Page 379 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1455
(c) CLARIFICATION OF JURISDICTION IN CERTAIN CASES.—The court to which a civil action is re- moved under this section is not precluded from hearing and determining any claim in the civil action because the State court from which the civil action is removed did not have jurisdiction over that claim.
(d) REMAND.—If a civil action is removed sole- ly under this section, the district court—
(1) shall remand all claims that are neither a basis for removal under subsection (a) nor within the original or supplemental jurisdic- tion of the district court under any Act of Congress; and
(2) may, under the circumstances specified in section 1367(c), remand any claims within the supplemental jurisdiction of the district court under section 1367.
(Added Pub. L. 112–29, § 19(c)(1), Sept. 16, 2011, 125 Stat. 332.)
EFFECTIVE DATE
Section applicable to any civil action commenced on or after Sept. 16, 2011, see section 19(e) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment note under section 1295 of this title.
§ 1455. Procedure for removal of criminal pros- ecutions
(a) NOTICE OF REMOVAL.—A defendant or de- fendants desiring to remove any criminal pros- ecution from a State court shall file in the dis- trict court of the United States for the district and division within which such prosecution is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.
(b) REQUIREMENTS.—(1) A notice of removal of a criminal prosecution shall be filed not later than 30 days after the arraignment in the State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time.
(2) A notice of removal of a criminal prosecu- tion shall include all grounds for such removal. A failure to state grounds that exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph.
(3) The filing of a notice of removal of a crimi- nal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the pros- ecution is first remanded.
(4) The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that re- moval should not be permitted, the court shall make an order for summary remand.
(5) If the United States district court does not order the summary remand of such prosecution,
it shall order an evidentiary hearing to be held promptly and, after such hearing, shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the State court in which prosecu- tion is pending, which shall proceed no further.
(c) WRIT OF HABEAS CORPUS.—If the defendant or defendants are in actual custody on process issued by the State court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into the marshal’s custody and de- liver a copy of the writ to the clerk of such State court.
(Added Pub. L. 112–63, title I, § 103(c), Dec. 7, 2011, 125 Stat. 761.)
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title.
EFFECTIVE DATE
Section effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such ef- fective date, with provisions for treatment of cases re- moved to Federal court, see section 105 of Pub. L. 112–63, set out as an Effective Date of 2011 Amendment note under section 1332 of this title.
[CHAPTER 90—OMITTED]
CODIFICATION
Chapter 90, consisting of sections 1471 to 1482, which was added by Pub. L. 95–598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2668, and which related to district courts and bankruptcy courts, did not become effective pursu- ant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
TRANSITION TO NEW COURT SYSTEM
Pub. L. 95–598, title IV, § 409, Nov. 6, 1978, 92 Stat. 2687, as amended by Pub. L. 98–249, § 1(d), Mar. 31, 1984, 98 Stat. 116; Pub. L. 98–271, § 1(d), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98–299, § 1(d), May 25, 1984, 98 Stat. 214; Pub. L. 98–325, § 1(d), June 20, 1984, 98 Stat. 268; Pub. L. 98–353, title I, § 121(d), July 10, 1984, 98 Stat. 346, which provided for transfer to the new court system of cases, and mat- ters and proceedings in cases, under the Bankruptcy Act [former Title 11] pending at the end of Sept. 30, 1983, in the courts of bankruptcy continued under sec- tion 404(a) of Pub. L. 95–598, with certain exceptions, and cases and proceedings arising under or related to cases under Title 11 pending at the end of July 9, 1984, and directed that civil actions pending on July 9, 1984, over which a bankruptcy court had jurisdiction on July 9, 1984, not abate, but continuation of such actions not finally determined before Apr. 1, 1985, be removed to a bankruptcy court under this chapter, and that all law books, publications, etc., furnished bankruptcy judges as of July 9, 1984, be transferred to the United States bankruptcy courts under the supervision of the Direc- tor of the Administrative Office of the United States Courts, was repealed by Pub. L. 98–353, title I, § 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984.
CHAPTER 91—UNITED STATES COURT OF FEDERAL CLAIMS
Sec.
1491. Claims against United States generally; ac- tions involving Tennessee Valley Author- ity.
1492. Congressional reference cases.
Page 380TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE§ 1491
1 See References in Text note below. 2 So in original. Probably should be ‘‘United’’.
Sec.
[1493. Repealed.] 1494. Accounts of officers, agents or contractors. 1495. Damages for unjust conviction and imprison-
ment; claim against United States. 1496. Disbursing officers’ claims. 1497. Oyster growers’ damages from dredging oper-
ations. 1498. Patent and copyright cases. 1499. Liquidated damages withheld from contrac-
tors under chapter 37 of title 40. 1500. Pendency of claims in other courts. 1501. Pensions. 1502. Treaty cases. 1503. Set-offs. [1504. Repealed.] 1505. Indian claims. [1506. Repealed.] 1507. Jurisdiction for certain declaratory judg-
ments. 1508. Jurisdiction for certain partnership proceed-
ings. 1509. No jurisdiction in cases involving refunds of
tax shelter promoter and understatement penalties.
HISTORICAL AND REVISION NOTES
1949 ACT
This section inserts in the analysis of chapter 91 of title 28, U.S.C., item 1505, corresponding to new section 1505.
AMENDMENTS
2006—Pub. L. 109–284, § 4(1), Sept. 27, 2006, 120 Stat. 1211, substituted ‘‘chapter 37 of title 40’’ for ‘‘Contract Work Hours and Safety Standards Act’’ in item 1499.
1992—Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516, substituted ‘‘UNITED STATES COURT OF FEDERAL CLAIMS’’ for ‘‘UNITED STATES CLAIMS COURT’’ as chapter heading.
1984—Pub. L. 98–369, div. A, title VII, § 714(g)(3), July 18, 1984, 98 Stat. 962, added item 1509.
1982—Pub. L. 97–248, title IV, § 402(c)(18)(B), Sept. 3, 1982, 96 Stat. 669, added item 1508.
