28 U.S.C. § 1330 — Actions against foreign states

Page 363 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1331 1986—Pub. L. 99–336, § 6(a)(1)(A), June 19, 1986, 100 Stat. 638, renumbered item 1364 ‘‘Senate actions’’ and item 1364 ‘‘Construction of references to laws of the United States or Acts of Congress’’ as items 1365 and 1366, respectively. 1984—Pub. L. 98–353, title I, § 101(b), July 10, 1984, 98 Stat. 333, substituted ‘‘cases’’ for ‘‘matters’’ in item 1334. 1980—Pub. L. 96–486, § 2(b), Dec. 1, 1980, 94 Stat. 2369, struck out ‘‘; amount in controversy; costs.’’ after ‘‘question’’ in item 1331. 1978—Pub. L. 95–598, title II, § 238(b), Nov. 6, 1978, 92 Stat. 2668, directed the substitution of ‘‘Bankruptcy ap- peals’’ for ‘‘Bankruptcy matters and proceedings’’ in item 1334, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. Pub. L. 95–572, § 6(b)(2), Nov. 2, 1978, 92 Stat. 2457, added item 1363 and redesignated former item 1363 ‘‘Construction of references to laws of the United States or Acts of Congress’’, as 1364. Pub. L. 95–521, title VII, § 705(f)(2), Oct. 26, 1978, 92 Stat. 1880, added item 1364 ‘‘Senate actions’’. Pub. L. 95–486, § 9(c), Oct. 20, 1978, 92 Stat. 1634, sub- stituted ‘‘Commerce and antitrust regulations; amount in controversy, costs’’ for ‘‘Commerce and antitrust regulations’’ in item 1337. Pub. L. 95–393, §§ 7(b), 8(a)(2), Sept. 30, 1978, 92 Stat. 810, substituted ‘‘Consuls, vice consuls, and members of a diplomatic mission as defendant’’ for ‘‘Consuls and vice consuls as defendants’’ in item 1351 and added item 1364 ‘‘Direct actions against insurers of members of dip- lomatic missions and their families’’. 1976—Pub. L. 94–583, § 2(b), Oct. 21, 1976, 90 Stat. 2891, added item 1330. 1970—Pub. L. 91–358, title I, § 172(c)(2), July 29, 1970, 84 Stat. 591, added item 1363. 1966—Pub. L. 89–635, § 2, Oct. 10, 1966, 80 Stat. 880, added item 1362. 1962—Pub. L. 87–748, § 1(b), Oct. 5, 1962, 76 Stat. 744, added item 1361. 1958—Pub. L. 85–554, § 4, July 25, 1958, 72 Stat. 415, in- serted ‘‘costs’’ in items 1331 and 1332. 1953—Act Aug. 15, 1953, ch. 505, § 3, 67 Stat. 589, added item 1360. § 1330. Actions against foreign states (a) The district courts shall have original ju- risdiction without regard to amount in con- troversy 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 1605–1607 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 appear- ance 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 1605–1607 of this title. (Added Pub. L. 94–583, § 2(a), Oct. 21, 1976, 90 Stat. 2891.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 21, 1976, see sec- tion 8 of Pub. L. 94–583, set out as a note under section 1602 of this title. § 1331. Federal question The district courts shall have original juris- diction of all civil actions arising under the Con- stitution, laws, or treaties of the United States. (June 25, 1948, ch. 646, 62 Stat. 930; Pub. L. 85–554, § 1, July 25, 1958, 72 Stat. 415; Pub. L. 94–574, § 2, Oct. 21, 1976, 90 Stat. 2721; Pub. L. 96–486, § 2(a), Dec. 1, 1980, 94 Stat. 2369.) HISTORICAL AND REVISION NOTES Based 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., §§ 30–43. See, also, reviser’s 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 Su- preme 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 Pro- cedure. 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 AMENDMENTS 1980—Pub. L. 96–486 struck out ‘‘; amount in con- troversy; costs’’ in section catchline, struck out min- imum amount in controversy requirement of $10,000 for original jurisdiction in federal question cases which ne- cessitated striking the exception to such required min- imum amount that authorized original jurisdiction in actions brought against the United States, any agency thereof, or any officer or employee thereof in an offi- cial capacity, struck out provision authorizing the dis- trict court except where express provision therefore was made in a federal statute to deny costs to a plain- tiff 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, com- puted without regard to set-off or counterclaim and ex- clusive of interests and costs, and struck out existing subsection designations. 1976—Subsec. (a). Pub. L. 94–574 struck out $10,000 ju- risdictional 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. 85–554 included costs in section catch- line, designated existing provisions as subsec. (a), sub- stituted ‘‘$10,000’’ for ‘‘$3,000’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT; APPLICABILITY Pub. L. 96–486, § 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