B-113864, SEP 23, 1953

B-113864, SEP 23, 1953

PROMPT SUBMISSION OF CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE AFFECTED BY STATUES OF LIMITATION

HEADS OF DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS: SECTION 1 OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71(A) PROVIDES:

"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: 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."

SECTION 2 OF THE ACT OF JULY 22, 1926, 44 STAT. 761, 31 U.S.C. 122, PROVIDES:

"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED."

SECTION 2 OF THE ACT OF JANUARY 19, 1929, 45 STAT. 1090, AS AMENDED, 34 U.S.C. 771, PROVIDES:

"NO ADVANCE PAYMENT TO ASSIGNED MEMBERS OF THE FLEET RESERVE OR MARINE CORPS RESERVE, NO PAYMENT OF COMPENSATION FOR THE PERFORMANCE OF DRILLS, EQUIVALENT INSTRUCTION OR DUTY, APPROPRIATE DUTY OR FOR ADMINISTRATIVE FUNCTIONS, NOR ANY PAYMENT FOR UNIFORM GRATUITY ACCRUING TO MEMBERS OF THE NAVAL RESERVE OR MARINE CORPS RESERVE SUBSEQUENT TO JULY 1, 1925, SHALL BE MADE UPON ANY CLAIM UNLESS SUCH CLAIM SHALL HAVE BEEN FILED WITH THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS FROM THE EXPIRATION OF THE QUARTER IN WHICH THE RIGHT TO SUCH PAYMENTS ACCRUED ***."

SECTION 3 OF THAT ACT PROVIDES THAT THE PROCEDING SECTION SHALL NOT APPLY TO MEMBERS OF THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE, TRANSFERRED THERETO AFTER SIXTEEN, TWENTY, OR MORE YEARS' SERVICE IN THE REGULAR NAVY OR MARINE CORPS.

THESE STATUTES PRECLUDE THE GENERAL ACCOUNTING OFFICE FROM CONSIDERING THE CLAIMS INVOLVED IN THE SEVERAL STATUTES NOT RECEIVED IN, PRESENTED TO, OR FILED WITH THE GENERAL ACCOUNTING OFFICE WITHIN THE STATUTORY PERIODS OF LIMITATION. ALSO, THE COURTS HAVE HELD THAT A GOVERNMENTAL OFFICIAL ORDINARILY LACKS POWER TO WAIVE STATUTORY LIMITATIONS ENACTED FOR THE GOVERNMENT'S BENEFIT.

THE SEVERAL STATUTES ARE BROUGHT TO YOUR ATTENTION WITH THE REQUEST THAT THE PROCEDURES OF YOUR DEPARTMENT OR AGENCY BE REVIEWED, SO THAT ANY CLAIM WHICH MAY BE RECEIVED IN YOUR DEPARTMENT OR AGENCY AND WHICH IS ORDINARILY FORWARDED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT UNDER THE SECTIONS OF LAW REFERRED TO AND WHICH MIGHT BE ADVERSELY AFFECTED BY THE SAID PERIODS OF LIMITATION WILL BE TRANSMITTED TO THIS OFFICE PROMPTLY UPON ITS RECEIPT. ANY INVESTIGATION NECESSARY TO MAKE A PROPER ADMINISTRATIVE REPORT THEREON MAY BE MADE THEREAFTER AND THE REPORT MAY BE FORWARDED FOR ASSOCIATION WITH THE CLAIM AFTER SUCH INVESTIGATION HAS BEEN COMPLETED.