Based on title 28, U.S.C., 1940 ed., § 250(1) (Mar. 3, 1911, ch. 231; § 145, 36 Stat. 1136).
District courts are given concurrent jurisdiction of certain claims against the United States under section 1346 of this title. (See also reviser’s note under that section and section 1621 of this title relating to jurisdiction of the Tax Court.)
The proviso in section 250(1) of title 28, U.S.C., 1940 ed., relating to claims growing out of the Civil War, commonly known as “war claims,” and other claims which had been reported adversely before
The exception in section 250(1) of title 28, U.S.C., 1940 ed., as to pension claims appears in section 1501 of this title.
Words “in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty, if the United States were suable” were omitted as unnecessary since the Court of Claims manifestly, under this section will determine whether a petition against the United States states a cause of action. In any event, the Court of Claims has no admiralty jurisdiction, but the Suits in Admiralty Act, sections 741–752 of title 46, U.S.C., 1940 ed., Shipping, vests exclusive jurisdiction over suits in admiralty against the United States in the district courts. Sanday & Co. v. U.S., 1932, 76 Ct.Cl. 370.
For additional provisions respecting jurisdiction of the court of claims in war contract settlement cases see section 114b of Title 41, U.S.C., 1940 ed., Public Contracts.
Changes were made in phraseology.
Section 6 of the Contract Disputes Act of 1978, referred to in subsec. (a)(2), was classified to section 605 of former Title 41, Public Contracts, and was repealed and restated as subsecs. (a) to (c)(1) and (d) to (h) of section 7103 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b),
The Tennessee Valley Authority Act of 1933, referred to in subsec. (c), is act May 18, 1933, ch. 32, 48 Stat. 58, which is classified generally to chapter 12A (§ 831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables.
2011—Subsec. (a)(2). Pub. L. 111–350 substituted “section 7104(b)(1) of title 41” for “section 10(a)(1) of the Contract Disputes Act of 1978”.
Subsec. (b)(6). Pub. L. 112–81 added par. (6).
2008—Subsec. (b)(5). Pub. L. 110–417 struck out par. (5), as added by Pub. L. 110–161, which read as follows: “If a private sector interested party commences an action described in paragraph (1) in the case of a public-private competition conducted under Office of Management and Budget Circular A–76 regarding performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, then an official or person described in section 3551(2)(B) of title 31 shall be entitled to intervene in that action.”
Pub. L. 110–181 added par. (5).
2007—Subsec. (b)(5). Pub. L. 110–161 added par. (5).
1996—Subsec. (a)(3). Pub. L. 104–320, § 12(a)(2), struck out par. (3) which read as follows: “To afford complete relief on any contract claim brought before the contract is awarded, the court shall have exclusive jurisdiction to grant declaratory judgments and such equitable and extraordinary relief as it deems proper, including but not limited to injunctive relief. In exercising this jurisdiction, the court shall give due regard to the interests of national defense and national security.”
Subsecs. (b), (c). Pub. L. 104–320, § 12(a)(1), (3), added subsec. (b) and redesignated former subsec. (b) as (c).
1992—Subsec. (a)(1). Pub. L. 102–572, § 902(a)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”.
Subsec. (a)(2). Pub. L. 102–572, § 907(b)(1), inserted before period at end “, including a dispute concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer has been issued under section 6 of that Act”.
Pub. L. 102–572, § 902(a)(2), substituted “Court of Federal Claims” for “Claims Court”.
Subsec. (b). Pub. L. 102–572, § 902(a)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”.
1982—Subsec. (a)(1). Pub. L. 97–164 designated first two sentences of existing first undesignated paragraph as subsec. (a)(1) and substituted “United States Claims Court” for “Court of Claims”.
Subsec. (a)(2). Pub. L. 97–164 designated third, fourth, and fifth sentences of existing first undesignated paragraph as par. (2) and substituted “The Claims Court” for “The Court of Claims” and “arising under section 10(a)(1) of the Contract Disputes Act of 1978” for “arising under the Contract Disputes Act of 1978”.
Subsec. (a)(3). Pub. L. 97–164 added par. (3).
Subsec. (b). Pub. L. 97–164 designated existing second undesignated paragraph as subsec. (b) and substituted “United States Claims Court” for “Court of Claims”, “conduct of, the Tennessee Valley Authority, or” for “actions of, the Tennessee Valley Authority, nor”, “Tennessee Valley Authority Act of 1933” for “Tennessee Valley Authority Act of 1933, as amended,”, and “actions by or against the Authority” for “suits by or against the Authority”.
1980—Pub. L. 96–417 substituted “Court of Claims of any civil action within the exclusive jurisdiction of the Court of International Trade, or of any action” for “in suits” in second par.
1978—Pub. L. 95–563 provided that the Court of Claims would have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under the Contract Disputes Act of 1978.
1972—Pub. L. 92–415 inserted provisions authorizing the court to issue orders directing restoration to office or position, placement in appropriate duty or retirement status and correction of applicable records and to issue such orders to any United States official and to remand appropriate matters to administrative and executive bodies with proper directions.
1970—Pub. L. 91–350 specified that the term “express or implied contracts with the United States” includes express or implied contracts with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration.
1954—Act
1953—Act
Pub. L. 112–81, div. A, title VIII, § 861(b),
Pub. L. 110–181, div. A, title III, § 326(d), “(1) a protest or civil action that challenges final selection of the source of performance of an activity or function of a Federal agency that is made pursuant to a study initiated under Office of Management and Budget Circular A–76 on or after “(2) any other protest or civil action that relates to a public-private competition initiated under Office of Management and Budget Circular A–76, or to a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, on or after the date of the enactment of this Act [
Paragraph (5) of subsec. (b) of this section applicable to protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initiated under Office of Management and Budget Circular A–76 on or after
Amendment by Pub. L. 110–161 applicable with respect to fiscal year 2008 and each succeeding fiscal year, see section 739(e) of Pub. L. 110–161, set out as a note under section 501 of Title 31, Money and Finance.
Pub. L. 104–320, § 12(b),
Amendment by section 902(a) of Pub. L. 102–572 effective
Pub. L. 102–572, title IX, § 907(b)(2), “(A) a final judgment of the United States Claims Court, if the time for appeal of that judgment has expired without an appeal having been filed, or“(B) a final judgment of the Court of Appeals for the Federal Circuit.”
Amendment by Pub. L. 97–164 effective
Amendment by Pub. L. 96–417 effective
Amendment by Pub. L. 95–563 effective with respect to contracts entered into 120 days after
Pub. L. 92–415, § 2,
Amendment by Pub. L. 91–350 applicable to claims and civil actions dismissed before or pending on
Pub. L. 104–320, § 12(e), “(1) A termination under subsection (d) [set out below] shall not terminate the effectiveness of orders that have been issued by a court in connection with an action within the jurisdiction of that court on or before “(2) (A) a termination under subsection (d) shall not affect the jurisdiction of a court of the United States to continue with any proceeding that is pending before the court on “(B) Orders may be issued in any such proceeding, appeals may be taken therefrom, and payments may be made pursuant to such orders, as if such termination had not occurred. An order issued in any such proceeding shall continue in effect until modified, terminated, superseded, set aside, or revoked by a court of competent jurisdiction or by operation of law.“(C) Nothing in this paragraph prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that proceeding could have been discontinued or modified absent such termination.”
Pub. L. 104–320, § 12(d),
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Pub. L. 104–320, § 12(c),