US (United States) Code. Title 28. Chapter 85: District Courts; jurisdiction

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 85 - DISTRICT COURTS; JURISDICTION 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-MISC1-

Sec.

1330. Actions against foreign states.

1331. Federal question.

1332. Diversity of citizenship; amount in controversy;

costs.

1333. Admiralty, maritime and prize cases.

1334. Bankruptcy cases and proceedings.

1335. Interpleader.

1336. Surface Transportation Board's orders.

1337. Commerce and antitrust regulations; amount in

controversy, costs.

1338. Patents, plant variety protection, copyrights, mask

works, designs, trademarks, and unfair competition.

1339. Postal matters.

1340. Internal revenue; customs duties.

1341. Taxes by States.

1342. Rate orders of State agencies.

1343. Civil rights and elective franchise.

1344. Election disputes.

1345. United States as plaintiff.

1346. United States as defendant.

1347. Partition action where United States is joint tenant.

1348. Banking association as party.

1349. Corporation organized under federal law as party.

1350. Alien's action for tort.

1351. Consuls, vice consuls, and members of a diplomatic

mission as defendant.

1352. Bonds executed under federal law.

1353. Indian allotments.

1354. Land grants from different states.

1355. Fine, penalty or forfeiture.

1356. Seizures not within admiralty and maritime

jurisdiction.

1357. Injuries under Federal laws.

1358. Eminent domain.

1359. Parties collusively joined or made.

1360. State civil jurisdiction in actions to which Indians

are parties.

1361. Action to compel an officer of the United States to

perform his duty.

1362. Indian tribes.

1363. Jurors' employment rights.

1364. Direct actions against insurers of members of

diplomatic missions and their families.

1365. Senate actions.

1366. Construction of references to laws of the United

States or Acts of Congress.

1367. Supplemental jurisdiction.

1368. Counterclaims in unfair practices in international

trade.

1369. Multiparty, multiforum jurisdiction.

AMENDMENTS

2002 - Pub. L. 107-273, div. C, title I, Sec. 11020(b)(1)(B),

Nov. 2, 2002, 116 Stat. 1827, added item 1369.

1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title III, Sec.

3009(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-552, substituted

"trademarks" for "trade-marks" in item 1338.

1998 - Pub. L. 105-304, title V, Sec. 503(b)(2)(B), Oct. 28,

1998, 112 Stat. 2917, inserted "designs," after "mask works," in

item 1338.

1995 - Pub. L. 104-88, title III, Sec. 305(a)(4), Dec. 29, 1995,

109 Stat. 944, substituted "Surface Transportation Board's" for

"Interstate Commerce Commission's" in item 1336.

1994 - Pub. L. 103-465, title III, Sec. 321(b)(3)(B), Dec. 8,

1994, 108 Stat. 4947, added item 1368.

1990 - Pub. L. 101-650, title III, Sec. 310(b), Dec. 1, 1990, 104

Stat. 5114, added item 1367.

1988 - Pub. L. 100-702, title X, Sec. 1020(a)(7), Nov. 19, 1988,

102 Stat. 4672, substituted "Actions" for "Action" in item 1330,

inserted a period after "question" in item 1331, substituted "plant

variety protection, copyrights, mask works, trade-marks," for

"copyrights, and trade-marks" in item 1338, and inserted "and

elective franchise" in item 1343.

1986 - Pub. L. 99-336, Sec. 6(a)(1)(A), June 19, 1986, 100 Stat.

638, renumbered item 1364 "Senate actions" and item 1364

"Construction of references to laws of the United States or Acts of

Congress" as items 1365 and 1366, respectively.

1984 - Pub. L. 98-353, title I, Sec. 101(b), July 10, 1984, 98

Stat. 333, substituted "cases" for "matters" in item 1334.

1980 - Pub. L. 96-486, Sec. 2(b), Dec. 1, 1980, 94 Stat. 2369,

struck out "; amount in controversy; costs." after "question" in

item 1331.

1978 - Pub. L. 95-598, title II, Sec. 238(b), Nov. 6, 1978, 92

Stat. 2668, directed the substitution of "Bankruptcy appeals" for

"Bankruptcy matters and proceedings" in item 1334, which amendment

did not become effective pursuant 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.

Pub. L. 95-572, Sec. 6(b)(2), Nov. 2, 1978, 92 Stat. 2457, added

item 1363 and redesignated former item 1363 "Construction of

references to laws of the United States or Acts of Congress", as

1364.

Pub. L. 95-521, title VII, Sec. 705(f)(2), Oct. 26, 1978, 92

Stat. 1880, added item 1364 "Senate actions".

Pub. L. 95-486, Sec. 9(c), Oct. 20, 1978, 92 Stat. 1634,

substituted "Commerce and antitrust regulations; amount in

controversy, costs" for "Commerce and antitrust regulations" in

item 1337.

Pub. L. 95-393, Secs. 7(b), 8(a)(2), Sept. 30, 1978, 92 Stat.

810, substituted "Consuls, vice consuls, and members of a

diplomatic mission as defendant" for "Consuls and vice consuls as

defendants" in item 1351 and added item 1364 "Direct actions

against insurers of members of diplomatic missions and their

families".

1976 - Pub. L. 94-583, Sec. 2(b), Oct. 21, 1976, 90 Stat. 2891,

added item 1330.

1970 - Pub. L. 91-358, title I, Sec. 172(c)(2), July 29, 1970, 84

Stat. 591, added item 1363.

1966 - Pub. L. 89-635, Sec. 2, Oct. 10, 1966, 80 Stat. 880, added

item 1362.

1962 - Pub. L. 87-748, Sec. 1(b), Oct. 5, 1962, 76 Stat. 744,

added item 1361.

1958 - Pub. L. 85-554, Sec. 4, July 25, 1958, 72 Stat. 415,

inserted "costs" in items 1331 and 1332.

1953 - Act Aug. 15, 1953, ch. 505, Sec. 3, 67 Stat. 589, added

item 1360.

-End-

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28 USC Sec. 1330 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1330. Actions against foreign states

-STATUTE-

(a) The district courts shall have original jurisdiction without

regard to amount in controversy of any nonjury civil action against

a foreign state as defined in section 1603(a) of this title as to

any claim for relief in personam with respect to which the foreign

state is not entitled to immunity either under sections 1605-1607

of this title or under any applicable international agreement.

(b) Personal jurisdiction over a foreign state shall exist as to

every claim for relief over which the district courts have

jurisdiction under subsection (a) where service has been made under

section 1608 of this title.

(c) For purposes of subsection (b), an appearance by a foreign

state does not confer personal jurisdiction with respect to any

claim for relief not arising out of any transaction or occurrence

enumerated in sections 1605-1607 of this title.

-SOURCE-

(Added Pub. L. 94-583, Sec. 2(a), Oct. 21, 1976, 90 Stat. 2891.)

-MISC1-

EFFECTIVE DATE

Section effective 90 days after Oct. 21, 1976, see section 8 of

Pub. L. 94-583, set out as a note under section 1602 of this title.

-End-

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28 USC Sec. 1331 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1331. Federal question

-STATUTE-

The district courts shall have original jurisdiction of all civil

actions arising under the Constitution, laws, or treaties of the

United States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 930; Pub. L. 85-554, Sec. 1, July

25, 1958, 72 Stat. 415; Pub. L. 94-574, Sec. 2, Oct. 21, 1976, 90

Stat. 2721; Pub. L. 96-486, Sec. 2(a), Dec. 1, 1980, 94 Stat.

2369.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(1) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283,

Sec. 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, Sec. 1, 50 Stat. 738;

Apr. 20, 1940, ch. 117, 54 Stat. 143).

Jurisdiction of federal questions arising under other sections of

this chapter is not dependent upon the amount in controversy. (See

annotations under former section 41 of title 28, U.S.C.A., and 35

C.J.S., p. 833 et seq., Secs. 30-43. See, also, reviser's note

under section 1332 of this title.)

Words "wherein the matter in controversy exceeds the sum or value

of $3,000, exclusive of interest and costs," were added to conform

to rulings of the Supreme Court. See construction of provision

relating to jurisdictional amount requirement in cases involving a

Federal question in United States v. Sayward, 16 S.Ct. 371, 160

U.S. 493, 40 L.Ed. 508; Fishback v. Western Union Tel. Co., 16

S.Ct. 506, 161 U.S. 96, 40 L.Ed. 630; and Halt v. Indiana

Manufacturing Co., 1900, 20 S.Ct. 272, 176 U.S. 68, 44 L.Ed. 374.

Words "all civil actions" were substituted for "all suits of a

civil nature, at common law or in equity" to conform with Rule 2 of

the Federal Rules of Civil Procedure.

Words "or treaties" were substituted for "or treaties made, or

which shall be made under their authority," for purposes of

brevity.

The remaining provisions of section 41(1) of title 28, U.S.C.,

1940 ed., are incorporated in sections 1332, 1341, 1342, 1345,

1354, and 1359 of this title.

Changes were made in arrangement and phraseology.

AMENDMENTS

1980 - Pub. L. 96-486 struck out "; amount in controversy; costs"

in section catchline, struck out minimum amount in controversy

requirement of $10,000 for original jurisdiction in federal

question cases which necessitated striking the exception to such

required minimum amount that authorized original jurisdiction in

actions brought against the United States, any agency thereof, or

any officer or employee thereof in an official capacity, struck out

provision authorizing the district court except where express

provision therefore was made in a federal statute to deny costs to

a plaintiff and in fact impose such costs upon such plaintiff where

plaintiff was adjudged to be entitled to recover less than the

required amount in controversy, computed without regard to set-off

or counterclaim and exclusive of interests and costs, and struck

out existing subsection designations.

1976 - Subsec. (a). Pub. L. 94-574 struck out $10,000

jurisdictional amount where action is brought against the United

States, any agency thereof, or any officer or employee thereof in

his official capacity.

1958 - Pub. L. 85-554 included costs in section catchline,

designated existing provisions as subsec. (a), substituted

"$10,000" for "$3,000", and added subsec. (b).

EFFECTIVE DATE OF 1980 AMENDMENT; APPLICABILITY

Section 4 of Pub. L. 96-486 provided: "This Act [amending this

section and section 2072 of Title 15, Commerce and Trade, and

enacting provisions set out as a note under section 1 of this

title] shall apply to any civil action pending on the date of

enactment of this Act [Dec. 1, 1980]."

EFFECTIVE DATE OF 1958 AMENDMENT

Section 3 of Pub. L. 85-554 provided that: "This Act [amending

this section and sections 1332 and 1345 of this title] shall apply

only in the case of actions commenced after the date of the

enactment of this Act [July 25, 1958]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1441 of this title; title

15 section 2064; title 21 section 1603; title 22 section 6082;

title 25 sections 415, 416a; title 42 section 405; title 49 section

10709.

-End-

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28 USC Sec. 1332 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1332. Diversity of citizenship; amount in controversy; costs

-STATUTE-

(a) The district courts shall have original jurisdiction of all

civil actions where the matter in controversy exceeds the sum or

value of $75,000, exclusive of interest and costs, and is between -

(1) citizens of different States;

(2) citizens of a State and citizens or subjects of a foreign

state;

(3) citizens of different States and in which citizens or

subjects of a foreign state are additional parties; and

(4) a foreign state, defined in section 1603(a) of this title,

as plaintiff and citizens of a State or of different States.

For the purposes of this section, section 1335, and section 1441,

an alien admitted to the United States for permanent residence

shall be deemed a citizen of the State in which such alien is

domiciled.

(b) Except when express provision therefor is otherwise made in a

statute of the United States, where the plaintiff who files the

case originally in the Federal courts is finally adjudged to be

entitled to recover less than the sum or value of $75,000, computed

without regard to any setoff or counterclaim to which the defendant

may be adjudged to be entitled, and exclusive of interest and

costs, the district court may deny costs to the plaintiff and, in

addition, may impose costs on the plaintiff.

