Title 28 — Judiciary and Judicial Procedure
Part VI · Chapter 151 — Declaratory Judgments
§ 2201. Creation of remedy
Statutory text
In a case of actual controversy within its jurisdiction, except with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1986, a proceeding under section 505 or 1146 of title 11, or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(9) of the Tariff Act of 1930), as determined by the administering authority, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.
For limitations on actions brought with respect to drug patents see section 505 or 512 of the Federal Food, Drug, and Cosmetic Act, or section 351 of the Public Health Service Act.
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.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2201
June 25, 1948, ch. 646, 62 Stat. 964
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 964Pub. L. 85–508 § 12(p) · 72 Stat. 339
Struck · 28 U.S.C. § 2201
Pub. L. 85–508 struck out provisions which related 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
Pub. L. 85–508 struck out provisions which related 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
(p) Section 2201 of title 28, United States Code, is amended by striking out the words: “and the District Court for the Territory of Alaska”; andPub. L. 94–455 title XIII § 1306(b)(8) · 90 Stat. 1520
Substituted · 28 U.S.C. § 2201
Pub. L. 94–455 substituted “taxes other than actions brought under section 7428 of the Internal Revenue Code of 1954” for “taxes”
Source evidence
Code amendment note
Pub. L. 94–455 substituted “taxes other than actions brought under section 7428 of the Internal Revenue Code of 1954” for “taxes”.Enacted provision · exact public law section
(8) Section 2201 of title 28, United States Code (relating to creation of declarator judgment remedy), is amended by striking out “taxes” and inserting in lieu thereof “taxes other than actions brought under section 7428 of the Internal Revenue Code of 1954”.Pub. L. 95–598 title II § 249 · 92 Stat. 2549
Inserted · 28 U.S.C. § 2201
Pub. L. 95–598 inserted reference to proceedings under section 505 or 1146 of title 11
Source evidence
Code amendment note
Pub. L. 95–598 inserted reference to proceedings under section 505 or 1146 of title 11.Enacted provision · exact public law section
Sec. 249. Section 2201 of title 28 of the United States Code is amended by inserting “or a proceeding under section 505 or 1146 of Ante, pp. 2582, 2641. title 11” immediately after “the Internal Revenue Code of 1954”.Drug Price Competition and Patent Term Restoration Act of 1984
Pub. L. 98–417 title I § 106 · 98 Stat. 1585
Amended · 28 U.S.C. § 2201
Pub. L. 98–417 designated existing provisions as subsec. (a)
Added · 28 U.S.C. § 2201
Pub. L. 98–417 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 98–417 designated existing provisions as subsec. (a) and added subsec. (b).Enacted provision · exact public law section
Sec. 106. Section 2201 of title 28, United States Code, is amended by inserting “(a)” before “In a case” and by adding at the end the following: “(b) For limitations on actions brought with respect to drug patents see section 505 of the Federal Food, Drug, and Cosmetic Act.”. Ante, p. 1585.United States-Canada Free-Trade Agreement Implementation Act of 1988
Pub. L. 100–449 title IV § 402(c) · 102 Stat. 1851
Substituted · 28 U.S.C. § 2201(a)
Pub. L. 100–449 temporarily substituted “1986,” for “1954 or”
Inserted · 28 U.S.C. § 2201(a)
Pub. L. 100–449 temporarily inserted “or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of Canadian merchandise, as determined by the administering authority,” after “title 11,”. See Effective and Termination Dates of 1988 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–449 temporarily substituted “1986,” for “1954 or” and inserted “or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of Canadian merchandise, as determined by the administering authority,” after “title 11,”. See Effective and Termination Dates of 1988 Amendment note below.Enacted provision · exact public law section
(c) Declaratory Judgments.— Subsection (a) of section 2201 of title 28, United States Code, is amended— (1) by striking out “1954 or” and inserting in lieu thereof “1986,”; and (2) by inserting “or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of Canadian merchandise, as determined by the administering authority,” after “of title 11,”.Generic Animal Drug and Patent Term Restoration Act
