28 U.S.C. § 1395 — Fine, penalty or forfeiture

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 L. 89–714, § 2, repealed subsec.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.) Page 388 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1396 HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 104, 106, 107, and 108, and section 3745(c) of title 26, U.S.C., 1940 ed., Inter- nal Revenue Code (Mar. 3, 1911, ch. 231, §§ 43, 45, 46, 47, 36 Stat. 1100; Feb. 10, 1939, ch. 2, § 3745(c), 53 Stat. 460). This section consolidates section 3745(c) of title 26, U.S.C., 1940 ed., with sections 104, 106, 107, and 108 of title 28, U.S.C., 1940 ed., relating to venue in civil pro- ceedings to recover and enforce civil fines, penalties, and forfeitures, pecuniary or otherwise. Subsection (a) is based on said section 104 of title 28 and said section 3745(c) of title 26. Subsections (b) and (c) consolidate such sections 106 and 107 of title 28. Subsection (e) is based on such section 108 of title 28. Subsection (b) substituted words ‘‘may be prosecuted in any district where such property is found’’ for ‘‘shall be prosecuted in the district where the seizure is made,’’ to include not only property seized, but also all other property subject to forfeiture. Words ‘‘civil’’ and ‘‘fine’’ were inserted to make this section applicable to the many provisions of the United States Code for fines essentially civil. (See reviser’s note under section 1355 of this title.) Provisions of section 3745(c) of title 26, U.S.C., 1940 ed., that such suit may be brought ‘‘before any other court of competent jurisdiction’’ were omitted as mis- leading surplusage, since United States district courts, under section 1355 of this title, have exclusive jurisdic- tion. Subsection (d) was added for completeness and clar- ity. Changes were made in phraseology. SENATE REVISION AMENDMENT While section 3745(c) of Title 26, U.S.C., Internal Rev- enue Code, is one of the sources of this section, it was eliminated from the schedule of repeals by Senate amendment. Therefore, such section 3745(c) remains in Title 26. See 80th Congress Senate Report No. 1559. § 1396. Internal revenue taxes Any civil action for the collection of internal revenue taxes may be brought in the district where the liability for such tax accrues, in the district of the taxpayer’s residence, or in the district where the return was filed. (June 25, 1948, ch. 646, 62 Stat. 936.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 105, and section 3744 of title 26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911, ch. 231, § 44, 36 Stat. 1100; Feb. 10, 1939, ch. 2, § 3744, 53 Stat. 460). Section consolidates section 3744 of title 26, U.S.C., 1940 ed., Internal Revenue Code, with section 105 of title 28, U.S.C., 1940 ed. Words ‘‘or in the district where the return was filed’’ are new. This extension of venue will permit of an ac- tion in a district easily determinable for collection of revenue earned in several districts, or States, but the return for which is filed with one collector. Changes were made in phraseology. SENATE REVISION AMENDMENT While section 3744 of Title 26, U.S.C., Internal Rev- enue Code [1939], is one of the sources of this section, it was eliminated from the schedule of repeals by Sen- ate amendment. Therefore, it remains in Title 26 [I.R.C. 1939]. See 80th Congress Senate Report No. 1559. § 1397. Interpleader Any civil action of interpleader or in the na- ture of interpleader under section 1335 of this title may be brought in the judicial district in which one or more of the claimants reside. (June 25, 1948, ch. 646, 62 Stat. 936.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(26) (Mar. 3, 1911, ch. 231, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 1, 49 Stat. 1096). Provisions of section 41(26) of title 28, U.S.C., 1940 ed., relating to jurisdiction are the basis of section 1335 of this title and other provisions thereof are incorporated in section 2361 of this title. Words ‘‘civil action’’ were substituted for ‘‘suit,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. § 1398. Interstate Commerce Commission’s orders (a) Except as otherwise provided by law, a civil action brought under section 1336(a) of this title shall be brought only in a judicial district in which any of the parties bringing the action resides or has its principal office. (b) A civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, an order of the Interstate Commerce Commission made pursuant to the referral of a question or issue by a district court or by the United States Court of Federal Claims, shall be brought only in the court which referred the question or issue. (June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 88–513, § 2, Aug. 30, 1964, 78 Stat. 695; Pub. L. 93–584, § 2, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 97–164, title I, § 130, Apr. 2, 1982, 96 Stat. 39; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 43 (Oct. 22, 1913, ch. 32, 38 Stat. 219). This section is completely rewritten to give effect to changes recommended by the Judicial Conference of the United States. Section 43 of title 28, U.S.C., 1940 ed., is as follows: ‘‘§ 43. Venue of suits relating to orders of Interstate Commerce Commission. ‘‘The venue of any suit brought to enforce, suspend, or set aside, in whole or in part, any order of the Inter- state Commerce Commission shall be in the judicial district wherein is the residence of the party or any of the parties upon whose petition the order was made, ex- cept that where the order does not relate to transpor- tation or is not made upon the petition of any party the venue shall be in the district where the matter complained of in the petition before the commission arises, and except that where the order does not relate either to transportation or to a matter so complained of before the commission the matter covered by the order shall be deemed to arise in the district where one of the petitioners in court has either its principal office or its principal operating office. In case such transpor- tation relates to a through shipment the term ‘destina- tion’ shall be construed as meaning final destination of such shipment.’’ The amendment of section 207 of title 28, U.S.C., 1940 ed., proposed by the Judicial Conference is: ‘‘Except as otherwise provided in the Act entitled ‘An Act to Regulate Commerce’, approved February 4, 1887, as amended, the venue of any suit brought to enforce, suspend, or set aside, in whole or in part, any order of the Interstate Commerce Commission shall be in the judicial district wherein is the residence of the party or any of the parties bringing the suit or wherein such party or any of such parties has its principal office.’’ The revised section substitutes the words ‘‘Except as otherwise provided by law’’ for the words of the con- ference bill, ‘‘in the act entitled ‘An Act to Regulate Commerce, approved February 4, 1887, as amended’ ’’. (See section 16 of title 49, U.S.C., 1940 ed., which pro- vides for jurisdiction and venue of actions to enforce Interstate Commerce Commission orders for the pay- ment of money.)