Pub. L. 97–164, title I, § 133(e)(2)(B), (f), (h), (j)(2), Apr. 2, 1982, 96 Stat. 41, substituted ‘‘UNITED STATES CLAIMS COURT’’ for ‘‘COURT OF CLAIMS’’ in chapter heading, substituted ‘‘Liquidated damages withheld from contractors under Contract Work Hours and Safe- ty Standards Act’’ for ‘‘Penalties imposed against con- tractors under eight hour law’’ in item 1499, and struck out items 1504 ‘‘Tort Claims’’ and 1506 ‘‘Transfer to cure defect of jurisdiction’’.
1976—Pub. L. 94–455, title XIII, § 1306(b)(9)(B), Oct. 4, 1976, 90 Stat. 1720, added item 1507.
1960—Pub. L. 86–770, § 2(b), Sept. 13, 1960, 74 Stat. 912, added item 1506.
Pub. L. 86–726, § 4, Sept. 8, 1960, 74 Stat. 856, sub- stituted ‘‘Patent and copyright cases’’ for ‘‘Patent cases’’ in item 1498.
1954—Act Sept. 3, 1954, ch. 1263, § 43, 68 Stat. 1241, in- serted ‘‘; actions involving Tennessee Valley Author- ity’’ in item 1491 and struck out item 1493 ‘‘Depart- mental reference cases’’.
1949—Act May 24, 1949, ch. 139, § 86, 63 Stat. 102, added item 1505.
§ 1491. Claims against United States generally; actions involving Tennessee Valley Authority
(a)(1) The United States Court of Federal Claims shall have jurisdiction to render judg- ment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an execu- tive department, or upon any express or implied contract with the United States, or for liq- uidated or unliquidated damages in cases not
sounding in tort. For the purpose of this para- graph, an express or implied contract with the Army and Air Force Exchange Service, Navy Ex- changes, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the Na- tional Aeronautics and Space Administration shall be considered an express or implied con- tract with the United States.
(2) To provide an entire remedy and to com- plete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing res- toration to office or position, placement in ap- propriate duty or retirement status, and correc- tion of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdic- tion, the court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just. The Court of Fed- eral Claims shall have jurisdiction to render judgment upon any claim by or against, or dis- pute with, a contractor arising under section 7104(b)(1) of title 41, including a dispute concern- ing termination of a contract, rights in tangible or intangible property, compliance with cost ac- counting standards, and other nonmonetary dis- putes on which a decision of the contracting of- ficer has been issued under section 6 1 of that Act.
(b)(1) Both the Unites 2 States Court of Federal Claims and the district courts of the United States shall have jurisdiction to render judg- ment on an action by an interested party object- ing to a solicitation by a Federal agency for bids or proposals for a proposed contract or to a pro- posed award or the award of a contract or any alleged violation of statute or regulation in con- nection with a procurement or a proposed pro- curement. Both the United States Court of Fed- eral Claims and the district courts of the United States shall have jurisdiction to entertain such an action without regard to whether suit is in- stituted before or after the contract is awarded.
(2) To afford relief in such an action, the courts may award any relief that the court con- siders proper, including declaratory and injunc- tive relief except that any monetary relief shall be limited to bid preparation and proposal costs.
(3) In exercising jurisdiction under this sub- section, the courts shall give due regard to the interests of national defense and national secu- rity and the need for expeditious resolution of the action.
(4) In any action under this subsection, the courts shall review the agency’s decision pursu- ant to the standards set forth in section 706 of title 5.
(5) If an interested party who is a member of the private sector commences an action de- scribed in paragraph (1) with respect to a public- private competition conducted under Office of Management and Budget Circular A–76 regard- ing the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to pri- vate sector performance without a competition
Page 381 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1491
under Office of Management and Budget Cir- cular A–76, then an interested party described in section 3551(2)(B) of title 31 shall be entitled to intervene in that action.
(6) Jurisdiction over any action described in paragraph (1) arising out of a maritime con- tract, or a solicitation for a proposed maritime contract, shall be governed by this section and shall not be subject to the jurisdiction of the district courts of the United States under the Suits in Admiralty Act (chapter 309 of title 46) or the Public Vessels Act (chapter 311 of title 46).
(c) Nothing herein shall be construed to give the United States Court of Federal Claims juris- diction of any civil action within the exclusive jurisdiction of the Court of International Trade, or of any action against, or founded on conduct of, the Tennessee Valley Authority, or to amend or modify the provisions of the Tennessee Valley Authority Act of 1933 with respect to actions by or against the Authority.
(June 25, 1948, ch. 646, 62 Stat. 940; July 28, 1953, ch. 253, § 7, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 44(a), (b), 68 Stat. 1241; Pub. L. 91–350, § 1(b), July 23, 1970, 84 Stat. 449; Pub. L. 92–415, § 1, Aug. 29, 1972, 86 Stat. 652; Pub. L. 95–563, § 14(i), Nov. 1, 1978, 92 Stat. 2391; Pub. L. 96–417, title V, § 509, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 97–164, title I, § 133(a), Apr. 2, 1982, 96 Stat. 39; Pub. L. 102–572, title IX, §§ 902(a), 907(b)(1), Oct. 29, 1992, 106 Stat. 4516, 4519; Pub. L. 104–320, § 12(a), Oct. 19, 1996, 110 Stat. 3874; Pub. L. 110–161, div. D, title VII, § 739(c)(2), Dec. 26, 2007, 121 Stat. 2031; Pub. L. 110–181, div. A, title III, § 326(c), Jan. 28, 2008, 122 Stat. 63; Pub. L. 110–417, [div. A], title X, § 1061(d), Oct. 14, 2008, 122 Stat. 4613; Pub. L. 111–350, § 5(g)(7), Jan. 4, 2011, 124 Stat. 3848; Pub. L. 112–81, div. A, title VIII, § 861(a), Dec. 31, 2011, 125 Stat. 1521.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 250(1) (Mar. 3, 1911, ch. 231; § 145, 36 Stat. 1136).
District courts are given concurrent jurisdiction of certain claims against the United States under section 1346 of this title. (See also reviser’s note under that sec- tion and section 1621 of this title relating to jurisdic- tion of the Tax Court.)
The proviso in section 250(1) of title 28, U.S.C., 1940 ed., relating to claims growing out of the Civil War, commonly known as ‘‘war claims,’’ and other claims which had been reported adversely before March 3, 1887 by any court, department, or commission authorized to determine them, were omitted as obsolete.