(c) For the purposes of this section and section 1441 of this

title -

(1) a corporation shall be deemed to be a citizen of any State

by which it has been incorporated and of the State where it has

its principal place of business, except that in any direct action

against the insurer of a policy or contract of liability

insurance, whether incorporated or unincorporated, to which

action the insured is not joined as a party-defendant, such

insurer shall be deemed a citizen of the State of which the

insured is a citizen, as well as of any State by which the

insurer has been incorporated and of the State where it has its

principal place of business; and

(2) the legal representative of the estate of a decedent shall

be deemed to be a citizen only of the same State as the decedent,

and the legal representative of an infant or incompetent shall be

deemed to be a citizen only of the same State as the infant or

incompetent.

(d) The word "States", as used in this section, includes the

Territories, the District of Columbia, and the Commonwealth of

Puerto Rico.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 930; July 26, 1956, ch. 740, 70

Stat. 658; Pub. L. 85-554, Sec. 2, July 25, 1958, 72 Stat. 415;

Pub. L. 88-439, Sec. 1, Aug. 14, 1964, 78 Stat. 445; Pub. L.

94-583, Sec. 3, Oct. 21, 1976, 90 Stat. 2891; Pub. L. 100-702,

title II, Secs. 201(a), 202(a), 203(a), Nov. 19, 1988, 102 Stat.

4646; Pub. L. 104-317, title II, Sec. 205(a), Oct. 19, 1996, 110

Stat. 3850.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(1) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283,

Sec. 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, Sec. 1, 50 Stat. 738;

Apr. 20, 1940, ch. 117, 54 Stat. 143).

Other provisions of section 41(1) of title 28, U.S.C., 1940 ed.,

are incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359

of this title. (See reviser's notes under said sections.)

Jurisdiction conferred by other sections of this chapter, except

section 1335, is not dependent upon diversity of citizenship. (See

annotations under former section 41 of title 28, U.S.C.A., and 35

C.J.S., p. 833 et seq. Secs. 30-43. See, also, reviser's note under

section 1331 of this title.) As to citizenship of bank where

jurisdiction depends upon diversity of citizenship, see section

1348 of this title.

Words "all civil actions" were substituted for "all suits of a

civil nature, at common law or in equity" in order to conform to

Rule 2 of the Federal Rules of Civil Procedure.

Words "or citizens of the District of Columbia, Territory of

Hawaii, or Alaska, and any State or Territory" which were inserted

by the amendatory act April 20, 1940, are omitted. The word

"States" is defined in this section and enumeration of the

references is unnecessary.

The revised section conforms with the views of Philip F. Herrick,

United States Attorney, Puerto Rico, who observed that the act of

April 20, 1940, permitted action between a citizen of Hawaii and of

Puerto Rico, but not between a citizen of New York and Puerto Rico,

in the district court.

This changes the law to insure uniformity. The 1940 amendment

applied only to the provision as to controversies between "citizens

of different States." The new definition in subsection (b) extends

the 1940 amendment to apply to controversies between citizens of

the Territories or the District of Columbia, and foreign states or

citizens or subjects thereof.

The diversity of citizenship language of section 41(1) of title

28, U.S.C., 1940 ed., as amended in 1940, was described as

ambiguous in McGarry v. City of Bethlehem, 45 F.Supp. 385, 386. In

that case the 1940 amendment was held unconstitutional insofar as

it affected the District of Columbia. However, two other district

courts upheld the amendment. Winkler v. Daniels, D.C.Va. 1942, 43

F.Supp. 265; Glaeser v. Acacia Mutual Life Ass'n., D.C.Cal. 1944,

55 F.Supp. 925.

This section is intended to cover all diversity of citizenship

instances in civil actions in accordance with the judicial

construction of the language in the original section 41(1) of title

28, U.S.C., 1940 ed. Therefore, the revised language covers civil

actions between -

Citizens of a State, and citizens of other States and foreign

states or citizens or subjects thereof;

Citizens of a Territory or the District of Columbia, and foreign

states or citizens or subjects thereof;

Citizens of different States;

Citizens of different Territories;

Citizens of a State, and citizens of Territories;

Citizens of a State or Territory, and citizens of the District of

Columbia;

Citizens of a State, and foreign states or citizens or subjects

thereof.

The revised section removes an uncertainty referred to in the

McGarry case, supra, as to whether Congress intended to permit

citizens of the Territories or the District of Columbia to sue a

State or Territory itself rather than the citizens thereof. The

court observed that "Congress could hardly have had such

intention."

The sentence "The foregoing provisions as to the sum or value of

the matter in controversy shall not be construed to apply to any of

the cases mentioned in the succeeding paragraphs of this section"

was omitted as unnecessary. Those paragraphs are (2)-(28) of said

section 41 of title 28, U.S.C., 1940 ed., which are revised and

incorporated in this chapter and, except for those relating to

actions against the United States and interpleader, contains no

provision as to a sum or value necessary to confer jurisdiction.

Consequently the omitted sentence is covered by excluding such

requirement.

Section 41(1) of title 28, U.S.C., 1940 ed., as originally

enacted, purported to include all jurisdictional provisions

relating to the district courts. Subsequently, many special

jurisdictional provisions were enacted and incorporated in other

titles of the U.S.C., 1940 ed., as follows:

Title Section

7 209

7 210

7 216

7 292

7 499g

7 608a(6)

7 608c(15)(B)

7 610(b)(2)

7 648

7 1175

7 1365-1367

7 1376

7 1508(c)

8 164

8 701

8 903

9 4

9 8

9 9

11 11(a)

11 46

11 205(a)(l)

11 401

11 511

11 512

11 514-516

11 711

11 712

11 811

11 812

11 1011

11 1012

11 1013

11 1200

12 93

12 195

12 632

15 4

15 9

15 15

15 25

15 26

15 31

15 53

15 68e

15 77t

15 77v

15 77vvv

15 78u(e)

15 78u(f)

15 78aa

15 79k(d)(e)

15 79r(f)(g)

15 80a-25

15 80a-34

15 80a-35

15 80a-41(c)(e)

15 80a-43

15 80b-14

15 97

15 99

15 433

15 715d(c)

15 715i

15 717s

15 717u

16 10

16 583e

16 820

16 825m

16 825n

16 825p

17 26

17 34

21 193

21 332

21 355

25 314

25 345

26 3633

26 3800

27 207

29 101

29 103-109

29 160(e)

29 216

29 217

30 188

31 232

33 495

33 918

33 921

35 63

35 66

35 67

35 72a

35 90

38 445

40 257

40 270b

40 361

41 113(b)(2)

42 405(c)(5)(g)

43 546

43 1062

45 56

45 88

45 89

45 153(p)

45 159

45 185

45 228j4

45 228k

45 268

45 355(f)

46 597

46 688

46 711

46 741 et seq.

46 781 et seq.

46 941(c)

46 951

46 954

46 1114(c)

46 1128d

47 11

47 13

47 33

47 36

47 207

47 401

47 406

47 407

48 242

48 245

49 5(8)

49 9

49 16(2)

49 16(9)

49 16(12)

49 17(9)

49 19a(l)

49 20(9)

49 23

49 26(h)

49 41(1)(3)

49 43

49 181(b)(c)

49 305(g)

49 322(b)

49 647

49 916

49 1017

49 1021

50 23

D.C. Code 11-305 - 11-307

D.C. Code 11-309

D.C. Code 11-324

AMENDMENTS

1996 - Subsecs. (a), (b). Pub. L. 104-317 substituted "$75,000"

for "$50,000".

1988 - Subsec. (a). Pub. L. 100-702, Sec. 201(a), substituted

"$50,000" for "$10,000" in introductory text.

Pub. L. 100-702, Sec. 203(a), inserted at end "For the purposes

of this section, section 1335, and section 1441, an alien admitted

to the United States for permanent residence shall be deemed a

citizen of the State in which such alien is domiciled."

Subsec. (b). Pub. L. 100-702, Sec. 201(a), substituted "$50,000"

for "$10,000".

Subsec. (c). Pub. L. 100-702, Sec. 202(a), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "For

the purposes of this section and section 1441 of this title, a

corporation shall be deemed a citizen of any State by which it has

been incorporated and of the State where it has its principal place

of business: Provided further, That in any direct action against

the insurer of a policy or contract of liability insurance, whether

incorporated or unincorporated, to which action the insured is not

joined as a party-defendant, such insurer shall be deemed a citizen

of the State of which the insured is a citizen, as well as of any

State by which the insurer has been incorporated and of the State

where it has its principal place of business."

1976 - Subsec. (a)(2). Pub. L. 94-583 substituted "and citizens

or subjects of a foreign state;" for ", and foreign states or

citizens or subjects thereof; and".

Subsec. (a)(3). Pub. L. 94-583 substituted "citizens or subjects

of a foreign state are additional parties; and" for "foreign states

or citizens or subjects thereof are additional parties".

Subsec. (a)(4). Pub. L. 94-583 added par. (4).

1964 - Subsec. (c). Pub. L. 88-439 inserted proviso deeming an

insurer of liability insurance, in an action to which the insurer

is not joined as a party-defendant, a citizen, of the State of

which the insured is a citizen, as well as the State the insurer

has been incorporated by and the State where it has its principal

place of business.

1958 - Pub. L. 85-554 included costs in section catchline.

Subsec. (a). Pub. L. 85-554 substituted "$10,000" for "$3,000".

Subsecs. (b) to (d). Pub. L. 85-554 added subsecs. (b) and (c)

and redesignated former subsec. (b) as (d).

1956 - Subsec. (b). Act July 26, 1956, included the Commonwealth

of Puerto Rico.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 205(b) of Pub. L. 104-317 provided that: "The amendment

made by this section [amending this section] shall take effect 90

days after the date of enactment of this Act [Oct. 19, 1996]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 201(b) of title II of Pub. L. 100-702 provided that: "The

amendments made by this section [amending this section] shall apply

to any civil action commenced on or after the 180th day after the

date of enactment of this title [Nov. 19, 1988]."

Section 202(b) of title II of Pub. L. 100-702 provided that: "The

amendment made by this section [amending this section] shall apply

to any civil action commenced in or removed to a United States

district court on or after the 180th day after the date of

enactment of this title [Nov. 19, 1988]."

Section 203(b) of title II of Pub. L. 100-702 provided that: "The

amendment made by this section [amending this section] shall apply

to claims in civil actions commenced in or removed to the United

States district courts on or after the 180th day after the date of

enactment of this title [Nov. 19, 1988]."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-583 effective 90 days after Oct. 21,

1976, see section 8 of Pub. L. 94-583, set out as an Effective Date

note under section 1602 of this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Section 2 of Pub. L. 88-439 provided that: "The amendment made by

this Act to section 1332(c), title 28, United States Code, applies

only to causes of action arising after the date of enactment of

this Act [Aug. 14, 1964]."

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-554 applicable only in the case of

actions commenced after July 25, 1958, see section 3 of Pub. L.

85-554, set out as a note under section 1331 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1335, 1367, 1446, 1603 of

this title; title 42 section 9613; title 48 sections 1424, 1612,

1822.

-End-

-CITE-

28 USC Sec. 1333 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1333. Admiralty, maritime and prize cases

-STATUTE-

The district courts shall have original jurisdiction, exclusive

of the courts of the States, of:

(1) Any civil case of admiralty or maritime jurisdiction,

saving to suitors in all cases all other remedies to which they

are otherwise entitled.

(2) Any prize brought into the United States and all

proceedings for the condemnation of property taken as prize.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 931; May 24, 1949, ch. 139, Sec.

79, 63 Stat. 101.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 41(3) and 371 (3), (4)

(Mar. 3, 1911, ch. 231, Secs. 24, par. 3, 256, pars. 3, 4, 36 Stat.

1091, 1160; Oct. 6, 1917, ch. 97, Secs. 1, 2, 40 Stat. 395; June

10, 1922, ch. 216, Secs. 1, 2, 42 Stat. 634).

