42 which he had knowledge were about to occur and power to prevent; (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; (4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote. (b) For purposes of this section— (1) the District of Columbia shall be considered to be a State; and (2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (June 25, 1948, ch. 646, 62 Stat. 932; Sept. 3, 1954, ch. 1263, § 42, 68 Stat. 1241; Sept. 9, 1957, Pub. L. 85-315, part III, § 121, 71 Stat. 637; Dec. 29, 1979, Pub. L. 96-170, § 2, 93 Stat. 1284.) HISTORICAL and Revision NOTES Based on title 28, U.S.C., 1940 ed., § 41(12), (13), and (14) (Mar. 3, 1911, ch. 231, § 24, pars. 12, 13, 14, 36 Stat. 1092). Words "civil action" were substituted for "suits," "suits at law or in equity" in view of Rule 2 of the Federal Rules of Civil Procedure. Numerous changes were made in arrangement and phraseology. AMENDMENTS 1979 Subsec. (a). Pub. L. 96-170, § 2(1), designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 96-170, § 2(2), added subsec. (b). 1957-Pub. L. 85-315 inserted "and elective franchise" in the catchline and added par. (4). 1954-Act Sept. 3, 1954, substituted "section 1985 of Title 42" for "section 47 of Title 8" wherever appearing. EFFECTIVE Date of 1979 AMENDMENT Section 3 of Pub. L. 96-170 provided that: "The amendments made by this Act [amending this section and section 1983 of Title 42, The Public Health and Welfare] shall apply with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after the date of the enactment of this Act [Dec. 29, 1979]." CROSS REFERENCES Generally, see section 1981 et seq. of Title 42, The Public Health and Welfare. Amount in controversy immaterial in action under this section, see Historical and Revision Notes under section 1331 of this title. Civil action for deprivation of civil rights, see section 1983 of Title 42, The Public Health and Welfare. Civil action or injunction for deprivation of voting rights, see section 1971 of Title 42. Conspiracy against rights of citizens constituting federal crime, see section 241 of Title 18, Crimes and Criminal Procedure. Conspiracy to interfere with civil rights, see section 1985 of Title 42, The Public Health and Welfare. Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under section 1332 of this title. § 1344. Election disputes The district courts shall have original jurisdiction of any civil action to recover possession of any office, except that of elector of President or Vice President, United States Senator, Representative in or delegate to Congress, or member of a state legislature, authorized by law to be commenced, where in it appears that the sole question touching the title to office arises out of denial of the right to vote, to any citizen offering to vote, on account of race, color or previous condition of servitude. The jurisdiction under this section shall extend only so far as to determine the rights of the parties to office by reason of the denial of the right, guaranteed by the Constitution of the United States and secured by any law, to enforce the right of citizens of the United States to vote in all the States. (June 25, 1948, ch. 646, 62 Stat. 932.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(15) (Mar. 3, 1911, ch. 231, § 24, par. 15, 36 Stat. 1092). Words "civil action" were substituted for "suits," in view of Rule 2 of the Federal Rules of Civil Procedure. Words "United States Senator" were added, as no reason appears for including Representatives and excluding Senators. Moreover, the Seventeenth amendment, providing for the popular election of Senators, was adopted after the passage of the 1911 law on which this section is based. Changes were made in phraseology. CROSS REFERENCES Amount in controversy immaterial in action under this section, see Historical and Revision Notes under section 1331 of this title. Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under section 1332 of this title. Jurisdiction of action for damages for injuries in voting, see section 1357 of this title. § 1345. United States as plaintiff Except as otherwise provided by Act of Congress, the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States, or by any agency or officer thereof expressly authorized to sue by Act of Congress. (June 25, 1948, ch. 646, 62 Stat. 933.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143). Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1342, 1354, and 1359 of this title. Words "civil actions, suits or proceedings" were substituted for "suits of a civil nature, at common law or in equity" in view of Rules 2 and 81(a)(7) of the Federal Rules of Civil Procedure. Word "agency" was inserted in order that this section shall apply to actions by agencies of the Government and to conform with special acts authorizing such actions. (See definitive section 451 of this title.) The phrase "Except as otherwise provided by Act of Congress," at the beginning of the section was inserted to make clear that jurisdiction exists generally in Generally, see section 2401 et seq. of this title. Interstate Commerce Commission orders, see section 2322 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 1452. #1346. United States as defendant (a) The district courts shall have original jurisdiction, concurrent with the United States Claims Court, of: (1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws; (2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, 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, except that the district courts shall