This section shall not deprive any defendant upon whom process is served after removal of his right to move to remand the case. (June 25, 1948, ch. 646, 62 Stat. 940.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 83 (Apr. 16, 1920, ch. 146, 41 Stat. 554).

Words "district court of the United States" were substituted for "United States Court," because only the district courts now possess jurisdiction over removed civil and criminal cases.

Changes were made in phraseology.

CROSS REFERENCES

Power of district court to bring before it proper parties, whether or not served with State court process, see section 1447 (a) of this title.

FEDERAL RULES OF CIVIL PROCEDURE Application of Rules, see rule 81, Appendix to this title.

§ 1449. State court record supplied.

Where a party is entitled to copies of the records and proceedings in any suit or prosecution in a State court, to be used in any district court of the United States, and the clerk of such State court, upon demand, and the payment or tender of the legal fees, fails to deliver certified copies, the district court may, on affidavit reciting such facts, direct such record to be supplied by affidavit or otherwise. Thereupon such proceedings, trial, and judgment may be had in such district court, and all such process awarded, as if certified copies had been filed in the district court. (June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, § 85, 63 Stat. 102.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 78 (Mar. 3, 1911, ch. 231, § 35, 36 Stat. 1098). Changes were made in phraseology.

AMENDMENTS

1949-Act May 24, 1949, substituted "and the clerk of such State court, upon" for "any attachment or sequestration of the"

PRIOR LAW

Section 82 of Title 28, U. S. C., 1940 ed., Mar. 3, 1911, ch. 231, § 39, 36 Stat. 1099, derived from Mar. 3, 1875, ch. 137, § 7, 18 Stat. 472, was repealed and omitted as unnecessary in view of this section. That section provided a penalty when the State court clerk refused to give a copy of the record, and authorized the district court to issue a writ of certiorari to the State court commanding a return of the record. It also provided for pleading de novo in the district court when copies of the State record could not be cbtained.

CROSS REFERENCES

Writs of certiorari to State courts, see section 1447 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Continuation of former sections 78 and 82, see note by Advisory Committee under rule 81, Appendix to this title. § 1450. Attachment or sequestration; securities.

Whenever any action is removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant in such action in the State court shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the State court.

All bonds, undertakings, or security given by either

1505. 1506.

Indian claims.

Transfer to cure defect of jurisdiction.
AMENDMENTS

1960-Pub. L. 86–770, § 2(b), Sept. 13, 1960, 74 Stat. 912, added item 1506.

Pub. L. 86-726, § 4, Sept. 8, 1960, 74 Stat. 856, substituted "Patent and copyright cases" for "Patent cases", in item 1498.

1954 Act Sept. 3, 1954, ch. 1263, § 43, 68 Stat. 1241, added"; actions involving Tennessee Valley Authority" to item 1491, and struck out item 1493.

1949-Act May 24, 1949, ch. 139, § 86, 63 Stat. 102, inserted item 1505.

CROSS REFERENCES

District courts, concurrent jurisdiction of actions or claims not exceeding $10,000, see section 1346 of this title.

Methods of review of cases by Supreme Court, see section 1255 of this title.

Organization of Court of Claims, see chapter 7 of this

title.

Procedure in Court of Claims, see chapter 165 of this

title.

RULES OF THE UNITED STATES COURT OF CLAIMS See Appendix to this title.

§ 1491. Claims against United States generally; actions involving Tennessee Valley Authority.

The Court of Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort. For the purpose of this paragraph, an express or implied contract 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 Administration shall be considered an express or implied contract with the United States.

Nothing herein shall be construed to give the Court of Claims jurisdiction in suits against, or founded on actions of, the Tennessee Valley Authority, nor to amend or modify the provisions of the Tennessee Valley Authority Act of 1933, as amended, with respect to suits 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; July 23, 1970, Pub. L. 91-350, § 1(b), 84 Stat. 449.)

LEGISLATIVE HISTORY

Reviser's Note.-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 section and section 1621 of this title relating to jurisdiction 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.

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 Contracts. Changes were made in phraseology.

REFERENCES IN TEXT

The Tennessee Valley Authority Act of 1933, as amended, referred to in last paragraph, is classified to chapter 12A of Title 16, Conservation.

AMENDMENTS

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 Administration.

1954 Act. Sept. 3, 1954, added "; actions involving Tennessee Valley Authority" to the catchline and altered the form of the first par. to spell out the general jurisdic

tion 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 added last par.

