[House Report 105-87]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-87
_______________________________________________________________________
FOR THE RELIEF OF JOHN WESLEY DAVIS
_______________________________________________________________________
May 5, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 584]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 584) for the relief of John Wesley Davis, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. WAIVER OF TIME LIMITATIONS.
The time limitations set forth in sections 3702(c) and 3328(a)(1)
of title 31, United States Code, shall not apply with respect to a
claim by John Wesley Davis, of Forestville, Maryland, for the amounts
due to him by the--
(1) Department of the Navy in the amount of $42,123.84; and
(2) Department of the Treasury in the amount of $12,508.20.
The amounts due are represented by checks that were received but not
negotiated by John Wesley Davis.
SEC. 2. DEADLINE.
Section 1 shall apply only if John Wesley Davis or his authorized
representative submits a claim pursuant to such subsection before the
expiration of the 6-month period beginning on the date of the enactment
of this Act.
Purpose and Summary
H.R. 584 would waive the statute of limitations with
respect to Mr. John Wesley Davis' claim for amounts due to him
from the Department of the Navy and the Department of the
Treasury for checks he received, but which were never
negotiated.
Background and Need for the Legislation
John Wesley Davis served for over 20 years in the U.S. Navy
until he retired in the mid-1970's. In the last 20 years, Mr.
Davis has been mentally incapacitated. Since 1970, unbeknownst
to his family, Mr. Davis had accumulated almost 300 checks
representing his Navy pay and pension, as well as tax refunds,
without cashing them. Recently, his family found these checks.
Although processing of some of the checks could be handled
administratively, a large number of other checks can only be
cashed if the agencies are authorized to do so by a private
bill. Those checks, the majority of which were Department of
the Navy checks, amount to $54,632.04.
Mr. Davis is currently a resident in a nursing home, and
his mental and financial condition are both rapidly
deteriorating. The cost of providing care for Mr. Davis has
been steadily increasing, and these funds are greatly needed
for his maintenance.
The Department of Navy has indicated that due to the unique
circumstances of this case, they do not oppose this
legislation. It should be noted that the bulk of the checks
($42,123.84) are Department of Navy checks. The Treasury
Department gave no comment on this legislation, but confirmed
that the checks have not been cashed. The Office of Personnel
Management had no comment on this legislation.
Hearings
The Committee's Subcommittee on Immigration and Claims held
no hearings on H.R. 584.
Committee Consideration
On March 13, 1997, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R. 584, as amended, by voice vote, a quorum being
present.
On April 8, 1997, the Committee on the Judiciary met in
open session and ordered reported favorably the bill H.R. 584,
with amendment, by voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform and Oversight Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 2(l)(3)(B) of House Rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, H.R. 584, the following
estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 10, 1997.
Hon. Henry J. Hyde,
Chairman Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 584, a bill for the relief of John Wesley Davis,
as ordered reported by the House Committee on the Judiciary on
April 8, 1997. The bill would waive the statute of limitations
for submitting claims against the United States Government. The
waiver would result in payments totaling $54,632 by the
Department of the Navy and the Department of the Treasury in
fiscal year 1997. Because the bill would increase direct
spending, pay-as-you-go procedures would apply.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter, who can be reached at 226-2860.
Sincerely,
June E. O'Neill, Director.
Constitutional Authority Statement
Pursuant to Rule XI, clause 2(1)(4) of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in the First Amendment of the Constitution.
Agency Views
The comments of the Department of the Navy and the Office
of Personnel Management on H.R. 1886, the bill's predecessor in
the 104th Congress, are as follows:
Department of the Navy,
Office of Legislative Affairs,
Washington, DC, November 6, 1995.
Hon. Lamar S. Smith,
Chairman, Subcommittee on Immigration and Claims,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: This is in response to your request for
the views of the Department of the Navy on H.R. 1886, 104th
Congress, a bill ``For the relief of John Wesley Davis.''
The purpose of H.R. 1886 is to waive the time limitation of
31 U.S.C., section 3702(b), with respect to a claim by John
Wesley Davis for $61,103.01 due him from the Departments of
Veterans Affairs, Navy, Treasury, and the District of Columbia.
Mr. Davis was a civilian employee of the Department of the
Navy who retired on April 30, 1983. Recently, Mr. Davis's
family discovered that he had received paychecks from the
Department of the Navy which, due to Mr. Davis's diminished
mental capacity, were never negotiated. Some of these paychecks
are dated as early as 1970 and others as recently as 1982. All
of the paychecks involved are dated prior to Mr. Davis's
retirement in 1983. The Department of the Navy checks total
$42,123.84. Of that amount, $23,348.59 are checks issued by the
Navy's Personnel Support Activity and $18,775.75 are checks
issued by the Defense Finance and Accounting Service,
Cleveland. Since Mr. Davis's paychecks were not presented
within the statutory period, they are barred under 31 U.S.C.,
section 3702(b). The Department of the Navy does not have legal
authority to issue replacement checks to Mr. Davis. The effect
of H.R. 1886 would waive the statutory bar to payment of this
claim.
The Department of Defense generally opposes private relief
legislation which waives the statute of limitations in a
preferential manner. It is noted, however, that the checks in
the Davis family's possession are Department of the Navy checks
for ``salaries and expenses,'' drawn to the order of John
Davis. The Office of Personnel Management confirmed that Mr.
Davis was a civilian employee of the Department of the Navy and
has been drawing CSRS retirement checks since May 1983. It
appears that John Davis was entitled to the paychecks which
were not negotiated. Civilian salaries are funded in the
Operations and Maintenance, Navy (O&M,N) appropriation. The
nonnegotiated paychecks would have been expenditures drawn on
O&M,N accounts which have since been canceled. Waiver of the
time limitation of 31 U.S.C., section 3702(b) will result in
payment of these paychecks out of the O&M,N appropriation
current at the time the paychecks are presented for payment.
Under the unique circumstances of this case, the Department
does not oppose H.R. 1886.
The Office of Management and Budget advises, that from the
standpoint of the Administration's program, there is no
objection to the presentation of this report for the
consideration of the Committee.
Sincerely,
R.J. Natter.
cc: Hon. John Bryant,
Ranking Minority Member.
Office of Personnel Management
Washington, DC, November 1, 1995.
Hon. Lamar Smith,
Chairman, Subcommittee on Immigration and Claims,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Smith: This is in response to your recent request
for the Office of Personnel Management's views concerning H.R.
1886, a bill ``For the relief of John Wesley Davis.''
We understand that Mr. Davis retired from a career in the
U.S. Navy in the mid-1970's. Recently, his family discovered
that Mr. Davis accumulated hundreds of Government checks over
the next 20 years, representing military retired pay, pension
benefits, and Federal and District of Columbia income tax
refunds, which he failed to negotiate due to diminished mental
capacity. Unfortunately, by the time Mr. Davis' representatives
initiated corrective action, substantial portions of the claims
against the Government were no longer enforceable due to the
Federal statute of limitations (31 U.S.C. Sec. 3702 (b)). H.R.
1886 would waive the statute of limitations for enforcing
claims based on obligations of the United States Government,
for purposes of allowing Mr. Davis to be paid all of his
previously accrued benefits.
While I certainly empathize with Mr. Davis' situation, his
claims do not involve any benefit system within OPM's
jurisdiction. Accordingly, we have no comment on H.R. 1886.
The Office of Management and Budget advises that, from the
standpoint of the Administration's program, there is no
objection to the submission of this report.
Sincerely,
James B. King, Director.