US (United States) Code. Title 28. Chapter 91: US (United States) Court of Federal Claims

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

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-CITE-

28 USC CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-MISC1-

Sec.

1491. Claims against United States generally; actions

involving Tennessee Valley Authority.

1492. Congressional reference cases.

[1493. Repealed.]

1494. Accounts of officers, agents or contractors.

1495. Damages for unjust conviction and imprisonment; claim

against United States.

1496. Disbursing officers' claims.

1497. Oyster growers' damages from dredging operations.

1498. Patent and copyright cases.

1499. Liquidated damages withheld from contractors under

Contract Work Hours and Safety Standards Act.

1500. Pendency of claims in other courts.

1501. Pensions.

1502. Treaty cases.

1503. Set-offs.

[1504. Repealed.]

1505. Indian claims.

[1506. Repealed.]

1507. Jurisdiction for certain declaratory judgments.

1508. Jurisdiction for certain partnership proceedings.

1509. No jurisdiction in cases involving refunds of tax

shelter promoter and understatement penalties.

HISTORICAL AND REVISION NOTES

1949 ACT

This section inserts in the analysis of chapter 91 of title 28,

U.S.C., item 1505, corresponding to new section 1505.

AMENDMENTS

1992 - Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct. 29, 1992,

106 Stat. 4516, substituted "UNITED STATES COURT OF FEDERAL CLAIMS"

for "UNITED STATES CLAIMS COURT" as chapter heading.

1984 - Pub. L. 98-369, div. A, title VII, Sec. 714(g)(3), July

18, 1984, 98 Stat. 962, added item 1509.

1982 - Pub. L. 97-248, title IV, Sec. 402(c)(18)(B), Sept. 3,

1982, 96 Stat. 669, added item 1508.

Pub. L. 97-164, title I, Sec. 133(e)(2)(B), (f), (h), (j)(2),

Apr. 2, 1982, 96 Stat. 41, substituted "UNITED STATES CLAIMS COURT"

for "COURT OF CLAIMS" in chapter heading, substituted "Liquidated

damages withheld from contractors under Contract Work Hours and

Safety Standards Act" for "Penalties imposed against contractors

under eight hour law" in item 1499, and struck out items 1504 "Tort

Claims" and 1506 "Transfer to cure defect of jurisdiction".

1976 - Pub. L. 94-455, title XIII, Sec. 1306(b)(9)(B), Oct. 4,

1976, 90 Stat. 1720, added item 1507.

1960 - Pub. L. 86-770, Sec. 2(b), Sept. 13, 1960, 74 Stat. 912,

added item 1506.

Pub. L. 86-726, Sec. 4, Sept. 8, 1960, 74 Stat. 856, substituted

"Patent and copyright cases" for "Patent cases" in item 1498.

1954 - Act Sept. 3, 1954, ch. 1263, Sec. 43, 68 Stat. 1241,

inserted "; actions involving Tennessee Valley Authority" in item

1491 and struck out item 1493 "Departmental reference cases".

1949 - Act May 24, 1949, ch. 139, Sec. 86, 63 Stat. 102, added

item 1505.

-CROSS-

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

See Appendix to this title.

-End-

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28 USC Sec. 1491 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1491. Claims against United States generally; actions

involving Tennessee Valley Authority

-STATUTE-

(a)(1) The United States Court of Federal Claims shall have

jurisdiction to render judgment upon any claim against the United

States 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. 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.

(2) To provide an entire remedy and to complete the relief

afforded by the judgment, the court may, as an incident of and

collateral to any such judgment, issue orders directing restoration

to office or position, placement in appropriate duty or retirement

status, and correction of applicable records, and such orders may

be issued to any appropriate official of the United States. In any

case within its jurisdiction, the court shall have the power to

remand appropriate matters to any administrative or executive body

or official with such direction as it may deem proper and just. The

Court of Federal Claims shall have jurisdiction to render judgment

upon any claim by or against, or dispute with, a contractor arising

under section 10(a)(1) of the Contract Disputes Act of 1978,

including a dispute concerning termination of a contract, rights in

tangible or intangible property, compliance with cost accounting

standards, and other nonmonetary disputes on which a decision of

the contracting officer has been issued under section 6 of that

Act.

(b)(1) Both the Unites (!1) States Court of Federal Claims and

the district courts of the United States shall have jurisdiction to

render judgment on an action by an interested party objecting to a

solicitation by a Federal agency for bids or proposals for a

proposed contract or to a proposed award or the award of a contract

or any alleged violation of statute or regulation in connection

with a procurement or a proposed procurement. Both the United

States Court of Federal Claims and the district courts of the

United States shall have jurisdiction to entertain such an action

without regard to whether suit is instituted before or after the

contract is awarded.

(2) To afford relief in such an action, the courts may award any

relief that the court considers proper, including declaratory and

injunctive relief except that any monetary relief shall be limited

to bid preparation and proposal costs.

(3) In exercising jurisdiction under this subsection, the courts

shall give due regard to the interests of national defense and

national security and the need for expeditious resolution of the

action.

(4) In any action under this subsection, the courts shall review

the agency's decision pursuant to the standards set forth in

section 706 of title 5.

(c) Nothing herein shall be construed to give the United States

Court of Federal Claims jurisdiction of any civil action within the

exclusive jurisdiction of the Court of International Trade, or of

any action against, or founded on conduct of, the Tennessee Valley

Authority, or to amend or modify the provisions of the Tennessee

Valley Authority Act of 1933 with respect to actions by or against

the Authority.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 940; July 28, 1953, ch. 253, Sec.

7, 67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 44(a), (b), 68 Stat.

1241; Pub. L. 91-350, Sec. 1(b), July 23, 1970, 84 Stat. 449; Pub.

L. 92-415, Sec. 1, Aug. 29, 1972, 86 Stat. 652; Pub. L. 95-563,

Sec. 14(i), Nov. 1, 1978, 92 Stat. 2391; Pub. L. 96-417, title V,

Sec. 509, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 97-164, title I,

Sec. 133(a), Apr. 2, 1982, 96 Stat. 39; Pub. L. 102-572, title IX,

Secs. 902(a), 907(b)(1), Oct. 29, 1992, 106 Stat. 4516, 4519; Pub.

