28 U.S.C. § 2501 — Time for filing suit

Page 616 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2501 1 So in original. Does not conform to section catchline. under subparagraph (A) on any ground that is the subject of parallel litigation involving the same property that is pending in a for- eign court. (e) FINALITY OF FOREIGN FINDINGS.—In enter- ing orders to enforce the judgment, the court shall be bound by the findings of fact to the ex- tent that they are stated in the foreign for- feiture or confiscation judgment. (f) CURRENCY CONVERSION.—The rate of ex- change in effect at the time the suit to enforce is filed by the foreign nation shall be used in calculating the amount stated in any forfeiture or confiscation judgment requiring the payment of a sum of money submitted for registration. (Added Pub. L. 106–185, § 15(a), Apr. 25, 2000, 114 Stat. 219; amended Pub. L. 107–56, title III, § 323, Oct. 26, 2001, 115 Stat. 315; Pub. L. 111–342, § 2, Dec. 22, 2010, 124 Stat. 3607.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsecs. (c)(2)(C) and (d)(2), are set out in the Appendix to this title. AMENDMENTS 2010—Subsec. (d)(3)(A). Pub. L. 111–342 amended sub- par. (A) generally. Prior to amendment, text read as follows: ‘‘To preserve the availability of property sub- ject to a foreign forfeiture or confiscation judgment, the Government may apply for, and the court may issue, a restraining order pursuant to section 983(j) of title 18, at any time before or after an application is filed pursuant to subsection (c)(1) of this section.’’ 2001—Subsec. (a)(2)(A). Pub. L. 107–56, § 323(4), inserted ‘‘, any violation of foreign law that would constitute a violation or an offense for which property could be for- feited under Federal law if the offense were committed in the United States’’ after ‘‘United Nations Conven- tion’’. Subsec. (b)(1)(C). Pub. L. 107–56, § 323(2), substituted ‘‘establishing that the foreign nation took steps, in ac- cordance with the principles of due process, to give no- tice of the proceedings to all persons with an interest in the property in sufficient time to enable such per- sons’’ for ‘‘establishing that the defendant received no- tice of the proceedings in sufficient time to enable the defendant’’. Subsec. (d)(1)(D). Pub. L. 107–56, § 323(3), substituted ‘‘the foreign nation did not take steps, in accordance with the principles of due process, to give notice of the proceedings to a person with an interest in the prop- erty’’ for ‘‘the defendant in the proceedings in the for- eign court did not receive notice’’. Subsec. (d)(3). Pub. L. 107–56, § 323(1), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any forfeiture proceeding com- menced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as an Effective Date of 2000 Amendment note under section 1324 of Title 8, Aliens and Nationality. CHAPTER 165—UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE Sec. 2501. Time for filing suit. 2502. Aliens’ privilege to sue. 2503. Proceedings generally. 2504. Plaintiff’s testimony. Sec. 2505. Trial before judges. 2506. Interest of witness. 2507. Calls and discovery. 2508. Counterclaim or set-off.1 2509. Congressional reference cases. 2510. Referral of cases by Comptroller General. 2511. Accounts of officers, agents or contractors. 2512. Disbursing officers; relief. 2513. Unjust conviction and imprisonment. 2514. Forfeiture of fraudulent claims. 2515. New trial, stay of judgment.1 2516. Interest on claims and judgments. 2517. Payment of judgments. [2518. Repealed.] 2519. Conclusiveness of judgment. [2520. Repealed.] 2521. Subpoenas and incidental powers. 2522. Notice of appeal. Editorial Notes AMENDMENTS 2000—Pub. L. 106–518, title II, § 207, Nov. 13, 2000, 114 Stat. 2414, struck out item 2520 ‘‘Fees’’. 1992—Pub. L. 102–572, title IX, §§ 902(a)(1), 910(b), Oct. 29, 1992, 106 Stat. 4516, 4520, substituted ‘‘UNITED STATES COURT OF FEDERAL CLAIMS’’ for ‘‘UNITED STATES CLAIMS COURT’’ in chapter head- ing and inserted ‘‘and incidental powers’’ in item 2521. 