Code, a paragraph (17) reading as follows: "(17) the heads of executive departments or agencies in which boards of contract appeals are established pursuant to the Contract Disputes Act of 1978, and subject to the standards and procedures prescribed by this chapter, but without regard to subsection (d) of this section, may place additional positions, not to exceed seventy in number, in GS-16, GS-17, and GS-18 for the independent quasi-judicial determination of contract disputes, with the allocation of such positions among such executive departments and agencies determined by the Administrator for Federal Procurement Policy on the basis of relative case load." (h) (1) Section 2510 of title 28, United States Code, is amended by (A) inserting "(a)" immediately before such section; and (B) adding the following new subsection at the end thereof: "(b) (1) The head of any executive department or agency may, 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 has concluded is not entitled to finality pursuant to the review standards specified in section 10(b) of the Contracts Disputes Act of 1978. The head of each executive department or agency shall make any referral under this section within one hundred and twenty days of the receipt of a copy of the final appeal decision. (2) The Court of Claims shall review the matter referred in accordance with the standards specified in section 10(b) of the Contracts Disputes Act of 1978. The Court shall 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, shall determine the issue of finality of the appeal decision, and shall, as appropriate, render judgment thereon, take additional evidence, or remand the matter pursuant to the authority specified in section 1491 of this title". (2) (A) The section heading of such section is amended to read as follows: "§2510. Referral of cases by the Comptroller General "2510. Referral of cases by the Comptroller General SEVERABILITY CLAUSE SEC. 15. If any provision of this Act, or the applica- 41 U.S.C. 613 tion of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. EFFECTIVE DATE OF ACT SEC. 16. This Act shall apply to contracts entered into one hundred twenty days after the enactment. Notwithstanding any provision in a contract made. before the effective date of this Act, the contractor may elect to proceed under this Act with respect to any claim pending then before the contracting officer or initiated thereafter. Approved November 1, 1978. Records management by Administrator of General Services 222 227 Disposal of records 229 Amendments to the Constitution 233 National security information 241 Supplemental use of exhibits and displays created in furtherance of authorized program of executive departments and agencies -257 FEDERAL REGISTER AND CODE OF FEDERAL 82 Stat. 1273 (44 U.S.C. 1501-1511, Chapter 15)* Sec. 1501. Definitions. 1502. Custody and printing of Federal documents; appointment of Director. 1503. Filing documents with Office; notation of time; public inspec- 1504. “Federal Register"; printing; contents; distribution; price. 1506. Administrative Committee of the Federal Register; establish- 1507. Filing document as constructive notice; publication in Federal Register as presumption of validity; judicial notice; citation. 1508. Publication in Federal Register as notice of hearing. 1509. Cost of publication; appropriations authorized; penalty mail privilege. 1510. Code of Federal Regulations. 1511. International agreements excluded from provisions of chapter. § 1501. Definitions As used in this chapter, unless the context otherwise requires "document" means a Presidential proclamation or Executive order and an order, regulation, rule, certificate, code of fair competition, license, notice, or similar instrument, issued, prescribed, or promulgated by a Federal agency; "Federal agency" or "agency" means the President of the United States, or an executive department, independent board, establishment, bureau, agency, institution, commission, or separate office of the administrative branch of the Government of the United States but not the legislative or judicial branches of the Government; "person" means an individual, partnership, association, or corporation. § 1502. Custody and printing of Federal documents; appointment of Director The Administrator of General Services, acting through the Office of the Federal Register, is charged with the custody and, together with the Public Printer, with the prompt and uniform printing and distribution of the documents required or authorized to be published by section 1505 of this title. There shall be at the head of the Office a director, appointed by, and who shall act under the general direction of, the Administrator of General *Codified as positive law. NOTE: By sec. 6, Executive Order 10530, May 10, 1954 (19 F.R. 2712; 3 CFR), the Administrator of General Services and the Attorney General were jointly authorized by the President to exercise his powers under sections 5(a), 6, 11(a) and 11(f) of the Federal Register Act (now codified as positive law in 44 U.S.C. 1505(a), 1506, 1510(a), and 1510(f)). |