L. 104-320, Sec. 12(a), Oct. 19, 1996, 110 Stat. 3874.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 250(1) (Mar. 3, 1911,

ch. 231; Sec. 145, 36 Stat. 1136).

District courts are given concurrent jurisdiction of certain

claims against the United States under section 1346 of this title.

(See also reviser's note under that section and section 1621 of

this title relating to jurisdiction of the Tax Court.)

The proviso in section 250(1) of title 28, U.S.C., 1940 ed.,

relating to claims growing out of the Civil War, commonly known as

"war claims," and other claims which had been reported adversely

before March 3, 1887 by any court, department, or commission

authorized to determine them, were omitted as obsolete.

The exception in section 250(1) of title 28, U.S.C., 1940 ed., as

to pension claims appears in section 1501 of this title.

Words "in respect of which claims the party would be entitled to

redress against the United States either in a court of law, equity,

or admiralty, if the United States were suable" were omitted as

unnecessary since the Court of Claims manifestly, under this

section will determine whether a petition against the United States

states a cause of action. In any event, the Court of Claims has no

admiralty jurisdiction, but the Suits in Admiralty Act, sections

741-752 of title 46, U.S.C., 1940 ed., Shipping, vests exclusive

jurisdiction over suits in admiralty against the United States in

the district courts. Sanday & Co. v. U.S., 1932, 76 Ct.Cl. 370.

For additional provisions respecting jurisdiction of the court of

claims in war contract settlement cases see section 114b of Title

41, U.S.C., 1940 ed., Public Contracts.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Sections 6 and 10(a)(1) of the Contract Disputes Act of 1978,

referred to in subsec. (a)(2), are classified to sections 605 and

609(a)(1), respectively, of Title 41, Public Contracts.

The Tennessee Valley Authority Act of 1933, referred to in

subsec. (c), is act May 18, 1933, ch. 32, 48 Stat. 58, as amended,

which is classified generally to chapter 12A (Sec. 831 et seq.) of

Title 16, Conservation. For complete classification of this Act to

the Code, see section 831 of Title 16 and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(3). Pub. L. 104-320, Sec. 12(a)(2), struck out

par. (3) which read as follows: "To afford complete relief on any

contract claim brought before the contract is awarded, the court

shall have exclusive jurisdiction to grant declaratory judgments

and such equitable and extraordinary relief as it deems proper,

including but not limited to injunctive relief. In exercising this

jurisdiction, the court shall give due regard to the interests of

national defense and national security."

Subsecs. (b), (c). Pub. L. 104-320, Sec. 12(a)(1), (3), added

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

1992 - Subsec. (a)(1). Pub. L. 102-572, Sec. 902(a)(1),

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

States Claims Court".

Subsec. (a)(2). Pub. L. 102-572, Sec. 907(b)(1), inserted before

period at end ", including a dispute concerning termination of a

contract, rights in tangible or intangible property, compliance

with cost accounting standards, and other nonmonetary disputes on

which a decision of the contracting officer has been issued under

section 6 of that Act".

Pub. L. 102-572, Sec. 902(a)(2), substituted "Court of Federal

Claims" for "Claims Court".

Subsec. (b). Pub. L. 102-572, Sec. 902(a)(1), substituted "United

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

1982 - Subsec. (a)(1). Pub. L. 97-164 designated first two

sentences of existing first undesignated paragraph as subsec.

(a)(1) and substituted "United States Claims Court" for "Court of

Claims".

Subsec. (a)(2). Pub. L. 97-164 designated third, fourth, and

fifth sentences of existing first undesignated paragraph as par.

(2) and substituted "The Claims Court" for "The Court of Claims"

and "arising under section 10(a)(1) of the Contract Disputes Act of

1978" for "arising under the Contract Disputes Act of 1978".

Subsec. (a)(3). Pub. L. 97-164 added par. (3).

Subsec. (b). Pub. L. 97-164 designated existing second

undesignated paragraph as subsec. (b) and substituted "United

States Claims Court" for "Court of Claims", "conduct of, the

Tennessee Valley Authority, or" for "actions of, the Tennessee

Valley Authority, nor", "Tennessee Valley Authority Act of 1933"

for "Tennessee Valley Authority Act of 1933, as amended,", and

"actions by or against the Authority" for "suits by or against the

Authority".

1980 - Pub. L. 96-417 substituted "Court of Claims of any civil

action within the exclusive jurisdiction of the Court of

International Trade, or of any action" for "in suits" in second

par.

1978 - Pub. L. 95-563 provided that the Court of Claims would

have jurisdiction to render judgment upon any claim by or against,

or dispute with, a contractor arising under the Contract Disputes

Act of 1978.

1972 - Pub. L. 92-415 inserted provisions authorizing the court

to issue orders directing restoration to office or position,

placement in appropriate duty or retirement status and correction

of applicable records and to issue such orders to any United States

official and to remand appropriate matters to administrative and

executive bodies with proper directions.

1970 - Pub. L. 91-350 specified that the term "express or implied

contracts with the United States" includes express or implied

contracts with the Army and Air Force Exchange Service, Navy

Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or

Exchange Councils of the National Aeronautics and Space

Administration.

1954 - Act Sept. 3, 1954, inserted "; actions involving Tennessee

Valley Authority" in section catchline and altered the form of

first par. to spell out the general jurisdiction of the Court in

paragraph form rather than as clauses of the par.

1953 - Act July 28, 1953, substituted "United States Court of

Claims" for "Court of Claims" near beginning of section, and

inserted last par.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 12(b) of Pub. L. 104-320 provided that: "This section

[amending this section and section 3556 of Title 31, Money and

Finance, and enacting provisions set out as notes under this

section and section 3556 of Title 31] and the amendments made by

this section shall take effect on December 31, 1996 and shall apply

to all actions filed on or after that date."

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 902(a) of Pub. L. 102-572 effective Oct. 29,

1992, see section 911 of Pub. L. 102-572, set out as a note under

section 171 of this title.

Section 907(b)(2) of Pub. L. 102-572 provided that: "The

amendment made by paragraph (1) [amending this section] shall be

effective with respect to all actions filed before, on, or after

the date of the enactment of this Act [Oct. 29, 1992], except for

those actions which, before such date of enactment, have been the

subject of -

"(A) a final judgment of the United States Claims Court, if the

time for appeal of that judgment has expired without an appeal

having been filed, or

"(B) a final judgment of the Court of Appeals for the Federal

Circuit."

