-CITE-

28 USC CHAPTER 161 - UNITED STATES AS PARTY GENERALLY 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-MISC1-

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

disallowance.

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.

2414. Payment of judgments and compromise settlements.

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.

AMENDMENTS

1980 - Pub. L. 96-481, title II, Sec. 204(b), Oct. 21, 1980, 94

Stat. 2329, substituted "Costs and fees" for "Costs" in item 2412.

1976 - Pub. L. 94-381, Sec. 6, Aug. 12, 1976, 90 Stat. 1120,

inserted "or a State" after "United States" in item 2403.

1972 - Pub. L. 92-562, Sec. 3(b), Oct. 25, 1972, 86 Stat. 1177,

added item 2409a.

1966 - Pub. L. 89-505, Sec. 2, July 18, 1966, 80 Stat. 305, added

items 2415 and 2416.

1961 - Pub. L. 87-187, Sec. 2, Aug. 30, 1961, 75 Stat. 416,

substituted "and compromise settlements" for "against the United

States" in item 2414.

1954 - Act July 30, 1954, ch. 648, Sec. 2(b), 68 Stat. 589,

struck out "denied" in item 2402.

1949 - Act May 24, 1949, ch. 139, Sec. 118, 63 Stat. 105,

substituted "Interest" for "Interest on judgments against United

States" in item 2411.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 12 sections 209, 4621; title

42 section 15346.

-End-

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28 USC Sec. 2401 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2401. Time for commencing action against United States

-STATUTE-

(a) Except as provided by the Contract Disputes Act of 1978,

every civil action commenced against the United States shall be

barred unless the complaint 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 within 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 notice of final denial of the claim by the

agency to which it was presented.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 971; Apr. 25, 1949, ch. 92, Sec.

1, 63 Stat. 62; Pub. L. 86-238, Sec. 1(3), Sept. 8, 1959, 73 Stat.

472; Pub. L. 89-506, Sec. 7, July 18, 1966, 80 Stat. 307; Pub. L.

95-563, Sec. 14(b), Nov. 1, 1978, 92 Stat. 2389.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 41(20), 942 (Mar. 3,

1911, ch. 231, Sec. 24, part 20, 36 Stat. 1093; Nov. 23, 1921, ch.

136, Sec. 1310(c), 42 Stat. 311; June 2, 1924, 4:01 p.m., ch. 234,

Sec. 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972;

Feb. 26, 1926, ch. 27, Secs. 1122(c), 1200, 44 Stat. 121, 125; Aug.

2, 1946, ch. 753, Sec. 420, 60 Stat. 845).

Section consolidates provision in section 41(20) of title 28,

U.S.C., 1940 ed., as to time limitation for bringing 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 enactment of this Act

whichever is later", in section 942 of title 28, U.S.C., 1940 ed.,

were omitted as executed.

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 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." (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 cumulatively" 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 mentioned 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 appropriate Federal agencies for

administrative disposition. 80th Congress Senate Report No. 1559,

Amendment No. 48.

-REFTEXT-

REFERENCES IN TEXT

The Contract Disputes Act of 1978, referred to in subsec. (a), is

Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is

classified principally to chapter 9 (Sec. 601 et seq.) of Title 41,

Public Contracts. For complete classification of this Act to the

Code, see Short Title note set out under section 601 of Title 41

and Tables.

-MISC2-

AMENDMENTS

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 administrative action and substituted

provisions requiring presentation of all tort claims to the

appropriate Federal 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 limitation on

bringing tort actions from 1 year to 2 years.

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, set out as an Effective Date note under

section 601 of Title 41, Public Contracts.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-506 applicable to claims accruing six

months or more after July 18, 1966, see section 10 of Pub. L.

89-506, set out as a note under section 2672 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2671, 2679 of this title;

title 30 section 1724; title 41 section 113; title 42 section 2212;

title 45 section 1203; title 49 section 44309.

-End-

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28 USC Sec. 2402 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2402. Jury trial in actions against United States

-STATUTE-

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, except 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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 971; July 30, 1954, ch. 648, Sec.

2(a), 68 Stat. 589; Pub. L. 104-331, Sec. 3(b)(3), Oct. 26, 1996,

110 Stat. 4069.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 41(20), 931(a) (Mar.

3, 1911, ch. 231, Sec. 24, par. 20, 36 Stat. 1093; Nov. 23, 1921,

ch. 136, Sec. 1310(c), 42 Stat. 311; June 2, 1924, 4:01 p.m., ch.

234, Sec. 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat.

972; Feb. 26, 1926, ch. 27, Secs. 1122(c), 1200, 44 Stat. 121, 125;

Aug. 2, 1946, ch. 753, Sec. 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., Sec. 41(20) relating to

jurisdiction of district courts and time for bringing actions

against the United States are the basis of sections 1346 and 2401

of this title.

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.

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 Effective Date note under

section 1296 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 41 section 113; title 42

section 2212.

-End-

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28 USC Sec. 2403 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2403. Intervention by United States or a State; constitutional

question

-STATUTE-

(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, subject to the applicable provisions of

law, have all the rights of a party and be subject to all

liabilities 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 constitutionality.

(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 statute 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 presentation of

evidence, if evidence is otherwise admissible in the case, and for

argument on the question of constitutionality. The State shall,

subject to the applicable provisions of law, have all the rights of

a party and be subject to all liabilities 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 constitutionality.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 971; Pub. L. 94-381, Sec. 5, Aug.

12, 1976, 90 Stat. 1120.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 401 (Aug. 24, 1937, ch.

754, Sec. 1, 50 Stat. 751).

Word "action" was added before "suit or proceeding", in view of

Rule 2 of the Federal Rules of Civil Procedure.

Since this section applies to all Federal courts, the word "suit"

was not required to be deleted by such rule.

"Court of the United States" is defined in section 451 of this

title. Direct appeal from decisions invalidating Acts of Congress

is provided by section 1252 of this title.

Changes were made in phraseology.

AMENDMENTS

1976 - Pub. L. 94-381, Sec. 5(b), inserted "or a State" after

"United States" in section catchline.

Subsecs. (a), (b). Pub. L. 94-381, Sec. 5(a), designated existing

provisions as subsec. (a) and added subsec. (b).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-381 not applicable to any action

commenced on or before Aug. 12, 1976, see section 7 of Pub. L.

94-381, set out as a note under section 2284 of this title.

-End-

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28 USC Sec. 2404 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2404. Death of defendant in damage action

-STATUTE-

A civil action for damages commenced by or on behalf of the

United States or in which it is interested shall not abate on the

death of a defendant but shall survive and be enforceable against

his estate as well as against surviving defendants.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 971.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 780a (June 16, 1933,

ch. 103, 48 Stat. 311).

Substitution of parties, see rule 25(a) of the Federal Rules of

Civil Procedure.

Changes in phraseology were made.

-End-

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28 USC Sec. 2405 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2405. Garnishment

-STATUTE-

In any action or suit commenced by the United States against a

corporation for the recovery of money upon a bill, note, or other

security, the debtors of the corporation may be summoned as

garnishees. Any person so summoned shall appear in open court and

depose in writing to the amount of his indebtedness to the

corporation at the time of the service of the summons and at the

time of making the deposition, and judgment may be entered in favor

of the United States for the sum admitted by the garnishee to be

due the corporation as if it had been due the United States. A

judgment shall not be entered against any garnishee until after

judgment has been rendered against the corporation, nor until the

sum in which the garnishee is indebted is actually due.

When any garnishee deposes in open court that he is not and was

not at the time of the service of the summons indebted to the

corporation, an issue may be tendered by the United States upon

such deposition. If, upon the trial of that issue, a verdict is

rendered against the garnishee, judgment shall be entered in favor

of the United States, pursuant to such verdict, with costs.

Any garnishee who fails to appear at the term to which he is

summoned shall be subject to attachment for contempt.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 971.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 748, 749, and 750

(R.S. Secs. 935, 936, 937).

Changes were made in phraseology.

-End-

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28 USC Sec. 2406 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2406. Credits in actions by United States; prior disallowance

-STATUTE-

In an action by the United States against an individual, evidence

supporting the defendant's claim for a credit shall not be admitted

unless he first proves that such claim has been disallowed, in

whole or in part, by the General Accounting Office, or that he has,

at the time of the trial, obtained possession of vouchers not

previously procurable and has been prevented from presenting such

claim to the General Accounting Office by absence from the United

States or unavoidable accident.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 972.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 774 (R.S., Secs. 236,

951; June 10, 1921, ch. 18, Secs. 304, 305, 42 Stat. 24).

Word "action" was substituted for "suits", in view of Rule 2 of

the Federal Rules of Civil Procedure.

Section 774 of title 28, U.S.C., 1940 ed., provided that "no

claim for a credit shall be admitted, upon trial", etc. This was

changed to "evidence supporting the defendant's claim for a credit

shall not be admitted", to clarify the meaning of the section. The

case of U.S. v. Heard, D.C.Va. 1940, 32 F.Supp. 39, reviews the

conflicting decisions on the question whether compliance with the

section must be pleaded, and offers persuasive argument that it

need not be, and that the section was designed as a rule of

evidence. The wording of the remainder of the section also supports

this conclusion, as pointed out by Judge Learned Hand in U.S. v.