Section consolidates certain provisions of sections 41(3), 371(3)

and 371(4) of title 28, U.S.C., 1940 ed. Other provisions of

sections 41(3) and 371(4), relating to seizures, are incorporated

in section 1356 of this title. (See reviser's note thereunder.)

The "saving to suitors" clause in sections 41(3) and 371(3) of

title 28, U.S.C., 1940 ed., was changed by substituting the words

"any other remedy to which he is otherwise entitled" for the words

"the right of a common law remedy where the common law is competent

to give it." The substituted language is simpler and more

expressive of the original intent of Congress and is in conformity

with Rule 2 of the Federal Rules of Civil Procedure abolishing the

distinction between law and equity.

Provisions of section 41(3) of title 28, U.S.C., 1940 ed., based

on the 1917 and 1922 amendments, relating to remedies under State

workmen's compensation laws, were deleted. Such amendments were

held unconstitutional by the Supreme Court. (See Knickerbocker Ice

Co. v. Stewart, 1920, 40 S.Ct. 438, 253 U.S. 149, 64 L.Ed. 834, and

State of Washington v. W. C. Dawson & Co., 1924, 44 S.Ct. 302, 264

U.S. 219, 68 L.Ed. 646.)

Words "libellant or petitioner" were substituted for "suitors" to

describe moving party in admiralty cases.

Changes were made in phraseology.

1949 ACT

This section amends section 1333(a)(1) of title 28, U.S.C., by

substituting "suitors" for "libellant or petitioner" to conform to

the language of the law in existence at the time of the enactment

of the revision of title 28.

AMENDMENTS

1949 - Subd. (1). Act May 24, 1949, substituted "suitors" for

"libellant or petitioner".

-End-

-CITE-

28 USC Sec. 1334 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1334. Bankruptcy cases and proceedings

-STATUTE-

(a) Except as provided in subsection (b) of this section, the

district courts shall have original and exclusive jurisdiction of

all cases under title 11.

(b) Notwithstanding any Act of Congress that confers exclusive

jurisdiction on a court or courts other than the district courts,

the district courts shall have original but not exclusive

jurisdiction of all civil proceedings arising under title 11, or

arising in or related to cases under title 11.

(c)(1) Nothing in this section prevents a district court in the

interest of justice, or in the interest of comity with State courts

or respect for State law, from abstaining from hearing a particular

proceeding arising under title 11 or arising in or related to a

case under title 11.

(2) Upon timely motion of a party in a proceeding based upon a

State law claim or State law cause of action, related to a case

under title 11 but not arising under title 11 or arising in a case

under title 11, with respect to which an action could not have been

commenced in a court of the United States absent jurisdiction under

this section, the district court shall abstain from hearing such

proceeding if an action is commenced, and can be timely

adjudicated, in a State forum of appropriate jurisdiction.

(d) Any decision to abstain or not to abstain made under this

subsection (!1) (other than a decision not to abstain in a

proceeding described in subsection (c)(2)) is not reviewable by

appeal or otherwise by the court of appeals under section 158(d),

1291, or 1292 of this title or by the Supreme Court of the United

States under section 1254 of this title. This subsection (!1) shall

not be construed to limit the applicability of the stay provided

for by section 362 of title 11, United States Code, as such section

applies to an action affecting the property of the estate in

bankruptcy.

(e) The district court in which a case under title 11 is

commenced or is pending shall have exclusive jurisdiction of all of

the property, wherever located, of the debtor as of the

commencement of such case, and of property of the estate.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95-598, title II,

Sec. 238(a), Nov. 6, 1978, 92 Stat. 2667; Pub. L. 98-353, title I,

Sec. 101(a), July 10, 1984, 98 Stat. 333; Pub. L. 99-554, title I,

Sec. 144(e), Oct. 27, 1986, 100 Stat. 3096; Pub. L. 101-650, title

III, Sec. 309(b), Dec. 1, 1990, 104 Stat. 5113; Pub. L. 103-394,

title I, Sec. 104(b), Oct. 22, 1994, 108 Stat. 4109.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 41(19) and 371(6)

(Mar. 3, 1911, ch. 231, Secs. 24, par. 19, 256, par. 6, 36 Stat.

1093, 1160).

Changes in phraseology were made.

AMENDMENTS

1994 - Subsecs. (c)(2), (d). Pub. L. 103-394, Sec. 104(b)(2),

inserted "(other than a decision not to abstain in a proceeding

described in subsection (c)(2))" after "subsection" in second

sentence of subsec. (c)(2) and designated that sentence and third

sentence of subsec. (c)(2) as subsec. (d). Former subsec. (d)

redesignated (e).

Subsec. (e). Pub. L. 103-394, Sec. 104(b)(1), redesignated

subsec. (d) as (e).

1990 - Subsec. (c)(2). Pub. L. 101-650 inserted in second

sentence "or not to abstain" after "to abstain" and "by the court

of appeals under section 158(d), 1291, or 1292 of this title or by

the Supreme Court of the United States under section 1254 of this

title" before period at end.

1986 - Subsec. (d). Pub. L. 99-554 substituted "and of property

of the estate" for "and of the estate".

1984 - Pub. L. 98-353 in amending section generally, substituted

"cases" for "matters" in section catchline, designated existing

provision as subsec. (a), and in subsec. (a) as so designated,

substituted "Except as provided in subsection (b) of this section,

the district" for "The district" and "original and exclusive

jurisdiction of all cases under title 11" for "original

jurisdiction, exclusive of the courts of the States, of all matters

and proceedings in bankruptcy", and added subsecs. (b) to (d).

1978 - Pub. L. 95-598 directed the general amendment of section

to relate to bankruptcy appeals, which amendment did not become

effective pursuant 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.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not

applicable with respect to cases commenced under Title 11,

Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.

103-394, set out as a note under section 101 of Title 11.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,

1986, see section 302(a) of Pub. L. 99-554, set out as a note under

section 581 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-353 effective July 10, 1984, except that

subsec. (c)(2) not applicable with respect to cases under Title 11,

Bankruptcy, that are pending on July 10, 1984, or to proceedings

arising in or related to such cases, see section 122(a), (b) of

Pub. L. 98-353, set out as an Effective Date note under section 151

of this title.

JURISDICTION OVER AND TRANSFER OF BANKRUPTCY CASES AND PROCEEDINGS

Section 115 of Pub. L. 98-353 provided that:

"(a) On the date of the enactment of this Act [July 10, 1984] the

appropriate district court of the United States shall have

jurisdiction of -

"(1) cases, and matters and proceedings in cases, under the

Bankruptcy Act [former Title 11, Bankruptcy] that are pending

immediately before such date in the bankruptcy courts continued

by section 404(a) of the Act of November 6, 1978 (Public Law

95-598; 92 Stat. 2687) [formerly set out as a note preceding

section 151 of this title], and

"(2) cases under title 11 of the United States Code, and

proceedings arising under title 11 of the United States Code or

arising in or related to cases under title 11 of the United

States Code, that are pending immediately before such date in the

bankruptcy courts continued by section 404(a) of the Act of

November 6, 1978 (Public Law 95-598; 92 Stat. 2687).

"(b) On the date of the enactment of this Act [July 10, 1984],

there shall be transferred to the appropriate district court of the

United States appeals from final judgments, orders, and decrees of

the bankruptcy courts pending immediately before such date in the

bankruptcy appellate panels appointed under section 405(c) of the

Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2685)

[formerly set out as a note preceding section 1471 of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 156, 157, 1452 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be a reference to subsection

(c). See 1994 Amendment note below.

-End-

-CITE-

28 USC Sec. 1335 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1335. Interpleader

-STATUTE-

(a) The district courts shall have original jurisdiction of any

civil action of interpleader or in the nature of interpleader filed

by any person, firm, or corporation, association, or society having

in his or its custody or possession money or property of the value

of $500 or more, or having issued a note, bond, certificate, policy

of insurance, or other instrument of value or amount of $500 or

more, or providing for the delivery or payment or the loan of money

or property of such amount or value, or being under any obligation

written or unwritten to the amount of $500 or more, if

(1) Two or more adverse claimants, of diverse citizenship as

defined in section 1332 of this title, are claiming or may claim to

be entitled to such money or property, or to any one or more of the

benefits arising by virtue of any note, bond, certificate, policy

or other instrument, or arising by virtue of any such obligation;

and if (2) the plaintiff has deposited such money or property or

has paid the amount of or the loan or other value of such

instrument or the amount due under such obligation into the

registry of the court, there to abide the judgment of the court, or

has given bond payable to the clerk of the court in such amount and

with such surety as the court or judge may deem proper, conditioned

upon the compliance by the plaintiff with the future order or

judgment of the court with respect to the subject matter of the

controversy.

(b) Such an action may be entertained although the titles or

claims of the conflicting claimants do not have a common origin, or

are not identical, but are adverse to and independent of one

another.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 931.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(26) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 26, as added Jan. 20, 1936, ch. 13, Sec. 1,

49 Stat. 1096).

Words "civil action" were substituted for "suits in equity"; word

"plaintiff" was substituted for "complainant"; and word "judgment"

was substituted for "decree," in order to make the language of this

section conform with the Federal Rules of Civil Procedure.

The words "duly verified" following "in the nature of

interpleader," near the beginning of the section, were omitted.

Under Rule 11 of the Federal Rules of Civil Procedure pleadings are

no longer required to be verified or accompanied by affidavit

unless specially required by statute. Although verification was

specially required by section 41(26) of title 28, U.S.C., 1940 ed.,

the need therefor is not apparent.

Provisions of section 41(26)(b) of title 28, U.S.C., 1940 ed.,

relating to venue are the basis of section 1397 of this title.

(See, also, reviser's note under said section.)

Subsections (c) and (d) of said section 41(26) relating to

issuance of injunctions constitute section 2361 of this title. (See

reviser's note under said section.)

Subsection (e) of such section 41(26), relating to defense in

nature of interpleader and joinder of additional parties, was

omitted as unnecessary, such matters being governed by the Federal

Rules of Civil Procedure.

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1332, 1397, 2361 of this

title.

-End-

-CITE-

28 USC Sec. 1336 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1336. Surface Transportation Board's orders

-STATUTE-

(a) Except as otherwise provided by Act of Congress, the district

courts shall have jurisdiction of any civil action to enforce, in

whole or in part, any order of the Surface Transportation Board,

and to enjoin or suspend, in whole or in part, any order of the

Surface Transportation Board for the payment of money or the

collection of fines, penalties, and forfeitures.

(b) When a district court or the United States Court of Federal

Claims refers a question or issue to the Surface Transportation

Board for determination, the court which referred the question or

issue shall have exclusive jurisdiction of a civil action to

enforce, enjoin, set aside, annul, or suspend, in whole or in part,

any order of the Surface Transportation Board arising out of such

referral.

(c) Any action brought under subsection (b) of this section shall

be filed within 90 days from the date that the order of the Surface

Transportation Board becomes final.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 88-513, Sec. 1, Aug.

30, 1964, 78 Stat. 695; Pub. L. 93-584, Sec. 1, Jan. 2, 1975, 88

Stat. 1917; Pub. L. 97-164, title I, Sec. 128, Apr. 2, 1982, 96

Stat. 39; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992,

106 Stat. 4516; Pub. L. 104-88, title III, Sec. 305(a)(1), (2),

Dec. 29, 1995, 109 Stat. 944.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(27), (28) (Mar. 3,

1911, ch. 231, Secs. 24(27), (28), 207, 36 Stat. 1091, 1148; Oct.

22, 1913, ch. 32, 38 Stat. 219).

Words "Except as otherwise provided by enactment of Congress"

were inserted because of certain similar cases of which the courts

of appeals are given jurisdiction. (See, for example, section 21 of

title 15, U.S.C., 1940 ed., Commerce and Trade.)

Words "any civil action" were substituted for "all cases" and

"cases" in view of Rule 2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

AMENDMENTS

1995 - Pub. L. 104-88 substituted "Surface Transportation

Board's" for "Interstate Commerce Commission's" in section

catchline and "Surface Transportation Board" for "Interstate

Commerce Commission" wherever appearing in text.

