28 U.S.C. § 1491 — Claims against United States generally;

Page 407 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1491 1 See References in Text note below. 2 So in original. Probably should be ‘‘United’’. 1954—Act Sept. 3, 1954, ch. 1263, § 43, 68 Stat. 1241, in- serted ‘‘; actions involving Tennessee Valley Author- ity’’ in item 1491 and struck out item 1493 ‘‘Depart- mental reference cases’’. 1949—Act May 24, 1949, ch. 139, § 86, 63 Stat. 102, added item 1505. § 1491. Claims against United States generally; actions involving Tennessee Valley Authority (a)(1) The United States Court of Federal Claims shall have jurisdiction to render judg- ment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an execu- tive department, or upon any express or implied contract with the United States, or for liq- uidated or unliquidated damages in cases not sounding in tort. For the purpose of this para- graph, an express or implied contract with the Army and Air Force Exchange Service, Navy Ex- changes, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the Na- tional Aeronautics and Space Administration shall be considered an express or implied con- tract with the United States. (2) To provide an entire remedy and to com- plete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing res- toration to office or position, placement in ap- propriate duty or retirement status, and correc- tion of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdic- tion, the court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just. The Court of Fed- eral Claims shall have jurisdiction to render judgment upon any claim by or against, or dis- pute with, a contractor arising under section 7104(b)(1) of title 41, including a dispute con- cerning termination of a contract, rights in tan- gible or intangible property, compliance with cost accounting standards, and other nonmone- tary disputes on which a decision of the con- tracting officer has been issued under section 6 1 of that Act. (b)(1) Both the Unites 2 States Court of Federal Claims and the district courts of the United States shall have jurisdiction to render judg- ment on an action by an interested party object- ing to a solicitation by a Federal agency for bids or proposals for a proposed contract or to a pro- posed award or the award of a contract or any alleged violation of statute or regulation in con- nection with a procurement or a proposed pro- curement. Both the United States Court of Fed- eral Claims and the district courts of the United States shall have jurisdiction to entertain such an action without regard to whether suit is in- stituted before or after the contract is awarded. (2) To afford relief in such an action, the courts may award any relief that the court con- siders proper, including declaratory and injunc- tive relief except that any monetary relief shall be limited to bid preparation and proposal costs. (3) In exercising jurisdiction under this sub- section, the courts shall give due regard to the interests of national defense and national secu- rity and the need for expeditious resolution of the action. (4) In any action under this subsection, the courts shall review the agency’s decision pursu- ant to the standards set forth in section 706 of title 5. (5) If an interested party who is a member of the private sector commences an action de- scribed in paragraph (1) with respect to a public- private competition conducted under Office of Management and Budget Circular A–76 regard- ing the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to pri- vate sector performance without a competition under Office of Management and Budget Cir- cular A–76, then an interested party described in section 3551(2)(B) of title 31 shall be entitled to intervene in that action. (6) Jurisdiction over any action described in paragraph (1) arising out of a maritime con- tract, or a solicitation for a proposed maritime contract, shall be governed by this section and shall not be subject to the jurisdiction of the district courts of the United States under the Suits in Admiralty Act (chapter 309 of title 46) or the Public Vessels Act (chapter 311 of title 46). (c) Nothing herein shall be construed to give the United States Court of Federal Claims juris- diction of any civil action within the exclusive jurisdiction of the Court of International Trade, or of any action against, or founded on conduct of, the Tennessee Valley Authority, or to amend or modify the provisions of the Tennessee Valley Authority Act of 1933 with respect to actions by or against the Authority. (June 25, 1948, ch. 646, 62 Stat. 940; July 28, 1953, ch. 253, § 7, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 44(a), (b), 68 Stat. 1241; Pub. L. 91–350, § 1(b), July 23, 