Notes on 28 U.S.C. § 2501 : US Code - Notes

Search Notes on 28 U.S.C. § 2501 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263,
Sec. 52, 68 Stat. 1246; Pub. L. 97-164, title I, Sec. 139(a), Apr.
2, 1982, 96 Stat. 42; Pub. L. 102-572, title IX, Sec. 902(a)(1),
Oct. 29, 1992, 106 Stat. 4516; Pub. L. 108-271, Sec. 8(b), July 7,
2004, 118 Stat. 814.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Secs. 250(2), 250a, and 262
(Mar. 3, 1911, ch. 231, Secs. 145, 156, 36 Stat. 1136, 1139; June
10, 1921, ch. 18, Sec. 304, 42 Stat. 24; Aug. 30, 1935, ch. 831,
Sec. 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.
AMENDMENTS
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.
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.