1992 - Subsec. (b). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (b). Pub. L. 97-164 substituted "United States

Claims Court" for "Court of Claims".

1975 - Subsec. (a). Pub. L. 93-584 substituted provisions that

the district courts shall have jurisdiction of civil actions to

enforce, in whole or in part, orders of the Interstate Commerce

Commission, and to enjoin or suspend, in whole or in part, any

order of the Interstate Commerce Commission for the payment of

money or the collection of fines, penalties, and forfeitures, for

provisions that the district courts shall have jurisdiction of

civil actions to enforce, enjoin, set aside, annul or suspend, in

whole or in part, any order of the Interstate Commerce Commission.

1964 - Pub. L. 88-513 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

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 1975 AMENDMENT

Amendment by Pub. L. 93-584 not applicable to actions commenced

on or before last day of first month beginning after Jan. 2, 1975,

and actions to enjoin or suspend orders of Interstate Commerce

Commission which are pending when this amendment becomes effective

shall not be affected thereby, but shall proceed to final

disposition under the law existing on the date they were commenced,

see section 10 of Pub. L. 93-584, set out as a note under section

2321 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1398 of this title.

-End-

-CITE-

28 USC Sec. 1337 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1337. Commerce and antitrust regulations; amount in

controversy, costs

-STATUTE-

(a) The district courts shall have original jurisdiction of any

civil action or proceeding arising under any Act of Congress

regulating commerce or protecting trade and commerce against

restraints and monopolies: Provided, however, That the district

courts shall have original jurisdiction of an action brought under

section 11706 or 14706 of title 49, only if the matter in

controversy for each receipt or bill of lading exceeds $10,000,

exclusive of interest and costs.

(b) Except when express provision therefor is otherwise made in a

statute of the United States, where a plaintiff who files the case

under section 11706 or 14706 of title 49, originally in the Federal

courts is finally adjudged to be entitled to recover less than the

sum or value of $10,000, computed without regard to any setoff or

counterclaim to which the defendant may be adjudged to be entitled,

and exclusive of any interest and costs, the district court may

deny costs to the plaintiff and, in addition, may impose costs on

the plaintiff.

(c) The district courts shall not have jurisdiction under this

section of any matter within the exclusive jurisdiction of the

Court of International Trade under chapter 95 of this title.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95-486, Sec. 9(a),

Oct. 20, 1978, 92 Stat. 1633; Pub. L. 96-417, title V, Sec. 505,

Oct. 10, 1980, 94 Stat. 1743; Pub. L. 97-449, Sec. 5(f), Jan. 12,

1983, 96 Stat. 2442; Pub. L. 104-88, title III, Sec. 305(a)(3),

Dec. 29, 1995, 109 Stat. 944.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(8), (23) (Mar. 3,

1911, ch. 231, Sec. 24, pars. 8, 23, 36 Stat. 1092, 1093; Oct. 22,

1913, ch. 32, 38 Stat. 219).

Words "civil action" were substituted for "suits", in view of

Rule 2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

AMENDMENTS

1995 - Subsecs. (a), (b). Pub. L. 104-88 substituted "11706 or

14706" for "11707".

1983 - Pub. L. 97-449 substituted "section 11707 of title 49" for

"section 20(11) of part I of the Interstate Commerce Act (49 U.S.C.

20(11)) or section 219 of part II of such Act (49 U.S.C. 319)"

wherever appearing.

1980 - Subsec. (c). Pub. L. 96-417 added subsec. (c).

1978 - Pub. L. 95-486 designated existing provisions as subsec.

(a), inserted proviso giving the district courts original

jurisdiction of actions brought under sections 20(11) and 219 of

the Interstate Commerce Act when the amounts in controversy for

each receipt exceed $10,000, exclusive of interests and costs, and

added subsec. (b).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 1603; title 41

sections 607, 609; title 49 section 10709.

-End-

-CITE-

28 USC Sec. 1338 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1338. Patents, plant variety protection, copyrights, mask

works, designs, trademarks, and unfair competition

-STATUTE-

(a) The district courts shall have original jurisdiction of any

civil action arising under any Act of Congress relating to patents,

plant variety protection, copyrights and trademarks. Such

jurisdiction shall be exclusive of the courts of the states in

patent, plant variety protection and copyright cases.

(b) The district courts shall have original jurisdiction of any

civil action asserting a claim of unfair competition when joined

with a substantial and related claim under the copyright, patent,

plant variety protection or trademark laws.

(c) Subsections (a) and (b) 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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 91-577, title III,

Sec. 143(b), Dec. 24, 1970, 84 Stat. 1559; Pub. L. 100-702, title

X, Sec. 1020(a)(4), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 105-304,

title V, Sec. 503(b)(1), (2)(A), Oct. 28, 1998, 112 Stat. 2917;

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title III, Sec. 3009(1)],

Nov. 29, 1999, 113 Stat. 1536, 1501A-551.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 41(7) and 371(5) (Mar.

3, 1911, ch. 231, Secs. 24, par. 7, 256, par. 5, 36 Stat. 1092,

1160).

Section consolidates section 41(7) with section 371 (5) of title

28, U.S.C., 1940 ed., with necessary changes in phraseology.

Words "of any civil action" were substituted for "all suits at

law or in equity" and "cases" to conform section to Rule 2 of the

Federal Rules of Civil Procedure.

Word "patents" was substituted for "patent-right" in said section

371 (Fifth) of title 28, U.S.C., 1940 ed.

Similar provisions respecting suits cognizable in district

courts, including those of territories and possessions. (See

section 34 of title 17, U.S.C., 1940 ed., Copyrights.)

Subsection (b) is added and is intended to avoid "piecemeal"

litigation to enforce common-law and statutory copyright, patent,

and trade-mark rights by specifically permitting such enforcement

in a single civil action in the district court. While this is the

rule under Federal decisions, this section would enact it as

statutory authority. The problem is discussed at length in Hurn v.

Oursler (1933, 53 S.Ct. 586, 289 U.S. 238, 77 L.Ed. 1148) and in

Musher Foundation v. Alba Trading Co. (C.C.A. 1942, 127 F.2d 9)

(majority and dissenting opinions).

AMENDMENTS

1999 - Pub. L. 106-113 substituted "trademarks" for "trade-marks"

in section catchline and subsec. (a) and substituted "trademark"

for "trade-mark" in subsec. (b).

1998 - Pub. L. 105-304, Sec. 503(b)(2)(A), inserted "designs,"

after "mask works," in section catchline.

Subsec. (c). Pub. L. 105-304, Sec. 503(b)(1), inserted ", and to

exclusive rights in designs under chapter 13 of title 17," after

"title 17".

1988 - Pub. L. 100-702, Sec. 1020(a)(4)(B), amended section

catchline generally, inserting "mask works," after "copyrights,".

Subsec. (c). Pub. L. 100-702, Sec. 1020(a)(4)(A), added subsec.

(c).

1970 - Pub. L. 91-577 inserted references to "plant variety

protection" in section catchline and in subsecs. (a) and (b).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1295 of this title; title

35 sections 315, 317.

-End-

-CITE-

28 USC Sec. 1339 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1339. Postal matters

-STATUTE-

The district courts shall have original jurisdiction of any civil

action arising under any Act of Congress relating to the postal

service.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 932.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(6) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 6, 36 Stat. 1092).

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1340 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1340. Internal revenue; customs duties

-STATUTE-

The district courts shall have original jurisdiction of any civil

action arising under any Act of Congress providing for internal

revenue, or revenue from imports or tonnage except matters within

the jurisdiction of the Court of International Trade.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 932; Pub. L. 96-417, title V,

Sec. 501(21), Oct. 10, 1980, 94 Stat. 1742.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(5) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 5, 36 Stat. 1092; Mar. 2, 1929, ch. 488,

Sec. 1, 45 Stat. 1475).

Words "Customs Court" were substituted for "Court of Customs and

Patent Appeals." Section 41(5) of title 28, U.S.C., 1940 ed., is

based on the Judicial Code of 1911. At that time the only court,

other than the district courts, having jurisdiction of customs

cases, was the Court of Customs Appeals which became the Court of

Customs and Patent Appeals in 1929. The Customs Court was created

in 1926 as a court of original jurisdiction over customs cases.

(See reviser's note preceding section 251 of this title.)

Words "any civil action" were substituted for "all cases" in view

of Rule 2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

AMENDMENTS

1980 - Pub. L. 96-417 redesignated the Customs Court as the Court

of International Trade.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 7402.

-End-

-CITE-

28 USC Sec. 1341 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1341. Taxes by States

-STATUTE-

The district courts shall not enjoin, suspend or restrain the

assessment, levy or collection of any tax under State law where a

plain, speedy and efficient remedy may be had in the courts of such

State.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 932.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(1) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283,

Sec. 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, Sec. 1, 50 Stat. 738;

Apr. 20, 1940, ch. 117, 54 Stat. 143).

This section restates the last sentence of section 41(1) of title

28, U.S.C., 1940 ed.

Other provisions of section 41(1) of title 28, U.S.C., 1940 ed.,

are incorporated in sections 1331, 1332, 1342, 1345, 1354, and 1359

of this title.

Words "at law or in equity" before "in the courts of such State"

were omitted as unnecessary.

Words "civil action" were substituted for "suit" in view of Rule

2 of the Federal Rules of Civil Procedure.

Words "under State law" were substituted for "imposed by or

pursuant to the laws of any State" for the same reason.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 sections 11501, 14502,

31706.

-End-

-CITE-

28 USC Sec. 1342 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1342. Rate orders of State agencies

-STATUTE-

The district courts shall not enjoin, suspend or restrain the

operation of, or compliance with, any order affecting rates

chargeable by a public utility and made by a State administrative

agency or a rate-making body of a State political subdivision,

where:

(1) Jurisdiction is based solely on diversity of citizenship or

repugnance of the order to the Federal Constitution; and,

(2) The order does not interfere with interstate commerce; and,

(3) The order has been made after reasonable notice and

hearing; and,

(4) A plain, speedy and efficient remedy may be had in the

courts of such State.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 932.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(1) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283,

Sec. 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, Sec. 1, 50 Stat. 738;

Apr. 20, 1940, ch. 117, 54 Stat. 143).

This section rearranges and restates the fourth sentence of

section 41(1) of title 28, U.S.C., 1940 ed.

Other provisions of section 41(1) of title 28, U.S.C., 1940 ed.,

are incorporated in sections 1331, 1332, 1341, 1345, 1354, and 1359

of this title.

Words "at law or in equity" before "in the courts of such State"

were omitted as unnecessary.

Words "civil action" were substituted for "suit," in view of Rule

2 of the Federal Rules of Civil Procedure.

Word "operation" was substituted for "enforcement, operation or

execution" for the same reason.

-End-

-CITE-

28 USC Sec. 1343 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1343. Civil rights and elective franchise

-STATUTE-

(a) The district courts shall have original jurisdiction of any

civil action authorized by law to be commenced by any person:

(1) To recover damages for injury to his person or property, or

because of the deprivation of any right or privilege of a citizen

of the United States, by any act done in furtherance of any

conspiracy mentioned in section 1985 of Title 42;

(2) To recover damages from any person who fails to prevent or

to aid in preventing any wrongs mentioned in section 1985 of

Title 42 which he had knowledge were about to occur and power to

prevent;

(3) To redress the deprivation, under color of any State law,

statute, ordinance, regulation, custom or usage, of any right,

privilege or immunity secured by the Constitution of the United

States or by any Act of Congress providing for equal rights of

citizens or of all persons within the jurisdiction of the United

States;

(4) To recover damages or to secure equitable or other relief

under any Act of Congress providing for the protection of civil

rights, including the right to vote.

(b) For purposes of this section -

(1) the District of Columbia shall be considered to be a State;

and

(2) any Act of Congress applicable exclusively to the District

of Columbia shall be considered to be a statute of the District

of Columbia.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 932; Sept. 3, 1954, ch. 1263,

Sec. 42, 68 Stat. 1241; Pub. L. 85-315, part III, Sec. 121, Sept.