The exception in section 250(1) of title 28, U.S.C., 1940 ed., as to pension claims appears in section 1501 of this title.
Words ‘‘in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty, if the United States were suable’’ were omitted as unnecessary since the Court of Claims manifestly, under this section will determine whether a petition against the United States states a cause of action. In any event, the Court of Claims has no admiralty jurisdiction, but the Suits in Admiralty Act, sections 741–752 of title 46, U.S.C., 1940 ed., Shipping, vests exclusive jurisdiction over suits in admiralty against the United States in the district courts. Sanday & Co. v. U.S., 1932, 76 Ct.Cl. 370.
For additional provisions respecting jurisdiction of the court of claims in war contract settlement cases see section 114b of Title 41, U.S.C., 1940 ed., Public Con- tracts.
Changes were made in phraseology.
REFERENCES IN TEXT
Section 6 of the Contract Disputes Act of 1978, re- ferred to in subsec. (a)(2), was classified to section 605 of former Title 41, Public Contracts, and was repealed and restated as subsecs. (a) to (c)(1) and (d) to (h) of section 7103 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.
The Tennessee Valley Authority Act of 1933, referred to in subsec. (c), is act May 18, 1933, ch. 32, 48 Stat. 58, which is classified generally to chapter 12A (§ 831 et seq.) of Title 16, Conservation. For complete classifica- tion of this Act to the Code, see section 831 of Title 16 and Tables.
AMENDMENTS
2011—Subsec. (a)(2). Pub. L. 111–350 substituted ‘‘sec- tion 7104(b)(1) of title 41’’ for ‘‘section 10(a)(1) of the Contract Disputes Act of 1978’’.
Subsec. (b)(6). Pub. L. 112–81 added par. (6). 2008—Subsec. (b)(5). Pub. L. 110–417 struck out par. (5),
as added by Pub. L. 110–161, which read as follows: ‘‘If a private sector interested party commences an action described in paragraph (1) in the case of a public-pri- vate competition conducted under Office of Manage- ment and Budget Circular A–76 regarding performance of an activity or function of a Federal agency, or a de- cision to convert a function performed by Federal em- ployees to private sector performance without a com- petition under Office of Management and Budget Cir- cular A–76, then an official or person described in sec- tion 3551(2)(B) of title 31 shall be entitled to intervene in that action.’’
Pub. L. 110–181 added par. (5). 2007—Subsec. (b)(5). Pub. L. 110–161 added par. (5). 1996—Subsec. (a)(3). Pub. L. 104–320, § 12(a)(2), struck
out par. (3) which read as follows: ‘‘To afford complete relief on any contract claim brought before the con- tract is awarded, the court shall have exclusive juris- diction to grant declaratory judgments and such equi- table and extraordinary relief as it deems proper, in- cluding but not limited to injunctive relief. In exercis- ing this jurisdiction, the court shall give due regard to the interests of national defense and national secu- rity.’’
Subsecs. (b), (c). Pub. L. 104–320, § 12(a)(1), (3), added subsec. (b) and redesignated former subsec. (b) as (c).
1992—Subsec. (a)(1). Pub. L. 102–572, § 902(a)(1), sub- stituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’.
Subsec. (a)(2). Pub. L. 102–572, § 907(b)(1), inserted be- fore period at end ‘‘, including a dispute concerning termination of a contract, rights in tangible or intangi- ble property, compliance with cost accounting stand- ards, and other nonmonetary disputes on which a deci- sion of the contracting officer has been issued under section 6 of that Act’’.
Pub. L. 102–572, § 902(a)(2), substituted ‘‘Court of Fed- eral Claims’’ for ‘‘Claims Court’’.
Subsec. (b). Pub. L. 102–572, § 902(a)(1), substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’.
1982—Subsec. (a)(1). Pub. L. 97–164 designated first two sentences of existing first undesignated paragraph as subsec. (a)(1) and substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’.
Subsec. (a)(2). Pub. L. 97–164 designated third, fourth, and fifth sentences of existing first undesignated para- graph as par. (2) and substituted ‘‘The Claims Court’’ for ‘‘The Court of Claims’’ and ‘‘arising under section 10(a)(1) of the Contract Disputes Act of 1978’’ for ‘‘aris- ing under the Contract Disputes Act of 1978’’.
Subsec. (a)(3). Pub. L. 97–164 added par. (3). Subsec. (b). Pub. L. 97–164 designated existing second
undesignated paragraph as subsec. (b) and substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’, ‘‘conduct of, the Tennessee Valley Authority, or’’ for ‘‘actions of, the Tennessee Valley Authority, nor’’,
Page 382TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE§ 1491
‘‘Tennessee Valley Authority Act of 1933’’ for ‘‘Ten- nessee Valley Authority Act of 1933, as amended,’’, and ‘‘actions by or against the Authority’’ for ‘‘suits by or against the Authority’’.
1980—Pub. L. 96–417 substituted ‘‘Court of Claims of any civil action within the exclusive jurisdiction of the Court of International Trade, or of any action’’ for ‘‘in suits’’ in second par.
1978—Pub. L. 95–563 provided that the Court of Claims would have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor aris- ing under the Contract Disputes Act of 1978.
1972—Pub. L. 92–415 inserted provisions authorizing the court to issue orders directing restoration to office or position, placement in appropriate duty or retire- ment status and correction of applicable records and to issue such orders to any United States official and to remand appropriate matters to administrative and ex- ecutive bodies with proper directions.
1970—Pub. L. 91–350 specified that the term ‘‘express or implied contracts with the United States’’ includes express or implied contracts with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Admin- istration.
1954—Act Sept. 3, 1954, inserted ‘‘; actions involving Tennessee Valley Authority’’ in section catchline and altered the form of first par. to spell out the general ju- risdiction of the Court in paragraph form rather than as clauses of the par.
1953—Act July 28, 1953, substituted ‘‘United States Court of Claims’’ for ‘‘Court of Claims’’ near beginning of section, and inserted last par.
