Notes on 28 U.S.C. § 1491 : US Code - Notes

Search Notes on 28 U.S.C. § 1491 : US Code - Notes

(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.)
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.
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.
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."
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.
STUDY ON CONCURRENT JURISDICTION
Pub. L. 104-320, Sec. 12(c), Oct. 19, 1996, 110 Stat. 3875,
required that, no earlier than 2 years after Dec. 31, 1996, the
General Accounting Office was to undertake a study regarding the
concurrent jurisdiction of the district courts of the United States
and the Court of Federal Claims over bid protests to determine
whether concurrent jurisdiction was necessary, which study was to
be completed no later than Dec. 31, 1999, and was to specifically
consider the effect of any proposed change on the ability of small
businesses to challenge violations of Federal procurement law.
(!1) So in original. Probably should be "United".