Standard Aircraft Corp., D.C.N.Y. 1926, 16 F.2d 307, followed in

the Heard case.

Changes in phraseology were made.

-End-

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28 USC Sec. 2407 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2407. Delinquents for public money; judgment at return term;

continuance

-STATUTE-

In an action by the United States against any person accountable

for public money who fails to pay into the Treasury the sum

reported due the United States, upon the adjustment of his account

the court shall grant judgment upon motion unless a continuance is

granted as specified in this section.

A continuance may be granted if the defendant, in open court and

in the presence of the United States attorney, states under oath

that he is equitably entitled to credits which have been disallowed

by the General Accounting Office prior to the commencement of the

action, specifying each particular claim so rejected, and stating

that he cannot safely come to trial.

A continuance may also be granted if such an action is commenced

on a bond or other sealed instrument and the court requires the

original instrument to be produced.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 972.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 781 (R.S. Sec. 957;

June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).

Word "action" was substituted for "suit", in view of Rule 2 of

the Federal Rules of Civil Procedure.

Words "court requires the original instrument to be produced"

were substituted for "defendant pleads non est factum, verifying

such plea or motion by his oath, and the court thereupon requires

the production of the original bond, contract, or other paper

certified in the affidavit". The plea of non est factum is obsolete

under Rule 7(c) of the Federal Rules of Civil Procedure.

Furthermore, the words deleted are superfluous, since a court would

not require the production of an original instrument unless the

proper procedure were taken to require such production.

Changes were made in phraseology.

-End-

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28 USC Sec. 2408 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2408. Security not required of United States

-STATUTE-

Security for damages or costs shall not be required of the United

States, any department or agency thereof or any party acting under

the direction of any such department or agency on the issuance of

process or the institution or prosecution of any proceeding.

Costs taxable, under other Acts of Congress, against the United

States or any such department, agency or party shall be paid out of

the contingent fund of the department or agency which directed the

proceedings to be instituted.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 972.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 870 (R.S. Sec. 1001;

Mar. 3, 1911, ch. 231, Secs. 117, 289, 36 Stat. 1131, 1167; Jan.

31, 1928, ch. 14, Sec. 1, 45 Stat. 54; June 19, 1934, ch. 653, Sec.

7, 48 Stat. 1109).

Section 870 of title 28, U.S.C., 1940 ed., applied only to the

Supreme Court and district courts. The revised section applies to

all courts.

Words "process or the institution or prosecution of any

proceeding" were substituted for "appeal, or other process in law,

admiralty, or equity."

Word "agency" was substituted for "any corporation all the stock

of which is beneficially owned by the United States, either

directly or indirectly", in view of the creation of many

independent governmental agencies since the enactment of the

original law on which this section is based.

Changes were made in phraseology.

-End-

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28 USC Sec. 2409 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2409. Partition actions involving United States

-STATUTE-

Any civil action by any tenant in common or joint tenant owning

an undivided interest in lands, where the United States is one of

such tenants in common or joint tenants, against the United States

alone or against the United States and any other of such owners,

shall proceed, and be determined, in the same manner as would a

similar action between private persons.

Whenever in such action the court orders a sale of the property

or any part thereof the Attorney General may bid for the same in

behalf of the United States. If the United States is the purchaser,

the amount of the purchase money shall be paid from the Treasury

upon a warrant drawn by the Secretary of the Treasury on the

requisition of the Attorney General.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 972.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 766 (May 17, 1898, ch.

339, Secs. 1, 2, 30 Stat. 416).

Provisions relating to service or commencement of the action and

duty of United States attorneys to appear, defend, and file answer

were omitted as surplusage and covered by Rules 2, 3, and 4 of the

Federal Rules of Civil Procedure and section 507 of this title.

Words "shall proceed, and be determined, in the same manner as

would a similar action between private persons" were substituted

for "shall proceed as other cases for partition by courts of

equity, and in making such partition the court shall be governed by

the same principles of equity that control courts of equity, in

partition proceedings between private persons," in view of Rule 2

of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

-End-

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28 USC Sec. 2409a 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2409a. Real property quiet title actions

-STATUTE-

(a) The United States may be named as a party defendant in a

civil action under this section to adjudicate a disputed title to

real property in which the United States claims an interest, other

than a security interest or water rights. This section does not

apply to trust or restricted Indian lands, nor does it apply to or

affect actions which may be or could have been brought under

sections 1346, 1347, 1491, or 2410 of this title, sections 7424,

7425, or 7426 of the Internal Revenue Code of 1986, as amended (26

U.S.C. 7424, 7425, and 7426), or section 208 of the Act of July 10,

1952 (43 U.S.C. 666).

(b) The United States shall not be disturbed in possession or

control of any real property involved in any action under this

section pending a final judgment or decree, the conclusion of any

appeal therefrom, and sixty days; and if the final determination

shall be adverse to the United States, the United States

nevertheless may retain such possession or control of the real

property or of any part thereof as it may elect, upon payment to

the person determined to be entitled thereto of an amount which

upon such election the district court in the same action shall

determine to be just compensation for such possession or control.

(c) No preliminary injunction shall issue in any action brought

under this section.

(d) The complaint shall set forth with particularity the nature

of the right, title, or interest which the plaintiff claims in the

real property, the circumstances under which it was acquired, and

the right, title, or interest claimed by the United States.

(e) If the United States disclaims all interest in the real

property or interest therein adverse to the plaintiff at any time

prior to the actual commencement of the trial, which disclaimer is

confirmed by order of the court, the jurisdiction of the district

court shall cease unless it has jurisdiction of the civil action or

suit on ground other than and independent of the authority

conferred by section 1346(f) of this title.

(f) A civil action against the United States under this section

shall be tried by the court without a jury.

(g) Any civil action under this section, except for an action

brought by a State, shall be barred unless it is commenced within

twelve years of the date upon which it accrued. Such action shall

be deemed to have accrued on the date the plaintiff or his

predecessor in interest knew or should have known of the claim of

the United States.

(h) No civil action may be maintained under this section by a

State with respect to defense facilities (including land) of the

United States so long as the lands at issue are being used or

required by the United States for national defense purposes as

determined by the head of the Federal agency with jurisdiction over

the lands involved, if it is determined that the State action was

brought more than twelve years after the State knew or should have

known of the claims of the United States. Upon cessation of such

use or requirement, the State may dispute title to such lands

pursuant to the provisions of this section. The decision of the

head of the Federal agency is not subject to judicial review.

(i) Any civil action brought by a State under this section with

respect to lands, other than tide or submerged lands, on which the

United States or its lessee or right-of-way or easement grantee has

made substantial improvements or substantial investments or on

which the United States has conducted substantial activities

pursuant to a management plan such as range improvement, timber

harvest, tree planting, mineral activities, farming, wildlife

habitat improvement, or other similar activities, shall be barred

unless the action is commenced within twelve years after the date

the State received notice of the Federal claims to the lands.

(j) If a final determination in an action brought by a State

under this section involving submerged or tide lands on which the

United States or its lessee or right-of-way or easement grantee has

made substantial improvements or substantial investments is adverse

to the United States and it is determined that the State's action

was brought more than twelve years after the State received notice

of the Federal claim to the lands, the State shall take title to

the lands subject to any existing lease, easement, or right-of-way.

Any compensation due with respect to such lease, easement, or

right-of-way shall be determined under existing law.

(k) Notice for the purposes of the accrual of an action brought

by a State under this section shall be -

(1) by public communications with respect to the claimed lands

which are sufficiently specific as to be reasonably calculated to

put the claimant on notice of the Federal claim to the lands, or

(2) by the use, occupancy, or improvement of the claimed lands

which, in the circumstances, is open and notorious.

(l) For purposes of this section, the term "tide or submerged

lands" means "lands beneath navigable waters" as defined in section

2 of the Submerged Lands Act (43 U.S.C. 1301).

(m) Not less than one hundred and eighty days before bringing any

action under this section, a State shall notify the head of the

Federal agency with jurisdiction over the lands in question of the

State's intention to file suit, the basis therefor, and a

description of the lands included in the suit.

(n) Nothing in this section shall be construed to permit suits

against the United States based upon adverse possession.

-SOURCE-

(Added Pub. L. 92-562, Sec. 3(a), Oct. 25, 1972, 86 Stat. 1176;

amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.

L. 99-598, Nov. 4, 1986, 100 Stat. 3351.)

-REFTEXT-

REFERENCES IN TEXT

Section 208 of the Act of July 10, 1952, referred to in subsec.

(a), is section 208(a) to (d) of act July 10, 1952, ch. 651, 66

Stat. 560. Section 208(a) to (c) is classified to section 666 of

Title 43, Public Lands. Section 208(d) is not classified to the

Code.