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-563 effective with respect to contracts

entered into 120 days after Nov. 1, 1978, and, at the election of

the contractor, with respect to any claim pending at such time

before the contracting officer or initiated thereafter, see section

16 of Pub. L. 95-563, set out as an Effective Date note under

section 601 of Title 41, Public Contracts.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 2 of Pub. L. 92-415 provided that: "This Act [amending

this section] shall be applicable to all judicial proceedings

pending on or instituted after the date of its enactment [Aug. 29,

1972]."

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-350 applicable to claims and civil

actions dismissed before or pending on July 23, 1970, if the claim

or civil action was based upon a transaction, omission, or breach

that occurred not more than six years prior to July 23, 1970,

notwithstanding a determination or judgment made prior to July 23,

1970, that the United States district courts or the United States

Court of Claims did not have jurisdiction to entertain a suit on an

express or implied contract with a nonappropriated fund

instrumentality of the United States, see section 2 of Pub. L.

91-350, set out as a note under section 1346 of this title.

SAVINGS PROVISION

Section 12(e) of Pub. L. 104-320 provided that:

"(1) Orders. - A termination under subsection (d) [set out below]

shall not terminate the effectiveness of orders that have been

issued by a court in connection with an action within the

jurisdiction of that court on or before December 31, 2000. Such

orders shall continue in effect according to their terms until

modified, terminated, superseded, set aside, or revoked by a court

of competent jurisdiction or by operation of law.

"(2) Proceedings and applications. - (A) a termination under

subsection (d) shall not affect the jurisdiction of a court of the

United States to continue with any proceeding that is pending

before the court on December 31, 2000.

"(B) Orders may be issued in any such proceeding, appeals may be

taken therefrom, and payments may be made pursuant to such orders,

as if such termination had not occurred. An order issued in any

such proceeding shall continue in effect until modified,

terminated, superseded, set aside, or revoked by a court of

competent jurisdiction or by operation of law.

"(C) Nothing in this paragraph prohibits the discontinuance or

modification of any such proceeding under the same terms and

conditions and to the same extent that proceeding could have been

discontinued or modified absent such termination."

SUNSET PROVISION

Section 12(d) of Pub. L. 104-320 provided that: "The jurisdiction

of the district courts of the United States over the actions

described in section 1491(b)(1) of title 28, United States Code (as

amended by subsection (a) of this section) shall terminate on

January 1, 2001 unless extended by Congress. The savings provisions

in subsection (e) [set out above] shall apply if the bid protest

jurisdiction of the district courts of the United States terminates

under this subsection."

-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.

-MISC3-

STUDY ON CONCURRENT JURISDICTION

Section 12(c) of Pub. L. 104-320 provided that: "No earlier than

2 years after the effective date of this section [Dec. 31, 1996],

the United States General Accounting Office shall undertake a study

regarding the concurrent jurisdiction of the district courts of the

United States and the Court of Federal Claims over bid protests to

determine whether concurrent jurisdiction is necessary. Such a

study shall be completed no later than December 31, 1999, and shall

specifically consider the effect of any proposed change on the

ability of small businesses to challenge violations of Federal

procurement law."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

12 section 216b; title 16 section 460jjj-2; title 20 section 1155;

title 22 section 3862; title 25 sections 1300i-11, 1779c, 3001;

title 41 sections 114, 602; title 42 sections 2297h-3, 4654; title

45 section 1018; title 46 App. section 1242; title 47 section 606.

-FOOTNOTE-

(!1) So in original. Probably should be "United".

-End-

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28 USC Sec. 1492 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1492. Congressional reference cases

-STATUTE-

Any bill, except a bill for a pension, may be referred by either

House of Congress to the chief judge of the United States Court of

Federal Claims for a report in conformity with section 2509 of this

title.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 89-681, Sec. 1, Oct.

15, 1966, 80 Stat. 958; Pub. L. 97-164, title I, Sec. 133(b), Apr.

2, 1982, 96 Stat. 40; Pub. L. 102-572, title IX, Sec. 902(a)(1),

Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 257 (Mar. 3, 1911, ch.

231, Sec. 151, 36 Stat. 1138).

This section contains only the jurisdictional provision of

section 257 of title 28, U.S.C., 1940 ed. The procedural provisions

are incorporated in section 2509 of this title.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "chief judge of the United

States Claims Court" for "chief commissioner of the Court of

Claims".

1966 - Pub. L. 89-681 substituted provisions allowing any bill,

except a bill for a pension, to be referred by either House of

Congress to the chief commissioner of the Court of Claims for a

report in conformity with section 2509 of this title for provisions

giving the Court of Claims jurisdiction to report to either House

of Congress on any bill referred by such House, except a bill for a

pension, and to render judgment if the claim against the United

States represented by the referred bill was one over which the

court had jurisdiction under other Acts of Congress.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2509 of this title; title

17 section 502.

-End-

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28 USC Sec. 1493 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

[Sec. 1493. Repealed. July 28, 1953, ch. 253, Sec. 8, 67 Stat. 226]

-MISC1-

Section, act June 25, 1948, ch. 646, 62 Stat. 941, authorized

Court of Claims to give legal advice to heads of executive

departments in matters referred to it by the heads, if Court had

jurisdiction over the matters.

-End-

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28 USC Sec. 1494 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1494. Accounts of officers, agents or contractors

-STATUTE-

The United States Court of Federal Claims shall have jurisdiction

to determine the amount, if any, due to or from the United States

by reason of any unsettled account of any officer or agent of, or

contractor with, the United States, or a guarantor, surety or

personal representative of any such officer, agent or contractor,

and to render judgment thereof,(!1) where -

(1) claimant or the person he represents has applied to the

proper department of the Government for settlement of the

account;

(2) three years have elapsed from the date of such application

without settlement; and

(3) no suit upon the same has been brought by the United

States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 941; July 28, 1953, ch. 253, Sec.

9, 67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 44(c), 68 Stat.

1242; Pub. L. 97-164, title I, Sec. 133(c)(1), Apr. 2, 1982, 96

Stat. 40; Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct. 29, 1992,

106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 287 (Mar. 3, 1911, ch.

231, Sec. 180, 36 Stat. 1141; Feb. 13, 1925, ch. 229, Sec. 3, 43

Stat. 939).

