§ 3287. Wartime suspension of limitations
883 words·~4 min read·
/usc/title-18/section-3287A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When the United States is at war or Congress has enacted a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)), the running of any statute of limitations applicable to any offense
(1)involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not, or
(2)committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States, or
(3)committed in connection with the negotiation, procurement, award, performance, payment for, interim financing, cancelation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war or directly connected with or related to the authorized use of the Armed Forces, or with any disposition of termination inventory by any war contractor or Government agency, shall be suspended until 5 years after the termination of hostilities as proclaimed by a Presidential proclamation, with notice to Congress, or by a concurrent resolution of Congress.
Definitions of terms in section 103 1 of title 41 shall apply to similar terms used in this section. For purposes of applying such definitions in this section, the term “war” includes a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).
(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 110–329, div. C, title VIII, § 8117, Sept. 30, 2008, 122 Stat. 3647; Pub. L. 110–417, [div. A], title VIII, § 855, Oct. 14, 2008, 122 Stat. 4545; Pub. L. 111–84, div. A, title X, § 1073(c)(7), Oct. 28, 2009, 123 Stat. 2475.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 590a (Aug. 24, 1942, ch. 555, § 1, 56 Stat. 747; July 1, 1944, ch. 358, § 19(b), 58 Stat. 667; Oct. 3, 1944, ch. 479, § 28, 58 Stat. 781).
The phrase “when the United States is at war” was inserted at the beginning of this section to make it permanent instead of temporary legislation, and to obviate the necessity of reenacting such legislation in the future. This permitted the elimination of references to dates and to the provision limiting the application of the section to transactions not yet fully barred. When the provisions of the War Contract Settlements Act of 1944, upon which this section is based, are considered in connection with said section 590a which it amends, it is obvious that no purpose can be served now by the provisions omitted.
Phrase (2), reading “or committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States” was derived from section 28 of the Surplus Property Act of 1944 which amended said section 590a of title 18, U.S.C., 1940 ed. This act is temporary by its terms and relates only to offenses committed in the disposition of surplus property thereunder.
The revised section extends its provisions to all offenses involving the disposition of any property, real or personal, of the United States. This extension is more apparent than real since phrase (2), added as the result of said Act, was merely a more specific statement of offenses embraced in phrase
(1)of this section.
The revised section is written in general terms as permanent legislation applicable whenever the United States is at war. (See, also, reviser’s note under section 284 of this title.)
The last paragraph was added to obviate any possibility of doubt as to meaning of terms defined in section 103 of title 41, U.S.C., 1940 ed., Public Contracts.
Changes were made in phraseology.
Connections7 cite this · traces to 4
Cited by 7 sections
U.S. Code
- § 352Deposits subject to lease; consent of department heads; lands excluded
- § 1212Applicability of other laws
- § 2681International broadcasting facilities; transfer to Department of State; acquisition of property
- § 112Applicability of certain policies, procedures, and directives in effect on July 1, 1949
- § 6533Cross references
statutes-at-large
- Public Law 99–349Making urgent supplemental appropriations for the fiscal year ending September 30, 1986, and for other purposes
- Public Law 111–84To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
26 references not yet in our index
- 1
- June 25, 1948, ch. 645
- 62 Stat. 828
- Pub. L. 110–329, div. C, title VIII, § 8117
- 122 Stat. 3647
- Pub. L. 110–417
- 122 Stat. 4545
- Pub. L. 111–84, div. A, title X, § 1073(c)(7)
- 123 Stat. 2475
- Aug. 24, 1942, ch. 555, § 1
- 56 Stat. 747
- July 1, 1944, ch. 358, § 19(b)
- 58 Stat. 667
- Oct. 3, 1944, ch. 479, § 28
- 58 Stat. 781
- section 590a of title 18
- act July 1, 1944, ch. 358
- 58 Stat. 650
- Pub. L. 111–350, § 7(b)
- 124 Stat. 3855
- Pub. L. 111–84
- Pub. L. 110–417, § 855
- Pub. L. 110–329
- Pub. L. 111–84, div. A, title X, § 1073(c)
- 123 Stat. 2474
- section 1073(c)(7) of Pub. L. 111–84
Citation graph
cites case law
§ 3287
Wartime suspension of limitations
U.S.C.×5
Stat.×2
Cite1
ActJune 25, 1948, ch. 645
Stat.62 Stat. 828
Pub. L.Pub. L. 110–329, div. C, title VIII, § 8117
Stat.122 Stat. 3647
Cites 30 · showing 9Cited by 7 across 2 sources