28 U.S.C. § 1345 — United States as plaintiff

Page 374 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1345 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 offer- ing to vote, on account of race, color or previous condition of servitude. The jurisdiction under this section shall ex- tend 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.) HISTORICAL AND REVISION NOTES Based 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 ex- cluding Senators. Moreover, the Seventeenth amend- ment, 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. § 1345. United States as plaintiff Except as otherwise provided by Act of Con- gress, the district courts shall have original ju- risdiction of all civil actions, suits or pro- ceedings commenced by the United States, or by any agency or officer thereof expressly author- ized to sue by Act of Congress. (June 25, 1948, ch. 646, 62 Stat. 933.) 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). 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 sub- stituted 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 sec- tion shall apply to actions by agencies of the Govern- ment 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 dis- trict courts in the absence of special provisions confer- ring it elsewhere. Changes were made in phraseology. § 1346. United States as defendant (a) The district courts shall have original ju- risdiction, concurrent with the United States Court of Federal Claims, of: (1) Any civil action against the United States for the recovery of any internal-rev- enue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without au- thority or any sum alleged to have been exces- sive or in any manner wrongfully collected under the internal-revenue laws; (2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, 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, except that the dis- trict courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or un- liquidated damages in cases not sounding in tort which are subject to sections 7104(b)(1) and 7107(a)(1) of title 41. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Serv- ice, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Admin- istration shall be considered an express or im- plied contract with the United States. (b)(1) Subject to the provisions of chapter 171 of this title, the district courts, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of prop- erty, or personal injury or death caused by the negligent or wrongful act or omission of any em- ployee of the Government while acting within the scope of his office or employment, under cir- cumstances where the United States, if a private person, would be liable to the claimant in ac- cordance with the law of the place where the act or omission occurred. (2) No person convicted of a felony who is in- carcerated while awaiting sentencing or while serving a sentence may bring a civil action against the United States or an agency, officer, or employee of the Government, for mental or emotional injury suffered while in custody with- out a prior showing of physical injury or the commission of a sexual act (as defined in section 2246 of title 18). (c) The jurisdiction conferred by this section includes jurisdiction of any set-off, counter- claim, or other claim or demand whatever on the part of the United States against any plain- tiff commencing an action under this section. (d) The district courts shall not have jurisdic- tion under this section of any civil action or claim for a pension. (e) The district courts shall have original ju- risdiction of any civil action against the United States provided in section 6226, 6228(a), 7426, or 7428 (in the case of the United States district court for the District of Columbia) or section 7429 of the Internal Revenue Code of 1986. (f) The district courts shall have exclusive original jurisdiction of civil actions under sec- tion 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States. (g) Subject to the provisions of chapter 179, the district courts of the United States shall have exclusive jurisdiction over any civil action commenced under section 453(2) of title 3, by a covered employee under chapter 5 of such title. (June 25, 1948, ch. 646, 62 Stat. 933; Apr. 25, 1949, ch. 92, § 2(a), 63 Stat. 62; May 24, 1949, ch. 139,