9, 1957, 71 Stat. 637; Pub. L. 96-170, Sec. 2, Dec. 29, 1979, 93

Stat. 1284.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(12), (13), and (14)

(Mar. 3, 1911, ch. 231, Sec. 24, pars. 12, 13, 14, 36 Stat. 1092).

Words "civil action" were substituted for "suits," "suits at law

or in equity" in view of Rule 2 of the Federal Rules of Civil

Procedure.

Numerous changes were made in arrangement and phraseology.

AMENDMENTS

1979 - Pub. L. 96-170 designated existing provisions as subsec.

(a) and added subsec. (b).

1957 - Pub. L. 85-315 inserted "and elective franchise" in

section catchline and added par. (4).

1954 - Act Sept. 3, 1954, substituted "section 1985 of Title 42"

for "section 47 of Title 8" wherever appearing.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 3 of Pub. L. 96-170 provided that: "The amendments made

by this Act [amending this section and section 1983 of Title 42,

The Public Health and Welfare] shall apply with respect to any

deprivation of rights, privileges, or immunities secured by the

Constitution and laws occurring after the date of the enactment of

this Act [Dec. 29, 1979]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 654 of this title.

-End-

-CITE-

28 USC Sec. 1344 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1344. Election disputes

-STATUTE-

The district courts shall have original jurisdiction of any civil

action to recover possession of any office, except that of elector

of President or Vice President, United States Senator,

Representative in or delegate to Congress, or member of a state

legislature, authorized by law to be commenced, where in it appears

that the sole question touching the title to office arises out of

denial of the right to vote, to any citizen offering to vote, on

account of race, color or previous condition of servitude.

The jurisdiction under this section shall extend only so far as

to determine the rights of the parties to office by reason of the

denial of the right, guaranteed by the Constitution of the United

States and secured by any law, to enforce the right of citizens of

the United States to vote in all the States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 932.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(15) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 15, 36 Stat. 1092).

Words "civil action" were substituted for "suits," in view of

Rule 2 of the Federal Rules of Civil Procedure.

Words "United States Senator" were added, as no reason appears

for including Representatives and excluding Senators. Moreover, the

Seventeenth amendment, providing for the popular election of

Senators, was adopted after the passage of the 1911 law on which

this section is based.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1345 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1345. United States as plaintiff

-STATUTE-

Except as otherwise provided by Act of Congress, the district

courts shall have original jurisdiction of all civil actions, suits

or proceedings commenced by the United States, or by any agency or

officer thereof expressly authorized to sue by Act of Congress.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(1) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283,

Sec. 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, Sec. 1, 50 Stat. 738;

Apr. 20, 1940, ch. 117, 54 Stat. 143).

Other provisions of section 41(1) of title 28, U.S.C., 1940 ed.,

are incorporated in sections 1331, 1332, 1341, 1342, 1354, and 1359

of this title.

Words "civil actions, suits or proceedings" were substituted for

"suits of a civil nature, at common law or in equity" in view of

Rules 2 and 81(a)(7) of the Federal Rules of Civil Procedure.

Word "agency" was inserted in order that this section shall apply

to actions by agencies of the Government and to conform with

special acts authorizing such actions. (See definitive section 451

of this title.)

The phrase "Except as otherwise provided by Act of Congress," at

the beginning of the section was inserted to make clear that

jurisdiction exists generally in district courts in the absence of

special provisions conferring it elsewhere.

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 1452, 1819,

2279aa-14.

-End-

-CITE-

28 USC Sec. 1346 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1346. United States as defendant

-STATUTE-

(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

8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978. 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 January 1, 1945, 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.

(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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 933; Apr. 25, 1949, ch. 92, Sec.

2(a), 63 Stat. 62; May 24, 1949, ch. 139, Sec. 80(a), (b), 63 Stat.

101; Oct. 31, 1951, ch. 655, Sec. 50(b), 65 Stat. 727; July 30,

1954, ch. 648, Sec. 1, 68 Stat. 589; Pub. L. 85-508, Sec. 12(e),

July 7, 1958, 72 Stat. 348; Pub. L. 88-519, Aug. 30, 1964, 78 Stat.

699; Pub. L. 89-719, title II, Sec. 202(a), Nov. 2, 1966, 80 Stat.

1148; Pub. L. 91-350, Sec. 1(a), July 23, 1970, 84 Stat. 449; Pub.

L. 92-562, Sec. 1, Oct. 25, 1972, 86 Stat. 1176; Pub. L. 94-455,

title XII, Sec. 1204(c)(1), title XIII, Sec. 1306(b)(7), Oct. 4,

1976, 90 Stat. 1697, 1719; Pub. L. 95-563, Sec. 14(a), Nov. 1,

1978, 92 Stat. 2389; Pub. L. 97-164, title I, Sec. 129, Apr. 2,

1982, 96 Stat. 39; Pub. L. 97-248, title IV, Sec. 402(c)(17), Sept.

3, 1982, 96 Stat. 669; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100

Stat. 2095; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,

1992, 106 Stat. 4516; Pub. L. 104-134, title I, Sec. 101[(a)]

[title VIII, Sec. 806], Apr. 26, 1996, 110 Stat. 1321, 1321-75;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327; Pub. L. 104-331, Sec. 3(b)(1), Oct. 26, 1996, 110 Stat.

4069.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 41(20), 931(a), 932

(Mar. 3, 1911, ch. 231, Sec. 24, par. 20, 36 Stat. 1093; Nov. 23,

1921, ch. 136, Sec. 1310(c), 42 Stat. 311; June 2, 1924, ch. 234,

Sec. 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972;

Feb. 26, 1926, ch. 27, Secs. 1122(c), 1200, 44 Stat. 121, 125; Aug.

2, 1946, ch. 753, Secs. 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 January 1, 1945" 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, Sec. 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., Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

The internal-revenue laws, referred to in subsec. (a)(1), are

classified generally to Title 26, Internal Revenue Code.

Sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of

1978, referred to in subsec. (a)(2), are classified to sections

607(g)(1) and 609(a)(1) of Title 41, Public Contracts.

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.

-MISC2-

AMENDMENTS

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 July 30, 1954, struck out language

imposing jurisdictional limitation of $10,000 on suits to recover

taxes.

1951 - Subsec. (d). Act Oct. 31, 1951, inserted references to

"claim" and "employees".

1949 - Subsec. (a)(1). Act May 24, 1949, Sec. 80(a), inserted ",

(i) if the claim does not exceed $10,000 or (ii)".

Subsec. (b). Acts Apr. 25, 1949, and May 24, 1949, Sec. 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".

EFFECTIVE DATE OF 1996 AMENDMENT

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.

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 AMENDMENTS

Amendment by Pub. L. 97-248 applicable to partnership taxable

years beginning after Sept. 3, 1982, with provision for the

applicability of the amendment to any partnership taxable year

ending after Sept. 3, 1982, 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 an Effective

Date note under section 6221 of Title 26, Internal Revenue Code.

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 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, set out as an Effective Date note under

section 601 of Title 41, Public Contracts.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 2 of Pub. L. 91-350 provided that:

"(a) In addition to granting jurisdiction over suits brought

after the date of enactment of this Act [July 23, 1970], 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 [July 23, 1970].

"(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

Section 203 of title II of Pub. L. 89-719 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 [Nov. 2, 1966]."

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission

of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959,

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.

-TRANS-

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 November 25, 2002, as modified, 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 Oct. 1, 1979, and ending midnight

Mar. 31, 1982, 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, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 995, 1295, 1402, 1413,

2402, 2409a, 2671, 2676, 2677, 2678, 2679, 2680, 3901, 3902, 3903,

3905 of this title; title 2 section 190g; title 3 sections 435,

451, 453; title 5 sections 3373, 3374, 3703, 3704, 8477; title 10

sections 1054, 1089; title 14 sections 821, 823a; title 16 sections

450ss-3, 698v-5; title 18 section 2712; title 22 sections 2702,

3761, 4606; title 25 sections 640d-17, 1680c, 1779c; title 26

section 7422; title 29 section 938; title 32 section 509; title 38

sections 515, 1151, 7316; title 41 sections 113, 602; title 42

sections 233, 238q, 405, 2212, 2221, 2223, 2458a, 4654, 5055,

7142c; title 43 section 1737; title 46 App. section 1242; title 47

section 606; title 48 section 1905; title 49 section 44309; title

50 App. sections 9, 2410.

-End-

-CITE-

28 USC Sec. 1347 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1347. Partition action where United States is joint tenant

-STATUTE-

The district courts shall have original jurisdiction of any civil

action commenced by any tenant in common or joint tenant for the

partition of lands where the United States is one of the tenants in

common or joint tenants.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(25) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 25, 36 Stat. 1094).

The venue provision in section 41(25) of title 28, U.S.C., 1940

ed., is incorporated in section 1399 of this title.

Words "civil action" were substituted for "suits in equity," in

view of Rule 2 of the Federal Rules of Civil Procedure.

A change was made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2409a of this title.

-End-

-CITE-

28 USC Sec. 1348 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1348. Banking association as party

-STATUTE-

The district courts shall have original jurisdiction of any civil

action commenced by the United States, or by direction of any

officer thereof, against any national banking association, any

civil action to wind up the affairs of any such association, and

any action by a banking association established in the district for

which the court is held, under chapter 2 of Title 12, to enjoin the

Comptroller of the Currency, or any receiver acting under his

direction, as provided by such chapter.

All national banking associations shall, for the purposes of all

other actions by or against them, be deemed citizens of the States

in which they are respectively located.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(16) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 16, 36 Stat. 1092).

Words "any civil action" were substituted for "all cases," in

view of Rule 2 of the Federal Rules of Civil Procedure.

Words "real, personal, or mixed, and all suits in equity," after

"all other actions by or against them," were omitted as

superfluous.

-TRANS-

EXCEPTION AS TO TRANSFER OF FUNCTIONS

Functions vested by any provision of law in the Comptroller of

the Currency, referred to in this section, were not included in the

transfer of functions of officers, agencies and employees of the

Department of the Treasury to the Secretary of the Treasury, made

by Reorg. Plan No. 26 of 1950, Sec. 1, eff. July 31, 1950, 15 F.R.

4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and

Finance.

-End-

-CITE-

28 USC Sec. 1349 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1349. Corporation organized under federal law as party

-STATUTE-

The district courts shall not have jurisdiction of any civil

action by or against any corporation upon the ground that it was

incorporated by or under an Act of Congress, unless the United

States is the owner of more than one-half of its capital stock.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 934.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 42 (Feb. 13, 1925, ch.

229, Sec. 12, 43 Stat. 941).

Words "civil action" were substituted for "action or suit," in

view of Rule 2 of the Federal Rules of Civil Procedure.

Minor changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 1452, 2279aa-14.

-End-

-CITE-

28 USC Sec. 1350 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1350. Alien's action for tort

-STATUTE-

The district courts shall have original jurisdiction of any civil

action by an alien for a tort only, committed in violation of the

law of nations or a treaty of the United States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 934.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(17) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 17, 36 Stat. 1093).

Words "civil action" were substituted for "suits," in view of

Rule 2 of the Federal Rules of Civil Procedure.

Changes in phraseology were made.

TORTURE VICTIM PROTECTION

Pub. L. 102-256, Mar. 12, 1992, 106 Stat. 73, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Torture Victim Protection Act of

1991'.

"SEC. 2. ESTABLISHMENT OF CIVIL ACTION.

"(a) Liability. - An individual who, under actual or apparent

authority, or color of law, of any foreign nation -

"(1) subjects an individual to torture shall, in a civil

action, be liable for damages to that individual; or

"(2) subjects an individual to extrajudicial killing shall, in

a civil action, be liable for damages to the individual's legal

representative, or to any person who may be a claimant in an

action for wrongful death.