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, notwithstanding 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 jurisdiction to entertain a suit on an express or implied contract 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.

CROSS REFERENCES

Admiralty suits against United States, jurisdiction of district courts, see sections 741 et seq. and 781 et seq. of Title 46, Shipping.

Costs, where United States is party, see section 2412 of this title.

District courts, concurrent jurisdiction of actions or claims not exceeding $10,000, see section 1346 of this title. Limitation of actions, see section 2501 of this title. Procedure in Court of Claims, see chapter 165 of this

title.

Railroads, government-aided, action to recover freight withheld, see section 87 of Title 45, Railroads.

Tax Court jurisdiction, see section 7441 et seq. of Title 26, Internal Revenue Code.

Tennessee Valley Authority, use of patents by, see section 831r of Title 16, Conservation.

Tort claims against United States, appellate jurisdiction of Court of Claims, see section 1504 of this title.

War contracts, jurisdiction and procedure to enforce termination claim, see sections 113, 114 of Title 41, Public Contracts.

RULES OF THE UNITED STATES COURT OF CLAIMS See Appendix to this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 79c.

§ 1492. Congressional reference cases.

Any bill, except a bill for a pension, may be referred by either House of Congress to the chief commissioner of the Court of Claims for a report in conformity with section 2509 of this title. (June 25, 1948, ch. 646, 62 Stat. 941; Oct. 15, 1966, Pub. L. 89– 681, § 1, 80 Stat. 958.)

LEGISLATIVE HISTORY

Reviser's Note.-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 provision of section 257 of title 28, U. S. C., 1940 ed. The procedural provisions are incorporated in section 2509 of this title.

Changes were made in phraseology.

AMENDMENTS

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 section 2509 of this title for provisions giving the Court of Claims jurisdiction to report to either House of Congress 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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2509 of this title.

§ 1493. Repealed. July 28, 1953, ch. 253, § 8, 67 Stat. 226.

Section, act June 25, 1948, ch. 646, 62 Stat. 941, authorized the Court of Claims to give legal advice to the heads of executive departments in matters referred to it by the heads, if the Court had jurisdiction over the matters.

§ 1494. Accounts of officers, agents or contractors.

The Court of Claims shall have jurisdiction to determine the amount, if any, due to or from the United States by reason of any unsettled account of any officer or agent of, or contractor with, the United States, or a guarantor, surety or personal representative of any such officer, agent or contractor, and to render judgment thereon, where

(1) claimant or the person he represents has applied to the proper department of the Government 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.)

officer of the United States or by his administrator or executor for relief from responsibility for loss, in line of duty, of Government funds, vouchers, records or other papers in his charge. (June 25, 1948, ch. 646, 62 Stat. 941.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 250 (3) (Mar. 3, 1911, ch. 231, § 145, 36 Stat. 1136; June 10, 1921, ch. 18, § 304, 42 Stat. 24).

Words "paymaster, quartermaster, commissary of subsistence, or other," preceding "disbursing officer of the United States," were omitted. See Henderson v. United States, 1907, 42 Ct. Cl. 449 and Hobbs v. United States, 1881, 17 Ct. Cl. 189, holding that the term "other disbursing officer" extends to any disbursing officer of the executive departments of the Government.

Words "by capture or otherwise" were omitted as surplusage.

Words "and for which such officer was and is held responsible," at the end of section 250 (3) of title 28, U. S. C., 1940 ed., were omitted as surplusage. Changes were made in phraseology.

CROSS REFERENCES

Allowance of credit in settlement of disbursing officers' accounts, see section 2512 of this title.

§ 1497. Oyster growers, damages from dredging operations.

The Court of Claims shall have jurisdiction to render judgment upon any claim for damages to oyster growers on private or leased lands or bottoms arising from dredging operations or use of other machinery and equipment in making river and harbor improvements authorized by Act of Congress. (June 25, 1948, ch. 646, 62 Stat. 941.)

LEGISLATIVE HISTORY

Resiser's Note.-Based on title 28, U. S. C., 1940 ed., § 250a (Aug. 30, 1935, ch. 831, § 13, 49 Stat. 1049; July 13, 1943, ch. 231, 57 Stat. 553).

The proviso at the end of section 250a of title 28, U. S. C., 1940 ed., is incorporated in section 2501 of this title.

Words "river and harbor improvements" were substituted for "such improvements", in view of Dixon v. U. S., 103 Ct. Cl. 160, holding that words, "such improvements" were not limited to the specific improvements listed in the 1935 act, but applied to any river and harbor improvements.