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

Subsecs. (c) to (n). Pub. L. 99-598 added subsecs. (c) and (h) to

(m), redesignated former subsecs. (c), (d), (e), (f), and (g) as

(d), (e), (f), (g), and (n), respectively, and inserted ", except

for an action brought by a State," in subsec. (g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1346, 1402 of this title.

-End-

-CITE-

28 USC Sec. 2410 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2410. Actions affecting property on which United States has

lien

-STATUTE-

(a) Under the conditions prescribed in this section and section

1444 of this title for the protection of the United States, the

United States may be named a party in any civil action or suit in

any district court, or in any State court having jurisdiction of

the subject matter -

(1) to quiet title to,

(2) to foreclose a mortgage or other lien upon,

(3) to partition,

(4) to condemn, or

(5) of interpleader or in the nature of interpleader with

respect to,

real or personal property on which the United States has or claims

a mortgage or other lien.

(b) The complaint or pleading shall set forth with particularity

the nature of the interest or lien of the United States. In actions

or suits involving liens arising under the internal revenue laws,

the complaint or pleading shall include the name and address of the

taxpayer whose liability created the lien and, if a notice of the

tax lien was filed, the identity of the internal revenue office

which filed the notice, and the date and place such notice of lien

was filed. In actions in the State courts service upon the United

States shall be made by serving the process of the court with a

copy of the complaint upon the United States attorney for the

district in which the action is brought or upon an assistant United

States attorney or clerical employee designated by the United

States attorney in writing filed with the clerk of the court in

which the action is brought and by sending copies of the process

and complaint, by registered mail, or by certified mail, to the

Attorney General of the United States at Washington, District of

Columbia. In such actions the United States may appear and answer,

plead or demur within sixty days after such service or such further

time as the court may allow.

(c) A judgment or decree in such action or suit shall have the

same effect respecting the discharge of the property from the

mortgage or other lien held by the United States as may be provided

with respect to such matters by the local law of the place where

the court is situated. However, an action to foreclose a mortgage

or other lien, naming the United States as a party under this

section, must seek judicial sale. A sale to satisfy a lien inferior

to one of the United States shall be made subject to and without

disturbing the lien of the United States, unless the United States

consents that the property may be sold free of its lien and the

proceeds divided as the parties may be entitled. Where a sale of

real estate is made to satisfy a lien prior to that of the United

States, the United States shall have one year from the date of sale

within which to redeem, except that with respect to a lien arising

under the internal revenue laws the period shall be 120 days or the

period allowable for redemption under State law, whichever is

longer, and in any case in which, under the provisions of section

505 of the Housing Act of 1950, as amended (12 U.S.C. 1701k), and

subsection (d) of section 3720 of title 38 of the United States

Code, the right to redeem does not arise, there shall be no right

of redemption. In any case where the debt owing the United States

is due, the United States may ask, by way of affirmative relief,

for the foreclosure of its own lien and where property is sold to

satisfy a first lien held by the United States, the United States

may bid at the sale such sum, not exceeding the amount of its claim

with expenses of sale, as may be directed by the head (or his

delegate) of the department or agency of the United States which

has charge of the administration of the laws in respect to which

the claim of the United States arises. In any case where the United

States is a bidder at the judicial sale, it may credit the amount

determined to be due it against the amount it bids at such sales.

(d) In any case in which the United States redeems real property

under this section or section 7425 of the Internal Revenue Code of

1986, the amount to be paid for such property shall be the sum of -

(1) the actual amount paid by the purchaser at such sale

(which, in the case of a purchaser who is the holder of the lien

being foreclosed, shall include the amount of the obligation

secured by such lien to the extent satisfied by reason of such

sale),

(2) interest on the amount paid (as determined under paragraph

(1)) at 6 percent per annum from the date of such sale, and

(3) the amount (if any) equal to the excess of (A) the expenses

necessarily incurred in connection with such property, over (B)

the income from such property plus (to the extent such property

is used by the purchaser) a reasonable rental value of such

property.

(e) Whenever any person has a lien upon any real or personal

property, duly recorded in the jurisdiction in which the property

is located, and a junior lien, other than a tax lien, in favor of

the United States attaches to such property, such person may make a

written request to the officer charged with the administration of

the laws in respect of which the lien of the United States arises,

to have the same extinguished. If after appropriate investigation,

it appears to such officer that the proceeds from the sale of the

property would be insufficient to wholly or partly satisfy the lien

of the United States, or that the claim of the United States has

been satisfied or by lapse of time or otherwise has become

unenforceable, such officer may issue a certificate releasing the

property from such lien.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 972; May 24, 1949, ch. 139, Sec.

119, 63 Stat. 105; Pub. L. 85-508, Sec. 12(h), July 7, 1958, 72

Stat. 348; Pub. L. 86-507, Sec. 1(20), June 11, 1960, 74 Stat. 201;

Pub. L. 89-719, title II, Sec. 201, Nov. 2, 1966, 80 Stat. 1147;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

101-647, title XXXVI, Sec. 3630, Nov. 29, 1990, 104 Stat. 4966;

Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L.

104-316, title I, Sec. 114, Oct. 19, 1996, 110 Stat. 3834.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 901, 902, 904, 905

(Mar. 4, 1931, ch. 515, Secs. 1, 2, 4, 5, 46 Stat. 1528, 1529; May

17, 1932, ch. 190, 47 Stat. 158; June 25, 1936, ch. 804, 49 Stat.

1921; June 6, 1940, ch. 242, 54 Stat. 234; Dec. 2, 1942, ch. 656,

Secs. 1-3, 56 Stat. 1026).

Provisions including the districts of Hawaii and Puerto Rico, and

the District Court of the United States for the District of

Columbia, in section 901 of title 28, U.S.C., 1940 ed., were

omitted as covered by "any district court." See section 451 of this

title.

Provisions in section 902 of title 28, U.S.C., 1940 ed., relating

to process, were omitted as covered by Rule 4 of the Federal Rules

of Civil Procedure.

Changes were made in phraseology.

1949 ACT

This amendment conforms the language of section 2410(b) of title

28, U.S.C., with that of the prior law with respect to service of

process and complaint upon the United States in suits brought in

State courts. This is provided for by rule 4(d)(4) of the Federal

Rules of Civil Procedure with respect to such suits in United

States district courts.

-REFTEXT-

REFERENCES IN TEXT

The internal revenue laws, referred to in subsec. (b), are

classified generally to Title 26, Internal Revenue Code.

Section 7425 of the Internal Revenue Code of 1986, referred to in

subsec. (d), is classified to section 7425 of Title 26.

-MISC2-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-316 struck out "shall so report

to the Comptroller General who" after "unenforceable, such officer"

in second sentence.

1991 - Subsec. (c). Pub. L. 102-83 substituted "section 3720 of

title 38" for "section 1820 of title 38".

1990 - Subsec. (c). Pub. L. 101-647 inserted at end "In any case

where the United States is a bidder at the judicial sale, it may

credit the amount determined to be due it against the amount it

bids at such sales."

1986 - Subsec. (d). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

1966 - Subsec. (a). Pub. L. 89-719 substituted "subject matter -

"(1) to quiet title to,

"(2) to foreclose a mortgage or other lien upon,

"(3) to partition,

"(4) to condemn, or

"(5) of interpleader or in the nature of interpleader with

respect to,"

for "subject matter, to quiet title to or for the foreclosure of a

mortgage or other lien upon".

Subsec. (b). Pub. L. 89-719 substituted "complaint or pleading

shall set forth" for "complaint shall set forth", and inserted

sentence requiring the complaint or pleading, in actions or suits

involving liens arising under the internal revenue laws, to include

the name and address of the taxpayer whose liability created the

lien and, if a notice of the tax lien was filed, the identity of

the internal revenue office which filed the notice, and the date

and place such notice of lien was filed.

Subsec. (c). Pub. L. 89-719 substituted "judgment or decree in

such action" for "judicial sale in such action", "discharge of the

property from the mortgage or other lien" for "discharge of the

property from liens and encumbrances", and "place where the court

is situated" for "place where the property is situated", and

inserted provisions requiring an action to foreclose a mortgage or

other lien, in which the United States is named as a party under

this section, to seek a judicial sale, providing that the period of

redemption where a sale is made with respect to a lien arising

under the internal revenue laws is 120 days or the period allowable

for redemption under State law, whichever is longer, and

prohibiting the right of redemption in any case which, under the

provisions of section 1701k of Title 12 and section 1820(d) of

Title 38, the right to redeem does not arise.

Subsecs. (d), (e). Pub. L. 89-719 added subsec. (d) and

redesignated former subsec. (d) as (e).

1960 - Subsec. (b). Pub. L. 86-507 inserted "or by certified

mail," after "registered mail,".

1958 - Subsec. (a). Pub. L. 85-508 struck out provisions which

extended section to District Court for Territory of Alaska. See

section 81A of this title which establishes a United States

District Court for the State of Alaska.