1970, 84 Stat. 449; Pub. L. 92–415, § 1, Aug. 29, 1972, 86 Stat. 652; Pub. L. 95–563, § 14(i), Nov. 1, 1978, 92 Stat. 2391; Pub. L. 96–417, title V, § 509, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 97–164, title I, § 133(a), Apr. 2, 1982, 96 Stat. 39; Pub. L. 102–572, title IX, §§ 902(a), 907(b)(1), Oct. 29, 1992, 106 Stat. 4516, 4519; Pub. L. 104–320, § 12(a), Oct. 19, 1996, 110 Stat. 3874; Pub. L. 110–161, div. D, title VII, § 739(c)(2), Dec. 26, 2007, 121 Stat. 2031; Pub. L. 110–181, div. A, title III, § 326(c), Jan. 28, 2008, 122 Stat. 63; Pub. L. 110–417, [div. A], title X, § 1061(d), Oct. 14, 2008, 122 Stat. 4613; Pub. L. 111–350, § 5(g)(7), Jan. 4, 2011, 124 Stat. 3848; Pub. L. 112–81, div. A, title VIII, § 861(a), Dec. 31, 2011, 125 Stat. 1521.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 250(1) (Mar. 3, 1911, ch. 231; § 145, 36 Stat. 1136). District courts are given concurrent jurisdiction of certain claims against the United States under section 1346 of this title. (See also reviser’s note under that sec- tion and section 1621 of this title relating to jurisdic- tion of the Tax Court.) The proviso in section 250(1) of title 28, U.S.C., 1940 ed., relating to claims growing out of the Civil War, commonly known as ‘‘war claims,’’ and other claims which had been reported adversely before March 3, 1887 by any court, department, or commission authorized to determine them, were omitted as obsolete. The exception in section 250(1) of title 28, U.S.C., 1940 ed., as to pension claims appears in section 1501 of this title. Page 408 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1491 Words ‘‘in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty, if the United States were suable’’ were omitted as unnecessary since the Court of Claims manifestly, under this section will determine whether a petition against the United States states a cause of action. In any event, the Court of Claims has no admiralty jurisdiction, but the Suits in Admiralty Act, sections 741–752 of title 46, U.S.C., 1940 ed., Shipping, vests exclusive jurisdiction over suits in admiralty against the United States in the district courts. Sanday & Co. v. U.S., 1932, 76 Ct.Cl. 370. For additional provisions respecting jurisdiction of the court of claims in war contract settlement cases see section 114b of Title 41, U.S.C., 1940 ed., Public Con- tracts. Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 6 of the Contract Disputes Act of 1978, re- ferred to in subsec. (a)(2), was classified to section 605 of former Title 41, Public Contracts, and was repealed and restated as subsecs. (a) to (c)(1) and (d) to (h) of section 7103 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. The Tennessee Valley Authority Act of 1933, referred to in subsec. (c), is act May 18, 1933, ch. 32, 48 Stat. 58, which is classified generally to chapter 12A (§ 831 et seq.) of Title 16, Conservation. For complete classifica- tion of this Act to the Code, see section 831 of Title 16 and Tables. AMENDMENTS 2011—Subsec. (a)(2). Pub. L. 111–350 substituted ‘‘sec- tion 7104(b)(1) of title 41’’ for ‘‘section 10(a)(1) of the Contract Disputes Act of 1978’’. Subsec. (b)(6). Pub. L. 112–81 added par. (6). 2008—Subsec. (b)(5). Pub. L. 110–417 struck out par. (5), as added by Pub. L. 110–161, which read as follows: ‘‘If a private sector interested party commences an action described in paragraph (1) in the case of a public-pri- vate competition conducted under Office of Manage- ment and Budget Circular A–76 regarding performance of an activity or function of a Federal agency, or a de- cision to convert a function performed by Federal em- ployees to private sector performance without a com- petition under Office of Management and Budget Cir- cular A–76, then an official or person described in sec- tion 3551(2)(B) of title 31 shall be entitled to intervene in that action.’’ Pub. L. 110–181 added par. (5). 2007—Subsec. (b)(5). Pub. L. 110–161 added par. (5). 1996—Subsec. (a)(3). Pub. L. 104–320, § 12(a)(2), struck out par. (3) which read as follows: ‘‘To afford complete relief on any contract claim brought before the con- tract is awarded, the court shall have exclusive juris- diction to grant declaratory judgments and such equi- table and extraordinary relief as it deems proper, in- cluding but not limited to injunctive relief. In exer- cising this jurisdiction, the court shall give due regard to the interests of national defense and national secu- rity.’’ Subsecs. (b), (c). Pub. L. 104–320, § 12(a)(1), (3), added subsec. (b) and redesignated former subsec. (b) as (c). 