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119th Congress

Title 28 — Judiciary and Judicial Procedure

Part IV · Chapter 85 — District Courts; Jurisdiction

§ 1346. United States as defendant

Statutory text

(a)

The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of:

(1)

Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws;

(2)

Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 7104(b)(1) and 7107(a)(1) of title 41. For the purpose of this paragraph, an express or implied contract 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 Administration shall be considered an express or implied contract with the United States.

(b)
(1)

Subject to the provisions of chapter 171 of this title, the district courts, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after , for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

(2)

No person convicted of a felony who is incarcerated while awaiting sentencing or while serving a sentence may bring a civil action against the United States or an agency, officer, or employee of the Government, for mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act (as defined in section 2246 of title 18).

(c)

The jurisdiction conferred by this section includes jurisdiction of any set-off, counterclaim, or other claim or demand whatever on the part of the United States against any plaintiff commencing an action under this section.

(d)

The district courts shall not have jurisdiction under this section of any civil action or claim for a pension.

(e)

The district courts shall have original jurisdiction of any civil action against the United States provided in section 6226, 6228(a), 7426, or 7428 (in the case of the United States district court for the District of Columbia) or section 7429 of the Internal Revenue Code of 1986.

(f)

The district courts shall have exclusive original jurisdiction of civil actions under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States.

(g)

Subject to the provisions of chapter 179, the district courts of the United States shall have exclusive jurisdiction over any civil action commenced under section 453(2) of title 3, by a covered employee under chapter 5 of such title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 1346

    June 25, 1948, ch. 646, 62 Stat. 933

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 933

  2. Public Law not identified

    Inserted · 28 U.S.C. § 1346(a)(1)

    Subsec. (a)(1). Act May 24, 1949, § 80(a), inserted “, (i) if the claim does not exceed $10,000 or (ii)”

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a)(1). Act May 24, 1949, § 80(a), inserted “, (i) if the claim does not exceed $10,000 or (ii)”.

  3. Public Law not identified

    Inserted · 28 U.S.C. § 1346(b)

    Subsec. (b). Acts Apr. 25, 1949, and May 24, 1949, § 80(b), made a technical change to correct “chapter 173” to read “chapter 171”, and inserted “on and after January 1, 1945” after “for money damages”

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Acts Apr. 25, 1949, and May 24, 1949, § 80(b), made a technical change to correct “chapter 173” to read “chapter 171”, and inserted “on and after January 1, 1945” after “for money damages”.

  4. Public Law not identified

    Inserted · 28 U.S.C. § 1346(d)

    Subsec. (d). Act Oct. 31, 1951, inserted references to “claim” and “employees”

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (d). Act Oct. 31, 1951, inserted references to “claim” and “employees”.

  5. Public Law not identified

    Struck · 28 U.S.C. § 1346(a)(1)

    Subsec. (a)(1). Act July 30, 1954, struck out language imposing jurisdictional limitation of $10,000 on suits to recover taxes

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a)(1). Act July 30, 1954, struck out language imposing jurisdictional limitation of $10,000 on suits to recover taxes.

  6. Pub. L. 85–508 § 12(e) · 72 Stat. 339

    Struck · 28 U.S.C. § 1346(b)

    Pub. L. 85–508 struck out reference to District Court for Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 85–508 struck out reference to District Court for Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.

    Enacted provision · exact public law section
    (e) The words “the District Court for the Territory of Alaska,” are stricken out wherever they appear in sections 333, 460, 610, 753, 1252, 1291, 1292, and 1346 of title 28, United States Code;

  7. Pub. L. 88–519 · 78 Stat. 699

    Struck · 28 U.S.C. § 1346(d)

    Pub. L. 88–519 struck out provisions which prohibited district courts from exercising jurisdiction of civil actions or claims to recover fees, salary, or compensation for official services of officers or employees of the United States

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 88–519 struck out provisions which prohibited district courts from exercising jurisdiction of civil actions or claims to recover fees, salary, or compensation for official services of officers or employees of the United States.

  8. Federal Tax Lien Act of 1966

    Pub. L. 89–719 title II § 202(a) · 80 Stat. 1125

    Added · 28 U.S.C. § 1346(e)

    Pub. L. 89–719 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 89–719 added subsec. (e).

    Enacted provision · exact public law section
    (a) Jurisdiction in Proceedings Brought by Third Parties.— Section 1346 of title 28 of the United States Code is amended by adding at the end thereof the following new subsection: “(e) The district courts shall have original jurisdiction of any civil action against the United States provided in section 7426 of the Ante, p. 1143. Internal Revenue Code of 1954.”

