28 U.S.C. § 2401 — Time for commencing action against

Page 595 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2401 them from instituting or prosecuting any pro- ceeding in any State or United States court af- fecting the property, instrument or obligation involved in the interpleader action until further order of the court. Such process and order shall be returnable at such time as the court or judge thereof directs, and shall be addressed to and served by the United States marshals for the re- spective districts where the claimants reside or may be found. Such district court shall hear and determine the case, and may discharge the plaintiff from further liability, make the injunction perma- nent, and make all appropriate orders to enforce its judgment. (June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949, ch. 139, § 117, 63 Stat. 105.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 41(26) (Mar. 3, 1911, ch. 231, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 1, 49 Stat. 1096). Jurisdiction and venue provisions of section 41(26) of title 28, U.S.C., 1940 ed., appear in sections 1335 and 1397 of this title. Subsection (e) of section 41(26) of title 28, U.S.C., 1940 ed., relating to defense in nature of interpleader and joinder of additional parties, was omitted as unneces- sary, such matters being governed by the Federal Rules of Civil Procedure. Words, ‘‘Notwithstanding any provision of part I of this title to the contrary’’ were omitted as unneces- sary, since the revised title contains no ‘‘contrary pro- visions.’’ Changes were made in phraseology. 1949 ACT This section makes clear that section 2361 of title 28, U.S.C., applies only to statutory actions and not to general equity interpleader suits in which the jurisdic- tional amount and diversity of citizenship require- ments are the same as in other diversity cases. Editorial Notes AMENDMENTS 1949—Act May 24, 1949, substituted ‘‘In any civil ac- tion of interpleader or in the nature of interpleader under section 1335 under this title’’ for ‘‘In any inter- pleader action,’’, and inserted ‘‘or prosecuting’’ be- tween ‘‘instituting’’ and ‘‘any proceeding’’. CHAPTER 161—UNITED STATES AS PARTY GENERALLY Sec. 2401. Time for commencing action against United States. 2402. Jury trial in actions against United States. 2403. Intervention by United States or a State; constitutional question. 2404. Death of defendant in damage action. 2405. Garnishment. 2406. Credits in actions by United States; prior dis- allowance. 2407. Delinquents for public money; judgment at return term; continuance. 2408. Security not required of United States. 2409. Partition actions involving United States. 2409a. Real property quiet title actions. 2410. Actions affecting property on which United States has lien. 2411. Interest. 2412. Costs and fees. 2413. Executions in favor of United States. Sec. 2414. Payment of judgments and compromise set- tlements. 2415. Time for commencing actions brought by the United States. 2416. Time for commencing actions brought by the United States—Exclusions. HISTORICAL AND REVISION NOTES 1949 ACT This section amends the analysis of chapter 161 of title 28, U.S.C., to conform item 2411 therein with the catch line of section 2411 of such title as amended by another section of this bill. Editorial Notes AMENDMENTS 1980—Pub. L. 96–481, title II, § 204(b), Oct. 21, 1980, 94 Stat. 2329, substituted ‘‘Costs and fees’’ for ‘‘Costs’’ in item 2412. 1976—Pub. L. 94–381, § 6, Aug. 12, 1976, 90 Stat. 1120, in- serted ‘‘or a State’’ after ‘‘United States’’ in item 2403. 1972—Pub. L. 92–562, § 3(b), Oct. 25, 1972, 86 Stat. 1177, added item 2409a. 1966—Pub. L. 89–505, § 2, July 18, 1966, 80 Stat. 305, added items 2415 and 2416. 1961—Pub. L. 87–187, § 2, Aug. 30, 1961, 75 Stat. 416, sub- stituted ‘‘and compromise settlements’’ for ‘‘against the United States’’ in item 2414. 1954—Act July 30, 1954, ch. 648, § 2(b), 68 Stat. 589, struck out ‘‘denied’’ in item 2402. 1949—Act May 24, 1949, ch. 139, § 118, 63 Stat. 105, sub- stituted ‘‘Interest’’ for ‘‘Interest on judgments against United States’’ in item 2411. § 2401. Time for commencing action against United States (a) Except as provided by chapter 71 of title 41, every civil action commenced against the United States shall be barred unless the com- plaint is filed within six years after the right of action first accrues. The action of any person under legal disability or beyond the seas at the time the claim accrues may be commenced within three years after the disability ceases. (b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency with- in two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of no- tice of final denial of the claim by the agency to which it was presented. (June 25, 1948, ch. 646, 62 Stat. 971; Apr. 25, 1949, ch. 92, § 1, 63 Stat. 62; Pub. L. 86–238, § 1(3), Sept. 8, 1959, 73 Stat. 472; Pub. L. 89–506, § 7, July 18, 1966, 80 Stat. 307; Pub. L. 95–563, § 14(b), Nov. 1, 1978, 92 Stat. 2389; Pub. L. 111–350, § 5(g)(8), Jan. 4, 2011, 124 Stat. 3848.