B-87243, JULY 28, 1949, 29 COMP. GEN. 54

B-87243: Jul 28, 1949

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PROVIDED THE CLAIMS ARE NOT "STALE" UNDER GENERAL PRINCIPLES OF EQUITY AND FUNDS ARE AVAILABLE FOR PAYMENT. 1949: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 20. CLAIMS FOR JUST COMPENSATION AND INSURANCE LOSSES IN CASES WHERE THE CLAIMS ARE BARRED FROM ENFORCEMENT IN THE COURTS BY REASONS OF STATUTES OF LIMITATIONS. AS WAS POINTED OUT IN THE DECISION OF FEBRUARY 16. THE AUTHORITIES ARE CLEAR THAT THE STATUTES OF LIMITATIONS APPLICABLE TO ACTIONS IN THE COURTS ARE NOT APPLICABLE TO THE SETTLEMENT OF CLAIMS BEFORE ADMINISTRATIVE DEPARTMENTS OF THE GOVERNMENT. PROVIDED THE CLAIM IS NOT "STALE" UNDER GENERAL PRINCIPLES OF EQUITY AND FUNDS ARE AVAILABLE FOR ITS PAYMENT. OTHERWISE PROPER PAYMENTS WILL NOT BE QUESTIONED BY THE GENERAL ACCOUNTING OFFICE EVEN THOUGH ACTIONS ON SAID CLAIMS WOULD BE BARRED IN THE COURTS BY 28 U.S.C. 2401 (A).

B-87243, JULY 28, 1949, 29 COMP. GEN. 54

STATUTES OF LIMITATIONS - PAYMENT OF CLAIMS BARRED FROM COURT ACTION EVEN THOUGH ACTIONS ON MARITIME CLAIMS AGAINST THE UNITED STATES FOR JUST COMPENSATION AND INSURANCE LOSSES WOULD BE BARRED IN THE COURTS BY REASON OF THE STATUTES OF LIMITATIONS IN 28 U.S. CODE 2401 (A), ID. 2501, OR 46 U.S.C. 745, SUCH CLAIMS MAY BE PAID FROM FUNDS APPROPRIATED TO THE SECRETARY OF THE TREASURY BY THE SECOND SUPPLEMENTAL APPROPRIATION ACT, 1948, AND CONTINUED AVAILABLE BY SUBSEQUENT LEGISLATION, PROVIDED THE CLAIMS ARE NOT "STALE" UNDER GENERAL PRINCIPLES OF EQUITY AND FUNDS ARE AVAILABLE FOR PAYMENT.

ACTING COMPTROLLER GENERAL YEATES TO THE CHAIRMAN, UNITED STATES MARITIME COMMISSION, JULY 28, 1949:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 20, 1949, IN WHICH YOU REQUEST A DECISION AS TO WHETHER YOUR COMMISSION MAY PAY, FROM FUNDS APPROPRIATED BY THE CONGRESS TO THE SECRETARY OF THE TREASURY BY PUBLIC LAW 299, 80TH CONGRESS, 61 STAT. 697, AND CONTINUED AVAILABLE BY SUBSEQUENT LEGISLATION, CLAIMS FOR JUST COMPENSATION AND INSURANCE LOSSES IN CASES WHERE THE CLAIMS ARE BARRED FROM ENFORCEMENT IN THE COURTS BY REASONS OF STATUTES OF LIMITATIONS.

AS WAS POINTED OUT IN THE DECISION OF FEBRUARY 16, 1948, B-15487, REFERRED TO IN YOUR LETTER, THE AUTHORITIES ARE CLEAR THAT THE STATUTES OF LIMITATIONS APPLICABLE TO ACTIONS IN THE COURTS ARE NOT APPLICABLE TO THE SETTLEMENT OF CLAIMS BEFORE ADMINISTRATIVE DEPARTMENTS OF THE GOVERNMENT. ACCORDINGLY, PROVIDED THE CLAIM IS NOT "STALE" UNDER GENERAL PRINCIPLES OF EQUITY AND FUNDS ARE AVAILABLE FOR ITS PAYMENT, OTHERWISE PROPER PAYMENTS WILL NOT BE QUESTIONED BY THE GENERAL ACCOUNTING OFFICE EVEN THOUGH ACTIONS ON SAID CLAIMS WOULD BE BARRED IN THE COURTS BY 28 U.S.C. 2401 (A), 28 U.S.C. 2501, OR 46 U.S.C. 745.