  9. Pub. L. 91–350 § 1(a) · 84 Stat. 449

    Changed · 28 U.S.C. § 1346(a)(2)

    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 Administration

    Source evidence

    Code amendment note
    Subsec. (a)(2). 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 Administration.

  10. Pub. L. 92–562 § 1 · 86 Stat. 1176

    Added · 28 U.S.C. § 1346(f)

    Pub. L. 92–562 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 92–562 added subsec. (f).

  11. Pub. L. 94–455 title XII § 1204(c)(1) · 90 Stat. 1520

    Inserted · 28 U.S.C. § 1346(e)

    Pub. L. 94–455 inserted “or section 7429” and “or section 7428 (in the case of the United States district court for the District of Columbia)”, after “section 7426”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–455 inserted “or section 7429” and “or section 7428 (in the case of the United States district court for the District of Columbia)”, after “section 7426”.

    Enacted provision · exact public law section
    (1) Section 1346(e) of title 28, United States Code (relating to jurisdiction of district courts with the United States as defendant) is amended by inserting “or section 7429” immediately after “section 7426”.

  12. Contract Disputes Act of 1978

    Pub. L. 95–563 § 14(a) · 92 Stat. 2383

    Changed · 28 U.S.C. § 1346(a)(2)

    Pub. L. 95–563 excluded from the jurisdiction of district courts civil actions or claims against the United States founded upon any express or implied contract with the United States or for damages in cases not sounding in tort subject to sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 95–563 excluded from the jurisdiction of district courts civil actions or claims against the United States founded upon any express or implied contract with the United States or for damages in cases not sounding in tort subject to sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978.

    Enacted provision · exact public law section
    (a) The first sentence of section 1346(a)(2) of title 28, United States Code, is amended by inserting before the period a comma and the following: “except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the 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”.

  13. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 title I § 129 · 96 Stat. 25

    Substituted · 28 U.S.C. § 1346(a)

    Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.

    Enacted provision · exact public law section
    Sec. 129. united states as defendant; jurisdiction Section 1346(a) of title 28, United States Code, is amended by striking out “Court of Claims” and inserting in lieu thereof “United States Claims Court”.

  14. Pub. L. 97–248 title IV § 402(c)(17) · 96 Stat. 324

    Substituted · 28 U.S.C. § 1346(e)

    Pub. L. 97–248 substituted “section 6226, 6228(a), 7426, or” for “section 7426 or section”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–248 substituted “section 6226, 6228(a), 7426, or” for “section 7426 or section”.

    Enacted provision · exact public law section
    (17) Subsection (e) of section 1346 of title 28, United States Code (relating to jurisdiction of district courts with the United States as defendant) is amended by striking out “section 7426 or section” and inserting in lieu thereof “section 6226, 6228(a), 7426, or”.

  15. Tax Reform Act of 1986

    Pub. L. 99–514 § 2 · 100 Stat. 2085

    Substituted · 28 U.S.C. § 1346(e)

    Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

    Enacted provision · exact public law section
    SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

  16. Court of Federal Claims Technical and Procedural Improvements Act of 1992

    Pub. L. 102–572 title IX § 902(b)(1) · 106 Stat. 4506

    Substituted · 28 U.S.C. § 1346(a)

    Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

    Enacted provision · exact public law section
    (1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; and

  17. Pub. L. 104–134 title I § 101 · 110 Stat. 1321

    1. Amended · 28 U.S.C. § 1346(b)

      Pub. L. 104–134 designated existing provisions as par. (1)

    2. Added · 28 U.S.C. § 1346(b)

      Pub. L. 104–134 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–134 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  18. Presidential and Executive Office Accountability Act

    Pub. L. 104–331 § 3(b)(1) · 110 Stat. 4053

    Added · 28 U.S.C. § 1346(g)

    Pub. L. 104–331 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–331 added subsec. (g).

    Enacted provision · exact public law section
    (1) Jurisdiction.— Section 1346 of title 28, United States Code, is amended by adding at the end the following: “(g) Subject to the provisions of chapter 179, the district courts of the United States shall have exclusive jurisdiction over any civil action commenced under section 453(2) of title 3, by a covered employee under chapter 5 of such title.”.

    Effective date note
    Amendment by Pub. L. 104–331 effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as an Effective Date note under section 1296 of this title.

  19. Pub. L. 111–350 § 5(g)(6) · 124 Stat. 3677

    Substituted · 28 U.S.C. § 1346(a)(2)

    Pub. L. 111–350 substituted “sections 7104(b)(1) and 7107(a)(1) of title 41” for “sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 111–350 substituted “sections 7104(b)(1) and 7107(a)(1) of title 41” for “sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978”.

