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any check, checks, warrant, or warrants issued by the Secretary of the Treasury, the Postmaster General, the Treasurer and Assistant Treasurers of the United States, or by disbursing officers and agents of the United States, unless such proceeding is commenced within six years after the presentation to the Treasurer of the United States or other drawee for payment of such check, checks, warrant, or warrants, or unless within that period written notice shall have been given by the United States or an agency thereof to such endorser, transferor, or depositary, or financial agent of a claim on account of such liability. Unless a court proceeding shall have been brought or such notice given within the period prescribed herein, any claim against such endorser, transferor, or depositary, or financial agent on account of such liability shall be forever barred: Provided, That in connection with any claim presented to the General Accounting Office within the time limitation prescribed by section 2 of the Act of June 22, 1926 (44 Stat. 76; U. S. C., title 31, sec. 122), the period within which such a proceeding may be brought or such notice given shall be extended by an additional one hundred and eighty days, and unless such notice shall be given or a court proceeding brought within such extended period any claim against such endorser, transferor, depositary, or financial agent on account of such liability shall be forever barred.

"SEC. 2. The Comptroller General of the United States is authorized and directed to allow credit in the accounts of the Treasurer of the United States for the amount of any check, checks, warrant, or warrants with respect to which court proceedings shall have been barred pursuant to the provisions of this Act upon a showing that the barring of such proceedings did not result from any negligence on the part of the Treasurer of the United States in failing to give the notice required by the provisions of section 1 of the Act."

Under date of June 16, 1944, this office made a report to the Director, Bureau of the Budget, on a proposed draft of bill the language of which was substantially identical with the language employed in H. R. 5468. In said report it was stated: "The purpose and effect of the proposed legislation are set forth in the copy of explanatory letter of the Secretary of the Treasury, in pertinent part, as follows: 'The bill would prohibit the bringing of any court proceeding by the United States to enforce the liability of any endorser, transferor, depositary or financial agent arising out of a forged or unauthorized signature or endorsement upon or alteration of any Government check unless such proceeding is commenced within six years after the check is presented for payment, or unless written notice shall have been given within that period of a claim on account of such liability.

"While at the present time there is no statute of limitations with respect to the claims in question, it is felt that the statute of limitations which would be imposed by the proposed bill is not unreasonable, and the Department would interpose no objection to the enactment of the proposed legislation by the Con

gress.

"I concur in the view expressed by the Secretary of the Treasury that the limitation which would be imposed by the proposed bill is not unreasonable. However, it is suggested that the language in the proposed draft of bill be clarified in respect of the point of time when the limitation would begin to run. As the proposed draft of bill now reads proceedings must be commenced or written notice given within six years after the presentation for payment of such check,' etc. (lines 10 and 11). To avoid any possible contention that such language means that the limitation would begin to run from the time the check was presented to any bank, other institution, or person to be cashed-even though the limitation would operate against the Government, only it is suggested that there be inserted (in line 10 of the proposed draft of bill) between the word 'presentation' and the word 'for' the words 'to the Treasurer of the United States.'

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As indicated in report of June 16, 1944, this office knows of no reason why favorable consideration should not be given the bill, supra-the language in the proposed draft of bill, in respect of the point of time when the limitation would begin to run, having been clarified in H. R. 5468.

Sincerely yours,

LINDSAY C. WARREN, Comptroller General of the United States.

Hon. CARTER MANASCO,

EXECUTIVE OFFICE OF THE PRESIDENT.

BUREAU OF THE BUDGET, Washington, D. C., November 29, 1944.

Chairman, Committee on Expenditures in the Executive Departments,

House of Representatives, Washington, D. C.

MY DEAR MR. MANASCO: This is in response to your letter of November 22, 1944, requesting the views of the Bureau of the Budget regarding the proposal contained in H. R. 5468, a bill to provide for the barring of certain claims by the United States in connection with Government checks and warrants.

This legislation was initiated by the Treasury Department at the suggestion of the American Bankers Association.

The Comptroller General, who is concerned with the settlement of a wide variety of claims, including claims arising out of forged, unauthorized signature, or altered Government checks, has expressed the opinion to this office that the proposal contained in the bill is not unreasonable.

The Bureau of the Budget is of the opinion that the enactment of the proposed legislation would be appropriate.

Very truly yours,

HAROLD D. SMITH, Director.

TREASURY DEPARTMENT,

Washington 25, November 30, 1944.

OFFICE OF THE ADMINISTRATIVE ASSISTANT TO THE SECRETARY,

Hon. CARTER MANASCO,

Chairman, Committee on Expenditures in the Executive Departments,

House of Representatives, Washington, D. C.

DEAR MR. CHAIRMAN: Further reference is made to your letter of November 18, 1944, requesting the views of this Department concerning the bill H. R. 5468, "to provide for the barring of certain claims by the United States in connection with Government checks and warrants."

This Department had occasion to consider a similar bill in draft form earlier this year. At that time, a report was submitted to the Honorable Brent Spence, chairman, Committee on Banking and Currency, a copy of which is enclosed. Since the proposed legislation embodies the amendments suggested by this Department in its report on the draft bill, the Department has no further recommendation to make.

Very truly yours,

CHARLES S. BELL, Administrative Assistant to the Secretary.

JUNE 21, 1944.

Hon. BRENT SPENCE,

Chairman, Committee on Banking and Currency,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Further reference is made to your letter of May 9, 1944, requesting the views of this Department concerning a draft bill to provide for the barring of certain claims by the United States in connection with Government checks and warrants, which the American Bankers Association has requested you to introduce.

The bill would prohibit the bringing of any court proceeding by the United States to enforce the liability of any endorser, transferor, depositary, or financial agent arising out of a forged or unauthorized signature or endorsement upon or alteration of any Government check unless such proceeding is commenced within 6 years after the check is presented for payment, or unless written notice shall have been given within that period of a claim on account of such liability.

While at the present time there is no statute of limitations with respect to the claims in question, it is felt that the statute of limitations which would be imposed by the proposed bill is not unreasonable, and the Department would interpose no objection to the enactment of the proposed legislation by the Congress.

For the purpose of clarification, it is suggested that the words to the Treasurer of the United States" be inserted following the word "presentation" in the tenth line of the bill.

The Department has been advised by the Bureau of the Budget that there is no objection to the submission of this report to your committee.

Very truly yours,

D. W. BELL,

H. Repts., 79-1, vol. 1——————33

Acting Secretary of the Treasury.

CONSIDERATION OF S..35

FEBRUARY 12, 1945.-Referred to the House Calendar and ordered to be printed

Mr. JOHN J. DELANEY, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Res. 127]

The Committee on Rules, having had under consideration House Resolution 127, reports the same to the House with the recommendation that the resolution do pass.

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