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B-156080, SEP. 10, 1965

B-156080 Sep 10, 1965
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WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9. PROVIDES THAT CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED IN SAID OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. NORTH AMERICAN'S CLAIM ARISES FROM ALLEGED WRONGFUL ACTS OF CERTAIN GOVERNMENT OFFICIALS SAID TO HAVE OCCURRED IN AUGUST OF 1947. THE CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 4. YOU ADVISE THAT THIS CLAIM WAS PRESENTED TO CONGRESS ON AUGUST 1. WITHIN THE 10-YEAR ACCRUAL PERIOD (AND WAS ALSO PRESENTED TO THE ADMINISTRATIVE OFFICE WITHIN THE 10-YEAR PERIOD). (IT APPEARS THAT THE SUBJECT CLAIM WAS INTRODUCED IN THE HOUSE OF REPRESENTATIVES.

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B-156080, SEP. 10, 1965

TO HARRINGTON AND GRAHAM:

THIS REFERS TO YOUR LETTER OF AUGUST 3, 1965, REQUESTING RECONSIDERATION OF OUR DECISION OF MAY 11, 1965, (B-156080) WHEREIN WE HELD THAT THE CLAIM OF NORTH AMERICAN MANUFACTURERS EXPORT ASSOCIATES, INCORPORATED, AS THEREIN DESCRIBED, WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A.

THE ACT OF OCTOBER 9, 1940, PROVIDES THAT CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED IN SAID OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. NORTH AMERICAN'S CLAIM ARISES FROM ALLEGED WRONGFUL ACTS OF CERTAIN GOVERNMENT OFFICIALS SAID TO HAVE OCCURRED IN AUGUST OF 1947. THE CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 4, 1965.

YOU ADVISE THAT THIS CLAIM WAS PRESENTED TO CONGRESS ON AUGUST 1, 1957, WITHIN THE 10-YEAR ACCRUAL PERIOD (AND WAS ALSO PRESENTED TO THE ADMINISTRATIVE OFFICE WITHIN THE 10-YEAR PERIOD). YOU ASK WHETHER SUCH PRESENTATION TO THE CONGRESS WOULD SATISFY THE FILING REQUIREMENT OF THE ACT OF OCTOBER 9, 1940. (IT APPEARS THAT THE SUBJECT CLAIM WAS INTRODUCED IN THE HOUSE OF REPRESENTATIVES, 85TH CONGRESS, 1ST SESSION, H.R. 9045, ON AUGUST 1, 1957, AS A PRIVATE RELIEF BILL; THAT SUBSEQUENT BILLS WERE INTRODUCED IN THE 86TH AND 87TH CONGRESS TO WAIVE THE COURT OF CLAIMS' STATUTE OF LIMITATIONS FOR THIS CLAIM; BUT THAT NO FAVORABLE ACTION WAS TAKEN ON THESE BILLS.)

THE LANGUAGE OF THE BARRING ACT SPECIFICALLY REQUIRES A FILING IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD AS A CONDITION PRECEDENT TO THE CONSIDERATION OF A CLAIM BY SAID OFFICE. THUS, WE HAVE HELD THAT THE FILING OF A CLAIM IN THE ADMINISTRATIVE OFFICE DOES NOT MEET THE FILING REQUIREMENT OF THE ACT. 32 COMP. GEN. 267.

IT IS TRUE THAT THE GENERAL ACCOUNTING OFFICE IS A PART OF THE LEGISLATIVE BRANCH OF THE GOVERNMENT AND FUNCTIONS AS AN AUDITING AGENT OF THE CONGRESS. 5 U.S.C. 133 Z-5; 31 U.S.C. 65. YOU SUGGEST, THEREFORE, THAT THE PRESENTATION OF A CLAIM TO THE CONGRESS SHOULD BE CONSIDERED AS A FILING IN THIS OFFICE WITHIN THE MEANING OF THE BARRING ACT. THE GENERAL ACCOUNTING OFFICE, HOWEVER, WAS CREATED AS AN INDEPENDENT ESTABLISHMENT OF THE GOVERNMENT. 31 U.S.C. 41. WE HAVE THE STATUTORY AUTHORITY TO SETTLE AND ADJUST CLAIMS FOR THE GOVERNMENT ONLY ON A LEGAL BASIS IN ACCORDANCE WITH EXISTING LAW. 31 U.S.C. 71. A CLAIM IS PRESENTED TO THE CONGRESS, HOWEVER, IN THE FORM OF A PRIVATE RELIEF BILL FOR THE EXPRESS PURPOSE OF ENACTMENT. THE POWER OF CONGRESS REGARDING PRIVATE ACTS WAS STATED BY THE SUPREME COURT IN UNITED STATES V. REALTY COMPANY, 163 U.S. 427, 440-41, AS FOLLOWS:

