§ 2501. Time for filing suit

Statutory text

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 Government Accountability Office fails to act within six months after receiving the account.

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.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2501
June 25, 1948, ch. 646, 62 Stat. 976
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 976
1982
Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 139(a) · 96 Stat. 25
Substituted · 28 U.S.C. § 2501
Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”
Source evidence
Code amendment note
Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.
Enacted provision · exact public law section
(a) Sections 2501 and 2502(a) of title 28, United States Code, are amended by striking out “Court of Claims” each place it appears and inserting in lieu thereof “United States Claims Court”.
1992
Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(a)(1) · 106 Stat. 4506
Substituted · 28 U.S.C. § 2501
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”
Source evidence
Code amendment note
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
Enacted provision · exact public law section
(1) by striking “United States Claims Court” each place it appears and inserting “United States Court of Federal Claims”; and
Effective date note
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.
2004
GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 8(b) · 118 Stat. 811
Substituted · 28 U.S.C. § 2501
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in last par
Source evidence
Code amendment note
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in last par.
Enacted provision · exact public law section
(b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 250(2), 250a, and 262 (Mar. 3, 1911, ch. 231, §§ 145, 156, 36 Stat. 1136, 1139; June 10, 1921, ch. 18, § 304, 42 Stat. 24; Aug. 30, 1935, ch. 831, § 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.

Editorial Notes

Amendments1954–2004 · 4 rounds

2004

Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in last par.

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.

Statutory Notes and Related Subsidiaries

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.

Credits

1948–2004 · 5 acts

1948June 25, 1948, ch. 646, 62 Stat. 976
1954Sept. 3, 1954, ch. 1263, § 52, 68 Stat. 1246
1982Pub. L. 97–164, title I, § 139(a), Apr. 2, 1982, 96 Stat. 42
1992Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516
2004Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.

Show as published

(June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263, § 52, 68 Stat. 1246; Pub. L. 97–164, title I, § 139(a), Apr. 2, 1982, 96 Stat. 42; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)