Title 18 — Crimes and Criminal Procedure
Part II · Chapter 213 — Limitations
§ 3287. Wartime suspension of limitations
Statutory text
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)).
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 3287
June 25, 1948, ch. 645, 62 Stat. 828
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 828Department of Defense Appropriations Act, 2009
Pub. L. 110–329 div. C title VIII § 8117 · 122 Stat. 3574
Inserted · 18 U.S.C. § 3287
Pub. L. 110–329, in first par., inserted “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)),” after “is at war” and “or directly connected with or related to the authorized use of the Armed Forces” after “prosecution of the war”
Substituted · 18 U.S.C. § 3287
Pub. L. 110–329, in first par., substituted “5 years” for “three years” and, in second par
Substituted · 18 U.S.C. § 3287
Pub. L. 110–329, in first par., substituted “proclaimed by a Presidential proclamation, with notice to Congress,” for “proclaimed by the President” and, in second par
Inserted · 18 U.S.C. § 3287
Pub. L. 110–329, in first par., inserted last sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–329, in first par., inserted “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)),” after “is at war” and “or directly connected with or related to the authorized use of the Armed Forces” after “prosecution of the war” and substituted “5 years” for “three years” and “proclaimed by a Presidential proclamation, with notice to Congress,” for “proclaimed by the President”, and, in second par., inserted last sentence.Enacted provision · exact public law section
Sec. 8117. Section 3287 of title 18, United States Code, is amended— (1) by inserting “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)),” after “is at war”; (2) by inserting “or directly connected with or related to the authorized use of the Armed Forces” after “prosecution of the war”; (3) by striking “three years” and inserting “5 years”; (4) by striking “proclaimed by the President” and inserting “proclaimed by a Presidential proclamation, with notice to Congress,”; and (5) by adding at the end the following: “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)).”.Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 855 · 122 Stat. 4356
Repealed · 18 U.S.C. § 3287
Pub. L. 110–417, § 855, which amended this section identically to amendment by Pub. L. 110–329, was repealed by Pub. L. 111–84. See 2008 Amendment note below
Source evidence
Code amendment note
Pub. L. 110–417, § 855, which amended this section identically to amendment by Pub. L. 110–329, was repealed by Pub. L. 111–84. See 2008 Amendment note below.Enacted provision · exact public law section
SEC. 855. SUSPENSION OF STATUTES OF LIMITATIONS WHEN CONGRESS AUTHORIZES THE USE OF MILITARY FORCE. Section 3287 of title 18, United States Code, is amended— (1) by inserting “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)),” after “is at war”; (2) by inserting “or directly connected with or related to the authorized use of the Armed Forces” after “prosecution of the war”; (3) by striking “three years” and inserting “5 years”; (4) by striking “proclaimed by the President” and inserting “proclaimed by a Presidential proclamation, with notice to Congress,”; and (5) by adding at the end the following: “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)).”.Effective date note
Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided in part that the amendment made by section 1073(c)(7) of Pub. L. 111–84 is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 div. A title X § 1073(c)(7) · 123 Stat. 2190
Repealed · 18 U.S.C. § 3287
Pub. L. 111–84 repealed Pub. L. 110–417, § 855. See 2008 Amendment note below
Source evidence
Code amendment note
Pub. L. 111–84 repealed Pub. L. 110–417, § 855. See 2008 Amendment note below.Enacted provision · exact public law section
(7) Section 855 (122 Stat. 4545) is repealed.Effective date note
Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided in part that the amendment made by section 1073(c)(7) of Pub. L. 111–84 is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.
6 of 7 references resolved to an enrolled provision · 1 partial
Notes
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.
Editorial Notes
References in Text
Section 103 of title 41, referred to in text, probably means section 3 of act July 1, 1944, ch. 358, 58 Stat. 650, which was classified to section 103 of former Title 41, Public Contracts, prior to repeal by Pub. L. 111–350, § 7(b), , 124 Stat. 3855. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
Amendments2008–2009 · 2 rounds
2009
Pub. L. 111–84 repealed Pub. L. 110–417, § 855. See 2008 Amendment note below.
2008
Pub. L. 110–417, § 855, which amended this section identically to amendment by Pub. L. 110–329, was repealed by Pub. L. 111–84. See 2008 Amendment note below.
Pub. L. 110–329, in first par., inserted “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)),” after “is at war” and “or directly connected with or related to the authorized use of the Armed Forces” after “prosecution of the war” and substituted “5 years” for “three years” and “proclaimed by a Presidential proclamation, with notice to Congress,” for “proclaimed by the President”, and, in second par., inserted last sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Pub. L. 111–84, div. A, title X, § 1073(c), , 123 Stat. 2474, provided in part that the amendment made by section 1073(c)(7) of Pub. L. 111–84 is effective as of , and as if included in Pub. L. 110–417 as enacted.
Credits
1948–2009 · 4 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 828
- 2008Pub. L. 110–329, div. C, title VIII, § 8117, , 122 Stat. 3647
- 2008Pub. L. 110–417, [div. A], title VIII, § 855, , 122 Stat. 4545
- 2009Pub. L. 111–84, div. A, title X, § 1073(c)(7), , 123 Stat. 2475.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 110–329, div. C, title VIII, § 8117, , 122 Stat. 3647; Pub. L. 110–417, [div. A], title VIII, § 855, , 122 Stat. 4545; Pub. L. 111–84, div. A, title X, § 1073(c)(7), , 123 Stat. 2475.)