EFFECTIVE DATE OF 2011 AMENDMENT
Pub. L. 112–81, div. A, title VIII, § 861(b), Dec. 31, 2011, 125 Stat. 1521, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to any cause of action filed on or after the first day of the first month beginning more than 30 days after the date of the enactment of this Act [Dec. 31, 2011].’’
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–181, div. A, title III, § 326(d), Jan. 28, 2008, 122 Stat. 63, provided that: ‘‘Subparagraph (B) of sec- tion 3551(2) of title 31, United States Code (as added by subsection (a)), and paragraph (5) of section 1491(b) of title 28, United States Code (as added by subsection (c)), shall apply to—
‘‘(1) a protest or civil action that challenges final selection of the source of performance of an activity or function of a Federal agency that is made pursu- ant to a study initiated under Office of Management and Budget Circular A–76 on or after January 1, 2004; and
‘‘(2) any other protest or civil action that relates to a public-private competition initiated under Office of Management and Budget Circular A–76, or to a deci- sion to convert a function performed by Federal em- ployees to private sector performance without a com- petition under Office of Management and Budget Cir- cular A–76, on or after the date of the enactment of this Act [Jan. 28, 2008].’’
EFFECTIVE DATE OF 2007 AMENDMENT
Paragraph (5) of subsec. (b) of this section applicable to protests and civil actions that challenge final selec- tions of sources of performance of an activity or func- tion of a Federal agency that are made pursuant to studies initiated under Office of Management and Budget Circular A–76 on or after Jan. 1, 2004; and to any other protests and civil actions that relate to public- private competitions initiated under Office of Manage- ment and Budget Circular A–76, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, on or after Dec. 26, 2007, see section 739(c)(3) of Pub. L. 110–161, set
out as a note under section 501 of Title 31, Money and Finance.
Amendment by Pub. L. 110–161 applicable with re- spect to fiscal year 2008 and each succeeding fiscal year, see section 739(e) of Pub. L. 110–161, set out as a note under section 501 of Title 31, Money and Finance.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 12(b) of Pub. L. 104–320 provided that: ‘‘This section [amending this section and section 3556 of Title 31, Money and Finance, and enacting provisions set out as notes under this section and section 3556 of Title 31] and the amendments made by this section shall take ef- fect on December 31, 1996 and shall apply to all actions filed on or after that date.’’
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by section 902(a) of Pub. L. 102–572 effec- tive Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Section 907(b)(2) of Pub. L. 102–572 provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall be effective with respect to all actions filed before, on, or after the date of the enactment of this Act [Oct. 29, 1992], except for those actions which, before such date of enactment, have been the subject of—
‘‘(A) a final judgment of the United States Claims Court, if the time for appeal of that judgment has ex- pired without an appeal having been filed, or
‘‘(B) a final judgment of the Court of Appeals for the Federal Circuit.’’
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 1980 AMENDMENT
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 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, Nov. 1, 1978, 92 Stat. 2391, formerly set out as an Effective Date note under section 601 of former Title 41, Public Contracts.
EFFECTIVE DATE OF 1972 AMENDMENT
Section 2 of Pub. L. 92–415 provided that: ‘‘This Act [amending this section] shall be applicable to all judi- cial proceedings pending on or instituted after the date of its enactment [Aug. 29, 1972].’’
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–350 applicable to claims and civil actions dismissed before or pending on July 23, 1970, if the claim or civil action was based upon a transaction, omission, or breach that occurred not more than six years prior to July 23, 1970, notwith- standing a determination or judgment made prior to July 23, 1970, that the United States district courts or the United States Court of Claims did not have juris- diction to entertain a suit on an express or implied con- tract with a nonappropriated fund instrumentality of the United States, see section 2 of Pub. L. 91–350, set out as a note under section 1346 of this title.
SAVINGS PROVISION
Section 12(e) of Pub. L. 104–320 provided that: ‘‘(1) ORDERS.—A termination under subsection (d) [set
out below] shall not terminate the effectiveness of or-
Page 383 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1494
1 So in original. Probably should be ‘‘thereon,’’.
ders that have been issued by a court in connection with an action within the jurisdiction of that court on or before December 31, 2000. Such orders shall continue in effect according to their terms until modified, termi- nated, superseded, set aside, or revoked by a court of competent jurisdiction or by operation of law.
‘‘(2) PROCEEDINGS AND APPLICATIONS.—(A) a termi- nation under subsection (d) shall not affect the juris- diction of a court of the United States to continue with any proceeding that is pending before the court on De- cember 31, 2000.
‘‘(B) Orders may be issued in any such proceeding, ap- peals may be taken therefrom, and payments may be made pursuant to such orders, as if such termination had not occurred. An order issued in any such proceed- ing shall continue in effect until modified, terminated, superseded, set aside, or revoked by a court of com- petent jurisdiction or by operation of law.
‘‘(C) Nothing in this paragraph prohibits the dis- continuance or modification of any such proceeding under the same terms and conditions and to the same extent that proceeding could have been discontinued or modified absent such termination.’’
SUNSET PROVISION
Section 12(d) of Pub. L. 104–320 provided that: ‘‘The jurisdiction of the district courts of the United States over the actions described in section 1491(b)(1) of title 28, United States Code (as amended by subsection (a) of this section) shall terminate on January 1, 2001 unless extended by Congress. The savings provisions in sub- section (e) [set out above] shall apply if the bid protest jurisdiction of the district courts of the United States terminates under this subsection.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, set out as a note under section 542 of Title 6.
STUDY ON CONCURRENT JURISDICTION
Pub. L. 104–320, § 12(c), Oct. 19, 1996, 110 Stat. 3875, re- quired that, no earlier than 2 years after Dec. 31, 1996, the General Accounting Office was to undertake a study regarding the concurrent jurisdiction of the dis- trict courts of the United States and the Court of Fed- eral Claims over bid protests to determine whether con- current jurisdiction was necessary, which study was to be completed no later than Dec. 31, 1999, and was to spe- cifically consider the effect of any proposed change on the ability of small businesses to challenge violations of Federal procurement law.
§ 1492. Congressional reference cases
Any bill, except a bill for a pension, may be re- ferred by either House of Congress to the chief judge of the United States Court of Federal Claims for a report in conformity with section 2509 of this title.