1949 - Subsec. (b). Act May 24, 1949, conformed section with that

of prior law with respect to service of process and complaint upon

the United States in suits brought in State courts.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-647 effective 180 days after Nov. 29,

1990, see section 3631 of Pub. L. 101-647, set out as an Effective

Date note under section 3001 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-719 applicable after Nov. 2, 1966, see

section 203 of Pub. L. 89-719, set out as a note under section 1346

of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission

of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959,

24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of

Pub. L. 85-508, see notes set out under section 81A of this title

and preceding section 21 of Title 48, Territories and Insular

Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1444, 2409a of this

title; title 12 section 1017k; title 26 sections 6327, 7424, 7425,

7437, 7810; title 38 section 3720.

-End-

-CITE-

28 USC Sec. 2411 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2411. Interest

-STATUTE-

In any judgment of any court rendered (whether against the United

States, a collector or deputy collector of internal revenue, a

former collector or deputy collector, or the personal

representative in case of death) for any overpayment in respect of

any internal-revenue tax, interest shall be allowed at the

overpayment rate established under section 6621 of the Internal

Revenue Code of 1986 upon the amount of the overpayment, from the

date of the payment or collection thereof to a date preceding the

date of the refund check by not more than thirty days, such date to

be determined by the Commissioner of Internal Revenue. The

Commissioner is authorized to tender by check payment of any such

judgment, with interest as herein provided, at any time after such

judgment becomes final, whether or not a claim for such payment has

been duly filed, and such tender shall stop the running of

interest, whether or not such refund check is accepted by the

judgment creditor.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 973; May 24, 1949, ch. 139, Sec.

120, 63 Stat. 106; Pub. L. 93-625, Sec. 7(a)(2), Jan. 3, 1975, 88

Stat. 2115; Pub. L. 97-164, title III, Sec. 302(b), Apr. 2, 1982,

96 Stat. 56; Pub. L. 99-514, Sec. 2, title XV, Sec. 1511(c)(18),

Oct. 22, 1986, 100 Stat. 2095, 2746.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 765, 931(a), 932, Mar.

3, 1877, ch. 359, Sec. 10, 24 Stat. 507; Feb. 13, 1925, ch. 229,

Sec. 8, 43 Stat. 940; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54;

Aug. 2, 1946, ch. 753, Secs. 410(a), 411, 60 Stat. 843, 844).

Section consolidates section 765 with provisions of sections

931(a) and 932, all of title 28, U.S.C., 1940 ed., relating to

interest on judgments, the latter two sections being applicable to

judgments in tort claims cases. For other provisions of said

sections 931(a) and 932, see Distribution Table. Said section 932

made the provisions of said section 765 applicable to such

judgments, therefore the provisions of said section 931(a) that

"the United States shall not be liable for interest prior to

judgment" was omitted as covered by the language of said section

765 providing that interest shall be computed from the date of the

judgment.

Provisions of section 765 of title 28, U.S.C., 1940 ed., that

when the findings of fact and the law applicable thereto have been

filed in any case as provided in "section 763" [764] of title 28,

U.S.C., 1940 ed., and the judgment or decree is adverse to the

Government, it shall be the duty of the district attorney to

transmit to the Attorney General of the United States certified

copies of all the papers filed in the cause, with a transcript of

the testimony taken, the written findings of the court, and his

written opinion as to the same, that, whereupon, the Attorney

General shall determine and direct whether an appeal shall be taken

or not, and that, when so directed, the district attorney shall

cause an appeal to be perfected in accordance with the terms of the

statutes and rules of practice governing the same were omitted as

unnecessary and covered by section 507 of this title which provides

for supervision of United States attorneys by the Attorney General.

Words of section 765 of title 28, U.S.C., 1940 ed., "Until the

time when an appropriation is made for the payment of the judgment

or decree" were omitted and words "up to, but not exceeding, thirty

days after the date of approval of any appropriation act providing

for payment of the judgment" were substituted. Substituted words

clarify meaning and are in accord with congressional procedure in

annual deficiency appropriation acts for payment of judgments

against the United States. The substituted words will obviate

necessity of repeating such provisions in appropriation acts.

Changes were made in phraseology.

1949 ACT

This section amends section 2411 of title 28, U.S.C., by

restoring the provisions of section 177 of the former Judicial Code

for the payment of interest on tax refunds.

-REFTEXT-

REFERENCES IN TEXT

Section 6621 of the Internal Revenue Code of 1986, referred to in

text, is classified to section 6621 of Title 26, Internal Revenue

Code.

-MISC2-

AMENDMENTS

1986 - Pub. L. 99-514, Sec. 1511(c)(18), substituted "the

overpayment rate established under section 6621" for "an annual

rate established under section 6621".

Pub. L. 99-514, Sec. 2, substituted "Internal Revenue Code of

1986" for "Internal Revenue Code of 1954".

1982 - Pub. L. 97-164 struck out "(a)" before "In any judgment"

and struck out subsec. (b) which provided that, except as otherwise

provided in subsection (a) of this section, on all final judgments

rendered against the United States in actions instituted under

section 1346 of this title, interest was to be computed at the rate

of 4 per centum per annum from the date of the judgment up to, but

not exceeding, thirty days after the date of approval of any

appropriation Act providing for payment of the judgment.

1975 - Subsec. (a). Pub. L. 93-625 substituted "an annual rate

established under section 6621 of the Internal Revenue Code of

1954" for "the rate of 6 per centum per annum".

1949 - Act May 24, 1949, restored provisions relating to payment

of interest on tax refunds.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable for purposes of

determining interest for periods after Dec. 31, 1986, see section

1511(d) of Pub. L. 99-514, set out as a note under section 6621 of

Title 26, Internal Revenue Code.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 sections 6612, 6622,

7437; title 31 section 1304.

-End-

-CITE-

28 USC Sec. 2412 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2412. Costs and fees

-STATUTE-

(a)(1) Except as otherwise specifically provided by statute, a

judgment for costs, as enumerated in section 1920 of this title,

but not including the fees and expenses of attorneys, may be

awarded to the prevailing party in any civil action brought by or

against the United States or any agency or any official of the

United States acting in his or her official capacity in any court

having jurisdiction of such action. A judgment for costs when taxed

against the United States shall, in an amount established by

statute, court rule, or order, be limited to reimbursing in whole

or in part the prevailing party for the costs incurred by such

party in the litigation.

(2) A judgment for costs, when awarded in favor of the United

States in an action brought by the United States, may include an

amount equal to the filing fee prescribed under section 1914(a) of

this title. The preceding sentence shall not be construed as

requiring the United States to pay any filing fee.

(b) Unless expressly prohibited by statute, a court may award

reasonable fees and expenses of attorneys, in addition to the costs

which may be awarded pursuant to subsection (a), to the prevailing

party in any civil action brought by or against the United States

or any agency or any official of the United States acting in his or

her official capacity in any court having jurisdiction of such

action. The United States shall be liable for such fees and

expenses to the same extent that any other party would be liable

under the common law or under the terms of any statute which

specifically provides for such an award.

(c)(1) Any judgment against the United States or any agency and

any official of the United States acting in his or her official

capacity for costs pursuant to subsection (a) shall be paid as

provided in sections 2414 and 2517 of this title and shall be in

addition to any relief provided in the judgment.

(2) Any judgment against the United States or any agency and any

official of the United States acting in his or her official

capacity for fees and expenses of attorneys pursuant to subsection

(b) shall be paid as provided in sections 2414 and 2517 of this

title, except that if the basis for the award is a finding that the

United States acted in bad faith, then the award shall be paid by

any agency found to have acted in bad faith and shall be in

addition to any relief provided in the judgment.

(d)(1)(A) Except as otherwise specifically provided by statute, a

court shall award to a prevailing party other than the United

States fees and other expenses, in addition to any costs awarded

pursuant to subsection (a), incurred by that party in any civil

action (other than cases sounding in tort), including proceedings

for judicial review of agency action, brought by or against the

United States in any court having jurisdiction of that action,

unless the court finds that the position of the United States was

substantially justified or that special circumstances make an award

unjust.

(B) A party seeking an award of fees and other expenses shall,

within thirty days of final judgment in the action, submit to the

court an application for fees and other expenses which shows that

the party is a prevailing party and is eligible to receive an award

under this subsection, and the amount sought, including an itemized

statement from any attorney or expert witness representing or

appearing in behalf of the party stating the actual time expended

and the rate at which fees and other expenses were computed. The

party shall also allege that the position of the United States was

not substantially justified. Whether or not the position of the

United States was substantially justified shall be determined on

the basis of the record (including the record with respect to the

action or failure to act by the agency upon which the civil action

is based) which is made in the civil action for which fees and

other expenses are sought.

(C) The court, in its discretion, may reduce the amount to be

awarded pursuant to this subsection, or deny an award, to the

extent that the prevailing party during the course of the

proceedings engaged in conduct which unduly and unreasonably

protracted the final resolution of the matter in controversy.

