Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
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# 28 U.S.C. § 1330 - Actions against foreign states
## Text
(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 16051607 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 16051607 of this title.
(Added Pub. L. 94583, § 2(a), Oct. 21, 1976, 90 Stat. 2891.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94583, set out as a note under section 1602 of this title.
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# 28 U.S.C. § 1331 - Federal question
## Text
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
(June 25, 1948, ch. 646, 62 Stat. 930; Pub. L. 85554, § 1, July 25, 1958, 72 Stat. 415; Pub. L. 94574, § 2, Oct. 21, 1976, 90 Stat. 2721; Pub. L. 96486, § 2(a), Dec. 1, 1980, 94 Stat. 2369.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 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., §§ 3043. See, also, revisers 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.
Editorial Notes
Amendments1980—Pub. L. 96486 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. 94574 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. 85554 included costs in section catchline, designated existing provisions as subsec. (a), substituted “$10,000” for “$3,000”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment; ApplicabilityPub. L. 96486, § 4, Dec. 1, 1980, 94 Stat. 2370, 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 AmendmentPub. L. 85554, § 3, July 25, 1958, 72 Stat. 415, 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].”
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# 28 U.S.C. § 1333 - Admiralty, maritime and prize cases
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 931; May 24, 1949, ch. 139, § 79, 63 Stat. 101.)
## Notes
Historical and Revision Notes
1948 ActBased on title 28, U.S.C., 1940 ed., §§ 41(3) and 371 (3), (4) (Mar. 3, 1911, ch. 231, §§ 24, par. 3, 256, pars. 3, 4, 36 Stat. 1091, 1160; Oct. 6, 1917, ch. 97, §§ 1, 2, 40 Stat. 395; June 10, 1922, ch. 216, §§ 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 revisers 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 workmens 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 ActThis 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.
Editorial Notes
Amendments1949—Subd. (1). Act May 24, 1949, substituted “suitors” for “libellant or petitioner”.
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# 28 U.S.C. § 1334 - Bankruptcy cases and proceedings
## Text
(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) Except as provided in subsection (e)(2), and 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) Except with respect to a case under chapter 15 of title 11, 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 subsection (c) (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. Subsection (c) and this subsection 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—
(1) of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate; and
(2) over all claims or causes of action that involve construction of section 327 of title 11, United States Code, or rules relating to disclosure requirements under section 327.
(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95598, title II, § 238(a), Nov. 6, 1978, 92 Stat. 2667; Pub. L. 98353, title I, § 101(a), July 10, 1984, 98 Stat. 333; Pub. L. 99554, title I, § 144(e), Oct. 27, 1986, 100 Stat. 3096; Pub. L. 101650, title III, § 309(b), Dec. 1, 1990, 104 Stat. 5113; Pub. L. 103394, title I, § 104(b), Oct. 22, 1994, 108 Stat. 4109; Pub. L. 1098, title III, § 324(a), title VIII, § 802(c)(2), title XII, § 1219, Apr. 20, 2005, 119 Stat. 98, 145, 195.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 41(19) and 371(6) (Mar. 3, 1911, ch. 231, §§ 24, par. 19, 256, par. 6, 36 Stat. 1093, 1160). Changes in phraseology were made.
Editorial Notes
Amendments2005—Subsec. (b). Pub. L. 1098, § 324(a)(1), substituted “Except as provided in subsection (e)(2), and notwithstanding” for “Notwithstanding”. Subsec. (c)(1). Pub. L. 1098, § 802(c)(2), substituted “Except with respect to a case under chapter 15 of title 11, nothing in” for “Nothing in”. Subsec. (d). Pub. L. 1098, § 1219, substituted “made under subsection (c)” for “made under this subsection” and “Subsection (c) and this subsection” for “This subsection”. Subsec. (e). Pub. L. 1098, § 324(a)(2), added subsec. (e) and struck out former subsec. (e) which read as follows: “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.” 1994—Subsecs. (c)(2), (d). Pub. L. 103394, § 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. 103394, § 104(b)(1), redesignated subsec. (d) as (e). 1990—Subsec. (c)(2). Pub. L. 101650 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. 99554 substituted “and of property of the estate” for “and of the estate”. 1984—Pub. L. 98353 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. 95598 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. 95598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentPub. L. 1098, title III, § 324(b), Apr. 20, 2005, 119 Stat. 98, provided that: “This section [amending this section] shall only apply to cases filed after the date of enactment of this Act [Apr. 20, 2005].” Amendment by sections 802(c)(2) and 1219 of Pub. L. 1098 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of Pub. L. 1098, set out as a note under section 101 of Title 11.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103394 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. 103394, set out as a note under section 101 of Title 11.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99554, set out as a note under section 581 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98353 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. 98353, set out as an Effective Date note under section 151 of this title.