Only the jurisdictional provisions of section 287 of title 28,

U.S.C., 1940 ed., are contained in this section. The procedural

provisions are incorporated in section 2511 of this title.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

1954 - Act Sept. 3, 1954, struck out "United States" from name of

Court of Claims.

1953 - Act July 28, 1953, substituted "United States Court of

Claims" for "Court of Claims", inserted "to or from" after "due",

and inserted "and to render judgment thereon,".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2511 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "thereon,".

-End-

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28 USC Sec. 1495 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1495. Damages for unjust conviction and imprisonment; claim

against United States

-STATUTE-

The United States Court of Federal Claims shall have jurisdiction

to render judgment upon any claim for damages by any person

unjustly convicted of an offense against the United States and

imprisoned.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 97-164, title I,

Sec. 133(c)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102-572, title

IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 729 of title 18, U.S.C., 1940 ed., Crimes and

Criminal Procedure (May 24, 1938, ch. 266, Secs. 1-4, 52 Stat.

438).

Only the jurisdictional provision of section 729 of title 18,

U.S.C., 1940 ed., appears in this section. The remainder is

incorporated in section 2513 of this title.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2513 of this title.

-End-

-CITE-

28 USC Sec. 1496 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1496. Disbursing officers' claims

-STATUTE-

The United States Court of Federal Claims shall have jurisdiction

to render judgment upon any claim by a disbursing officer of the

United States or by his administrator or executor for relief from

responsibility for loss, in line of duty, of Government funds,

vouchers, records or other papers in his charge.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 97-164, title I,

Sec. 133(c)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102-572, title

IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 250(3) (Mar. 3, 1911,

ch. 231, Sec. 145, 36 Stat. 1136; June 10, 1921, ch. 18, Sec. 304,

42 Stat. 24).

Words "paymaster, quartermaster, commissary of subsistence, or

other," preceding "disbursing officer of the United States," were

omitted. See Henderson v. United States, 1907, 42 Ct.Cl. 449 and

Hobbs v. United States, 1881, 17 Ct.Cl. 189, holding that the term

"other disbursing officer" extends to any disbursing officer of the

executive departments of the Government.

Words "by capture or otherwise" were omitted as surplusage.

Words "and for which such officer was and is held responsible,"

at the end of section 250(3) of title 28, U.S.C., 1940 ed., were

omitted as surplusage.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 41 section 114.

-End-

-CITE-

28 USC Sec. 1497 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1497. Oyster growers' damages from dredging operations

-STATUTE-

The United States Court of Federal Claims shall have jurisdiction

to render judgment upon any claim for damages to oyster growers on

private or leased lands or bottoms arising from dredging operations

or use of other machinery and equipment in making river and harbor

improvements authorized by Act of Congress.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 97-164, title I,

Sec. 133(c), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102-572, title IX,

Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 250a (Aug. 30, 1935,

ch. 831, Sec. 13, 49 Stat. 1049; July 13, 1943, ch. 231, 57 Stat.

553).

The proviso at the end of section 250a of title 28, U.S.C., 1940

ed., is incorporated in section 2501 of this title.

Words "river and harbor improvements" were substituted for "such

improvements", in view of Dixon v. U.S., 103 Ct. Cl. 160, holding

that words, "such improvements" were not limited to the specific

improvements listed in the 1935 act, but applied to any river and

harbor improvements.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "growers' " for "growers," in

section catchline, and "United States Claims Court" for "Court of

Claims" in text.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2501 of this title.

-End-

-CITE-

28 USC Sec. 1498 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1498. Patent and copyright cases

-STATUTE-

(a) Whenever an invention described in and covered by a patent of

the United States is used or manufactured by or for the United

States without license of the owner thereof or lawful right to use

or manufacture the same, the owner's remedy shall be by action

against the United States in the United States Court of Federal

Claims for the recovery of his reasonable and entire compensation

for such use and manufacture. Reasonable and entire compensation

shall include the owner's reasonable costs, including reasonable

fees for expert witnesses and attorneys, in pursuing the action if

the owner is an independent inventor, a nonprofit organization, or

an entity that had no more than 500 employees at any time during

the 5-year period preceding the use or manufacture of the patented

invention by or for the United States. Nothwithstanding (!1) the

preceding sentences, unless the action has been pending for more

than 10 years from the time of filing to the time that the owner

applies for such costs and fees, reasonable and entire compensation

shall not include such costs and fees if the court finds that the

position of the United States was substantially justified or that

special circumstances make an award unjust.

For the purposes of this section, the use or manufacture of an

invention described in and covered by a patent of the United States

by a contractor, a subcontractor, or any person, firm, or

corporation for the Government and with the authorization or

consent of the Government, shall be construed as use or manufacture

for the United States.

The court shall not award compensation under this section if the

claim is based on the use or manufacture by or for the United

States of any article owned, leased, used by, or in the possession

of the United States prior to July 1, 1918.

A Government employee shall have the right to bring suit against

the Government under this section except where he was in a position

to order, influence, or induce use of the invention by the

Government. This section shall not confer a right of action on any

patentee or any assignee of such patentee with respect to any

invention discovered or invented by a person while in the

employment or service of the United States, where the invention was

related to the official functions of the employee, in cases in

which such functions included research and development, or in the

making of which Government time, materials or facilities were used.

(b) Hereafter, whenever the copyright in any work protected under

the copyright laws of the United States shall be infringed by the

United States, by a corporation owned or controlled by the United

States, or by a contractor, subcontractor, or any person, firm, or

corporation acting for the Government and with the authorization or

consent of the Government, the exclusive action which may be

brought for such infringement shall be an action by the copyright

owner against the United States in the Court of Federal Claims for

the recovery of his reasonable and entire compensation as damages

for such infringement, including the minimum statutory damages as

set forth in section 504(c) of title 17, United States Code:

Provided, That a Government employee shall have a right of action

against the Government under this subsection except where he was in

a position to order, influence, or induce use of the copyrighted

work by the Government: Provided, however, That this subsection

shall not confer a right of action on any copyright owner or any

assignee of such owner with respect to any copyrighted work

prepared by a person while in the employment or service of the

United States, where the copyrighted work was prepared as a part of

the official functions of the employee, or in the preparation of

which Government time, material, or facilities were used: And

provided further, That before such action against the United States

has been instituted the appropriate corporation owned or controlled

by the United States or the head of the appropriate department or

agency of the Government, as the case may be, is authorized to

enter into an agreement with the copyright owner in full settlement

and compromise for the damages accruing to him by reason of such

infringement and to settle the claim administratively out of

available appropriations.

