An Act to establish a statute of limitations for certain actions brought by the Government
PL 89-505 (H.R.13652), enacted 07/18/1966

304 
PUBLIC LAW 89-505-JULY 18, 1966 
[80 STAT. 
ing and service in the Armed Forces of the United States or discharged 
from hospitalization following such training and service, shall include 
the period provided by law for the mandatory restoration of such 
individual to a position in or under the Federal Government or the 
municipal government of the District of Columbia. 
(c) For the purpose of determining the amount of insurance for 
which an individual is eligible under the Federal Employees' Group 
l^^sc\o9i' 
I^if® Insurance Act of 1954, all changes in rates of compensation or 
note. 
salary which result from the enactment of this Act shall be held and 
considered to be effective as of the date of such enactment. 
Approved July 18, 1966, 7:26 p.m. 
Public Law 89-505 
July 18, 1966 
AN ACT 
[H. R. 13652] 
rpQ establish a statute of limitations for certain actions brought by 
the Government. 
Statute of limi 
tations 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That title 28 of 
Establishment 
the United States Code is amended by adding thereto the following 
for certain ac- 
^yy^ 
j-^g^y SectloUS I 
tions. 
"§2415. Time for commencing actions brought by the United 
States 
"(a) Subject to the provisions of section 2416 of this title, 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 m 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. 
"(b) Subject to the provisions of section 2416 of this title, 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 a tort shall be barred unless the complaint is 
filed within three years after the right of action first accrues: Pro-
vided, That an action to recover damages resulting from a trespass on 
lands of the United States, including trust or restricted Indian lands; 
an action to recover damages resulting from fire to such lands; an 
action to recover for diversion of money paid under a grant program; 
and an action for conversion of property of the United States may be 
brought within six years after the right of action accrues. 
"(c) Nothing herein shall be deemed to limit the time for bringing 
an action to establish the title to, or right of possession of, real or 
personal property. 
" (d) Subject to the provisions of section 2416 of this title and except 
as otherwise provided by Congress, every action for the recovery of 
money erroneously paid to or on behalf of any civilian employee of 
any agency of the United States or to or on belialf of any member or 
dependent of any member of the uniformed services of the United 
80 STAT. ] 
PUBLIC LAW 89-505-JULY 18, 1966 
305 
States, incident to the employment or services of such employee or 
member, shall be barred unless the complaint is filed within six years 
after the right of action accrues: Provided^ That in the event of later 
j)artial payment or written acknowledgment of debt, the right of 
action shall be deemed to accrue again at the time of each such pay-
ment or acknowledgment. 
"(e) In the event that any action to which this section applies is 
timely brought and is thereafter dismissed without prejudice, tlie 
action may be recommenced within one year after such dismissal, 
regardless of whether the action would otherwise then be barred by 
this section. In any action so recommenced the defendant shall not 
be barred from interposing any claim which would not have been 
barred in the original action. 
"(f) The provisions of this section shall not prevent the assertion, 
in an action against the United States or an officer or agency thereof, 
of any claim of the United States or an officer or agency thereof against 
an opposing party, a co-party, or a third party that arises out of the 
transaction or occurrence that is the subject matter of the opposing 
party's claim. A claim of the United States or an officer or agency 
thereof that does not arise out of the transaction or occurrence that is 
the subject matter of the opposing party's claim may, if time-barred, 
be asserted only by way of offset and may be allowed in an amount not 
to exceed the amount of the opposing party's recovery. 
"(g) Any right of action subject to the provisions of this section 
which accrued prior to the date of enactment of this Act shall, for 
purposes of this section, be deemed to have accrued on the date of 
enactment of this Act. 
"(h) Nothing in this Act shall apply to actions brought under the 
Internal Revenue Code or incidental to the collection of taxes imposed 
by the United States. 
"§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 Com-
monwealth 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." 
SEC. 2. The table of sections at the head of chapter 161 of title 28 
of the United States Code is amended by adding at the end thereof 
the following items: 
"2415. Time for commencing actions brought by the United States. 
"2416. Time for commencing actions brought by the United States—Exclusions." 
Approved July 18, 1966, 7:30 p.m.