28 U.S.C. § 1347 — Partition action where United States is

Page 376 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1347 2011—Subsec. (a)(2). Pub. L. 111–350 substituted ‘‘sec- tions 7104(b)(1) and 7107(a)(1) of title 41’’ for ‘‘sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978’’. 1996—Subsec. (b). Pub. L. 104–134 designated existing provisions as par. (1) and added par. (2). Subsec. (g). Pub. L. 104–331 added subsec. (g). 1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1986—Subsec. (e). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1982—Subsec. (a). Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. Subsec. (e). Pub. L. 97–248 substituted ‘‘section 6226, 6228(a), 7426, or’’ for ‘‘section 7426 or section’’. 1978—Subsec. (a)(2). Pub. L. 95–563 excluded from the jurisdiction of district courts civil actions or claims against the United States founded upon any express or implied contract with the United States or for damages in cases not sounding in tort subject to sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978. 1976—Subsec. (e). Pub. L. 94–455 inserted ‘‘or section 7429’’ and ‘‘or section 7428 (in the case of the United States district court for the District of Columbia)’’, after ‘‘section 7426’’. 1972—Subsec. (f). Pub. L. 92–562 added subsec. (f). 1970—Subsec. (a)(2). 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 Ex- changes, Marine Corps Exchanges, Coast Guard Ex- changes, or Exchange Councils of the National Aero- nautics and Space Administration. 1966—Subsec. (e). Pub. L. 89–719 added subsec. (e). 1964—Subsec. (d). Pub. L. 88–519 struck out provisions which prohibited district courts from exercising juris- diction of civil actions or claims to recover fees, salary, or compensation for official services of officers or em- ployees of the United States. 1958—Subsec. (b). Pub. L. 85–508 struck out reference to District Court for Territory of Alaska. See section 81A of this title which establishes a United States Dis- trict Court for the State of Alaska. 1954—Subsec. (a)(1). Act July 30, 1954, struck out lan- guage imposing jurisdictional limitation of $10,000 on suits to recover taxes. 1951—Subsec. (d). Act Oct. 31, 1951, inserted references to ‘‘claim’’ and ‘‘employees’’. 1949—Subsec. (a)(1). Act May 24, 1949, § 80(a), inserted ‘‘, (i) if the claim does not exceed $10,000 or (ii)’’. Subsec. (b). Acts Apr. 25, 1949, and May 24, 1949, § 80(b), made a technical change to correct ‘‘chapter 173’’ to read ‘‘chapter 171’’, and inserted ‘‘on and after January 1, 1945’’ after ‘‘for money damages’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–331 effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as an Effec- tive Date note under section 1296 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–248 applicable to partner- ship taxable years beginning after Sept. 3, 1982, with provision for the applicability of the amendment to any partnership taxable year ending after Sept. 3, 1982, if the partnership, each partner, and each indirect part- ner requests such application and the Secretary of the Treasury or his delegate consents to such application, see section 407(a)(1), (3) of Pub. L. 97–248, set out as a note under section 702 of Title 26, Internal Revenue Code. 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 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 offi- cer or initiated thereafter, see section 16 of Pub. L. 95–563, Nov. 1, 1978, 92 Stat. 2391, formerly set out as an Effective Date note under section 601 of former Title 41, Public Contracts. EFFECTIVE DATE OF 1970 AMENDMENT Pub. L. 91–350, § 2, July 23, 1970, 84 Stat. 449, provided that: ‘‘(a) In addition to granting jurisdiction over suits brought after the date of enactment of this Act [July 23, 1970], the provisions of this Act [amending this sec- tion and section 1491 of this title and section 724a of former Title 31, Money and Finance] shall also apply to claims and civil actions dismissed before or pending on the date of enactment of this Act if the claim or civil action is based upon a transaction, omission, or breach that occurred not more than six years prior to the date of enactment of this Act [July 23, 1970]. ‘‘(b) The provisions of subsection (a) of this section shall apply notwithstanding a determination or judg- ment made prior to the date of enactment of this Act that the United States district courts or the United States Court of Claims did not have jurisdiction to en- tertain a suit on an express or implied contract with a nonappropriated fund instrumentality of the United States described in section 1 of this Act.’’ EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–719, title II, § 203, Nov. 2, 1966, 80 Stat. 1149, provided that: ‘‘The amendments made by this title [amending this section and sections 1402 and 2410 of this title] shall apply after the date of the enactment of this Act [Nov. 2, 1966].’’ EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, set out as a note under section 542 of Title 6. TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the ‘‘transi- tion period’’, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Para- graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. § 1347. Partition action where United States is joint tenant The district courts shall have original juris- diction of any civil action commenced by any Page 377 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1350 tenant in common or joint tenant for the parti- tion of lands where the United States is one of the tenants in common or joint tenants. (June 25, 1948, ch. 646, 62 Stat. 933.