[Title 32 CFR 750.36]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter Vi - DEPARTMENT OF THE NAVY]
[Subchapter E - CLAIMS]
[Part 750 - GENERAL CLAIMS REGULATIONS]
[Subpart B - Federal Tort Claims Act]
[Sec. 750.36 - Time limitations.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE52002-07-012002-07-01false750.36Sec. 750.36NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE NAVYCLAIMSGENERAL CLAIMS REGULATIONSFederal Tort Claims Act
Sec. 750.36  Time limitations.

    (a) Administrative claim. Every claim filed against the United 
States under the FTCA must be presented in writing within 2 years after 
the claim accrues. 28 U.S.C. 2401(b). Federal law determines the date of 
accrual. A claim accrues when the claimant discovers or reasonably 
should have discovered the existence of the act giving rise to the 
claim. In computing the statutory time period, the day of the incident 
is excluded and the day the claim was presented included.
    (b) Amendments. Upon timely filing of an amendment to a pending 
claim, the DON shall have 6 months to make a final disposition of the 
claim as amended, and the claimant's option to file suit under 28 U.S.C. 
2675(a) shall not accrue until 6 months after the presentment of an 
amendment. 28 CFR 14.2(c).
    (c) Suits. A civil action is barred unless suit is filed against the 
United States not later than 6 months after the date of mailing of 
notice of final denial of the claim. 28 U.S.C. 2401(b). The failure of 
the DON to make final disposition of a claim within 6 months after it is 
presented shall, at the option of the claimant any time thereafter, be 
deemed a final denial of the claim. 28 U.S.C. 2675(a).