(June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 89–681, § 1, Oct. 15, 1966, 80 Stat. 958; Pub. L. 97–164, title I, § 133(b), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
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 provi- sion of section 257 of title 28, U.S.C., 1940 ed. The proce- dural provisions are incorporated in section 2509 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 ‘‘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 sec- tion 2509 of this title for provisions giving the Court of Claims jurisdiction to report to either House of Con- gress 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 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.
[§ 1493. Repealed. July 28, 1953, ch. 253, § 8, 67 Stat. 226]
Section, act June 25, 1948, ch. 646, 62 Stat. 941, author- ized Court of Claims to give legal advice to heads of ex- ecutive departments in matters referred to it by the heads, if Court had jurisdiction over the matters.
§ 1494. Accounts of officers, agents or contractors
The United States Court of Federal Claims shall have jurisdiction to determine the amount, if any, due to or from the United States by rea- son of any unsettled account of any officer or agent of, or contractor with, the United States, or a guarantor, surety or personal representa- tive 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 Gov- ernment 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; Pub. L. 97–164, title I, § 133(c)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
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
1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’.
Page 384TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE§ 1495
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 judg- ment thereon,’’.
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.
§ 1495. Damages for unjust conviction and im- prisonment; claim against United States
The United States Court of Federal Claims 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; Pub. L. 97–164, title I, § 133(c)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
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 re- mainder is incorporated in section 2513 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.
§ 1496. Disbursing officers’ claims
The United States Court of Federal Claims 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; Pub. L. 97–164, title I, § 133(c)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
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 re- sponsible,’’ 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
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.
§ 1497. Oyster growers’ damages from dredging operations
The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for damages to oyster growers on pri- vate or leased lands or bottoms arising from dredging operations or use of other machinery and equipment in making river and harbor im- provements authorized by Act of Congress.
(June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 97–164, title I, § 133(c), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
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 sub- stituted for ‘‘such improvements’’, in view of Dixon v. U.S., 103 Ct. Cl. 160, holding that words, ‘‘such improve- ments’’ were not limited to the specific improvements listed in the 1935 act, but applied to any river and har- bor improvements.
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 ‘‘growers’ ’’ for ‘‘growers,’’ in section catchline, and ‘‘United States Claims Court’’ for ‘‘Court of Claims’’ in text.
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.
Page 385 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1498
1 So in original. Probably should be ‘‘Notwithstanding’’.
§ 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 own- er’s remedy shall be by action against the United States in the United States Court of Fed- eral Claims for the recovery of his reasonable and entire compensation for such use and manu- facture. Reasonable and entire compensation shall include the owner’s reasonable costs, in- cluding reasonable fees for expert witnesses and attorneys, in pursuing the action if the owner is an independent inventor, a nonprofit organiza- tion, or an entity that had no more than 500 em- ployees at any time during the 5-year period preceding the use or manufacture of the pat- ented invention by or for the United States. Nothwithstanding 1 the preceding sentences, un- less the action has been pending for more than 10 years from the time of filing to the time that the owner applies for such costs and fees, rea- sonable and entire compensation shall not in- clude such costs and fees if the court finds that the position of the United States was substan- tially justified or that special circumstances make an award unjust.
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 posses- sion 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 con- fer a right of action on any patentee or any as- signee of such patentee with respect to any in- vention 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 de- velopment, or in the making of which Govern- ment 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, sub- contractor, or any person, firm, or corporation acting for the Government and with the author- ization or consent of the Government, the exclu- sive action which may be brought for such in- fringement shall be an action by the copyright owner against the United States in the Court of Federal Claims for the recovery of his reason- able and entire compensation as damages for
such infringement, including the minimum stat- utory damages as set forth in section 504(c) of title 17, United States Code: Provided, That a Government employee shall have a right of ac- tion against the Government under this sub- section except where he was in a position to order, influence, or induce use of the copy- righted work by the Government: Provided, how- ever, That this subsection shall not confer a right of action on any copyright owner or any assignee of such owner with respect to any copy- righted 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 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 appro- priate corporation owned or controlled by the United States or the head of the appropriate de- partment or agency of the Government, as the case may be, is authorized to enter into an agreement with the copyright owner in full set- tlement and compromise for the damages accru- ing to him by reason of such infringement and to settle the claim administratively out of available appropriations.
Except as otherwise provided by law, no recov- ery shall be had for any infringement of a copy- right covered by this subsection committed more than three years prior to the filing of the complaint or counterclaim for infringement in the action, except that the period between the date of receipt of a written claim for compensa- tion by the Department or agency of the Gov- ernment or corporation owned or controlled by the United States, as the case may be, having authority to settle such claim and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the three years, un- less suit is brought before the last-mentioned date.
(c) The provisions of this section shall not apply to any claim arising in a foreign country.
(d) Hereafter, whenever a plant variety pro- tected by a certificate of plant variety protec- tion 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 Gov- ernment, the exclusive remedy of the owner of such certificate shall be by action against the United States in the Court of Federal Claims for the recovery of his reasonable and entire com- pensation 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: Pro- vided, 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 em-
Page 386TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE§ 1499
ployee, or in the preparation of which Govern- ment time, material, or facilities were used: And provided further, That before such action against the United States has been instituted, the ap- propriate 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 appro- priations.
(e) Subsections (b) and (c) of this section apply to exclusive rights in mask works under chapter 9 of title 17, and to exclusive rights in designs under chapter 13 of title 17, to the same extent as such subsections apply to copyrights.
(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; Pub. L. 86–726, §§ 1, 4, Sept. 8, 1960, 74 Stat. 855, 856; Pub. L. 91–577, title III, § 143(d), Dec. 24, 1970, 84 Stat. 1559; Pub. L. 94–553, title I, § 105(c), Oct. 19, 1976, 90 Stat. 2599; Pub. L. 97–164, title I, § 133(d), Apr. 2, 1982, 96 Stat. 40; Pub. L. 100–702, title X, § 1020(a)(6), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 102–572, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–308, § 1(a), Oct. 19, 1996, 110 Stat. 3814; Pub. L. 105–147, § 3, Dec. 16, 1997, 111 Stat. 2680; Pub. L. 105–304, title V, § 503(d), Oct. 28, 1998, 112 Stat. 2917.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on section 68 of title 35, U.S.C., 1940 ed., Pat- ents (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 avail- able to defendants in patent infringement suits were omitted as unnecessary. In the absence of statutory re- striction, 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 ap- proved on Sept. 8, 1960.