    Enacted provision · exact public law section
    (6) In section 1346(a)(2), strike “sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978” and substitute “sections 7104(b)(1) and 7107(a)(1) of title 41”.

  20. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 title XI § 1101(b) · 127 Stat. 54

    Inserted · 28 U.S.C. § 1346(b)(2)

    Pub. L. 113–4 inserted “or the commission of a sexual act (as defined in section 2246 of title 18)” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 113–4 inserted “or the commission of a sexual act (as defined in section 2246 of title 18)” before period at end.

    Enacted provision · exact public law section
    (b) United States as Defendant.— Section 1346(b)(2) of title 28, United States Code, is amended by inserting before the period at the end the following: “or the commission of a sexual act (as defined in section 2246 of title 18)”.

13 of 21 references resolved to an enrolled provision · 4 partial · 4 unresolved

Notes

Historical and Revision Notes
1948 Act

Based on title 28, U.S.C., 1940 ed., §§ 41(20), 931(a), 932 (Mar. 3, 1911, ch. 231, § 24, par. 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136, § 1310(c), 42 Stat. 311; June 2, 1924, ch. 234, § 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb. 26, 1926, ch. 27, §§ 1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946, ch. 753, §§ 410(a), 411, 60 Stat. 843).

Section consolidates provisions of section 41(20) conferring jurisdiction upon the district court, in civil actions against the United States, with the first sentence of section 931(a) relating to jurisdiction of the district courts in tort claims cases, and those provisions of section 932 making the provisions of said section 41(20), relating to counterclaim and set-off, applicable to tort claims cases, all of title 28, U.S.C., 1940 ed.

Provision in section 931(a) of title 28, U.S.C., 1940 ed., for trials without a jury, is incorporated in section 2402 of this revised title. For other provisions thereof, see Distribution Table.

Words “commencing an action under this section” in subsec. (c) of this revised section cover the provision in section 932 of title 28, U.S.C., 1940 ed., requiring that the same provisions “for counterclaim and set-off” shall apply to tort claims cases brought in the district courts.

The phrase in section 931(a) of title 28, U.S.C., 1940 ed., “accruing on and after ” was omitted because executed as of the date of the enactment of this revised title.

Provisions in section 41(20) of title 28, U.S.C., 1940 ed., relating to time for commencing action against United States and jury trial constitute sections 2401 and 2402 of this title. (See reviser’s notes under said sections.)

Words in section 41(20) of title 28, U.S.C., 1940 ed., “commenced after passage of the Revenue Act of 1921” were not included in revised subsection (a)(1) because obsolete and superfluous. Actions under this section involving erroneous or illegal assessments by the collector of taxes would be barred unless filed within the 5-year limitation period of section 1113(a) of the Revenue Act of 1926, 44 Stat. 9, 116. (See United States v. A. S. Kreider Co., 1941, 61 S.Ct. 1007, 313 U.S. 443, 85 L.Ed. 1447.)

Words in section 41(20) of title 28, U.S.C., 1940 ed., “if the collector of internal revenue is dead or is not in office at the time such action or proceeding is commenced” were omitted.

The revised section retains the language of section 41(20) of title 28, U.S.C., 1940 ed., with respect to actions against the United States if the collector is dead or not in office when action is commenced, and consequently maintains the long existing distinctions in practice between actions against the United States and actions against the collector who made the assessment or collection. In the latter class of actions either party may demand a jury trial while jury trial is denied in actions against the United States. See section 2402 of this title. In reality all such actions are against the United States and not against local collectors. (See Lowe v. United States, 1938, 58 S.Ct. 896, 304 U.S. 302, 82 L.Ed. 1362; Manseau v. United States, D.C.Mich. 1943, 52 F.Supp. 395, and Combined Metals Reduction Co. v. United States, D.C.Utah 1943, 53 F.Supp. 739.)

The revised subsection (c)(1) omitted clause: “but no suit pending on the 27th day of June 1898 shall abate or be affected by this provision,” contained in section 41(20) of title 28, U.S.C., 1940 ed., as obsolete and superfluous. The words contained in section 41(20) of title 28, U.S.C., 1940 ed., “claims growing out of the Civil War, and commonly known as ‘war-claims,’ or to hear and determine other claims which had been reported adversely prior to the 3d day of March 1887 by any court, department, or commission authorized to have and determine the same,” were omitted for the same reason.

The words “in a civil action or in admiralty,” in subsection (a)(2), were substituted for “either in a court of law, equity, or admiralty” to conform to Rule 2 of the Federal Rules of Civil Procedure.

Words in section 41(20) “in respect to 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 from subsection (a)(2) of this revised section as unnecessary. See reviser’s note under section 1491 of this title.

