§ 2401. Time for commencing action against United States
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/usc/title-28/section-2401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided by chapter 71 of title 41, every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues. The action of any person under legal disability or beyond the seas at the time the claim accrues may be commenced within three years after the disability ceases.
(b)A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.
(June 25, 1948, ch. 646, 62 Stat. 971; Apr. 25, 1949, ch. 92, § 1, 63 Stat. 62; Pub. L. 86–238, § 1(3), Sept. 8, 1959, 73 Stat. 472; Pub. L. 89–506, § 7, July 18, 1966, 80 Stat. 307; Pub. L. 95–563, § 14(b), Nov. 1, 1978, 92 Stat. 2389; Pub. L. 111–350, § 5(g)(8), Jan. 4, 2011, 124 Stat. 3848.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§ 41(20), 942 (Mar. 3, 1911, ch. 231, § 24, part 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136, § 1310(c), 42 Stat. 311; June 2, 1924, 4:01 p.m., 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, § 420, 60 Stat. 845).
Section consolidates provision in section 41(20) of title 28, U.S.C., 1940 ed., as to time limitation for bringing actions against the United States under section 1346(a) of this title, with section 942 of said title 28.
Words “or within one year after the date of enactment of this Act whichever is later”, in section 942 of title 28, U.S.C., 1940 ed., were omitted as executed.
Provisions of section 41(20) of title 28, U.S.C., 1940 ed., relating to jurisdiction of district courts and trial by the court of actions against the United States are the basis of sections 1346(a) and 2402 of this title.
Words in subsec.
(a)of this revised section, “person under legal disability or beyond the seas at the time the claim accrues” were substituted for “claims of married women, first accrued during marriage, of persons under the age of twenty-one years, first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim.” (See reviser’s note under section 2501 of this title.)
Words in section 41(20) of title 28, U.S.C., 1940 ed., “nor shall any of the said disabilities operate cumulatively” were omitted. (See reviser’s note under section 2501 of this title.)
A provision in section 41(20) of title 28, U.S.C., 1940 ed., that disabilities other than those specifically mentioned should not prevent any action from being barred was omitted as superfluous.
Subsection
(b)of the revised section simplifies and restates said section 942 of title 28, U.S.C., 1940 ed., without change of substance.
Changes were made in phraseology.
Senate Revision Amendment
Subsection
(b)amended in the Senate to insert the 1 year limitation on the bringing of tort actions and to include the limitation upon the time in which tort claims not exceeding $1000 must be presented to the appropriate Federal agencies for administrative disposition. 80th Congress Senate Report No. 1559, Amendment No. 48.
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Cited by 113 sections · top 60
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IRM
- IRM 25.6.1Statute of Limitations Processes and Procedures
- IRM 20.2.1Interest Introduction, Standards and Guidelines
- IRM 8.7.7Claim and Overassessment Cases
- IRM 20.2.14Netting of Overpayment and Underpayment Interest
- IRM 20.2.11Miscellaneous Interest Provisions
- IRM 8.7.19Net Rate Netting Procedures for Appeals
- IRM 39.3.1Claims, Suits, and Related Matters
- IRM 34.5.2Refund Litigation
U.S. Code
CFR
- § 14.9Final denial of claim.
- § 685.222Borrower defenses and procedures for loans first disbursed on or after July 1, 2017, and before July 1, 2020, and procedures for loans first disbursed prior to July 1, 2017.
- § 14.2Administrative claim; when presented.
- § 1.460-6Look-back method.
- § 10.6Final denial of claim.
- § 1014.9Final denial of claim.
- § 750.36Time limitations.
- § 35.6Final denial of claim.
- § 536.89Reconsideration of Federal Tort Claims Act claims.
- § 1009.1Purpose.
- § 793.6Final denial of claim.
- § 1000.1615Is there a deadline for filing FTCA claims?
- § 912.9Final denial of claim.
31 references not yet in our index
- June 25, 1948, ch. 646
- 62 Stat. 971
- Apr. 25, 1949, ch. 92, § 1
- 63 Stat. 62
- Pub. L. 86–238, § 1(3)
- 73 Stat. 472
- Pub. L. 89–506, § 7
- 80 Stat. 307
- Pub. L. 95–563, § 14(b)
- 92 Stat. 2389
- Pub. L. 111–350, § 5(g)(8)
- 124 Stat. 3848
- Mar. 3, 1911, ch. 231, § 24
- 36 Stat. 1093
- Nov. 23, 1921, ch. 136, § 1310(c)
- 42 Stat. 311
- 43 Stat. 348
- Feb. 24, 1925, ch. 309
- 43 Stat. 972
- Feb. 26, 1926, ch. 27
- 44 Stat. 121
- Aug. 2, 1946, ch. 753, § 420
- 60 Stat. 845
- section 942 of title 28
- Pub. L. 111–350
- Pub. L. 95–563
- Pub. L. 89–506
- Pub. L. 86–238
- section 16 of Pub. L. 95–563
- 92 Stat. 2391
- section 10 of Pub. L. 89–506
Citation graph
cites case law
§ 2401
Time for commencing action against United States
Fed. Reg.×66
C.F.R.×19
IRM×17
U.S.C.×7
Stat.×4
ActJune 25, 1948, ch. 646
Stat.62 Stat. 971
ActApr. 25, 1949, ch. 92, § 1
Stat.63 Stat. 62
Pub. L.Pub. L. 86–238, § 1(3)
Cites 35 · showing 9Cited by 113 across 5 sources