Pub. L. 100–670 title I § 107(b) · 102 Stat. 3971
Inserted · 28 U.S.C. § 2201(b)
Pub. L. 100–670 inserted “or 512” after “505”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–670 inserted “or 512” after “505”.Enacted provision · exact public law section
(b) Title 28.— Section 2201(b) of title 28, United States Code, is amended by inserting “or 512” after “505”.North American Free Trade Agreement Implementation Act
Pub. L. 103–182 title IV § 414(b) · 107 Stat. 2057
Substituted · 28 U.S.C. § 2201(a)
Pub. L. 103–182 substituted “merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930),” for “Canadian merchandise,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–182 substituted “merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930),” for “Canadian merchandise,”.Enacted provision · exact public law section
(b) Particular Proceedings.— Sections 2201(a) and 2643(c)(5) of title 28, United States Code, are each amended by striking out “Canadian merchandise,” and inserting “merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930),”.Biologics Price Competition and Innovation Act of 2009
Pub. L. 111–148 title VII § 7002(c)(2) · 124 Stat. 119
Inserted · 28 U.S.C. § 2201(b)
Pub. L. 111–148 inserted “, or section 351 of the Public Health Service Act” before period
Source evidence
Code amendment note
Subsec. (b). Pub. L. 111–148 inserted “, or section 351 of the Public Health Service Act” before period.Enacted provision · exact public law section
(2) Conforming amendment under title 28.— Section 2201(b) of title 28, United States Code, is amended by inserting before the period the following: “, or section 351 of the Public Health Service Act”.United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 title IV § 423(b) · 134 Stat. 11
Substituted · 28 U.S.C. § 2201(a)
Pub. L. 116–113 substituted “section 516A(f)(9)” for “section 516A(f)(10)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–113 substituted “section 516A(f)(9)” for “section 516A(f)(10)”.Enacted provision · exact public law section
(b) Particular Proceedings.— Sections 2201(a) and 2643(c)(5) of title 28, United States Code, are each amended by striking “section 516A(f)(10)” and inserting “section 516A(f)(9)”.Effective date note
Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of Title 19, Customs Duties, or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of Title 19.
11 of 12 references resolved to an enrolled provision · 1 partial
Notes
Amendment of Section
For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., § 400 (Mar. 3, 1911, ch. 231, § 274d, as added June 14, 1934, ch. 512, 48 Stat. 955; Aug. 30, 1935, ch. 829, § 405, 49 Stat. 1027).
This section is based on the first paragraph of section 400 of title 28, U.S.C., 1940 ed. Other provisions of such section are incorporated in section 2202 of this title.
While this section does not exclude declaratory judgments with respect to State taxes, such suits will not ordinarily be entertained in the courts of the United States where State law makes provision for payment under protest and recovery back or otherwise affords adequate remedy in the State courts. See Great Lakes Dredge & Dock Co. v. Huffman, La. 1943, 63 S.Ct. 1070, 319 U.S. 293, 87 L.Ed. 1407. See also Spector Motor Service v. McLaughlin, Conn. 1944, 65 S.Ct. 152, 323 U.S. 101, 89 L.Ed. 101. See also section 1341 of this title forbidding district courts to restrain enforcements of State taxes where State courts afford plain, speedy, and efficient remedy.
Changes were made in phraseology.
1949 Act
Section corrects a typographical error in section 2201 of title 28, U.S.C.
Editorial Notes
References in Text
Section 7428 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 7428 of Title 26, Internal Revenue Code.
Section 516A(f)(9) of the Tariff Act of 1930, referred to in subsec. (a), is classified to section 1516a(f)(9) of Title 19, Customs Duties.
Sections 505 and 512 of the Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), are classified to sections 355 and 360b, respectively, of Title 21, Food and Drugs.
Section 351 of the Public Health Service Act, referred to in subsec. (b), is classified to section 262 of Title 42, The Public Health and Welfare.
