28 U.S.C. § 1392 — Untitled legal text

Page 387 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1395 sons may be joined in accordance with the Federal Rules of Civil Procedure and with other venue require- ments which would be applicable if the United States, its agencies, or one of its officers or employees were not a party. Subsec. (f). Pub. L. 94–583 added subsec. (f). 1966—Subsec. (a). Pub. L. 89–714, § 1, authorized a civil action to be brought in the judicial district in which the claim arose. Subsec. (b). Pub. L. 89–714, § 1, authorized a civil ac- tion to be brought in the judicial district in which the claim arose. Subsec. (f). Pub. L. 89–714, § 2, repealed subsec. (f) which permitted a civil action on a tort claim arising out of the manufacture, assembly, repair, ownership, maintenance, use, or operation of an automobile to be brought in the judicial district wherein the act or omis- sion complained of occurred. Present provisions are now contained in subsecs. (a) and (b) of this section. 1963—Subsec. (f). Pub. L. 88–234 added subsec. (f) 1962—Subsec. (e). Pub. L. 87–748 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–63 effective upon the expi- ration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action commenced in a United States district court on or after such effective date, and to any action removed from a State court to a United States district court that had been commenced, within the meaning of State law, on or after such effec- tive date, see section 205 of Pub. L. 112–63, set out as an Effective Date note under section 1390 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–273 applicable to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after Nov. 2, 2002, see section 11020(c) of Pub. L. 107–273, set out as an Effec- tive Date note under section 1369 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–702, title X, § 1013(b), Nov. 19, 1988, 102 Stat. 4669, provided that: ‘‘The amendment made by this section [amending this section] takes effect 90 days after the date of enactment of this title [Nov. 19, 1988].’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–583 effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as an Effective Date note under section 1602 of this title. [§ 1392. Repealed. Pub. L. 112–63, § 203, Dec. 7, 2011, 125 Stat. 764] Section, act June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 104–220, § 1, Oct. 1, 1996, 110 Stat. 3023, related to defend- ants or property in different districts in the same State. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and appli- cable to any action commenced in a United States dis- trict court on or after such effective date, and to any action removed from a State court to a United States district court that had been commenced, within the meaning of State law, on or after such effective date, see section 205 of Pub. L. 112–63, set out as an Effective Date note under section 1390 of this title. [§ 1393. Repealed. Pub. L. 100–702, title X, § 1001(a), Nov. 19, 1988, 102 Stat. 4664] Section, act June 25, 1948, ch. 646, 62 Stat. 935, related to divisional venue in civil cases of a single defendant or defendants in different divisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 100–702, title X, § 1001(b), Nov. 19, 1988, 102 Stat. 4664, provided that: ‘‘The amendments made by this section [repealing this section] take effect 90 days after the date of enactment of this Act [Nov. 19, 1988].’’ § 1394. Banking association’s action against Comptroller of Currency Any civil action by a national banking asso- ciation to enjoin the Comptroller of the Cur- rency, under the provisions of any Act of Con- gress relating to such associations, may be pros- ecuted in the judicial district where such asso- ciation is located. (June 25, 1948, ch. 646, 62 Stat. 935.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 110 (Mar. 3, 1911, ch. 231, § 49, 36 Stat. 1100). Words ‘‘Any civil action’’ were substituted for ‘‘All proceedings,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Executive Documents EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in the Comptroller of the Currency, referred to in this section, were not included in the transfer of functions of offi- cers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, § 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and Finance. § 1395. Fine, penalty or forfeiture (a) A civil proceeding for the recovery of a pe- cuniary fine, penalty or forfeiture may be pros- ecuted in the district where it accrues or the de- fendant is found. (b) A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found. (c) A civil proceeding for the forfeiture of property seized outside any judicial district may be prosecuted in any district into which the property is brought. (d) A proceeding in admiralty for the enforce- ment of fines, penalties and forfeitures against a vessel may be brought in any district in which the vessel is arrested. (e) Any proceeding for the forfeiture of a ves- sel or cargo entering a port of entry closed by the President in pursuance of law, or of goods and chattels coming from a State or section de- clared by proclamation of the President to be in insurrection, or of any vessel or vehicle con- veying persons or property to or from such State or section or belonging in whole or in part to a resident thereof, may be prosecuted in any dis- trict into which the property is taken and in which the proceeding is instituted. (June 25, 1948, ch. 646, 62 Stat. 936.)