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28 U.S.C. § 2416 — Time for commencing actions brought by the United States—Exclusions
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of computing the limitations periods established in section 2415, there shall be excluded all periods during which—
**(a)** the defendant or the res is outside the United States, its territories and possessions, the District of Columbia, or the Commonwealth of Puerto Rico; or
**(b)** the defendant is exempt from legal process because of infancy, mental incompetence, diplomatic immunity, or for any other reason; or
**(c)** facts material to the right of action are not known and reasonably could not be known by an official of the United States charged with the responsibility to act in the circumstances; or
**(d)** the United States is in a state of war declared pursuant to article I, section 8, of the Constitution of the United States.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2416-time-for-commencing-actions-brought-by-the-united-statesexclusions--1a97e35725.md
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Source location: Title 28, Chapter 161, § 2416; chapter-161-united-states-as-party-generally.md
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For the purpose of computing the limitations periods established in section 2415, there shall be excluded all periods during which—
**(a)** the defendant or the res is outside the United States, its territories and possessions, the District of Columbia, or the Commonwealth of Puerto Rico; or
**(b)** the defendant is exempt from legal process because of infancy, mental incompetence, diplomatic immunity, or for any other reason; or
**(c)** facts material to the right of action are not known and reasonably could not be known by an official of the United States charged with the responsibility to act in the circumstances; or
**(d)** the United States is in a state of war declared pursuant to article I, section 8, of the Constitution of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the provisions of [section 2416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2416&num=0&edition=prelim), and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon any contract express or implied in law or fact, shall be barred unless the complaint is filed within six years after the right of action accrues or within one year after final decisions have been rendered in applicable administrative proceedings required by contract or by law, whichever is later: Provided, That in the event of later partial payment or written acknowledgment of debt, the right of action shall be deemed to accrue again at the time of each such payment or acknowledgment: Provided further, That an action for money damages brought by the United States for or on behalf of a recognized tribe, band or group of American Indians shall not be barred unless the complaint is filed more than six years and ninety days after the right of action accrued: Provided further, That an action for money damages which accrued on the date of enactment of this Act in accordance with subsection (g) brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or restricted status, shall not be barred unless the complaint is filed sixty days after the date of publication of the list required by section 4(c) of the Indian Claims Limitation Act of 1982: Provided, That, for those claims that are on either of the two lists published pursuant to the Indian Claims Limitation Act of 1982, any right of action shall be barred unless the complaint is filed withi
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2415
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Federal law — U.S. Code and appendices · legal_authorities
Page 610
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2416
1 So in original.
‘‘(b) Any right of action on claims covered by such
legislation or report shall be barred unless the com-
plaint is filed within 3 years after the date of submis-
sion of such legislation or legislative report to Con-
gress.’’
LEGISLATIVE PROPOSALS RESPECTING APPROPRIATENESS
OF RESOLUTION
BY LITIGATION
OF UNRESOLVED IN-
DIAN CLAIMS
Pub. L. 96–217, § 2, Mar. 27, 1980, 94 Stat. 126, provided
that: ‘‘Not later than June 30, 1981, the Secretary of the
Interior, after consultation with the Attorney General,
shall submit to the Congress legislative proposals to re-
solve those Indian claims subject to the amendments
made by the first section of this Act [amending this
section] that the Secretary of the Interior or the Attor-
ney General believes are not appropriate to resolve by
litigation.’’
§ 2416. Time for commencing actions brought by
the United States—Exclusions
For the purpose of computing the limitations
periods established in section 2415, there shall be
excluded all periods during which—
(a) the defendant or the res is outside the
United States, its territories and possessions,
the District of Columbia, or the Common-
wealth of Puerto Rico; or
(b) the defendant is exempt from legal proc-
ess because of infancy, mental incompetence,
diplomatic immunity, or for any other reason;
or
(c) facts material to the right of action are
not known and reasonably could not be known
by an official of the United States charged
with the responsibility to act in the cir-
cumstances; or
(d) the United States is in a state of war de-
clared pursuant to article I, section 8, of the
Constitution of the United States.
(Added Pub. L. 89–505, § 1, July 18, 1966, 80 Stat.
305.)
CHAPTER 163—F
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