Amendments1949–2020 · 10 rounds
2020
Subsec. (a). Pub. L. 116–113 substituted “section 516A(f)(9)” for “section 516A(f)(10)”.
2010
Subsec. (b). Pub. L. 111–148 inserted “, or section 351 of the Public Health Service Act” before period.
1993
Subsec. (a). Pub. L. 103–182 substituted “merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930),” for “Canadian merchandise,”.
1988
Subsec. (a). Pub. L. 100–449 temporarily substituted “1986,” for “1954 or” and inserted “or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of Canadian merchandise, as determined by the administering authority,” after “title 11,”. See Effective and Termination Dates of 1988 Amendment note below.
Subsec. (b). Pub. L. 100–670 inserted “or 512” after “505”.
1984
Pub. L. 98–417 designated existing provisions as subsec. (a) and added subsec. (b).
1978
Pub. L. 95–598 inserted reference to proceedings under section 505 or 1146 of title 11.
1976
Pub. L. 94–455 substituted “taxes other than actions brought under section 7428 of the Internal Revenue Code of 1954” for “taxes”.
1958
Pub. L. 85–508 struck out provisions which related 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
Act , extended provisions to Alaska.
1949
Act , corrected spelling of “or” in second sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (), but not applicable to certain determinations under section 1516a of Title 19, Customs Duties, or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of Title 19.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title 19, Customs Duties, notice of which is published in the Federal Register before such date, or to a determination described in section 1516a(a)(2)(B)(vi) of Title 19, notice of which is received by the Government of Canada or Mexico before such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such review that was commenced before such date, see section 416 of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3431 of Title 19.
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598 effective , see section 402(c) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–455 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 , but only with respect to determinations (or requests for determinations) made after , see section 1306(c) of Pub. L. 94–455, set out as an Effective Date note under section 7428 of Title 26, Internal Revenue Code.
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.
Effect of Termination of USMCA Country Status
For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of Title 19, Customs Duties.
Amount in Controversy
Jurisdictional amount in diversity of citizenship cases, see section 1332 of this title.
Credits
1948–2020 · 12 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 964
- 1949May 24, 1949, ch. 139, § 111, 63 Stat. 105
- 1954Aug. 28, 1954, ch. 1033, 68 Stat. 890
- 1958Pub. L. 85–508, § 12(p), , 72 Stat. 349
- 1976Pub. L. 94–455, title XIII, § 1306(b)(8), , 90 Stat. 1719
- 1978Pub. L. 95–598, title II, § 249, , 92 Stat. 2672
- 1984Pub. L. 98–417, title I, § 106, , 98 Stat. 1597
- 1988Pub. L. 100–449, title IV, § 402(c), , 102 Stat. 1884
- 1988Pub. L. 100–670, title I, § 107(b), , 102 Stat. 3984
- 1993Pub. L. 103–182, title IV, § 414(b), , 107 Stat. 2147
- 2010Pub. L. 111–148, title VII, § 7002(c)(2), , 124 Stat. 816
- 2020Pub. L. 116–113, title IV, § 423(b), , 134 Stat. 66.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 964; May 24, 1949, ch. 139, § 111, 63 Stat. 105; Aug. 28, 1954, ch. 1033, 68 Stat. 890; Pub. L. 85–508, § 12(p), , 72 Stat. 349; Pub. L. 94–455, title XIII, § 1306(b)(8), , 90 Stat. 1719; Pub. L. 95–598, title II, § 249, , 92 Stat. 2672; Pub. L. 98–417, title I, § 106, , 98 Stat. 1597; Pub. L. 100–449, title IV, § 402(c), , 102 Stat. 1884; Pub. L. 100–670, title I, § 107(b), , 102 Stat. 3984; Pub. L. 103–182, title IV, § 414(b), , 107 Stat. 2147; Pub. L. 111–148, title VII, § 7002(c)(2), , 124 Stat. 816; Pub. L. 116–113, title IV, § 423(b), , 134 Stat. 66.)