(D) If, in a civil action brought by the United States or a

proceeding for judicial review of an adversary adjudication

described in section 504(a)(4) of title 5, the demand by the United

States is substantially in excess of the judgment finally obtained

by the United States and is unreasonable when compared with such

judgment, under the facts and circumstances of the case, the court

shall award to the party the fees and other expenses related to

defending against the excessive demand, unless the party has

committed a willful violation of law or otherwise acted in bad

faith, or special circumstances make an award unjust. Fees and

expenses awarded under this subparagraph shall be paid only as a

consequence of appropriations provided in advance.

(2) For the purposes of this subsection -

(A) "fees and other expenses" includes the reasonable expenses

of expert witnesses, the reasonable cost of any study, analysis,

engineering report, test, or project which is found by the court

to be necessary for the preparation of the party's case, and

reasonable attorney fees (The amount of fees awarded under this

subsection shall be based upon prevailing market rates for the

kind and quality of the services furnished, except that (i) no

expert witness shall be compensated at a rate in excess of the

highest rate of compensation for expert witnesses paid by the

United States; and (ii) attorney fees shall not be awarded in

excess of $125 per hour unless the court determines that an

increase in the cost of living or a special factor, such as the

limited availability of qualified attorneys for the proceedings

involved, justifies a higher fee.);

(B) "party" means (i) an individual whose net worth did not

exceed $2,000,000 at the time the civil action was filed, or (ii)

any owner of an unincorporated business, or any partnership,

corporation, association, unit of local government, or

organization, the net worth of which did not exceed $7,000,000 at

the time the civil action was filed, and which had not more than

500 employees at the time the civil action was filed; except that

an organization described in section 501(c)(3) of the Internal

Revenue Code of 1986 (26 U.S.C. 501(c)(3)) exempt from taxation

under section 501(a) of such Code, or a cooperative association

as defined in section 15(a) of the Agricultural Marketing Act (12

U.S.C. 1141j(a)), may be a party regardless of the net worth of

such organization or cooperative association or for purposes of

subsection (d)(1)(D), a small entity as defined in section 601 of

title 5;

(C) "United States" includes any agency and any official of the

United States acting in his or her official capacity;

(D) "position of the United States" means, in addition to the

position taken by the United States in the civil action, the

action or failure to act by the agency upon which the civil

action is based; except that fees and expenses may not be awarded

to a party for any portion of the litigation in which the party

has unreasonably protracted the proceedings;

(E) "civil action brought by or against the United States"

includes an appeal by a party, other than the United States, from

a decision of a contracting officer rendered pursuant to a

disputes clause in a contract with the Government or pursuant to

the Contract Disputes Act of 1978;

(F) "court" includes the United States Court of Federal Claims

and the United States Court of Appeals for Veterans Claims;

(G) "final judgment" means a judgment that is final and not

appealable, and includes an order of settlement;

(H) "prevailing party", in the case of eminent domain

proceedings, means a party who obtains a final judgment (other

than by settlement), exclusive of interest, the amount of which

is at least as close to the highest valuation of the property

involved that is attested to at trial on behalf of the property

owner as it is to the highest valuation of the property involved

that is attested to at trial on behalf of the Government; and

(I) "demand" means the express demand of the United States

which led to the adversary adjudication, but shall not include a

recitation of the maximum statutory penalty (i) in the complaint,

or (ii) elsewhere when accompanied by an express demand for a

lesser amount.

(3) In awarding fees and other expenses under this subsection to

a prevailing party in any action for judicial review of an

adversary adjudication, as defined in subsection (b)(1)(C) of

section 504 of title 5, United States Code, or an adversary

adjudication subject to the Contract Disputes Act of 1978, the

court shall include in that award fees and other expenses to the

same extent authorized in subsection (a) of such section, unless

the court finds that during such adversary adjudication the

position of the United States was substantially justified, or that

special circumstances make an award unjust.

(4) Fees and other expenses awarded under this subsection to a

party shall be paid by any agency over which the party prevails

from any funds made available to the agency by appropriation or

otherwise.

(e) The provisions of this section shall not apply to any costs,

fees, and other expenses in connection with any proceeding to which

section 7430 of the Internal Revenue Code of 1986 applies

(determined without regard to subsections (b) and (f) of such

section). Nothing in the preceding sentence shall prevent the

awarding under subsection (a) of section 2412 of title 28, United

States Code, of costs enumerated in section 1920 of such title (as

in effect on October 1, 1981).

(f) If the United States appeals an award of costs or fees and

other expenses made against the United States under this section

and the award is affirmed in whole or in part, interest shall be

paid on the amount of the award as affirmed. Such interest shall be

computed at the rate determined under section 1961(a) of this

title, and shall run from the date of the award through the day

before the date of the mandate of affirmance.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 973; Pub. L. 89-507, Sec. 1, July

18, 1966, 80 Stat. 308; Pub. L. 96-481, title II, Sec. 204(a), (c),

Oct. 21, 1980, 94 Stat. 2327, 2329; Pub. L. 97-248, title II, Sec.

292(c), Sept. 3, 1982, 96 Stat. 574; Pub. L. 99-80, Secs. 2, 6,

Aug. 5, 1985, 99 Stat. 184, 186; Pub. L. 99-514, Sec. 2, Oct. 22,

1986, 100 Stat. 2095; Pub. L. 102-572, title III, Sec. 301(a),

title V, Secs. 502(b), 506(a), title IX, Sec. 902(b)(1), Oct. 29,

1992, 106 Stat. 4511-4513, 4516; Pub. L. 104-66, title I, Sec.

1091(b), Dec. 21, 1995, 109 Stat. 722; Pub. L. 104-121, title II,

Sec. 232, Mar. 29, 1996, 110 Stat. 863; Pub. L. 105-368, title V,

Sec. 512(b)(1)(B), Nov. 11, 1998, 112 Stat. 3342.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 258, 931(a) (Mar. 3,

1911, ch. 231, Sec. 152, 36 Stat. 1138; Aug. 2, 1946, ch. 753, Sec.

410(a), 60 Stat. 843).

Section consolidates the last sentence of section 931(a) of title

28, U.S.C., 1940 ed., with section 258 of said title 28. For other

provisions of said section 931(a), see Distribution Table.

Subsection (a) is new. It follows the well-known common-law rule

that a sovereign is not liable for costs unless specific provision

for such liability is made by law. This is a corollary to the rule

that a sovereign cannot be sued without its consent.

Many enactments of Congress relating to fees and costs contain

specific exceptions as to the liability of the United States. (See,

for example, section 548 of title 28, U.S.C., 1940 ed.) A uniform

rule, embodied in this section, will make such specific exceptions

unnecessary.

Subsection (b) incorporates section 258 of title 28, U.S.C., 1940

ed.

Subsection (c) incorporates the costs provisions of section

931(a) of title 28, U.S.C., 1940 ed.

Words "and for summoning the same," after "witnesses," were

omitted from subsection (b) as covered by "those actually incurred

for witnesses."

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Contract Disputes Act of 1978, referred to in subsec.

(d)(2)(E), (3), is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as

amended, which is classified principally to chapter 9 (Sec. 601 et

seq.) of Title 41, Public Contracts. For complete classification of

this Act to the Code, see Short Title note set out under section

601 of Title 41 and Tables.

Section 7430 of the Internal Revenue Code of 1986, referred to in

subsec. (e), is classified to section 7430 of Title 26, Internal

Revenue Code.

-MISC2-

AMENDMENTS

1998 - Subsec. (d)(2)(F). Pub. L. 105-368 substituted "Court of

Appeals for Veterans Claims" for "Court of Veterans Appeals".

1996 - Subsec. (d)(1)(D). Pub. L. 104-121, Sec. 232(a), added

subpar. (D).

Subsec. (d)(2)(A)(ii). Pub. L. 104-121, Sec. 232(b)(1),

substituted "$125" for "$75".

Subsec. (d)(2)(B). Pub. L. 104-121, Sec. 232(b)(2), inserted

before semicolon at end "or for purposes of subsection (d)(1)(D), a

small entity as defined in section 601 of title 5".

Subsec. (d)(2)(I). Pub. L. 104-121, Sec. 232(b)(3)-(5), added

subpar. (I).

1995 - Subsec. (d)(5). Pub. L. 104-66 struck out par. (5) which

read as follows: "The Attorney General shall report annually to the

Congress on the amount of fees and other expenses awarded during

the preceding fiscal year pursuant to this subsection. The report

shall describe the number, nature, and amount of the awards, the

claims involved in the controversy, and any other relevant

information which may aid the Congress in evaluating the scope and

impact of such awards."

1992 - Subsec. (a). Pub. L. 102-572, Sec. 301(a), designated

existing provisions as par. (1) and added par. (2).

Subsec. (d)(2)(F). Pub. L. 102-572, Sec. 902(b)(1), substituted

"United States Court of Federal Claims" for "United States Claims

Court".

Pub. L. 102-573, Sec. 506(a), inserted before semicolon at end

"and the United States Court of Veterans Appeals".