Changes were made in phraseology.

CROSS REFERENCES

Time for filing petition by oyster growers, see section 2501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2501 of this title. § 1498. Patent and copyright cases.

(a) Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner's remedy shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture. For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States.

The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in the possession of the United States prior to July 1, 1918.

A Government employee shall have the right to bring suit against the Government under this section except where he was in a position to order, influence, or induce use of the invention by the Government. This section shall not confer a right of action on any patentee or any assignee of such patentee with respect to any invention discovered or invented by a person while in the employment or service of the United States, where the invention was related to the official functions of the employee, in cases in which such functions included research and development, or in the making of which Government time, materials or facilities were used.

(b) Hereafter, whenever the copyright in any work protected under the copyright laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization or consent of the Government, the exclusive remedy of the owner of such copyright shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation as damages for such infringement, including the minimum statutory damages as set forth in section 101(b) of title 17, United States Code: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the copyrighted work by the Government: Provided, however, That this subsection shall not confer a right of action on any copyright owner or any assignee of such owner with respect to any copyrighted work prepared by a person while in the employment or service of the United States, where the copyrighted work was prepared as a part of the official functions of the employee, or in the preparation of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted the appropriate corporation owned or controlled by the United States or the head of the appropriate department or agency of the Government, as the case may be, is authorized to enter into an agreement with the copyright owner in full settlement and compromise for the damages accruing to him by reason of such infringement and to settle the claim administratively out of available appropriations.

Except as otherwise provided by law, no recovery shall be had for any infringement of a copyright covered by this subsection committed more than three years prior to the filing of the complaint or counterclaim for infringement in the action, except that the period between the date of receipt of a written claim for compensation by the Department or agency of the Government or corporation owned or controlled by the United States, as the case may be, having authority to settle such claim and the 47-500 0-71-vol. 7-14

date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the three years, unless suit is brought before the last-mentioned date.

(c) The provisions of this section shall not apply to any claim arising in a foreign country.

(d) Hereafter, whenever a plant variety protected by a certificate of plant variety protection under the laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization and consent of the Government, the exclusive remedy of the owner of such certificate shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation as damages for such infringement: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the protected plant variety by the Government: Provided, however, That this subsection shall not confer a right of action on any certificate owner or any assignee of such owner with respect to any protected plant variety made by a person while in the employment or service of the United States, where such variety was prepared as a part of the official functions of the employee, or in the preparation of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted, the appropriate corporation owned or controlled by the United States or the head of the appropriate agency of the Government, as the case may be, is authorized to enter into an agreement with the certificate owner in full settlement and compromise, for the damages accrued to him by reason of such infringement and to settle the claim administratively out of available appropriations. (June 25, 1948, ch. 646, 62 Stat. 941; May 24, 1949, ch. 139, § 87, 63 Stat. 102; Oct. 31, 1951, ch. 655, § 50 (c), 65 Stat. 727; July 17, 1952, ch. 930, 66 Stat. 757; Sept. 8, 1960, Pub. L. 86–726, §§ 1, 4, 74 Stat. 855, 856; Dec. 24, 1970, Pub. L. 91-577, title III, § 143 (d), 84 Stat. 1559.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 68 of title 35, U. S. C., 1940 ed., Patents (June 25, 1910, ch. 423, 36 Stat. 851; July 1, 1918, ch. 114, 40 Stat. 705).

Provisions contained in the second proviso of section 68 of title 35, U. S. C., 1940 ed., relating to right of the United States to any general or special defense available to defendants in patent infringement suits were omitted as unnecessary. In the absence of statutory restriction, any defense available to a private party is equally available to the United States.

Changes in phraseology were made.

REFERENCES IN TEXT

The "hereafter" set out at the beginning of subsec. (d) probably means after Dec. 24, 1970, the date of enactment of Pub. L. 91-577 which added subsec. (d).

AMENDMENTS

1970 Subsec. (d). Pub. L. 91-577 added subsec. (d). 1960-Pub. L. 86-726, § 4, substituted "Patent and copyright cases" for "Patent cases", in the catchline.

Pub. L. 86-726, § 1, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

1952-Act July 17, 1952, allowed Government employees to maintain patent suits against the United States in certain instances.

1951-Act Oct. 31, 1951, inserted what is now the second par.

1949-Act May 29, 1949, conformed first par. of section to the original law.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-577 effective Dec. 24, 1970, see section 141 of Pub. L. 91-577, set out as a note under section 2321 of Title 7, Agriculture.