For jurisdiction of The Tax Court to review claims for refunds of processing taxes collected under the unconstitutional Agriculture Adjustment Act, see sections 644–659 of title 7, U.S.C., 1940 ed., Agriculture, and the 1942 Revenue Act, Act Oct. 21, 1942, ch. 610, title V, § 510(a), (c), (d), 56 Stat. 667. (See, also, Lamborn v. United States, C.C.P.A. 1939, 104 F.2d 75, certiorari denied 60 S.Ct. 115, 308 U.S. 589, 84 L.Ed. 493.)

See, also, reviser’s note under section 1491 of this title as to jurisdiction of the Court of Claims in suits against the United States generally. For venue of actions under this section, see section 1402 of this title and reviser’s note thereunder.

Minor changes were made in phraseology.

Senate Revision Amendment

The provision of title 28, U.S.C., § 932, which related to application of the Federal Rules of Civil Procedure, were originally set out in section 2676 of this revised title, but such section 2676 was eliminated by Senate amendment. See 80th Congress Senate Report No. 1559, amendment No. 61.

1949 Act

This section corrects typographical errors in section 1346(a)(1) of title 28, U.S.C., and in section 1346(b) of such title.

Editorial Notes

References in Text

Sections 6226, 6228(a), 7426, 7428, and 7429 of the Internal Revenue Code of 1986, referred to in subsec. (e), are classified to sections 6226, 6228(a), 7426, 7428, and 7429, respectively, of Title 26, Internal Revenue Code. Section 6226 of Title 26 was repealed and reenacted by Pub. L. 114–74, title XI, § 1101(a), (c)(1), , 129 Stat. 625, 630, and as so reenacted no longer relates to judicial review, see section 6234 of Title 26. Section 6228 of Title 26 was repealed by Pub. L. 114–74, title XI, § 1101(a), , 129 Stat. 625.

Amendments1949–2013 · 16 rounds

2013

Subsec. (b)(2). Pub. L. 113–4 inserted “or the commission of a sexual act (as defined in section 2246 of title 18)” before period at end.

2011

Subsec. (a)(2). Pub. L. 111–350 substituted “sections 7104(b)(1) and 7107(a)(1) of title 41” for “sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978”.

1996

Subsec. (b). Pub. L. 104–134 designated existing provisions as par. (1) and added par. (2).

Subsec. (g). Pub. L. 104–331 added subsec. (g).

1992

Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1986

Subsec. (e). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

1982

Subsec. (a). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.

Subsec. (e). Pub. L. 97–248 substituted “section 6226, 6228(a), 7426, or” for “section 7426 or section”.

1978

Subsec. (a)(2). Pub. L. 95–563 excluded from the jurisdiction of district courts civil actions or claims against the United States founded upon any express or implied contract with the United States or for damages in cases not sounding in tort subject to sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978.

1976

Subsec. (e). Pub. L. 94–455 inserted “or section 7429” and “or section 7428 (in the case of the United States district court for the District of Columbia)”, after “section 7426”.

1972

Subsec. (f). Pub. L. 92–562 added subsec. (f).

1970

Subsec. (a)(2). 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 Administration.

1966

Subsec. (e). Pub. L. 89–719 added subsec. (e).

1964

Subsec. (d). Pub. L. 88–519 struck out provisions which prohibited district courts from exercising jurisdiction of civil actions or claims to recover fees, salary, or compensation for official services of officers or employees of the United States.

1958

Subsec. (b). Pub. L. 85–508 struck out reference to District Court for Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.

1954

Subsec. (a)(1). Act , struck out language imposing jurisdictional limitation of $10,000 on suits to recover taxes.

1951

Subsec. (d). Act , inserted references to “claim” and “employees”.

1949

Subsec. (a)(1). Act , § 80(a), inserted “, (i) if the claim does not exceed $10,000 or (ii)”.

Subsec. (b). Acts , and , § 80(b), made a technical change to correct “chapter 173” to read “chapter 171”, and inserted “on and after ” after “for money damages”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–331 effective , see section 3(d) of Pub. L. 104–331, set out as an Effective Date note under section 1296 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective , 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. 97–248 applicable to partnership taxable years beginning after , with provision for the applicability of the amendment to any partnership taxable year ending after , if the partnership, each partner, and each indirect partner requests such application 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 702 of Title 26, Internal Revenue Code.

Amendment by Pub. L. 97–164 effective , see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–563 effective with respect to contracts entered into 120 days after 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, , 92 Stat. 2391, formerly set out as an Effective Date note under section 601 of former Title 41, Public Contracts.