The copyright laws of the United States, referred to in subsec. (b), are classified generally to Title 17, Copy- rights.
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
1998—Subsec. (e). Pub. L. 105–304 inserted ‘‘, and to exclusive rights in designs under chapter 13 of title 17,’’ after ‘‘title 17’’.
1997—Subsec. (b). Pub. L. 105–147, § 3, substituted ‘‘ac- tion which may be brought for such infringement shall be an action by the copyright owner’’ for ‘‘remedy of the owner of such copyright shall be by action’’.
1996—Subsec. (a). Pub. L. 104–308 inserted at end of first par. ‘‘Reasonable and entire compensation shall include the owner’s reasonable costs, including reason-
able fees for expert witnesses and attorneys, in pursu- ing the action if the owner is an independent inventor, a nonprofit organization, or an entity that had no more than 500 employees at any time during the 5-year period preceding the use or manufacture of the pat- ented invention by or for the United States. Nothwithstanding the preceding sentences, unless the action has been pending for more than 10 years from the time of filing to the time that the owner applies for such costs and fees, reasonable and entire compensa- tion shall not include such costs and fees if the court finds that the position of the United States was sub- stantially justified or that special circumstances make an award unjust.’’
1992—Subsec. (a). Pub. L. 102–572, § 902(a)(1), sub- stituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’.
Subsecs. (b), (d). Pub. L. 102–572, § 902(a)(2), sub- stituted ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’.
1988—Subsec. (e). Pub. L. 100–702 added subsec. (e). 1982—Subsec. (a). Pub. L. 97–168, § 133(d)(1), sub-
stituted ‘‘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—Pub. L. 86–726, § 4, substituted ‘‘Patent and
copyright cases’’ for ‘‘Patent cases’’ in section catch- line.
Pub. L. 86–726, § 1, designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
1952—Act July 17, 1952, allowed Government employ- ees to maintain patent suits against the United States in certain instances.
1951—Act Oct. 31, 1951, inserted second par. 1949—Act May 29, 1949, conformed first par. of section
to original law.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 1(b) of Pub. L. 104–308 provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion] shall apply to actions under section 1498(a) of title 28, United States Code, that are pending on, or brought on or after, the date of the enactment of this Act [Oct. 19, 1996].’’
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 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 Con- gress under article I of section 6 of the Constitution of the United States.’’
§ 1499. Liquidated damages withheld from con- tractors under chapter 37 of title 40
The United States Court of Federal Claims shall have jurisdiction to render judgment upon
Page 387 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1502
any claim for liquidated damages withheld from a contractor or subcontractor under section 3703 of title 40.
(June 25, 1948, ch. 646, 62 Stat. 942; Pub. L. 87–581, title II, § 202(a), Aug. 13, 1962, 76 Stat. 360; Pub. L. 97–164, title I, § 133(e)(1), (2)(A), Apr. 2, 1982, 96 Stat. 40, 41; Pub. L. 101–650, title III, § 325(b)(7), Dec. 1, 1990, 104 Stat. 5121; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 107–217, § 3(g)(3), Aug. 21, 2002, 116 Stat. 1299; Pub. L. 109–284, § 4(2), Sept. 27, 2006, 120 Stat. 1211.)
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 provi- sion in the last clause of section 324 of title 40, U.S.C., 1940 ed.
Changes in phraseology were made.
AMENDMENTS
2006—Pub. L. 109–284 substituted ‘‘chapter 37 of title 40’’ for ‘‘Contract Work Hours and Safety Standards Act’’ in section catchline.
2002—Pub. L. 107–217 substituted ‘‘section 3703 of title 40’’ for ‘‘section 104 of the Contract Work Hours and Safety Standards Act’’.
1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’.
1990—Pub. L. 101–650 substituted ‘‘Hours and Safety Standards’’ for ‘‘Hours Standards’’ in text.
1982—Pub. L. 97–164 substituted ‘‘Contract Work Hours and Safety Standards Act’’ for ‘‘Contract Work Hours Standards Act’’ in section catchline and ‘‘United States Claims Court’’ for ‘‘Court of Claims’’ in text.
1962—Pub. L. 87–581 amended section generally, sub- stituting ‘‘Liquidated damages withheld from contrac- tors under Contract Work Hours Standards Act’’ for ‘‘Penalties imposed against contractors under eight hour law’’ in section catchline, and ‘‘liquidated dam- ages withheld from a contractor or subcontractor under section 104 of the Contract Work Hours Standards Act’’ for ‘‘a penalty withheld from a contractor or sub- contractor under section 324 of Title 40’’ in text.
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 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, Aug. 13, 1962, 76 Stat. 360.
CONTINUED JURISDICTION UPON CLAIMS UNDER SECTION 324 OF FORMER TITLE 40
Pub. L. 87–581, title II, § 202(b), Aug. 13, 1962, 76 Stat. 360, provided that the Court of Claims (now United States Court of Federal Claims) was to continue to have jurisdiction to render judgment upon certain claims for a penalty withheld from a contractor or sub- contractor under section 324 of former Title 40, Public Buildings, Property, and Works, in connection with any contract subject to that section existing on the date sixty days after Aug. 13, 1962, or thereafter entered into pursuant to invitations for bids that were outstanding on Aug. 13, 1962.
§ 1500. Pendency of claims in other courts
The United States Court of Federal Claims 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 there- to, acting or professing to act, directly or indi- rectly under the authority of the United States.
(June 25, 1948, ch. 646, 62 Stat. 942; Pub. L. 97–164, title I, § 133(e)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
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 there- from’’ were omitted as unnecessary.
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.
§ 1501. Pensions
The United States Court of Federal Claims shall not have jurisdiction of any claim for a pension.
(June 25, 1948, ch. 646, 62 Stat. 942; Pub. L. 97–164, title I, § 133(e)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
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
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.
§ 1502. Treaty cases
Except as otherwise provided by Act of Con- gress, the United States Court of Federal Claims
Page 388TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE§ 1503
shall not have jurisdiction of any claim against the United States growing out of or dependent upon any treaty entered into with foreign na- tions.
