84 STAT. ]
PUBLIC LAW 91-350-JULY 23, 1970
449
Public Law 91-350 AN ACT To provide courts of the United States with jurisdiction over contract claims against nonappropriated fund activities of the United States, and for other purposes.
July 23^ 1970 [S. 980]
Be it enacted by the Senate and House of Representatives of the Courts. United States of America in Congress assembled, That (a) section U.S. ^^ claims. Contract 1346(a)(2) of title 28, United States Code, is amended by adding at jurisdiction the end thereof the following new sentence: "For the purpose of this 6 2 Stat. 933. 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.". (b) The first full paragraph of section 1491 of title 28, United States Code, is amended by adding at the end thereof the following ^^ Stat. 1241, new sentence: "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.". (c) Section 1302 of the Supplemental Appropriation Act, 1957 (70 Stat. 694; 31 U.S.C. 724(a)), is amended hj adding immediately 3i use 724a. before the period at the end thereof the following new proviso: ^Provided further, That any judgment or compromise settlement against the United States arising out of an express or implied contract entered into by the Army and A i r Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration, shall be paid in accordance with this section and sections 2414, 2517, and 2518 of title 28, United States Code, and such instrumentality shall 75 Stat. 415; reimburse the United States for a judgment or compromise settlement 62 Stat. 979. paid by the United States." SEC. 2. (a) I n addition to granting jurisdiction over suits brought ^ ^acabnu'^ after the date of enactment of this Act, the provisions of this Act 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. (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. Approved July 23, 1970.
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