B-159110, JUN. 27, 1966

B-159110: Jun 27, 1966

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THE CITY'S CLAIM WAS DISALLOWED PURSUANT TO THE ACT OF OCTOBER 9. SO FAR AS IS HERE PERTINENT. SUCH IS NOT THE SITUATION INVOLVING A STATUTORY BAR OF TEN YEAR OLD CLAIMS. WOULD BAR "A CLAIM OF THE STATE OF VERMONT THAT IS OLDER THAN 10 YEARS * * *.' 86 CONGRESSIONAL RECORD 12746. WE CONSEQUENTLY ARE OF THE OPINION THAT THE 1940 ACT IS APPLICABLE TO THE CLAIM OF THE CITY OF NEW YORK.

B-159110, JUN. 27, 1966

TO THE CORPORATION COUNSEL, THE CITY OF NEW YORK:

WE REFER TO YOUR REQUEST OF APRIL 19, 1966, FOR RECONSIDERATION OF THE CLAIM OF THE CITY OF NEW YORK FOR WATER SERVICES FURNISHED THE UNITED STATES ARMY SIGNAL CORPS, LONG ISLAND, NEW YORK, DURING 1943 AND 1946.

THE CITY'S CLAIM WAS DISALLOWED PURSUANT TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061 (31 U.S.C. 71A), AS IT HAD NOT BEEN RECEIVED IN OUR OFFICE WITHIN TEN YEARS AFTER IT FIRST ACCRUED. THE ACT OF 1940 PROVIDES, SO FAR AS IS HERE PERTINENT, AS FOLLOWS:

"* * * THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

YOU REQUEST RECONSIDERATION OF THE CITY'S CLAIM ON THE PREMISE THAT THE CITY OF NEW YORK, AS A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, WOULD SEEM TO COME WITHIN THE EXCEPTION RECOGNIZED BY THE ACT.

THE TERM "ANY STATE" IN A GIVEN CONTEXT MAY BE PROPERLY VIEWED AS INCLUDING POLITICAL SUBDIVISIONS OF A STATE, BUT SUCH IS NOT THE SITUATION INVOLVING A STATUTORY BAR OF TEN YEAR OLD CLAIMS. CF. WESTCHESTER FIRE INSURANCE COMPANY V. DAVENPORT, 91 N.Y. 574, 591. THE EXTENSION OF THE EXCEPTION TO INCLUDE THE NUMEROUS COUNTIES, MUNICIPALITIES, DISTRICTS, ETC., OF THE SEVERAL STATES APPEARS UNWARRANTED WITH REFERENCE TO THE PRIMARY PURPOSE OF THE STATUTE. MOREOVER, THE LEGISLATIVE HISTORY OF THE EXCEPTION SHOWS IT ORIGINATED AS A SENATE AMENDMENT TO OVERCOME THE OBJECTION OF THE SENATOR FROM VERMONT THAT THE BILL, H.R. 8150, WHICH BECAME THE 1940 ACT, WOULD BAR "A CLAIM OF THE STATE OF VERMONT THAT IS OLDER THAN 10 YEARS * * *.' 86 CONGRESSIONAL RECORD 12746, 12802.

WE CONSEQUENTLY ARE OF THE OPINION THAT THE 1940 ACT IS APPLICABLE TO THE CLAIM OF THE CITY OF NEW YORK, AND THEREFORE SUSTAIN THE PRIOR ACTION DISALLOWING THE CLAIM.

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