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(20), 942 (Mar. 3, 1911, ch. 231, § 24, part 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136, § 1310(c), 42 Stat. 311; June 2, 1924, 4:01 p.m., ch. 234, § 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb. 26, 1926, ch. 27, §§ 1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946, ch. 753, § 420, 60 Stat. 845). Section consolidates provision in section 41(20) of title 28, U.S.C., 1940 ed., as to time limitation for bring- ing 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 enact- ment of this Act whichever is later’’, in section 942 of title 28, U.S.C., 1940 ed., were omitted as executed. Page 596 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2402 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 per- sons 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.’’ (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 cumula- tively’’ 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 men- tioned 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. SENATE REVISION AMENDMENT Subsection (b) amended in the Senate to insert the 1 year limitation on the bringing of tort actions and to include the limitation upon the time in which tort claims not exceeding $1000 must be presented to the ap- propriate Federal agencies for administrative disposi- tion. 80th Congress Senate Report No. 1559, Amendment No. 48. Editorial Notes AMENDMENTS 2011—Subsec. (a). Pub. L. 111–350 substituted ‘‘chapter 71 of title 41’’ for ‘‘the Contract Disputes Act of 1978’’. 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 adminis- trative action and substituted provisions requiring presentation of all tort claims to the appropriate Fed- eral 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 limita- tion on bringing tort actions from 1 year to 2 years. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–563 effective with respect to contracts entered into 120 days after Nov. 1, 1978, and, at the election of the contractor, with respect to any claim pending at such time before the contracting officer or initiated thereafter, see section 16 of Pub. L. 95–563, Nov. 1, 1978, 92 Stat. 2391, formerly set out as an Effective Date note under section 601 of former Title 41, Public Contracts. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–506 applicable to claims ac- cruing six months or more after July 18, 1966, see sec- tion 10 of Pub. L. 89–506, set out as a note under section 2672 of this title. § 2402. Jury trial in actions against United States Subject to chapter 179 of this title, any action against the United States under section 1346 shall be tried by the court without a jury, ex- cept that any action against the United States under section 1346(a)(1) shall, at the request of either party to such action, be tried by the court with a jury. (June 25, 1948, ch. 646, 62 Stat. 971; July 30, 1954, ch. 648, § 2(a), 68 Stat. 589; Pub. L. 104–331, § 3(b)(3), Oct. 26, 1996, 110 Stat. 4069.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(20), 931(a) (Mar. 3, 1911, ch. 231, § 24, par. 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136, § 1310(c), 42 Stat. 311; June 2, 1924, 4:01 p.m., ch. 234, § 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb. 26, 1926, ch. 27, §§ 1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946, ch. 753, § 410(a), 60 Stat. 843). Section consolidates non-jury provisions of sections 41(20) and 931(a) of title 28, U.S.C., 1940 ed. For other provisions of said section 931(a) relating to tort claims, see Distribution Table. Word ‘‘actions’’ was substituted for ‘‘suits’’, in view of Rule 2 of the Federal Rules of Civil Procedure. Provisions of title 28, U.S.C., 1940 ed., § 41(20) relating to jurisdiction of district courts and time for bringing actions against the United States are the basis of sec- tions 1346 and 2401 of this title. Editorial Notes AMENDMENTS 1996—Pub. L. 104–331 substituted ‘‘Subject to chapter 179 of this title, any action’’ for ‘‘Any action’’. 1954—Act July 30, 1954, permitted a jury trial at the request of either party in actions under section 1346(a)(1) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–331 effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as an Effec- tive Date note under section 1296 of this title. § 2403. Intervention by United States or a State; constitutional question (a) In any action, suit or proceeding in a court of the United States to which the United States or any agency, officer or employee thereof is not a party, wherein the constitutionality of any Act of Congress affecting the public interest is drawn in question, the court shall certify such fact to the Attorney General, and shall permit the United States to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality. The United States shall, sub- ject to the applicable provisions of law, have all the rights of a party and be subject to all liabil- ities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the question of constitu- tionality. (b) In any action, suit, or proceeding in a court of the United States to which a State or any agency, officer, or employee thereof is not a party, wherein the constitutionality of any stat- ute of that State affecting the public interest is drawn in question, the court shall certify such fact to the attorney general of the State, and shall permit the State to intervene for presen- tation of evidence, if evidence is otherwise ad- missible in the case, and for argument on the question of constitutionality. The State shall,