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Title 28 — Judiciary and Judicial Procedure

Part V · Chapter 111 — General Provisions

§ 1658. Time limitations on the commencement of civil actions arising under Acts of Congress

Statutory text

(a)

Except as otherwise provided by law, a civil action arising under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues.

(b)

Notwithstanding subsection (a), a private right of action that involves a claim of fraud, deceit, manipulation, or contrivance in contravention of a regulatory requirement concerning the securities laws, as defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), may be brought not later than the earlier of—

(1)

2 years after the discovery of the facts constituting the violation; or

(2)

5 years after such violation.

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.

  1. Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 title III § 313(a) · 104 Stat. 5089

    Enacted · 28 U.S.C. § 1658

    Added Pub. L. 101–650, title III, § 313(a), Dec. 1, 1990, 104 Stat. 5114

    Source evidence

    Code source credit
    Added Pub. L. 101–650, title III, § 313(a), Dec. 1, 1990, 104 Stat. 5114

    Enacted provision · exact public law section
    (a) In General.— Chapter 111 of title 28, United States Code, is amended by adding at the end thereof the following: “§ 1658. Time limitations on the commencement of civil actions arising under Acts of Congress “Except as otherwise provided by law, a civil action arising under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues.”.

  2. Sarbanes-Oxley Act of 2002

    Pub. L. 107–204 title VIII § 804(a) · 116 Stat. 745

    1. Amended · 28 U.S.C. § 1658

      Pub. L. 107–204 designated existing provisions as subsec. (a)

    2. Added · 28 U.S.C. § 1658

      Pub. L. 107–204 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 107–204 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    (a) In General.— Section 1658 of title 28, United States Code, is amended— (1) by inserting “(a)” before “Except”; and (2) by adding at the end the following: “(b) Notwithstanding subsection (a), a private right of action that involves a claim of fraud, deceit, manipulation, or contrivance in contravention of a regulatory requirement concerning the securities laws, as defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), may be brought not later than the earlier of— “(1) 2 years after the discovery of the facts constituting the violation; or “(2) 5 years after such violation.”.

    Effective date note
    Pub. L. 107–204, title VIII, § 804(b), July 30, 2002, 116 Stat. 801, provided that: “The limitations period provided by section 1658(b) of title 28, United States Code, as added by this section, shall apply to all proceedings addressed by this section that are commenced on or after the date of enactment of this Act [July 30, 2002].”

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 101–650, which was approved .

Amendments

2002—Pub. L. 107–204 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–204, title VIII, § 804(b), , 116 Stat. 801, provided that: “The limitations period provided by section 1658(b) of title 28, United States Code, as added by this section, shall apply to all proceedings addressed by this section that are commenced on or after the date of enactment of this Act [].”

Effective Date

Pub. L. 101–650, title III, § 313(c), , 104 Stat. 5115, provided that: “The amendments made by this section [enacting this section] shall apply with respect to causes of action accruing on or after the date of the enactment of this Act [].”

No Creation of Actions

Pub. L. 107–204, title VIII, § 804(c), , 116 Stat. 801, provided that: “Nothing in this section [amending this section and enacting provisions set out as a note under this section] shall create a new, private right of action.”

Credits

1990–2002 · 2 acts
  1. 1990Added Pub. L. 101–650, title III, § 313(a), , 104 Stat. 5114
  2. 2002amended Pub. L. 107–204, title VIII, § 804(a), , 116 Stat. 801.
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(Added Pub. L. 101–650, title III, § 313(a), , 104 Stat. 5114; amended Pub. L. 107–204, title VIII, § 804(a), , 116 Stat. 801.)

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