§ 2501. — Time for filing suit.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2501]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 165--UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE
Sec. 2501. Time for filing suit
Every claim of which the United States Court of Federal Claims has
jurisdiction shall be barred unless the petition thereon is filed within
six years after such claim first accrues.
Every claim under section 1497 of this title shall be barred unless
the petition thereon is filed within two years after the termination of
the river and harbor improvements operations on which the claim is
based.
A petition on the claim of a person under legal disability or beyond
the seas at the time the claim accrues may be filed within three years
after the disability ceases.
A suit for the fees of an officer of the United States shall not be
filed until his account for such fees has been finally acted upon,
unless the General Accounting Office fails to act within six months
after receiving the account.
(June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263, Sec. 52,
68 Stat. 1246; Pub. L. 97-164, title I, Sec. 139(a), Apr. 2, 1982, 96
Stat. 42; Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct. 29, 1992, 106
Stat. 4516.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 250(2), 250a, and 262
(Mar. 3, 1911, ch. 231, Secs. 145, 156, 36 Stat. 1136, 1139; June 10,
1921, ch. 18, Sec. 304, 42 Stat. 24; Aug. 30, 1935, ch. 831, Sec. 13, 49
Stat. 1049; July 13, 1943, ch. 231, 57 Stat. 553).
Section consolidates limitation provisions of sections 250(2), 250a,
and 262 of title 28, U.S.C., 1940 ed.
Words ``a person under legal disability or beyond the seas at the
time the claim accrues'' were substituted for ``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,''. The revised language will cover all legal disabilities
actually barring suit. For example, the particular reference to married
women is archaic, and is eliminated by use of the general language
substituted.
Words ``nor shall any of the said disabilities operate
cumulatively'' were omitted, in view of the elimination of the reference
to specific disabilities. Also, persons under legal disability could not
sue, and their suits should not be barred until they become able to sue.
Similar sections of the U.S. Code do not contain any such provision.
(For example, see section 502 of title 28, U.S.C., 1940 ed.,
incorporated in section 544 of this title.)
The section was extended to include claims referred by the head of
an executive department in conformity with section 2510 of this title.
Amendments
1992--Pub. L. 102-572 substituted ``United States Court of Federal
Claims'' for ``United States Claims Court''.
1982--Pub. L. 97-164 substituted ``United States Claims Court'' for
``Court of Claims''.
1954--Act Sept. 3, 1954, struck out ``, or the claim is referred by
the Senate or House of Representatives, or by the head of an executive
department'' in first par.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Section Referred to in Other Sections
This section is referred to in title 41 section 114.