"(b) Exhaustion of Remedies. - A court shall decline to hear a

claim under this section if the claimant has not exhausted adequate

and available remedies in the place in which the conduct giving

rise to the claim occurred.

"(c) Statute of Limitations. - No action shall be maintained

under this section unless it is commenced within 10 years after the

cause of action arose.

"SEC. 3. DEFINITIONS.

"(a) Extrajudicial Killing. - For the purposes of this Act, the

term 'extrajudicial killing' means a deliberated killing not

authorized by a previous judgment pronounced by a regularly

constituted court affording all the judicial guarantees which are

recognized as indispensable by civilized peoples. Such term,

however, does not include any such killing that, under

international law, is lawfully carried out under the authority of a

foreign nation.

"(b) Torture. - For the purposes of this Act -

"(1) the term 'torture' means any act, directed against an

individual in the offender's custody or physical control, by

which severe pain or suffering (other than pain or suffering

arising only from or inherent in, or incidental to, lawful

sanctions), whether physical or mental, is intentionally

inflicted on that individual for such purposes as obtaining from

that individual or a third person information or a confession,

punishing that individual for an act that individual or a third

person has committed or is suspected of having committed,

intimidating or coercing that individual or a third person, or

for any reason based on discrimination of any kind; and

"(2) mental pain or suffering refers to prolonged mental harm

caused by or resulting from -

"(A) the intentional infliction or threatened infliction of

severe physical pain or suffering;

"(B) the administration or application, or threatened

administration or application, of mind altering substances or

other procedures calculated to disrupt profoundly the senses or

the personality;

"(C) the threat of imminent death; or

"(D) the threat that another individual will imminently be

subjected to death, severe physical pain or suffering, or the

administration or application of mind altering substances or

other procedures calculated to disrupt profoundly the senses or

personality."

-End-

-CITE-

28 USC Sec. 1351 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1351. Consuls, vice consuls, and members of a diplomatic

mission as defendant

-STATUTE-

The district courts shall have original jurisdiction, exclusive

of the courts of the States, of all civil actions and proceedings

against -

(1) consuls or vice consuls of foreign states; or

(2) members of a mission or members of their families (as such

terms are defined in section 2 of the Diplomatic Relations Act).

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949, ch. 139, Sec.

80(c), 63 Stat. 101; Pub. L. 95-393, Sec. 8(a)(1), Sept. 30, 1978,

92 Stat. 810.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 41(18), 371(8) (Mar.

3, 1911, ch. 231, Secs. 24, par. 18, 256, par. 8, 36 Stat. 1093,

1160).

Words "civil action" were substituted for "suits," and "all suits

and proceedings" in view of Rule 2 of the Federal Rules of Civil

Procedure.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Section 2 of the Diplomatic Relations Act, referred to in par.

(2), is classified to section 254a of Title 22, Foreign Relations

and Intercourse.

-MISC2-

AMENDMENTS

1978 - Pub. L. 95-393 substituted "Consuls, vice consuls, and

members of a diplomatic mission as defendant" for "Consuls and vice

consuls as defendants" in section catchline, designated existing

provisions as introductory provision preceding par. (1), and in

such introductory provision as so designated, substituted "civil

actions and proceedings against - " for "actions and proceedings

against consuls or vice consuls of foreign states", and added pars.

(1) and (2).

1949 - Act May 24, 1949, substituted "of all actions and

proceedings" for "of any civil action".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-393 effective at end of ninety-day period

beginning on Sept. 30, 1978, see section 9 of Pub. L. 95-393, set

out as an Effective Date note under section 254a of Title 22,

Foreign Relations and Intercourse.

-End-

-CITE-

28 USC Sec. 1352 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1352. Bonds executed under federal law

-STATUTE-

The district courts shall have original jurisdiction, concurrent

with State courts, of any action on a bond executed under any law

of the United States, except matters within the jurisdiction of the

Court of International Trade under section 1582 of this title.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96-417, title V,

Sec. 506, Oct. 10, 1980, 94 Stat. 1743.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section is necessary to permit actions in the district

courts upon any bond authorized by a law of the United States. In

the absence of this new provision, such actions could not be

maintained except by the United States, where the amount and other

jurisdictional requisites did not exist. The new section also makes

clear that it does not affect the right to prosecute such actions

in State courts.

AMENDMENTS

1980 - Pub. L. 96-417 inserted exception for matters within the

jurisdiction of the Court of International Trade under section 1582

of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 applicable with respect to civil

actions commenced on or after the 90th day after Nov. 1, 1980, see

section 701(c)(1)(B) of Pub. L. 96-417, set out as a note under

section 251 of this title.

-End-

-CITE-

28 USC Sec. 1353 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1353. Indian allotments

-STATUTE-

The district courts shall have original jurisdiction of any civil

action involving the right of any person, in whole or in part of

Indian blood or descent, to any allotment of land under any Act of

Congress or treaty.

The judgment in favor of any claimant to an allotment of land

shall have the same effect, when properly certified to the

Secretary of the Interior, as if such allotment had been allowed

and approved by him; but this provision shall not apply to any

lands held on or before December 21, 1911, by either of the Five

Civilized Tribes, the Osage Nation of Indians, nor to any of the

lands within the Quapaw Indian Agency.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 934.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(24) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 24, 36 Stat. 1094; Dec. 21, 1911, ch. 5, 37

Stat. 46).

Words "any civil action" were substituted for "all actions,

suits, or proceedings," in view of Rule 2 of the Federal Rules of

Civil Procedure.

The sentence "The right of appeal shall be allowed to either

party as in other cases" was omitted as covered by section 1291 of

this title, relating to appeals to the court of appeals.

Changes in phraseology were made.

-End-

-CITE-

28 USC Sec. 1354 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1354. Land grants from different states

-STATUTE-

The district courts shall have original jurisdiction of actions

between citizens of the same state claiming lands under grants from

different states.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 934.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(1) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283,

Sec. 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, Sec. 1, 50 Stat. 738;

Apr. 20, 1940, ch. 117, 54 Stat. 143).

Other provisions of section 41(1) of title 28, U.S.C., 1940 ed.,

are incorporated in sections 1331, 1332, 1341, 1342, 1345, and 1359

of this title.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1355 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1355. Fine, penalty or forfeiture

-STATUTE-

(a) The district courts shall have original jurisdiction,

exclusive of the courts of the States, of any action or proceeding

for the recovery or enforcement of any fine, penalty, or

forfeiture, pecuniary or otherwise, incurred under any Act of

Congress, except matters within the jurisdiction of the Court of

International Trade under section 1582 of this title.

(b)(1) A forfeiture action or proceeding may be brought in -

(A) the district court for the district in which any of the

acts or omissions giving rise to the forfeiture occurred, or

(B) any other district where venue for the forfeiture action or

proceeding is specifically provided for in section 1395 of this

title or any other statute.

(2) Whenever property subject to forfeiture under the laws of the

United States is located in a foreign country, or has been detained

or seized pursuant to legal process or competent authority of a

foreign government, an action or proceeding for forfeiture may be

brought as provided in paragraph (1), or in the United States

District court (!1) for the District of Columbia.

(c) In any case in which a final order disposing of property in a

civil forfeiture action or proceeding is appealed, removal of the

property by the prevailing party shall not deprive the court of

jurisdiction. Upon motion of the appealing party, the district

court or the court of appeals shall issue any order necessary to

preserve the right of the appealing party to the full value of the

property at issue, including a stay of the judgment of the district

court pending appeal or requiring the prevailing party to post an

appeal bond.

(d) Any court with jurisdiction over a forfeiture action pursuant

to subsection (b) may issue and cause to be served in any other

district such process as may be required to bring before the court

the property that is the subject of the forfeiture action.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96-417, title V,

Sec. 507, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102-550, title XV,

Sec. 1521, Oct. 28, 1992, 106 Stat. 4062.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 41(9) and 371(2) (Mar.

3, 1911, ch. 231, Secs. 24, par. 9, 256, par. 2, 36 Stat. 1092,

1160).

Word "fine" was inserted so that this section will apply to the

many provisions in the United States Code for fines which are

essentially civil. (See, also, section 2461 of this title and

reviser's note thereunder.)

Words "pecuniary or otherwise" were added to make this section

expressly applicable to both pecuniary and property forfeitures.

The original section was so construed in Miller v. United States,

1870, 11 Wall. 268, 20 L.Ed. 135; Tyler v. Defrees, 1870, 11 Wall.

331, and The Rosemary, C.C.A. 1928, 26 F.2d 354, certiorari denied

49 S.Ct. 23, 278 U.S. 619, 73 L.Ed. 542.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-550 designated existing provisions as subsec.

(a) and added subsecs. (b) to (d).

1980 - Pub. L. 96-417 inserted exception for matters within the

jurisdiction of the Court of International Trade under section 1582

of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 applicable with respect to civil

actions commenced on or after the 90th day after Nov. 1, 1980, see

section 701(c)(1)(B) of Pub. L. 96-417, set out as a note under

section 251 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 981; title 21

sections 360pp, 842.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

28 USC Sec. 1356 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1356. Seizures not within admiralty and maritime jurisdiction

-STATUTE-

The district courts shall have original jurisdiction, exclusive

of the courts of the States, of any seizure under any law of the

United States on land or upon waters not within admiralty and

maritime jurisdiction, except matters within the jurisdiction of

the Court of International Trade under section 1582 of this title.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96-417, title V,

Sec. 508, Oct. 10, 1980, 94 Stat. 1743.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 41(3) and 371(4) (Mar.

3, 1911, ch. 231, Secs. 24, par. 3, 256, par. 4, 36 Stat. 1091,

1160; Oct. 6, 1917, ch. 97, Sec. 1, 40 Stat. 395; June 10, 1922,

ch. 216, Sec. 1, 42 Stat. 634).

Section consolidates certain provisions of sections 41(3) and

371(4) of title 28, U.S.C., 1940 ed. Other provisions of such

sections are incorporated in section 1333 of this title.

Changes were made in arrangement and phraseology.

AMENDMENTS

1980 - Pub. L. 96-417 inserted exception for matters within the

jurisdiction of the Court of International Trade under section 1582

of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 applicable with respect to civil

actions commenced on or after the 90th day after Nov. 1, 1980, see

section 701(c)(1)(B) of Pub. L. 96-417, set out as a note under

section 251 of this title.

-End-

-CITE-

28 USC Sec. 1357 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1357. Injuries under Federal laws

-STATUTE-

The district courts shall have original jurisdiction of any civil

action commenced by any person to recover damages for any injury to

his person or property on account of any act done by him, under any

Act of Congress, for the protection or collection of any of the

revenues, or to enforce the right of citizens of the United States

to vote in any State.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 934.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(11) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 11, 36 Stat. 1092.)

Words "any civil action" were substituted for "all suits," in

view of Rule 2 of the Federal Rules of Civil Procedure.

Minor changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1358 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1358. Eminent domain

-STATUTE-

The district courts shall have original jurisdiction of all

proceedings to condemn real estate for the use of the United States

or its departments or agencies.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 935.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 257 of title 40, U.S.C., 1940 ed., Public

Buildings, Property, and Works (Aug. 1, 1888, ch. 728, Sec. 1, 25

Stat. 357; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167).

The venue provisions of section 257 of title 40, U.S.C., 1940

ed., are incorporated in section 1403 of this title.

Other provisions of section 257 of title 40, U.S.C., 1940 ed.,

are retained in said title 40.

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 79c.

-End-

-CITE-

28 USC Sec. 1359 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1359. Parties collusively joined or made

-STATUTE-

A district court shall not have jurisdiction of a civil action in

which any party, by assignment or otherwise, has been improperly or

collusively made or joined to invoke the jurisdiction of such

court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 935.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed. Secs. 41(1) and 80 (Mar. 3,

1911, ch. 231, Secs. 24(1), 37, 36 Stat. 1091, 1098; May 14, 1934,

ch. 283, Sec. 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, Sec. 1, 50

Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143).