Jurisdiction Over and Transfer of Bankruptcy Cases and ProceedingsPub. L. 98353, title I, § 115, July 10, 1984, 98 Stat. 343, 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 95598; 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 95598; 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 95598; 92 Stat. 2685) [formerly set out as a note preceding section 1471 of this title].”
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# 28 U.S.C. § 1335 - Interpleader
## Text
(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 subsection (a) or (d) of 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.
(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 1092, § 4(b)(1), Feb. 18, 2005, 119 Stat. 12.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(26) (Mar. 3, 1911, ch. 231, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 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, revisers 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 revisers 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.
Editorial Notes
Amendments2005—Subsec. (a)(1). Pub. L. 1092 inserted “subsection (a) or (d) of” before “section 1332”.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 1092 applicable to any civil action commenced on or after Feb. 18, 2005, see section 9 of Pub. L. 1092, set out as a note under section 1332 of this title.
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# 28 U.S.C. § 1336 - Surface Transportation Boards orders
## Text
(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.
(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 88513, § 1, Aug. 30, 1964, 78 Stat. 695; Pub. L. 93584, § 1, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 97164, title I, § 128, Apr. 2, 1982, 96 Stat. 39; Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 10488, title III, § 305(a)(1), (2), Dec. 29, 1995, 109 Stat. 944.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(27), (28) (Mar. 3, 1911, ch. 231, §§ 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.
Editorial Notes
Amendments1995—Pub. L. 10488 substituted “Surface Transportation Boards” for “Interstate Commerce Commissions” in section catchline and “Surface Transportation Board” for “Interstate Commerce Commission” wherever appearing in text. 1992—Subsec. (b). Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (b). Pub. L. 97164 substituted “United States Claims Court” for “Court of Claims”. 1975—Subsec. (a). Pub. L. 93584 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. 88513 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 AmendmentAmendment by Pub. L. 10488 effective Jan. 1, 1996, see section 2 of Pub. L. 10488, set out as an Effective Date note under section 1301 of Title 49, Transportation.
Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97164 effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as a note under section 171 of this title.
Effective Date of 1975 AmendmentAmendment by Pub. L. 93584 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. 93584, set out as a note under section 2321 of this title.
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# 28 U.S.C. § 1337 - Commerce and antitrust regulations; amount in controversy, costs
## Text
(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.
(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95486, § 9(a), Oct. 20, 1978, 92 Stat. 1633; Pub. L. 96417, title V, § 505, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 97449, § 5(f), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 10488, title III, § 305(a)(3), Dec. 29, 1995, 109 Stat. 944.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(8), (23) (Mar. 3, 1911, ch. 231, § 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.
Editorial Notes
Amendments1995—Subsecs. (a), (b). Pub. L. 10488 substituted “11706 or 14706” for “11707”. 1983—Pub. L. 97449 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. 96417 added subsec. (c). 1978—Pub. L. 95486 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).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 AmendmentAmendment by Pub. L. 10488 effective Jan. 1, 1996, see section 2 of Pub. L. 10488, set out as an Effective Date note under section 1301 of Title 49, Transportation.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96417 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. 96417, set out as a note under section 251 of this title.
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# 28 U.S.C. § 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition
## Text
(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. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(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.
(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 91577, title III, § 143(b), Dec. 24, 1970, 84 Stat. 1559; Pub. L. 100702, title X, § 1020(a)(4), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 105304, title V, § 503(b)(1), (2)(A), Oct. 28, 1998, 112 Stat. 2917; Pub. L. 106113, div. B, § 1000(a)(9) [title III, § 3009(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A551; Pub. L. 11229, § 19(a), Sept. 16, 2011, 125 Stat. 331.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 41(7) and 371(5) (Mar. 3, 1911, ch. 231, §§ 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).