(June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, § 88, 63 Stat. 102; Pub. L. 97–164, title I, § 133(e)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
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 sec- tion 153 of the Judicial Code of 1911 by striking there- from the words ‘‘or with Indian tribes.’’ Such section 153 of the Judicial Code was the source of such section 1502.
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’’.
1949—Act May 24, 1949, struck out ‘‘or with Indian tribes’’ after ‘‘foreign nations’’.
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.
§ 1503. Set-offs
The United States Court of Federal Claims shall have jurisdiction to render judgment upon any set-off or demand by the United States against any plaintiff in such court.
(June 25, 1948, ch. 646, 62 Stat. 942; Pub. L. 97–164, title I, § 133(e)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
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 pro- viso, 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
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.
[§ 1504. Repealed. Pub. L. 97–164, title I, § 133(f), Apr. 2, 1982, 96 Stat. 41]
Section, act June 25, 1948, ch. 646, 62 Stat. 942, di- rected that the Court of Claims have jurisdiction to re- view by appeal final judgments in the district courts in civil actions based on tort claims brought under sec- tion 1346(b) of this title if the notice of appeal filed in the district court had affixed to it a written consent on behalf of the appellees that the appeal be taken to the Court of Claims.
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.
§ 1505. Indian claims
The United States Court of Federal Claims shall have jurisdiction of any claim against the United States accruing after August 13, 1946, in favor of any tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska whenever such claim is one arising under the Constitution, laws or treaties of the United States, or Executive orders of the President, or is one which otherwise would be cognizable in the Court of Federal Claims if the claimant were not an Indian tribe, band or group.
(Added May 24, 1949, ch. 139, § 89(a), 63 Stat. 102; amended Pub. L. 97–164, title I, § 133(g), Apr. 2, 1982, 96 Stat. 41; Pub. L. 102–572, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4516.)
HISTORICAL AND REVISION NOTES
1949 Act
Section 1505 is added to title 28, U.S.C., by this amendment to incorporate the act of August 13, 1946 (ch. 959, § 24, 60 Stat. 1055), which was originally classi- fied to title 28, U.S.C., but was later transferred to title 25 of such code. Since such section 24 deals with juris- diction of the Court of Claims it should be in title 28.
This amendatory section omits as surplusage all pro- visions of said section 24 except the first sentence, as being fully covered by the express provisions of sec- tions 1503 and 2501 and other provisions of chapter 165 of title 28, U.S.C., relating to Court of Claims proce- dure.
The proviso of such section 24 is omitted as unneces- sary since the provision conferring jurisdiction cannot in any view alter the relationship of the Government with its Indians.
The omitted language is as follows: ‘‘In any suit brought under the jurisdiction conferred by this section the claimant shall be entitled to recover in the same manner, to the same extent, and subject to the same conditions and limitations, and the United States shall be entitled to the same defenses, both at law and in eq- uity, and to the same offsets, counterclaims, and de- mands, as in cases brought in the Court of Claims under section 250 of this title: Provided, however, That
Page 389 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1509
nothing contained in this section shall be construed as altering the fiduciary or other relations between the United States and the several Indian tribes, bands, or groups.’’
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’’.
1982—Pub. L. 97–164 substituted ‘‘The United States Claims Court shall have jurisdiction’’ for ‘‘The Court of Claims shall have jurisdiction’’ and ‘‘cognizable in the Claims Court’’ for ‘‘cognizable in the 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.
[§ 1506. Repealed. Pub. L. 97–164, title I, § 133(h), Apr. 2, 1982, 96 Stat. 41]
Section, added Pub. L. 86–770, § 2(a), Sept. 13, 1960, 74 Stat. 912, provided that if a case within the exclusive jurisdiction of the district courts was filed in the Court of Claims, the Court of Claims, if it were in the interest of justice, had to transfer such case to any district court in which it could have been brought at the time such case was filed, where the case would proceed as if it had been filed in the district court on the date it was filed in the Court of Claims.
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.
§ 1507. Jurisdiction for certain declaratory judg- ments
The United States Court of Federal Claims shall have jurisdiction to hear any suit for and issue a declaratory judgment under section 7428 of the Internal Revenue Code of 1986.
(Added Pub. L. 94–455, title XIII, § 1306(b)(9)(A), Oct. 4, 1976, 90 Stat. 1720; amended Pub. L. 97–164, title I, § 133(i), Apr. 2, 1982, 96 Stat. 41; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
REFERENCES IN TEXT
Section 7428 of the Internal Revenue Code of 1986, re- ferred to in text, is classified to section 7428 of Title 26, Internal Revenue Code.
AMENDMENTS
1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’.
1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’.
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.
EFFECTIVE DATE
Section applicable with respect to pleadings filed with the United States Tax Court, the district court of the United States for the District of Columbia, or the United States Court of Claims more than 6 months after Oct. 4, 1976, but only with respect to determina- tions (or requests for determinations) made after Jan. 1, 1976, see section 1306(c) of Pub. L. 94–455, set out as a note under section 7428 of Title 26, Internal Revenue Code.
§ 1508. Jurisdiction for certain partnership pro- ceedings
The Court of Federal Claims shall have juris- diction to hear and to render judgment upon any petition under section 6226 or 6228(a) of the In- ternal Revenue Code of 1986.
(Added Pub. L. 97–248, title IV, § 402(c)(18)(A), Sept. 3, 1982, 96 Stat. 669; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–572, title IX, § 902(a)(2), Oct. 29, 1992, 106 Stat. 4516.)
REFERENCES IN TEXT
Sections 6226 and 6228(a) of the Internal Revenue Code of 1986, referred to in text, are classified to sections 6226 and 6228(a) of Title 26, Internal Revenue Code.
AMENDMENTS
1992—Pub. L. 102–572 substituted ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’.
1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’.
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 applicable to partnership taxable years be- ginning after Sept. 3, 1982, with provision for the appli- cability of this section to any partnership taxable year ending after Sept. 3, 1982, if the partnership, each part- ner, and each indirect partner requests such applica- tion and the Secretary of the Treasury or his delegate consents to such application, see section 407(a)(1), (3) of Pub. L. 97–248, set out as a note under section 6221 of Title 26, Internal Revenue Code.