not have jurisdiction of any civil action or claim against the United sitates founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections #D) and 10(a)(1) of the Contract Disputes Act of 1978 For the purpose of this parascaply an express or implied contract with dhe Army and Air Force Exchange Service, Navy Bachanges, Marine Corps Exchanges, Forget cruand Exchanges, or Exchange Counvo, ut the National Aeronautics and Space Akumatration shall be considered an express puplivat samfract with the United States. akcheppu the provisions of chapter 171 of The vile the statutet courts, together with the Font ayane Patriot Court for the District of Pysual mate wind the District Court of the Login to aude avall have exclusive jurisdiction Dy voit au* 1 plain Against the United TAY AH HUMet damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. (c) The jurisdiction conferred by this section includes jurisdiction of any set-off, counterclaim, or other claim or demand whatever on the part of the United States against any plaintiff commencing an action under this section. (d) The district courts shall not have jurisdiction under this section of any civil action or claim for a pension. (e) The district courts shall have original jurisdiction of any civil action against the United States provided in section 6226, 6228(a), 7426, or 7428 (in the case of the United States district court for the District of Columbia) or section 7429 of the Internal Revenue Code of 1954. (f) The district courts shall have exclusive original jurisdiction of civil actions under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States. (June 25, 1948, ch. 646, 62 Stat. 933; Apr. 25, 1949, ch. 92, § 2(a), 63 Stat. 62; May 24, 1949, ch. 139, § 80(a), (b), 63 Stat. 101; Oct. 31, 1951, ch. 655, § 50(b), 65 Stat. 727; July 30, 1954, ch. 648, § 1, 68 Stat. 589; July 7, 1958, Pub. L. 85-508, § 12(e), 72 Stat. 348; Aug. 30, 1964, Pub. L. 88-519, 78 Stat. 699; Nov. 2, 1966, Pub. L. 89-719, title II, § 202(a), 80 Stat. 1148; July 23, 1970, Pub. L. 91-350, § 1(a), 84 Stat. 449; Oct. 25, 1972, Pub. L. 92-562, § 1, 86 Stat. 1176; Oct. 4, 1976, Pub. L. 94-455, title XII, § 1204(c)(1), title XIII, § 1306(b)(7), 90 Stat. 1697, 1719; Nov. 1, 1978, Pub. L. 95-563, § 14(a), 92 Stat. 2389; Apr. 2, 1982, Pub. L. 97-164, title I, § 129, 96 Stat. 39; Sept. 3, 1982, Pub. L. 97-248, title IV, § 402(c)(17), 96 Stat. 669.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(20), 931(a), 932 (Mar. 3, 1911, ch. 231, § 24, par. 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136, § 1310(c), 42 Stat. 311; June 2, 1924, ch. 234, § 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb. 26, 1926, ch. 27, §§ 1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946, ch. 753, §§ 410(a), 411, 60 Stat. 843). Section consolidates provisions of section 41(20) conferring jurisdiction upon the district court, in civil actions against the United States, with the first sentence of section 931(a) relating to jurisdiction of the district courts in tort claims cases, and those provisions of section 932 making the provisions of said section 41(20), relating to counterclaim and set-off, applicable to tort claims cases, all of title 28, U.S.C., 1940 ed. Provision in section 931(a) of title 28, U.S.C., 1940 ed., for trials without a jury, is incorporated in section 2402 of this revised title. For other provisions thereof, see Distribution Table. Words "commencing an action under this section" in subsec. (c) of this revised section cover the provision in section 932 of title 28, U.S.C., 1940 ed., requiring that the same provisions "for counterclaim and set-off" shall apply to tort claims cases brought in the district courts. The phrase in section 931(a) of title 28, U.S.C., 1940 ed., "accruing on and after January 1, 1945" was omitted because executed as of the date of the enactment of this revised title. Provisions in section 41(20) of title 28, U.S.C., 1940 ed., relating to time for commencing action against United States and jury trial constitute sections 2401 and 2402 of this title. (See reviser's notes under said sections.) Words in section 41(20) of title 28, U.S.C., 1940 ed., "commenced after passage of the Revenue Act of 1921" were not included in revised subsection (a)(1) because obsolete and superfluous. Actions under this section involving erroneous or illegal assessments by the collector of taxes would be barred unless filed within the 5-year limitation period of section 1113(a) of the Revenue Act of 1926, 44 Stat. 9, 116. (See United States v. A. S. Kreider Co., 1941, 61 S.Ct. 1007, 313 U.S. 443, 85 L.Ed. 1447.) Words in section 41(20) of title 28, U.S.C., 1940 ed., "if the collector of internal revenue is dead or is not in office at the time such action or proceeding is commenced" were omitted. The revised section retains the language of section 41(20) of title 28, U.S.C., 1940 ed., with respect to actions against the United States if the collector is dead or not in office when action is commenced, and consequently maintains the long existing distinctions in practice between actions against the United States and actions against the collector who made the assessment or collection. In the latter class of actions either party may demand a jury trial while jury trial is denied in actions against the United States. See section 2402 of this title. In reality all such actions are against the United States and not against local collectors. (See Lowe v. United States, 1938, 58 S.Ct. 896, 304 U.S. 302, 82 L.Ed. 1362; Manseau