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B-175711, OCT 12, 1972

B-175711 Oct 12, 1972
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PORTIER FOR $360 WHICH WAS DEDUCTED FROM THE PAYMENT FOR HIS CLAIM FOR OVERTIME FOR THE PERIOD OF SEPTEMBER 9. PROVIDES THAT A CLAIM WILL BE BARRED UNLESS IT IS RECEIVED AT GAO WITHIN 10 YEARS FROM THE DATE IT FIRST ACCRUES. PORTIER: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 17. CLAIMING THE AMOUNT OF $360 WHICH WAS DEDUCTED FROM THE PAYMENT OF YOUR CLAIM FOR OVERTIME FOR THE PERIOD OF SEPTEMBER 9. BECAUSE IT WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9. DUE TO ADMINISTRATIVE PROCESSING THE CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL NOVEMBER 24. THE CLAIM WAS RETURNED TO THE CORPS OF ENGINEERS FOR ADMINISTRATIVE PROCESSING WITH THE ADVICE THAT THE PORTION OF THE CLAIM ACCRUED PRIOR TO NOVEMBER 24.

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B-175711, OCT 12, 1972

GENERAL ACCOUNTING OFFICE - STATUTE OF LIMITATIONS DENIAL OF CLAIM BY DELVIN J. PORTIER FOR $360 WHICH WAS DEDUCTED FROM THE PAYMENT FOR HIS CLAIM FOR OVERTIME FOR THE PERIOD OF SEPTEMBER 9, 1961, TO JULY 5, 1970. THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, PROVIDES THAT A CLAIM WILL BE BARRED UNLESS IT IS RECEIVED AT GAO WITHIN 10 YEARS FROM THE DATE IT FIRST ACCRUES. RECEIPT OF THE CLAIM BY ANOTHER FEDERAL AGENCY DOES NOT MEET THE REQUIREMENTS OF THE STATUTE BECAUSE NO OTHER GOVERNMENTAL UNIT MAY BE APPOINTED AS AN AGENT TO RECEIVE A CLAIM.

TO MR. DELVIN J. PORTIER:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 17, 1972, CLAIMING THE AMOUNT OF $360 WHICH WAS DEDUCTED FROM THE PAYMENT OF YOUR CLAIM FOR OVERTIME FOR THE PERIOD OF SEPTEMBER 9, 1961, TO JULY 5, 1970, BECAUSE IT WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A.

THE RECORD INDICATES THAT YOU FILED YOUR CLAIM WITH THE CORPS OF ENGINEERS, NEW ORLEANS DISTRICT, ON SEPTEMBER 9, 1971, IN ACCORDANCE WITH THE INSTRUCTIONS OF YOUR SUPERVISORS. HOWEVER, DUE TO ADMINISTRATIVE PROCESSING THE CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL NOVEMBER 24, 1971. THE CLAIM WAS RETURNED TO THE CORPS OF ENGINEERS FOR ADMINISTRATIVE PROCESSING WITH THE ADVICE THAT THE PORTION OF THE CLAIM ACCRUED PRIOR TO NOVEMBER 24, 1961, WAS BARRED BY THE STATUTE CITED ABOVE. YOU EXPRESS THE OPINION THAT, SINCE THE CORPS OF ENGINEERS AND OUR OFFICE ARE BOTH FEDERAL AGENCIES, THE CORPS MAY BE CONSIDERED AN AGENT OF OUR OFFICE FOR THE PURPOSE OF COMPUTING THE 10 YEAR PERIOD UNDER THE BARRING ACT.

THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, PROVIDES AS FOLLOWS:

"SEC 71A. SAME; LIMITATION OF TIME ON CLAIMS AND DEMANDS.

"(1) 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 SECTIONS 71 AND 236 OF THIS TITLE 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: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.

"(2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION."

THE ABOVE STATUTE (WITH THE EXCEPTIONS NOT HERE APPLICABLE) REQUIRES RECEIPT OF THE CLAIM WITHIN THE 10-YEAR PERIOD IN THE GENERAL ACCOUNTING OFFICE. ALTHOUGH THE CORPS OF ENGINEERS AND OUR OFFICE ARE BOTH AGENCIES OF THE GOVERNMENT, THEY ARE SEPARATE AND DISTINCT OFFICES. THE FILING OF A CLAIM WITH THE CORPS DOES NOT CONSTITUTE THE FILING OF A CLAIM WITH OUR OFFICE AND THE STATUTE DOES NOT AUTHORIZE OUR OFFICE TO APPOINT ANOTHER GOVERNMENTAL UNIT AS OUR AGENT TO RECEIVE A CLAIM. WE HAVE NO AUTHORITY TO WAIVE OR DISREGARD THE PROVISIONS OF THE STATUTE IN ANY CASE.

SINCE THAT PORTION OF YOUR CLAIM PRIOR TO NOVEMBER 24, 1961, ACCRUED MORE THAN 10 YEARS BEFORE THE RECEIPT OF THE CLAIM IN OUR OFFICE, WE ARE PRECLUDED BY LAW FROM CONSIDERING IT. ACCORDINGLY, THE ACTION TAKEN ON YOUR CLAIM IS SUSTAINED.

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