WAIVER OF IMMUNITY FOR MEMBERS OF CONGRESS Section 2 of Pub. L. 86-726 provided that: "Nothing in this Act [amending this section and section 2386 of Title 10, Armed Forces] shall be construed to in any way waive any immunity provided for Members of Congress under article I of section 6 of the Constitution of the United States."

CROSS REFERENCES

Actions for unauthorized use of patents or disclosure of information, see section 2356 of Title 22, Foreign Relations and Intercourse.

Government interests in patents, see section 267 of Title 35, Patents.

Use of patents by Tennessee Valley Authority, see section 831r of Title 16, Conservation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 2356; title 35 section 183.

§ 1499. Liquidated damages withheld from contractors under Contract Work Hours Standards Act.

The Court of Claims shall have jurisdiction to render judgment upon any claim for liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hours Standards Act. (June 25, 1948, ch. 646, 62 Stat. 942; Aug. 13, 1962, Pub. L. 87-581, title II, § 202(a), 76 Stat. 360.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 324 of title 40, U. S. C., 1940 ed., Public Buildings, Property and Works (June 19, 1912, ch. 174, § 1, 37 Stat. 137).

This section contains only the jurisdictional provision in the last clause of section 324 of title 40, U. S. C., 1940 ed. Changes in phraseology were made.

REFERENCES IN TEXT

Section 104 of the Contract Work Hours Standards Act, referred to in the text, is classified to section 330 of Title 40, Public Buildings, Property, and Works.

AMENDMENTS

1962-Pub. L. 87-581 substituted "Liquidated damages withheld from contractors under Contract Work Hours Standards Act" for "Penalties imposed against contractors under eight hour law" in the section catchline, and "liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hour Standards Act" for "a penalty withheld from a contractor or subcontractor under section 324 of Title 40", in the text.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-581 effective 60 days after Aug. 13, 1962, but shall not affect contracts existing or thereafter entered into pursuant to invitations for bids outstanding on Aug. 13, 1962, see section 204 of Pub. L. 87-581, set out as a note under section 327 of Title 40, Public Buildings, Property and Works. CONTINUED JURISDICTION UPON CLAIMS UNDER SECTION 324 OF TITLE 40

Section 202(b) of Pub. L. 87-581 provided that: "The Court of Claims shall continue to have jurisdiction to render judgment upon any claim for a penalty withheld from a contractor or subcontractor under section 324 of title 40, United States Code [repealed], in connection with any contract subject to said section existing on the effective date of this Act [see note set out under section

327 of Title 40, Public Buildings, Property and Works], or thereafter entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act [Aug. 13, 1962]."

CROSS REFERENCES

Time for filing claim, see section 330 of Title 40, Public Buildings, Property, and Works.

§ 1500. Pendency of claims in other courts.

The Court of Claims shall not have jurisdiction of any claim for or in respect to which the plaintiff or his assignee has pending in any other court any suit or process against the United States or any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, directly or indirectly under the authority of the United States. (June 25, 1948, ch. 646, 62 Stat. 942.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 260 (Mar. 3, 1911, ch. 231, § 154, 36 Stat. 1138). Words "or in the Supreme Court on appeal therefrom" were omitted as unnecessary.

Changes were made in phraseology.

§ 1501. Pensions.

The Court of Claims shall not have jurisdiction of any claim for a pension. (June 25, 1948, ch. 646, 62 Stat. 942.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 250 (1) (Mar. 3, 1911, ch. 231, § 145, 36 Stat. 1136). Section constitutes the exception in section 250 (1) of title 28, U. S. C., 1940 ed.

Changes were made in phraseology.

§ 1502. Treaty cases.

Except as otherwise provided by Act of Congress, the Court of Claims shall not have jurisdiction of any claim against the United States growing out of or dependent upon any treaty entered into with foreign nations. (June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, § 88, 63 Stat. 102.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 259 (Mar. 3, 1911, ch. 231, § 153, 36 Stat. 1138). Phrase "Except as otherwise provided by enactment of Congress" was inserted to cover cases where special Acts confer jurisdiction. (See Sioux Tribe of Indians v. United States, 1943, 97 Ct. Cl. 613, certiorari denied 63 S. Ct. 992, 318 U. S. 789, 87 L. Ed. 1155, and In re United States, 1873, 17 Wall. 439, 443, 21 L. Ed. 696.)

Words "not pending therein on December 1, 1862," were omitted as obsolete.

Changes in phraseology were made.