1992—Subsec. (a)(1). Pub. L. 102–572, § 902(a)(1), sub- stituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. Subsec. (a)(2). Pub. L. 102–572, § 907(b)(1), inserted be- fore period at end ‘‘, including a dispute concerning termination of a contract, rights in tangible or intan- gible property, compliance with cost accounting stand- ards, and other nonmonetary disputes on which a deci- sion of the contracting officer has been issued under section 6 of that Act’’. Pub. L. 102–572, § 902(a)(2), substituted ‘‘Court of Fed- eral Claims’’ for ‘‘Claims Court’’. Subsec. (b). Pub. L. 102–572, § 902(a)(1), substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Subsec. (a)(1). Pub. L. 97–164 designated first two sentences of existing first undesignated paragraph as subsec. (a)(1) and substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. Subsec. (a)(2). Pub. L. 97–164 designated third, fourth, and fifth sentences of existing first undesignated para- graph as par. (2) and substituted ‘‘The Claims Court’’ for ‘‘The Court of Claims’’ and ‘‘arising under section 10(a)(1) of the Contract Disputes Act of 1978’’ for ‘‘aris- ing under the Contract Disputes Act of 1978’’. Subsec. (a)(3). Pub. L. 97–164 added par. (3). Subsec. (b). Pub. L. 97–164 designated existing second undesignated paragraph as subsec. (b) and substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’, ‘‘conduct of, the Tennessee Valley Authority, or’’ for ‘‘actions of, the Tennessee Valley Authority, nor’’, ‘‘Tennessee Valley Authority Act of 1933’’ for ‘‘Ten- nessee Valley Authority Act of 1933, as amended,’’, and ‘‘actions by or against the Authority’’ for ‘‘suits by or against the Authority’’. 1980—Pub. L. 96–417 substituted ‘‘Court of Claims of any civil action within the exclusive jurisdiction of the Court of International Trade, or of any action’’ for ‘‘in suits’’ in second par. 1978—Pub. L. 95–563 provided that the Court of Claims would have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor aris- ing under the Contract Disputes Act of 1978. 1972—Pub. L. 92–415 inserted provisions authorizing the court to issue orders directing restoration to office or position, placement in appropriate duty or retire- ment status and correction of applicable records and to issue such orders to any United States official and to remand appropriate matters to administrative and ex- ecutive bodies with proper directions. 1970—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 Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Admin- istration. 1954—Act Sept. 3, 1954, inserted ‘‘; actions involving Tennessee Valley Authority’’ in section catchline and altered the form of first par. to spell out the general ju- risdiction of the Court in paragraph form rather than as clauses of the par. 1953—Act July 28, 1953, substituted ‘‘United States Court of Claims’’ for ‘‘Court of Claims’’ near beginning of section, and inserted last par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–81, div. A, title VIII, § 861(b), Dec. 31, 2011, 125 Stat. 1521, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to any cause of action filed on or after the first day of the first month beginning more than 30 days after the date of the enactment of this Act [Dec. 31, 2011].’’ EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title III, § 326(d), Jan. 28, 2008, 122 Stat. 63, provided that: ‘‘Subparagraph (B) of sec- tion 3551(2) of title 31, United States Code (as added by subsection (a)), and paragraph (5) of section 1491(b) of title 28, United States Code (as added by subsection (c)), shall apply to— ‘‘(1) a protest or civil action that challenges final selection of the source of performance of an activity or function of a Federal agency that is made pursu- ant to a study initiated under Office of Management and Budget Circular A–76 on or after January 1, 2004; and ‘‘(2) any other protest or civil action that relates to a public-private competition initiated under Office of Management and Budget Circular A–76, or to a deci- sion to convert a function performed by Federal em- ployees to private sector performance without a com- Page 409 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1491 petition under Office of Management and Budget Cir- cular A–76, on or after the date of the enactment of this Act [Jan. 28, 2008].’’ EFFECTIVE DATE OF 2007 AMENDMENT Paragraph (5) of subsec. (b) of this section applicable to protests and civil actions that challenge final selec- tions of sources of performance of an activity or func- tion of a Federal agency that are made pursuant to studies initiated under Office of Management and Budget Circular A–76 on or after Jan. 1, 2004; and to any other protests and civil actions that relate to public- private competitions initiated under Office of Manage- ment and Budget Circular A–76, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, on or after Dec. 26, 2007, see section 739(c)(3) of Pub. L. 110–161, set out as a note under section 501 of Title 31, Money and Finance. Amendment by Pub. L. 110–161 applicable with re- spect to fiscal year 2008 and each succeeding fiscal year, see section 739(e) of Pub. L. 110–161, set out as a note under section 501 of Title 31, Money and Finance. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–320, § 12(b), Oct. 19, 1996, 110 Stat. 3875, pro- vided that: ‘‘This section [amending this section and section 3556 of Title 31, Money and Finance, and enact- ing provisions set out as notes under this section and section 3556 of Title 31] and the amendments made by this section shall take effect on December 31, 1996 and shall apply to all actions filed on or after that date.’’ EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 902(a) of Pub. L. 102–572 effec- tive Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. Pub. L. 102–572, title IX, § 907(b)(2), Oct. 29, 1992, 106 Stat. 4519, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall be effective with respect to all actions filed before, on, or after the date of the enactment of this Act [Oct. 29, 1992], except for those actions which, before such date of enactment, have been the subject of— ‘‘(A) a final judgment of the United States Claims Court, if the time for appeal of that judgment has ex- pired without an appeal having been filed, or ‘‘(B) a final judgment of the Court of Appeals for the Federal Circuit.’’ EFFECTIVE DATE OF 1982 AMENDMENT 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 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 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 officer 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 1972 AMENDMENT Pub. L. 92–415, § 2, Aug. 29, 1972, 86 Stat. 652, provided that: ‘‘This Act [amending this section] shall be appli- cable to all judicial proceedings pending on or insti- tuted after the date of its enactment [Aug. 29, 1972].’’ EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–350 applicable to claims and civil actions dismissed before or pending on July 23, 1970, if the claim or civil action was based upon a transaction, omission, or breach that occurred not more than six years prior to July 23, 1970, notwith- standing a determination or judgment made prior to July 23, 1970, that the United States district courts or the United States Court of Claims did not have juris- diction to entertain a suit on an express or implied con- tract with a nonappropriated fund instrumentality of the United States, see section 2 of Pub. L. 91–350, set out as a note under section 1346 of this title. SAVINGS PROVISION Pub. L. 104–320, § 12(e), Oct. 19, 1996, 110 Stat. 3875, pro- vided that: ‘‘(1) ORDERS.—A termination under subsection (d) [set out below] shall not terminate the effectiveness of or- ders that have been issued by a court in connection with an action within the jurisdiction of that court on or before December 31, 2000. Such orders shall continue in effect according to their terms until modified, termi- nated, superseded, set aside, or revoked by a court of competent jurisdiction or by operation of law. ‘‘(2) PROCEEDINGS AND APPLICATIONS.—(A) a termi- nation under subsection (d) shall not affect the juris- diction of a court of the United States to continue with any proceeding that is pending before the court on De- cember 31, 2000. ‘‘(B) Orders may be issued in any such proceeding, ap- peals may be taken therefrom, and payments may be made pursuant to such orders, as if such termination had not occurred. An order issued in any such pro- ceeding shall continue in effect until modified, termi- nated, superseded, set aside, or revoked by a court of competent jurisdiction or by operation of law. ‘‘(C) Nothing in this paragraph prohibits the dis- continuance or modification of any such proceeding under the same terms and conditions and to the same extent that proceeding could have been discontinued or modified absent such termination.’’ SUNSET PROVISION Pub. L. 104–320, § 12(d), Oct. 19, 1996, 110 Stat. 3875, pro- vided that: ‘‘The jurisdiction of the district courts of the United States over the actions described in section 1491(b)(1) of title 28, United States Code (as amended by subsection (a) of this section) shall terminate on Janu- ary 1, 2001 unless extended by Congress. The savings provisions in subsection (e) [set out above] shall apply if the bid protest jurisdiction of the district courts of the United States terminates under this subsection.’’ 