US Code

Public Law 119-87 (04/30/2026)

28 U.S.C. § 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 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.
(2)
section 7104(b)(1) of title 411
1 See References in Text note below.
To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdiction, 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 Federal Claims shall have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under , including a dispute concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer has been issued under section 6  of that Act.
(b)
(1)
2
2 So in original. Probably should be “United”.
Both the Unites  States Court of Federal Claims and the district courts of the United States shall have jurisdiction to render judgment on an action by an interested party objecting to a solicitation by a Federal agency for bids or proposals for a proposed contract or to a proposed award or the award of a contract or any alleged violation of statute or regulation in connection with a procurement or a proposed procurement. Both the United States Court of Federal Claims and the district courts of the United States shall have jurisdiction to entertain such an action without regard to whether suit is instituted before or after the contract is awarded.
(2)
To afford relief in such an action, the courts may award any relief that the court considers proper, including declaratory and injunctive relief except that any monetary relief shall be limited to bid preparation and proposal costs.
(3)
In exercising jurisdiction under this subsection, the courts shall give due regard to the interests of national defense and national security and the need for expeditious resolution of the action.
(4)
section 706 of title 5 In any action under this subsection, the courts shall review the agency’s decision pursuant to the standards set forth in .
(5)
section 3551(2)(B) of title 31 If an interested party who is a member of the private sector commences an action described in paragraph (1) with respect to a public-private competition conducted under Office of Management and Budget Circular A–76 regarding the performance of an activity or function of a Federal agency, 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, then an interested party described in shall be entitled to intervene in that action.
(6)
Jurisdiction over any action described in paragraph (1) arising out of a maritime contract, 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 jurisdiction 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) 68 Stat. 1241 Pub. L. 91–350, § 1(b)84 Stat. 449 Pub. L. 92–415, § 186 Stat. 652 Pub. L. 95–563, § 14(i)92 Stat. 2391 Pub. L. 96–417, title V, § 50994 Stat. 1743 Pub. L. 97–164, title I, § 133(a)96 Stat. 39 Pub. L. 102–572, title IX106 Stat. 4516 Pub. L. 104–320, § 12(a)110 Stat. 3874 Pub. L. 110–161, div. D, title VII, § 739(c)(2)121 Stat. 2031 Pub. L. 110–181, div. A, title III, § 326(c)122 Stat. 63 Pub. L. 110–417122 Stat. 4613 Pub. L. 111–350, § 5(g)(7)124 Stat. 3848 Pub. L. 112–81, div. A, title VIII, § 861(a)125 Stat. 1521 (, ; , ; , (b), ; , , ; , , ; , , ; , , ; , , ; , §§ 902(a), 907(b)(1), , , 4519; , , ; , , ; , , ; , [div. A], title X, § 1061(d), , ; , , ; , , .)

Historical and Revision Notes

Mar. 3, 1911, ch. 231 36 Stat. 1136 Based on title 28, U.S.C., 1940 ed., § 250(1) (; § 145, ).

section 1346 of this titlesection 1621 of this titleDistrict courts are given concurrent jurisdiction of certain claims against the United States under . (See also reviser’s note under that section and relating to jurisdiction of the Tax Court.)

section 250(1) of title 28The proviso in , 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 by any court, department, or commission authorized to determine them, were omitted as obsolete.

section 250(1) of title 28section 1501 of this titleThe exception in , U.S.C., 1940 ed., as to pension claims appears in .

Sanday & Co. v. U.SWords “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. ., 1932, 76 Ct.Cl. 370.

section 114b of Title 41For additional provisions respecting jurisdiction of the court of claims in war contract settlement cases see , U.S.C., 1940 ed., Public Contracts.

Changes were made in phraseology.

Editorial Notes

References in Text

section 7103 of Title 41Pub. L. 111–350124 Stat. 3677 Section 6 of the Contract Disputes Act of 1978, referred 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 , Public Contracts, by , §§ 3, 7(b), , , 3855.

act May 18, 1933, ch. 32 48 Stat. 58 section 831 of Title 16The Tennessee Valley Authority Act of 1933, referred to in subsec. (c), is , , which is classified generally to chapter 12A (§ 831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 111–350section 7104(b)(1) of title 412011—Subsec. (a)(2). substituted “” for “section 10(a)(1) of the Contract Disputes Act of 1978”.

Pub. L. 112–81Subsec. (b)(6). added par. (6).

Pub. L. 110–417Pub. L. 110–161section 3551(2)(B) of title 312008—Subsec. (b)(5). struck out par. (5), as added by , which read as follows: “If a private sector interested party commences an action described in paragraph (1) in the case of a public-private competition conducted under Office of Management and Budget Circular A–76 regarding performance of an activity or function of a Federal agency, 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, then an official or person described in shall be entitled to intervene in that action.”

Pub. L. 110–181 added par. (5).

Pub. L. 110–1612007—Subsec. (b)(5). added par. (5).

Pub. L. 104–320, § 12(a)(2)1996—Subsec. (a)(3). , struck out par. (3) which read as follows: “To afford complete relief on any contract claim brought before the contract is awarded, the court shall have exclusive jurisdiction to grant declaratory judgments and such equitable and extraordinary relief as it deems proper, including but not limited to injunctive relief. In exercising this jurisdiction, the court shall give due regard to the interests of national defense and national security.”

Pub. L. 104–320, § 12(a)(1)Subsecs. (b), (c). , (3), added subsec. (b) and redesignated former subsec. (b) as (c).

Pub. L. 102–572, § 902(a)(1)1992—Subsec. (a)(1). , substituted “United States Court of Federal Claims” for “United States Claims Court”.

Pub. L. 102–572, § 907(b)(1)Subsec. (a)(2). , inserted before period at end “, including a dispute concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer has been issued under section 6 of that Act”.