Subsec. (d)(5). Pub. L. 102-572, Sec. 502(b), substituted "The

Attorney General shall report annually to the Congress on" for "The

Director of the Administrative Office of the United States Courts

shall include in the annual report prepared pursuant to section 604

of this title,".

1986 - Subsecs. (d)(2)(B), (e). Pub. L. 99-514 substituted

"Internal Revenue Code of 1986" for "Internal Revenue Code of

1954".

1985 - Subsecs. (a), (b). Pub. L. 99-80, Sec. 2(a)(1),

substituted "or any agency or any official of the United States"

for "or any agency and any official of the United States".

Subsec. (d). Pub. L. 99-80, Sec. 6, repealed amendment made by

Pub. L. 96-481, Sec. 204(c), and provided that subsec. (d) was

effective on or after Aug. 5, 1985, as if it had not been repealed

by section 204(c). See 1980 Amendment note and Revival of

Previously Repealed Provisions note below.

Subsec. (d)(1)(A). Pub. L. 99-80, Sec. 2(a)(2), inserted ",

including proceedings for judicial review of agency actions," after

"in tort)".

Subsec. (d)(1)(B). Pub. L. 99-80, Sec. 2(b), inserted provisions

directing that whether or not the position of the United States was

substantially justified must be determined on the basis of the

record (including the record with respect to the action or failure

to act by the agency upon which the civil action was based) which

is made in the civil action for which fees and other expenses are

sought.

Subsec. (d)(2)(B). Pub. L. 99-80, Sec. 2(c)(1), substituted

"$2,000,000" for "$1,000,000" in cl. (i), and substituted "or (ii)

any owner of an unincorporated business, or any partnership,

corporation, association, unit of local government, or

organization, the net worth of which did not exceed $7,000,000 at

the time the civil action was filed, and which had not more than

500 employees at the time the civil action was filed; except that

an organization described in section 501(c)(3) of the Internal

Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation

under section 501(a) of such Code, or a cooperative association as

defined in section 15(a) of the Agricultural Marketing Act (12

U.S.C. 1141j(a)), may be a party regardless of the net worth of

such organization or cooperative association;" for "(ii) a sole

owner of an unincorporated business, or a partnership, corporation,

association, or organization whose net worth did not exceed

$5,000,000 at the time the civil action was filed, except that an

organization described in section 501(c)(3) of the Internal Revenue

Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under

section 501(a) of the Code and a cooperative association as defined

in section 15(a) of the Agricultural Marketing Act (12 U.S.C.

1141j(a)), may be a party regardless of the net worth of such

organization or cooperative association, or (iii) a sole owner of

an unincorporated business, or a partnership, corporation,

association, or organization, having not more than 500 employees at

the time the civil action was filed; and".

Subsec. (d)(2)(D) to (H). Pub. L. 99-80, Sec. 2(c)(2), added

subpars. (D) to (H).

Subsec. (d)(4). Pub. L. 99-80, Sec. 2(d), amended par. (4)

generally. Prior to amendment, par. (4) read as follows:

"(A) Fees and other expenses awarded under this subsection may be

paid by any agency over which the party prevails from any funds

made available to the agency, by appropriation or otherwise, for

such purpose. If not paid by any agency, the fees and other

expenses shall be paid in the same manner as the payment of final

judgments is made in accordance with sections 2414 and 2517 of this

title.

"(B) There is authorized to be appropriated to each agency for

each of the fiscal years 1982, 1983, and 1984, such sums as may be

necessary to pay fees and other expenses awarded pursuant to this

subsection in such fiscal years."

Subsec. (f). Pub. L. 99-80, Sec. 2(e), added subsec. (f).

1982 - Subsec. (e). Pub. L. 97-248 added subsec. (e).

1980 - Pub. L. 96-481, Sec. 204(a), designated existing

provisions as subsec. (a), struck out provision that payment of a

judgment for costs shall be as provided in section 2414 and section

2517 of this title for the payment of judgments against the United

States, and added subsecs. (b) to (d). Pub. L. 96-481, Sec. 204(c),

repealed subsec. (d) eff. Oct. 1, 1984. See Effective Date of 1980

Amendment note below.

1966 - Pub. L. 89-507 empowered a court having jurisdiction to

award judgment for costs, except as otherwise specifically provided

by statute, to the prevailing party in any action brought by or

against the United States or any agency or official of the United

States acting in his official capacity, limited the judgment for

costs when taxed against the Government to reimbursing in whole or

in part the prevailing party for costs incurred by him in the

litigation, required the payment of a judgment for costs to be as

provided in section 2414 and section 2517 of this title for the

payment of judgments against the United States and eliminated

provisions which limited the liability of the United States for

fees and costs to those cases in which liability was expressed

provided for by Act of Congress, permitted the district court or

the Court of Claims, in an action under section 1346(a) or 1491 of

this title if the United States put in issue plaintiff's right to

recover, to allow costs to the prevailing party from the time of

joining such issue, and which authorized the allowance of costs to

the successful claimant in an action under section 1346(b) of this

title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-368 effective on first day of first

month beginning more than 90 days after Nov. 11, 1998, see section

513 of Pub. L. 105-368, set out as a note under section 7251 of

Title 38, Veterans' Benefits.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-121 applicable to civil actions and

adversary adjudications commenced on or after Mar. 29, 1996, see

section 233 of Pub. L. 104-121, set out as a note under section 504

of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 506(b) of Pub. L. 102-572 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to any

case pending before the United States Court of Veterans Appeals

[now United States Court of Appeals for Veterans Claims] on the

date of the enactment of this Act [Oct. 29, 1992], to any appeal

filed in that court on or after such date, and to any appeal from

that court that is pending on such date in the United States Court

of Appeals for the Federal Circuit."

Section 506(d) of Pub. L. 102-572 provided that: "This section

[amending this section and enacting provisions set out under this

section], and the amendment made by this section, shall take effect

on the date of the enactment of this Act [Oct. 29, 1992]."

Amendment by section 902(b)(1) of 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.

Amendment by sections 301(a) and 502(b) of Pub. L. 102-572

effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102-572, set

out as a note under section 905 of Title 2, The Congress.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-80 applicable to cases pending on or

commenced on or after Aug. 5, 1985, but with provision for

additional applicability to certain prior cases and to prior board

of contracts appeals cases, see section 7 of Pub. L. 99-80, set out

as a note under section 504 of Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 applicable to civil actions or

proceedings commenced after Feb. 28, 1983, see section 292(e)(1) of

Pub. L. 97-248, set out as an Effective Date note under section

7430 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 204(a) of Pub. L. 96-481 effective Oct. 1,

1981, and applicable to any adversary adjudication, as defined in

section 504(b)(1)(C) of Title 5, Government Organization and

Employees, and any civil action or adversary adjudication described

in this section which is pending on, or commenced on or after, such

date, see section 208 of Pub. L. 96-481, set out as an Effective

Date note under section 504 of Title 5.

Section 204(c) of Pub. L. 96-481 which provided in part that

effective Oct. 1, 1984, subsec. (d) of this section is repealed,

except that the provisions of subsec. (d) shall continue to apply

through final disposition of any adversary adjudication initiated

before the date of repeal, was repealed by Pub. L. 99-80, Sec.

6(b)(2), Aug. 5, 1985, 99 Stat. 186.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 3 of Pub. L. 89-507 provided that: "These amendments

[amending this section and section 2520 of this title] shall apply

only to judgments entered in actions filed subsequent to the date

of enactment of this Act [July 18, 1966]. These amendments shall

not authorize the reopening or modification of judgments entered

prior to the enactment of this Act."

REVIVAL OF PREVIOUSLY REPEALED PROVISIONS

For revival of subsec. (d) of this section effective on or after

Aug. 5, 1985, as if it had not been repealed by section 204(c) of

Pub. L. 96-481, and repeal of section 204(c) of Pub. L. 96-481, see

section 6 of Pub. L. 99-80, set out as a note under section 504 of

Title 5, Government Organization and Employees.

SAVINGS PROVISION

Section 206 of Pub. L. 96-481, as amended by Pub. L. 99-80, Sec.

3, Aug. 5, 1985, 99 Stat. 186, provided that:

"(a) Except as provided in subsection (b), nothing in section

2412(d) of title 28, United States Code, as added by section 204(a)

of this title, alters, modifies, repeals, invalidates, or

supersedes any other provision of Federal law which authorizes an

award of such fees and other expenses to any party other than the

United States that prevails in any civil action brought by or

against the United States.

"(b) Section 206(b) of the Social Security Act (42 U.S.C.

406(b)(1)) shall not prevent an award of fees and other expenses

under section 2412(d) of title 28, United States Code. Section

206(b)(2) of the Social Security Act shall not apply with respect

to any such award but only if, where the claimant's attorney

receives fees for the same work under both section 206(b) of that

Act and section 2412(d) of title 28, United States Code, the

claimant's attorney refunds to the claimant the amount of the

smaller fee."

AUTHORITY OF COURT OF APPEALS FOR VETERANS CLAIMS TO AWARD FEES

UNDER EQUAL ACCESS TO JUSTICE ACT FOR NON-ATTORNEY PRACTITIONERS.