Editorial Notes
Amendments2011—Subsec. (a). Pub. L. 11229 substituted “No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.” for “Such jurisdiction shall be exclusive of the courts of the states in patent, plant variety protection and copyright cases.” 1999—Pub. L. 106113 substituted “trademarks” for “trade-marks” in section catchline and subsec. (a) and substituted “trademark” for “trade-mark” in subsec. (b). 1998—Pub. L. 105304, § 503(b)(2)(A), inserted “designs,” after “mask works,” in section catchline. Subsec. (c). Pub. L. 105304, § 503(b)(1), inserted “, and to exclusive rights in designs under chapter 13 of title 17,” after “title 17”. 1988—Pub. L. 100702, § 1020(a)(4)(B), amended section catchline generally, inserting “mask works,” after “copyrights,”. Subsec. (c). Pub. L. 100702, § 1020(a)(4)(A), added subsec. (c). 1970—Pub. L. 91577 inserted references to “plant variety protection” in section catchline and in subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentAmendment by Pub. L. 11229 applicable to any civil action commenced on or after Sept. 16, 2011, see section 19(e) of Pub. L. 11229, set out as a note under section 1295 of this title.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91577 effective Dec. 24, 1970, see section 141 of Pub. L. 91577, set out as an Effective Date note under section 2321 of Title 7, Agriculture.
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# 28 U.S.C. § 1339 - Postal matters
## Text
The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to the postal service.
(June 25, 1948, ch. 646, 62 Stat. 932.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(6) (Mar. 3, 1911, ch. 231, § 24, par. 6, 36 Stat. 1092). Changes were made in phraseology.
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# 28 U.S.C. § 1340 - Internal revenue; customs duties
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 932; Pub. L. 96417, title V, § 501(21), Oct. 10, 1980, 94 Stat. 1742.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(5) (Mar. 3, 1911, ch. 231, § 24, par. 5, 36 Stat. 1092; Mar. 2, 1929, ch. 488, § 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 revisers 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.
Editorial Notes
Amendments1980—Pub. L. 96417 redesignated the Customs Court as the Court of International Trade.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96417 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. 96417, set out as a note under section 251 of this title.
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# 28 U.S.C. § 1341 - Taxes by States
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 932.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 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.
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# 28 U.S.C. § 1342 - Rate orders of State agencies
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 932.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 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.
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# 28 U.S.C. § 1343 - Civil rights and elective franchise
## Text
(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.
(June 25, 1948, ch. 646, 62 Stat. 932; Sept. 3, 1954, ch. 1263, § 42, 68 Stat. 1241; Pub. L. 85315, part III, § 121, Sept. 9, 1957, 71 Stat. 637; Pub. L. 96170, § 2, Dec. 29, 1979, 93 Stat. 1284.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(12), (13), and (14) (Mar. 3, 1911, ch. 231, § 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.
Editorial Notes
Amendments1979—Pub. L. 96170 designated existing provisions as subsec. (a) and added subsec. (b). 1957—Pub. L. 85315 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentPub. L. 96170, § 3, Dec. 29, 1979, 93 Stat. 1284, 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].”
@@ -0,0 +1,39 @@
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# 28 U.S.C. § 1344 - Election disputes
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 932.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(15) (Mar. 3, 1911, ch. 231, § 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.
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# 28 U.S.C. § 1345 - United States as plaintiff
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 933.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 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.
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# 28 U.S.C. § 1347 - Partition action where United States is joint tenant
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 933.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(25) (Mar. 3, 1911, ch. 231, § 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.
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# 28 U.S.C. § 1348 - Banking association as party
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 933.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(16) (Mar. 3, 1911, ch. 231, § 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.
Executive Documents
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, § 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and Finance.
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# 28 U.S.C. § 1349 - Corporation organized under federal law as party
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 934.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 42 (Feb. 13, 1925, ch. 229, § 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.
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# 28 U.S.C. § 1350 - Aliens action for tort
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 934.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(17) (Mar. 3, 1911, ch. 231, § 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.
Statutory Notes and Related Subsidiaries
Torture Victim ProtectionPub. L. 102256, 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 individuals 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 offenders 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.”
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# 28 U.S.C. § 1351 - Consuls, vice consuls, and members of a diplomatic mission as defendant
## Text
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).
(June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949, ch. 139, § 80(c), 63 Stat. 101; Pub. L. 95393, § 8(a)(1), Sept. 30, 1978, 92 Stat. 810.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 41(18), 371(8) (Mar. 3, 1911, ch. 231, §§ 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.
Editorial Notes
References in TextSection 2 of the Diplomatic Relations Act, referred to in par. (2), is classified to section 254a of Title 22, Foreign Relations and Intercourse.
Amendments1978—Pub. L. 95393 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95393 effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse.