v. United States, D.C.Mich. 1943, 52 F.Supp. 395, and Combined Metals Reduction Co. v. United States, D.C.Utah 1943, 53 F.Supp. 739.) The revised subsection (c)(1) omitted clause: “but no suit pending on the 27th day of June 1898 shall abate or be affected by this provision," contained in section 41(20) of title 28, U.S.C., 1940 ed., as obsolete and superfluous. The words contained in section 41(20) of title 28, U.S.C., 1940 ed., "claims growing out of the Civil War, and commonly known as 'war-claims,' or to hear and determine other claims which had been reported adversely prior to the 3d day of March 1887 by any court, department, or commission authorized to have and determine the same," were omitted for the same reason. The words "in a civil action or in admiralty," in subsection (a)(2), were substituted for "either in a court of law, equity, or admiralty" to conform to Rule 2 of the Federal Rules of Civil Procedure. Words in section 41(20) "in respect to 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 from subsection (a)(2) of this revised section as unnecessary. See reviser's note under section 1491 of this title. For jurisdiction of The Tax Court to review claims for refunds of processing taxes collected under the unconstitutional Agriculture Adjustment Act, see sections 644-659 of title 7, U.S.C., 1940 ed., Agriculture, and the 1942 Revenue Act, Act Oct. 21, 1942, ch. 610, title V, § 510(a), (c), (d), 56 Stat. 667. (See, also, Lamborn v. United States, C.C.P.A. 1939, 104 F.2d 75, certiorari denied 60 S.Ct. 115, 308 U.S. 589, 84 L.Ed. 493.) See, also, reviser's note under section 1491 of this title as to jurisdiction of the Court of Claims in suits against the United States generally. For venue of actions under this section, see section 1402 of this title and reviser's note thereunder. Minor changes were made in phraseology. SENATE REVISION AMENDMENT The provision of title 28, U.S.C., § 932, which related to application of the Federal Rules of Civil Procedure, were originally set out in section 2676 of this revised title, but such section 2676 was eliminated by Senate amendment. See 80th Congress Senate Report No. 1559, amendment No. 61. 1949 ACT This section corrects typographical errors in section 1346(a)(1) of title 28, U.S.C., and in section 1346(b) of such title. REFERENCES IN TEXT The internal-revenue laws, referred to in subsec. (a)(1), are classified generally to Title 26, Internal Revenue Code. Sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978, referred to in subsec. (a)(2), are classified to sections 607(g)(1) and 609(a)(1) of Title 41, Public Contracts. Sections 6226, 6228(a), 7426, 7428, and 7429 of the Internal Revenue Code of 1954, referred to in subsec. (e), are classified to sections 6226, 6228(a), 7426, 7428, and 7429, respectively, of Title 26, Internal Revenue Code. AMENDMENTS 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)”, immediately 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 Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration. 1966-Subsec. (e). Pub. L. 89-719 added subsec. (e). 1964-Subsec. (d). Pub. L. 88-519 eliminated provisions which prohibited district courts from exercising jurisdiction of civil actions or claims to recover fees, salary, or compensation for official services of officers or employees of the United States. 1958-Subsec. (b). Pub. L. 85-508 eliminated the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska. 1954-Subsec. (a)(1). Act July 30, 1954, deleted the language imposing the 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" following "for money damages". EFFECTIVE DATE OF 1982 AMENDMENTS Amendment by Pub. L. 97-248 applicable to partnership 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 partner requests such application and the Secretary of the Treasury or his delegate consents to such application, see section 407(a)(1) and (3) of Pub. L. 97-248, set out as an Effective Date note under section 6221 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 officer or initiated thereafter, see section 16 of Pub. L. 95-563, set out as an Effective Date note under section 601 of Title 41, Public Contracts. EFFECTIVE DATE OF 1970 AMENDMENT Section 2 of Pub. L. 91-350 provided that: "(a) In addition to granting jurisdiction over suits brought after the date of enactment of this Act [July 23, 19701, the provisions of this Act [amending this section 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 judgment 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 entertain 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 Section 203 of title II of Pub. L. 89-719 provided that: "The amendments made by this title [amending sections 1346, 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, upon 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. SAVINGS CLAUSE FOR ACT OCT. 31, 1951 Act June 4, 1956, ch. 363, 70 Stat. 246, which conferred jurisdiction on district courts of certain actions to recover pay of employees who had been dismissed, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 658. FEDERAL RULES OF CIVIL PROCEDURE Costs where United States is party, see rule 54, Appendix to this title. CROSS REFERENCES Claims Court jurisdiction, see section 1491 et seq. of this title. Costs where United States is party, see section 2412 of this title. Interest on judgments against United States, see section 2411 of this title. Jury trial denied in actions under this section, see section 2402 of this title. Nuclear incident involving nuclear