§ 1509. No jurisdiction in cases involving refunds of tax shelter promoter and understatement penalties
The United States Court of Federal Claims shall not have jurisdiction to hear any action or proceeding for any refund or credit of any pen- alty imposed under section 6700 of the Internal Revenue Code of 1986 (relating to penalty for promoting abusive tax shelters, etc.) or section 6701 of such Code (relating to penalties for aid- ing and abetting understatement of tax liabil- ity).
(Added Pub. L. 98–369, div. A, title VII, § 714(g)(2), July 18, 1984, 98 Stat. 962; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
REFERENCES IN TEXT
Sections 6700 and 6701 of the Internal Revenue Code of 1986, referred to in text, are classified to sections 6700 and 6701, respectively, of Title 26, Internal Revenue Code.
Page 390TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE[§§ 1541 to 1546
1 See References in Text note below.
AMENDMENTS
1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’.
1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’.
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 714(g)(4) of Pub. L. 98–369 provided that: ‘‘The amendments made by this subsection [enacting this section and amending section 7422 of Title 26, Internal Revenue Code] shall apply to any claim for refund or credit filed after the date of the enactment of this Act [July 18, 1984].’’
[CHAPTER 93—REPEALED]
[§§ 1541 to 1546. Repealed. Pub. L. 97–164, title I, § 134, Apr. 2, 1982, 96 Stat. 41]
Section 1541, acts June 25, 1948, ch. 646, 62 Stat. 942; June 2, 1970, Pub. L. 91–271, title I, § 102, 84 Stat. 274; July 26, 1979, Pub. L. 96–39, title X, § 1001(b)(4)(A), 93 Stat. 305; Oct. 10, 1980, Pub. L. 96–417, title IV, § 401(a), title V, § 501(23), (24), 94 Stat. 1740, 1742, gave the Court of Customs and Patent Appeals exclusive jurisdiction of appeals from all final decisions of the Court of Inter- national Trade and from interlocutory orders of the Court of International Trade granting, continuing, modifying, refusing, or dissolving injunctions, or refus- ing to dissolve or modify injunctions, and with discre- tion to entertain appeals from certain orders of the Court of International Trade. See section 1295(a)(5) of this title.
Section 1542, acts June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, § 89(b), 63 Stat. 102, gave the Court of Customs and Patent Appeals jurisdiction of appeals from decisions of the Board of Appeals and the Board of Interference Examiners of the Patent Office as to pat- ent applications and interferences, at the instance of an applicant for a patent or any party to a patent in- terference, with such appeal by an applicant to waive his right to proceed under section 63 of Title 35, and the Commissioner of Patents as to trademark applications and proceedings as provided in section 1071 of Title 15. See section 1295(a)(4) of this title.
Section 1543, acts June 25, 1948, ch. 646, 62 Stat. 943; Oct. 10, 1980, Pub. L. 96–417, title IV, § 401(b)(1), 94 Stat. 1740, gave the Court of Customs and Patent Appeals ju- risdiction to review final determinations of the United States International Trade Commission made under section 337 of the Tariff Act of 1930 relating to unfair trade practices in import trade. See section 1295(a)(6) of this title.
Section 1544, added Pub. L. 89–651, § 8(c)(1), Oct. 14, 1966, 80 Stat. 901, gave the Court of Customs and Patent Appeals jurisdiction to review, by appeal on questions of law only, findings of the Secretary of Commerce under headnote 6 to schedule 8, part 4, of the Tariff Schedules of the United States (relating to importation of instruments or apparatus). See section 1295(a)(7) of this title.
Section 1545, added Pub. L. 91–577, title III, § 143(a), Dec. 24, 1970, 84 Stat. 1558, gave the Court of Customs and Patent Appeals nonexclusive jurisdiction of ap- peals under section 71 of the Plant Variety Protection Act, classified to section 2461 of Title 7, Agriculture. See section 1295(a)(8) of this title.
Section 1546, added Pub. L. 96–417, title IV, § 402(a), Oct. 10, 1980, 94 Stat. 1740, gave the Court of Customs and Patent Appeals all of the powers in law and in eq- uity of, or conferred by statute upon, a court of appeals of the United States.
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.
CHAPTER 95—COURT OF INTERNATIONAL TRADE
Sec.
1581. Civil actions against the United States and agencies and officers thereof.
1582. Civil actions commenced by the United States.
1583. Counterclaims, cross-claims, and third-party actions.
1584. Civil actions under the North American Free Trade Agreement or the United States-Can- ada Free-Trade Agreement.
1585. Powers in law and equity.
AMENDMENTS
1993—Pub. L. 103–182, title IV, § 414(a)(3), Dec. 8, 1993, 107 Stat. 2147, inserted ‘‘the North American Free Trade Agreement or’’ in item 1584.
1988—Pub. L. 100–449, title IV, § 402(d)(2), Sept. 28, 1988, 102 Stat. 1884, added item 1584.
1982—Pub. L. 97–164, title I, § 135, Apr. 2, 1982, 96 Stat. 41, struck out item 1584 ‘‘Cure of defects’’.
1980—Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1728, substituted ‘‘COURT OF INTERNATIONAL TRADE’’ for ‘‘CUSTOMS COURT’’ in heading for chap- ter 95, ‘‘Civil actions against the United States and agencies and officers thereof’’ for ‘‘Powers generally’’ in item 1581, ‘‘Civil actions commenced by the United States’’ for ‘‘Jurisdiction of the Customs Court’’ in item 1582, and added items 1583 to 1585.
§ 1581. Civil actions against the United States and agencies and officers thereof
(a) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to contest the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930.
(b) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516 of the Tariff Act of 1930.
(c) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516A of the Tariff Act of 1930.
(d) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review—
(1) any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act;
(2) any final determination of the Secretary of Commerce under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act;
(3) any final determination of the Secretary of Commerce under section 273 1 of the Trade Act of 1974 with respect to the eligibility of a community for adjustment assistance under such Act; and
(4) any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 (19 U.S.C. 2401b) 1 with re- spect to the eligibility of a group of agricul-