Page:United States Statutes at Large Volume 80 Part 1.djvu/341

 80 STAT. ]

PUBLIC LAW 89-505-JULY 18, 1966

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) I n 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. I n any action so recommenced the defendant shall not be barred from interposing any claim which would not have been barred in the original action. " (f) The provisions of this section shall not prevent the assertion, in an action against the United States or an officer or agency thereof, of any claim of the United States or an officer or agency thereof against an opposing party, a co-party, or a third party that arises out of the transaction or occurrence that is the subject matter of the opposing party's claim. A claim of the United States or an officer or agency thereof that does not arise out of the transaction or occurrence that is the subject matter of the opposing party's claim may, if time-barred, be asserted only by way of offset and may be allowed in an amount not to exceed the amount of the opposing party's recovery. " (g) Any right of action subject to the provisions of this section which accrued prior to the date of enactment of this Act shall, for purposes of this section, be deemed to have accrued on the date of enactment of this Act. " (h) Nothing in this Act shall apply to actions brought under the Internal Revenue Code or incidental to the collection of taxes imposed by the United States. "§2416. Time for commencing actions brought by the United States—Exclusions "For the purpose of computing the limitations periods established in section 2415, there shall be excluded all periods during which— " (a) the defendant or the res is outside the United States, its territories and possessions, the District of Columbia, or the 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." SEC. 2. The table of sections at the head of chapter 161 of title 28 of the United States Code is amended by adding at the end thereof the following items: "2415. Time for commencing actions brought by the United States. "2416. Time for commencing actions brought by the United States—Exclusions."

Approved July 18, 1966, 7:30 p.m.

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