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(25) (Mar. 3, 1911, ch. 231, § 24, par. 25, 36 Stat. 1094). The venue provision in section 41(25) of title 28, U.S.C., 1940 ed., is incorporated in section 1399 of this title. Words ‘‘civil action’’ were substituted for ‘‘suits in equity,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. A change was made in phraseology. § 1348. Banking association as party The district courts shall have original juris- diction of any civil action commenced by the United States, or by direction of any officer thereof, against any national banking associa- tion, any civil action to wind up the affairs of any such association, and any action by a bank- ing association established in the district for which the court is held, under chapter 2 of Title 12, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as pro- vided by such chapter. All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the States in which they are respectively located. (June 25, 1948, ch. 646, 62 Stat. 933.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(16) (Mar. 3, 1911, ch. 231, § 24, par. 16, 36 Stat. 1092). Words ‘‘any civil action’’ were substituted for ‘‘all cases,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Words ‘‘real, personal, or mixed, and all suits in eq- uity,’’ after ‘‘all other actions by or against them,’’ were omitted as superfluous. 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. § 1349. Corporation organized under federal law as party The district courts shall not have jurisdiction of any civil action by or against any corporation upon the ground that it was incorporated by or under an Act of Congress, unless the United States is the owner of more than one-half of its capital stock. (June 25, 1948, ch. 646, 62 Stat. 934.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 42 (Feb. 13, 1925, ch. 229, § 12, 43 Stat. 941). Words ‘‘civil action’’ were substituted for ‘‘action or suit,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Minor changes were made in phraseology. § 1350. Alien’s action for tort The district courts shall have original juris- diction of any civil action by an alien for a tort only, committed in violation of the law of na- tions or a treaty of the United States. (June 25, 1948, ch. 646, 62 Stat. 934.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(17) (Mar. 3, 1911, ch. 231, § 24, par. 17, 36 Stat. 1093). Words ‘‘civil action’’ were substituted for ‘‘suits,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Changes in phraseology were made. Statutory Notes and Related Subsidiaries TORTURE VICTIM PROTECTION Pub. L. 102–256, Mar. 12, 1992, 106 Stat. 73, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Torture Victim Pro- tection Act of 1991’. ‘‘SEC. 2. ESTABLISHMENT OF CIVIL ACTION. ‘‘(a) LIABILITY.—An individual who, under actual or apparent authority, or color of law, of any foreign na- tion— ‘‘(1) subjects an individual to torture shall, in a civil action, be liable for damages to that individual; or ‘‘(2) subjects an individual to extrajudicial killing shall, in a civil action, be liable for damages to the individual’s legal representative, or to any person who may be a claimant in an action for wrongful death. ‘‘(b) EXHAUSTION OF REMEDIES.—A court shall decline to hear a claim under this section if the claimant has not exhausted adequate and available remedies in the place in which the conduct giving rise to the claim oc- curred. ‘‘(c) STATUTE OF LIMITATIONS.—No action shall be maintained under this section unless it is commenced within 10 years after the cause of action arose. ‘‘SEC. 3. DEFINITIONS. ‘‘(a) EXTRAJUDICIAL KILLING.—For the purposes of this Act, the term ‘extrajudicial killing’ means a delib- erated killing not authorized by a previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as in- dispensable by civilized peoples. Such term, however, does not include any such killing that, under inter- national law, is lawfully carried out under the author- ity of a foreign nation. ‘‘(b) TORTURE.—For the purposes of this Act— ‘‘(1) the term ‘torture’ means any act, directed against an individual in the offender’s custody or physical control, by which severe pain or suffering (other than pain or suffering arising only from or in- herent in, or incidental to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confes- sion, punishing that individual for an act that indi- vidual or a third person has committed or is sus- pected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind; and ‘‘(2) mental pain or suffering refers to prolonged mental harm caused by or resulting from— ‘‘(A) the intentional infliction or threatened in- fliction of severe physical pain or suffering; ‘‘(B) the administration or application, or threat- ened administration or application, of mind alter- ing substances or other procedures calculated to disrupt profoundly the senses or the personality;