---
kind: "section"
citation: "28 U.S.C. § 2416"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "2416"
heading: "Time for commencing actions brought by the United States—Exclusions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/2416"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 161 — United States as Party Generally"
---

# §2416. Time for commencing actions brought by the United States—Exclusions


For the purpose of computing the limitations periods established in [section 2415](/usc/28/2415.md), there shall be excluded all periods during which—

- (a) the defendant or the res is outside the [United States](/usc/28/3002.md?p=15), 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](/usc/28/3002.md?p=15) charged with the responsibility to act in the circumstances; or
- (d) the [United States](/usc/28/3002.md?p=15) is in a [state](/usc/28/3002.md?p=14) of war declared pursuant to article I, section 8, of the Constitution of the [United States](/usc/28/3002.md?p=15).

## Source credit

(Added Pub. L. 89–505, § 1, July 18, 1966, 80 Stat. 305.)