Except as otherwise provided by law, no recovery shall be had for

any infringement of a copyright covered by this subsection

committed more than three years prior to the filing of the

complaint or counterclaim for infringement in the action, except

that the period between the date of receipt of a written claim for

compensation by the Department or agency of the Government or

corporation owned or controlled by the United States, as the case

may be, having authority to settle such claim and the date of

mailing by the Government of a notice to the claimant that his

claim has been denied shall not be counted as a part of the three

years, unless suit is brought before the last-mentioned date.

(c) The provisions of this section shall not apply to any claim

arising in a foreign country.

(d) Hereafter, whenever a plant variety protected by a

certificate of plant variety protection under the laws of the

United States shall be infringed by the United States, by a

corporation owned or controlled by the United States, or by a

contractor, subcontractor, or any person, firm, or corporation

acting for the Government, and with the authorization and consent

of the Government, the exclusive remedy of the owner of such

certificate shall be by action against the United States in the

Court of Federal Claims for the recovery of his reasonable and

entire compensation as damages for such infringement: Provided,

That a Government employee shall have a right of action against the

Government under this subsection except where he was in a position

to order, influence, or induce use of the protected plant variety

by the Government: Provided, however, That this subsection shall

not confer a right of action on any certificate owner or any

assignee of such owner with respect to any protected plant variety

made by a person while in the employment or service of the United

States, where such variety was prepared as a part of the official

functions of the employee, or in the preparation of which

Government time, material, or facilities were used: And provided

further, That before such action against the United States has been

instituted, the appropriate corporation owned or controlled by the

United States or the head of the appropriate agency of the

Government, as the case may be, is authorized to enter into an

agreement with the certificate owner in full settlement and

compromise, for the damages accrued to him by reason of such

infringement and to settle the claim administratively out of

available appropriations.

(e) Subsections (b) and (c) of this section apply to exclusive

rights in mask works under chapter 9 of title 17, and to exclusive

rights in designs under chapter 13 of title 17, to the same extent

as such subsections apply to copyrights.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 941; May 24, 1949, ch. 139, Sec.

87, 63 Stat. 102; Oct. 31, 1951, ch. 655, Sec. 50(c), 65 Stat. 727;

July 17, 1952, ch. 930, 66 Stat. 757; Pub. L. 86-726, Secs. 1, 4,

Sept. 8, 1960, 74 Stat. 855, 856; Pub. L. 91-577, title III, Sec.

143(d), Dec. 24, 1970, 84 Stat. 1559; Pub. L. 94-553, title I, Sec.

105(c), Oct. 19, 1976, 90 Stat. 2599; Pub. L. 97-164, title I, Sec.

133(d), Apr. 2, 1982, 96 Stat. 40; Pub. L. 100-702, title X, Sec.

1020(a)(6), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 102-572, title

IX, Sec. 902(a), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-308,

Sec. 1(a), Oct. 19, 1996, 110 Stat. 3814; Pub. L. 105-147, Sec. 3,

Dec. 16, 1997, 111 Stat. 2680; Pub. L. 105-304, title V, Sec.

503(d), Oct. 28, 1998, 112 Stat. 2917.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on section 68 of title 35, U.S.C., 1940 ed., Patents (June

25, 1910, ch. 423, 36 Stat. 851; July 1, 1918, ch. 114, 40 Stat.

705).

Provisions contained in the second proviso of section 68 of title

35, U.S.C., 1940 ed., relating to right of the United States to any

general or special defense available to defendants in patent

infringement suits were omitted as unnecessary. In the absence of

statutory restriction, any defense available to a private party is

equally available to the United States.

Changes in phraseology were made.

1949 ACT

This amendment clarifies section 1498 of title 28, U.S.C., by

restating its first paragraph to conform more closely with the

original law.

-REFTEXT-

REFERENCES IN TEXT

Hereafter, referred to in subsec. (b), probably means the date of

enactment of Pub. L. 86-726, which was approved on Sept. 8, 1960.

The copyright laws of the United States, referred to in subsec.

(b), are classified generally to Title 17, Copyrights.

Hereafter, referred to in subsec. (d), probably means after the

date of enactment of Pub. L. 91-577, which was approved on Dec. 24,

1970.

-MISC2-

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-304 inserted ", and to exclusive

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

1997 - Subsec. (b). Pub. L. 105-147, Sec. 3, substituted "action

which may be brought for such infringement shall be an action by

the copyright owner" for "remedy of the owner of such copyright

shall be by action".

1996 - Subsec. (a). Pub. L. 104-308 inserted at end of first par.

"Reasonable and entire compensation shall include the owner's

reasonable costs, including reasonable fees for expert witnesses

and attorneys, in pursuing the action if the owner is an

independent inventor, a nonprofit organization, or an entity that

had no more than 500 employees at any time during the 5-year period

preceding the use or manufacture of the patented invention by or

for the United States. Nothwithstanding the preceding sentences,

unless the action has been pending for more than 10 years from the

time of filing to the time that the owner applies for such costs

and fees, reasonable and entire compensation shall not include such

costs and fees if the court finds that the position of the United

States was substantially justified or that special circumstances

make an award unjust."

1992 - Subsec. (a). Pub. L. 102-572, Sec. 902(a)(1), substituted

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

Court".

Subsecs. (b), (d). Pub. L. 102-572, Sec. 902(a)(2), substituted

"Court of Federal Claims" for "Claims Court".

1988 - Subsec. (e). Pub. L. 100-702 added subsec. (e).

1982 - Subsec. (a). Pub. L. 97-168, Sec. 133(d)(1), substituted

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

Subsecs. (b), (d). Pub. L. 97-164, Sec. 133(d)(2), substituted

"Claims Court" for "Court of Claims".

1976 - Subsec. (b). Pub. L. 94-553 substituted "section 504(c) of

title 17" for "section 101(b) of title 17".

1970 - Subsec. (d). Pub. L. 91-577 added subsec. (d).

