§ 1491. — Claims against United States generally; actions involving Tennessee Valley Authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1491]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 91--UNITED STATES COURT OF FEDERAL CLAIMS
Sec. 1491. Claims against United States generally; actions
involving Tennessee Valley Authority
(a)(1) The United States Court of Federal Claims shall have
jurisdiction to render judgment upon any claim against the United States
founded either upon the Constitution, or any Act of Congress or any
regulation of an executive department, or upon any express or implied
contract with the United States, or for liquidated or unliquidated
damages in cases not sounding in tort. For the purpose of this
paragraph, an express or implied contract with the Army and Air Force
Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard
Exchanges, or Exchange Councils of the National Aeronautics and Space
Administration shall be considered an express or implied contract with
the United States.
(2) To provide an entire remedy and to complete the relief afforded
by the judgment, the court may, as an incident of and collateral to any
such judgment, issue orders directing restoration to office or position,
placement in appropriate duty or retirement status, and correction of
applicable records, and such orders may be issued to any appropriate
official of the United States. In any case within its jurisdiction, the
court shall have the power to remand appropriate matters to any
administrative or executive body or official with such direction as it
may deem proper and just. The Court of Federal Claims shall have
jurisdiction to render judgment upon any claim by or against, or dispute
with, a contractor arising under section 10(a)(1) of the Contract
Disputes Act of 1978, including a dispute concerning termination of a
contract, rights in tangible or intangible property, compliance with
cost accounting standards, and other nonmonetary disputes on which a
decision of the contracting officer has been issued under section 6 of
that Act.
(b)(1) Both the Unites \1\ States Court of Federal Claims and the
district courts of the United States shall have jurisdiction to render
judgment on an action by an interested party objecting to a solicitation
by a Federal agency for bids or proposals for a proposed contract or to
a proposed award or the award of a contract or any alleged violation of
statute or regulation in connection with a procurement or a proposed
procurement. Both the United States Court of Federal Claims and the
district courts of the United States shall have jurisdiction to
entertain such an action without regard to whether suit is instituted
before or after the contract is awarded.
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\1\ So in original. Probably should be ``United''.
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(2) To afford relief in such an action, the courts may award any
relief that the court considers proper, including declaratory and
injunctive relief except that any monetary relief shall be limited to
bid preparation and proposal costs.
(3) In exercising jurisdiction under this subsection, the courts
shall give due regard to the interests of national defense and national
security and the need for expeditious resolution of the action.
(4) In any action under this subsection, the courts shall review the
agency's decision pursuant to the standards set forth in section 706 of
title 5.
(c) Nothing herein shall be construed to give the United States
Court of Federal Claims jurisdiction of any civil action within the
exclusive jurisdiction of the Court of International Trade, or of any
action against, or founded on conduct of, the Tennessee Valley
Authority, or to amend or modify the provisions of the Tennessee Valley
Authority Act of 1933 with respect to actions by or against the
Authority.
(June 25, 1948, ch. 646, 62 Stat. 940; July 28, 1953, ch. 253, Sec. 7,
67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 44(a), (b), 68 Stat. 1241;
Pub. L. 91-350, Sec. 1(b), July 23, 1970, 84 Stat. 449; Pub. L. 92-415,
Sec. 1, Aug. 29, 1972, 86 Stat. 652; Pub. L. 95-563, Sec. 14(i), Nov. 1,
1978, 92 Stat. 2391; Pub. L. 96-417, title V, Sec. 509, Oct. 10, 1980,
94 Stat. 1743; Pub. L. 97-164, title I, Sec. 133(a), Apr. 2, 1982, 96
Stat. 39; Pub. L. 102-572, title IX, Secs. 902(a), 907(b)(1), Oct. 29,
1992, 106 Stat. 4516, 4519; Pub. L. 104-320, Sec. 12(a), Oct. 19, 1996,
110 Stat. 3874.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 250(1) (Mar. 3, 1911, ch.
231; Sec. 145, 36 Stat. 1136).
District courts are given concurrent jurisdiction of certain claims
against the United States under section 1346 of this title. (See also
reviser's note under that section and section 1621 of this title
relating to jurisdiction of the Tax Court.)
The proviso in section 250(1) of title 28, U.S.C., 1940 ed.,
relating to claims growing out of the Civil War, commonly known as ``war
claims,'' and other claims which had been reported adversely before
March 3, 1887 by any court, department, or commission authorized to
determine them, were omitted as obsolete.
The exception in section 250(1) of title 28, U.S.C., 1940 ed., as to
pension claims appears in section 1501 of this title.