Pub. L. 107-330, title IV, Sec. 403, Dec. 6, 2002, 116 Stat.

2833, provided that: "The authority of the United States Court of

Appeals for Veterans Claims to award reasonable fees and expenses

of attorneys under section 2412(d) of title 28, United States Code,

shall include authority to award fees and expenses, in an amount

determined appropriate by the United States Court of Appeals for

Veterans Claims, of individuals admitted to practice before the

Court as non-attorney practitioners under subsection (b) or (c) of

Rule 46 of the Rules of Practice and Procedure of the United States

Court of Appeals for Veterans Claims."

NONLIABILITY OF JUDICIAL OFFICERS FOR COSTS

Pub. L. 104-317, title III, Sec. 309(a), Oct. 19, 1996, 110 Stat.

3853, provided that: "Notwithstanding any other provision of law,

no judicial officer shall be held liable for any costs, including

attorney's fees, in any action brought against such officer for an

act or omission taken in such officer's judicial capacity, unless

such action was clearly in excess of such officer's jurisdiction."

FEE AGREEMENTS

Section 506(c) of Pub. L. 102-572 provided that: "Section 5904(d)

of title 38, United States Code, shall not prevent an award of fees

and other expenses under section 2412(d) of title 28, United States

Code. Section 5904(d) of title 38, United States Code, shall not

apply with respect to any such award but only if, where the

claimant's attorney receives fees for the same work under both

section 5904 of title 38, United States Code, and section 2412(d)

of title 28, United States Code, the claimant's attorney refunds to

the claimant the amount of the smaller fee."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1931 of this title; title

5 section 504; title 10 section 2321; title 11 section 106; title

15 section 2060; title 18 section 293; title 25 section 450m-1;

title 26 section 7430; title 31 section 3730; title 41 section

253d; title 42 sections 3612, 3614, 9606.

-End-

-CITE-

28 USC Sec. 2413 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2413. Executions in favor of United States

-STATUTE-

A writ of execution on a judgment obtained for the use of the

United States in any court thereof shall be issued from and made

returnable to the court which rendered the judgment, but may be

executed in any other State, in any Territory, or in the District

of Columbia.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 974.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 839 (R.S. Sec. 986).

Words "or in the District of Columbia" were added on the

authority of 14 Op. Atty. Gen. 384, declaring that, under this

section, a writ of execution in favor of the United States,

obtained from a Federal court in any State, could be executed in

the District of Columbia. (See, also, section 1963 of this title.)

Changes in phraseology were made.

-End-

-CITE-

28 USC Sec. 2414 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2414. Payment of judgments and compromise settlements

-STATUTE-

Except as provided by the Contract Disputes Act of 1978, payment

of final judgments rendered by a district court or the Court of

International Trade against the United States shall be made on

settlements by the Secretary of the Treasury. Payment of final

judgments rendered by a State or foreign court or tribunal against

the United States, or against its agencies or officials upon

obligations or liabilities of the United States, shall be made on

settlements by the Secretary of the Treasury after certification by

the Attorney General that it is in the interest of the United

States to pay the same.

Whenever the Attorney General determines that no appeal shall be

taken from a judgment or that no further review will be sought from

a decision affirming the same, he shall so certify and the judgment

shall be deemed final.

Except as otherwise provided by law, compromise settlements of

claims referred to the Attorney General for defense of imminent

litigation or suits against the United States, or against its

agencies or officials upon obligations or liabilities of the United

States, made by the Attorney General or any person authorized by

him, shall be settled and paid in a manner similar to judgments in

like causes and appropriations or funds available for the payment

of such judgments are hereby made available for the payment of such

compromise settlements.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 974; Pub. L. 87-187, Sec. 1, Aug.

30, 1961, 75 Stat. 415; Pub. L. 95-563, Sec. 14(d), Nov. 1, 1978,

92 Stat. 2390; Pub. L. 96-417, title V, Sec. 512, Oct. 10, 1980, 94

Stat. 1744; Pub. L. 104-316, title II, Sec. 202(k), Oct. 19, 1996,

110 Stat. 3843.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 228 of title 31, U.S.C., 1940 ed., Money and

Finance (Feb. 18, 1904, ch. 160, Sec. 1, 33 Stat. 41; June 10,

1921, ch. 18, Sec. 304, 42 Stat. 24).

Similar provisions of section 228 of title 31, U.S.C., 1940 ed.,

relating to judgments of the court of claims are incorporated in

section 2517 of this title.

The second paragraph was added to make clear that the payment of

judgments not appealed may be expedited by certificate to that

effect.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Contract Disputes Act of 1978, referred to in first

paragraph, is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as

amended, which is classified principally to chapter 9 (Sec. 601 et

seq.) of Title 41, Public Contracts. For complete classification of

this Act to the Code, see Short Title note set out under section

601 of Title 41 and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-316 in first par. substituted "Secretary of

the Treasury" for "General Accounting Office" in two places.

1980 - Pub. L. 96-417 provided for payment of final judgments

rendered by the Court of International Trade against the United

States on settlements by the General Accounting Office.

1978 - Pub. L. 95-563 inserted Contract Disputes Act of 1978

exception.

1961 - Pub. L. 87-187 provided for payment of final judgments

rendered by a State or foreign court against the United States, its

agencies or officials and compromise settlements and substituted

"and compromise settlements" for "against the United States" in

section catchline.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

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, set out as an Effective Date note under

section 601 of Title 41, Public Contracts.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2412 of this title; title

7 section 136m; title 16 sections 79g, 460bb-2; title 25 section

1778c; title 31 section 1304.

-End-

-CITE-

28 USC Sec. 2415 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2415. Time for commencing actions brought by the United States

-STATUTE-

(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 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 within (1) one year after the Secretary of the Interior has

published in the Federal Register a notice rejecting such claim or

(2) three years after the date the Secretary of the Interior has

submitted legislation or legislative report to Congress to resolve

such claim or more than two years after a final decision has been

rendered in applicable administrative proceedings required by

contract or by law, whichever is later.

(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: Provided, That an action to recover damages

resulting from a trespass on lands of the United States; 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, except

that such actions for or on behalf of a recognized tribe, band or

group of American Indians, including actions relating to allotted

trust or restricted Indian lands, may be brought within six years

and ninety days after the right of action accrues, except that such

actions for or on behalf of a recognized tribe, band, or group of

American Indians, including actions relating to allotted trust or

restricted Indian lands, or on behalf of an individual Indian whose

land is held in trust or restricted status which accrued on the

date of enactment of this Act in accordance with subsection (g) may

be brought on or before sixty days after the date of the

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 within (1) one year after the

Secretary of the Interior has published in the Federal Register a

notice rejecting such claim or (2) three years after the Secretary

of the Interior has submitted legislation or legislative report to

Congress to resolve such claim.

(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 behalf of

any member or dependent of any member of the uniformed services of

the United 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 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.

(e) In the event that any action to which this section applies is

timely brought and is thereafter dismissed without prejudice, the

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.

(i) The provisions of this section shall not prevent the United

States or an officer or agency thereof from collecting any claim of

the United States by means of administrative offset, in accordance

with section 3716 of title 31.

-SOURCE-

(Added Pub. L. 89-505, Sec. 1, July 18, 1966, 80 Stat. 304; amended

Pub. L. 92-353, July 18, 1972, 86 Stat. 499; Pub. L. 92-485, Oct.

13, 1972, 86 Stat. 803; Pub. L. 95-64, July 11, 1977, 91 Stat. 268;

Pub. L. 95-103, Aug. 15, 1977, 91 Stat. 842; Pub. L. 96-217, Sec.

1, Mar. 27, 1980, 94 Stat. 126; Pub. L. 97-365, Sec. 9, Oct. 25,

1982, 96 Stat. 1754; Pub. L. 97-394, title I, Sec. 2, Dec. 30,

1982, 96 Stat. 1976; Pub. L. 97-452, Sec. 2(d)(2), Jan. 12, 1983,

96 Stat. 2478; Pub. L. 98-250, Sec. 4(a), Apr. 3, 1984, 98 Stat.

118.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this Act, referred to in subsecs. (a),

(b), and (g), means the date of enactment of Pub. L. 89-505, which

was approved July 18, 1966.

The Indian Claims Limitation Act of 1982, referred to in subsecs.

(a) and (b), is Pub. L. 97-394, title I, Secs. 2-6, Dec. 30, 1982,

96 Stat. 1976-1978, which amended this section and enacted

provisions set out as notes below. For complete classification of

this Act to the Code, see Short Title of 1982 Amendment note set

out below and Tables.

This Act, referred to in subsec. (h), probably means Pub. L.

89-505, July 18, 1966, 80 Stat. 304, which enacted this section and

section 2416 of this title. For complete classification of this Act

to the Code, see Tables.

-MISC1-

AMENDMENTS

1984 - Subsecs. (a), (b). Pub. L. 98-250 substituted "Indian

Claims Limitation Act of 1982" for "Indian Claims Act of 1982"

wherever appearing.