Other provisions of section 41(1) of title 28, U.S.C., 1940 ed.,

are incorporated in sections 1331, 1332, 1341, 1342, 1345, and 1354

of this title.

Provisions of section 80 of title 28, U.S.C., 1940 ed., for

payment of costs upon dismissal of an action for lack of

jurisdiction are incorporated in section 1919 of this title. Other

provisions of said section 80 appear in section 1447 of this title.

Provisions of section 80 of title 28, U.S.C., 1940 ed., for

dismissal of an action not really and substantially involving a

dispute or controversy within the jurisdiction of a district court,

were omitted as unnecessary. Any court will dismiss a case not

within its jurisdiction when its attention is drawn to the fact, or

even on its own motion.

The assignee clause in section 41(1) of title 28, U.S.C., 1940

ed., "is a jumble of legislative jargon." (For further references

to the consequences of "its obscure phraseology," see, 35 Ill. Law

Rev., January 1941, pp. 569-571.)

The revised section changes this clause by confining its

application to cases wherein the assignment is improperly or

collusively made to invoke jurisdiction. Furthermore, the

difficulty of applying the original clause is overcome and the

original purpose of such clause is better served by substantially

following section 80 of title 28, U.S.C., 1940 ed.

The assignee clause was incorporated in the original Judiciary

Act of 1789. Such section 80 was enacted in 1875. The history of

the assignee clause "shows clearly that its purpose and effect, at

the time of its enactment were to prevent the conferring of

jurisdiction on the Federal courts, on grounds of diversity of

citizenship, by assignment, in cases where it would not otherwise

exist." (Sowell v. Federal Reserve Bank, 1925, 45 S.Ct. 528, 529,

268 U.S. 449, 453, 69 L.Ed. 1041, 1048.) Thus the purpose of the

assignee clause was to prevent the manufacture of Federal

jurisdiction by the device of assignment. It achieves this purpose

only partially. For example, the assignee clause excepts two types

of choses in action from its coverage: (1) Foreign bill of

exchange; and (2) corporate bearer paper. But this does not prevent

the use of assignment of these choses in action to create the

necessary diversity or alienage for jurisdictional purposes. Such

section 80 does, however, prevent that. (See Bullard v. City of

Cisco, 1933, 54 S.Ct. 177, 290 U.S. 179, 78 L.Ed. 254, 93 A.L.R.

141.) Its coverage against collusive jurisdiction is unlimited, and

its approach is direct. The assignee clause, on the other hand,

prevents the bona fide assignee of a chose in action within its

terms from resorting to the Federal courts unless there is

jurisdiction to support the assignee-plaintiff's case and a showing

that there would have been jurisdiction if the assignor had brought

the action in lieu of the assignee-plaintiff. Since the assignee

clause deals with the bona fide assignee, there has been much

litigation to determine the assignments which should or should not

be within the purview of the clause. Thus the courts have thought

it advisable to limit the term "chose in action" and exclude from

its scope (1) an implied in law duty or promise, and (2) a transfer

of a property interest; and to exclude an assignment by operation

of law from the coverage of the clause. Intermediate assignments

and reassignment also give difficulty.

-End-

-CITE-

28 USC Sec. 1360 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1360. State civil jurisdiction in actions to which Indians are

parties

-STATUTE-

(a) Each of the States listed in the following table shall have

jurisdiction over civil causes of action between Indians or to

which Indians are parties which arise in the areas of Indian

country listed opposite the name of the State to the same extent

that such State has jurisdiction over other civil causes of action,

and those civil laws of such State that are of general application

to private persons or private property shall have the same force

and effect within such Indian country as they have elsewhere within

the State:

State of Indian country affected

--------------------------------------------------------------------

Alaska All Indian country within the State.

California All Indian country within the State.

Minnesota All Indian country within the State,

except the Red Lake Reservation.

Nebraska All Indian country within the State.

Oregon All Indian country within the State,

except the Warm Springs Reservation.

Wisconsin All Indian country within the State.

--------------------------------------------------------------------

(b) Nothing in this section shall authorize the alienation,

encumbrance, or taxation of any real or personal property,

including water rights, belonging to any Indian or any Indian

tribe, band, or community that is held in trust by the United

States or is subject to a restriction against alienation imposed by

the United States; or shall authorize regulation of the use of such

property in a manner inconsistent with any Federal treaty,

agreement, or statute or with any regulation made pursuant thereto;

or shall confer jurisdiction upon the State to adjudicate, in

probate proceedings or otherwise, the ownership or right to

possession of such property or any interest therein.

(c) Any tribal ordinance or custom heretofore or hereafter

adopted by an Indian tribe, band, or community in the exercise of

any authority which it may possess shall, if not inconsistent with

any applicable civil law of the State, be given full force and

effect in the determination of civil causes of action pursuant to

this section.

-SOURCE-

(Added Aug. 15, 1953, ch. 505, Sec. 4, 67 Stat. 589; amended Aug.

24, 1954, ch. 910, Sec. 2, 68 Stat. 795; Pub. L. 85-615, Sec. 2,

Aug. 8, 1958, 72 Stat. 545; Pub. L. 95-598, title II, Sec. 239,

Nov. 6, 1978, 92 Stat. 2668; Pub. L. 98-353, title I, Sec. 110,

July 10, 1984, 98 Stat. 342.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-353 struck out "or Territories"

after "Each of the States", struck out "or Territory" after "State"

in 5 places, and substituted "within the State" for "within the

Territory" in item relating to Alaska.

1978 - Subsec. (a). Pub. L. 95-598 directed the amendment of

subsec. (a) by substituting in the item relating to Alaska "within

the State" for "within the Territory", which amendment did not

become effective pursuant 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.

1958 - Subsec. (a). Pub. L. 85-615 gave Alaska jurisdiction over

civil causes of action between Indians or to which Indians are

parties which arise in all Indian country within the Territory of

Alaska.

1954 - Subsec. (a). Act Aug. 24, 1954, brought the Menominee

Tribe within the provisions of this section.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-353 effective July 10, 1984, see section

122(a) of Pub. L. 98-353, set out as an Effective Date note under

section 151 of this title.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

AMENDMENT OF STATE CONSTITUTIONS TO REMOVE LEGAL IMPEDIMENT;

EFFECTIVE DATE

Section 6 of act Aug. 15, 1953, provided that: "Notwithstanding

the provisions of any Enabling Act for the admission of a State,

the consent of the United States is hereby given to the people of

any State to amend, where necessary, their State constitution or

existing statutes, as the case may be, to remove any legal

impediment to the assumption of civil and criminal jurisdiction in

accordance with the provisions of this Act [adding this section and

section 1162 of Title 18, Crimes and Criminal Procedure]: Provided,

That the provisions of this Act shall not become effective with

respect to such assumption of jurisdiction by any such State until

the people thereof have appropriately amended their State

constitution or statutes as the case may be."

CONSENT OF UNITED STATES TO OTHER STATES TO ASSUME JURISDICTION

Act Aug. 15, 1953, ch. 505, Sec. 7, 67 Stat. 590, which gave

consent of the United States to any other State not having

jurisdiction with respect to criminal offenses or civil causes of

action, or with respect to both, as provided for in this section

and section 1162 of Title 18, Crimes and Criminal Procedure, to

assume jurisdiction at such time and in such manner as the people

of the State shall, by legislative action, obligate and bind the

State to assumption thereof, was repealed by section 403(b) of Pub.

L. 90-284, title IV, Apr. 11, 1968, 82 Stat. 79, such repeal not to

affect any cession of jurisdiction made pursuant to such section

prior to its repeal.

Retrocession of jurisdiction by State acquired by State pursuant

to section 7 of Act Aug. 15, 1953, prior to its repeal, see section

1323 of Title 25, Indians.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 sections 566e, 711e,

713f, 714e, 715d, 1300b-15, 1300f, 1300i-1, 1323, 1747, 1772d,

1918.

-End-

-CITE-

28 USC Sec. 1361 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1361. Action to compel an officer of the United States to

perform his duty

-STATUTE-

The district courts shall have original jurisdiction of any

action in the nature of mandamus to compel an officer or employee

of the United States or any agency thereof to perform a duty owed

to the plaintiff.

-SOURCE-

(Added Pub. L. 87-748, Sec. 1(a), Oct. 5, 1962, 76 Stat. 744.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 923; title 25

section 2103; title 42 sections 300j-9, 5851, 7622; title 49

section 42121.

-End-

-CITE-

28 USC Sec. 1362 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1362. Indian tribes

-STATUTE-

The district courts shall have original jurisdiction of all civil

actions, brought by any Indian tribe or band with a governing body

duly recognized by the Secretary of the Interior, wherein the

matter in controversy arises under the Constitution, laws, or

treaties of the United States.

-SOURCE-

(Added Pub. L. 89-635, Sec. 1, Oct. 10, 1966, 80 Stat. 880.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 1725.

-End-

-CITE-

28 USC Sec. 1363 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1363. Jurors' employment rights

-STATUTE-

The district courts shall have original jurisdiction of any civil

action brought for the protection of jurors' employment under

section 1875 of this title.

-SOURCE-

(Added Pub. L. 95-572, Sec. 6(b)(1), Nov. 2, 1978, 92 Stat. 2457.)

-MISC1-

PRIOR PROVISIONS

A prior section 1363 was renumbered section 1366 of this title.

EFFECTIVE DATE

Section 7 of Pub. L. 95-572 provided that:

"(a) Except as provided in subsection (b) of this section, the

amendments made by this Act [enacting this section and section

1875, renumbering section 1363, relating to construction of

references to laws of the United States or Acts of Congress, as

section 1364, and amending sections 1863, 1865, 1866, 1869, and

1871 of this title] shall apply with respect to any grand or petit

juror summoned for service or actually serving on or after the date

of enactment of this Act [Nov. 2, 1978].

"(b) The amendment made by section 5 of this Act [amending

section 1871 of this title] shall apply with respect to any grand

or petit juror serving on or after the sixtieth day following the

date of enactment of this Act [Nov. 2, 1978]."

-End-

-CITE-

28 USC Sec. 1364 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1364. Direct actions against insurers of members of diplomatic

missions and their families

-STATUTE-

(a) The district courts shall have original and exclusive

jurisdiction, without regard to the amount in controversy, of any

civil action commenced by any person against an insurer who by

contract has insured an individual, who is, or was at the time of

the tortious act or omission, a member of a mission (within the

meaning of section 2(3) of the Diplomatic Relations Act (22 U.S.C.

254a(3))) or a member of the family of such a member of a mission,

or an individual described in section 19 of the Convention on

Privileges and Immunities of the United Nations of February 13,

1946, against liability for personal injury, death, or damage to

property.

(b) Any direct action brought against an insurer under subsection

(a) shall be tried without a jury, but shall not be subject to the

defense that the insured is immune from suit, that the insured is

an indispensable party, or in the absence of fraud or collusion,

that the insured has violated a term of the contract, unless the

contract was cancelled before the claim arose.

-SOURCE-

(Added Pub. L. 95-393, Sec. 7(a), Sept. 30, 1978, 92 Stat. 809;

amended Pub. L. 97-241, title II, Sec. 203(b)(4), Aug. 24, 1982, 96

Stat. 291; Pub. L. 100-204, title I, Sec. 138(a), Dec. 22, 1987,

101 Stat. 1347.)

-COD-

CODIFICATION

Two other sections 1364 were renumbered sections 1365 and 1366 of

this title.

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-204 inserted ", or was at the

time of the tortious act or omission," after "who is".

1982 - Subsec. (a). Pub. L. 97-241 substituted "within the

meaning of section 2(3) of the Diplomatic Relations Act (22 U.S.C.

254a(3))" for "as defined in the Vienna Convention on Diplomatic

Relations".

EFFECTIVE DATE OF 1987 AMENDMENT

Section 138(b) of Pub. L. 100-204 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to the

first tortious act or omission occurring after the date of

enactment of this Act [Dec. 22, 1987]."

