B-166126, APR. 22, 1969

B-166126, APR. 22, 1969

TO MR. ROBERT S. BAUM:

YOUR MEMORANDUM DATED DECEMBER 20, 1968, ADDRESSED TO THE UNITED STATES DEPARTMENT OF STATE AND REFERRED TO US REQUESTS RECONSIDERATION OF SETTLEMENT DATED DECEMBER 5, 1968, DISALLOWING YOUR CLAIM FOR EXPENSES INCURRED IN THE SALE OF YOUR RESIDENCE AT YOUR FORMER DUTY STATION UNDER TRAVEL AUTHORIZATION DATED JULY 8, 1966, EFFECTING A PERMANENT CHANGE OF STATION AS AN EMPLOYEE OF THAT DEPARTMENT.

THE RECORD SHOWS YOU REPORTED TO YOUR NEW DUTY STATION ON AUGUST 5, 1966; THAT YOU ENTERED INTO AN AGREEMENT ON OCTOBER 29, 1966, TO SELL YOUR RESIDENCE AT YOUR FORMER DUTY STATION BUT THAT FOR REASONS BEYOND YOUR CONTROL SETTLEMENT WAS NOT MADE THEREON UNTIL NOVEMBER 2, 1967, MORE THAN A YEAR AFTER YOU REPORTED FOR DUTY AT YOUR NEW STATION. YOU CONTEND THAT YOUR CLAIM IS LEGAL AND PROPER UNDER PUBLIC LAW 89-516 (NOW 5 U.S.C. 5724A) SINCE THE ADMINISTRATIVE OFFICE HAS RECOMMENDED AN EXTENSION OF THE TIME AS PROVIDED FOR UNDER SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. SECTION 4.1D IS A STATUTORY REGULATION ISSUED PURSUANT TO AN EXPRESS REQUIREMENT CONTAINED IN 5 U.S.C. 5724A (A) AND IS OF THE SAME LEGAL EFFECT AS IF WRITTEN INTO THE LAW ITSELF. THAT REGULATION AUTHORIZES REIMBURSEMENT OF OTHERWISE PROPER EXPENSES INCURRED IN CONNECTION WITH THE SALE OF A RESIDENCE PROVIDED THAT:

"THE SETTLEMENT DATES FOR THE SALE AND PURCHASE OR LEASE TERMINATION TRANSACTIONS FOR WHICH REIMBURSEMENT IS REQUESTED ARE NOT LATER THAN ONE YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION, EXCEPT THAT AN APPROPRIATE EXTENSION OF TIME MAY BE AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR HIS DESIGNEE WHEN SETTLEMENT IS NECESSARILY DELAYED BECAUSE OF LITIGATION.'

BY EXPRESS TERMS THE REGULATION PRESCRIBES ONLY ONE EXCEPTION TO THE 1- YEAR LIMITATION. SUCH EXCEPTION IS THAT AN APPROPRIATE EXTENSION OF TIME MAY BE AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR HIS DESIGNEE WHEN SETTLEMENT IS DELAYED BECAUSE OF LITIGATION. THERE IS NOTHING IN THE RECORD OF YOUR CASE TO INDICATE THAT THE DELAY IN SELLING YOUR RESIDENCE AT YOUR FORMER DUTY STATION WAS CAUSED BY LITIGATION. THUS THE PURPORTED EXTENSION OF TIME IS INEFFECTIVE TO AVOID THE 1-YEAR LIMITATION IN THE REGULATION QUOTED ABOVE. ACCORDINGLY, UPON THE PRESENT RECORD NO BASIS EXISTS FOR ALLOWANCE OF YOUR CLAIM AND OUR SETTLEMENT OF DECEMBER 5, 1968, HEREBY IS AFFIRMED.

WE NOTE THAT A BILL (H.R. 12186) WAS INTRODUCED IN THE 90TH CONGRESS PROPOSING TO AMEND 5 U.S.C. 5724A (RETROACTIVE TO JULY 1, 1966), SO AS TO PERMIT REIMBURSEMENT OF THE EXPENSES OF A SALE OR PURCHASE OF A RESIDENCE WITHIN 2 YEARS AFTER REPORTING TO A NEW DUTY STATION BUT SUCH BILL WAS NEVER ENACTED INTO LAW. WE ARE NOT AWARE OF ANY SIMILAR BILL BEING INTRODUCED IN THE PRESENT CONGRESS.