1960 - Pub. L. 86-726, Sec. 4, substituted "Patent and copyright

cases" for "Patent cases" in section catchline.

Pub. L. 86-726, Sec. 1, designated existing provisions as subsec.

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

1952 - Act July 17, 1952, allowed Government employees to

maintain patent suits against the United States in certain

instances.

1951 - Act Oct. 31, 1951, inserted second par.

1949 - Act May 29, 1949, conformed first par. of section to

original law.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1(b) of Pub. L. 104-308 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

actions under section 1498(a) of title 28, United States Code, that

are pending on, or brought on or after, the date of the enactment

of this Act [Oct. 19, 1996]."

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section

102 of Pub. L. 94-553, set out as an Effective Date note preceding

section 101 of Title 17, Copyrights.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-577 effective Dec. 24, 1970, see section

141 of Pub. L. 91-577, set out as an Effective Date note under

section 2321 of Title 7, Agriculture.

WAIVER OF IMMUNITY FOR MEMBERS OF CONGRESS

Section 2 of Pub. L. 86-726 provided that: "Nothing in this Act

[amending this section and section 2386 of Title 10, Armed Forces]

shall be construed to in any way waive any immunity provided for

Members of Congress under article I of section 6 of the

Constitution of the United States."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 17 section 502; title 19

section 1337; title 22 section 2356; title 35 section 183; title 42

section 2457.

-FOOTNOTE-

(!1) So in original. Probably should be "Notwithstanding".

-End-

-CITE-

28 USC Sec. 1499 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1499. Liquidated damages withheld from contractors under

Contract Work Hours and Safety Standards Act (!1)

-STATUTE-

-STATUTE-

The United States Court of Federal Claims shall have jurisdiction

to render judgment upon any claim for liquidated damages withheld

from a contractor or subcontractor under section 3703 of title 40.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 942; Pub. L. 87-581, title II,

Sec. 202(a), Aug. 13, 1962, 76 Stat. 360; Pub. L. 97-164, title I,

Sec. 133(e)(1), (2)(A), Apr. 2, 1982, 96 Stat. 40, 41; Pub. L.

101-650, title III, Sec. 325(b)(7), Dec. 1, 1990, 104 Stat. 5121;

Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat.

4516; Pub. L. 107-217, Sec. 3(g)(3), Aug. 21, 2002, 116 Stat.

1299.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 324 of title 40, U.S.C., 1940 ed., Public

Buildings, Property and Works (June 19, 1912, ch. 174, Sec. 1, 37

Stat. 137).

This section contains only the jurisdictional provision in the

last clause of section 324 of title 40, U.S.C., 1940 ed.

Changes in phraseology were made.

-REFTEXT-

REFERENCES IN TEXT

Contract Work Hours and Safety Standards Act, referred to in

section catchline, is title I of Pub. L. 87-581, Aug. 13, 1962, 76

Stat. 357, as amended, which was classified generally to subchapter

II (Sec. 327 et seq.) of chapter 5 of former Title 40, Public

Buildings, Property, and Works, and was repealed and reenacted as

chapter 37 of Title 40, Public Buildings, Property, and Works, by

Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-217 substituted "section 3703 of title 40" for

"section 104 of the Contract Work Hours and Safety Standards Act".

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1990 - Pub. L. 101-650 substituted "Hours and Safety Standards"

for "Hours Standards" in text.

1982 - Pub. L. 97-164 substituted "Contract Work Hours and Safety

Standards Act" for "Contract Work Hours Standards Act" in section

catchline and "United States Claims Court" for "Court of Claims" in

text.

1962 - Pub. L. 87-581 amended section generally, substituting

"Liquidated damages withheld from contractors under Contract Work

Hours Standards Act" for "Penalties imposed against contractors

under eight hour law" in section catchline, and "liquidated damages

withheld from a contractor or subcontractor under section 104 of

the Contract Work Hours Standards Act" for "a penalty withheld from

a contractor or subcontractor under section 324 of Title 40" in

text.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-581 effective 60 days after Aug. 13,

1962, but shall not affect contracts existing or thereafter entered

into pursuant to invitations for bids outstanding on Aug. 13, 1962,

see section 204 of Pub. L. 87-581, Aug. 13, 1962, 76 Stat. 360.

CONTINUED JURISDICTION UPON CLAIMS UNDER SECTION 324 OF FORMER

TITLE 40

Pub. L. 87-581, title II, Sec. 202(b), Aug. 13, 1962, 76 Stat.

360, provided that the Court of Claims (now United States Court of

Federal Claims) was to continue to have jurisdiction to render

judgment upon certain claims for a penalty withheld from a

contractor or subcontractor under section 324 of former Title 40,

Public Buildings, Property, and Works, in connection with any

contract subject to that section existing on the date sixty days

after Aug. 13, 1962, or thereafter entered into pursuant to

invitations for bids that were outstanding on Aug. 13, 1962.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

28 USC Sec. 1500 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1500. Pendency of claims in other courts

-STATUTE-

The United States Court of Federal Claims shall not have

jurisdiction of any claim for or in respect to which the plaintiff

or his assignee has pending in any other court any suit or process

against the United States or any person who, at the time when the

cause of action alleged in such suit or process arose, was, in

respect thereto, acting or professing to act, directly or

indirectly under the authority of the United States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 942; Pub. L. 97-164, title I,

Sec. 133(e)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102-572, title

IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 260 (Mar. 3, 1911, ch.

231, Sec. 154, 36 Stat. 1138).

Words "or in the Supreme Court on appeal therefrom" were omitted

as unnecessary.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-End-

-CITE-

28 USC Sec. 1501 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1501. Pensions

-STATUTE-

The United States Court of Federal Claims shall not have

jurisdiction of any claim for a pension.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 942; Pub. L. 97-164, title I,

Sec. 133(e)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102-572, title

IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 250(1) (Mar. 3, 1911,

ch. 231, Sec. 145, 36 Stat. 1136).

Section constitutes the exception in section 250(1) of title 28,

U.S.C., 1940 ed.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 41 section 114.

-End-

-CITE-

28 USC Sec. 1502 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1502. Treaty cases

-STATUTE-

Except as otherwise provided by Act of Congress, the United

States Court of Federal Claims shall not have jurisdiction of any

claim against the United States growing out of or dependent upon

any treaty entered into with foreign nations.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, Sec.