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. STUDY ON CONCURRENT JURISDICTION Pub. L. 104–320, § 12(c), Oct. 19, 1996, 110 Stat. 3875, re- quired that, no earlier than 2 years after Dec. 31, 1996, the General Accounting Office was to undertake a study regarding the concurrent jurisdiction of the dis- trict courts of the United States and the Court of Fed- eral Claims over bid protests to determine whether con- current jurisdiction was necessary, which study was to be completed no later than Dec. 31, 1999, and was to spe- cifically consider the effect of any proposed change on the ability of small businesses to challenge violations of Federal procurement law. Page 410 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1492 1 So in original. Probably should be ‘‘thereon,’’. § 1492. Congressional reference cases Any bill, except a bill for a pension, may be re- ferred by either House of Congress to the chief judge of the United States Court of Federal Claims for a report in conformity with section 2509 of this title. (June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 89–681, § 1, Oct. 15, 1966, 80 Stat. 958; Pub. L. 97–164, title I, § 133(b), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 257 (Mar. 3, 1911, ch. 231, § 151, 36 Stat. 1138). This section contains only the jurisdictional provi- sion of section 257 of title 28, U.S.C., 1940 ed. The proce- dural provisions are incorporated in section 2509 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘chief judge of the United States Claims Court’’ for ‘‘chief commissioner of the Court of Claims’’. 1966—Pub. L. 89–681 substituted provisions allowing any bill, except a bill for a pension, to be referred by either House of Congress to the chief commissioner of the Court of Claims for a report in conformity with sec- tion 2509 of this title for provisions giving the Court of Claims jurisdiction to report to either House of Con- gress on any bill referred by such House, except a bill for a pension, and to render judgment if the claim against the United States represented by the referred bill was one over which the court had jurisdiction under other Acts of Congress. Statutory Notes and Related Subsidiaries 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. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. [§ 1493. Repealed. July 28, 1953, ch. 253, § 8, 67 Stat. 226] Section, act June 25, 1948, ch. 646, 62 Stat. 941, author- ized Court of Claims to give legal advice to heads of ex- ecutive departments in matters referred to it by the heads, if Court had jurisdiction over the matters. § 1494. Accounts of officers, agents or contractors The United States Court of Federal Claims shall have jurisdiction to determine the amount, if any, due to or from the United States by rea- son of any unsettled account of any officer or agent of, or contractor with, the United States, or a guarantor, surety or personal representa- tive of any such officer, agent or contractor, and to render judgment thereof,1 where— (1) claimant or the person he represents has applied to the proper department of the Gov- ernment for settlement of the account; (2) three years have elapsed from the date of such application without settlement; and (3) no suit upon the same has been brought by the United States. (June 25, 1948, ch. 646, 62 Stat. 941; July 28, 1953, ch. 253, § 9, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 44(c), 68 Stat. 1242; Pub. L. 97–164, title I, § 133(c)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 287 (Mar. 3, 1911, ch. 231, § 180, 36 Stat. 1141; Feb. 13, 1925, ch. 229, § 3, 43 Stat. 939). Only the jurisdictional provisions of section 287 of title 28, U.S.C., 1940 ed., are contained in this section. The procedural provisions are incorporated in section 2511 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. 1954—Act Sept. 3, 1954, struck out ‘‘United States’’ from name of Court of Claims. 1953—Act July 28, 1953, substituted ‘‘United States Court of Claims’’ for ‘‘Court of Claims’’, inserted ‘‘to or from’’ after ‘‘due’’, and inserted ‘‘and to render judg- ment thereon,’’. Statutory Notes and Related Subsidiaries 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. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 1495. Damages for unjust conviction and im- prisonment; claim against United States The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for damages by any person unjustly convicted of an offense against the United States and imprisoned. (June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 97–164, title I, § 133(c)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on section 729 of title 18, U.S.C., 1940 ed., Crimes and Criminal Procedure (May 24, 1938, ch. 266, §§ 1–4, 52 Stat. 438). Only the jurisdictional provision of section 729 of title 18, U.S.C., 1940 ed., appears in this section. The re- mainder is incorporated in section 2513 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’.