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# 28 U.S.C. § 1352 - Bonds executed under federal law
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96417, title V, § 506, Oct. 10, 1980, 94 Stat. 1743.)
## Notes
Historical and Revision NotesThis 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.
Editorial Notes
Amendments1980—Pub. L. 96417 inserted exception for matters within the jurisdiction of the Court of International Trade under section 1582 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96417 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. 96417, set out as a note under section 251 of this title.
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# 28 U.S.C. § 1353 - Indian allotments
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 934.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(24) (Mar. 3, 1911, ch. 231, § 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.
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# 28 U.S.C. § 1354 - Land grants from different states
## Text
The district courts shall have original jurisdiction of actions between citizens of the same state claiming lands under grants from different states.
(June 25, 1948, ch. 646, 62 Stat. 934.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 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.
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# 28 U.S.C. § 1355 - Fine, penalty or forfeiture
## Text
(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 11 So in original. Probably should be capitalized. 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.
(June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96417, title V, § 507, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102550, title XV, § 1521, Oct. 28, 1992, 106 Stat. 4062.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 41(9) and 371(2) (Mar. 3, 1911, ch. 231, §§ 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 revisers 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.
Editorial Notes
Amendments1992—Pub. L. 102550 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). 1980—Pub. L. 96417 inserted exception for matters within the jurisdiction of the Court of International Trade under section 1582 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96417 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. 96417, set out as a note under section 251 of this title.
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# 28 U.S.C. § 1356 - Seizures not within admiralty and maritime jurisdiction
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96417, title V, § 508, Oct. 10, 1980, 94 Stat. 1743.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 41(3) and 371(4) (Mar. 3, 1911, ch. 231, §§ 24, par. 3, 256, par. 4, 36 Stat. 1091, 1160; Oct. 6, 1917, ch. 97, § 1, 40 Stat. 395; June 10, 1922, ch. 216, § 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.
Editorial Notes
Amendments1980—Pub. L. 96417 inserted exception for matters within the jurisdiction of the Court of International Trade under section 1582 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96417 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. 96417, set out as a note under section 251 of this title.
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# 28 U.S.C. § 1357 - Injuries under Federal laws
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 934.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 41(11) (Mar. 3, 1911, ch. 231, § 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.
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# 28 U.S.C. § 1358 - Eminent domain
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 935.)
## Notes
Historical and Revision NotesBased on section 257 of title 40, U.S.C., 1940 ed., Public Buildings, Property, and Works (Aug. 1, 1888, ch. 728, § 1, 25 Stat. 357; Mar. 3, 1911, ch. 231, § 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.
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# 28 U.S.C. § 1359 - Parties collusively joined or made
## Text
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.
(June 25, 1948, ch. 646, 62 Stat. 935.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed. §§ 41(1) and 80 (Mar. 3, 1911, ch. 231, §§ 24(1), 37, 36 Stat. 1091, 1098; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 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. 569571.) 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-plaintiffs 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.
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# 28 U.S.C. § 1360 - State civil jurisdiction in actions to which Indians are parties
## Text
(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 ofIndian country affected AlaskaAll Indian country within the State. CaliforniaAll Indian country within the State. MinnesotaAll Indian country within the State, except the Red Lake Reservation. NebraskaAll Indian country within the State. OregonAll Indian country within the State, except the Warm Springs Reservation. WisconsinAll 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.
(Added Aug. 15, 1953, ch. 505, § 4, 67 Stat. 589; amended Aug. 24, 1954, ch. 910, § 2, 68 Stat. 795; Pub. L. 85615, § 2, Aug. 8, 1958, 72 Stat. 545; Pub. L. 95598, title II, § 239, Nov. 6, 1978, 92 Stat. 2668; Pub. L. 98353, title I, § 110, July 10, 1984, 98 Stat. 342.)
## Notes
Editorial Notes
Amendments1984—Subsec. (a). Pub. L. 98353 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. 95598 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. 95598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 1958—Subsec. (a). Pub. L. 85615 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98353 effective July 10, 1984, see section 122(a) of Pub. L. 98353, set out as an Effective Date note under section 151 of this title.
Amendment of State Constitutions To Remove Legal Impediment; Effective DateAct Aug. 15, 1953, ch. 505, § 6, 67 Stat. 590, 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 JurisdictionAct Aug. 15, 1953, ch. 505, § 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. 90284, 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.
Executive Documents
Admission of Alaska as StateAdmission 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. 85508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.