Words ``in respect of which claims the party would be entitled to
redress against the United States either in a court of law, equity, or
admiralty, if the United States were suable'' were omitted as
unnecessary since the Court of Claims manifestly, under this section
will determine whether a petition against the United States states a
cause of action. In any event, the Court of Claims has no admiralty
jurisdiction, but the Suits in Admiralty Act, sections 741-752 of title
46, U.S.C., 1940 ed., Shipping, vests exclusive jurisdiction over suits
in admiralty against the United States in the district courts. Sanday &
Co. v. U.S., 1932, 76 Ct.Cl. 370.
For additional provisions respecting jurisdiction of the court of
claims in war contract settlement cases see section 114b of Title 41,
U.S.C., 1940 ed., Public Contracts.
Changes were made in phraseology.
References in Text
Sections 6 and 10(a)(1) of the Contract Disputes Act of 1978,
referred to in subsec. (a)(2), are classified to sections 605 and
609(a)(1), respectively, of Title 41, Public Contracts.
The Tennessee Valley Authority Act of 1933, referred to in subsec.
(c), is act May 18, 1933, ch. 32, 48 Stat. 58, as amended, which is
classified generally to chapter 12A (Sec. 831 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see
section 831 of Title 16 and Tables.
Amendments
1996--Subsec. (a)(3). Pub. L. 104-320, Sec. 12(a)(2), struck out
par. (3) which read as follows: ``To afford complete relief on any
contract claim brought before the contract is awarded, the court shall
have exclusive jurisdiction to grant declaratory judgments and such
equitable and extraordinary relief as it deems proper, including but not
limited to injunctive relief. In exercising this jurisdiction, the court
shall give due regard to the interests of national defense and national
security.''
Subsecs. (b), (c). Pub. L. 104-320, Sec. 12(a)(1), (3), added
subsec. (b) and redesignated former subsec. (b) as (c).
1992--Subsec. (a)(1). Pub. L. 102-572, Sec. 902(a)(1), substituted
``United States Court of Federal Claims'' for ``United States Claims
Court''.
Subsec. (a)(2). Pub. L. 102-572, Sec. 907(b)(1), inserted before
period at end ``, including a dispute concerning termination of a
contract, rights in tangible or intangible property, compliance with
cost accounting standards, and other nonmonetary disputes on which a
decision of the contracting officer has been issued under section 6 of
that Act''.
Pub. L. 102-572, Sec. 902(a)(2), substituted ``Court of Federal
Claims'' for ``Claims Court''.
Subsec. (b). Pub. L. 102-572, Sec. 902(a)(1), substituted ``United
States Court of Federal Claims'' for ``United States Claims Court''.
1982--Subsec. (a)(1). Pub. L. 97-164 designated first two sentences
of existing first undesignated paragraph as subsec. (a)(1) and
substituted ``United States Claims Court'' for ``Court of Claims''.
Subsec. (a)(2). Pub. L. 97-164 designated third, fourth, and fifth
sentences of existing first undesignated paragraph as par. (2) and
substituted ``The Claims Court'' for ``The Court of Claims'' and
``arising under section 10(a)(1) of the Contract Disputes Act of 1978''
for ``arising under the Contract Disputes Act of 1978''.
Subsec. (a)(3). Pub. L. 97-164 added par. (3).
Subsec. (b). Pub. L. 97-164 designated existing second undesignated
paragraph as subsec. (b) and substituted ``United States Claims Court''
for ``Court of Claims'', ``conduct of, the Tennessee Valley Authority,
or'' for ``actions of, the Tennessee Valley Authority, nor'',
``Tennessee Valley Authority Act of 1933'' for ``Tennessee Valley
Authority Act of 1933, as amended,'', and ``actions by or against the
Authority'' for ``suits by or against the Authority''.
1980--Pub. L. 96-417 substituted ``Court of Claims of any civil
action within the exclusive jurisdiction of the Court of International
Trade, or of any action'' for ``in suits'' in second par.
1978--Pub. L. 95-563 provided that the Court of Claims would have
jurisdiction to render judgment upon any claim by or against, or dispute
with, a contractor arising under the Contract Disputes Act of 1978.
1972--Pub. L. 92-415 inserted provisions authorizing the court to
issue orders directing restoration to office or position, placement in
appropriate duty or retirement status and correction of applicable
records and to issue such orders to any United States official and to
remand appropriate matters to administrative and executive bodies with
proper directions.
1970--Pub. L. 91-350 specified that the term ``express or implied
contracts with the United States'' includes express or implied contracts
with the Army and Air Force Exchange Service, Navy Exchanges, Marine
Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the
National Aeronautics and Space Administration.
1954--Act Sept. 3, 1954, inserted ``; actions involving Tennessee
Valley Authority'' in section catchline and altered the form of first
par. to spell out the general jurisdiction of the Court in paragraph
form rather than as clauses of the par.
