Notes on 28 U.S.C. § 1505 : US Code - Notes

Search Notes on 28 U.S.C. § 1505 : US Code - Notes

(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.)
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.