§ 2408. — Security not required of United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2408]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 161--UNITED STATES AS PARTY GENERALLY
Sec. 2408. Security not required of United States
Security for damages or costs shall not be required of the United
States, any department or agency thereof or any party acting under the
direction of any such department or agency on the issuance of process or
the institution or prosecution of any proceeding.
Costs taxable, under other Acts of Congress, against the United
States or any such department, agency or party shall be paid out of the
contingent fund of the department or agency which directed the
proceedings to be instituted.
(June 25, 1948, ch. 646, 62 Stat. 972.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 870 (R.S. Sec. 1001; Mar.
3, 1911, ch. 231, Secs. 117, 289, 36 Stat. 1131, 1167; Jan. 31, 1928,
ch. 14, Sec. 1, 45 Stat. 54; June 19, 1934, ch. 653, Sec. 7, 48 Stat.
1109).
Section 870 of title 28, U.S.C., 1940 ed., applied only to the
Supreme Court and district courts. The revised section applies to all
courts.
Words ``process or the institution or prosecution of any
proceeding'' were substituted for ``appeal, or other process in law,
admiralty, or equity.''
Word ``agency'' was substituted for ``any corporation all the stock
of which is beneficially owned by the United States, either directly or
indirectly'', in view of the creation of many independent governmental
agencies since the enactment of the original law on which this section
is based.
Changes were made in phraseology.