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-241 effective Oct. 1, 1982, see section

204 of Pub. L. 97-241, set out as an Effective Date note under

section 4301 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE

Section effective at end of ninety-day period beginning on Sept.

30, 1978, see section 9 of Pub. L. 95-393, set out as a note under

section 254a of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-

28 USC Sec. 1365 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1365. Senate actions

-STATUTE-

(a) The United States District Court for the District of Columbia

shall have original jurisdiction, without regard to the amount in

controversy, over any civil action brought by the Senate or any

authorized committee or subcommittee of the Senate to enforce, to

secure a declaratory judgment concerning the validity of, or to

prevent a threatened refusal or failure to comply with, any subpena

or order issued by the Senate or committee or subcommittee of the

Senate to any entity acting or purporting to act under color or

authority of State law or to any natural person to secure the

production of documents or other materials of any kind or the

answering of any deposition or interrogatory or to secure testimony

or any combination thereof. This section shall not apply to an

action to enforce, to secure a declaratory judgment concerning the

validity of, or to prevent a threatened refusal to comply with, any

subpena or order issued to an officer or employee of the executive

branch of the Federal Government acting within his or her official

capacity, except that this section shall apply if the refusal to

comply is based on the assertion of a personal privilege or

objection and is not based on a governmental privilege or objection

the assertion of which has been authorized by the executive branch

of the Federal Government.

(b) Upon application by the Senate or any authorized committee or

subcommittee of the Senate, the district court shall issue an order

to an entity or person refusing, or failing to comply with, or

threatening to refuse or not to comply with, a subpena or order of

the Senate or committee or subcommittee of the Senate requiring

such entity or person to comply forthwith. Any refusal or failure

to obey a lawful order of the district court issued pursuant to

this section may be held by such court to be a contempt thereof. A

contempt proceeding shall be commenced by an order to show cause

before the court why the entity or person refusing or failing to

obey the court order should not be held in contempt of court. Such

contempt proceeding shall be tried by the court and shall be

summary in manner. The purpose of sanctions imposed as a result of

such contempt proceeding shall be to compel obedience to the order

of the court. Process in any such action or contempt proceeding may

be served in any judicial district wherein the entity or party

refusing, or failing to comply, or threatening to refuse or not to

comply, resides, transacts business, or may be found, and subpenas

for witnesses who are required to attend such proceeding may run

into any other district. Nothing in this section shall confer upon

such court jurisdiction to affect by injunction or otherwise the

issuance or effect of any subpena or order of the Senate or any

committee or subcommittee of the Senate or to review, modify,

suspend, terminate, or set aside any such subpena or order. An

action, contempt proceeding, or sanction brought or imposed

pursuant to this section shall not abate upon adjournment sine die

by the Senate at the end of a Congress if the Senate or the

committee or subcommittee of the Senate which issued the subpena or

order certifies to the court that it maintains its interest in

securing the documents, answers, or testimony during such

adjournment.

[(c) Repealed. Pub. L. 98-620, title IV, Sec. 402(29)(D), Nov. 8,

1984, 98 Stat. 3359.]

(d) The Senate or any committee or subcommittee of the Senate

commencing and prosecuting a civil action or contempt proceeding

under this section may be represented in such action by such

attorneys as the Senate may designate.

(e) A civil action commenced or prosecuted under this section,

may not be authorized pursuant to the Standing Order of the Senate

"authorizing suits by Senate Committees" (S. Jour. 572, May 28,

1928).

(f) For the purposes of this section the term "committee"

includes standing, select, or special committees of the Senate

established by law or resolution.

-SOURCE-

(Added Pub. L. 95-521, title VII, Sec. 705(f)(1), Oct. 26, 1978, 92

Stat. 1879, Sec. 1364; amended Pub. L. 98-620, title IV, Sec.

402(29)(D), Nov. 8, 1984, 98 Stat. 3359; renumbered Sec. 1365, Pub.

L. 99-336, Sec. 6(a)(1)(B), June 19, 1986, 100 Stat. 638; Pub. L.

104-292, Sec. 4, Oct. 11, 1996, 110 Stat. 3460.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-292 substituted "executive branch

of the Federal Government acting within his or her official

capacity, except that this section shall apply if the refusal to

comply is based on the assertion of a personal privilege or

objection and is not based on a governmental privilege or objection

the assertion of which has been authorized by the executive branch

of the Federal Government" for "Federal Government acting within

his official capacity".

1984 - Subsec. (c). Pub. L. 98-620 struck out subsec. (c) which

provided that in any civil action or contempt proceeding brought

pursuant to this section, the court had to assign the action or

proceeding for hearing at the earliest practicable date and cause

the action or proceeding in every way to be expedited, and that any

appeal or petition for review from any order or judgment in such

action or proceeding had to be expedited in the same manner.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of this title.

EFFECTIVE DATE

Section effective Jan. 3, 1979, see section 717 of Pub. L.

95-521, set out as a note under section 288 of Title 2, The

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 288d.

-End-

-CITE-

28 USC Sec. 1366 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1366. Construction of references to laws of the United States

or Acts of Congress

-STATUTE-

For the purposes of this chapter, references to laws of the

United States or Acts of Congress do not include laws applicable

exclusively to the District of Columbia.

-SOURCE-

(Added Pub. L. 91-358, title I, Sec. 172(c)(1), July 29, 1970, 84

Stat. 590, Sec. 1363; renumbered Sec. 1364, Pub. L. 95-572, Sec.

6(b)(1), Nov. 2, 1978, 92 Stat. 2456; renumbered Sec. 1366, Pub. L.

99-336, Sec. 6(a)(1)(C), June 19, 1986, 100 Stat. 639.)

-End-

-CITE-

28 USC Sec. 1367 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1367. Supplemental jurisdiction

-STATUTE-

(a) Except as provided in subsections (b) and (c) or as expressly

provided otherwise by Federal statute, in any civil action of which

the district courts have original jurisdiction, the district courts

shall have supplemental jurisdiction over all other claims that are

so related to claims in the action within such original

jurisdiction that they form part of the same case or controversy

under Article III of the United States Constitution. Such

supplemental jurisdiction shall include claims that involve the

joinder or intervention of additional parties.

(b) In any civil action of which the district courts have

original jurisdiction founded solely on section 1332 of this title,

the district courts shall not have supplemental jurisdiction under

subsection (a) over claims by plaintiffs against persons made

parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil

Procedure, or over claims by persons proposed to be joined as

plaintiffs under Rule 19 of such rules, or seeking to intervene as

plaintiffs under Rule 24 of such rules, when exercising

supplemental jurisdiction over such claims would be inconsistent

with the jurisdictional requirements of section 1332.

(c) The district courts may decline to exercise supplemental

jurisdiction over a claim under subsection (a) if -

(1) the claim raises a novel or complex issue of State law,

(2) the claim substantially predominates over the claim or

claims over which the district court has original jurisdiction,

(3) the district court has dismissed all claims over which it

has original jurisdiction, or

(4) in exceptional circumstances, there are other compelling

reasons for declining jurisdiction.

(d) The period of limitations for any claim asserted under

subsection (a), and for any other claim in the same action that is

voluntarily dismissed at the same time as or after the dismissal of

the claim under subsection (a), shall be tolled while the claim is

pending and for a period of 30 days after it is dismissed unless

State law provides for a longer tolling period.

(e) As used in this section, the term "State" includes the

District of Columbia, the Commonwealth of Puerto Rico, and any

territory or possession of the United States.

-SOURCE-

(Added Pub. L. 101-650, title III, Sec. 310(a), Dec. 1, 1990, 104

Stat. 5113.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (b),

are set out in the Appendix to this title.

-MISC1-

EFFECTIVE DATE

Section 310(c) of Pub. L. 101-650 provided that: "The amendments

made by this section [enacting this section] shall apply to civil

actions commenced on or after the date of the enactment of this Act

[Dec. 1, 1990]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 13981.

-End-

-CITE-

28 USC Sec. 1368 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1368. Counterclaims in unfair practices in international

trade.

-STATUTE-

The district courts shall have original jurisdiction of any civil

action based on a counterclaim raised pursuant to section 337(c) of

the Tariff Act of 1930, to the extent that it arises out of the

transaction or occurrence that is the subject matter of the

opposing party's claim in the proceeding under section 337(a) of

that Act.

-SOURCE-

(Added Pub. L. 103-465, title III, Sec. 321(b)(3)(A), Dec. 8, 1994,

108 Stat. 4946.)

-REFTEXT-

REFERENCES IN TEXT

Section 337 of the Tariff Act of 1930, referred to in text, is

classified to section 1337 of Title 19, Customs Duties.

-MISC1-

EFFECTIVE DATE

Section applicable with respect to complaints filed under section

1337 of Title 19, Customs Duties, on or after the date on which the

World Trade Organization Agreement enters into force with respect

to the United States [Jan. 1, 1995], or in cases under section 1337

of Title 19 in which no complaint is filed, with respect to

investigations initiated under such section on or after such date,

see section 322 of Pub. L. 103-465, set out as an Effective Date of

1994 Amendment note under section 1337 of Title 19.

-End-

-CITE-

28 USC Sec. 1369 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 85 - DISTRICT COURTS; JURISDICTION

-HEAD-

Sec. 1369. Multiparty, multiforum jurisdiction

-STATUTE-

(a) In General. - The district courts shall have original

jurisdiction of any civil action involving minimal diversity

between adverse parties that arises from a single accident, where

at least 75 natural persons have died in the accident at a discrete

location, if -

(1) a defendant resides in a State and a substantial part of

the accident took place in another State or other location,

regardless of whether that defendant is also a resident of the

State where a substantial part of the accident took place;

(2) any two defendants reside in different States, regardless

of whether such defendants are also residents of the same State

or States; or

(3) substantial parts of the accident took place in different

States.

(b) Limitation of Jurisdiction of District Courts. - The district

court shall abstain from hearing any civil action described in

subsection (a) in which -

(1) the substantial majority of all plaintiffs are citizens of

a single State of which the primary defendants are also citizens;

and

(2) the claims asserted will be governed primarily by the laws

of that State.

(c) Special Rules and Definitions. - For purposes of this section

-

(1) minimal diversity exists between adverse parties if any

party is a citizen of a State and any adverse party is a citizen

of another State, a citizen or subject of a foreign state, or a

foreign state as defined in section 1603(a) of this title;

(2) a corporation is deemed to be a citizen of any State, and a

citizen or subject of any foreign state, in which it is

incorporated or has its principal place of business, and is

deemed to be a resident of any State in which it is incorporated

or licensed to do business or is doing business;

(3) the term "injury" means -

(A) physical harm to a natural person; and

(B) physical damage to or destruction of tangible property,

but only if physical harm described in subparagraph (A) exists;

(4) the term "accident" means a sudden accident, or a natural

event culminating in an accident, that results in death incurred

at a discrete location by at least 75 natural persons; and

(5) the term "State" includes the District of Columbia, the

Commonwealth of Puerto Rico, and any territory or possession of

the United States.

(d) Intervening Parties. - In any action in a district court

which is or could have been brought, in whole or in part, under

this section, any person with a claim arising from the accident

described in subsection (a) shall be permitted to intervene as a

party plaintiff in the action, even if that person could not have

brought an action in a district court as an original matter.

(e) Notification of Judicial Panel on Multidistrict Litigation. -

A district court in which an action under this section is pending

shall promptly notify the judicial panel on multidistrict

litigation of the pendency of the action.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11020(b)(1)(A), Nov.

2, 2002, 116 Stat. 1826.)

-MISC1-

EFFECTIVE DATE

Pub. L. 107-273, div. C, title I, Sec. 11020(c), Nov. 2, 2002,

116 Stat. 1829, provided that: "The amendments made by subsection

(b) [enacting this section and sections 1697 and 1785 of this title

and amending sections 1391 and 1441 of this title] shall apply to a

civil action if the accident giving rise to the cause of action

occurred on or after the 90th day after the date of the enactment

of this Act [Nov. 2, 2002]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1391, 1441, 1697, 1785 of

this title.

-End-