reactor of United States warship, payment of claims or judgments for bodily injury, death, or damage resulting from, see section 2211 of Title 42, The Public Health and Welfare. Remedy under this section for damages caused by operation of motor vehicles by Government employees to be exclusive of any other civil action or proceeding, see section 2679 of this title. Tax Court jurisdiction, see section 7441 et seq. of Title 26, Internal Revenue Code. Time for commencing action against United States, see section 2401 of this title. Tort claims procedure, see section 2671 et seq. of this title. Venue of actions against United States, see section 1402 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1295, 1402, 2402, 2409a, 2671, 2676, 2677, 2678, 2679, 2680 of this title; title 2 section 190g; title 5 sections 3373, 3374; title 10 section 1089; title 22 sections 2702, 3761; title 25 section 640d-17; title 26 section 7422; title 29 section 938; title 38 sections 351, 4116; title 41 sections 113, 602; title 42 sections 233, 405, 2221, 2223, 2458a, 4654, 5055, 8768, 8771; title 46 section 1242; title 47 section 606; title 49 App. section 1540; title 50 App. sections 9, 2410. § 1347. Partition action where United States is joint tenant The district courts shall have original jurisdiction of any civil action commenced by any tenant in common or joint tenant for the partition 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. CROSS REFERENCES Amount in controversy immaterial in action under this section, see Historical and Revision Notes under section 1331 of this title. Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under section 1332 of this title. Venue of action for partition of lands where United States is tenant in common or joint tenant, see section 1399 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2409a of this title. § 1348. Banking association as party The district courts shall have original jurisdiction of any civil action commenced by the United States, or by direction of any officer thereof, against any national banking association, any civil action to wind up the affairs of any such association, and any action by a banking 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 provided 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 equity," after "all other actions by or against them," were omitted as superfluous. 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 officers, 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. CROSS REFERENCES Amount in controversy Immaterial in action other than on diverse citizenship, see Historical and Revision Notes under section 1331 of this title. Required in diverse citizenship action under this section, see Historical and Revision Notes under section 1332 of this title. Injunction by national bank against Comptroller of Currency denying failure to redeem notes, see section 195 of Title 12, Banks and Banking. Jurisdiction of action by or against Federal reserve bank, see section 632 of Title 12. Liquidating agent of national bank, see section 197 of Title 12. National bank receiver, see section 1345 of this title. Powers of conservator of national bank, see section 203 of Title 12, Banks and Banking. Prohibition on state court from enjoining national bank, see section 91 of Title 12. Venue of action Against national banking association, see section 94 of Title 12. By banking association to enjoin the Comptroller of the Currency, see section 1394 of this title. § 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. CROSS REFERENCES Action arising under law of United States, see section 1331 of this title. Action by agency of United States, see section 1345 of this title. Action by or against Federal land banks, see section 2012 of Title 12, Banks and Banking. Federal reserve banks, see section 632 of Title 12. National banking association, see section 1348 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 1452. § 1350. Alien's action for tort The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations 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. (2) members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act). (June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949, ch. 139, § 80(c), 63 Stat. 101; Sept. 30, 1978, Pub. L. 95-393, § 8(a)(1), 92 Stat. 810.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(18), 371(8) (Mar. 3, 1911, ch. 231, §§ 24, par. 18, 256, par. 8, 36 Stat. 1093, 1160). Words "civil action" were substituted for "suits," and "all suits and proceedings" in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. REFERENCES IN TEXT Section 2 of the Diplomatic Relations Act, referred to in par. (2), is classified to section 254a of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1978-Pub. L. 95-393 substituted "Consuls, vice consuls, and members of a diplomatic mission as defendant" for "Consuls and vice consuls as defendants" in section catchline, designated existing provisions as the introductory provision preceding par. (1), and in such introductory provision as so designated, substituted "civil actions and proceedings against-" for "actions and proceedings against consuls or vice consuls of foreign states", and added pars. (1) and (2). 1949-Act May 24, 1949, substituted "of all actions and proceedings" for "of any civil action". EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-393 effective at the end of the ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95-393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse. |