28 U.S.C. § 1366 — Construction of references to laws of the

Page 383 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1368 Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–292 substituted ‘‘execu- tive branch of the Federal Government acting within his or her official capacity, except that this section shall apply if the refusal to comply is based on the as- sertion of a personal privilege or objection and is not based on a governmental privilege or objection the as- sertion of which has been authorized by the executive branch of the Federal Government’’ for ‘‘Federal Gov- ernment acting within his official capacity’’. 1984—Subsec. (c). Pub. L. 98–620 struck out subsec. (c) which provided that in any civil action or contempt proceeding brought pursuant to this section, the court had to assign the action or proceeding for hearing at the earliest practicable date and cause the action or proceeding in every way to be expedited, and that any appeal or petition for review from any order or judg- ment in such action or proceeding had to be expedited in the same manner. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of this title. EFFECTIVE DATE Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of Title 2, The Congress. § 1366. Construction of references to laws of the United States or Acts of Congress For the purposes of this chapter, references to laws of the United States or Acts of Congress do not include laws applicable exclusively to the District of Columbia. (Added Pub. L. 91–358, title I, § 172(c)(1), July 29, 1970, 84 Stat. 590, § 1363; renumbered § 1364, Pub. L. 95–572, § 6(b)(1), Nov. 2, 1978, 92 Stat. 2456; re- numbered § 1366, Pub. L. 99–336, § 6(a)(1)(C), June 19, 1986, 100 Stat. 639.) § 1367. Supplemental jurisdiction (a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitu- tion. Such supplemental jurisdiction shall in- clude claims that involve the joinder or inter- vention of additional parties. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plain- tiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332. (c) The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if— (1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the dis- trict court has original jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining juris- diction. (d) The period of limitations for any claim as- serted under subsection (a), and for any other claim in the same action that is voluntarily dis- missed at the same time as or after the dis- missal of the claim under subsection (a), shall be tolled while the claim is pending and for a pe- riod of 30 days after it is dismissed unless State law provides for a longer tolling period. (e) As used in this section, the term ‘‘State’’ includes the District of Columbia, the Common- wealth of Puerto Rico, and any territory or pos- session of the United States. (Added Pub. L. 101–650, title III, § 310(a), Dec. 1, 1990, 104 Stat. 5113.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–650, title III, § 310(c), Dec. 1, 1990, 104 Stat. 5114, provided that: ‘‘The amendments made by this section [enacting this section] shall apply to civil ac- tions commenced on or after the date of the enactment of this Act [Dec. 1, 1990].’’ § 1368. Counterclaims in unfair practices in international trade. The district courts shall have original juris- diction of any civil action based on a counter- claim raised pursuant to section 337(c) of the Tariff Act of 1930, to the extent that it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim in the proceeding under section 337(a) of that Act. (Added Pub. L. 103–465, title III, § 321(b)(3)(A), Dec. 8, 1994, 108 Stat. 4946.) Editorial Notes REFERENCES IN TEXT Section 337 of the Tariff Act of 1930, referred to in text, is classified to section 1337 of Title 19, Customs Duties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to complaints filed under section 1337 of Title 19, Customs Duties, on or after the date on which the World Trade Organization Agreement enters into force with respect to the United States [Jan. 1, 1995], or in cases under section 1337 of