1953--Act July 28, 1953, substituted ``United States Court of
Claims'' for ``Court of Claims'' near beginning of section, and inserted
last par.
Effective Date of 1996 Amendment
Section 12(b) of Pub. L. 104-320 provided that: ``This section
[amending this section and section 3556 of Title 31, Money and Finance,
and enacting provisions set out as notes under this section and section
3556 of Title 31] and the amendments made by this section shall take
effect on December 31, 1996 and shall apply to all actions filed on or
after that date.''
Effective Date of 1992 Amendment
Amendment by section 902(a) of Pub. L. 102-572 effective Oct. 29,
1992, see section 911 of Pub. L. 102-572, set out as a note under
section 171 of this title.
Section 907(b)(2) of Pub. L. 102-572 provided that: ``The amendment
made by paragraph (1) [amending this section] shall be effective with
respect to all actions filed before, on, or after the date of the
enactment of this Act [Oct. 29, 1992], except for those actions which,
before such date of enactment, have been the subject of--
``(A) a final judgment of the United States Claims Court, if the
time for appeal of that judgment has expired without an appeal
having been filed, or
``(B) a final judgment of the Court of Appeals for the Federal
Circuit.''
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-563 effective with respect to contracts
entered into 120 days after Nov. 1, 1978, and, at the election of the
contractor, with respect to any claim pending at such time before the
contracting officer or initiated thereafter, see section 16 of Pub. L.
95-563, set out as an Effective Date note under section 601 of Title 41,
Public Contracts.
Effective Date of 1972 Amendment
Section 2 of Pub. L. 92-415 provided that: ``This Act [amending this
section] shall be applicable to all judicial proceedings pending on or
instituted after the date of its enactment [Aug. 29, 1972].''
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-350 applicable to claims and civil actions
dismissed before or pending on July 23, 1970, if the claim or civil
action was based upon a transaction, omission, or breach that occurred
not more than six years prior to July 23, 1970, notwithstanding a
determination or judgment made prior to July 23, 1970, that the United
States district courts or the United States Court of Claims did not have
jurisdiction to entertain a suit on an express or implied contract with
a nonappropriated fund instrumentality of the United States, see section
2 of Pub. L. 91-350, set out as a note under section 1346 of this title.
Savings Provision
Section 12(e) of Pub. L. 104-320 provided that:
``(1) Orders.--A termination under subsection (d) [set out below]
shall not terminate the effectiveness of orders that have been issued by
a court in connection with an action within the jurisdiction of that
court on or before December 31, 2000. Such orders shall continue in
effect according to their terms until modified, terminated, superseded,
set aside, or revoked by a court of competent jurisdiction or by
operation of law.
``(2) Proceedings and applications.--(A) a termination under
subsection (d) shall not affect the jurisdiction of a court of the
United States to continue with any proceeding that is pending before the
court on December 31, 2000.
``(B) Orders may be issued in any such proceeding, appeals may be
taken therefrom, and payments may be made pursuant to such orders, as if
such termination had not occurred. An order issued in any such
proceeding shall continue in effect until modified, terminated,
superseded, set aside, or revoked by a court of competent jurisdiction
or by operation of law.
``(C) Nothing in this paragraph prohibits the discontinuance or
modification of any such proceeding under the same terms and conditions
and to the same extent that proceeding could have been discontinued or
modified absent such termination.''
Sunset Provision
Section 12(d) of Pub. L. 104-320 provided that: ``The jurisdiction
of the district courts of the United States over the actions described
in section 1491(b)(1) of title 28, United States Code (as amended by
subsection (a) of this section) shall terminate on January 1, 2001
unless extended by Congress. The savings provisions in subsection (e)
[set out above] shall apply if the bid protest jurisdiction of the
district courts of the United States terminates under this subsection.''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Study on Concurrent Jurisdiction
Section 12(c) of Pub. L. 104-320 provided that: ``No earlier than 2
years after the effective date of this section [Dec. 31, 1996], the
United States General Accounting Office shall undertake a study
regarding the concurrent jurisdiction of the district courts of the
United States and the Court of Federal Claims over bid protests to
determine whether concurrent jurisdiction is necessary. Such a study
shall be completed no later than December 31, 1999, and shall
specifically consider the effect of any proposed change on the ability
of small businesses to challenge violations of Federal procurement
law.''
Section Referred to in Other Sections
This section is referred to in section 2409a of this title; title 12
section 216b; title 16 section 460jjj-2; title 20 section 1155; title 22
section 3862; title 25 sections 1300i-11, 1779c, 3001; title 41 sections
114, 602; title 42 sections 2297h-3, 4654; title 45 section 1018; title
46 App. section 1242; title 47 section 606.