"UNDER THE PROVISIONS OF THE CONSTITUTION, (ARTICLE 1, SECTION 8,) CONGRESS HAS POWER TO LAY AND COLLECT TAXES, ETC., "TO PAY THE DEBTS" OF THE UNITED STATES. HAVING POWER TO RAISE MONEY FOR THAT PURPOSE, IT OF COURSE FOLLOWS THAT IT HAS POWER WHEN THE MONEY IS RAISED TO APPROPRIATE IT TO THE SAME OBJECT. WHAT ARE THE DEBTS OF THE UNITED STATES WITHIN THE MEANING OF THIS CONSTITUTIONAL PROVISION? IT IS CONCEDED AND INDEED IT CANNOT BE QUESTIONED THAT THE DEBTS ARE NOT LIMITED TO THOSE WHICH ARE EVIDENCED BY SOME WRITTEN OBLIGATION OR TO THOSE WHICH ARE OTHERWISE OF A STRICTLY LEGAL CHARACTER. THE TERM "DEBTS" INCLUDES THOSE DEBTS OR CLAIMS WHICH REST UPON A MERELY EQUITABLE OR HONORARY OBLIGATION, AND WHICH WOULD NOT BE RECOVERABLE IN A COURT OF LAW IF EXISTING AGAINST AN INDIVIDUAL. THE NATION, SPEAKING BROADLY, OWES A "DEBT" TO AN INDIVIDUAL WHEN HIS CLAIM GROWS OUT OF GENERAL PRINCIPLES OF RIGHT AND JUSTICE; WHEN, IN OTHER WORDS, IT IS BASED UPON CONSIDERATIONS OF A MORAL OR MERELY HONORARY NATURE, SUCH AS ARE BINDING ON THE CONSCIENCE OR THE HONOR OF AN INDIVIDUAL, ALTHOUGH THE DEBT COULD OBTAIN NO RECOGNITION IN A COURT OF LAW. THE POWER OF CONGRESS EXTENDS AT LEAST AS FAR AS THE RECOGNITION AND PAYMENT OF CLAIMS AGAINST THE GOVERNMENT WHICH ARE THUS FOUNDED. TO NO OTHER BRANCH OF THE GOVERNMENT THAN CONGRESS COULD ANY APPLICATION BY SUCCESSFULLY MADE ON THE PART OF THE OWNERS OF SUCH CLAIMS OR DEBTS FOR THE PAYMENT THEREOF. THEIR RECOGNITION DEPENDS SOLELY UPON CONGRESS, AND WHETHER IT WILL RECOGNIZE CLAIMS THUS FOUNDED MUST BE LEFT TO THE DISCRETION OF THAT BODY. PAYMENTS TO INDIVIDUALS, NOT OF RIGHT OR OF A MERELY LEGAL CLAIM, BUT PAYMENTS IN THE NATURE OF A GRATUITY, YET HAVING SOME FEATURE OF MORAL OBLIGATION TO SUPPORT THEM, HAVE BEEN MADE BY THE GOVERNMENT BY VIRTUE OF ACTS OF CONGRESS, APPROPRIATING THE PUBLIC MONEY, EVER SINCE ITS FOUNDATION. SOME OF THE ACTS WERE BASED UPON CONSIDERATIONS OF PURE CHARITY.'

WE SEE NO VALID BASIS UPON WHICH THE INTRODUCTION OF A PRIVATE BILL MAY BE CONSIDERED AS A FILING UNDER OUR BARRING ACT. THE FILING REQUIREMENT IS A JURISDICTIONAL MATTER IN THIS OFFICE. IN ACCORDANCE WITH THE EXPRESS TERMS OF THE ACT OF OCTOBER 9, 1940, THE CLAIM MUST BE FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE PRESCRIBED STATUTORY PERIOD. SEE FARMERS COTTON OIL CO. V. UNITED STATES, 84 CT.CL. 468.

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