Laws: Cases and Codes : U.S. Code : Title 28 : Section 2401
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U.S. Code as of:
01/19/04
Section 2401 - Notes
SOURCE
(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.
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.
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
15346; title 45 section 1203; title 49 sections 44309, 44922; title
50 section 2783.
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