Pub. L. 102–572, § 902(a)(2), substituted “Court of Federal Claims” for “Claims Court”.

Pub. L. 102–572, § 902(a)(1)Subsec. (b). , substituted “United States Court of Federal Claims” for “United States Claims Court”.

Pub. L. 97–1641982—Subsec. (a)(1). designated first two sentences of existing first undesignated paragraph as subsec. (a)(1) and substituted “United States Claims Court” for “Court of Claims”.

Pub. L. 97–164Subsec. (a)(2). designated third, fourth, and fifth sentences of existing first un­designated paragraph 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 “arising under the Contract Disputes Act of 1978”.

Pub. L. 97–164Subsec. (a)(3). added par. (3).

Pub. L. 97–164Subsec. (b). 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 “Tennessee Valley Authority Act of 1933, as amended,”, and “actions by or against the Authority” for “suits by or against the Authority”.

Pub. L. 96–4171980— 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.

Pub. L. 95–5631978— provided that the Court of Claims would have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under the Contract Disputes Act of 1978.

Pub. L. 92–4151972— inserted provisions authorizing the court to issue orders directing restoration to office or position, placement in appropriate duty or retirement status and correction of applicable records and to issue such orders to any United States official and to remand appropriate matters to administrative and executive bodies with proper directions.

Pub. L. 91–3501970— 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 , inserted “; actions involving Tennessee Valley Authority” in section catchline and altered the form of first par. to spell out the general jurisdiction of the Court in paragraph form rather than as clauses of the par.

1953—Act , 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)125 Stat. 1521

“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 [].”
, , , provided that:

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title III, § 326(d)122 Stat. 63

section 3551(2) of title 31section 1491(b) of title 28“Subparagraph (B) of , United States Code (as added by subsection (a)), and paragraph (5) of , 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 pursuant to a study initiated under Office of Management and Budget Circular A–76 on or after ; 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 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 the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 2007 Amendment

section 739(c)(3) of Pub. L. 110–161section 501 of Title 31Paragraph (5) of subsec. (b) of this section applicable to protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initiated under Office of Management and Budget Circular A–76 on or after ; and to any other protests and civil actions that relate to public-private competitions initiated under Office of Management 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 , see , set out as a note under , Money and Finance.

Pub. L. 110–161section 739(e) of Pub. L. 110–161section 501 of Title 31Amendment by applicable with respect to fiscal year 2008 and each succeeding fiscal year, see , set out as a note under , Money and Finance.

Effective Date of 1996 Amendment

Pub. L. 104–320, § 12(b)110 Stat. 3875

section 3556 of Title 31section 3556 of Title 31“This section [amending this section and , Money and Finance, and enacting provisions set out as notes under this section and ] and the amendments made by this section shall take effect on and shall apply to all actions filed on or after that date.”
, , , provided that:

Effective Date of 1992 Amendment

section 902(a) of Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 102–572, title IX, § 907(b)(2)106 Stat. 4519

“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 [], 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 expired without an appeal having been filed, or
“(B)
a final judgment of the Court of Appeals for the Federal Circuit.”
, , , provided that:

Effective Date of 1982 Amendment

Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–417section 701(a) of Pub. L. 96–417section 251 of this titleAmendment by effective , and applicable with respect to civil actions pending on or commenced on or after such date, see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–563section 16 of Pub. L. 95–56392 Stat. 2391 Amendment by effective with respect to contracts entered into 120 days after , and, at the election of the contractor, with respect to any claim pending at such time before the contracting officer or initiated thereafter, see , , , 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, § 286 Stat. 652

“This Act [amending this section] shall be applicable to all judicial proceedings pending on or instituted after the date of its enactment [].”
, , , provided that:

Effective Date of 1970 Amendment

Pub. L. 91–350section 2 of Pub. L. 91–350section 1346 of this titleAmendment by applicable to claims and civil actions dismissed before or pending on , if the claim or civil action was based upon a transaction, omission, or breach that occurred not more than six years prior to , notwithstanding a determination or judgment made prior to , 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 , set out as a note under .

Savings Provision

Pub. L. 104–320, § 12(e)110 Stat. 3875

“(1)

Orders .—

A termination under subsection (d) [set out below] shall not terminate the effectiveness of orders that have been issued by a court in connection with an action within the jurisdiction of that court on or before . Such orders shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by a court of competent jurisdiction or by operation of law.
“(2)

Proceedings and applications .—

(A)
a termination under subsection (d) shall not affect the jurisdiction of a court of the United States to continue with any proceeding that is pending before the court on .
“(B)
Orders may be issued in any such proceeding, appeals 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 proceeding shall continue in effect until modified, terminated, superseded, set aside, or revoked by a court of competent jurisdiction or by operation of law.
“(C)
Nothing in this paragraph prohibits the discontinuance 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.”
, , , provided that:

Sunset Provision

Pub. L. 104–320, § 12(d)110 Stat. 3875

section 1491(b)(1) of title 28“The jurisdiction of the district courts of the United States over the actions described in , United States Code (as amended by subsection (a) of this section) shall terminate on 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.”
, , , provided that:

Transfer of Functions

section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating 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 Security, and the Department of Homeland Security Reorganization Plan of , set out as a note under .

Study on Concurrent Jurisdiction

Pub. L. 104–320, § 12(c)110 Stat. 3875 , , , required that, no earlier than 2 years after , the General Accounting Office was to undertake a study regarding the concurrent jurisdiction of the district courts of the United States and the Court of Federal Claims over bid protests to determine whether concurrent jurisdiction was necessary, which study was to be completed no later than , and was to specifically consider the effect of any proposed change on the ability of small businesses to challenge violations of Federal procurement law.