Effective Date of 1970 Amendment

Pub. L. 91–350, § 2, , 84 Stat. 449, provided that:

“(a)

In addition to granting jurisdiction over suits brought after the date of enactment of this Act [], the provisions of this Act [amending this section and section 1491 of this title and section 724a of former Title 31, Money and Finance] shall also apply to claims and civil actions dismissed before or pending on the date of enactment of this Act if the claim or civil action is based upon a transaction, omission, or breach that occurred not more than six years prior to the date of enactment of this Act [].

“(b)

The provisions of subsection (a) of this section shall apply notwithstanding a determination or judgment made prior to the date of enactment of this Act that the United States district courts or the United States Court of Claims did not have jurisdiction to entertain a suit on an express or implied contract with a nonappropriated fund instrumentality of the United States described in section 1 of this Act.”

Effective Date of 1966 Amendment

Pub. L. 89–719, title II, § 203, , 80 Stat. 1149, provided that: “The amendments made by this title [amending this section and sections 1402 and 2410 of this title] shall apply after the date of the enactment of this Act [].”

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–508 effective , on admission of Alaska into the Union pursuant to Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of , set out as a note under section 542 of Title 6.

Termination of United States District Court for the District of the Canal Zone

For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning , and ending midnight , see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, , 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

Credits

1948–2013 · 21 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 933
  2. 1949Apr. 25, 1949, ch. 92, § 2(a), 63 Stat. 62
  3. 1949May 24, 1949, ch. 139, § 80(a), (b), 63 Stat. 101
  4. 1951Oct. 31, 1951, ch. 655, § 50(b), 65 Stat. 727
  5. 1954July 30, 1954, ch. 648, § 1, 68 Stat. 589
  6. 1958Pub. L. 85–508, § 12(e), , 72 Stat. 348
  7. 1964Pub. L. 88–519, , 78 Stat. 699
  8. 1966Pub. L. 89–719, title II, § 202(a), , 80 Stat. 1148
  9. 1970Pub. L. 91–350, § 1(a), , 84 Stat. 449
  10. 1972Pub. L. 92–562, § 1, , 86 Stat. 1176
  11. 1976Pub. L. 94–455, title XII, § 1204(c)(1), title XIII, § 1306(b)(7), , 90 Stat. 1697, 1719
  12. 1978Pub. L. 95–563, § 14(a), , 92 Stat. 2389
  13. 1982Pub. L. 97–164, title I, § 129, , 96 Stat. 39
  14. 1982Pub. L. 97–248, title IV, § 402(c)(17), , 96 Stat. 669
  15. 1986Pub. L. 99–514, § 2, , 100 Stat. 2095
  16. 1992Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516
  17. 1996Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 806], , 110 Stat. 1321, 1321–75
  18. 1996renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327
  19. 1996Pub. L. 104–331, § 3(b)(1), , 110 Stat. 4069
  20. 2011Pub. L. 111–350, § 5(g)(6), , 124 Stat. 3848
  21. 2013Pub. L. 113–4, title XI, § 1101(b), , 127 Stat. 134.
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(June 25, 1948, ch. 646, 62 Stat. 933; Apr. 25, 1949, ch. 92, § 2(a), 63 Stat. 62; May 24, 1949, ch. 139, § 80(a), (b), 63 Stat. 101; Oct. 31, 1951, ch. 655, § 50(b), 65 Stat. 727; July 30, 1954, ch. 648, § 1, 68 Stat. 589; Pub. L. 85–508, § 12(e), , 72 Stat. 348; Pub. L. 88–519, , 78 Stat. 699; Pub. L. 89–719, title II, § 202(a), , 80 Stat. 1148; Pub. L. 91–350, § 1(a), , 84 Stat. 449; Pub. L. 92–562, § 1, , 86 Stat. 1176; Pub. L. 94–455, title XII, § 1204(c)(1), title XIII, § 1306(b)(7), , 90 Stat. 1697, 1719; Pub. L. 95–563, § 14(a), , 92 Stat. 2389; Pub. L. 97–164, title I, § 129, , 96 Stat. 39; Pub. L. 97–248, title IV, § 402(c)(17), , 96 Stat. 669; Pub. L. 99–514, § 2, , 100 Stat. 2095; Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 806], , 110 Stat. 1321, 1321–75; renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327; Pub. L. 104–331, § 3(b)(1), , 110 Stat. 4069; Pub. L. 111–350, § 5(g)(6), , 124 Stat. 3848; Pub. L. 113–4, title XI, § 1101(b), , 127 Stat. 134.)

Parsed from the official OLRC USLM XML in data/usc_all/usc28.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t28/s1346