88, 63 Stat. 102; Pub. L. 97-164, title I, Sec. 133(e)(1), Apr. 2,

1982, 96 Stat. 40; Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct.

29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 259 (Mar. 3, 1911, ch.

231, Sec. 153, 36 Stat. 1138).

Phrase "Except as otherwise provided by enactment of Congress"

was inserted to cover cases where special Acts confer jurisdiction.

(See Sioux Tribe of Indians v. United States, 1943, 97 Ct.Cl. 613,

certiorari denied 63 S.Ct. 992, 318 U.S. 789, 87 L.Ed. 1155, and In

re United States, 1873, 17 Wall. 439, 443, 21 L.Ed. 696.)

Words "not pending therein on December 1, 1862," were omitted as

obsolete.

Changes in phraseology were made.

1949 ACT

This section, in amending section 1502 of title 28, U.S.C.,

conforms with the provisions of act of August 13, 1946 (ch. 959,

Sec. 25, 60 Stat. 1056), which affected section 153 of the Judicial

Code of 1911 by striking therefrom the words "or with Indian

tribes." Such section 153 of the Judicial Code was the source of

such section 1502.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

1949 - Act May 24, 1949, struck out "or with Indian tribes" after

"foreign nations".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 7422.

-End-

-CITE-

28 USC Sec. 1503 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1503. Set-offs

-STATUTE-

The United States Court of Federal Claims shall have jurisdiction

to render judgment upon any set-off or demand by the United States

against any plaintiff in such court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 942; Pub. L. 97-164, title I,

Sec. 133(e)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102-572, title

IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 250(2) (Mar. 3, 1911,

ch. 231, Sec. 145, 36 Stat. 1136).

The second subsection of section 250 of title 28, U.S.C., 1940

ed., is incorporated in this section. The proviso, relating to

suits for fees due officers of the United States, has been

incorporated in section 2501 of this title.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 41 section 114.

-End-

-CITE-

28 USC Sec. 1504 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

[Sec. 1504. Repealed. Pub. L. 97-164, title I, Sec. 133(f), Apr. 2,

1982, 96 Stat. 41]

-MISC1-

Section, act June 25, 1948, ch. 646, 62 Stat. 942, directed that

the Court of Claims have jurisdiction to review by appeal final

judgments in the district courts in civil actions based on tort

claims brought under section 1346(b) of this title if the notice of

appeal filed in the district court had affixed to it a written

consent on behalf of the appellees that the appeal be taken to the

Court of Claims.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,

set out as an Effective Date of 1982 Amendment note under section

171 of this title.

-End-

-CITE-

28 USC Sec. 1505 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1505. Indian claims

-STATUTE-

The United States Court of Federal Claims shall have jurisdiction

of any claim against the United States accruing after August 13,

1946, in favor of any tribe, band, or other identifiable group of

American Indians residing within the territorial limits of the

United States or Alaska whenever such claim is one arising under

the Constitution, laws or treaties of the United States, or

Executive orders of the President, or is one which otherwise would

be cognizable in the Court of Federal Claims if the claimant were

not an Indian tribe, band or group.

-SOURCE-

(Added May 24, 1949, ch. 139, Sec. 89(a), 63 Stat. 102; amended

Pub. L. 97-164, title I, Sec. 133(g), Apr. 2, 1982, 96 Stat. 41;

Pub. L. 102-572, title IX, Sec. 902(a), Oct. 29, 1992, 106 Stat.

4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

1949 ACT

Section 1505 is added to title 28, U.S.C., by this amendment to

incorporate the act of August 13, 1946 (ch. 959, Sec. 24, 60 Stat.

1055), which was originally classified to title 28, U.S.C., but was

later transferred to title 25 of such code. Since such section 24

deals with jurisdiction of the Court of Claims it should be in

title 28.

This amendatory section omits as surplusage all provisions of

said section 24 except the first sentence, as being fully covered

by the express provisions of sections 1503 and 2501 and other

provisions of chapter 165 of title 28, U.S.C., relating to Court of

Claims procedure.

The proviso of such section 24 is omitted as unnecessary since

the provision conferring jurisdiction cannot in any view alter the

relationship of the Government with its Indians.

The omitted language is as follows: "In any suit brought under

the jurisdiction conferred by this section the claimant shall be

entitled to recover in the same manner, to the same extent, and

subject to the same conditions and limitations, and the United

States shall be entitled to the same defenses, both at law and in

equity, and to the same offsets, counterclaims, and demands, as in

cases brought in the Court of Claims under section 250 of this

title: Provided, however, That nothing contained in this section

shall be construed as altering the fiduciary or other relations

between the United States and the several Indian tribes, bands, or

groups."

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

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

Federal Claims" for "Claims Court".

1982 - Pub. L. 97-164 substituted "The United States Claims Court

shall have jurisdiction" for "The Court of Claims shall have

jurisdiction" and "cognizable in the Claims Court" for "cognizable

in the Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 sections 640d-17,

1300i-11, 1776b, 1779c.

-End-

-CITE-

28 USC Sec. 1506 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

[Sec. 1506. Repealed. Pub. L. 97-164, title I, Sec. 133(h), Apr. 2,

1982, 96 Stat. 41]

-MISC1-

Section, added Pub. L. 86-770, Sec. 2(a), Sept. 13, 1960, 74

Stat. 912, provided that if a case within the exclusive

jurisdiction of the district courts was filed in the Court of

Claims, the Court of Claims, if it were in the interest of justice,

had to transfer such case to any district court in which it could

have been brought at the time such case was filed, where the case

would proceed as if it had been filed in the district court on the

date it was filed in the Court of Claims.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,

set out as an Effective Date of 1982 Amendment note under section

171 of this title.

-End-

-CITE-

28 USC Sec. 1507 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1507. Jurisdiction for certain declaratory judgments

-STATUTE-

The United States Court of Federal Claims shall have jurisdiction

to hear any suit for and issue a declaratory judgment under section

7428 of the Internal Revenue Code of 1986.

-SOURCE-

(Added Pub. L. 94-455, title XIII, Sec. 1306(b)(9)(A), Oct. 4,

1976, 90 Stat. 1720; amended Pub. L. 97-164, title I, Sec. 133(i),

Apr. 2, 1982, 96 Stat. 41; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,

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

1992, 106 Stat. 4516.)

