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
PL 91-350 (S.980), enacted 07/23/1970

84 STAT. ] 
PUBLIC LAW 91-350-JULY 23, 1970 
449 
Public Law 91-350 
AN ACT 
July 23^ 1970 
To provide courts of the United States with jurisdiction over contract claims 
[S. 980] 
against nonappropriated fund activities of the United States, and for other 
purposes. 
U.S. Courts. 
Contract claims. 
Be it enacted hy the Senate and House of Reyresentatives 
of the 
United States of America in Congress assembled^ That (a) section 
^^ 
1346(a) (2) of title 28, United States Code, is amended by adding at jurisdic"tion 
the end thereof the following new sentence: "For the purpose of this 
6 2 stat. 933. 
paragraph, an express or implied contract wdth the Army and Air 
Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, 
Coast Guard Exchanges, or Exchange Councils of the National Aero-
nautics 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 con-
tract 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: ^''Pro-
vided 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 Air 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 
reimburse the United States for a judgment or compromise settlement 
paid by the United States." 
SEC. 2. (a) In 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 not-
withstanding 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. 
75 stat. 415; 
62 stat. 979.