1983 - Subsec. (i). Pub. L. 97-452 substituted "section 3716 of

title 31" for "section 5 of the Federal Claims Collection Act of

1966".

1982 - Subsec. (a). Pub. L. 97-394, Sec. 2(a), substituted "sixty

days after the date of publication of the list required by section

4(c) of the Indian Claims Act of 1982: Provided, That, for those

claims that are on either of the two lists published pursuant to

the Indian Claims Act of 1982, any right of action shall be barred

unless the complaint is filed within (1) one year after the

Secretary of the Interior has published in the Federal Register a

notice rejecting such claim or (2) three years after the date the

Secretary of the Interior has submitted legislation or legislative

report to Congress to resolve such claim" for "after December 31,

1982" in third proviso.

Subsec. (b). Pub. L. 97-394, Sec. 2(b), substituted "sixty days

after the date of the publication of the list required by section

4(c) of the Indian Claims Act of 1982: Provided, That, for those

claims that are on either of the two lists published pursuant to

the Indian Claims Act of 1982, any right of action shall be barred

unless the complaint is filed within (1) one year after the

Secretary of the Interior has published in the Federal Register a

notice rejecting such claim or (2) three years after the Secretary

of the Interior has submitted legislation or legislative report to

Congress to resolve such claim" for "December 31, 1982" at end of

proviso.

Subsec. (i). Pub. L. 97-365 added subsec. (i).

1980 - Subsec. (a). Pub. L. 96-217, Sec. 1(a), substituted

"December 31, 1982" for "April 30, 1980".

Subsec. (b). Pub. L. 96-217, Sec. 1(b), substituted "December 31,

1982" for "April 1, 1980".

1977 - Subsec. (a). Pub. L. 95-103, Sec. 1(a), substituted "after

April 1, 1980" for "after August 18, 1977".

Pub. L. 95-64, Sec. 1(a), substituted "unless the complaint is

filed after August 18, 1977" for "unless the complaint is filed

more than eleven years after the right of action accrued" in

proviso covering actions for money damages 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 based upon rights of action

which accrued on July 18, 1966, in accordance with subsec. (g).

Subsec. (b). Pub. L. 95-103, Sec. 1(b), substituted "on or before

April 1, 1980" for "on or before August 18, 1977".

Pub. L. 95-64, Sec. 1(b), substituted "may be brought on or

before August 18, 1977" for "may be brought within eleven years

after the right of action accrues" in proviso covering actions for

or on behalf of recognized tribes, bands, or groups of American

Indians, including actions related to allotted trust or restricted

Indian lands, or on behalf of an individual Indian whose land is

held in trust or restricted status based upon rights of action

which accrued on July 18, 1966, in accordance with subsec. (g).

1972 - Subsec. (a). Pub. L. 92-485, Sec. 1(a), inserted proviso

relating to actions for money damages 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.

Pub. L. 92-353, Sec. 1(a), inserted proviso that an action for

money damages brought by the United States on behalf 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.

Subsec. (b). Pub. L. 92-485, Sec. 1(b), inserted exception

relating to actions for or on behalf of a recognized tribe, band,

or group of American Indians, including actions relating to

allotted trust or restricted Indian lands, or on behalf of an

individual Indian whose land is held in trust or restricted status.

Pub. L. 92-353, Sec. 1(b), increased the period of limitation to

six years and ninety days for actions brought by the United States

under the subsection for or on behalf of American Indians.

SHORT TITLE OF 1982 AMENDMENT

Section 1 of Pub. L. 97-394, as amended by Pub. L. 98-250, Sec.

4(b), Apr. 3, 1984, 98 Stat. 119, provided that: "Sections 2

through 6 of this Act [amending this section and enacting

provisions set out below] may be cited as the 'Indian Claims

Limitation Act of 1982'."

PUBLICATION OF LIST OF INDIAN CLAIMS; ADDITIONAL CLAIMS; TIME TO

COMMENCE ACTION; REJECTION OF CLAIMS; CLAIMS RESOLVED BY

LEGISLATION

Sections 3 to 6 of Pub. L. 97-394 provided that:

"Sec. 3. (a) Within ninety days after the enactment of this Act

[Dec. 30, 1982], the Secretary of the Interior (hereinafter

referred to as the 'Secretary') shall publish in the Federal

Register a list of all claims accruing to any tribe, band or group

of Indians or individual Indian on or before July 18, 1966, which

have at any time been identified by or submitted to the Secretary

under the 'Statute of Limitation Project' undertaken by the

Department of the Interior and which, but for the provisions of

this Act [see Short Title of 1982 Amendment note above], would be

barred by the provisions of section 2415 of title 28, United States

Code: Provided, That the Secretary shall have the discretion to

exclude from such list any matter which was erroneously identified

as a claim and which has no legal merit whatsoever.

"(b) Such list shall group the claims on a

reservation-by-reservation, tribe-by-tribe, or State-by-State

basis, as appropriate, and shall state the nature and geographic

location of each claim and only such other additional information

as may be needed to identify specifically such claims.

"(c) Within thirty days after the publication of this list, the

Secretary shall provide a copy of the Indian Claims Limitation Act

of 1982 [see Short Title of 1982 Amendment note above] and a copy

of the Federal Register containing this list, or such parts as may

be pertinent, to each Indian tribe, band or group whose rights or

the rights of whose members could be affected by the provisions of

section 2415 of title 28, United States Code.

"Sec. 4. (a) Any tribe, band or group of Indians or any

individual Indian shall have one hundred and eighty days after the

date of the publication in the Federal Register of the list

provided for in section 3 of this Act to submit to the Secretary

any additional specific claim or claims which such tribe, band or

group of Indians or individual Indian believes may be affected by

section 2415 of title 28, United States Code, and desires to have

considered for litigation or legislation by the United States.

"(b) Any such claim submitted to the Secretary shall be

accompanied by a statement identifying the nature of the claim, the

date when the right of action allegedly accrued, the names of the

potential plaintiffs and defendants, if known, and such other

information needed to identify and evaluate such claim.

"(c) Not more than thirty days after the expiration of the one

hundred and eighty day period provided for in subsection (a) of

this section, the Secretary shall publish in the Federal Register a

list containing the additional claims submitted during such period:

Provided, That the Secretary shall have the discretion to exclude

from such list any matter which has not been sufficiently

identified as a claim.

"Sec. 5. (a) Any right of action shall be barred sixty days after

the date of the publication of the list required by section 4(c) of

this Act for those pre-1966 claims which, but for the provisions of

this Act [see Short Title of 1982 Amendment note above], would have

been barred by section 2415 of title 28, United States Code, unless

such claims are included on either of the lists required by section

3 or 4(c) of this Act.

"(b) If the Secretary decides to reject for litigation any of the

claims or groups or categories of claims contained on either of the

lists required by section 3 or 4(c) of this Act, he shall send a

report to the appropriate tribe, band, or group of Indians, whose

rights or the rights of whose members could be affected by such

rejection, advising them of his decision. The report shall identify

the nature and geographic location of each rejected claim and the

name of the potential plaintiffs and defendants if they are known

or can be reasonably ascertained and shall, briefly, state the

reasons why such claim or claims were rejected for litigation.

Where the Secretary knows or can reasonably ascertain the identity

of any of the potential individual Indian plaintiffs and their

present addresses, he shall provide them with written notice of

such rejection. Upon the request of any Indian claimant, the

Secretary shall, without undue delay, provide to such claimant any

nonprivileged research materials or evidence gathered by the United

States in the documentation of such claim.

"(c) The Secretary, as soon as possible after providing the

report required by subsection (b) of this section, shall publish a

notice in the Federal Register identifying the claims covered in

such report. With respect to any claim covered by such report, any

right of action shall be barred unless the complaint is filed

within one year after the date of publication in the Federal

Register.

"Sec. 6. (a) If the Secretary determines that any claim or claims

contained in either of the lists as provided in sections 3 or 4(c)

of this Act is not appropriate for litigation, but determines that

such claims may be appropriately resolved by legislation, he shall

submit to the Congress legislation to resolve such claims or shall

submit to Congress a report setting out options for legislative

resolution of such claims.

"(b) Any right of action on claims covered by such legislation or

report shall be barred unless the complaint is filed within 3 years

after the date of submission of such legislation or legislative

report to Congress."

LEGISLATIVE PROPOSALS RESPECTING APPROPRIATENESS OF RESOLUTION BY

LITIGATION OF UNRESOLVED INDIAN CLAIMS

Section 2 of Pub. L. 96-217 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 resolve 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 Attorney General believes are

not appropriate to resolve by litigation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2416 of this title; title

30 section 1724.

-End-

-CITE-

28 USC Sec. 2416 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 161 - UNITED STATES AS PARTY GENERALLY

-HEAD-

Sec. 2416. Time for commencing actions brought by the United States

- Exclusions

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 89-505, Sec. 1, July 18, 1966, 80 Stat. 305.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2415 of this title; title

30 section 1724.

-End-