1982—Pub. L. 97–164, title I, § 139(b)(2), (i)(2), (l), (n)(4), (o)(2), (q)(2), Apr. 2, 1982, 96 Stat. 42–44, substituted ‘‘UNITED STATES CLAIMS COURT’’ for ‘‘COURT OF CLAIMS’’ in chapter heading, substituted ‘‘Proceedings generally’’ for ‘‘Proceedings before commissioners gen- erally’’ in item 2503, substituted ‘‘Referral of cases by Comptroller General’’ for ‘‘Referral of cases by the Comptroller General or the head of an executive de- partment or agency’’ in item 2510, struck out item 2518 ‘‘Certification of judgments for appropriation’’, sub- stituted ‘‘Fees’’ for ‘‘Fees; cost of printing record’’ in item 2520, and added item 2522. 1978—Pub. L. 95–563, § 14(h)(2)(B), Nov. 1, 1978, 92 Stat. 2390, inserted ‘‘or the head of an executive department or agency’’ after ‘‘Comptroller General’’ in item 2510. 1954—Act Sept. 3, 1954, ch. 1263, §§ 46, 54(c), 55(d), 59(b), 68 Stat. 1243, 1247, 1248, substituted ‘‘Trial before judges’’ for ‘‘Place of taking evidence’’ in item 2505, and ‘‘Calls and discovery,’’ for ‘‘Calls on departments for in- formation’’ in item 2507, rephrased item 2510, and added item 2521. § 2501. Time for filing suit 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. (June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263, § 52, 68 Stat. 1246; Pub. L. 97–164, title I, Page 617 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2503 § 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.) 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 ac- crued; 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 gen- eral 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 AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability 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. § 2502. Aliens’ privilege to sue (a) Citizens or subjects of any foreign govern- ment which accords to citizens of the United States the right to prosecute claims against their government in its courts may sue the United States in the United States Court of Fed- eral Claims if the subject matter of the suit is otherwise within such court’s jurisdiction. (b) See section 7422(f) of the Internal Revenue Code of 1986 for exception with respect to suits involving internal revenue taxes. (June 25, 1948, ch. 646, 62 Stat. 976; Pub. L. 89–713, § 3(b), Nov. 2, 1966, 80 Stat. 1108; Pub. L. 97–164, title I, § 139(a), Apr. 2, 1982, 96 Stat. 42; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 261 (Mar. 3, 1911, ch. 231, § 155, 36 Stat. 1139). Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 7422(f) of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section 7422(f) of Title 26, Internal Revenue Code. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1986—Subsec. (b). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1982—Subsec. (a). Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. 1966—Pub. L. 89–713 designated existing provisions as subsec. (a) and added subsec. (b). 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. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–713 applicable to suits brought against officers, employees, or personal rep- resentatives instituted 90 days or more after Nov. 2, 1966, see section 3(d) of Pub. L. 89–713, set out as a note under section 7422 of Title 26, Internal Revenue Code. § 2503. Proceedings generally (a) Parties to any suit in the United States Court of Federal Claims may appear before a judge of that court in person or by attorney, produce evidence, and examine witnesses. (b) The proceedings of the Court of Federal Claims shall be in accordance with such rules of practice and procedure (other than the rules of evidence) as the Court of Federal Claims may prescribe and in accordance with the Federal Rules of Evidence. (c) The judges of the Court of Federal Claims shall fix times for trials, administer oaths or af- firmations, examine witnesses, receive evidence, and enter dispositive judgments. Hearings shall, if convenient, be held in the counties where the witnesses reside. (d) For the purpose of construing sections 1821, 1915, 1920, and 1927 of this title, the United States Court of Federal Claims shall be deemed to be a court of the United States. (June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263, § 53, 68 Stat. 1246; Pub. L. 97–164, title I, § 139(b)(1), Apr. 2, 1982, 96 Stat. 42; Pub. L. 102–572, title IX, §§ 902(a), 909, Oct. 29, 1992, 106 Stat. 4516, 4519.)