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# 28 U.S.C. § 1361 - Action to compel an officer of the United States to perform his duty
## Text
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.
(Added Pub. L. 87748, § 1(a), Oct. 5, 1962, 76 Stat. 744.)
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# 28 U.S.C. § 1362 - Indian tribes
## Text
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.
(Added Pub. L. 89635, § 1, Oct. 10, 1966, 80 Stat. 880.)
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# 28 U.S.C. § 1363 - Jurors employment rights
## Text
The district courts shall have original jurisdiction of any civil action brought for the protection of jurors employment under section 1875 of this title.
(Added Pub. L. 95572, § 6(b)(1), Nov. 2, 1978, 92 Stat. 2457.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1363 was renumbered section 1366 of this title.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 95572, § 7, Nov. 2, 1978, 92 Stat. 2457, 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].”
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# 28 U.S.C. § 1364 - Direct actions against insurers of members of diplomatic missions and their families
## Text
(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.
(Added Pub. L. 95393, § 7(a), Sept. 30, 1978, 92 Stat. 809; amended Pub. L. 97241, title II, § 203(b)(4), Aug. 24, 1982, 96 Stat. 291; Pub. L. 100204, title I, § 138(a), Dec. 22, 1987, 101 Stat. 1347.)
## Notes
Editorial Notes
Codification Two other sections 1364 were renumbered sections 1365 and 1366 of this title.
Amendments1987—Subsec. (a). Pub. L. 100204 inserted “, or was at the time of the tortious act or omission,” after “who is”. 1982—Subsec. (a). Pub. L. 97241 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentPub. L. 100204, title I, § 138(b), Dec. 22, 1987, 101 Stat. 1347, 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 AmendmentAmendment by Pub. L. 97241 effective Oct. 1, 1982, see section 204 of Pub. L. 97241, set out as an Effective Date note under section 4301 of Title 22, Foreign Relations and Intercourse.
Effective DateSection effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95393, set out as a note under section 254a of Title 22, Foreign Relations and Intercourse.
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# 28 U.S.C. § 1365 - Senate actions
## Text
(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. 98620, title IV, § 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.
(Added Pub. L. 95521, title VII, § 705(f)(1), Oct. 26, 1978, 92 Stat. 1879, § 1364; amended Pub. L. 98620, title IV, § 402(29)(D), Nov. 8, 1984, 98 Stat. 3359; renumbered § 1365, Pub. L. 99336, § 6(a)(1)(B), June 19, 1986, 100 Stat. 638; Pub. L. 104292, § 4, Oct. 11, 1996, 110 Stat. 3460.)
## Notes
Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104292 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. 98620 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98620, set out as an Effective Date note under section 1657 of this title.
Effective DateSection effective Jan. 3, 1979, see section 717 of Pub. L. 95521, set out as a note under section 288 of Title 2, The Congress.
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# 28 U.S.C. § 1366 - Construction of references to laws of the United States or Acts of Congress
## Text
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.
(Added Pub. L. 91358, title I, § 172(c)(1), July 29, 1970, 84 Stat. 590, § 1363; renumbered § 1364, Pub. L. 95572, § 6(b)(1), Nov. 2, 1978, 92 Stat. 2456; renumbered § 1366, Pub. L. 99336, § 6(a)(1)(C), June 19, 1986, 100 Stat. 639.)
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# 28 U.S.C. § 1367 - Supplemental jurisdiction
## Text
(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.
(Added Pub. L. 101650, title III, § 310(a), Dec. 1, 1990, 104 Stat. 5113.)
## Notes
Editorial Notes
References in TextThe Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 101650, title III, § 310(c), Dec. 1, 1990, 104 Stat. 5114, 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].”
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# 28 U.S.C. § 1368 - Counterclaims in unfair practices in international trade.
## Text
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 partys claim in the proceeding under section 337(a) of that Act.
(Added Pub. L. 103465, title III, § 321(b)(3)(A), Dec. 8, 1994, 108 Stat. 4946.)
## Notes
Editorial Notes
References in TextSection 337 of the Tariff Act of 1930, referred to in text, is classified to section 1337 of Title 19, Customs Duties.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 103465, set out as an Effective Date of 1994 Amendment note under section 1337 of Title 19.
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# 28 U.S.C. § 1369 - Multiparty, multiforum jurisdiction
## Text
(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.
(Added Pub. L. 107273, div. C, title I, § 11020(b)(1)(A), Nov. 2, 2002, 116 Stat. 1826.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 107273, div. C, title I, § 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].”