-REFTEXT-

REFERENCES IN TEXT

Section 7428 of the Internal Revenue Code of 1986, referred to in

text, is classified to section 7428 of Title 26, Internal Revenue

Code.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE

Section applicable with respect to pleadings filed with the

United States Tax Court, the district court of the United States

for the District of Columbia, or the United States Court of Claims

more than 6 months after Oct. 4, 1976, but only with respect to

determinations (or requests for determinations) made after Jan. 1,

1976, see section 1306(c) of Pub. L. 94-455, set out as a note

under section 7428 of Title 26, Internal Revenue Code.

-End-

-CITE-

28 USC Sec. 1508 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1508. Jurisdiction for certain partnership proceedings

-STATUTE-

The Court of Federal Claims shall have jurisdiction to hear and

to render judgment upon any petition under section 6226 or 6228(a)

of the Internal Revenue Code of 1986.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(c)(18)(A), Sept. 3, 1982,

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

Stat. 2095; Pub. L. 102-572, title IX, Sec. 902(a)(2), Oct. 29,

1992, 106 Stat. 4516.)

-REFTEXT-

REFERENCES IN TEXT

Sections 6226 and 6228(a) of the Internal Revenue Code of 1986,

referred to in text, are classified to sections 6226 and 6228(a) of

Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-572 substituted "Court of Federal Claims" for

"Claims Court".

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE

Section applicable to partnership taxable years beginning after

Sept. 3, 1982, with provision for the applicability of this section

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 a note under section 6221 of Title 26, Internal

Revenue Code.

-End-

-CITE-

28 USC Sec. 1509 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS

-HEAD-

Sec. 1509. No jurisdiction in cases involving refunds of tax

shelter promoter and understatement penalties

-STATUTE-

The United States Court of Federal Claims shall not have

jurisdiction to hear any action or proceeding for any refund or

credit of any penalty imposed under section 6700 of the Internal

Revenue Code of 1986 (relating to penalty for promoting abusive tax

shelters, etc.) or section 6701 of such Code (relating to penalties

for aiding and abetting understatement of tax liability).

-SOURCE-

(Added Pub. L. 98-369, div. A, title VII, Sec. 714(g)(2), July 18,

1984, 98 Stat. 962; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986,

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

1992, 106 Stat. 4516.)

-REFTEXT-

REFERENCES IN TEXT

Sections 6700 and 6701 of the Internal Revenue Code of 1986,

referred to in text, are classified to sections 6700 and 6701,

respectively, of Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE

Section 714(g)(4) of Pub. L. 98-369 provided that: "The

amendments made by this subsection [enacting this section and

amending section 7422 of Title 26, Internal Revenue Code] shall

apply to any claim for refund or credit filed after the date of the

enactment of this Act [July 18, 1984]."

-End-

-CITE-

28 USC [CHAPTER 93 - REPEALED] 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

[CHAPTER 93 - REPEALED]

-HEAD-

[CHAPTER 93 - REPEALED]

-End-

-CITE-

28 USC Secs. 1541 to 1546 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

[CHAPTER 93 - REPEALED]

-HEAD-

[Secs. 1541 to 1546. Repealed. Pub. L. 97-164, title I, Sec. 134,

Apr. 2, 1982, 96 Stat. 41]

-MISC1-

Section 1541, acts June 25, 1948, ch. 646, 62 Stat. 942; June 2,

1970, Pub. L. 91-271, title I, Sec. 102, 84 Stat. 274; July 26,

1979, Pub. L. 96-39, title X, Sec. 1001(b)(4)(A), 93 Stat. 305;

Oct. 10, 1980, Pub. L. 96-417, title IV, Sec. 401(a), title V, Sec.

501(23), (24), 94 Stat. 1740, 1742, gave the Court of Customs and

Patent Appeals exclusive jurisdiction of appeals from all final

decisions of the Court of International Trade and from

interlocutory orders of the Court of International Trade granting,

continuing, modifying, refusing, or dissolving injunctions, or

refusing to dissolve or modify injunctions, and with discretion to

entertain appeals from certain orders of the Court of International

Trade. See section 1295(a)(5) of this title.

Section 1542, acts June 25, 1948, ch. 646, 62 Stat. 942; May 24,

1949, ch. 139, Sec. 89(b), 63 Stat. 102, gave the Court of Customs

and Patent Appeals jurisdiction of appeals from decisions of the

Board of Appeals and the Board of Interference Examiners of the

Patent Office as to patent applications and interferences, at the

instance of an applicant for a patent or any party to a patent

interference, with such appeal by an applicant to waive his right

to proceed under section 63 of Title 35, and the Commissioner of

Patents as to trademark applications and proceedings as provided in

section 1071 of Title 15. See section 1295(a)(4) of this title.

Section 1543, acts June 25, 1948, ch. 646, 62 Stat. 943; Oct. 10,

1980, Pub. L. 96-417, title IV, Sec. 401(b)(1), 94 Stat. 1740, gave

the Court of Customs and Patent Appeals jurisdiction to review

final determinations of the United States International Trade

Commission made under section 337 of the Tariff Act of 1930

relating to unfair trade practices in import trade. See section

1295(a)(6) of this title.

Section 1544, added Pub. L. 89-651, Sec. 8(c)(1), Oct. 14, 1966,

80 Stat. 901, gave the Court of Customs and Patent Appeals

jurisdiction to review, by appeal on questions of law only,

findings of the Secretary of Commerce under headnote 6 to schedule

8, part 4, of the Tariff Schedules of the United States (relating

to importation of instruments or apparatus). See section 1295(a)(7)

of this title.

Section 1545, added Pub. L. 91-577, title III, Sec. 143(a), Dec.

24, 1970, 84 Stat. 1558, gave the Court of Customs and Patent

Appeals nonexclusive jurisdiction of appeals under section 71 of

the Plant Variety Protection Act, classified to section 2461 of

Title 7, Agriculture. See section 1295(a)(8) of this title.

Section 1546, added Pub. L. 96-417, title IV, Sec. 402(a), Oct.

10, 1980, 94 Stat. 1740, gave the Court of Customs and Patent

Appeals all of the powers in law and in equity of, or conferred by

statute upon, a court of appeals of the United States.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,

set out as an Effective Date of 1982 Amendment note under section

171 of this title.

-End-