§ 2401. — Time for commencing action against United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2401]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 161--UNITED STATES AS PARTY GENERALLY
Sec. 2401. Time for commencing action against United States
(a) Except as provided by the Contract Disputes Act of 1978, 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, Sec. 1, 63
Stat. 62; Pub. L. 86-238, Sec. 1(3), Sept. 8, 1959, 73 Stat. 472; Pub.
L. 89-506, Sec. 7, July 18, 1966, 80 Stat. 307; Pub. L. 95-563,
Sec. 14(b), Nov. 1, 1978, 92 Stat. 2389.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 41(20), 942 (Mar. 3,
1911, ch. 231, Sec. 24, part 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136,
Sec. 1310(c), 42 Stat. 311; June 2, 1924, 4:01 p.m., ch. 234,
Sec. 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb.
26, 1926, ch. 27, Secs. 1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946,
ch. 753, Sec. 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.
References in Text
The Contract Disputes Act of 1978, referred to in subsec. (a), is
Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is
classified principally to chapter 9 (Sec. 601 et seq.) of Title 41,
Public Contracts. For complete classification of this Act to the Code,
see Short Title note set out under section 601 of Title 41 and Tables.
Amendments
1978--Subsec. (a). Pub. L. 95-563 inserted Contract Disputes Act of
1978 exception.
1966--Subsec. (b). Pub. L. 89-506 struck out provisions dealing with
a tort claim of $2,500 or under as a special category of tort claim
requiring preliminary administrative action and substituted provisions
requiring presentation of all tort claims to the appropriate Federal
agency in writing within two years after the claim accrues and
commencement of an action within six months of the date of mailing of
notice of final denial of the claim by the agency to which it was
presented for provisions requiring commencement of an action within two
years after the claim accrues.
1959--Subsec. (b). Pub. L. 86-238 substituted ``$2,500'' for
``$1,000'' in two places.
1949--Subsec. (b). Act Apr. 25, 1949, the time limitation on
bringing tort actions from 1 year to 2 years.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-563 effective with respect to contracts
entered into 120 days after Nov. 1, 1978, and, at the election of the
contractor, with respect to any claim pending at such time before the
contracting officer or initiated thereafter, see section 16 of Pub. L.
95-563, set out as an Effective Date note under section 601 of Title 41,
Public Contracts.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-506 applicable to claims accruing six months
or more after July 18, 1966, see section 10 of Pub. L. 89-506, set out
as a note under section 2672 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2671, 2679 of this title;
title 30 section 1724; title 41 section 113; title 42 section 2212;
title 45 section 1203; title 49 section 44309.
