And footnote 21 points directly to this issue...

The section includes, "This section does not permit the filing of a new indictment... where the reason for the dismissal was the failure to file the indictment... within the period prescribed by the applicable statute of limitations..."

Interesting. Seems to me the subsequent debate is whether this is simply a defective indictment (which could be cured) or no legal indictment at all in the first place.